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Backup Documents 10/27/2020 Item #16D18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Lisa N. Carr Community and Human LNC 10/30/2020 Services 2. County Attorney Office County Attorney OfficeStal �l`i )2-02.0 3. BCC Office Board of County Commissioners I‘rz4. Minutes and Records Clerk of Court's Office It1X 10 :3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa N. Carr, Sr. Grant Coordinator, Phone Number 239-252-2339 Contact/ Department Community and Human Services Agenda Date Item was October 27, 2020 Agenda Item Number 16.D 18 Approved by the BCC Type of Document Recommendation to approve and Number of Original 6 Attached authorize the Chairman to sign two Documents Attached (2) State Housing Initiatives Partnership program agreement amendments between Collier County and (a) Habitat for Humanity of Collier County, Inc. and (b) Rural Neighborhoods Incorporated to increase funding, incorporate additional Local Housing Assistance Plan language and extend the performance period. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. ll __ (Initial) Applicable) 1. Does the document require the chairman's original signature? 5 TA Cl No 2. Does the document need to be sent to another agency for additional signatures? If yes, LNC provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LNC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 8. The document was approved by the BCC on 10/27/20 and all changes made during E D 18 the meeting have been incorporated in the attached document. The County ' j }� n,t-1° Attorney's Office has reviewed the changes,if applicable. /'�j op„i 9. Initials of attorney verifying that the attached document is the version approved by the (� `� oci �a'_BCC,all changes directed by the BCC have been made,and the document is ready for the " '^}'°pitok Chairman's signature. ity`z!" Instructions 1) Return signed originals to: Lisa N. Car Sr. Grants, Coordinator Collier County Government I Community and Human Services 3339 E. Tamiami Trail, Bldg. H, Suite 211 Naples, FL 34112 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 a 1 8 MEMORANDUM Date: November 3, 2020 To: Lisa Carr, Grant Coordinator Community and Human Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: 1st Amendment to Agreement #045-2020 w/Florida Housing Finance Corporation Attached are three originals of the document referenced above, (Item #16D16) approved by the Board of County Commissioners on Tuesday, October 27, 2020. Please return a fully executed original back to the Minutes & Records Department once signed by Florida Housing Finance Corp. for the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you Attachment 16018 Grant: SHIP LHAP FY 2016-2019 and 2019-2022 Activity: Homeownership Project: New Construction Assistance Sponsor: Habitat for Humanity of Collier County, Inc. Agreement#: SHCON18-001 CSFA#: 5240.901 DUNS#: 080676690 FEIN: 59-1834379 Fiscal Year: 2017-18-and 2019-2020 Monitoring End: 09/30/2020 09/30/2022_ FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY,INC. THIS AMENDMENT is made and entered into this a 7' day of OCADbe-r— 2020,by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or Grantee") and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "SPONSOR", a private for-profit corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS,the Fiscal Year 2016-2019 Local Housing Assistance Plan, as amended,was adopted by the Board of County Commissioners on April 26, 2016, Resolution No. 2016-75 and further amended; and WHEREAS, on October 23, 2018, Agenda Item 16.D.6, the County entered into an Agreement with Habitat for Humanity of Collier County, Inc. to administer the State Housing Initiatives Partnership (SHIP)New Construction Assistance program; and WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan, was adopted by the Board of County Commissioners on April 23, 2019, Resolution No 2019-109; and further amended; and WHEREAS,the parties wish to further amend the Agreement to add the required program set-a-side requirements, revise list for reimbursement requirements, increase the total funding amount and extend the twin of the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree to amend the Agreement as set forth below. Words Struck Theo gh are deleted; Words Underlined are added 14D18 II. SCOPE OF SERVICE The SPONSOR shall, in a satisfactory and proper manner, as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits A — B (New Construction Project Requirements and Budget Narrative), in accordance with the terms and conditions of Requests for Applications, New Construction Assistance, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2017-2018, 