Backup Documents 12/09/2014 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 U 2
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 itials Date
1. Peggy Hager CHS ( o?,�n
2. County Attorney Office County Attorney Office _ CZ 17,
Z I
3. BCC Office Board of County —\\>
Commissioners VWLS 7 t z, kkkki .
4 Minutes and Records Clerk of Court's Office A
Iii «i(Lf Iv. g
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 Phone Number Pled call for pick up
Contact/ Department Lisa Oien _ 252-6141
Agenda Date Item was Agenda Item Number `VV/
Approved by the BCC December 9 2014
Type of Document Attached Amendment#2 to Big Cypress Housing Agreement Number of Original 3 amendment s #2 to the Big
Documents Attached Cypress Housing Corporation
3 total documents agreement(stamped signature
acceptable
PO number or account m/0._
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) Qpplica )
1. Does the document require the chairman's original signature? S /t'f� J/
2. Does the document need to be sent to another agency for additiona ratmres? es, /
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. ✓ /A
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 f
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's ✓� /
Office and all other parties except the BCC Chairman and the Clerk to the Board N
5. The Chairmen'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. °0-
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip j
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 away of your deadlines!
8. The document was approved by the BCC on /L/9�1p/� and all changes made , .,u
during the meeting have been incorporated in t a attached document. The County " `'
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the (}j
BCC,all changes directed by the BCC have been made,and the document is ready fs th- d
Chairman's signature. 4�
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
1602
MEMORANDUM
Date: December 11, 2014
To: Lisa Oien, Grants Coordinator
Housing, Human & Veteran Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Amendment #2 to Agreement between Collier County &
Big Cypress Housing Corporation
Hatcher's Preserve, Affordable Rental Housing
Attached is two (2) original document referenced above, (Item #16D2) approved by the
Board of County Commissioners on Tuesday, December 9, 2014.
The Minutes and Record's Department will retain an original for the Board's Official
Record.
If you have any questions please call me at 252-7240.
Thank you.
Attachment
16 0 2
Grants # 12DB-P5-09-21-01-K39
#07DB-3V-09-21- O1-ZO1
#08DB-D3-09-21-01-A03
#10DB-D4-09-21-01-K09
CFDA/CSFA# - 14.228
Sub recipient- Big Cypress Housing
Corporation
DUNS # 064723252
FETI FEID# 65-1067124
FY End 12/3112/31
Monitor End: 2018 2019
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
Big Cypress Housing Corporation
Hatcher's Preserve,Affordable Rental Housing
This Amendment, is entered into this Q day of 2014, by and between Big Cypress
Housing Corporation, a not for profit existing under the laws of the State of Florida, herein
after referred to as SUBRECIPIENT and Collier County, Florida, herein after to be referred to as
"COUNTY," collectively stated as the "Parties."
WHEREAS, on October 22, 2014, the Board of County Commissioners approved
submittal of modifications to grant agreement numbers, 12DB-P5-09-21-01-K39, 07DB-3V-09-
21-01-ZO1 and 08DB-D3-09-21-01-A03 between Collier County and the Florida Department of
Economic Opportunity (DEO) and the execution of an associated subrecipient agreement
providing Community CDBG/DRI/DREF funds for the Hatcher's Preserve project in
Immokalee, Florida;
WHEREAS on May 27, 2014 the Board of County Commissioners approved submittal
of modification#9 for grant agreement#10DB-D4-09-21-01-K09 and the associated subrecipient
agreement amendment providing additional Community CDBG/DRI funds for the Hatcher's
Preserve project;
WHEREAS, the Parties desire to amend the subrecipient agreement to reallocate funds
from the environmental activity to construction activities at Hatcher's Preserve.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
Page 1 of 7
Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
�9
160 2
Words Strutli---Through are deleted; Words Underlined are added
All references contained throughout the agreement to Housing, Human and Veteran Services
(HHVS) hereinafter shall read Community and Human Services CCHS).
