Agenda 10/10/2017 Item #16D1410/10/2017
EXECUTIVE SUMMARY
Recommendation to approve the Eighth Amendment to the Subrecipient Agreement with Big
Cypress Housing Corporation and Collier County to decrease funding in the amount of $60,000 to
eliminate fencing for the project known as Hatchers Preserve.
OBJECTIVE: Provide affordable newly constructed single-family rental units in Immokalee.
CONSIDERATIONS: Collier County is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston-Gonzalez National Affordable Housing Act. HOME funds may be used to
provide incentives to develop and support affordable rental housing.
On October 22, 2013, the Board approved an agreement with Big Cypress Housing Corporation (BCHC)
for the construction of ten single-family rental housing units (Agenda item 16D15). The project provides
affordable rental housing in Collier County. Subsequent amendments were completed to revise the
budget, increase the number of units to eighteen (18), update the project timeline, replace exhibits,
incorporate the period of performance terminology and 2 CFR Part 200 compliance requirements. In
December 2016 the contract was amended to add completion of a safety fence.
The proposed Amendment will eliminate the fencing installation aspect to the project to ensure the
Agreement end date is achieved. Delayed material procurement and difficult business conditions due to
Hurricane Irma left the fence subcontractor unable to proceed on the manufacturing of the fence and to
meet the milestone deadline dates. The amendment will decrease the amount of grant funds in the amount
of $60,000. With the removal of the fence component, the amendment further clarifies that the developer
fee is payable upon unit completion and income qualified occupancy and payable on a unit by unit basis;
and the retainage is payable upon documentation of the certifications of completion for the 18 units
required by the agreement.
FISCAL IMPACT: The funding source for Big Cypress Housing Corporation, Inc. grant award is the
Home Investment Partnerships (HOME) Program. Funds are available within Grant Fund 705, Project
No. 33089, 33177, 33237, 33290, 33365, 33435 and 33480 and Grant Fund 121, Project No. 34565,
44550 and 44555. The amended grant award for this project is $2,164,755.40.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the eighth Amendment to the subrecipient agreement with Big Cypress Housing
Corporation for the Hatcher’s Preserve project.
Prepared by: Frank Ellis, Grant Coordinator, Community and Human Services
ATTACHMENT(S)
1. BCHC Amend #1- Executed (PDF)
2. FY2013 EXECUTED Big Cypress Amendment #2 (PDF)
10/10/2017
3. BCHC Hatchers amendment #3 EXECUTED BCC 8 11 15 item 16D2 (PDF)
4. BCHC Amendment #4 on 12.8.15 16D4 EXECUTED FINAL (PDF)
5. BCHC Amendment #5 EXECUTED (PDF)
6. BCHC Amendment #6 Executed (PDF)
7. BCHC EXECUTEDAmendment #7 12.13.16 #16D11 (PDF)
8. BCHC Eigth Amendment (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.14
Doc ID: 3870
Item Summary: Recommendation to approve the Eighth Amendment to the Subrecipient
Agreement with Big Cypress Housing Corporation and Collier County to decrease funding in the amount
of $60,000 to eliminate fencing for the project known as Hatchers Preserve.
Meeting Date: 10/10/2017
Prepared by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
10/03/2017 1:17 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
10/03/2017 1:17 PM
Approved By:
Review:
Public Services Department Kimberley Grant Additional Reviewer Completed 10/03/2017 1:58 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 10/03/2017 2:11 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/03/2017 3:05 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/03/2017 3:20 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/03/2017 5:19 PM
County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 10/04/2017 3:24 PM
Grants Erica Robinson Level 2 Grants Review Completed 10/04/2017 4:05 PM
Grants Therese Stanley Additional Reviewer Completed 10/04/2017 4:35 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/04/2017 4:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/04/2017 4:52 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/04/2017 5:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
Date: June 16, 2014
To: Priscilla Doria, Grants Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to the Subrecipient Agreement with
Big Cypress Housing Corporation approved by the Board
on October 22, 2013 for construction of 10 single-family
rental units at Hatcher's Preserve in Immokalee
Attached is an original copy of the document referenced above, (Item #16D13)
approved by the Board of County Commissioners on Tuesday, May 13, 2014.
The second original amendment document will be held in the Minutes and Records
Department for the Board's Official Record.
If you have questions, please feel free to contact me at 252-8406.
Thank you
Attachment
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attmmey Office no later
than Monday preceding the nom it meeting,
**NEW** ROUTING SLIP
Complete muting lines H I through N2 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 W I through 92, complete the checklist, and forward to die County Attorney Office.
Route to Addressees (List in muting order)
Office
Initials
Date
1. Jennifer A. Bel edio, ACA
County Attorney Office
( ilial)
tD
2. BCC Office
Board of County
Commissioners
c�
16.D.13
3. Minutes and Records
Clerk of Court's Office
---
—'
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Priscilla Dotin, HHVS
Phone Number
239-252-5312
Contact/ DepartmentAgenda
appropriate,
( ilial)
licable)
Date Date Item ws
May 13, 2014.
Agenda Item Numbed
16.D.13
Approved by the BCC
-- '�
---
—'
Type of Document
First Amendment to Agreement between
Number of Original
2
Attached
Collier County and BCHC
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
P, D
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike -through and revisions have been initialed by the County Attorney's
N
INSTRUCTIONS & CHECKLIST
I. Forms/ County Forms/ 13CC Dorms/ Original Documents Routing Slip W WS Original 9 03,04. Revised 1.26 05, Revised 2.24.05; Revised 11/30/12
s
11
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate,
( ilial)
licable)
1.
Does the document require the chairman's original signature?
2.
Does the document need to be sent to another agency for additional signatures? If yes,
pr vide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
1 '
sJ 1A
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
P, D
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N
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
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
((��
signature and initials are required.
`Y D
7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require 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 and all changes made
N!
@tq,Qjll:lan f3i'
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready fort
ail opttotj £off
Chairman's signature. ��iTs
lµty
I. Forms/ County Forms/ 13CC Dorms/ Original Documents Routing Slip W WS Original 9 03,04. Revised 1.26 05, Revised 2.24.05; Revised 11/30/12
s
11
Grant # - M 03 TR 11 UG 12 0017
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
FETI # - 65-1067124
FY End 12/31
Monitoring Deadline 10/2035
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this /3-"' day of 064 _, 2014, 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, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380t1i Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, the Parties desire to amend the Agreement to update budget language, amend
project milestones, revise existing Exhibits and to make other modifications to the agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Struell=Threugh are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #I Page I of 9
CNN
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project consisting of a
minimum of Ten (10) Single Family Rental Housing
Construction and associated development costs; including. but
not limited to construction temporary and permanent
$ 935,000
*$144,000
*$1,079,000
sj�,nage; site maintenance activities,- public bid
advertisements architecturalfees; project engineering,,
closing costs soil and other construction testing; surveys;
plans processing consultant; building permits certi tcates of
occupancy and inspection fees impact and utility connection
fees; fair housing advertisements and other marketing
materials • subject property_ general liability insurance during
development and builder's risk insurance.
Project Component Two: Developer Fee
$ 65,000
Total Project Expenses.
SF Rental Housing Construction
$935,000
*$144,000
Developer Fee
$ 65,000
*$19144,000
*Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC
approval
* * *
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 2 of 8
Milestone
Deadline
Environmental Scope Review by County
1/2014
Preliminary ERR review/approved by County
3/2014
Environmental Review Published and NTP Issued
5/2014
Design work complete
5/2014
Land Acquisition
6/2014
Building Plans submitted & Reviewed by County
6/2014
Bid selection made
7/2014
Contract signed/Awarded/NTP issued
8/2014
Construction of 10 units complete
7/2015
Lease Agreements Complete
10/2015
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties The subrecipient is expected to adhere to the target dates. A deviation of up to 10% of the
number of days for any tasks is considered normal fluctuation for the project schedule. Any deviation
in excess of this by subrecipient may result in termination of the agreement with no further
obligation on the part of the County to make payments for completed or in-prol4ress work. The proiect
milestones may be staff modified only with written approval from the Housing Human and Veteran
Services Department following a written request with explanation from the subrecipient and such
approval must be made in advance of the milestone deadline. Project completion date may only be
modified by Board approval amendment to this Agreement.
IV. 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: Priscilla Doria, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Emailto; PriscillaDoria@Colliergov.net
239-252-5312
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 3 of 8
6)
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUZ�ING,
, FLORIDA
%By:
St aS to' ty Clerk [AIR AN
signature(imp only,
Dated: ') (D { q
(SEAL)�-
Big Cypress Housing Corporation
By:
EVE PER
are
Steve Kirk, President
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorn
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment 01 Page 4 of 8
Exhibit "B" is replaced as follows:
.. C
REQUEST1' PAYMENT
SECTION1FOR PAYMENT
Sub recipient Name: E
Sub recipient Address:
Project Name: Single Family Rental Housing Construction
Project No: HM13-03 Payment Request #
Dollar Amount Requested:
Period of Availability:
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
Grant Amount Awarded
Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. 10% Retainage Amount Withheld
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. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature
Title
Authorizing Grant Coordinator
Dept Director
Date
(approval authority under $14,999)
(approval required $15,000 and above)
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 5 of 8
a . 71-Fum
Sub -recipients: Please fill in the following shaded areas of the
report
Agency Name: Big Cypress Housing Corporation (BCHC) ' Date:
Project Title:
Program
Contact:
Telephone
Number:
Alternate
Contact:
*REPORT FOR QUARTER ENDING: (check one
that applies to the corresponding grant period): ❑ 01/31/14 ❑4/30/14 ❑7/31114 ❑ 10/31/14
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of Sebe"— '"^' October
22 2013.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 6 of 8
OVD
3.
Yes No
Since ^^'^b-oa aoer moo.', '^" October 22, 2013, of the persons assisted, how many....
a. ...now have new access (continuing) to this service or benefit? 01"
b. ...now has improved access to this service or benefit? 0
C. ...now receive a service or benefit that is no longer substandard? 0....
TOTAL: 0
4.
Section 108 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State / Local Funds
Total Other Funds
HOPWA
CDBG
ESG
HOME
Total Entitlement $
Funds
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment 4l Page 7 of 8
O_ J
S. What is the total number of UNDUPLICATED clients served this quarter, if applicable?
a. Total No. of adult females served: 0 Total No. of females served under 18: 0
b. Total No. of adult males served: O '.Total No. of males served under 18: 0
TOTAL: 0 TOTAL: 0
C. Total No, of families served: 0 (Total No. of female head of household: 0
6. What is the total number of UNDUPLICATED clients served since October, if applicable?
a. Total number of adult females served: 0 '., .Total number of females served under 18 0
b. Total number of adult males served: 0, +,Total number of males served under 18: O
TOTAL: 0 TOTAL: 0
C. Total No. of families served: 0 Total No. of female head of household: 0
Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. JPRESumED BENEFICIARY DATA: r 8. JOTHER BENEFICIARY DATA: INCOME RANGE -`
Indicate the total number of /rnlD r_—f_P/_L -A
persons served since October 1 who fall into Indicate the total number w o fall into
eac persons
each presumed benefit category (the total served since October 1 who fail into each income
should equal the total in question #6): category (the total should equal the total in question #6):
Report as:
Abused Children
Homeless Person
Battered Spouses
Persons w/ HN/AIDS
Elderly Persons
,/ Mentally ill
Disabled Adults
TOTAL: 0
9. FR.... 18,
Report as:
0 ,i Extremely low Income (0-30%)
0" Low income (31-50%)
O Moderate Income (51-80%)
O ''Above Moderate Income (>80%)
TOTAL: 0
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Black/African
American Indian/Alaska Native 1'
,;,:0"'"
Native Hawaiian/Other Pacific Is tender,
0-'"
American Indian/Alaskan Native & White
0
Black/African American &White z`
0 -' !
Am. Indian/Alaska Native & Biack/Afrlcan Am.'r
O"
Other Multi racial
0
Other
0 -
TOTAL:
0..
Name:
Title:
of whom, how many are Hispanic?
O of whom, how many are Hispanic?
1,01" of whom, how many are Hispanic?
0 of whom, how many are Hispanic?
�0" `; of whom, how many are Hispanic?
0 of whom, how many are Hispanic?
d
"0 +; of whom, how many are Hispanic?
of whom, how many are Hispanic?
, 0 ;of whom, how many are Hispanic?
r 0 l; of whom, how many are Hispanic?
0 TOTAL HISPANIC
Signature:
Your typed name here represents your electronic
Big Cypress Housing Corporation (I-IM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #I Page 8 of 8
Grant # - M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
CFDA/CSFA# - 14.239
Subrecipient — Big Cypress Housing
Corporation (BCHC)
DUNS # - 0647232520
IDIS# 455
FT4I FEID # - 65-1067124
FY End 12/31
Monitoring Deadline 4012035 04/2036
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this 01 day of 014, by and
between Collier County, a political subdivision of the State of Florida, (" OUNTY" or "Grantee")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 161313, the COUNTY approved the first amendment to
this agreement; and
WHEREAS, the Parties desire to amend the Agreement to extend the end date and, amend
project milestones.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Page 1 of 3
6
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22"d day of October, 2013 and end on the 34-st
-1— of Oetober, �5-30th day of Anril, 2016. Construction activities shall be completed by
241-5 2016 and the affordability period shall cease in 203-56. The term of this Agreement and
the provisions herein may be extended by amendment to cover any additional time period
during which the DEVELOPER remains in control of HOME funds or other HOME assets,
including program income
III. AGREEMENT AMOUNT
Milestone
Anticipated Deadline
Environmental Scope Review by County
4-10/2014
Preliminary ERR review/approved by County
X10/2014
Environmental Review Published and NTP Issued
/411/2014
Design work complete
c i "2/2015
Land Acquisition
6/2011--10/2014
Building Plans submitted & Reviewed by County
6/-201410/2014
Bid selection made
7/201412/2014
Contract signed/Awarded/NTP issued
5941/2015
Construction of 10 units complete
W20151/2016
Lease Agreements Complete
10/201-54/2016
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties. The subrecipient is expected to adhere to the target dates. A deviation of 60 days for any tasks
is considered normal fluctuation for the project schedule. Any deviation in excess of this by the
subrecipient may result in termination of the agreement with no further obligation on the part of the
County to make payments for completed or in -progress work. The project milestones may be staff
modified only with written approval from the Housing, Human and Veteran Services Department,
following a written request with explanation from the subrecipient, and such approval must be made in
advance of the milestone deadline. Project completion date may only be modified by Board approval
amendment to this Agreement.
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Page 2 of 3
(E
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT -8. BROCK,,:CL• EIYK,
J
Attesfas � lark
signatu' onl n
Dated:
(SEAL)
BOARD OF CO TY
COUNTY, FL A/
By:
TOM HENNING, (
Big Cypress Ho
By:
EV
SIONERS OF COLLIER
orporation
Steve Kirk, President
DEVELOPER Name and Title
Approved as to form and legality
Ass taut County Attyy
1y
gam'
4b\
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project consisting of a Minimum of'I'en (10) Single Family Rental Housing Construction
Amendment #2 Page 3 of 3
0
Grant # - M -06 -UC -12-0217
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
M -14 -UC -12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation BCHC
DUNS # - 0647232520
IDIS# 455
FEID # - 65-1067124
FY End 12/31
Monitoriu Deadline 0406/2036
THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this 8A7\-\ day of <� , 2015, 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, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 3800' Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in hrunokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to
the Agreement; and
WHEREAS, on September 9, 2014, Item 16D12, the COUNTY approved the second
amendment to the Agreement; and
Big Cypress Housing Corporation (HM 13-03)
Multi-FamilyProject .�.,si� _ 8f a Minimum o fTen ^") for Single Family Rental Housing Construction
J ^�r.�.�..,�—
Amendment #3 Page 1 of 10
FIS
WHEREAS, the Parties desire to amend the Agreement to expand the scope of services and
increase the funding amount,
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Str"'a��.z—T",=aras a are deleted; Words Underlined are added
1. SCOPE OF SERVICES
A. Project Component One: Multi -Family Project consisting of a minimum of T.^"� Eighteen
1( 8) Single Family Rental Housing Construction at Hatcher's Preserve located at 3180
Westclox Street in Immokalee, FL, in Section 30, township 46 South, Range 29 East, Collier
County; Eight Fourteen (14) of the units will be High Rents and twe {2) Four 4 Low Rents
and all will be three bedroom units. Two (2) will be designated handicap units.
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22°d day of October, 2013 and end on the
30th day of A}artl June, 2016. Construction activities shall be completed by 2016 and the
affordability period shall cease in 2036. The term of this Agreement and the provisions herein
may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
IL AGREEMENT AMOUNT
The COUNTY agrees to make available at least ONE MILLION ION DO rn Ra AND NO CENTS
ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project euRsistingef'�^.;, m �`^�`� for Single Family Rental Housing Construction
Amendment 83 Page 2 of 10
TWENTY SIX DOLLARS AND FORTY CENTS ($1,763,526.40) of HOME Grant funds for the use
by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
exceed ONE N41 ONE MILLION SEVEN
HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND
IaS.�!l�72RKS•lL7Lrf •t TI t 6fRT.laesnr�sr_,r.�ews�m
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project consisting of
$935,000
a minimum of Tev (4-0) Eighteen (18) Single Family Rental
*_144-888
Housing Construction and associated development costs;
1.079-800
including, but not limited to, construction; temporary and
permanent signage; site maintenance activities; public bid
$1.698,523.40
advertisements, architectural fees; project engineering;
closing costs; soil and other construction testing; surveys;
plans processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility connection
fees; fair housing advertisements and other marketing
materials; subject property general liability insurance during
development and builder's risk insurance.
