Agenda 12/09/2014 Item #16D 3 12/9/2014 16.D.3.
EXECUTIVE SUMMARY
Recommendation to approve First Amendment to Agreement with Big Cypress Housing
Corporation for the Community Development Block Grant Site Improvements Project to extend
the completion date, and update language.
OBJECTIVE: To extend the project completion date and update language to provide the
subrecipient additional time to complete the project.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for programming and
infrastructure.
On December 10, 2013, the Board approved the CDBG subrecipient agreement with the Big Cypress
Housing Corporation (BCHC) for the Site Improvement Project (Item 16D15). Big Cypress Housing
Corporation is the recipient of multiple grant awards with Community and Human Services including
Home Investment Partnership Program (HOME), CDBG, and the Florida Department of Economic
Opportunity (DEO)towards the development of Hatchers Preserve in Immokalee, FL. Amendment No. 2
to the HOME agreement was approved on September 9, 2014(Item 16D13)granting an extension. BCHC
requests amendment of the CDBG agreement to make the end date consistent for each grant.
The subrecipient has experienced difficulty in gaining the environmental clearance due in part to FEMA
Map revisions that previously impacted Collier County and which required a map amendment. This
clearance is required prior to land acquisition and public advertisement for bids. By extending the end
date; the additional time will enable the completion of the federally required environmental review and
will also allow for site improvements to be completed at the front and back end, and which would be
consistent with the other contracts for this project.
First Amendment to the Agreement provides for the following changes:
1. Extends the completion date from December 31, 2014 to April 30, 2016 in Section II Time of
Performance; and
2. Adds language to clarify deliverables to satisfy federal and local compliance requirements in
Section III Agreement Amount and allows the County Manager to approve extensions. It also
updates language in the Corrective Action section to satisfy a local and federal compliance
requirement enforcing Resolution No. 2013-228. Community and Human Services has adopted
an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity
receiving grant funds that has also been included in this section.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. The funding source for the grant award is the Community Development Block Grant (CDBG)
Program. The grant award for this project is $74,718.00. It is budgeted in the Housing Grants Fund (121)
for Project No. 34510 (CDBG Grants).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
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RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign the First Amendment to the Big Cypress Housing Corporation Agreement for the
CDBG Site Improvements Project in order to extend the completion date and update language.
Prepared By: Rosa Munoz, Grant Coordinator; Community and Human Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.3.
Item Summary: Recommendation to approve First Amendment to Agreement with Big
Cypress Housing Corporation for the Community Development Block Grant Site Improvements
Project to extend the completion date, and update language.
Meeting Date: 12/9/2014
Prepared By
Name: MunozRosa
Title: Grants Coordinator, Community&Human Services
10/21/2014 8:54:39 AM
Submitted by
Title: Grants Coordinator, Community&Human Services
Name: MunozRosa
10/21/2014 8:54:41 AM
Approved By
Name: MesaNancy
Title: Accountant, Community &Human Services
Date: 10/24/2014 9:17:12 AM
Name: GrantKimberley
Title: Director-Housing, Human and Veteran S, Community &Human Services
Date: 10/27/2014 10:51:25 AM
Name: Bendisa Marku
Title: Supervisor-Accounting, Community &Human Services
Date: 10/28/2014 8:54:20 AM
Name: MagonGeoffrey
Title: Grants Coordinator,Community &Human Services
Date: 10/30/2014 11:56:04 AM
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Name: SonntagKristi
Title: Manager-Federal/State Grants Operation, Community &Human Services
Date: 11/3/2014 2:16:42 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 11/18/2014 3:03:03 PM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 11/18/2014 5:06:49 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/21/2014 8:45:35 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/21/2014 11:56:45 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/21/2014 3:58:27 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 11/26/2014 1:54:55 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2014 8:44:20 PM
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Grant#-B-04-UC-12-0016
CFDA/CSFA#- 14.218
DEVELOPER—Big Cypress Housing
Corporation (BCHC)
Agreement#CD13-05
DUNS#-0647232520
IDIS#-465
I FEID#-65-1067124
FY End 12/31
Monitoring Deadline 14/204-8 04/2021
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
This Amendment is made and entered into this day of , 2014, by
and between "The Big Cypress Housing Corporation", a private not-for-profit corporation existing
under the laws of the State of Florida, hereinafter referred to as DEVELOPER and Collier County,
Florida, hereinafter referred to as "COUNTY," collectively stated as the"Parties."
RECITALS
WHEREAS, on December 10, 2013, the COUNTY entered into an Agreement with Big Cypress
Housing Corporation for Community Development Block Grant Program funds to be used for the CDBG
Site Improvements Project(hereinafter referred to as the "Agreement"); and
WHEREAS, the Parties desire to amend the Agreement to extend the project completion date, and
include language to clarify federal compliance requirements of meeting a National Objective.
