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Backup Documents 5/23/2023 Item #16D2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 fl 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 5.23.23 BCC MT( 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. Carolyn Noble Community and Human CN 5.11.23 Services 2. County Attorney Office— County Attorney Office , ts- 3 :�3O l" 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office 5 � .`#j � ),45 !l 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 0(�-� C�1 'V A \ Phone Number 239-450-5186 Contact/ Department ( Agenda Date Item was Agenda Item Number Approved by the BCC 31,23 110.312_ Type of Document 3 ORIGINAL AMENDMENTS FOR HABITAT Number of Original 3 ORIGINAL Attached WHIPPOORWILL Documents Attached DOCUMENTS PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 Yes 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 N/A 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 N/A document or the final ne otiated contract date whichever is applicable. 6. _n here"tabs are • ..ed on the appropriate pages indicating where the Chairman's YES signature • initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 above date and all changes made during I N/A is not the meeting have been incorporated in the attached document. The County �( an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ��ci an option for Chairman's signature. this line. i 6D ‘e FAIN # M 16-UC 12-0217 M 18-UC 12-0217 M 1 9-UC 12-0217 Federal Award Date September 12, 2019 Federal Award HUD Agency CFDA Name Home Investment Partnerships (HOME) CFDA/CSFA# 14.218 Total Amount of $886,345 Federal Funds Awarded Subrecipient Name Habitat for Iumanity of Collier County, Inc. UEI MLUZYT83P4Z9 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of March 23, 2021 — Performance November 15, 2024 January 1, 2025 Fiscal Year End 6/30 Monitor End: June 30, 2035 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Infrastructure This Amendment is made and entered into as of this 23 day of 2023, by and between Collier County, a political subdivision of the State of Florida(COUNT ) and Habitat for Humanity of Collier County, Inc., (SUBRECIPIENT) a non-profit corporation existing under the laws of the State of Florida, having its principal office at 1 145 Tamiami Trail E., Naples, FL 34113. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development(IIUD) as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended: and WHEREAS, the Collier County Board of County Commissioners (Board) approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020, for the HOME Program on June 25, 2019, Agenda Item 16.D.2 and a Substantial Amendment on January 28, 2020, Agenda Item 16.D.l.; and Habitat for Humanity HM19-03 Whippoorwill-New Construction Amendment#3 • 1) 1602 WHEREAS, HUD has approved the COUNTY's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020 and the Substantial Amendment for Federal Fiscal Year 2019-2020 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT have provided the activities specified in this Agreement, in accordance with the approved One-Year Action Plan; and WHEREAS, the COUNTY desires to has engaged the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile COUNTY purpose. WHEREAS, on April 13, 2021, Agenda Item 16.D.1., the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for a new construction/infrastructure project to provide new multi-unit single family homes for 52 families whose income is at or below 80% AMI. WHEREAS, on March 22, 2022, the Board of County Commissioners approved Amendment #1, Agenda Item #16.D.6. to clarify the award amount and match requirement. WHEREAS, on November 8, 2022, the Board of County Commissioners approved Amendment #2, Agenda Item #16.D.6. to update the UEI number, period of performance, monitoring end date, performance deliverable due dates, subrecipient contact and custodian of public records. WHEREAS, the Parties desire to further amend the Agreement to revise the number of HOME-assisted units and extend the agreement date. 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 Struck Th-rottgh are deleted; Words Underlined are added. PART 1 SCOPE OF WORK 1.1 GRANT AND SPECIAL CONDITIONS F. The HOME program requires housing units to be provided in order to meet the program objectives. The Subrecipient shall construct- 52 units with 10(ten)HOME assisted units for income-eligible households. The units shall be made available for occupancy no later than January 1, 2025 in 2023. Should the SUBRECIPIENT not perform, or only partial completion of the work has occurred at the end of the performance period, the COUNTY may require repayment of a specified amount of IIOME funds. 