Project Component Two: Developer Fee
$ 65,000.00
Total Pro'ect Ex enscs:
"$1 763 526.40
er n..,.t„t T401asing constriietion
11J 1.1 µV,.a van
$9�O.nn
*$144,000
r�n�io_ �_ _l To„ra [10
Q 65,000
41,144-1W
*Contingent*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project consist; g - f a ^41al� +i- 0) for Single Family Rental Housing Construction
Amendment Y3 Page 3 of 10
The following table details the project deliverables and payment schedule:
Deliverable
Payment and/or Deliverable
Supporting Documents
Submission Schedule for
Payment and/or
Deliverable
Project Component One:
Upon invoicing using Exhibit B will reimburse
Payment Request: Monthly
Single Family Rental
allowable expenses on AIA G702-1992 form
11/2014
Housing Construction
(attached as Exhibit "G") or equivalent
Land Acquisition
10/244-412/2014
document per contractor's Schedule of Values.
49/244 01/2015
Supporting documents must be provided as
back up
10% of total HOME funds expended
($100,000'/*'$ 44" released upon
Certificate of Completion of 40 18 units, final
waiver of lien from eneral contractor
Ten Eii4hteen households
will benefit from this
funding and will be low- and
moderate- income (LMA)
persons
Eight ( Fourteen (14) at
High HOME rents and two
(2) Four 4 at Low HOME
rents with two 2 of the
ei�hteen (18homes
N/A
Deliverable: Ongoing
evidenced by lease
agreement
Milestone
Anticipated Deadline
Environmental Scope Review by County
10/2014
P-i'ciixamary-ERR review,' Environmental approved
by County HUD
48/2944 1 2/20 14
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
10/244-412/2014
Building Plans submitted & Reviewed by County
49/244 01/2015
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project consisting-,^,f�Miini�+Hn for Single Family Rental Housing Consuuetion
Amendment #3 Page 4 of 10
Bid selection made
4 03/2015
Contract signed/Awarded/NTP issued
4F20 13 05/2015
Construction complete or pending certificate of
10/15/2015
occupancy for one of the eighteen units -failure to
accomplish this task may result in the subrecipient
being required to repay $371,260.57 of CDBG/DRI
funds that were previously invested in the project
Construction of 40 all 18 units complete
1/204-6 06/2016
Lease ag_ reenlent comulete for one of the eighteen
10/15/2015
units
Lease Agreements Complete for the remaining
seventeen units
dQ016 06/2016
IV. 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: 42,riseilla Doria, Ofarit Coordinate
ATTENTION: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email to: PriseillaDeriaQG
Email to: LisaOien@Collier ogy.net
pzn5�
239-252-6141
� * X
Signature page to follow
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project for Single Family Rental Housing Construction
Amendment #3 Page 5 of 10
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT E. BRE=(--
IQNe
Deputy Clerk
Dated: L)
Atte6airman's
signature only.
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLO
RIDA
By:
TIM NANar, CHAIRMAN
Big Cypress Housing Corporation
DEVELOPER Natne and Title
Approved in absentia per Resolution
No. 2000-149 on Au st 11, 2015
By:
Leo . Ochs, Jr., Count anager Approved as to form and legality:
er
Jennifer—A. Belpedio ( (�9
Assistant County Attorney ry
Big Cypress Housing Corporation (HMI3-03)
Multi -Family Project consisting;.r.. Minimum sTen (1 0) ror Single Family Rental Housing Construction
Amendment #3 Page 6 of 10
EXHIBIT "D"
Sub -recipients: Please fill in the following shaded areas of the report
Agency Name: Big Cypress Housing Corporation (BCHC) Date:
Project Title: Single Family Rental Housing Construction
Alternate
Program Contact: Steve Kirk, President Contact;
Telephone Number: (305) 242-2142
Activity Reporting Period Report Due Date
October 1" -December 31'' January 10"
January 31"- March 31" April 10"
April 1" -June 30" July 10'"
July 1"- September 30th October 10th
'REPORT F^o n nRTEP En DING: (Glue,., ,.�...,��..,� .,ppli...ot�...
ccloesp^ d1mg ^mart -period;; -9-O7131/44 -84130/14 07/34/44 040/34114
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of September 24, 2013.
1
Please list the outcome goals) from your approved application & sub -recipient agreement and indicate your progress in meeting
those goals since September 24, 2013.
A. Outcome Goals: fist the outcome goal(s) from your approved application & sub -recipient agreement.
Milestone
Environmental Scope Review by County
Preliminary POU T^v i^^ /Environmental approved by County HUD
Environmental Revies Published and NTP issued
Design work complete
Land Acquisition
BuildingPlans submitted & Reviewed by County
Bid selection made
Contract signed/awarded/NTP issued
Construction complete or near completion for one of the 18 units
Construction of 10 units complete
Lease agreement for one of the eighteen units
Lease Agreements Complete
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project eans+stmgg `�" rrmarrm`T�44)) for Single Family Rental Housing Construction
Amendment 43 Page 7 of 10
B,G,n Ftnaras: Ii6Y9;e'>1.'CdSxfm:J eaa _r::esa,<ec. a:.... _
J.
IB nuo pros nt Gbil in %nnpnanW vi t0 in oNgIn3r ptofael on natua7 9mara no all .l munnD "hind rifA'inuis. Tma Bt Bnbmit a naw
fin'si na for appraYal.
:@e
$In Qi OD"Onr 1. .wins parDcno 38hiDtm flow many
x4r
Sax _:<alii's F- 11
Ter0
�mu.mfnr
Tcivl Oltr:x F®8z =?.iU F®ffi ii190
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project eat^.:,^i+nar+rsin,j for Single Family Rental Housing Construction
Amendment #3 Page 8 Of 10
_ wh�l is mm testa nmxsr nr uuvluPuoATEO o entn csrawa thm nusrt,.. leeDnllnnhrn,
11 Whet Ic Lhe uatM numbar al WIDUPLICATEO ahentc c and Nnaa 031d4rr, if t='4oa Wag
.1u + Cars 'i(
6'i �"OI' LUll PLET£ E"Jr N:1l CiT luti-'. i tLl 3.
FR-lUM=C, EcA'ERCo%RY CATA: a. 076ER SZ A4p CiA,ZY F TAI fA§ OoE SA§CF_
Ixt-.��. zb3 - RmA"FJC�TL'P IcGea - etl cf rS'nC'ffiEA IEP av
h::i<ali\' PS]rJiGS rl�ii::
Ti T,i
TOTw :
YcCe:e:e lernne !3? -SO i)
3. Rsu 16 Fth.]. 0s : {rc ec➢1�=80�`
Plxexc indicate han m x L'\LG YLIGa TEL dicnb r=n'cd nncc CI¢takcr Call in Inch rc fcfarr. In odd2tinn t cch
ea lcga rv, y,locc ndicvtc hoac m. y Danom irs cath ca cc arcmary ca nai3=r thwrd:v Hia D.a nic tYo[el Race wlumn
.hnd3c�wlthc wm] tally.
0.4CE ETIPT Ol T4'
cA'kic ar x_cn. .<n — G6y _v�3 cf
S�:c Fzr•_ ncs:e N�:£c :i=e .,vi :'t es,v —:._. .— lca:__g c!
I—
T—0
T,^J H^1•ilii- 0
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project ^^tea,,. for Single Family Rental Housing Construction
Amendment 113 Page 9 of 10
EXHIBIT "H"
DEVELOPER
Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant
to 24 CFR 570.204, or as amended.
Fee
GENERAL
Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily limited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer fee.
AMOUNT
Grantee shall pay Developer a Six Thousand Five rr -a a and 00110 Dollars m6 cnmSlxty Five
Thousand 00/100 Dollar ($65,000) Developer fee for eaeh o the ten (10 eighteen (18) properties
associated with this Agreement. Tke ma imp
tThis amount represents a cumulative of Developer fees paid for each of the properties associated
with this Agreement.
METHOD OF PAYMENT
Grantee shall pay Developer the Developer fee per property upon lease to an income -eligible
person or household. To secure payment, Developer shall submit to Grantee the following
supporting materials in a format acceptable to Grantee:
o Lease Agreement
o Certificate of Occupancy
o hlvoice
o Attestation form to be provided by Grantee
o Proof of tenant income eligibility
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project consisting of Alun um of Ton (IQ) for Single Family Rental Housing Construction
Amendment #3 Page 10 of 10
MEMORANDUM
Date: December 11, 2015
To: Jody Paley, Grants Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement Amendment No. 4 with Big Cypress
Housing Corporation for the Hatchers Preserve Project (HM -13-03)
Attached please find two (2) of the three (3) original copies of the amendment
document that is referenced above, (Item #16D4) approved by the Board of County
Commissioners Tuesday, December 8, 2015.
The third original will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachments (2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sienature- draw a line through routine lines #I through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. Barbetta Hutchinson
Community & Human
(Initial)
Applicable)
Agenda Date Item was
Services (CHS) Division
Agenda Item
16D4
2. County Attorney Office
County Attorney Office
n
na 1/
3. BCC Office
Board of County
Number of Original
Attached
Commissioners
VqXs/
4. Minutes and Records
Clerk of Court's Office
�
PO number or account
by the Office of the County Attorney.
RIi, l�
:3c� V_VV
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 of missing information.
Name of Primary Staff
Jody Paley/
Phone Number
252-290
Contact / Department
Community & Hum Services
(Initial)
Applicable)
Agenda Date Item was
December 8, 2015
Agenda Item
16D4
Approved by the BCC
Does the document need to be sent to another agency for ad itional signatures. If yes,
Number
na 1/
Type of Document
Fourth Amendment to Agreement Between
Number of Original
Attached
Collier County and Bug Cypress Housing
Documents
Corporation
Attached
PO number or account
by the Office of the County Attorney.
number if document is
All handwritten strike -through and revisions have been initialed by the County Attorney's
isr
N
to be recorded
Office and all other parties except the BCC Chairman and the Clerk to the Board
INSTRUCTIONS & CHECKLM
1: 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
Initial the Yes column or mark "N/A" in the Not Applicable column, w ' is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature 54r� w1
JSP
2.
Does the document need to be sent to another agency for ad itional signatures. If yes,
na 1/
rovide the Contact Information Name; Agency; Address; one on an attached she .
3.
Original document has been signed/initialed for legal sufficie . (All documents be
JSP
signed by the Chairman, with the exception of most letters, must be signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
isr
N
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
JSP
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
JSP VA
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
JSP
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 12/08/15 and all changes made during
JSP
the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
i�
lip
Chairman's signature. //
1: 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
Grant # - M -06 -UC -12-0217
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
M -14 -UC -12-0217
M -15 -UC -12-0217
CFDA/CSFA# - 14.239
Subrecipient — Big Cypress Housing
Corporation BCHC
DUNS # - 0647232520
IDIS# 455
FEID # - 65-1067124
FY End 12/31
Monitoring Deadline 06/2036
FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this �b day of 2015, 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, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to
this Agreement; and
WHEREAS, on September 9, 2014, Item 16D 1 ; the COUNTY approved the second
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 1 of 5
amendment to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment
to this Agreement; and
WHEREAS, the Parties desire to amend the Agreement to increase the funding amount, revise
milestones and clarify language allowing use of funds for all homes from date of the execution of
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Strueli '' hr are deleted; Words Underlined are added
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22"d day of October, 2013 and end on the
30th day of T�une �2016 October, 2016. Construction activities shall be completed by 2016 an
the affordability period shall cease in 2036. The term of this Agreement and the provisions
herein may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
Iii, AGREEMENT AMOUNT
� � x
The COUNTY agrees to make available at
($1,763,52640) TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED
FIFTY FIVE DOLLARS AND FORTY CENTS ($2,164,755.40) of HOME Grant funds for the use by
the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred. to as the "Funds"). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 2 of 5
exceed (IATA' MILLION SEVENrHUNDRED SIXTY T14REL THOUSAND
T��EINTY SIX DOLLARS NN ()R 'v GENTS ($1,763,526.40). TWO MILLION ONE
HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND
FORTY CENTS ($2,164,755.40)
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project
$1,698,526 -
698c26.consisting
consisting of a minimum of Eighteen (18)Single
$2,099,755.40
Family Rental Housing Construction and associated
development costs; including, but not limited to,
construction; temporary and permanent signage;
site maintenance activities; public bid advertisements;
architectural fees; project engineering; closing costs;
soil and other construction testing; surveys; plans
processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility
connection fees; fair housing advertisements and other
marketing materials; subject property general liability
insurance during development and builder's risk
insurance, impact fees and other related
construction/development fees.
Project Component Two: Developer Fee
$ 65,000.00
Total Project Expenses:
*$19763,526.40
*$2,164,755.40
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
*
The following table details the project deliverables and payment schedule:
* * *
Milestone Anticipated Deadline
Environmental Scope Review by County 10/2014
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 3 of 5
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
12/2014
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one
of the eighteen units -failure to accomplish this task
10115115 12/15/2015
may result in the subrecipient being required to
repay $371,260.57 of CD13G/DRI funds that were
previously invested in the project
Construction of all 18 units complete
06/2016
Lease agreement complete for one of the eighteen
units
' 0-SA204-5-12/15/2015
Lease Agreements Complete for the remaining
9€/2016 09/2016
seventeen units
IV. 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 Qien r + Geo -dinat er
Jody Paley Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email to: T ^"iergov n JodyPaley(,Collier og v.net
239 252 6144 239-252-2903
Signature page to follow
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 4 of 5
ATTEST:
DWI GHTt $T#.ddCd ?CLERK
.c�
"Awt { Jerk
siature'
Dated:
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTLILQRIDA
Bv:
120,0�4w_..
TIM NANCE, CHAIRMAN
Bil
Steve Kirk, President
DEVELOPER Name and Title
Approved as to form and legality:
� C
Jennifer'A. Belpedio
Assistant County Attorney
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 5 of 5
MEMORANDUM
Date: September 14, 2016
To: Jody Paley, Grant Coordinator
Community & Human Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Fifth Amendment to Agreement between Collier County and
Big Cypress and Third Amendment to Agreement between Collier
County and Habitat for Humanity
Attached are two (2) originals of each agreement referenced above, (Item #16F1
ratification for July 26, 2016 Absentia Meeting) approved by the Board of County
Commissioners on Tuesday, September 13, 2016.
An original has been kept by the Minutes and Records Department as part of the
Official Records of the Board.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
Grant FAIN#
M-06-UC-12-0217
M-08-UC-12-0217
M-09-UC-12-0217
M-10-UC-12-0217
M-11-UC-12-0217
M-12-UC-12-0217
M-13-UC-12-0217
M-14-UC-12-0217
M-15-UC-12-0217
Federal Award Dates Est. 10/2013
Federal Award Agency: HUD
CFDA Name: HOME
CFDA/CSFA#: 14.239
Total Amount of Federal FundsAwarded:
$2.164.755.40
Subrecipient Name: Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IHI$#455
FEIIIN # - 65-1067124
R&D - No
Indirect Cost Rate - No
Period of Performance: 10/22/13— 9/30/2016
FY End 12/31
Monitoring Deadline 06/2036
FIFTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AMENDMENT is made and entered into thisasaS4rkN day of r ^" Vw r 2016, by and between
Collier County, a political subdivision of the State of Florida, ("COUNT ' or "Grantee") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing
Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal office at 19308 SW 380'' Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment
Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a
minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox
Street in Immokalee, Florida.
Big Cypress Housing Corporation (HM13.03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 1 of 9
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to this
Agreement; and
WHEREAS, on September 9, 2014, Item 16D13, the COUNTY approved the second amendment to
this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to this
Agreement; and
WHEREAS, on December 8, 2015, Item 16D4, the COUNTY approved the fourth amendment to this
Agreement; and
WHEREAS, the Parties desire to amend the Agreement to clarify the period of performance
terminology and incorporate 2 CFR 200 requirements.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend
the Agreement as follows:
Words Struek Through are deleted; Words Underlined are added
II. TIME PERIOD OF PERFORMANCE
Services of the DEVELOPER shall start on the 22 ad day of October, 2013 and end on the 30th day of
October, 2016. Construction activities shall be completed by 2016 and the affordability period shall
cease in 2036. The term of this Agreement and the provisions herein may be extended by amendment to
cover any additional time period during which the DEVELOPER remains in control of HOME funds or
other HOME assets, including program income.
M. AGREEMENT AMOUNT
* * a
Milestone
Anticipated Deadline
Environmental Scope Review by County
10/2014
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
12/2014
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 2 of 9
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one of
the eighteen units -failure to accomplish this task may
!-2ire ,§^ § 08/15/16
result in the subrecipient being required to repay
$371,260.57 of CDBG/DRI funds that were previously
invested in the project
Construction of all 18 units complete
0&20-16 8/15/16
Lease agreement complete for one of the eighteen units
24gin 08/15/16
Lease Agreements Complete for the remaining
09/2016
seventeen units
COST PRINCIPLES
procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by the
Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles A
necessary source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
VI. GENERAL
G. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 GFR 8 .442 CFR 200.339, this Agreement may also be terminated for convenience by
either the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment 45 Page 3 of
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and
all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of HOME funds per 24 CFR 92.504(2)(vii).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right
(nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY may deem
at 24 CFR 570.503(b)(7).
VIII. INSURANCE
DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance
required under this Section and outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at
all times during its performance.
IX ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 92.508 to determine
compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and
regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law. DEVELOPER shall ensure that public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law 2 CFR 200.337.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement
as deemed necessary by the County Manager or designee.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 4 of 9
The COUNTY will monitor the performance of the DEVELOPER in attempts to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards as stated with all other
gpplicable federal, state and local laws, regulations, and policiesovg erning the funds provided
under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by
the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken
by the DEVELOPER within a reasonable period of time after being notified by the COUNTY,
contract suspension or termination procedures will be initiated. DEVELOPER agrees to provide
HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
E. PURCHASING
DEVELOPER may be required to follow Federal Procurement standards at (2 CFR 200.318
through .326) and Collier County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the thresholds of Collier County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range
Quotes
Under $3K
1 Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP) Invitation
for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the DEVELOPER shall make available all records, documentation and anyother data
relating to all matters covered by the Agreement for review, dinspectio or audit and in compliance with
24 CFR 92.504.
Any deficiencies noted in audit reports must be fully cleared by the Developer, within 30 days after
Developer hereby grees to have an annual agency audit conducted in accordance with current Grantee
policy concerningDeveloper audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by OMB Circular A-133 for fiscal years beginning before December 26. 2014 and
established by 2 CFR Part 200 Subpart F -Audit Requirements for fiscal years beginning on or after
December 26, 2014
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are completed.