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 St are deleted; Words Underlined are added
* * *
* All references to HHVS or Housing, Human and Veteran Services throughout agreement shall now read
Community and Human Services (CHS)
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 10th day of December, 2013 and end on the 34-st
fia.)--of-Deeentberr 2-014 30th of April, 2016. The term of this Agreement and the provisions herein may
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(CD 13-05)
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be extended by amendment to cover any additional time period during which the DEVELOPER remains
in control of CDBG funds or other CDBG assets, including program income.
III. AGREEMENT AMOUNT
* * *
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 CDBG funds
until funds are needed for eligible costs, and all disbursement requests must be limited to the amount
needed at the time of request. Invoices for work performed are required every month. DEVELOPER
may expend funds only for allowable costs resulting from obligations incurred during the term 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 due 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 authorization from the Grant
Coordinator will not be reimbursed. The County Manager or designee may extend the term of this
Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the
agreement. The extension must be authorized in writing by formal letter to the DEVELOPER. 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 made 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:
.•Payment Deliverables
Deliverable Payment-Supporting Documents Submission Schedule _
Project Component One: Site Upon invoicing using Exhibit B will Submission of Monthly
Improvements Costs reimburse allowable expenses on AIA Invoices
Funding costs may include but not G702-1992 form or equivalent document
limited to the following site per contractor's schedule of values.
improvement expenses per schedule of Supporting documents must be provided
values: as back up.
Infrastructure, sidewalks, landscaping,
engineering, soil &other testing, utility Final 10% ($7,471.80) released upon
installation, utility connection, and fees, documentation completion of activities.
preserve and drainage maintenance, Supporting proof of payment documents
survey and project sign, liability must be provided as back up.
insurance, and permits
Project Deliverables
Deliverable Project-Deliverable Supporting Submission Schedule
Documents
Quarterly Reports Exhibit D Deliverable: Quarterly
until project completion
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and Annually thereafter
until 11/2018 04/2021
Proof of Insurance Insurance Certificate Deliverable: Annually
within 30 days of renewal
until 4/2021
Affirmative Action/Marketing Plan Plan Documents Deliverable: Within 30
days of contract execution
and as modified
Annual Audit Audit Report with Management Letter Deliverable: 6/30 annually
and Exhibit E until 4/2021
Affidavit of Continued Use Certification Document Annually through 11/2018
04/2021
Program Income Re-Use Plan Program Income Plan Document Annually through 11/2018
04/2021
The COUNTY will monitor the performance of the DEVELOPER based on goals and performance
standards as stated with all other applicable federal, state and local laws, regulations, and policies
governing the funds provided under this contract. 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
CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services
HHHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers,
or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as
follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will
require a corrective action plan be submitted to the Department within 15 days following the
monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be held
until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in
order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the
Department, the Department may require a portion of the awarded grant amount be returned to
the Department.
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o The County may require upwards of five percent (5%) of the acquisition amount be
returned to the Department, at the discretion of the Board of County Commissioners.
o The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that
was previously corrected, and has been informed by the Department of their substantial non-
compliance by certified mail; the Department may require a portion of the awarded grant
amount or the amount of the CDBG investment for acquisition of the properties conveyed, be
returned to the Department.
o The Department may require upwards of ten percent (10%) of the acquisition amount be
returned to the Department, at the discretion of the Board of County Commissioners.
o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-compliant,
the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County Commissioners to
immediately terminate the agreement or contract. The Entity will be required to repay all
funds disbursed by the County forjroiect that was terminated. This includes the amount
invested by the County for the initial acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Department and is found to be non-compliant,
the above sanctions may be imposed across all awards at the discretion of the Board of County
Commissioners.
* *
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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CND
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III
IN WITNESS WHEREOF,the DEVELOPER and the County, 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 COUNTY,FLORIDA
By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Dated:
(SEAL)
Big Cypress Housing Corporation
By:
DEVELOPER Signature
Steve Kirk, President
DEVELOPER Name and Title
Approved as to form and legality:
47
Jennifer A. Belpedio \
Assistant County Attorney
Big Cypress Housing Corp
(CD13-05)
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EXHIBIT "B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Big Cypress Housing Corporation(BCHC)
Sub recipient Address: P.O. Box 343529, Florida City, FL 33034
Project Name: Site Improvements
Project No: CD13-05 IDIS#465 Payment Request#
Total Payment minus Retainage: $0.00
Period of Availability: 11/12/ 13 11/11/11 12/10/13 —04/30/15 through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded $ 74,718.00
2. Sum of Past Claims Paid on this Account $
Total Grant Amount Awarded Less Sum
3. Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests (Minus Retainage) $
5. Amount of Today's Request $
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) (Includes Retainage) $
I certify that this request for payment has been Elrawn made in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the DEVELOPER. To the best of my
knowledge and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
(approval required $15,000 and above) (approval required $15,000 and above)
Big Cypress Housing Corp
(CD 13-05)
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