Agenda 07/26/2016 (In Absentia) Item #11B07/26/2016
EXECUTIVE SUMMARY
Recommendation to approve the Third Amendment to the Subrecipient Agreement with Habitat
for Humanity of Collier County, Inc. and the Fifth Amendment to the Developer’s Agreement with
Big Cypress Housing Corporation Inc. to clarify the period of performance terminology and
incorporate 2 CFR Part 200 compliance requirements. These items have no new fiscal impact.
OBJECTIVE: To sustain affordable housing opportunities in Collier County for low-income persons.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides
Community Development Block Grant (CDBG) funds and HOME investment partnership funds to
address program-specific needs in the community.
On September 23, 2014, the Board approved a CDBG Subrecipient Agreement with Habitat for Humanity
of Collier County (“Habitat”) Inc. (Agenda item 16D1). The agreement provided funding for the entry
road into a new affordable housing subdivision known as Legacy Lakes.
On October 22, 2013 the Board approved a HOME Developer’s Agreement with Big Cypress Housing
Corporation Inc. (Agenda item 16D5). The agreement provided funding for the construction of affordable
rental housing at Hatchers Preserve in Immokalee, Florida.
Both agreements require an amendment to clarify the period of performance terminology and incorporate
2 CFR Part 200 compliance requirements. The Federal Office of Management and Budget and the Federal
award-making agencies published a joint interim final rule implementing the final guidance as
requirements for recipients of Federal financial assistance on December 19, 2014 (at 79 Federal Register
75871). The amendments do not change the scope of the projects, increase or decrease the amount of
grant funds or impact the budget for these projects.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a maj ority vote
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: These projects furthers the Goals, Objectives, and Policies of
the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the Third Amendment to
the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc. and the Fifth Amendment
to the Developer’s Agreement with Big Cypress Housing Corporation Inc. and authorizes the Chair to
sign.
11.B
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07/26/2016
Prepared By: Lisa Oien and Jody Paley, Grant Coordinators; Community and Human Services, Public
Services
ATTACHMENT(S)
1. Habitat for Humanity Third Amendment (PDF)
2. Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (PDF)
3. Big Cypress Fifth Amendment (PDF)
4. BCHC Agreement with Amendments 1-4 (PDF)
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07/26/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Item Summary: Recommendation to approve the Third Amendment to the Subrecipient
Agreement with Habitat for Humanity of Collier County, Inc. and the Fifth Amendment to the
Developer’s Agreement with Big Cypress Housing Corporation Inc. to clarify the period of
performance terminology and incorporate 2 CFR Part 200 compliance requirements. These
items have no new fiscal impact.
Meeting Date: 07/26/2016
Prepared by:
Title: Grants Coordinator – Community & Human Services
Name: Jody Paley
07/26/2016 8:38 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
07/26/2016 8:38 AM
Approved By:
Review:
Public Services Department Hailey Margarita Alonso Level 1 Sim. Reviewer 1-8 Skipped 07/26/2016 8:57 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 07/26/2016 9:11 AM
Public Services Department Kimberley Grant Level 1 Sim. Reviewer 1-8 Completed 07/26/2016 9:46 AM
Community & Human Services Maggie Lopez Level 1 Sim. Reviewer 1-8 Completed 07/26/2016 10:24 AM
Community & Human Services Kristi Sonntag Level 1 Sim. Reviewer 1-8 Completed 07/26/2016 10:57 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 07/26/2016 11:52 AM
Grants Erica Robinson Level 2 Grants Review Completed 07/26/2016 2:45 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/26/2016 4:30 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/26/2016 4:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/26/2016 4:38 PM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 07/26/2016 4:47 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/27/2016 1:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/26/2016 12:00 AM
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Packet Pg. 141 Attachment: Habitat for Humanity Third Amendment (1691 : To clarify 2 CFR Part 200 compliance requirements)
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11.B.b
Packet Pg. 152 Attachment: Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (1691 : To clarify 2 CFR
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Packet Pg. 153 Attachment: Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (1691 : To clarify 2 CFR
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Packet Pg. 201 Attachment: Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (1691 : To clarify 2 CFR Part 200 compliance requirements)
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Packet Pg. 202 Attachment: Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (1691 : To clarify 2 CFR Part 200 compliance requirements)
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Packet Pg. 203 Attachment: Habitat for Humanity Subrecipient Agreement with Amendments 1-2 (1691 : To clarify 2 CFR Part 200 compliance requirements)
11.B.c
Packet Pg. 204 Attachment: Big Cypress Fifth Amendment (1691 : To clarify 2 CFR Part 200 compliance requirements)
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Packet Pg. 212 Attachment: Big Cypress Fifth Amendment (1691 : To clarify 2 CFR Part 200 compliance requirements)
Grant#-M-03-M-11 -UC-12-0017
CFDA/CSFA#-14 .239
DEVELOPER -Big Cypress
Housin2 Corporation (BCHC)
DUNS # -0647232520
FETI # -65-1067124
FY End 12/31
Monitoring Deadline 10/2035
AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this 22nd day of October, 2013 , by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee")
having its principal address as 3339 E. Tamiami Trail , Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation " a private not-for -profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Flo rida 33034.