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#5 Page 5 of 9
Activities during this closeout period shall include, but not be limited to: making final payments, disposing of
program assets (including the return of all unused materials, equipment, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records. 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 DEVELOPER is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER
shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention.
DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single
Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant
requirements have been completed. The County will record a Mortgage, Deed and Note for each property upon
completion of each HOME unit. Developer shall execute any additional documents and provide additional
information as may be necessary for the County to enter into these additional documents.
X. OTHER PROGRAM REQUIREMENTS
E. CONFLICT OF INTEREST
The DEVELOPER 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 any conflict of interest shall be employed by or subcontracted by the
DEVELOPER. The DEVELOPER covenents that it will comply with all provisions of 24 CFR 92.356(fl
"Conflict of Interest", and 2 CFR 200.318, and the State and County statutes, regulations, oridinaces and
resolutionsovg erning conflicts of interest. The Developer 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 DEVELOPER. 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
DEVELOPER's ability to self -manage the project using its own employees. Any possible conflict of interest on
the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS 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 moderate -income
residents of the project target area.
Exhibit E of the agreement is replaced with revised Exhibit E on following page
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#5 Page 6 of 9
REVISED EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subreapisnts of federal awards to determine K
subredpients are compliant with established audit requirements. Accordingly, Collier County requires that all
appropriate documentation Is provided regarding your organizations oompliance,
In determining Federal awards expended in a fiscal year, the entity must consider ail sources of Federal awards
based on when the activity related to the federal award occurs, including any Federal award provided by Collier
County. jhgdetermination of amounts of Federal awards expended shall be in accordance with guidelines
established by OMB Circular A-133, for fiscal years beoirmloo before December 26, 2014, and established by 2
CFR Part 200, Subpart F — Audit Reaulremenls. for fiscal years beninolnn on or after December 26, 2014. This
form may be used to monitor Florida Sinote Audit Act (Statute 215.97) requirements.
Subreclplent
Youth Haven
Name
First Date of Fiscal Year MMM
Last Date of Fiscal Year MMlDDfYY
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. Cheek C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been
❑
met and a Circular M 33 or 2 CFR Part 200, Subpart F Single Audit 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.
S. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F
because we:
❑
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a fa -profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and 0 applicable, the independent auditors 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 reports. 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(15
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 7 of 9
EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
40. 2 CFR 200 et seg - Uniform Administrative Requirements Cost Principles and Audit
requirements for Grants and Agreements
41. The DEVELOPER awees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred These requirements are
enumerated in 2 CFR 200 et sea
42. Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the
County nine (9) months after the end of the DEVELOPER'S fiscal year. The DEVELOPER shall
receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an
audit after such closeout. http://www.whitehouse.pov/omb/circulars/al 33 compliance supplement 2011
Signature page to follow
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date first written above.
ATTEST BOAAD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
DWIGHT E BOCK, CLERK FL;A
7
B
De uty lerl� _ DONNA FIALA , CHAIRMAN
- I -(SEAL)
Attest as to Chairman's
signature only.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment k5 Page 8 of 9
Approved in absentia per Resolution
No. 2000-149 on July , 016
By:
Leo E. Ochs, Jr., Count anager
Big Cypress Housing Corporation
By:
DEVE PERSignature
rk President
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorn A\�(o
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 9 of 9
Grant # - M -03 -M -11 -UC -12-0017
CFDA/CSFA# -14.239
DEVELOPER — Big Cypress
Housing Corporation CHC
DUNS # - 0647232520
FETI # - 65-1067124
FY End 12/31
Monitoring Deadline 10/2035
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this 22nd day of October, 2013, 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, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380'b Street, Florida City, Florida 33034.
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME
Program on August 13, 2013 -Agenda Item 1 l A; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2013-2014 for the HOME Program and the use of the HOME funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in
this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
Big Cypress Housing Corporation
(HM 13.03)
Multi -Family Project consisting of a
Minimum orTen (10) Single Family Rental
Housing Construction Page 1 of 35
I. SCOPE OF SERVICES
The DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing HOME funds, as determined by Collier County Housing,
Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as
follows:
FY2008 - FY2012 Amended Action Plans identified and approved the project to Big Cypress
Housing Corporation (BCHC):
A. Proiect Component One: Multi -Family Project consisting of a minimum of Ten (10) Single
Family Rental Housing Construction at Hatcher's Preserve located at 3180 Westclox Street in
Immokalee, FL, in Section 30, township 46 South, Range 29 East, Collier County; Eight (8) of
the units will be High Rents and two (2) Low Rents and all will be three bedroom units. Two
(2) will be designated handicap units.
Maximum Per -Unit Subsidy
The maximum HOME per-unit subsidy may not be increased above 240 percent of the base
limits authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In
no case will the County's funding of the Project be less than $1,000 per HOME -assisted unit or
more than the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum
subsidy for 3 bedroom units is $215,282.
1. As a new construction rental project, the Affordability Period during which DEVELOPER
must maintain compliance with all applicable HOME rules shall be twenty (20) years. The
Affordability Period will not commence until the Project has met the requirements for Project
Completion outlined in 24 CFR 92.2, which will require that construction be complete, all
HOME funds have been disbursed by the COUNTY and drawn from the US Treasury, and
required completion data has been entered in HUD's IDIS Federal Reporting System. The
COUNTY will notify the DEVELOPER of the actual date of completion and the exact date of
the expiration of the affordability period, which shall be calculated based on the date of
completion. The COUNTY will record a covenant running with the land, in form satisfactory
to the COUNTY, that provides a means for enforcement of the affordability restrictions of 24
CFR 92.252. The covenant will be recorded senior to all other financing liens, including the
first -position mortgage referenced above, and be enforceable against all successors in interest
to VOASE. If necessary, the COUNTY may execute an amendment to the Covenant Running
with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of
expiration of the affordability period. Failure of the project to meet all applicable HOME
requirements for the entire Affordability Period will result in a requirement that all HOME
funds be repaid by the DEVELOPER to the COUNTY.
LONG TERM AFFORDABILITY
The HOME -assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The per
Big Cypress I lousing Corporation
(IIM13-03)
Multi -Family Project consisting of a
Minimmn of Ten (10) Single Parody Rental
Housing Construction Page 2 of 35
N
unit amount of HOME funds and the affordability period that they trigger are described more
fully below under Recapture Provisions.
nentat houslip ecnvlry MIMnen pada" Of UIm 101y In yawn
RMaGtitaOwt ar aWusl0onal eustirq heu4"0 Par yrR amount W HOME fultls. OMar 515,000 5
$15,000 to $40.000 10
Over $40,000 w re bhtation involviq reftrai;lnq 15
New mnaVudiOn W Uisifiw 0 rrov.4y oonSOu t Bis 2
2. Additional Rent Limitations: A rental project with five or more HOME assisted rental units,
shall have twenty (20) percent of the HOME assisted units occupied by very low-income
families and meet one of the following rent requirements: 1) does not exceed 30 percent of the
annual income of a family whose income equals 50 percent of the median income for the areas,
as determined by HUD; and 2) The rent does not exceed 30 percent of the families adjusted
income. If the unit receives Federal or State project -based rental subsidy and the very low-
income family pays as a contribution toward rent not more than 30 percent of the family's
adjusted income, then the maximum rent (i.e. tenant contribution plus project -based rental
subsidy) is the rent allowable tinder the Federal or State project based rental subsidy program;
92.252(b)(1)(2). In accordance with 24 CFR 92.252(b), it requires that projects with five (5) or
more HOME assisted rental units have at least 20% of their units occupied by Very -Low -
Income (Vf,1) 50% of AMI or less.
B. Project Component Two: Developer Fee, as specified in Exhibit H
Items identified for funding are outlined in the budget in Section III.
Any funds the CHDO cams are permitted to be retained as CHDO proceeds from this project
shall be used in compliance with 24 CFR 92.300(a)(2) or as otherwise specified in this
Agreement and in accordance with Exhibit G.
H. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22"d day of October, 2013 and end on the 31st
day of October, 2015. Construction activities shall be completed by 2015 and the affordability period
shall cease in 2035. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the DEVELOPER remains in control of
HOME funds or other HOME assets, including program income.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available at least
CENTS ($1,000,000) HOME Grant for the use by tht
Agreement (hereinafter, the aforestated amount including,
Big Cypress Housing Corporation
(FIM 13-03)
Multi -Family Project consisting of a
Minimum of I'm (10) Single Family Rental
Housing Construction Page 3 of 35
ONE MILLION DOLLARS AND NO
DEVELOPER during the Term of the
without limitation, any additional amounts
M
included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the
"Funds"). The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed ONE MILLION DOLLARS AND
00/100 DOLLARS ($1,000,000) unless an additional $144,000 of grant funds is allocated by the Board
of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the
SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed ONE MILLION, ONE HUNDERD FORTY
FOUR THOUSAND AND 00/100 DOLLARS ($1,144,000).
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project consisting of a
minimum of Ten (10) Single Family Rental Housing
Construction and associated development costs
$ 935,000
*$144,000
*$1,079,000
Project Component Two: Developer Fee
$ 65,000
Total Project Expenses;
SF Rental Housing Construction
$935,000
*$144,000
Developer Fee
$ 65,000
*$1 144,000
*Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC
approval
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10%
and does not signify a change in scope. Fund shifts that exceed 10% between project components shall
only be made with board approval.
All services specified in Section I. Scope of Services shall be performed by DEVELOPER
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and Federal requirements. The DEVELOPER shall enter into contract for improvements with the
lowest, responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER
and monitored by HHVS, which shall have access to all records and documents related to the project.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. The Developer is encouraged to provide match funds when
identified as an eligible source , such as contributions to housing activities that qualify as affordable
housing under the HOME program throughout a fiscal year. Contributions that have been or will be
counted as satisfying a matching requirement of another Federal grant or award may not count as
satisfying the matching contribution requirement for the HOME program. Pursuant to Florida
Big Cypress Housing Corporation
(IiM 13.03)
Multi•Fomily Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 4 of 35
T
administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as
required match for HOME eligible activities. The County will apply those funds as a source of match
to meet the federally required snatch commitment of 25%.
The County shall reimburse the DEVELOPER for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. DEVELOPER may not request disbursement of HOME funds
until funds are needed for the payment of eligible costs, and all disbursement requests must be limited
to the amount needed at the time of the request. However, invoices for work performed are required
every month. DEVELOPER may expend funds only for allowable costs resulting from obligations
incurred during the temi of this agreement. If no work has been performed during that month, or if the
DEVELOPER is not yet prepared to send the required backup, a $0 invoice will be required.
Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall
be made to the DEVELOPER when requested as work progresses but, not more frequently than once
per month. Reimbursement will not occur if DEVELOPER fails to perform the minimum level of service
required by this Agreement. Final invoices are dile no later than 90 days after the end of the
agreement. Work performed during the term of the program but not invoiced within 90 days without
written exception from the Grant Coordinator will not be reimbursed. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be trade upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
The following table details the project deliverables and payment schedule:
Deliverable
Payment and/or Deliverable
Submission Schedule for
Supporting Documents
Payment anti/or
Deliverable
Project Component One:
Upon invoicing using Exhibit B will reimburse
allowable expenses on AIA G702-1992 form
Payment Request: Monthly
Single Family Rental
Housing Construction
(attached as Exhibit 'G") or equivalent
document per contractor's Schedule of Values.
Supporting documents must be provided as
back up
10% ($100,000)1'($14,400) released upon
Certificate of Completion of 10 units, final
waiver of lien from general contractor
Project Component Two:
Upon invoicing using Exhibit B and Developer
Fee documentation/as evidenced by i.e,
Payment Request: Per
occurrence
Developer Fee
Certificate of Occupancy and signed lease
agreement with income qualified eligible
tenant.
Big C},press Housing Corporation
(HM13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 5 of 35
GP
HOME Match Requirement
Documentation of developer activities
Deliverable: Quarterly, as
1/2014
Obtain Environmental Clearance
identified
Creation and maintenance of
N/A
Deliverable: Ongoing and
income eligibility files on
Bid construction contract
to be reviewed during
clients served
7/2014
monitoring
Ten households will benefit
N/A
Deliverable: Ongoing and
from this funding and will be
1/2016
evidenced by lease
low- and moderate- income
agreement
(LMA) persons
Eight (8) at High HOME
rents and two (2) at Low
HOME rents
Quarterly Progress Report
Exhibit D
Deliverable: Quarterly
Proof of Insurance
Insurance certificate
Deliverable: Annually
within 30 da s of renewal
Affirmative
Plan Documents
Deliverable: Within 30
Action/Marlocting Plan
days of contract execution
and as modified
HQS Inspections
Inspection Forms
Deliverable: Annually on or
before 11/30 for each rental
unit
Tenant Leases
Signed Leases
Deliverable: 30 days prior
to occupancy
Tenant Participation Plan
Plan Document
Deliverable: 60 days prior
to leasing
Annual Audit
Audit Report with Management Letter and
Deliverable: 180 days after
Exhibit E
end of fiscal year
Property Inventory
Proof of continued ownership/management of
Deliverable: 11/30 annually
property
Milestone
Deadline
Update Collier County SDP Platt and SWFWMD
Drainage Approvals as required
1/2014
Obtain Environmental Clearance
1/2014
Retain Project Architect and Civil Engineer
2/2014
Submit for County building Plans & obtain
approval
5/2014
Bid construction contract
6/2014
Select Contractor
7/2014
Start construction
9/2014
Construction of 10 units complete
10/2015
Units Leased/Occupied
1/2016
Big Cypress Housing Corporation
(HM13.03)
Multi -Family Project consisting of
Minimum of Ten (10) Single Family Rental
I lousing Construction Page 6 of 35
cam.
IV. 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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:RosaMunorta'�.Collier og v.net
239-252-5713
DEVELOPER ATTENTION: Steve Kirk, President
Big Cypress Housing Corporation
P.O. Box 343529
Florida City, FL 33034
mailto:mailtokirknet(wahoo.com
305-242-2142
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from HOME grant funds from HUD and must
be implemented in fill compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of
curtailment or non -production of said federal funds, the financial sources necessary to continue to pay
the DEVELOPER 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 -her sole discretion and judgment, that the Funds are no
longer available. In the event of such termination, the DEVELOPER 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 DEVELOPER under the terms of this Agreement.
VL GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
Big Cypress Housing Corporation
(HM13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
I lousing Constriction Page 7 of 35 t
V
B. GENERAL COMPLIANCE
The DEVELOPER agrees to comply with the requirements of 24 CFR Part 92 of HOME
Investment Partnerships Program Grants including subpart H of these regulations, except that (1) the
DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR
93.352 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Parts 50 and 58. The DEVELOPER also agrees to
comply with all other applicable Federal, state and local laws, regulations, and policies governing the
funds provided under this contract. The DEVELOPER further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published
on 7-24-13, all new applicable regulations apply and are hereby incorporated by reference.
C. 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 DEVELOPER
shall at all times remain an "independent contractor" with respect to the services to be performed under
this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the
DEVELOPER is an independent contractor.
D. AMENDMENTS
The COUNTY and/or DEVELOPER 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
DEVELOPER from its obligations under this Agreement. No amendments to this agreement will be
granted ninety (90) days prior to end date of 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 DEVELOPER.
Expiration of Agreement: If the DEVELOPER does not complete the project within the time
period, the COUNTY Manager or designee may subject to HOME program requirements, grant a
cumulative time extension of no more than 180 days and modify any subsequent project work plans to
reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of
the Agreement.
E. INDEMNIFICATION
Big Cypress Housing Corporation
(HM 13.03)
Multi -Family Project consisting of a
Minimum of'ren (10) Single Family Rental
Housing Construction Page 8 of 35
`r
To the maximum extent permitted by Florida law, the DEVELOPER 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, 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 DEVELOPER 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 DEVELOPER 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 DEVELOPER 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 thereon. 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 S(ahrles. This
section shall survive the expiration or termination of this Agreement.
F. GRANTEE RECOGNITION/SPONSORSHIPS
The DEVELOPER agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar public
notices prepared and released by the DEVELOPER for, on behalf of, and/or about the Program shall
include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND
VETERAN SERVICES DEPARTMENT"
and shall appear in the same size letters or type as the name of the DEVELOPER. 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. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either
the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be terminated. However, if in
the case of a partial termination, the Grantee determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, the Grantee may terminate the award in its
entirety.
Big Cypress Housing Corporation
(HM13-03) -
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Ilousing Construction Page 9 of 35
(A) The following actions or inactions by DEVELOPER shall constitute a Default under
this Agreement:
I. Failure to comply with any of the rules, regulations or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the DEVELOPER to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the DEVELOPER to the Grantee reports that are incorrect or
incomplete in any material respect;
5. Submission by the DEVELOPER of any false certification;
6. Failure to materially comply with any terms of this Agreement; and
7. Failure to materially comply with the terms of any other agreement between the
County and the DEVELOPER relating to the project.
In the event of any default by DEVELOPER tinder 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 DEVELOPER to the County of all HOME funds
DEVELOPER has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be
applicable;
5. Stop all payments until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to DEVELOPER of such
termination and specifying the effective date of such termination. If the Agreement
is terminated by the County as provided herein, DEVELOPER shall have no claim
of payment or claim of benefit for any incomplete project activities undertaken
under this Agreement.
VII. REVERSION OF ASSETS
Big Cypress Housing Corporation
0 I 13.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Fmnily Rental
Housing Construction Page 10 of 35 t ll
12)
In the event of a termination of this Agreement or upon expiration of the Agreement and in
addition to any and all other remedies available to the COUNTY (whether tinder this Agreement or at
law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any funds on hand at
the time of termination (or expiration) and any accounts receivable attributable to the use of HOME
funds per 24 CFR 92.504(2)(vii).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as
the COUNTY may deem necessary.