2 Habitat for Humanity HM19-03 Whippoorwill—New Construction Amendment#3 0 LP 1 6D2 1.2 PROJECT DETAILS A. Project Description/Project Budget FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Activity HOME Budget Match Liability Amount Project Component One: Infrastructure associated $886,345.00 $221,586.00 with the construction of 52 homes with 10 (ten) HOME assisted units' blames to include but not limited to water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities. Match: Minimum Required match 25%of total HOME funds • expended Grand Total: $886,345.00 $221,586.00 C. Project Outcome The HOME new construction, infrastructure, project will provide 52 new multi-unit single family homes for 52 of which- 10 (ten)will be HOME assisted units for families whose income is less than 80% AMI. The SUBRECIPIENT shall ensure the units are occupied by qualified tenants, pursuant to paragraph 1.2.B above. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies(Section 1.1) agreement Agreement Execution HOME Match Requirement Documentation of Proportionate to the monthly 3 Habitat for Humanity HM 19-03 Whippoorwill- New Construction Amendment 43 APO 1602 SUBRECIPIENT Activities amount invoiced or 100% may be submitted at any time during the project HQS Inspections NA Not Applicable Insurance Insurance Certificate Within Thirty (30) days of (Exhibit A) Agreement execution within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within thirty (30)days of Agreement Execution Project Plans and Site Plans and Specifications Prior to Construction Start Specifications Subcontractor log Subcontractor log N/A Davis-Bacon/Certified Payroll Certified Payroll 11 days from end of each pay Documentation period for each N/A _ Income Certification Exhibit D Maintained in Documentation SUBRECIPIENT client file _ and validated at Monitoring Quarterly Performance Report Exhibit C Quarterly until project completion Section 3 Report Quarterly report of new hire Quarterly within 10 days after information the end of the quarter (even if zero). Final report due 60 days after Agreement ends. Annual Audit Monitoring Audit, Management Letter, Annually, within 60 days after Report Exhibit E _ _ FY end Financial and Compliance Exhibit E Annually 180 days after FY Audit end Continued Use Certification Continued Use Affidavit Annually until 3A34 2035 Capital Needs Assessment Plan approved by the Initial Plan due at construction Plan COUNTY completion and annually thereafter, prior to start of SUBRECIPIENT fiscal year, until 2434 2035 Program Income Re-use Plan Planned use of program Annually until 2031 2035 generated income 4 Habitat for Humanity HM19-03 Whippoorwill New Construction Amendment#3 1602 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Infrastructure Submission of Exhibit B Submission of monthly associated with the construction of 52 supporting documents invoices each month by multi family homes of which 10 (ten) must be provided as the 20th of the month homes will be HOME assisted and the backup as evidenced by following the month of approved costs why may include contractor schedule of service. permit fees, water, sewer, lighting, values/invoices or curbing, roadways, sidewalks, electric equivalent, proof of and any other construction related permit(if applicable), activities. progress photos, affidavit of partial completion or completion, canceled checks, banking documents, and any additional documents as requested. The County will pay up to 90%of the total grant award or project costs, whichever is lower, upon proof of proper payment. The remaining 10% of the award, or projects costs, will be released upon final monitoring clearance and meeting a sale of 10 HOME assisted units For clarity, the County will not withhold 10% on each payment,rather, the last 10%will only be paid as previously specified. Match Submission of Exhibit B- All match shall be 1 and supporting _submitted prior to the 5 Habitat for Humanity HM 19-03 Whippoorwill—New Construction Amendment#3 1602 documents may also release of retainage. include cash or in-kind Should match not meet documentation; to include 25% of the total canceled checks, banking expended amount, the statements, invoices; final match balance shall additional documentation he withheld from the may be requested retainage to meet the 25%match obligation. _ 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on March 23,2021 and end on November 15,2024 January 1,2025.Construction activities shall be completed by November 15,2021 January 1, 2025 and the affordability period shall cease in 2034 2035. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT- The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date March 23, 2021 Deadline for Commitment of Funds(12 months) March 23, 2021 Deadline for Expenditure of Funds (2 years) November 15, 2024 January 1 2025 Agreement Expiration Date November 15, 2021 January 1 2025 _Deadline for Receipt of Final Reimbursement March 31, 2025 Request PART V HOME Requirements 5.3 Maximum Per-Unit Subsidy Requirements Due to the discontinuation of the Section 221(d)(3) mortgage insurance program,alternate maximum per-unit subsidy limits must be used for the HOME Program. HUD is required to undertake rulemaking to establish new maximum per-unit subsidy limits for the IIOME Program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs) must follow. It directs PJs to use the Section 234-Condominium Housing basic mortgage limits, for elevator-type projects for determining the maximum amount of HOME funds a PJ may invest on a per-unit basis in HOME-assisted housing project. This interim policy remains 6 Habitat for Humanity HMI 9-03 Whippoorwill New Construction Amendment#3 16D2 in effect until the effective date of the new final rule provisions, amending the existing provisions of 24 CFR 92.250(a). HOME per-unit subsidy limit at 240 percent of the Section 234 basic mortgage limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator-type projects can be found at: https://www.hudexchange.info/resource/2315/home-per-unit-subsidy The maximum subsidy for 234-Condominium Housing Units is as follows: Bedrooms Non-Elevator Elevator 0 $59,338 $62,445 1 $68,418 $71,584 2 $82,514 _ $87,047 3 $105,621 $112,611 4+ $117,666 $123,611 Per the HOMEfires—Vol. 12 No.1. Revised July,2017,the Field Office can determine the HOME maximum per-unit subsidy limits for their HOME participating jurisdictions. The Miami Field Office has determined the HOME maximum per-unit subsidies for Collier County for FY2022 and are still in effect until the FY2023 maximum mortgage limits are posted. As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of 15 years,depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which requires constructions to be complete, all HOME funds disbursed by the COUNTY and drawn from the US Treasury,and required completion data entered into HUD's IDIS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and exact expiration date 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 at 24 CFR 02.252. The covenant will be recorded senior to all other financing liens, including the first-position mortgage referenced above, and will be enforceable against all successors in interest to Collier County. if necessary, the COUNIY may execute an amendment to the covenant running with the land that extends the affordability restrictions of 24 CFR 92.252 to the exact expiration date of the affordability period.Failure to meet all applicable HOME requirements for the entire Affordability Period will require SUBRECIPIENT to repay all HOME funds to the COUNTY. SIGNATURE PAGE TO FOLLOW 7 Habitat for Humanity HM 19-03 Whippoorwill New Construction Amendment 43 160a • IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. 4170 : AS TO THE COUNTY: '4c".14.'Y;ST61,'I KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF t?' " •` n G• COLLIER COUNTY, FLORIDA !? .; , Deputy GGI Odatfl' % ( i- _241g i 4':a;411''�,' Sl a*"."-°I1 RICK LOCASTRO, CHAIRMAN fated: CI, 4w 0.a ( EAL) Date: S/z3/23 IT SES: AS TO SUBRECIPIENT: HABITAT FOR HUMANITY OF COLLIER W. ness#1 Signature COUNT INC. M-CAKJ K-PC) K By. L Witness#1 Printed Name ISA LEFKOW, IEF EXECUTIVE 34olagh— OFFICER Witness #2 Signature Date: /(7/ -3 L-etIN l. .tx K' [Please provide evidence of signing authority] Witness #2 Printed Name App oved as to form and legality. tug" .4 e 4 4 Ro,,,ld1 ►1omusko Assistant County Attorney Date: 05\)‘3Iaq3 8 ril Habitat for Humanity HMI9-03 ��� Whippoorwill New Construction Amendment#3 Oyl kkk\ r t60a FAIN # M 16-UC 12-0217 M 18-UC 12-0217 M 19-UC 12-0217 Federal Award Date September 12, 2019 Federal Award HUD Agency CFDA Name Home Investment Partnerships(HOME) CFDA/CSFA# 14.218 Total Amount of $886,345 Federal Funds Awarded Subrecipient Name Habitat for Humanity of Collier County, Inc. UEI MLUZYT83P4Z9 FEIN 59-1834379 R&D No -- Indirect Cost Rate No _ Period of March 23, 2021 — Performance November 15, 2021 January 1, 2025 Fiscal Year End 6/30 Monitor End: June 30, 2035 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Infrastructure This Amendment is made and entered into as of this 23rd day of Play 2023, by and between Collier County, a political subdivision of the State of Florida(COUNTfY)and Habitat for Humanity of Collier County, Inc., (SUBRECIPIENT) a non-profit corporation existing under the laws of the State of Florida, having its principal office at 1 145 Tamiami Trail E., Naples, FL 34113. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (IIUD)as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended: and WHEREAS, the Collier County Board of County Commissioners (Board) approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020, for the HOME Program on June 25, 2019, Agenda Item 16.D.2 and a Substantial Amendment on January 28, 2020, Agenda Item 16.D.1.; and Habitat for Humanity HM 19-03 Whippoorwill—New Construction Amendment#3 l) WHEREAS, HUD has approved the COUNTY's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020 and the Substantial Amendment for Federal Fiscal Year 2019-2020 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT have provided the activities specified in this Agreement, in accordance with the approved One-Year Action Plan; and WHEREAS, the COUNTY deli-res-to has engaged the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile COUNTY purpose. WHEREAS, on April 13, 2021, Agenda Item 16.D.1., the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for a new construction/infrastructure project to provide new multi-unit single family homes for 52 families whose income is at or below 80% AMI. WHEREAS, on March 22, 2022, the Board of County Commissioners approved Amendment #1, Agenda Item #16.D.6. to clarify the award amount and match requirement. WHEREAS, on November 8, 2022, the Board of County Commissioners approved Amendment #2, Agenda Item #16.D.6. to update the UEI number, period of performance, monitoring end date, performance deliverable due dates, subrecipient contact and custodian of public records. WHEREAS, the Parties desire to further amend the Agreement to revise the number of HOME-assisted units and extend the agreement date. 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: WordsThrough are deleted; Words Underlined arc added. PART l SCOPE OF WORK 1.1 GRANT AND SPECIAL CONDITIONS F. The HOME program requires housing units to be provided in order to meet the program objectives. The Subrecipient shall construct 52- 52 units with 10(ten)HOME assisted units for income-eligible households. The units shall be made available for occupancy no later than January I, 2025 in 2023. Should the SUBRECIPIENT not perform, or only partial completion of the work has occurred at the end of the performance period, the COUNTY may require repayment of a specified amount of HOME funds. 2 Habitat for Humanity t1M I9-03 Whippoorwill—New Construction Amendment 43 0 1 6D2 1.2 PROJECT DETAILS A. Project Description/Project Budget FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Activity HOME Budget Match Liability Amount Project Component One: Infrastructure associated $886,345.00 S221,586.00 with the construction of 52 homes with 10 (ten) HOME assisted units' bellies to include but not limited to water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities. Match: Minimum Required match 25% of total HOME funds expended Grand Total: $886,345.00 $221,586.00 C. Project Outcome The HOME new construction, infrastructure, project will provide 52 new multi-unit single family homes for 52 of which- 10(ten)will be I TOME assisted units for families whose income is less than 80% AMI. The SUBRECIPIENT shall ensure the units are occupied by qualified tenants, pursuant to paragraph 1.2.13 above. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies (Section 1.1) agreement Agreement Execution HOME Match Requirement Documentation of Proportionate to the monthly 3 Habitat for Humanity HM 19-03 Whippoorwill New Construction Amendment#3 () ( P t 6 SUBRECIPIENT Activities amount invoiced or 100% may be submitted at any time during the project HQS Inspections NA Not Applicable Insurance Insurance Certificate Within Thirty (30) days of (Exhibit A) Agreement execution within thirty(30) days of renewal Detailed Project Schedule Project Schedule Within thirty (30)days of Agreement Execution Project Plans and Site Plans and Specifications Prior to Construction Start Specifications _ Subcontractor log Subcontractor log subcontractors-begin N/A Davis-Bacon/Certified Payroll Certified Payroll Documentation period for each N/A Income Certification l:xhihit I) Maintained in Documentation SUBRECIPIENT client file and validated at Monitoring Quarterly Performance Report Exhibit C Quarterly