2019-2020 and SPONSOR's Applications dated April 10, 2018 and February 10, 2020. IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from October 23, 2018 through June 30,2020 2022 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit A(New Construction Project Requirements). This agreement must remain in effect throughout the development process of the Project and is terminated upon completion of construction and sale to a CHS referred applicant. Priority shall be given to approved households in accordance with the ranking set forth in the 2016-2019 LHAP and 2019-2022 LHAP. In any event, all services required hereunder shall be completed by the SPONSOR prior to June 30, 2020 December 27, 2020,pursuant to the contract extension granted by the County Manager on June 10, 2020 and June 30,2022 as amended in the First Amendment. Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. * * * V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount of construction assistance, for the use by the SPONSOR during the term of the Agreement, shall not exceed FOUR HUNDRED THOUSAND DOLLARS ($400,000) ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($1,350,000.00). The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Deliverable: Construction of 27 new $50,000.00 per housing unit housing units $400,000.00 TOTAL $1,350,000.00 in :•v 16018 EXHIBIT A NEW CONSTRUCTION PROJECT REQUIREMENTS * * e) Project Requirements: The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction a flood zone shall be satisfied. The SPONSOR shall develop and submit to CHS,within 60 days of contract execution, a construction schedule to include the following: TENTATIVE SCHEDULE(Adherence is not a condition of payment) Sites Identified/Site Due Diligence January,2019 December 2020 Property(ies)Under Conditional Contract March,2015 October 2021 Construction Commencement June, 2019 January,2021 Certificate of Occupancy Issued for all Newly April 1, 2020 April 30, 2022 Constructed Housing Units Project Completion Date June 30,202-1 2022 Further, "project completion date" will mean issuance of all certificates of occupancy and completion of sale to referred households. * * * g)Payment Documents: 1. Certificate of occupancy. 2. Pictures during construction and of finished housing unit. 3. Floor plan or unit specifications. 4. Final invoice. 5. Pay Request Form(Exhibit"E"). 6. Fully executed SHIP Note &Mortgage to Collier County. 7. Invoices and cancelled checks totaling a minimum of$50,000 in construction related expenses for each housing unit. h)Program Set-Asides: The SPONSOR must meet the following SHIP mandated,program set-aside requirements: A. A minimum of 30 percent of the funds must assist very low-income households. At the same time, 60 percent of all funds must assist very low and low-income persons. Although the SHIP statute mentions 30 percent for very low-income and another 30 percent for low-income persons,there are many combinations that ��a i6 D18 ' fulfill the set-aside requirement. Since the combination of very low or low-income persons must add up to 60 percent,this could be achieved with: • 30%very low-income PLUS 30% low-income • 45%very low-income PLUS 15% low-income • 60%very low-income PLUS 0% low-Income In all cases, at least 30%must be designated for very low-income households B. A minimum of 20 percent of funding must be used to serve persons with special needs as defined in& 420.0004 Florida Statutes. Section 420.9075(5) of the SHIP Statutes addresses the special needs set-aside. EXHIBIT B BUDGET NARRATIVE NEW CONSTRUCTION ASSISTANCE PROGRAM The total SHIP allocation to the SPONSOR for the New Construction Assistance Program shall not exceed FOUR HUNDRED THOUSAND DO r n v c ran nn nnn nn)_ ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($1,350,000.00). Uses of these funds are as follows: The Construction subsidy shall be disbursed in the following manner for the following uses: 1. Construction expenditure shall not exceed $50,000 per certificate of occupancy (CO) for each housing unit. 2. Funds to be disbursed upon submission of a proper Pay Request (Exhibit "E") and in accordance with Florida Prompt Payment Act. 3. Expenditure deadline is June 2022 and or as extended and approved by Florida Housing Finance Corporation. * * * EXHIBIT D REPORTS * * * Report Title Documentation Required Due Date SPONSOR Audit Audit report, Management Within 9 months for Single Letter and Exhibit G, as Audit(otherwise 180 days) applicable after the end of the SPONSOR fiscal year through 2019 20 16 018 2022 as applicable Progress Report Progress report, detailing 10 days after the end of the accomplishments Exhibit F calendar quarter until July 10, 2-020 2022 EXHIBIT "E" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Habitat for Humanity of Collier County,Inc. Sub recipient Address: 11145 Tamiami Trail East,Naples,FL 34113 Proj ect Name: New Construction Assistance Project No: SHCON18-001 Payment Request# Total Payment: Period of Availability: October 23, 2018 to June 30,2020 2022 The Agency has incurred the indebtedness listed below between and * * * REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 't , 16D18 '' IN WITNESS WHEREOF, the SPONSOR and the COUNTY, have each respectively, by authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CR TAL K. KIN L, CLERK COLLIER CO TY, FLORIDA By: -�C0),40" ,Deputy Clerk BU . SA DER , CHAIRMAN Date: 10 121 12 0 2 C) , l C�C��vv HABITAT FOR HUMANITY OF COLLIER Dated: J �/ COUNTY, INC. '.ti..." as to ana flfi I'$ By: ^"t ' ';t''°only, NIC AS J. KOULOHERAS,PRESIDENT )4• StI3r. Approved as to form and legality: Date: /17y,?& Jenni er A. Belpedio �\ Assistant County Attorney ck\a` Date: 1'0,;Z1 `2o'1.O Item# /`ODIS Agenda ��i l rat) Date (( [ate I► ,3 w Red Gcputy Clerk 16 D 1 8 Grant- SHIP FY 2014-2015, 2015-2016, and 2016-2017,-and 2017-2018, 19-20 and 2020-2021 Agreement# SHIP 00R2017-002 Activity: - Owner-Occupied Rehabilitation Program Sponsor: Rural Neighborhoods, Incorporated DUNS # - 605098438 FETI #-65-1238417 CSFA# - 52.901 for FY 14/15 and 40.901 for FY 15/16, 16/17, and-17/18, 19/20 and 20/21 THIRD AMENDMENT BETWEEN COLLIER COUNTY AND RURAL NEIGHBORHOODS, INCORPORATED THIS AMENDMENT is made and entered into this 2 7 lay of OcAbeir ,2020,by and between Collier County,a political subdivision of the State of Florida,("COUNTY" or Grantee")and Rural Neighborhoods,Incorporated,a private not-for-profit corporation existing under the laws of the State of Florida("SPONSOR"). WHEREAS, the Fiscal Year 2013-2016 Local Housing Assistance Plan, as amended, was adopted by the Board of County Commissioners on April 23, 2013,Resolution No 2013-94 and further amended; and WHEREAS,on June 27,2017,Agenda Item 16.D.11,the County entered into an Agreement with Rural Neighborhoods,Incorporated to administer the State Housing Initiatives Partnership(SHIP)Owner Occupied Rehabilitation Program; and WHEREAS, the Fiscal Year 2016-2019 Local Housing Assistance Plan, as amended, was adopted on April 26, 2016, Resolution 2016-75 and further amended; and WHEREAS, the Fiscal Year 2019-2022 Local Housing Assistance Plan, as amended, was adopted on April 23, 2019, Resolution 2019-109; and WHEREAS, on September 11, 2018, Agenda Item 16F1C, the County approved the First Amendment to Agreement to add provisions to allow reimbursement of third-party expenditures,included additional contract language and change reference from subrecipient to sponsor; and WHEREAS, on October 23, 2018, Agenda Item 16D5, the County approved the Second Amendment to Agreement to increase disaster funding in the amount $172,400; and WHEREAS, the Parties wish to further amend the Agreement to increase the total funding amount and extend the term of the Agreement. i 6 Di8 NOW,THEREFORE,in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Words Struck Through are deleted; Words Underlined are added II. SCOPE OF SERVICE The SPONSOR shall, in a satisfactory and proper manner as determined by the COUNTY, perform the necessary tasks to administer and implement the described services herein incorporated by reference as Exhibits B-C (Program Narrative and Budget Narrative) in accordance with the terms and conditions of Requests for Applications, Owner-Occupied Rehabilitation Projects, State Housing Initiatives Partnership Funding Cycle Fiscal Years 2014- 2015,2015-2016,2016-2017,and 2017-18,2019-2020 and 2020-2021 SPONSOR's Application dated May 4, 2017. * * IV. PERIOD OF PERFORMANCE This Agreement shall be in effect from June 27, 2017 through June 30, 2-020, 2023 and all services required hereunder shall be completed in accordance with the schedule set forth in Exhibit C (Budget Narrative). In any event, all services required hereunder shall be completed by the SPONSOR prior to December 27,2020,pursuant to the contract extension granted by the County Manager on June 10,2020 and June 30,2023 as amended in the First Amendment.Any funds not obligated by the expiration date of this Agreement shall automatically revert to COUNTY. V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for the use by the SPONSOR during the term of the Agreement shall not exceed-Seven-Hundred , • Nine Hundred Forty Seven Thousand Four Hundred Dollars and 00/100 ($947,400.00). The budget identified for the Project shall be as follows: Line Item Description SHIP Funds Project Component One: Rehabilitation to owner- $690,160 $856,350.48 occupied