Title to equipment acquired by DEVELOPER shall vest with the DEVELOPER, subject to the
conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the DEVELOPER upon
acquisition subject to the conditions outlined in 24 CFR 84.35.
The County will enforce affordability for the property through deed restrictions upon completion of the
project.
Recapture Provisions
The COUNTY may choose to recapture the entire amount of HOME assistance or a reduced amount
on a pro rata basis for the time the DEVELOPER has owned the housing measured against the required
affordability period. The net proceeds may be divided proportionally as set forth in the following
mathematical formulas:
Direct HOME Subsidy X Net proceeds = HOME recapture Direct HOME
Subsidy+ Developer investment
Developer Investment X Net proceeds = amount to Developer
HOME Subsidy + Developer investment
The COUNTY may permit the DEVELOPER to recover the DEVELOPER'S entire investment
(capital improvements made by the DEVELOPER since completion) before recapturing the HOME
investment. Any HOME investment recaptured by the COUNTY shall be deposited to the
Jurisdiction's HOME account for future use towards eligible activities.
VIII. INSURANCE
DEVELOPER shall not commence any work and/or services pursuant to this Agreement until
all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at
all times during its performance.
Dig Cypress Housing Corporation
(HMI3-03)
Multi -gamily Project consisting of a
Minimum of Ten (10) Single family Rental
Housing Construction Page I 1 of 35
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 92.508 to
determine compliance with the requirements of this Agreement, the HOME Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND
All records required by HOME.
2. DEVELOPER shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, snaps, books, records and other data
procedures developed, prepared, assembled, or completed by the DEVELOPER for the
purpose of this Agreement shall be made available to the COUNTY by the
DEVELOPER at any time upon request by the COUNTY or HHVS. Materials
identified in the previous sentence shall be in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall be
maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses
of whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS if
requested. In any event the DEVELOPER shall retain all documents and records in a
readily accessible, permanent location for four (4) years after project completion;
provided, however, that records of individual tenant income verifications, project rents
and project inspections must be retained for the most recent five year period, until five
years after the affordability period terminates. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records
cited and that have commenced before the expiration of the five (5) year period, such
records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five (5) year period, whichever occurs later. The COUNTY shall
be informed in writing if an agency ceases to exist after closeout of this Agreement of
the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all
requirements for retaining public records and transfer, at no cost, to COUNTY all
public records in possession of the DEVELOPER upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
Big Cypress Housing Corporation
(HM 13.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 12 of 35
provided to the COUNTY in a format that is compatible with the information
technology systems of the public agency.
5. The DEVELOPER shall maintain records showing compliance with the Davis -Bacon
Law, including files containing contractor payrolls, employee interviews, Davis -Bacon
wage rates, and administrative cross-referencing. DEVELOPER shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the DEVELOPER shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant implementation.
6. The DEVELOPER will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The DEVELOPER shall ensure all tenant files comply with
income determination as specified in 24 CFR 92.203 and 92.253. The DEVELOPER
agrees that HHVS shall be the final arbiter on the DEVELOPER's compliance.
Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law. DEVELOPER shall ensure
that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement as deemed necessary by the County Manager or designee.
During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY on the
15th day of January, April, July and October respectively for the prior quarter period end. As part of the
report submitted in October, the DEVELOPER also agrees to include, a comprehensive final report
covering the agreed-upon Program objectives, activities and expenditures and including, but not
limited to, performance data on client feedback with respect to the goals and objectives set forth in
Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this
requirement. Other reporting requirements may be required by the County Manager or their designee
in the event of Program changes; the need for additional information or documentation arises; and/or
legislative amendments are enacted. Reports and/or requested documentation not received by the due
date shall be considered delinquent and may be cause for default and termination of this Agreement.
During the term, DEVELOPER shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than 180 days after the DEVELOPER's fiscal year end. The COUNTY will
conduct an annual financial and programmatic review.
The DEVELOPER agrees that HHVS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, they
Big Cypress Housing Corporation
(HM 13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 13 of 35
may impose a reasonable monitoring charge. Fees are based on average staff time and costs of
materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the
COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR
92.504(d)(i) and HQS inspections shall be completed in accordance with 24 CFR 92.209(1). Also, 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
DEVELOPER shall, upon the request of HHVS, submit information and status reports required by
HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The DEVELOPER shall allow HHVS or HUD to monitor the DEVELOPER on site. Such
site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND
HUD REQUIREMENTS
The DEVELOPER agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the thresholds of Collier County Purchasing
Policy.
Purchasine Threshold Policv
Dollar Range $Quotes
Under $3K
I Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the DEVELOPER shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit and in compliance with 24 CFR 92.504.
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER'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 (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. Any balance of unobligated funds which have been advanced or paid must be
Big Cypress Housing Corporation
(HM13-03)
Multi -Family Project consisting of
Minimum or (10) Single Family Rental
Housing Construction Page 14 of 35
0
returned to the County. Any funds paid in excess of the amount to which the DEVELOPER is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to
the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119.021
Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER shall also
produce records and information that complies with Section 215.97, Florida Single Audit Act. The
County will record a Mortgage, Deed and Note for each property upon completion of each HOME
unit. Developer shall execute any additional documents and provide additional information as may be
necessary for the County to enter into these additional documents.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
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 DEVELOPER shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The DEVELOPER will use its best efforts to afford small businesses, minority business
enterprises, and women's 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 fifty-one (51) percent
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 DEVELOPER may rely on written
representations by businesses regarding their status as minority and female business enterprises in lieu
of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
Big Cypress Housing Corporation
(HM 13-03)
Multi -Family Project consisting ora
Minimum of Ten (10) Single Family Rental
Housing Construction Page 15 of 35
CAC
assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement.
In accordance with 24 CFR 92.252(b), requires that projects with five (5) or more HOME assisted
rental units have at least 20% of their units occupied by Very -Low -Income (VLI) 50% of AMI or less.
D. AFFIRMATIVE ACTION/MARKETING PLAN
The DEVELOPER agrees that it shall be committed to cant' 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 DEVELOPER to assist in the formulation of such program. The DEVELOPER shall
submit a plan for an Affirmative Action Program for approval prior to the award of funds. The
Affirmative Action/Marketing Plan will need to be updated throughout the affordability period and
submitted to County within 30 days of update/modification.
E. CONFLICT OF INTEREST
The DEVELOPER 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 any conflict of interest shall be employed
by or subcontracted by the DEVELOPER. The DEVELOPER 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 DEVELOPER. 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 DEVELOPER's ability to self -manage the project using its own
employees. Any possible conflict of interest on the part of the DEVELOPER or its employees shall be
disclosed in writing to H14VS 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 moderate -income residents of the project
target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section and 24 CFR 92.257. The
DEVELOPER shall comply with First Amendment Clturch/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
Big Cypress Housing Cotpormion
(HM13.03)
Multi -Family Project consisting of a
Minimum of Fen (10) Single Family Rental
housing Construction Page 16 of 35 (' (
A
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 HOME 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 activities. Where a structure
is used for both eligible and inherently religious activities, HOME 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 HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME
funded religious congregation uses as its principal place of worship, however, are ineligible
for HOME funded improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
REMAINDER OF PAGE INTENTIONLALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Big Cypress dousing Corporation
(11M 13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
I lousing Construction Page 17 of 35
IN WITNESS WHEREOF, the DEVELOPER and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this QA -A day of
,2013.
ATTEST:
DWIGHT E. BROCK,'CLERK
Aftst as to cnairmanT 7Z ---
signature
signature only, `~"
Big Cypress Housing Corporation
(HM13.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
•l]
Big Cypress Housing
M
a
OF
ESQ., CHAIRWOMAN
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpei
Assistant County A rney _ n—
Page 18 of 35
EXHIBIT "A"
INSURANCE REQUIREMENTS
The DEVELOPER shall famish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes
2. 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. Collier County shall be named
as an additional insured.
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 DEVELOPER or the licensed design
professional employed by the DEVELOPER in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER
and/or the design professional shall become legally obligated to pay as damages for
claims arising out of the services performed by the DEVELOPER or any person
employed by the DEVELOPER in connection with this contract. This insurance shall
be maintained for a period of two (2) years after the certificate of Occupancy is issued.
Collier County shall be named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in t — 4 above, the SUBRECIPEINT 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 DEVELOPER.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards, flood insurance under the National Flood Insurance Program is obtained
Big Cypress Housing Corporation
(tIM13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 19 of 35
C4(?
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:
8. Workers' Compensation as required by Chapter 440, Florida Statutes.
9. 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.
10. 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. Collier County as an additional
insured.
11. 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.
12. 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.U.M.A.
Big Cypress Housing Corporation
(HM 13.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
Page 20 of 35
010
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Sub recipient Name: Big Cypress Housing Corporation (BCHC)
Sub recipient Address: P.O. Box 343529/193008 SW 3800' Street Florida City FL 33034
Project Name: Single Family Rental Housing Construction
Project No: HM 13-03 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
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
S. Amount of Today's Request
6. Current Grant Balance (initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under $14,999)
Dept Director
Big Cyprus Housing Corporation
(HMI3-03)
Multi -Family Project consisting of
Minimum of'I'en (10) Single Family Rental
(approval required $15,000 and above)
Housing Construction Page 21 of 35
0
EXHIBIT "C°
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The DEVELOPER certifies for itself and its contractors that all charges for labor, materials,
supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a
demand against any payment bond might be filed, have been satisfied and paid. This document is in
compliance with Florida Statutes Chapter 713.02 Part 1 — Waiver or Release of Liens.
This Release and Affidavit is given in connection with the DEVELOPER's (monthly/final)
Request for Payment.
Witness:
RW
Print name and title
STATE OF
COUNTY OF
Big Cypress Housing Corporation (BCHC)
!3,
ITS: President
DATE:
The foregoing instrument was acknowledged before me this _ day of ,
20_, by , as of
A Choose Not -For -Profit, or Corporation or Municipality on behalf of
Choose Not -For -Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
Printed)
(AFFIX OFFICIAL SEAL.,)
Big Cypress Housing Corporation
(HM 13.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
(Signature)
Name:
Notary Public, State of:
Commission No.:
Page 22 of 35
(Legibly
C,a
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub -recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Date:
Program Contact. RIZ * -
$',Ge (tlf`kr'piyit�eFlt ' '., '
Alternate
f
. e' _ .
_ a ^ , „
Contact:
t
Telephone Number .(306)242-2142 ,.` `
*REPORT FOR QUARTER ENDING: (check one that applies to the
''
corresponding grant period):
0 01/31114 04130114
";07/31114
0 10131114
Please take note: Each auortedv recon needs to include cumulative data beainnina from the start of the aereemenl date of September 24. 2013.
Please list the outcome goal(s) from your approved application Set) eclplgM ag�ee`me and Indlcatayour progress in meting
those goals ilrunit'Sepierintler24,203. e_-_
Big Cypress Housing Corporation
(FIM 13-03)
Multi -family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 23 of 35
2.
4.
Yes
z i ` 3l ci
Since pato r 7,3012, of 7ft8' ` � rsons assisted boW riia"�i ..,. � ;� ,
...now have new access (continuing) to this service or benefit?
...now has improved access to this service or benefit?
...now receive a service or benefit that is no longer substandard?
TOTAL:
Secion r: -'u
•
1 1zd
Other Consolidated Plan Funds
CDBG
Other
dvzihx
ESG
fs("F
State / Local Funds
S iji AW�y1`.
sw 5 '. �3-HOME
Total
Entitlement
Total Other Funds
Funds
Big Cypress Housing Corporation
(HM13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 24 of 35
EXHIBIT HD"
s.
1What Is the total number of clients applicable?
e.
Total No. o/ etluil /emebs served O ;'}Total No. offsnmWa served uneer te:
Is.
Total No. of adult malas aervetl: O ''Total No. of males served under 18:
Yj0 t'
TOTAL: O TOTAL:
0
e.
Total No. of families nerved: �,, Tptal W. offemeb head of household:
6.
Whathl the total numberofUlhlour ICATEOclM asivadaln' tjctobsr Nap gueibM?�
a.
Total number of adua females served.' t'jj 'Total number of females served under 19:
p
Is.
Total number of atluq melee senretl: O '=.Total number of males served Under 18:
s -t
TOTAL: O TOTAL:
0
o,
Total No. of families served. O ?,yTotal No.offemabheadofhousehoM:
O '.
Complete EITHER ausatlon irr OR 08. Complete question 9 Hyour program aEly serves clients in one or more of the listed FUD Presumed
Boneft categories, Complete question #11# any client In your program does not fall Into a Preaumeel Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
7. IPRESUMED BENEFICIARY DATA I r e. 16fl4Rli BENEFIdiMYDATA INCOME RANGE
Indicate the lobi nu nl ar of UNOLLIRUCATPn
persons asrved sines catOctober twho /all into
Indicate the total number of IIND P1 ICA TED persons
ee<h presumed benefit
cat (the oral served since October 1 who tail Into each Income
should equal the total in question e6): category (the total should equal the total In question ea):
Report as:
Abused Children
Homeless Person
Beltered Spouses
Pennons w/ HN/AIDS
Elderly Persons
Veterans
Chronically/ Mentally kl
Phvslcaw Disabled Adults
TOTAL- O
e. IRackI&d
Repentant:
t IDdremely lax Income (G -M%)
i O; ,3;Low Income (31-50%)
�+y 0" Moderate Income (61-80%)
Above Moderate Income (>800A)
TOTAL: 0
Flease Indicate now many UNp r(Jpt 1�E clients nerved since October fall Into each race category. In addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total coil).
RACE ETHNICITY
Black/African
American IntlbNAlaska Native
Native Hawallan/Other Pacific Wanda,
Amedcan IndiaNAlaskan Native & While
Black/Abican American 8 White
Am. IndiantAlaska Native S Black/Atrican Am.
other
TOTAL: 0
Name:
TRW:
Big Cypress Housing Corporation
(HM13-03)
Muld-Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
ofwhom. how many ere Hispanic?
S Off: ofwhom. haw many are Hispanic?
ofwhom, how marry are Filspanict
b: of whom. haw many are Hispanic?
Q 7�;
ofwhom. haw many ere Fespanic7
of whom, hour many are Hispanic?
sl
of whom, how many are His panic?
ofwhom, how many are FtSpenlcT
i L7-: 0whom,howmanyareHispanic?
. O
2,?'q; ofwhom, haw many are Hispanic?
0 TOTAL HISPANIC
Page 25 of 35
Signature:
Your typed name here represents your electronic
Signature
EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the 'circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
reuirements sin and date this form.
Sub recipient
Name
Big CypressHousing Corporation (BCHCI
Fiscal Year
Period
Total State Financial Assistance Expended during
most recenti corn Ieted Fiscal Year
$
Total Federal Financial Assistance Expended during most
recent) completed Fiscal Year -
$
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
mane ement letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ 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.
above
Title
Big Cypress (lousing Corporation
(HM 1303)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 26 of 35
`II
EXHIBIT "F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. The Fair housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100;
Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958 B 1963 Comp., P. 652
and 3 CFR 1980 Comp., P. 307) (Equal Opportunity in Housing) and implementing regulations at
24 CFR Part 107; and of the Civil Right Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in
Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1.
2. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq
3. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
5. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The DEVELOPER will, in all solicitations or advertisements for
employees placed by or on behalf of the DEVELOPER, state that it is an Equal Opportunity or
Affirmative Action employer.
6. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the DEVELOPER and' any of the DEVELOPER's Sub -recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY, the DEVELOPER and any of the
DEVELOPER's Sub -recipients and subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The DEVELOPER
certifies and agrees that no contractual or other disability exists that would prevent compliance
with these requirements.
The DEVELOPER further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest
Big Cypress Ilousing Corporatlon
(HMI3-03)
Multi -family Project consisting of
Minimum of Ten (10) Single Fmnily Rental
Housing Construction Page 27 of 35
extent feasible opportunities for training and employment be given to low- and
very low-income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The DEVELOPER further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low- and very low-income persons residing within the metropolitan area in which the HOME -
funded project is located; where feasible, priority should be given to low- and very low-income
persons within the service area of the project or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead-based paint hazards), housing construction, or other public construction
project to business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the HOME-frmded project is located;
where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants in
other HUD programs.
The DEVELOPER certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
7. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
8. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
9. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
10. The Americans with Disabilities Act of 1990
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by CDBG and HOME.
(.See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.
Big Cypress Housing Corporation
(I IM 13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 28 of 35
14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in CDBG and
HOME Contracts.
15. The DEVELOPER agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by
Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA
are still applicable.
16. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
17.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non -Profit Organizations and specified by the following
subsections:
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal
Assistance;
Subpart C — Post -Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to DEVELOPERS;
o Section 84.23, Cost Sharing and Matching;
o Section 84,24, Program Income — in lieu of 84.24 CDBG and HOME
DEVELOPERS shall follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG and HOME DEVELOPER'S
shall follow 570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(8) the
following applies:
• In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG or HOME funds were
used to acquire the equipment); and
• Equipment not needed by the DEVELOPER for CDBG or HOME activities
shall be transferred to the recipient for the HOME program or shall be
retained after compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)
applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG
or HOME activities shall be four years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
Rig Cypress Housing Corporation
(HM13.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 29 of 35
0
which the specific activity is reported on for the final time rather than from
the date of submission of the final expenditure report for the award;
o Section 84.61, Termination -In lieu of the provisions of 84.61, CDBG and HOME
DEVELOPERS shall comply with 570.503(b)(7); and
• Subpart D — After -the -Award Requirements— except for 84.71, Closeout Procedures
18. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations
relating thereto. Failure by the DEVELOPER to comply with the laws referenced herein shall
constitute a breach of this agreement, and the County shall have the discretion to unilaterally
terminate this agreement immediately.
20. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
21.Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all other
Contract Documents, except the terms of any Supplemental Conditions shall take precedence over
the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be
resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall
be resolved by imposing the more strict or costly obligation under the Contract Documents upon
the Contractor at Owner's discretion.