until project conletion Section 3 Report Quarterly report of new hire Quarterly within 10 days after information the end of the quarter(even if zero). Final report due 60 days after Agreement ends. Annual Audit Monitoring Audit, Management Letter, Annually, within 60 days after Report Exhibit E FY end Financial and Compliance Exhibit E Annually 180 days after FY Audit end Continued Use Certification Continued Use Affidavit Annually until 3934 2035 Capital Needs Assessment Plan approved by the Initial Plan due at construction Plan COUNTY completion and annually thereafter, prior to start of SUBRECIPIENT fiscal year, until 2434 2035 Program Income Re-use Plan Planned use of program Annually until 2034 2035 generated income 4 Habitat for Humanity HM 19-03 Whippoorwill - New Construction Amendment#3 16a2 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Infrastructure Submission of Exhibit B Submission of monthly associated with the construction of 52 supporting documents invoices each month by multi family homes of which 10 (ten) must be provided as the 20th of the month homes will be HOME assisted and the backup as evidenced by following the month of approved costs whiff may include contractor schedule of service. permit fees, water, sewer, lighting, values/invoices or curbing, roadways, sidewalks, electric equivalent, proof of and any other construction related permit(if applicable), activities. progress photos,affidavit of partial completion or completion, canceled checks, banking documents, and any additional documents as requested. The County will pay up to 90%of the total grant award or project costs, whichever is lower, upon proof of proper payment. The remaining 10% of the award, or projects costs, will be released upon final monitoring clearance and meeting-a sale of 10 HOME assisted units For clarity, the County will not withhold 10% on each payment,rather, the last 10%will only be paid as previously specified. Match Submission of Exhibit B- All match shall be 1 and supporting submitted prior to the 5 Habitat for Humanity HM 19-03 Whippoorwill—New Construction Amendment#3 I 6 0 Z documents may also release of retainage. include cash or in-kind Should match not meet documentation; to include 25% of the total canceled checks, banking expended amount, the statements, invoices; final match balance shall additional documentation be withheld from the may be requested retainage to meet the 25% match obligation. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on March 23,2021 and end on November 15,2021 January 1,2025.Construction activities shall be completed by November 15,2021 January 1, 2025 and the affordability period shall cease in 2034 2035. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT- The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date March 23, 2021 Deadline for Commitment of Funds(12 months) March 23, 2021 Deadline for Expenditure of Funds (2 years) November 15, 2021 January 1, 2025 Agreement Expiration Date November 15, 2021 January 1, 2025 Deadline for Receipt of Final Reimbursement March 31, 2025 Request PART V HOME Requirements 5.3 Maximum Per-Unit Subsidy Requirements Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate maximum per-unit subsidy limits must be used for the HOME Program. IIUD is required to undertake rulemaking to establish new maximum per-unit subsidy limits for the HOME Program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs) must follow. It directs PJs to use the Section 234-Condominium Housing basic mortgage limits, for elevator-type projects for determining the maximum amount of HOME funds a PJ may invest on a per-unit basis in HOME-assisted housing project. This interim policy remains 6 Habitat for Humanity HM 19-03 Whippoorwill New Construction Amendment#3 I6t2 in effect until the effective date of the new final rule provisions, amending the existing provisions of 24 CFR 92.250(a). HOME per-unit subsidy limit at 240 percent of the Section 234 basic mortgage limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator-type projects can be found at: https://www.hudexchange.info/resource/2315/home-per-unit-subsidy The maximum subsidy for 234-Condominium Housing Units is as follows: Bedrooms _ Non-Elevator Elevator 0 $59,338 $62,445 $68,418 $71,584 2 $82,514 $87,047 3 $105,621 $112,611 4+ $117,666 $123,611 Per the HOMEfires—Vol. 12 No.1. Revised July,2017,the Field Office can determine the HOME maximum per-unit subsidy limits for their HOME participating jurisdictions. The Miami Field Office has determined the HOME maximum per-unit subsidies for Collier County for FY2022 and