units. (Maximum per unit in accordance with LHAP) Project Component Two: Project Delivery Fee $77,240.00 *not to exceed (maximum of 10%per total project cost FYs 2014- for each grant year 2015, 2015-2016, 2016-2017 and 2017-2018) 16D18 Project Delivery Fee (maximum of 5% per total project cost for FY 19-20 and FY 2020-2021) $8,309.52 $10,000.00*not to exceed foreach grant year Project Component Three: Inspection for non- $5,000.00 $5,500.00 eligible properties (maximum $250.00) TOTAL $600,880.00$947,400.00_ Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Funds may be shifted between project components to allow for the maximum number of units to be rehabilitated. * * * REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the SPONSOR and the County, have each, respectively, by an 1 6 U 1 8 authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER TY, FLO A keiCe? — -0-a%&41441kk, ,ACC By: Attest as to£h irman's Deputy Clerk BURT L. SAUNDERS, CHAIRMAN signature'only. Date: 10 I Z11 'Z.JJ2 G t 1RURAL NEIGHBORHOODS,INCORPORATED Dated: ` lefoo (SEAL) _ By: ST E KIR , PRESIDENT Date: /D7612° Approved as to form and legality: aaa Jenni A. Belpedio \� Assistant County Attorney g p�1 Date: 10\n \-1.0 2 V i 6 0 1 8 EXHIBIT C BUDGET NARRATIVE OWNER OCCUPIED REHABILITATION PROGRAM The total SHIP allocation to SPONSOR for the Owner-Occupied Rehabilitation Program shall not exceed c H a a c T T'' a ' Fo a„ndre D l ($772 J 0-9- 0)-Nine Hundred Forty Seven Thousand Four Hundred Dollars and 00/100 ($947,400.00). Sources for these funds are as follows: Fiscal Year Project Inspection for Rehab Fund Total Delivery Non-Eligible 2014-2015 $14,000.00* $1,250.00 $124,750.00 $140,000.00** 2015-2016 $20,000.00* $1,250.00 $178,750.00 $200,000.00** 2016-2017 $26,000.00* $1,250.00 $232,750.00 $260,000.00** 2017-2018 $17,240.00* $1,250.00 $153,910.00 $172,400.00** 2019-2020 $4,719.43* $283.98 $94,388.49 $99,391.90** 2020-2021 $3,590.09* $216.02 $71,801.99 $75,608.10** Totem Funds $77,240.00 $53-000.00 $690460,00 $772,400.00 Total Funds $85,549.52 $5,500.00 $856,350.48 $947,400.00 *maximum project delivery ** expenditure deadline for 14/15 is June 2018, 15/16 is June 2018, and 16/17 is June 2019, 17/18 is June 2020, 19/20 is June 2022 and 20/21 is June 2023 or as extended and approved by Florida Housing Finance Corporation. Funds may be shifted between project delivery, inspection for non-eligible and rehab to allow for the maximum amount of funds to be expended. A housing unit may be split between FY funding allocations. Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Maximum rehabilitation funding per unit is in accordance to the LHAP. 16 018 2. A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party, of 10% of the rehabilitation cost shall be paid for each completed unit for FY's 2014-2015, 2015-2016,2016-2017 and 2017-2018. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. 3. A project delivery fee, to complete program management and other project compliance activities conducted by staff or contracted party,of 5%of the rehabilitation cost shall be paid for each completed unit for FY's 2019-2020 and FY 2020-2021.Associated work to perform technical and administrative work involving the construction and renovation of residential properties. Associated work to perform technical and administrative work involving the construction and renovation of residential properties. The County will require time sheets from the sponsor to track employee hours to prevent duplication of payment. 4.-An inspection fee of$250.00 will be paid for those homes that fail to meet the rehabilitation standards. This fee is only paid when a property fails to meet the criteria and no other fees will be paid to the SPONSOR in such circumstances. * * REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • EXHIBIT"F" 16 D 18 Quarterly PROGRESS REPORT Complete form for past month and submit to Community and Human Services staff by the 10th of the following month. Status Report for the Quarter Ending: Submittal Date: Project Name: Owner-Occupied Rehabilitation Project Number: SHIP FY 14/15, 15/16, 16/17, SHIP 17/18, SHIP 19/20 or SHIP 20/21 SPONSOR: Contact Person: Telephone: Fax: E-mail: PROPERTY UNIT DATA Number of units under rehab this period Number of units completed this period Number of units completed to date Number of homes inspected but not under contract EXPENDITURE DATA Amount of funds expended this period Amount of funds expended to date New Contracts executed this period Name of Contractor Address Amount of Contract What events/actions are scheduled for the next month? Identify any issues that may cause delay in meeting scheduled expenditure deadline dates. Date Signature