22. Venue - Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
23. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of DEVELOPER with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.
Big Cypress Housing Corporation
(HM13.03)
Multi -Family Project consisting of a
Minimum ofTcn (10) Single Family Rental
Housing Construction Page 30 of 35
�C
24. The DEVELOPER agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, e/ seq., as amended.
25. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the DEVELOPER shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
26. The DEVELOPER agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found at 24 CFR 92.355.
Property standards. The agreement must require the housing to meet the property standards in § 92.251
and the lead-based paint requirements in part 35, subparts A, B, J, K, M and R of this title, upon project
completion. The agreement must also require owners of rental housing assisted with HOME funds to
maintain the housing in compliance with § 92.251 for the duration of the affordability period.
27. The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list.
28. The DEVELOPER must certify that it will provide drug-free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701).
29. The DEVELOPER certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the DEVELOPER shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR
570.609, Subpart K.
30. The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred.
States, local governments. and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Big Cypress Housing Corporation
(HMI3.03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 31 of 35
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non -Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty
(180) days after the end of the DEVELOPER's fiscal year. The DEVELOPER shall comply with
the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non -
Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the
COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
Clarification of Eligible Audit Costs
The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible
cost; the amendment clarifies and codifies this.
32. Any real property acquired by the DEVELOPER for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of HOME including, but not limited to, the provisions on use and disposition of
property. Any real property within the DEVELOPER control, which is acquired or improved in
whole or part with CDBG or HOME funds in excess of $25,000, must adhere to the CDBG
Regulations at 24 CFR 570.505, HOME Regulations 24 CFR 92.353 • Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49
CFR Part 24.24 CFR Part 42 (subpart B) • Section 104(d) `Barney Frank Amendment.
33. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the DEVELOPER 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 § 287.133 (3) (a), Florida
Statutes.
34. No Federal 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 Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
Big Cypress 1lmtsing Corporation
(HMI3.03)
Molti-Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 32 of 35
If any funds other than Federal 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 Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instnlctions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants,
loans, and cooperative agreements) and that all DEVELOPERS shall certify and disclose
accordingly.
35. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
36. Any rule or regulation determined to be applicable by HUD.
37. Florida Statutes 713.20, Part 1, Construction Liens.
38. Florida Statutes 119.021 Records Retention.
39. Florida Statutes, 119.071, Contracts and Public Records.
Big Cypress Housing Corporation
(IIM13-03)
Multi -Family Project consisting of
Minimum of Ten (10) Single Family Rental
Housing Construction Page 33 of 35
EXHIBIT "G"
CHDO RULES, REGULATIONS, AND LAWS
1. 24 CFR Part 92.206, HOME Investment Partnerships Program - The regulations governing the
disbursement of HOME funds.
2. CHDO PROVISIONS:
The COUNTY has certified the DEVELOPER as a CHDO. The DEVELOPER will maintain
CHDO (Community Housing Development Organization) status for the term of the
PROJECTIAGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to provide
information as may be requested by the COUNTY to document its continued compliance,
including but not limited to an annual board roster and certification of continued compliance.
A CHDO must be separate from and not under the control of a government entity.
CHDO Capacity Requirement
CHDOs must have paid staff with capacity Must demonstrate capacity in the proposed role of the CHDO
in order to receive a CHDO town, develop, or sponsor housing), as defined in the 2013 Rule
designation This can be done through:
• Full-time or part-time staff
• Independent contractors
• Consultants, but ONLY during 1 st year as CHDO
Any funds advanced as CHDO pre -development funds must be in compliance with 92.301, and are
forgivable only under the terms in 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance
with 24 CFR 92.208.
The DEVELOPER qualifies as a Community Housing Development Organization (CHDO)
according to 24 CFR 92.2. As such the DEVELOPER is authorized to retain all of the proceeds
generated from his activity as allowed by 24 CFR 92.300(a) (2). Such proceeds are not considered
program Income for this project.
The project is rental; the DEVELOPER shall create and follow a tenant participation plan as
required in 24 CFR 92.303 and submit to the County 60 days prior to occupancy.
3. 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart Hof these
regulations, except that (1) the DEVELOPER does not assume the recipient's environmental
responsibilities described in 24 CFR 93.352
Big Cypress Housing Corporation
(I1M 13-03)
Multi -Fun ily Projccl consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction
Page 34 of 35
r
'fir .
EXHIBIT "H"
DEVELOPER
1. Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant
to 24 CFR 570.204, or as amended.
GENERAL
2. Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily limited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer tee.
AMOUNT
3. Grantee shall pay Developer a Six Thousand Five -Hundred and 00/100 Dollars $6,500) Developer
fee for each of the ten (10) properties associated with this Agreement. The maximum combined
Developer fee paid by Grantee to Developer through this Agreement shall be Sixty Five Thousand
and 00/100 Dollars ($65,000); this amount represents a cumulative of Developer fees paid for each
of the properties associated with this Agreement.
METHOD OF PAYMENT
4. Grantee shall pay Developer the Developer fee per
person or household. To secure payment, Develol
supporting materials in a fonnat acceptable to Grantee:
1. Lease Agreement
2. Certificate of Occupancy
3, invoice
4. Attestation form to be provided by Grantee
5. Proof of tenant income eligibility
Big Cypress Housing Corporation
(HM13-03)
Multi -Family Project consisting of a
Minimum of Ten (10) Single Family Renal
Housing Construction
property upon lease to an income -eligible
ier shall submit to Grantee the following
Page 35 of 35
Grant # - nR nz me 11 rT< 1 � n91
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
FETI # - 65-1067124
FY End 12/31
Monitoring Deadline 10/2035
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this /.",;44� day of , 2014, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee")
having its principal address as 3339 E. Tarniami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380°i Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in hrimokalce, Florida,
WHEREAS, the Parties desire to amend the Agreement to update budget language, amend
project milestones, revise existing Exhibits and to make other modifications to the agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Str-aek Through are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #1 Page 1 of 9
0
I11. AGREEMENT AMOUNT
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project consisting of a
minimum of Ten (10) Single Family Rental Housing
Construction and associated development costs; including, but
not limited to. construction • temporary and permanent
$ 935,000
*$144,000
*$1,079,000
stege; site maintenance activities; public bid
advertisements: architecturalfees: project en inQ eerim:
closing costs: soil and other construction testing: surveys:
plans processing consultant: building permits, certf Cates of
owwancy and ins ecn tion fees- impact and utility connection
foes, fair housing advertisements and other marketing
in
materials; subject properU general liability insurance du"
and builder's risk insurance.
Project Component Two: Developer Fee
$ 65,000
Total Proiect Expenses:
SF Rental Housing Construction
$935,000
*$144,000
Developer Fee
$ 65,000
*$1,144,000
*Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC
approval
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
AmendmentA Page 2 of 8
Milestone
Deadline
Environmental Scope Review by County
1/2014
Preliminary ERR review/approved by County
3/2014
Environmental Review Published and NTP Issued
5/2014
Design work complete
5/2014
Land Acquisition
6/2014
Building Plans submitted & Reviewed by County
6/2014
Bid selection made
7/2014
Contract signed/Awarded/NTP issued
8/2014
Construction of 10 units complete
7/2015
Lease Agreements Complete
10/2015
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties The subrecipient is expected to adhere to the target dates A deviation of up to 10% of the
obligation on the part of the County to make payments for completed or in -progress work The project
approval must be made in advance of the milestone deadline Project completion date may only be
modified by Board approval amendment to this Agreement.
IV. 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: Priscilla Doria, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Emailto; PriscillaDoria@Colliergov.net
239-252-5312
Big Cypress Housing Corporation (H1v113.03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 3 of 8
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST- BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCIS, CLERK COUNTY, FLORIDA f ;
rt Clerk fOWHIR 1
By::
U-Sthastn Y NG, C` AI AN S- / 5%Zof�f
signature only. '
Dated:, !7D l q
(SEAL)
Big Cypress Housing Corporation
aEVESERI'>;nahne
Steve Kirk, President
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpedio Z
`
Assistant County Attorn p `
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Miuinmm of fen (10) Single Family Rental Housing Construction
Amendment 111 Page 4 of 8
Exhibit "B" is replaced as follows:
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: F
Sub recipient Address:
Project Name:, Single Family Rental Housing Construction
Project No: HM13-03 Payment Request #
Dollar Amount Requested:
Period of Availability:
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
Z, Sum of Past Claims Paid on this Account
3, Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4, Amount of Previous Unpaid Requests
5. Amount of Today's Request
6, 10% Retainage Amount Withheld
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. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature
Title
Authorizing Grant Coordinator _
Date
Supervisor (approval authority under $14,999)
Dept Director
(approval required $15,000 and above)
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 5 of 8
EO
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub recipients: Please fill In the following shaded areas of the
report
Agency Name BIg GpreSj's�Wi ffli' C,pj�gf8tla71 d C iC) � _ Z nate:
Project Title:
_ _
Program " "-"'- - Alternate
Contact: 1 e_ 2 r ae.1 d. li. , �_ 1 � contact:
Telephone
Number:
M."REPORT FOR QUARTER ENDING: (check one IN
that applies to the corresponding grant period): ❑ 01/31/14 , ❑4/30114 ice,❑7131/14 Name ❑ 10/31/14
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of Septe�..o.. ber=4; 2042 Octo e
22, 20J3.
1.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 6 of 8
0tl�
3.
Yes No
Since OGtebe-' °^"O October 22 2013 of the persons assisted, how many....
a. ...now have new access (continuing) to this service or benefit?
b. ...now has Improved access to this service or benefit?
C. ...now receive a service or benefit that Is no longer substandard?
4.
Section 108 Loan Guarantee HOPWA
Other Consolidated Plan Funds CDBG
Other Federal Funds ESG
State l Local Funds .li:= - � _ �, HOME
$ Total Entitlement $
Total Other Funds - Funds -
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment 4l Page 7 of 8
0
5. (What Witte total number of UNDupLic
a. Total No. of adult females served:
b. Total No. of adult males served;
am
TOTAL: 0
EXHIBIT "Ill"
No, of females served under 18:
No. of males served under 18:
TOTAL: 0
a.
Total No. or families served: 30v90A W.Tofal No. of female head of household:
�WOW
7. PRESUMED '
ATA1
Indicate the total number of 'Wrt/hPi ICA'rgl)
6.
of UNDUP66.*Ai�ED clients sewed since October, if applicable?
served since October 1 who fall Into each Income
each Presumed benefit category (the total
category (the total should equal the (ofelln question #6):
K"
Total number of adult females mnles served:_Total number of females sewed under 18:
Report as:
1).
Total number of adult males served: am Total number of mates served under 18:
'W -Y
-_Low Income (3130%)
TOTAL: 0 TOTAL: 0
O Moderate Income (81-80%)
Persons wi HN/AIDS
O&OW.Above, Moderate Income (-801/6)
C.
Total No. offamIlles, Served: Total No, of female head of household:W
ON
MON:
Complete EITHER question #7 OR #8, Complete question tLl If your program only serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question —#s it any client In your program does not fall Into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
7. PRESUMED '
ATA1
Indicate the total number of 'Wrt/hPi ICA'rgl)
Indicate the total number of 1INn(hol ICATED persons
persons served since October 1 who fall into
served since October 1 who fall Into each Income
each Presumed benefit category (the total
category (the total should equal the (ofelln question #6):
should squat the total In question #a):
Report as:
Report as:
Abused Children
ON Extremely low Income (0-30%)
Homeless Person
-_Low Income (3130%)
Battered Spouses
I 19Eldarly
O Moderate Income (81-80%)
Persons wi HN/AIDS
O&OW.Above, Moderate Income (-801/6)
Persons
# Mentally III
Disabled Adults
TOTAL: 0 TOTAL: 0
Please Indicate how many UNDUPLICATED clients served since October fall into each ram category. In addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Black/African
American IndlariffiJaska N
Native Hawallan/Other Pacific Isle
American Indian/Alaskan Native & V
SlaoWAIrloan American & V
Am. Indlan/Alaska Native & Black/Mcon
Other Multi -r
Other kJ
TOTAL: 0
Name: Signature: Your typed name are represents your electrsnit
Tfile: signature
Big Cypress Housing Corporation (I-IM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Arnendruent#1 Page 8 of 8
i A
of whom, how many are Hispanic?
11
of whom, how Many are Hispanic?
a
of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
R
of whom, how many am Hispanic?
0
of whom, how many are Hispanic?
0
TOTAL HISPANIC
Name: Signature: Your typed name are represents your electrsnit
Tfile: signature
Big Cypress Housing Corporation (I-IM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Arnendruent#1 Page 8 of 8
i A
Grant # - A143441-" TTS ' � nK4
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
FETI # - 65-1067124
FY End 12/31
Monitoring Deadline 10/2035
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this , day of Orld
,2014, 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, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380'' Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in humolcalee, Florida.
WHEREAS, the Parties desire to amend the Agreement to update budget language, amend
project milestones, revise existing Exhibits and to make other modifications to the agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Strue# Through are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#I Page I of 9
E)
III. AGREEMENT AMOUNT
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project consisting of a
minimum of Ten (10) Single Family Rental Housing
Construction and associated development costs; including. but
not limited to, construction; temporary and permanent
$ 935,000
*$144,000
*$1,079,000
sjgnage; site maintenance activities; public bid
advertisements: architectural,fees; project eneineering;
closing costs; soil and other construction testing surveys;
plans processing consultant- building permits certiflcates of
occupancy and inspectionpact and utility connection
fees: fair housing advertisements and other marketing
materials; subject property_ general liability insurance during
development and builder's risk insurance.
Project Component Two: Developer Fee
$ 65,000
Total Proiect Expenses:
SF Rental Housing Construction
$935,000
*$144,000
Developer Fee
$ 65,000
*$111445000
*Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC
approval
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 2 of 8
Milestone
Deadline
Environmental Scope Review by County
1/2014
Preliminary ERR review/approved by County
3/2014
Environmental Review Published and NTP Issued
5/2014
Design work complete
5/2014
Land Acquisition
6/2014
Building Plans submitted & Reviewed by County
6/2014
Bid selection made
7/2014
Contract signed/Awarded/NTP issued
8/2014
Construction of 10 units complete
7/2015
Lease Agreements Complete
10/2015
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties The subrecipient is expected to adhere to the target dates A deviation of un to 10% of the
number of days for any tasks is considered normal fluctuation for the proiect schedule. Any deviation
in excess of this by the subrecipient may result in termination of the agreement with no further
obligation on the part of the County to make payments for completed or in -progress work. The project
modified by Board approval amendment to this Agreement.
IV. 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: Priscilla Doria, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Emailto; PriscillaDoria@Colliergov.net
239-252-5312
Big Cypress Housing Corporation (MAI 3-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 3 of 8
IN WI'T'NESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTI SS, BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY, FLORIDA `
St 8S to'CI�i tty Clerk By. TOMiE 1NG, AIRI`dI(AN� By
i
signature only. '
Dated: (JLMP 13l_q
(SEAL)
Big Cypress Housing Corporation
By: —_.
EVE PER 'gnartire
Steve Kirk. President
DEVELOPER Name and Title
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorn
t7-
:� A
Big Cypress Housing Corporation (HMI3-03)
Multi -Family Project consisting of a Minimum of'fen (10) Single Family Rental Horsing Construction
Amendment #1 Page 4 of 8
Exhibit "B" is replaced as follows:
EXIiIBIT `B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name; I
Sub recipient Address:
Project Name:, Single Family Rental Housing Construction
Project No: HM13-03 Payment Request #
Dollar Amount Requested:
Period of Availability:
Period for which Agency has incurred indebtedness: through
SECTION H: STATUS OF FUNDS
Grant Amount Awarded
2, Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4, Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
I certify that this request for payment has been drawly in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge sod belief, all grant requirements have
been followed,
Signature
Title
Authorizing Grant Coordinator
Date
Supervisor (approval authority under $14,999)
Dept Director
(approval required $15,000 and above)
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 5 of $
0
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub -recipients: Please fill In the following shaded areas of the
report
Agency Name: Big Csst�DUslydg=Cgrpofatl71 {�GHCi,� Date:
Project Title:
Program -- - _-` Alternate
Contact::_e[.: es...ettk..,_-_ _ _ s=_s '. ^_-. _ �;_ Contact:
Telephone
Number:
*REPORT FOR QUARTER ENDING: (check one
that applies to the corresponding grant period): ❑ 01/31/14 ,e.: , ❑4130114 ❑7131(14 ❑ 1013MM4
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of Septs W24,20120ctobe
22.2013.
1.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment61 Page 6 of 8
0H1)
3.
Yes WAN No in
Since-0491;GF4,2042-October 22 2013 of the persons assisted how many....
a. ...now have new access (continuing) to this service or benefit?
b. ... now has Improved access to this service or benefit?
G. ...now receive a service or benefit that Is no longer substandard?
4.
Section 106 Loan Guarantee
HOPWA
Other Consolidated Plan Funds
CDBG
Other Federal FundsN--—
ESG
HOME.,„"
State f Local Funds
$ Total Entitlement $
Total Other Funds
- Funds -
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 7 of 8
0
5. (_What is the total number of LIND
a. Total No. of adult females served:
b. Total No. of adult males served:
TOTAL:
c.
e.
0
EXHIBIT "D"
of females served under 18:
of males served under 18:
TOTAL: 0
a. Total number of adult females served:' 0 .Total number of females served under 18: KD .
b. Total number of adult males served: Total number of males served under 18: 1WO
TOTAL: 0 TOTAL: 0
5: _ �a
G, Total No. of families served: D "'._Tatel No, of female head of household: MINIM
Complete EITHER question #7 OR #8. Complete question 1L7 If your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 If any client In your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8
.. ,. :...