are still in effect until the FY2023 maximum mortgage limits arc posted. As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of 15 years,depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which requires constructions to be complete, all HOME funds disbursed by the COUNTY and drawn from the US Treasury,and required completion data entered into HUD's IDIS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and exact expiration date 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 at 24 CFR 02.252. The covenant will be recorded senior to all other financing liens, including the first-position mortgage referenced above, and will be enforceable against all successors in interest to Collier County. 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 expiration date of the affordability period. Failure to meet all applicable HOME requirements for the entire Affordability Period will require SUBRECIPIENT to repay all HOME funds to the COUNTY. SIGNATURE PAGE TO FOLLOW 7 Habitat for Humanity i IM I 9-03 Whippoorwill New('oii truction Aincudntent#3 1 P0 10a IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATE ': AS TO THE COUNTY: CRYSTAL.I KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF '7+ r, COLLIER COUNTY, FLORIDA , De.put l ingatt,S ab ` Af est B ylo too y RICK LOCASTRO, CHAIRMAN Dated' V / '13 SEAL) Date: 5/2 3 /23 SES: AS TO SUBRECIPIENT: HABITAT FOR HUMANITY OF COLLIER ness# Signature COUNT INC. - By Witness#1 Printed Name LISA LEFKOW, EF EXECUTIVE _ OFFICER (� au tU � - Wit s #2 Signature Date: _ /77/zJ� t-et\ L'wcA - T [Please provide evidence of signing authority] Witness#2 Printed Name Approved as to form and legality: 4,4,011,44,4z, I Mk Kny ioytilth jovb u ko Assistant County Attorney Date: D*3I'9.0a3 s ). Itabitat for Humanity HM19-03 fl �� ��� Whippoorwill -- New Construction Amendment#3 L 4\ • FAIN # M 16-UC 12-0217 M 18-UC 12-0217 M 19-UC 12-0217 Federal Award Date September 12, 2019 _ Federal Award HUD Agency CFDA Name Home Investment Partnerships(HOME) CFDA/CSFA# _ 14.218 _ Total Amount of S886,345 Federal Funds Awarded Subrecipient Name Habitat for Ilumanity of Collier County, Inc. UEI MLUZYT83P4Z9 FEIN 59-1834379 R&D No Indirect Cost Rate No Period of March 23, 2021 — Performance November 15, 2021 January 1, 2025 Fiscal Year End 6/30 Monitor End: June 30, 2035 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Infrastructure This Amendment is made and entered into as of this 23r4 day of Ma 2023, by and between Collier County, a political subdivision of the State of Florida(COUNT)and l iabitat for Humanity of Collier County, Inc., (SUBRECIPIENT) a non-profit corporation existing under the laws of the State of Florida, having its principal office at 1 145 Tamiami Trail E., Naples, FL 34113. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (IIUD)as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Collier County Board of County Commissioners (Board) approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020, for the HOME Program on June 25, 2019, Agenda Item 16.D.2 and a Substantial Amendment on January 28, 2020, Agenda Item 16.D.1.; and Habitat for Humanity HMI9-03 Whippoorwill -New Construction Amendment#3 1602 WHEREAS, HUD has approved the COUNTY's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020 and the Substantial Amendment for Federal Fiscal Year 2019-2020 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT have provided the activities specified in this Agreement, in accordance with the approved One-Year Action Plan; and WHEREAS, the COUNTY desires-to has engaged the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile COUNTY purpose. WHEREAS, on April 13, 2021, Agenda Item 16.D.1., the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for a new construction/infrastructure project to provide new multi-unit single family homes for 52 families whose income is at or below 80% AMI. WHEREAS, on March 22, 2022, the Board of County Commissioners approved Amendment #1, Agenda Item #16.D.6. to clarify the award amount and match requirement. WHEREAS, on November 8. 2022, the Board of County Commissioners approved Amendment #2, Agenda Item #16.D.6. to update the UEI number, period of performance, monitoring end date, performance deliverable due dates, subrecipient contact and custodian of public records. WHEREAS, the Parties desire to further amend the Agreement to revise the number of HOME-assisted units and extend the agreement date. 