THE SUBRECIPIENT AGREES TO:
* * *
III. AGREEMENT AMOUNT
* * *
Line Item Description Total DREF DRI DRI DRI
DREF/DRI FUNDS FUNDS FUNDS FUNDS
FUNDS (2008 funds) Z grant A grant K grant
(2005 funds) (2005 funds) (2008 funds)
NOTE*
Activities/items/services
may include but not be
limited to:
BCHC, Hatcher's
Preserve, Affordable
Rental Housing
Project Component#1 $1,095,944.30 $221,388.80 $106,650.69 $307,161.81 $460,743.00
The construction cost $1,099,944.30 $311,161.81
and associated costs of
fees and permits
necessary to construct a
minimum of eight single
family rental homes at
Hatcher's Preserve in
Immokalee, Florida.
Component #2 The cost $4,000.00 $4,000.00
of a HUD required
Environmental
Assessment for the
Hatcher's Preserve
Community.
Total $1,099,944.30 $ 221,388.80 $106,650.69 $ 311,161.81 $460,743.00
Page 2 of 7
Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
16 0 2
The following table details the project deliverables, documents and submission schedule.
Deliverable Supporting Documents Exhibit Submission
Date
Project Component #1 Construction: Submission of Exhibit Monthly
The construction cost and supporting documents must "B"using invoicing
associated costs of fees be provided as back up as Exhibit
and permits necessary to evidenced by, but not limited "C" if
construct a minimum of to, signed AIA G702-1992 applicable.
eight rental single family form (attached as Exhibit
homes at Hatcher's "G") or equivalent document
Preserve in Immokalee, accompanied by the
Florida contractor's Schedule of
Values and associated
photos.
10% Retainage will be Submit
withheld with each request request
for payment and will be after final
released upon completion of close out
activities and final close out monitoring
monitoring clearance
Project Component #2 Assessment document Exhibit One time
The cost of a HUD provided to HHVS and an before
required Environmental - - - - ' . . - - : construction
Assessment for the Assessment consultant: contract
Hatcher's Preserve
Community.
Program compliance Submission of Annual Exhibit At project
documents Certificate of Insurance, "E" for the initiation
Annual Audit, Fair Housing annual
Plan and Fair Housing Audit
Marketing Plan
Monthly Reporting for Submission of applicable Exhibits Monthly
Progress, beneficiaries reports "D-1", "D-
and contracts 2", "D-3"
and "D-4"
Page 3 of 7
Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
0
16 0
* * *
IX. ADMINISTRATIVE REQUIREMENTS
* *
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, SUBRECIPIENT shall submit monthly progress reports to the
COUNTY on the 26th day of each month for the month reported. Monthly reporting includes
comprehensive information in regards to progress, beneficiaries, accomplishments and contract
information. Exhibits D-1, D-2, D-3 and D-4 are provided for monthly reporting. 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, SUBRECIPIENT shall submit an annual audit monitoring report
(Exhibit E)to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT 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,
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 SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS, DEO or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS, DEO or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT 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 SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT 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
Page 4 of 7
Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
0
16 D 2
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 (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from 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.
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/DRI and DREF 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.
Page 5 of 7
Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
160 2 ,
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 for project 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.
X. OTHER PROGRAM REQUIREMENTS
* * *
E. CONFLICT OF INTEREST
The SUBRECIPIENT 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 SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict
of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT 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.
The SUBRECIPIENT 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 SUBRECIPIENT. The COUNTY
Page 6 of 7
Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
r7r)
160 2
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 SUBRECIPIENT's ability to self-manage the
projects using its own employees. Any possible conflict of interest on the part of .the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however.,
that this paragraph shall be interpreted in such a manner so an 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.
* * *
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
DWIGHT E.* aROCK, CLERK COLLIER ,OUNTY FLORIDA
4
s►, i�isl ' 0 t . Ii� By:
DVer Tom Henning, hairm.
Dated:1)C 1A` 20 t4 Date: 1/ 9 z 0,y
(SEAL?
Attest as to t lairman s
signature only.
Big Cypress Housin:" 'orporation
By• aim&-
Su r ecipient _ ature
Steve irk,Presi. nt
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorne D `r
\R
Page7of7 .b�
Big Cypress Housing Corporation
DREF 08-06,DR1 05-06,DR1 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
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