7. PRESUMED BENEFICIARY DATAC- ---�� 6. ' OTHERBENEFICIARV DATA: INCOfJIE<R/WGE-'
Indicate the total number of uunnpr ICAr o
persons served since October 1 who fall into Indicate the total number of lr@ntlPr 1CATED persons
each presumed benefit category (the total served since October I who fall Into each Income
shouldequal the total to question #6) : category (the total should equal the total In question #6):
Report as: Report as:
Abused Children 'O Extremely low Income (0-30%)
Homeless Person 0 Low Income (3150%)
Battered Spouses .Moderate Income (51-80%)
MADS
Persons w/ HI(ZOQAbove Moderate Income (>80%)
11 Mentally III
Disabled Adults
TOTAL: O TOTAL: O
riease indicate now many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Black/Afdoan
American Indian/Alaska Native
Native Hawailen/Other Pacific Islander
American Indlan/Alasken Native & White
BlaaklAfrican American & White
Am. Indian/Alaska Native & Black/African Am.
Other Muid-racial
Other
9",
TOTAL:
TOTAL: 0
Name: Signature:
Your typed name here represents your a ec ti c
7100: signature
Big Cypress Housing Corporation (EM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 8 of 8
rv; of whom, how many are Hispanic?
Of whom, how many are Hispanic?
0
; of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
; of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
; ofwhom, how many are Hispanic?
of whom, how many are Hispanic?
0
; ofwhom, how many aro Hispanic?
of whom, how many are Hispanic?
0
TOTALHISPANIC
Name: Signature:
Your typed name here represents your a ec ti c
7100: signature
Big Cypress Housing Corporation (EM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#1 Page 8 of 8
Grant # - M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
FM FEID # - 65-1067124
FY End 12/31
Monitoring Deadline 10/2033 04/2036
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
t
THIS AGREEMENT is made and entered into this 01 day of 014, by and
between Collier County, a political subdivision of the State of Florida, (" OUNTY" or "Grantee")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380#' Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to
this agreement; and
WHEREAS, the Parties desire to amend the Agreement to extend the end date and, amend
project milestones.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Struel(Through are deleted; Words Underlined are added
Big Cypress Housing Corporation (HM13.03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Page 1 of 3
EN
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22nd day of October, 2013 and end on the 314
day-of0etober-f 201- 30th day of April, 2016. Construction activities shall be completed by
2013 2016 and the affordability period shall cease in 20336. The term of this Agreement and
the provisions herein may be extended by amendment to cover any additional time period
during which the DEVELOPER remains in control of HOME funds or other HOME assets,
including program income
III. AGREEMENT AMOUNT
Milestone
Anticipated Deadline
Environmental Scope Review by County
„n�04410/2014
Preliminary ERR review/approved by County
X410/2014
Environmental Review Published and NTP Issued
3/2$1-411/2014
Design work complete
312&142/2015
Land Acquisition
6F2044--10/2014
Building Plans submitted & Reviewed by County
6/20141 0/2 0 1 4
Bid selection made
U201412/2014
Contract signed/Awarded/NTP issued
$/20441/2015
Construction of 10 units complete
"1/2016
Lease Agreements Complete'
^� '^�' ` 4/2016
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties. The subrecipient is expected to adhere to the target dates. A deviation of 60 days for any tasks
is considered normal fluctuation for the project schedule. Any deviation in excess of this by the
subrecipient may result in termination of the agreement with no further obligation on the part of the
County to make payments for completed or in -progress work. The project milestones may be staff
modified only with written approval from the Housing, Human and Veteran Services Department,
following a written request with explanation from the subrecipient, and such approval must be made in
advance of the milestone deadline. Project completion date may only be modified by Board approval
amendment to this Agreement.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Page 2 of 3
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT C. BROCK,,,CLERK
BOARD OF CO TY C J�MMISSIONERS OF COLLIER
COUNTY, FL Aj (!
By: �_ f
TOM HENNING, CHAIOAY
m
Steve Kirk, President
DEVELOPER Name and Title
Approved as to form and legality
�..
Ass ant County AttTy
Big Cypress I lousing Corporation (HM 13-03)
Multi -family Project consisting of Minirmun ufTen (IU) Single Family Rental Housing Construction
Amendment N2 Page 3 of 3
Af
Grant # - M-06-UC-12-0217
M-08-UC-12-0217
M-09-UC-•12-0217
M-10-UC-12-0217
M-11-UC-12-0217
M-12-UC-12-0217
M-13-UC-12-0217
M-14-UC-12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation BCHC
DUNS # - 0647232520
IDIS# 455
FEID # - 65-1067124
FY End 12/31
Monitoring Deadline 0406/2036
THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this day ofd" , 2015, 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, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380°i Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Inunokalee, Florida.
WHEREAS, on May 13, 2014, Item 161313, the COUNTY approved the first amendment to
the Agreement; and
WHEREAS, on September 9, 2014, Item 16D12, the COUNTY approved the second
amendment to the Agreement; and
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project een*gng—ofa Minimum o`Ten (1 0) for Single Family Rental Flousing Const action
Amendment 113 Page 1 of 10
WHEREAS, the Patties desire to amend the Agreement to expand the scope of services and
increase the funding amount,
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Struek Tbrough are deleted; Words Underlined are added
1. SCOPE OF SERVICES
A. Project Component One: Multi -Family Project consisting of a minimum of Ten -(I-0) Ei teen
I( 8) Single Family Rental Housing Construction at Hatcher's Preserve located at 3180
Westclox Street in Immokalee, FL, in Section 30, township 46 South, Range 29 East, Collier
County; Bight (Sj Fourteen (14) of the units will be High Rents and two (2) Four 4 Low Rents
and all will be three bedroom units. Two (2) will be designated handicap units.
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22nd day of October, 2013 and end on the
30th day of Asir -4 June, 2016. Construction activities shall be completed by 2016 and the
affordability period shall cease in 2036. The term of this Agreement and the provisions herein
may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
II. AGREEMENT AMOUNT
The COUNTY agrees to make available at least ONE MILLION DobllARS AND NO CENTS
ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project eonsisting 0 a Minimum ef Ton -(10) for Single Family Rental Housing Construction
Amendment #3 Page 2 of 10
On
TWENTY SIX DOLLARS AND FORTY CENTS ($1,763,526.40) of HOME Grant funds for the use
by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
exceed ONE MILLION DOLLARS AND 00/100 DOLL,' n c imi 000_008) ONE MILLION SEVEN
HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND
FORTY CENTS ($1,763,526,40) unless an addidena144,000 of grant funds i alle .. aced ti4110
it
shall be reimbursed by the �nTMT�y using HUD funding fef allowable
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One; Multi -Family Project consisting of
$ 135,008
a minimum of het} -(1-8) Eighteen (18) Single Family Rental
*Q'�0
Housing Construction and associated development costs;
$1,07*9,000
including, but not limited to, construction; temporary and
permanent signage; site maintenance activities; public bid
$1,698,523.40
advertisements; architectural fees; project engineering;
closing costs; soil and other construction testing; surveys;
plans processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility connection
fees; fair housing advertisements and other marketing
materials; subject property general liability insurance during
development and builder's risk insurance.
Project Component Two: Developer Fee
$ 65,000.00
Total Project Expenses:
*$1,763,526.40
—44-;888
°---000
*$19144,,000
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
Big Cypress Housing Corporation (HM 13.03)
Multi -Family Project esxsisting-e€u-Minimumoffea(-'.^O) ro• Single Family Rental Housing Construction
Amendment Y.3 Page 3 of 10
00
The following table details the project deliverables and payment schedule:
Deliverable
Payment and/or Deliverable
Supporting Documents
Submission Schedule for
Payment and/or
Deliverable
Project Component One:
Upon invoicing using Exhibit B will reimburse
Payment Request: Monthly
Single Family Rental
allowable expenses on AIA G702-1992 form
Design work complete
Housing Construction
(attached as Exhibit "G") or equivalent
4-04014 1 2/201 4
Building Plans submitted cos Reviewed by County
document per contractor's Schedule of Values.
Supporting documents must be provided as
back up
10% of total HOME funds expended
released upon
Certificate of Completion of 4-0 18 units, final
waiver of lien from general contractor
Ten Eighteen households
will benefit from this
funding and will be low- and
moderate- income (LMA)
persons
Eight (8) Fourteen (14) at
High HOME rents and two
(2) Four 4 at Low HOME
rents with two (2) of the
eighteen (18) homes
evidenced by lease
agreement
Milestone
Antici ated Deadline
Environmental Scope Review by County
10/2014
lir ina••a �-ER reoie,,W Environmental approved
by County HUD
10/2014 1 2/20 14
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition.
4-04014 1 2/201 4
Building Plans submitted cos Reviewed by County
40/2914 0112015
Big Cypress Housing Corporation (HM 13.03)
Multi -Family Projectconsisting `,�,":kiii BfTe {}0j for Single Family Rental Housing Construction
Amendment N3 - Page 4 of 10
and
Bid selection made
4212044 03/2015
Contract signed/Awarded/NTP issued
-1-1201-5 05/2015
Construction copleteor pending certificate of
10/15/2015
occupancy for one of the eighteen units -failure to
accomplish this task may result in the subrecipient
being required to repay $371,260.57 of CDBG/DRl
funds that were previously invested in the project
Construction of 4-0 all 18 units complete
-1/204-6 06/2016
Lease agreement complete for one of the eighteen
10/15/2015
units
Lease Agreements Complete for the remaining
seventeen units
412016 06/2016
IV. 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 AA �r-rv��rIGM Wis in Derr, G ..,..« Gaer-dinat
ATTENTION: Lisa Olen, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email tea Fri spill g o -da cca@G elliewe r .net
Email to: LisaOien@Collier og v.uet
239 25-2 63i-2
239-252-6141
Signature page to follow
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project for Single Family Rental Housing Construction
Amendment 43 Page 5 of 10
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIOHT E. BR CTC, CLE C
Deputy, Clerk
Dated:: 1 G�
Att'es s'ii �hairman's
sinnaturo only,
BOARD OF COUNTY COMMISSIONERS OF COLLIER_ --
COUNTY, FLORIDA
By: ✓/ — .
TIM NANCE, CHAIRMAN
Big Cypress Housing Corporation
By:
r
DEVEI PER Signature
�c, President
DEVELOPER Narne and Title
Approved in absentia per Resolution
No. 2000-149 on Au ust 11, 2015
By: ,
Leo E. Ochs, Jr., County, anager Approved as to form and legality:
CAR c
Jennifer -A. Belpedio
Assistant Comity Attorney
-3 �\
Big Cypress ]-lousing Corporation (HM13-03)
Multi -Family Project for Single Family Rental Housing Construction
Amendment #3 - Page 6 of 10
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub -recipients: Please fill In the following shaded areas of the report
Telephone Number: (305) 242-2142
Activity Reporting Period Report Due Date
October 1" -December 31" January 10'h _
January 31" -March 31" April 10'h
April 1" - June 36h July t ill"
July i"- September 30th October 10th
"REPORT FOR n , n r 1140 {elleok one that ••ppgeg_to.the '
serreapanding grant Woo -[I-OV 144-BM30114 [17/31114 -948/34144
Please take note: Each quarterly. report needs to Include cumulative data beginning from the start of the agreement date of September 24, 2013.
Please list the outcome goal(s) from your approved application & sub -recipient agreement and indicate your progress In meeting
those goals since September 24 2013
A. Outcome Goals: list the outcome goal(s) from your approved application & sub -recipient agreement
Big Cypress Housing Corporation (HMI3-03)
Multi-Family Project sensistingoE,'r-Mi -"-`T^^ ""o) for Single Family Rental Housing Construction
Amendment #3 Page 7 of 10
B. Gall Pransn: l•�m �: taozess :sdaa arwe:4:sacia:•.cxas;rtl
IOlnlo pros nt ON In GOInpOonoo vllth nlaGnglnal piajadt BOWWO? anloio than 2Month a Datllnd oonooala. moot BOCPat a am
IM -MIN toi approval.
Yes ❑ X. ❑
3.
o. ..ca4kaax r<:-accsss(ecet.'�."eyt uNh mnke mksffa)
o. rar ta�aoxmxd accessx'^3 ssrvysMhMa£t`
G ., mmra<ekea aeixe sska,rrsaa!a,-1h )
4.
CSKs CxvtiGaa6 P'ao Pads {✓liu'
9z:r?eEeral Frds JIM
FONC
T04
rLlinameat
•rawosher}.dt iQOD Fm Seal
Big Cypress Housing Corporation (HM 13.03)
Multi -Family Project wesst:so ai ;-im �^,.,a,., of Ten M for Single Family Rental Housing Construction
Amendment 83 Page 8 of 10
r £. 146,1 lc the toW ..n yr of UnnUPLICATED o6 M, ro .d W. ydsrkw, ilepWaSbla4
e i=d Sc et2a_L S ,az _.. T:d Y. -f Eeca :_:2 veae to T..i
c TG.G' lti. G• 2T' Gi iG :nE' TC<' \l+ 9' •:'+f'C 'GiA 41'i:iG': E:
E. What Ic Ula Laid Rurldror o} UIIDUPLICATED 09antc w vd alma Caldbai. I}applbaWei
a. Te- a:w:: afduh fw' �.. T°N evi:v afEnda +-.d.=da in.
D ..nam._ efd:a mw +,a= Tc:=)v,w.c ofada ss -d vvds ld.
o. Tcd S. . arf_.,:� +_ a. T:a1Se. a(C '. defh—. A,
CaaNt EIThTR a a){dl tE. {enT`•c* QuaCea L_(f!'ay. }n}rx ooh +Ys area evr. of a'nud 1,^:D'IM1e•:m:! R—E,
DD N -M CaM PLETE BUT P. MTSI IN.'. IA\ 8.
.. MIMED IMED EENEWCiARY MTp: 0. DTNER "n MC1ARY MTA: f VUS fWhIAE
Ixdeoc tle bb) avak-v f [VaTrff]Yn fe3ub da nei ae=is ,f E:19CAtC.E)ED e +
y_3aea nand ise: Gankw t rte
An »b nek ad • v OxMa t nia Efl u4 we1 Fa.wna Gael°?
vaaad ka:da wv.-'asT q14 ..__ +.^..'f sn,a. )aa nnlxlm'1 yva: ale ea.!:=Qau.:r s;f:
Akaed flildt<d Homi9 ss
Pcsma Ss)uud Sgecus
PGswas - H!Y" A7D `s E!dasSy
P:smai lexsaas
{maeKa77y vf<a�liy �
IRr.31:Ffi\• LYs]bicd Abatis
C4cs•YoasB
TOTw 0
9. Revtal I
Flo indicate hon many LSLL]
eatega.y, p1w+e indimee ho,
xhauldeQmltha acbl edl}.
0.0.Cs
P�AMc .imc
Aro
.Lt av ifs zvxa+ >c, a i SfN:
E*xi.lEem a -_o d:'A•hP.:
...a Ld'dm A:v6: w'=;a t eado'.afin .am
cAa ssa:�a
L,.efy $7, loo... (b!e%j
Ir.. I:Gnme (33-s_09i'j
SCsbs+u ]atom[ t77. SJ:i�
mt , V-&wo ]woma (a79%)
TW : 0
L.ICw TEL climb arced ai.— Petatier 611 imto oeh race mteda ry. la addition m ooh
m yyenvva in avch.am category ean,i,bs them,elvn Ndayania tTsbl Raee column
FTlll]CITY
e! ,Sew haw
e +Min`1.• e£
nve_ tear
= IFiQsse(.• el
uta.- dew
__ Ue-coif: of
nkm ksx a>ri
c ILWp=iR =(
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r la�iC al
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vherl kvw amy
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= Rdya.Cd.' of
nken 6w. r=x, c
12nmi!1
ra).k
Taal Intour. Q
Tauv APd em 6x Gvmb yaae Betas
Big Cypress Housing Corporation (HM13-03)
Multi-Parnily Project eansi0ie efu Minimum of Tan (10) for Single Family Rental Housing Construction
Amendment 113 Page 9 of 10
I
EXHIBIT "H"
DEVELOPER
• Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant
to 24 CFR 570,204, or as amended.
Fee
GENERAL
• Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily limited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer fee.
AMOUNT
• Grantee shall pay Developer a Six Thousand Five a -a a d nnnnn Dollars $6 500)Sixty Five
Thousand 00/100 Dollar ($65.000} Developer fee for each e the ton (10 eighteen (18) properties
associated with this Agreement. The maximurn combinedwelepor- fee pakt-by-44rantee-4.e
tThW amount represents a cumulative of Developer fees paid for each of the properties associated
with this Agreement.
METHOD OF PAXMEN'f
Grantee shall pay Developer the Developer fee per property upon lease to an income -eligible
person or household. To secure payment, Developer shall submit to Grantee the following
supporting materials in a format acceptable to Grantee:
o Lease Agreement
o Certificate of Occupancy
o Invoice
o Attestation form to be provided by Grantee
o Proof of tenant income eligibility
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project for Single Family Rental Housing Construction
Amendment H3 Page 10 of 10
Grant # - M-06-UC-12-0217
M-08-UC-12-0217
M-09-UC-12-0217
M-10-UC-12-0217
M-11-UC-12-0217
M-12-UG12-0217
M-13-UC-12-0217
M-14-UC-12-0217
M-15-UC-12-0217
CFDA/CSFA# -14.239
Subrecipient — Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
IDIS# 455
FEID # - 65-1067124
FY End 12/31
Monitoring Deadline 06/2036
FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this e_ day of 1b 2015, 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, Naples FL 34112, and the "DEVELOPER',
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380" Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi -Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 161313, the COUNTY approved the first amendment to
Us Agreement; and
WHEREAS, on September 9, 2014, Item 16D17. the COUNTY approved the second
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 1 of 5
amendment to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment
to this Agreement; and
WHEREAS, the Parties desire to amend the Agreement to increase the funding amount, revise
milestones and clarify language allowing use of funds for all homes from date of the execution of
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words StmeR Through are deleted; Words Underlined are added
H. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22nd day of October, 2013 and end on the
30th day of dune,201-6-October, 2016. Construction activities shall be completed by 2016 and
the affordability period shall cease in 2036. The term of this Agreement and the provisions
herein may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
]of AGREEMENT AMOUNT
The COUNTY agrees to make available at
($1,763,526.40` TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED
FIFTY FIVE DOLLARS AND FORTY CENTS ($2,164,755.40) of HOME Grant funds for the use by
the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 2 of 5
N' Eli NINOW
1111
PL
__ _ - - • \
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project
consisting of a minimum of Eighteen (18)Single
$2,099,755.40
Family Rental Housing Construction and associated
development costs; including, but not limited to,
construction; temporary and permanent signage;
site maintenance activities; public bid advertisements,
architectural fees; project engineering; closing costs;
soil and other construction testing; surveys; plans
processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility
connection fees; fair housing advertisements and other
marketing materials; subject property general liability
insurance during development and builder's risk
insurance, impact fees and other related
construction/development fees.