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 Struck Through are deleted; Words Underlined are added. PART 1 SCOPE OF WORK 1.1 GRANT AND SPECIAL CONDITIONS F. The HOME program requires housing units to be provided in order to meet the program objectives. The Subrecipient shall construct 5-2- 52 units with 10(ten) HOME assisted units for income-eligible households. The units shall be made available for occupancy no later than January 1, 2025 in 2023. Should the SUBRECIPIENT not perform, or only partial completion of the work has occurred at the end of the performance period, the COUNTY may require repayment of a specified amount of HOME funds. 2 Habitat for Humanity HM I9-03 Whippoorwill-.New Construction Amendment#3 0 LP 1602 1.2 PROJECT DETAILS A. Project Description/Project Budget FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Activity HOME Budget Match Liability Amount Project Component One: Infrastructure associated $886,345.00 $221,586.00 with the construction of 52 homes with 10 (ten) HOME assisted units' homes to include but not limited to water, sewer, lighting, curbing, roadways, sidewalks, electric and any other construction related activities. Match: Minimum Required match 25% of total HOME funds expended Grand Total: $886,345.00 $221,586.00 C. Project Outcome The HOME new construction, infrastructure, project will provide 52 new multi-unit single family homes for 52 of which- 10 (ten)will be HOME assisted units for families whose income is less than 80% AMI. The SUBRECIPIENT shall ensure the units are occupied by qualified tenants, pursuant to paragraph 1.2.3 above. D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies (Section 1.1) agreement Agreement Execution HOME Match Requirement Documentation of Proportionate to the monthly 3 Habitat for Humanity HM 19-03 Whippoorwill- New Construction Amendment#3 C, 160a SUBRECIPIENT Activities amount invoiced or 100% may be submitted at any time during the project HQS Inspections NA Not Applicable Insurance Insurance Certificate Within Thirty (30) days of (Exhibit A) Agreement execution within thirty(30) days of renewal Detailed Project Schedule Project Schedule Within thirty (30)days of Agreement Execution Project Plans and Site Plans and Specifications Prior to Construction Start Specifications Subcontractor log Subcontractor log Monthly or-any-time-new subcontractors be .i N/A Davis-Bacon/Certified Payroll Certified Payroll l/1 days from end of each pay Documentation period for each N/A Income Certification Exhibit D Maintained in Documentation SUBRECIPIENT client file and validated at Monitoring Quarterly Performance Report Exhibit C Quarterly until project completion Section 3 Report Quarterly report of new hire Quarterly within 10 days after information the end of the quarter(even if zero). Final report due 60 days after Agreement ends. Annual Audit Monitoring Audit, Management Letter, Annually, within 60 days after Report Exhibit E FY end — Financial and Compliance Exhibit E Annually 180 days after FY Audit end _ Continued Use Certification Continued Use Affidavit Annually until 2434 2035 Capital Needs Assessment Plan approved by the Initial Plan due at construction Plan COUNTY completion and annually thereafter,prior to start of SUBRECIPIENT fiscal year, until 2034 2035 Program Income Re-use Plan Planned use of program Annually until 2034 2035 generated income 4 Habitat for Humanity HM19-03 Whippoorwill New Construction Amendment#3 �Pl� l602 E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Infrastructure Submission of Exhibit B Submission of monthly associated with the construction of 52 supporting documents invoices each month by multi family homes of which 10 (ten) must be provided as the 20`h of the month homes will be HOME assisted and the backup as evidenced by following the month of approved costs ..� may include contractor schedule of service. permit fees, water, sewer, lighting, values/invoices or curbing, roadways, sidewalks, electric equivalent, proof of and any other construction related permit (if applicable), activities. progress photos, affidavit of partial completion or completion, canceled checks, banking documents, and any additional documents as requested. The County will pay up to 90%of the total grant award or project costs, whichever is lower, upon proof of proper payment. The remaining 10% of the award, or projects costs, will be released upon final monitoring clearance and meeting a sale of 10 HOME assisted units For clarity,the County will not withhold 10% on each payment,rather, the last 10%will only be paid as previously specified. Match Submission of Exhibit B- All match shall be 1 and supporting submitted prior to the 5 Habitat for Humanity HM 19-03 Whippoorwill—New Construction Amendment#3 1602 documents may also release of retainage. include cash or in-kind Should match not meet documentation; to include 25% of the total canceled checks, banking expended amount, the statements, invoices; final match balance shall additional documentation he withheld from the may be requested retainage to meet the 25%match obligation. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on March 23,2021 and end on November 15,2021 January 1,2025.Construction activities shall be completed by November 15,2021 January 1, 2025 and the affordability period shall cease in 2034 2035. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. DURATION OF AGREEMENT - The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date March 23, 2021 Deadline for Commitment of Funds(12 months) March 23, 2021 Deadline for Expenditure of Funds (2 years) November 15, 2024 January 1, 2025 Agreement Expiration Date November 15, 2021 January 1, 2025 Deadline for Receipt of Final Reimbursement March 31, 2025 Request PART V HOME Requirements 5.3 Maximum Per-Unit Subsidy Requirements Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate maximum per-unit subsidy limits must be used for the HOME Program. HUD is required to undertake rulemaking to establish new maximum per-unit subsidy limits for the HOME Program. Until a new rule can be published, HUD published a Notice establishing an interim policy that Field Office staff and participating jurisdictions (PJs) must follow. It directs PJs to use the Section 234-Condominium Housing basic mortgage limits, for elevator-type projects for determining the maximum amount of HOME funds a PJ may invest on a per-unit basis in HOME-assisted housing project. This interim policy remains 6 Habitat for Humanity I IM 19-03 Whippoorwill New Construction Amendment#3 0 1602 in effect until the effective date of the new final rule provisions, amending the existing provisions of 24 CFR 92.250(a). HOME per-unit subsidy limit at 240 percent of the Section 234 basic mortgage limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator-type projects can he found at: https://www.hudexchangc.info/resource/2315/home-per-unit-subsidy The maximum subsidy for 234-Condominium Housing Units is as follows: Bedrooms Non-Elevator _ Elevator 0 $59,338 $62,445 _ 1 $68,418 $71,584 2 $82,514 $87,047 3 $105,621 $112,611 4+ $117,666 $123,611 Per the HOMEfires—Vol. 12 No.1. Revised July,2017, the Field Office can determine the HOME maximum per-unit subsidy limits for their HOME participating jurisdictions. The Miami Field Office has determined the HOME maximum per-unit subsidies for Collier County for FY2022 and are still in effect until the FY2023 maximum mortgage limits arc posted. As a rental rehabilitation housing project, the Affordability Period during which SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a maximum of 15 years,depending on the amount assisted per unit. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which requires constructions to be complete, all HOME funds disbursed by the COUNTY and drawn from the US Treasury,and required completion data entered into HUD's iDiS Federal Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion and exact expiration date 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 at 24 CFR 02.252. The covenant will be recorded senior to all other financing liens, including the first-position mortgage referenced above, and will be enforceable against all successors in interest to Collier County. 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 expiration date of the affordability period. Failure to meet all applicable HOME requirements for the entire Affordability Period will require SUBRECIPIENT to repay all HOME funds to the COUNTY. SIGNATURE PAGE TO FOLLOW 7 Habitat for Humanity HM19-03 Whippoorwill - New Construction Amendment 143 0 LA 1602 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. .A'1IE ',: . AS TO THE COUNTY: f) ClyrSTAL'K:t1 EL, CLERK BOARD OF COUNTY COMMISSIONERS OF t , ^ n C COLLIER COUNTY, FLORIDA y ;,: .. fi. By. / -�� elle SgnatontY. RICK LOCASTRO, CHAIRMAN hated:; �3 i(. EAL) Date: 5/23/23 SES:filb AS TO SUBRECIPIENT: HABITAT OR HUMANITY OF COLLIER ►�.� ess # ignature COUNT C. 1. v (414--G� B : Witness #1 Printed Name LISA LEFKOW, CFI E EXECUTIVE (,)4titd OZ,Q _` OFFICER Witness#2 Signature Date: 77/7P-(ice 3 1,-€\1\ L<v.) ale,( 'Please provide evidence of signing authority] Witness #2 Printed Name App ved a to form and legality: SC :'\ . ,RY Derek D. Perry Assistant County Attorney Date: D5\a3V).3 K kill Habitat for Humanity HMI9-03 ��� Whippoorwill New( oust ruction Amendment#3 ` �� PO