Project Component Two: Developer Fee
$ 65,000.00
Total Proiect Expenses:
*$197-639526-40
*$2,164,755.40
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
The following table details the project deliverables and payment schedule:
Milestone Anticipated Deadline
Environmental Scope Review by County 10/2014
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#4 Page 3 of 5
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
12/2014
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract si ed/Awarded/NTP issued
05/2015
Construction complete or near completion for one
of the eighteen units -failure to accomplish this task
48/15/15 12/15/2015
may result in the subrecipient being required to
repay $371,260.57 of CDBG/DRI funds that were
previously invested in the project
Construction of all 18 units complete
06/2016
Lease agreement complete for one of the eighteen
units
10/ter `�3-12/15/2015
Lease Agreements Complete for the remaining
86/284009/2016
seventeen units
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
ATTENTION:
Jody Paley, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email to: JodyPaley@Collier og v.net
23° 'rs� 52 614= 239-252-2903
Signature page to follow
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 4 of 5
••DY
ATTEST: <• BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHTT,118.$�bCLERK COUNTY F DA
�tGe,
AUt ,`{ lerk TIM NANCE, CHAIRMAN
sfjjature'
Dated:
(SEAL)
Big Cypress Housing
0
DEVELOPER Name and Title
Approved as to formaand�legality:
%�l,.,Q - —
Jennifer A. BeAssistant County Attorney C� 0y) "\� D
`ti \ -
Big Cypress Housing Corporation (HM 13.03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 5 of 5
4
Grant # FAIN#
M -06 -UC -12-0217
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
M -14 -UC -12-0217
M -15 -UC -12-0217
Federal Award Dates Est. 10/2013
Federal Award Agency: HUD
CFDA Name: HOME
CFDA/CSFA#: 14.239
Total Amount of Federal FundsAwarded:
$2,164,755.40
Subrecipient Name: Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
ID18#455
FEIDN # - 65-1067124
R&D - No
Indirect Cost Rate - No
Period of Performance: 10/22/13— 9/30/2016
FY End 12/31
Monitoring Deadline 06/2036
FIFTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AMENDMENT is made and entered into this day ofv^; 2016, 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, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing
Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal office at 19308 SW 380s' Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment
Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a
minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox
Street in Immokalee, Florida.
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 1 of 9
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to this
Agreement; and
WHEREAS, on September 9, 2014, Item 16D13, the COUNTY approved the second amendment to
this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to this
Agreement; and
WHEREAS, on December 8, 2015, Item 16134, the COUNTY approved the fourth amendment to this
Agreement; and
WHEREAS, the Parties desire to amend the Agreement to clarify the period of performance
terminology and incorporate 2 CFR 200 requirements.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend
the Agreement as follows:
Words StruekThrough are deleted; Words Underlined are added
II. T4ME PERIOD OF PERFORMANCE
Services of the DEVELOPER shall start on the 22°d day of October, 2013 and end on the 30th day of
October, 2016. Construction activities shall be completed by 2016 and the affordability period shall
cease in 2036. The term of this Agreement and the provisions herein may be extended by amendment to
cover any additional time period during which the DEVELOPER remains in control of HOME funds or
other HOME assets, including program income.
M. AGREEMENT AMOUNT
Milestone
Anticipated Deadline
Environmental Scope Review by County
10/2014
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
12/2014
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#5 Page 2 of 9
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one of
the eighteen units -failure to accomplish this task may
''"',� 1540015 08/15/16
result in the subrecipient being required to repay
$371,260.57 of CDBG/DRI funds that were previously
invested in the project
Construction of all 18 units complete
0649" 8/15/16
Lease agreement complete for one of the eighteen units
424-54944 08/15/16
Lease Agreements Complete for the remaining
09/2016
seventeen units
COST PRINCIPLES
procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by the
Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E. however the Counay is Subject to 2 CFR Subpart E and
necessary source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
VI. GENERAL CONDITIONS
G. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 GFR CFR 200.339, this Agreement may also be terminated for convenience by
either the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a
partial termination, the Grantee determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 3 of 9
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and
all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
DEVELOPER shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of HOME funds per 24 CFR 92.504(2)(vii).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right
(nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as the COUNTY may deem
necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24
CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.3 11 and as otherwise pLovided
at 24 CFR 570.503(b)(7).
VIII. INSURANCE
DEVELOPER shall not commence any work and/or services pursuant to this Agreement until all insurance
required under this Section and outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and carried, at
all times during its performance.
IX ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 92.508 to determine
compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and
regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law. DEVELOPER shall ensure that public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by haw 2 CFR 200.337.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement
as deemed necessary by the County Manager or designee.
Big Cypress Housing Corporation (HM13.03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 4 of 9
The COUNTY will monitor the performance of the DEVELOPER in attempts to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards as stated with all other
applicable federal, state and local laws, regulations, and policiesovg erning the funds provided
under this agreement further defined by 2 CFR 200.331. Substandard performance as determined by
the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken
by the DEVELOPER within a reasonable period of time after being notified by the COUNTY,
contract suspension or termination procedures will be initiated. DEVELOPER agrees to provide
HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
E. PURCHASING
DEVELOPER may be required to follow Federal Procurement standards at (2 CFR 200.318
through .326) and Collier County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the thresholds of Collier County Purchasing Policy.
Purchasing Threshold Policy
Dollar Range $
Quotes
Under $3K
1 Written Quote
$3Kto$50K
3 Written Quotes
Above $50K
Request for Proposal (RFP) Invitation
for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the DEVELOPER shall make available all records, documentation and anyother data
relating to all matters covered by the Agreement for review, dinspectio or audit and in compliance with
24 CFR 92.504.
Any deficiencies noted in audit reports must be fully cleared by the Developer. within 30 da s after
Developer hgLcbyagrees to have an annual agency audit conducted in accordance with current Grantee
policy concerning Developer audits
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by OMB Circular A-133 for fiscal years beginning before December 26 2014 and
established by 2 CFR Part 200, Subpart F -Audit Requirements for fiscal years beginning on or after
December 26, 2014.
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER's obligation to the COUNTY shall not end until all closeout requirements are completed.
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 5 of 9
Activities during this closeout period shall include, but not be limited to: making final payments, disposing of
program assets (including the return of all unused materials, equipment, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records. 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 DEVELOPER is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER
shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention.
DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single
Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant
requirements have been completed. The County will record a Mortgage, Deed and Note for each property upon
completion of each HOME unit. Developer shall execute any additional documents and provide additional
information as may be necessary for the County to enter into these additional documents.
X. OTHER PROGRAM REQUIREMENTS
E. CONFLICT OF INTEREST
The DEVELOPER 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 any conflict of interest shall be employed by or subcontracted by the
DEVELOPER. The DEVELOPER covenents that it will comply with all provisions of 24 CFR 92.356(fl
"Conflict of Interest". and 2 CFR 200.318, and the State and County statutes, regulations, oridinaces and
resolutions governing conflicts of interest. The Developer 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 DEVELOPER. 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
DEVELOPER's ability to self -manage the project using its own employees. Any possible conflict of interest on
the part of the DEVELOPER or its employees shall be disclosed in writing to HHVS 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 moderate -income
residents of the project target area.
Exhibit E of the agreement is replaced with revised Exhibit E on following page
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 6 of 9
REVISED EXHIBIT "E"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200,500 requires Collier County to monitor subfeapients of federal awards to determine K
subrecipients are compliant with established audit requirements, Accordingly, Collier County requires that all
appropriate documentation Is provided regarding your organizations 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, Jh@ determination of amounts of Federal awards expended shall be in accordance with Guidelines
established by OMB Circular A-133, for fiscal years beolnnino before December 26, 2014, and established by 2
CFR Pad 200, Subpart F — Audit Recuiremenls, for fiscal years beainnina on or after December 26, 2014. This
form may be used to monitor Florida Sinole Audit Act (Statute 215.97) reGulremente.
Subreciplent
Youth Haven
Name
First Date of Fiscal Year MMfD
Last Date of Fiscal Year MMNDIYY
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 it applicable
A. The FederaUState expenditure threshold for our fiscal year ending as indicated above has been
❑
met and a Circular A-133 or 2 CFR Pad 200, Subpart F Single Audit 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 requiremems of OMB Circular X133 or 2 CFR Pad 200. Subpart F
because we:
❑
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
[] Are a for-profil organization
❑ Are exempt for other reasons -explain
An audited financial statement is attached and d 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 wrtten response provided within the audit reports. 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 Im mented-
Certirication Statement
I hereby certify that the above irdarmation is true and accurale.
Signature
Date
Print Name and Title
06/15
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #5 Page 7 of 9
EXR BIT f1F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
40. 2 CFR 200 et sea - Uniform Administrative Requirements Cost Principles and Audit
requirements for Grants and Agreements.
41.
controls, and maintain necessary source documentation for all costs incurred These requirements are
enumerated in 2 CFR 200 et sea.
42. Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to the
County nine (9) months after the end of the DEVELOPER'S fiscal year. The DEVELOPER shall
receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an
audit after such closeout http://www.whitehouse.izov/omb/circulars/al33 compliance supplement 2011
Signature page to follow
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date first written above.
ATTEST BO OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
DWIGHT E *QCK, CLERK Fl*,A
B
;Depu,lerlc-� DONNAFIALA, CHAIRMAN
Y y!
Attest as to Ch,
signature only,
Big Cypress Housing Corporation (EN13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment 85 Page 8 of 9
Approved in absentia per Resolution
No. 2000-149 on July 016
RV. G....... t<� G �.
ger
Big Cypress Housing Corporation
M
Signature
DEVELOPER Name and
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attotn ,A\ \(P
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#5 Page 9 of 9
FAIN# M -06 -UC -12-0217
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
M -14 -UC -12-0217
M -15 -UC -12-0217
Federal Award Dates Est. 10/2013
Federal Award Agency: HUD
CFDA Name: HOME
CFDA/CSFA#: 14.239
Total Amount of Federal FundsAwarded:
$2,164,755.40
Subrecipient Name: Big Cypress Housing
Corporation CHC
DUNS # - 0647232520
FEIN # - 65-1067124
R&D - No
Indirect Cost Rate - No
Period of Performance: 10/22/13
nnn� i�o01/31/2017
FY End 12/31
Monitoring Deadline 06/20367
SIXTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AMENDMENT is made and entered into this day of ,l <' -_A_ , 2016, 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, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing
Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal office at 19308 SW 380a` Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on,October 22, 2013 the COUNTY entered into an Agreement using HOME Investment
Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a
minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox
Street in Immokalee, Florida.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#6 Page 1 of 3
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to amend
milestones and contract language to this Agreement; and
WHEREAS, on September 9, 2014, Item 16D13, the COUNTY approved the second amendment to
extend end date and modify milestones to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to
increase the number of units to 18 and add additional funds to this Agreement; and
WHEREAS, on December 8, 2015, Item 16D4, the COUNTY approved the fourth amendment to
increase funding to this Agreement; and
WHEREAS, on July 26, 2016, in abstensia, Item 113, and ratified on September 13, 2016, Item 16F1,
the COUNTY approved the fifth amendment to address changes to incorporate grantor regulatory changes to
this Agreement; and
WHEREAS, the Parties desire to amend the Agreement to extend project completion date and amend
milestone deadline dates.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend
the Agreement as follows:
Words Struek-Tllffeugh are deleted; Words Underlined are added
H. PERIOD OF PERFORMANCE
Services of the DEVELOPER shall start on the 22°a day of October, 2013 and end on the 30t' day e
8eteber; 391631x` day of January, 2017. Construction activities shall be completed by 20167 and the
affordability period shall cease in 20367. The term of this Agreement and the provisions herein may be
extended by amendment to cover any additional time period during which the DEVELOPER remains in
control of HOME funds or other HOME assets, including program income.
III. AGREEMENT AMOUNT
Milestone
Anticipated Deadline
Environmental Scope Review by County
10/2014
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
12/2014
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #6 Page 2 of 3
■
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one of
the eighteen units -failure to accomplish this task may
08/15/16
result in the subrecipient being required to repay
$371,260.57 of CDBG/DRI funds that were previously
invested in the project
Construction of all 18 units complete
S4 --r"01/31/17
Lease agreement complete for one of the eighteen units
8843/1609/01/16
Lease Agreements Complete for the remaining
89f291 60 1 2/3 1/1 7
seventeen units
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date first written above.
BOAOF
By: b COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLO
ONNA FIALA , CHAIRMAN
Date:
T
Big Cypress Housing Corporation
BY_
EVEL PER Sign re
Steve Kirk. President
DEVELOPER Name and Title
Date:
Approved as to form and legality:
Jennifer A. Belpedio �\
Assistant County Attorney �%IN
a
Big Cypress Housing Corporation (HM13.03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#6 Page 3 of 3
FAIN# M -06 -UC -12-0217
M -08 -UC -12-0217
M -09 -UC -12-0217
M -10 -UC -12-0217
M -11 -UC -12-0217
M -12 -UC -12-0217
M -13 -UC -12-0217
M -14 -UC -12-0217
M -15 -ITC -12-0217
M -16 -ITC -12-0217
Federal Award Dates Est. 10/2013
Federal Award Agency: HUD
CFDA Name: HOME
CFDA/CSFA#: 14.239
Total Amount of Federal FundsAwarded:
$2,164,755.-40$2 224 755.40
Subrecipient Name: Big Cypress Housing
Corporation CHC)
DUNS # - 064723252
FEIN # - 65-1067124
R&D - No
Indirect Cost Rate - No
Period of Performance: 10/22/13-
0' )T'�,�4A 10/22//2017
FY End 12/31
Monitoring Deadline 06/2037
SEVENTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AMENDMENT is made and entered into this J'�&— day of -L 2e , 2016, 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, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing
Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal office at 19308 SW 380s' Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment
Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a
minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox
Street in Immokalee, Florida.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment 47 Page 1 of 9
CAA)
WHEREAS, on May 13, 2014, Item 16D13, the COUN'T'Y approved the first amendment to amend
milestones and contract language to this Agreement; and
WHEREAS, on September 9, 2014, Item 161313, the COUN'T'Y approved the second amendment to
extend end date and modify milestones to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to
increase the number of units to 18 and add additional funds to this Agreement; and
WHEREAS, on December 8, 2015, Item 16D4, the COUNTY approved the fourth amendment to
increase funding to this Agreement; and
WHEREAS, on July 26, 2016, in abstensia, Item l IB, and ratified on September 13, 2016, Item 16F1,
the COUNTY approved the fifth amendment to address changes to incorporate grantor regulatory changes to
this Agreement; and
WHEREAS, on October 11, 2016, Item 16137, the COUNTY approved the sixth amendment to extend
completion date and amend milestones deadline dates; and
WHEREAS, the Patties desire to amend the Agreement to increase funding amount, extend project
completion date and amend milestone deadline dates.
NOW, TREREF+ORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend
the Agreement as follows:
Words Stme1hrough are deleted; Words Underlined are added
IL PERIOD OF PERFORMANCE
Services of the DEVELOPER shall start on the 221d day of October, 2013 and end on the -W -day -of
W October 22,_2017. Construction activities shall be completed by 2017 and the
affordability period shall cease in 2037. The term of this Agreement and the provisions herein may be
extended by amendment to cover any additional time period during which the DEVELOPER remains in
control of HOME funds or other HOME assets, including program income.
Iii. AGREEMENT AMOUNT
i .: • ICY . � , „. - . , - a ,u • . • . �_ ..� i, u r _ �zavrrv�rr�r�tj
Big Cypress Housing Corporation (HM13.03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#7 Page 2 of 9
THOUSAND SEVEN HUNDRD FIFTY FWE DOLLARS AND FO TynLR.i-r8 ft i c,�,,,,,�n ,�T�cc_nn�TW0
MILLION TWO HUNDRED TWENTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS
AND FORTY CENTS ($2,224,755.40) of HOME Grant funds for the use by the DEVELOPER during the Term
of the Agreement (hereinafter, the aforestated amount including without limitation, any additional amounts
included thereto as a result of a subrecipient amendment(s) to the Agreement, shall be referred to as the
"Funds"). The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed
AND FORTY CENTS($2,224,755.40)
The budget identified for the Rental Housing Construction Project shall as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project
V499;74 -54D 2,159,755.40
consisting of a minimum of Eighteen (18)Single
Family Rental Housing Construction,perimeter fencing
and associated development costs; including, but not
limited to, construction; temporary and permanent
signage; site maintenance activities; public bid
advertisements; architectural fees; project
engineering; closing costs; soil and other construction
testing; surveys, plans processing consultant; building
permits, certificates of occupancy and inspection fees;
impact and utility connection fees; fair housing
advertisements and other marketing materials; subject
property general liability insurance during
development and builder's risk insurance, im act fees
and other related construction/developmentfees.
Project Component Two: Developer Fee
$ 65,000.00
Total Project Expenses: :T7
*$2,164,'x-40$2,224,755,40
The following table details the project deliverables and payment schedule:
Milestone Anticipated Deadline
Environmental Scope Review by County 10(2014
Big Cypress Housing Corporation (FIM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #7 Page 3 of 9
J�
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
Land Acquisition
1212014
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
0312015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one of
the eighteen units-failure to accomplish this task may
result in the subrecipient being required to repay
$371,260.57 of CDBG/DRI funds that were previously
invested in the project
08/15/16
Construction of all 18 units complete
0144 J0/3l/2017
Lease agreement complete for one of the eighteen units
09/01/2016
Lease Agreements Complete for the remaining
seventeen units
"" RI/31/2017
ound
Construction compete of perimeter fencin around
10/22/2017
roe
Exhibit D Quarterly Progress Report, is hereby deleted and replaced as attached
IV. 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: JodyPaley, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto: iodypaleya,Colliergov.net
239-252-2903
DEVELOPER. ATTENTION: Steve Kirk, President
Big Cypress Housing Corporation
P.O. Box 343529
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #7 Page 4 of 9
Cat:
Florida City, FL 33034
mailto:mailtokirknet@yghoo corn
305-242-2142
Signature page to follow
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#7 Page 5 of 9
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date fast written above.
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIJ% A r
• 11>�/rJ�Y i!
1ONNA FIALA, CHAIRMAN
Date: f € )
Big Cypress Housing Corporation
By;--
DEVEL /PER Sig1 attire
Steve Kirk, President
DEVELOPER Name and Title
Date:
Approved as to form and legality:
Jenn . Belpedio v
Assistant County Attoi -
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #7 Page 6 of 9
�3D
FIMM
Sub -recipients: Please fill in the following shaded areas of the report
Agency Name: Big Cypress Housing Corporation (BCHC) Date
Project Title: Single Family Rental HousingConstruction
Alternate
Program Contact: Steve Kirk, President Contact:
Telephone Number: (305)242 2142
*REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period): [11131/4417 -" ❑ 4/3014417 j ❑7/31/4417 ❑ 1013114417 ❑
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of September 22, 2013.
Please list the outcome goal(s) from your approved application & sub recipient agreement and indicate your progress in meeting those
goals since September 22, 2013.
A. Outcome Goals:
&s
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #7 Page 7 of 9
I
6. ha s.the:totatntitnb.$r�otilPiP.U.....irA..;Ep:'ackents?;eryed:Oris.gtiariar, IfapPiicabie2.....i::.
a. Total No, of adult females served:Total No. of females served under 18:
b. Total No, of adult males served: Total No, of males served under 18:
TOTAL: 0 TOTAL: 0
a,
r 6.
a Total number of adult females served:Total number of females served under 18;
b. Total number of adult males served: Total number of males served or 18:
TOTAL: O TOTAL: 0
c. Total No. of tam Was served: Total No, of female heed of household;
Complete EITHER nuestion#70R #8. Complete question #71f your program only serves clients in one or more of the listed HUD Presumed
Benefit categories, Complete question ff9 if any client In your program does not fell Into a Presumed Benefit category.
CO NOT COMPLETE BOTH QUESTfON 7 AND 8.
7. JAW6MP.BENEFICIARY:'DATA::t;<tl:�:::,;.:.r.:;:;'. ` •.c2''.!8 `,:�: �:.c .....:.:.......::..�c:yr.:: ::r:'�::a:: x:.tib:�(9�aid,:
6 .,.:..:.. ...�. •.:..•:::. ... .. O.T.F.IER.$E.NEFIQJMY;RATAiaNC011tl6A.Rl�NGB'::,:r:, �r:`aicffti.':at�:;�.::>,��?:
Indicate the total number of UNDUPLICATED Indicate the total number of IINDUPLlCATED persons
persona served sloes October 1 who fall into served since October 1 who fall into each income
should equelfhe tom!/n questitionon##6):
each presumed benefit category (the iota! category(the totalshouldoqualthe fotafin question#6):
Report as: Report as;
Abused Children Extremely low income (0-30%)
Homeleae Person Low Income (31-60%)
Battered Spouses Moderate Income
Persona w/ HIV/AIDS lAbove Moderate Income
ElderN Persons
'/ Maritally III
Disabled Adults
TOTAL: 0 TOTAL: 0
e. Rac)ei'tf."Ettinld'Data?�>Ct.;iiirl¢S'x';i":Ct'(IfaodYioalilelr;?rr;:r'q?i:ierc?
Please Indicate how many UNDUPLICATED clients served since October fall Into each race category. in addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Black/Ahioan
American Indian/Alaska N
Native Hawallan/Other Pacific Isle
American Indian/Alaskan Native & V
BlaektAfrtoan American & V
Am, Indlan/Alaska Native & Black/Anican
Other
TOTAL: O
Name:
Title:
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment#7 Page 9 of 9
ofwhom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
;of whom, how many are Hispanic?
;of whom, how many are Hispanic?
ofwhom, how many are Hispanic?
ofwhom, how many are Hispanic?
ofwhom, how many are Hispanic?
ofwhom, how many are Hispanic?
ofwhom, how many are Hispanic?
0 TOTALHISPANIC
Signature;
our typed name here represents your a ea ron c
signature
T
FAIN# M-06-UC-12-0217
M-08-UC-12-0217
M-09-UC-12-0217
M-10-UC-12-0217
M-11-UC-12-0217
M-12-UC-12-0217
M-13-UC-12-0217
M-14-UC-12-0217
M-15-UC-12-0217
M-16-UC-12-0217
Federal Award Dates Est. 10/2013
Federal Award Agency: HUD
CFDA Name: HOME
CFDA/CSFA#: 14.239
Total Amount of Federal FundsAwarded:
$212249,155-40 $2.,164,755.40
Subrecipient Name: Big Cypress Housing
Cor oration CHC
DUNS # - 064723252
FEIN # - 65-1067124
R&D - No
Indirect Cost Rate - No
Period of Performance: 10/22/13—' nim, inn,
10/22/2017
FY End 12/31
LMonitoring Deadline 06/2037
EIGHTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AMENDMENT is made and entered into this day of , 2017, 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, Naples FL 34112, and the "DEVELOPER", "Big Cypress Housing
Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal office at 19308 SW 380" Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME Investment
Partnerships (HOME) Program funds for the a new construction of Multi -Family Project consisting of a
minimum of ten (10) single family rental housing construction at Hatcher's Preserve located at 3180 Westclox
Street in Immokalee, Florida.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 1 of 11
WHEREAS, on May 13, 2014, Item 16D 13, the COUNTY approved the first amendment to amend
milestones and contract language to this Agreement; and
WHEREAS, on September 9, 2014, Item 16D 13, the COUNTY approved the second amendment to
extend end date and modify milestones to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment to
increase the number of units to 18 and add additional funds to this Agreement; and
WHEREAS, on December 8, 2015, Item 16D4, the COUNTY approved the fourth amendment to
increase funding to this Agreement; and
WHEREAS, on July 26, 2016, in abstensia, Item 11 B, and ratified on September 13, 2016, Item 16F 1,
the COUNTY approved the fifth amendment to address changes to incorporate grantor regulatory changes to
this Agreement; and
WHEREAS, on October 11, 2016, Item 16D7, the COUNTY approved the sixth amendment to extend
completion date and amend milestones deadline dates; and
WHEREAS, on December 13, 2016, Item 16D11, the COUNTY approved the seventh amendment to
extend completion date, add additional funds to complete fencing and amend milestones deadline dates; and
WHEREAS, the Parties desire to amend the Agreement to decrease the funding amount, and amend
milestone deadline dates.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend
the Agreement as follows:
Words StFuek ThFOugh are deleted; Words Underlined are added
III. AGREEMENT AMOUNT
The COUNTY agrees to make available at least
TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS
AND FORTY CENTS ($2,164,755.40) of HOME Grant funds for the use by the DEVELOPER during the Term
of the Agreement (hereinafter, the aforestated amount including without limitation, any additional amounts
included thereto as a result of a subrecipient amendment(s) to the Agreement, shall be referred to as the
"Funds"). The DEVELOPER shall be reimbursed by the COUNTY using HUD funding for allowable costs,
determined by COUNTY, in an amount not to exceed TWO Mir T ION TWO H NDP ED
�T VENTY
FOU
T14O SAND SEVEN HUNDRED FWTV FIVE
TOTDADCAND FORTY CENTS ($2,224,755.40)c�nn7mr�
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 2 of 11
TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS
AND FORTY CENTS ($2,164,755.40).
The budget identified for the Rental Housing Construction Project shall as follows:
Line Item Description
HOME Funds
Project Component One: Multi -Family Project
$2,159 ,''��.An$2,099,755.40
consisting of a minimum of Eighteen (18)Single
Family Rental Housing Construction,p '
and associated development costs; including, but not
limited to, construction; temporary and permanent
signage; site maintenance activities; public bid
advertisements; architectural fees; project
engineering; closing costs; soil and other construction
testing; surveys; plans processing consultant; building
permits, certificates of occupancy and inspection fees;
impact and utility connection fees; fair housing
advertisements and other marketing materials; subject
property general liability insurance during
development and builder's risk insurance, impact fees
and other related construction/development fees.
Project Component Two: Developer Fee: $3,611.11
$ 65,000.00
per property address
Total Proiect Expenses:
�'A_W,�c�,AO$2,164,755.40
The following table details the project deliverables and payment schedule:
Deliverable Payment and/or Deliverable Submission Schedule for
Supporting Documents Payment and/or
Deliverable
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 3 of 11
Project Component One: Upon invoicing using Exhibit B will reimburse Payment Request: Monthly
Single Family Rental allowable expenses on AIA G702-1992 form
Housing Construction (attached as Exhibit "G") or equivalent
document per contractor's Schedule of Values.
Supporting documents must to be provided as
back up when construction activities are
invoiced
10% ($209,975.54) of total HOME funds
expended for construction will be released
upon Certificate of Completion of 18 units,
final waiver of lien from general contractor
Project Component Two:
Upon invoicing using Exhibit B and Developer
Payment Request: Per
Developer Fee
Fee documentation in accordance with Exhibit
occurrence
H
geraut 1 signed lease t wM
ineeme qualified eligible tenant.
HOME Match Requirement
Documentation of developer activities. Match
Deliverable: Quarterly, as
is being met by the County however any
identified
additional activies not paid for by federal
sources are encouraged to be submitted
Deliverable: Ongoing and
Creation and maintenance of
N/A
income eligibility files on
to be reviewed during
clients served
monitoring
EIghteen households will
N/A
Deliverable: Ongoing and
benefit from this funding and
evidenced by lease
will be low- and moderate-
agreement
income persons
Eight (14) at High HOME
rents and two (4) at Low
HOME rents
Quarterly Progress Report
Exhibit D
Deliverable: Quarterly
Proof of Insurance
Insurance certificate
Deliverable: Annually
within 30 days of renewal
Affirmative
Plan Documents
Deliverable: Within 30
Action/Marketing Plan
days of contract execution
and as modified
HQS Inspections
Inspection Forms
Deliverable: Afmua4on
or before 11/3 0 for each
rental unit
Tenant Leases
Signed Leases
Deliverable: 30 days
following pfiof! to
occu anc
Tenant Participation Plan
Plan Document
Deliverable: 60 days prior
to leasing
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 4 of 11
Annual Audit Audit Report with Management Letter and
Exhibit E
Property Inventory I Proof of continued ownership/management of
Deliverable: 180 days after
end of fiscal year or 9
months based on audit
Deliverable: 11/30 annually
following close out
Milestone
Anticipated Deadline
Environmental Scope Review by County
10/2014
Environmental approved by HUD
12/2014
Environmental Review Published and NTP Issued
11/2014
Design work complete
2/2015
.Land Acquisition
12/2014
Building Plans submitted & Reviewed by County
01/2015
Bid selection made
03/2015
Contract signed/Awarded/NTP issued
05/2015
Construction complete or near completion for one of
the eighteen units -failure to accomplish this task may
result in the subrecipient being required to repay
$371,260.57 of CDBG/DRI funds that were previously
invested in the project
08/15/16
Construction of all 18 units complete
01/34710/15/2017
Lease agreement complete for one of the eighteen units
09/01/2016
Lease Agreements Complete for the remaining
seventeen units within 18 months of unit certificate of
occupancy
1/31/2017-9/30/18
Exhibit D Quarterly Progress Report, and Exhibit H, is hereby deleted and replaced as attached
IV. 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.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 5 of 11
COLLIER COUNTY ATTENTION: ,Frank Ellis Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto: t FrankEllis(c�colliergov.net
239-252-29035312
DEVELOPER ATTENTION: Steve Kirk, President
Big Cypress Housing Corporation
P.O. Box 343529
Florida City, FL 33034
mailto:mailtokirknet ,yahoo.com
305-242-2142
Signature page to follow
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 6 of 11
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
, Deputy Clerk
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
Penny Taylor, CHAIRMAN
Date:
Big Cypress Housing Corporation
0
DEVELOPER Signature
Steve Kirk, President
DEVELOPER Name and Title
Date:
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
\o1a
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 7 of 11
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub -recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Program Contact:
Telephone Number a
*REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period):
Date:
Alternate
Contact:
`_11 11. s
k
f
� v s
NE
a=
❑ 1/31/x-417
❑ 4/30/4417, ❑7131/417fti ❑ 10/31/4417
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of October 22, 2013.
1.
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 8 of 11
B. Goal Progress: Indicate the progress to date in
each outcome aoal.
2.
3.
Yes
If no, explain:
No
a. gn
...now have new access (continuing) to this service or benefit?
b.
... now has improved access to this service or benefit?
C. ... now receive a service or benefit that is no longer substandard?
TOTAL: 0
4.
Section 108 Loan Guarantee>t
5
HOPWA
Other Consolidated Plan Funds;rt>F,=,>:<
...":.�:5'�� 3::'s:£;n:.'y�.utt%<�r'.f%':`�?���t:h�r''y.ToF%�^"^^�"`r'nl:'
:,r;v,_4
CDBG
Other Federal Fundst
ESG
State / Local Funds
a „'r €yE 4.,, a•,•
HOME
Total
$ Entitlement $
Total Other Funds - Funds -
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 9 of 11
s. [W11*01:4 thy, total nt�mlier+c�f Ui�il UPl.lO% Tl ql cllettt s erm�a i Citi$ qu irter, ll` pt�li
a. Total No. of adult females served:
:Total No. of females served under 18:t.;
<ix
b. Total No. of adult males served:s <a
; k Total No. of males served under 18:y
TOTAL: 0 TOTAL: 0
C. Total No. off #<f`'=F'sr`ay t
families served: - -
Total No. of female head of household: 1
6. What+is tha ltc�t�1 r1omM�asr 1 #il�lillit 1rt l[+�l"M ICr1 .��.. _...' . -- :_ .. _ L --
a. Total number of adult females served:Total number of females served under 18: ¢ F
b. Total number of adult males served s f„ ;Total number of males served under 18: 1rix{ t-
TOTAL: 0
TOTAL: 0
y s . f5£.s4W3Pyb
}'EM
C. Total No. of families served:# Total No. of female head of household: f>
Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client in your program
does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8
7. :.
SR • t»►TiER BE1+JEICiAIY'IArA III~iCtllllEI<
Indicate the total number of UNDUPLICATED
persons served since October 1 who fall into
Indicate the total number of UNDUPLICATED persons
each presumed benefit category (the total
served since October 1 who fall into each income
should equal the total in question #6) :
category (the total should equal the total in question #6) :
Report as:
Report as:
I° fi Abused Children
F Extremely low Income (0-30%)
Homeless Person
OF 10,01"!LowIncome (31-50%)
3 Battered Spouses
e s Moderate Income (51-80%)
Persons w/ HIV/AIDS;
Above Moderate Income (>80%)
F Elderly Persons
' � s✓s s �s
Veterans
>:Chronically/ Mentally ill
k
Physically Disabled Adults
Other -Youth
TOTAL: 0
TOTAL: 0
e. R>IICiB{' thiel i i ar if lic ble"
'77
Please indicate how many UNDUPLICATED
clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE
ETHNICITY
F sty i.. -
White {
j�, w
; of hom, how many are Hispanic?
Black/African American
.
." k of whom, how many are Hispanic?
;.#
Asian
fi
f .. F , of whom, how many are Hispanic?
a k':.:
American Indian/Alaska Native ,3; sk 3K
*� f,� � ��
$�F 'Y
f
k�£ � of whom, how many are Hispanic?
f f
Native Hawaiian/Other Pacific Islander `r.
z
of whom, how many are Hispanic?
American Indian/Alaskan Native & White y;'=: _--x:nr<
.;
F...:,<a of whom ho
+` tts;<< w many are Hispanic?
Black/African American & White
man
of whom, how Hispanic?
Y are panic
Am. Indian/Alaska Native & Black/African Am
of whom, how many are Hispanic?
Other Multi -racial
of whom, how many are Hispanic?
Other
of whom, how many are Hispanic?
TOTAL: 0
0 TOTAL HISPANIC
Name: Signature:
Title: our typed name here represents your electronic
signature
Big Cypress Housing Corporation (HM 13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 10 of 11
EXHIBIT "H"
DEVELOPER
• Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer -led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(1). New housing construction is undertaken pursuant
to 24 CFR 570.204, or as amended.
GENERAL
• Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily limited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer fee.
AMOUNT
Grantee shall pay Developer Sixty Five Thousand Dollars and 00/100 in Developer fees for
eighteen (18) properties associated with this Agreement in the amount of $3,611.11 each.This
amount represents a cumulative of $65,000 Developer fees paid for eaeh all of the properties
associated with this Agreement.
METHOD OF PAYMENT
o Grantee shall pay Developer the Developer fee per property upon lease to an income -
eligible person or household. In the event that the requirements are not met for any
individusl property address the developer fee will be paid for all properties that have met
the requirements. To secure payment, Developer shall submit to Grantee the following
supporting materials in a format acceptable to Grantee.
o Lease Agreement
o Tenant Income Certification Form
o Invoice
o Attestation form to be provided by Grantee
reef e f to am4 mneme eligibility
lig bilit i
V 1 1VV1 V1 I.Vi
Big Cypress Housing Corporation (HM13-03)
Multi -Family Project 18 for Single Family Rental Housing Construction
Amendment #8 Page 11 of 11