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Colli er
County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME
Program on August 13, 20 13 -Agenda Item 11 A; and
WHEREAS, HUD has approved the County's Conso lidated Plan One-Year Action Plan for
Federal Fiscal Year 2013-2014 for the HOME Program and the u se of the HOME funds for the
acti vities identifi ed in the Plan; and
WHEREAS, the COUNTY and th e DEVELOPER desire to provide the activities specified in
thi s Agreement, in accord with the approved One-Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such
undertakings of th e HOME Program as a valid and worthwhil e County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
Big Cypress Housing Corporation
(HMl3-03)
Multi-Pnmily Project consi stin g of a
Minimum of Ten ( 10) Single Pamily Rental
I l ou sing Con struction Page 1 of 35
11.B.d
Packet Pg. 213 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
I. SCOPE OF SERVICES
The DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing IIOME funds , as determ ined by Co ll ier County Housing,
H uman and Veteran Services (HHVS), pe rform the tasks necessary to conduct the program as
follows:
FY2008 -FY2 01 2 Amended Action Plans identified and approved the project to Big Cypress
Ho using Corporation (BCHC):
A. Project Component One: Multi -Family Project consisti ng of a minimum of Ten (10) S ingle
Family Rental Housing Construction at Hatcher's Preserve located at 3180 Westclox Street in
lmmokal ee, FL, in Section 30, township 46 South, Range 29 East, Colli er County; Eight (8) of
the units will be High Rents and two (2) Low Rents and a ll will be three bedroom units . Two
(2) will be designated handicap units .
Maximum Per-Unit Subsidy
The maximum HOME p er-unit subsidy may not be increased a bove 240 percent of the base
limits authorized by §22l(d)(3)(ii) of the National Housing Act [1 2 U.S.C. 171 5l(d)(3)(iii)]. In
no case will the County's funding of th e Project be less than $1,000 per HOME-assisted unit or
more than the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum
subsidy for _l_ bedroom units is $215,282.
1. As a new construction rental project, the Affordability Period during which DEVELOPER
must maintain compliance with all applicable HOME rul es shall be twenty (2 0) years. The
Affordability Period will not commence until the Project has met the req uirements for Project
Completion outlined in 24 CFR 92.2, which wi ll require that construction be complete, all
HOME fund s have been disbursed by th e COUNTY and drawn from the US Treasury, and
required completion data has been entered in HUD 's IDIS Federal Reporting System. T he
COUNTY will notify the DEV ELOPE R of the actual date of completion and the exact date of
the expirat ion of the affordability period, wh ich shall be calculated based on th e date of
completion. The COUNTY wi ll record a covenant running with the land, in form satisfactory
to the COUNTY, that provides a means for enforcement of the affordabi lity restrictions of 24
CFR 92.252 . The covenant wi ll be recorded senior to all other financing li ens, including the
first-position mortgage referenced above, and be enforceable against a ll successors in interest
to VOASE. If necessary, the COUNTY may execute an amendment to the Covenant Runn ing
with the Land that extends the affordability restrict ions of 24 CFR 92.252 to the exact date of
ex piration of the affordability period. Failure of the proj ect to meet all applicable HOME
requ ire ments for the entire Affordabi li ty Period will result in a requirement that all HOM E
funds be repaid by the DEVELOPER to the COUNTY.
LONG TERM AFFORDABILITY
The HOME-assisted housing must m eet the a ffordability requi re ments for not less than the
app licab le period speci fied in the fo ll owing tabl e, beginning after project completion . The per
Big Cypress Hous in g Corporatio n
(HMI J-03)
Mult i-rnmily Project cons isting of a
Minimum ol"Ten (10) Sing l e Fam i ly Rent al
Housi ng Co nstructi on Page 2of35
11.B.d
Packet Pg. 214 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
unit amount of HOME funds and the affordabi lity period that they trigger are described more
fully below und er Recapture Prov isions.
Rental housing activity Minimum pertod of 1flord1blllty In yeera
Rehab11ilahon or acqu1sil1on ol e<1sllno housino per ool amount or HOME (lllds Under $15.000 5
$15.000 lo $40.000 10
Over $~0.000 or rehabilitation involving refinancing 15
New conslruclion or acqui5tl1on of newlv constructed housing 20
2 . Additional Rent Limitations: A rental project with five or more HOME assisted rental units ,
shall have twenty (20) percent of the HOME assisted units occupied by very low-income
families and meet one of the following rent requirements : 1) does not exceed 30 percent of the
annual income of a family whose income equals 50 percent of the median income for the areas,
as determined by HUD; and 2) The rent does not exceed 30 percent of the families adjusted
incom e. If the unit receives Federal or State project-based rental subsidy and the very low-
income family pays as a contribution toward rent not more than 30 percent of the family 's
adjusted in come, then the maximum rent (i .e. tenant contribution plus project-based rental
subsidy) is the rent allowable und er the Federal or State project based rental subsidy program;
92 .252(b)(1)(2). In accordance with 24 CFR 92.252(b), it requires that projects with five (5) or
more HOME assisted rental units have at least 2 0% of their units occupied by Very-Low-
Income (VU) 50% of AMI or less.
B. Project Component Two: Developer Fee, as specified in Ex hibit H
Items identified for funding are outlined in the budget in Section Ill .
Any funds the CHOO earns are permitted to be retained as CHDO proceeds from this project
shall be used in compliance with 24 CFR 92.300(a)(2) or as otherwise specified in this
Agreement and in accordance with Exhibit G.
II . TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22"d day of October, 2013 and end on the 31st
day of October, 2015 . Construction activities shall be completed by 2015 and the affordability period
shall cease in 2035. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the DEVELOPER remains in control of
HOME funds or other HOME assets, including program income.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available at least ONE MILLION DOLLARS AND NO
CENTS ($1,000,000) HOME Grant for the use by the DEVELOPE R during the Term of the
Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts
Big Cypress I lousing Corpora tion
(I IM 13-03)
Multi-Family Project consi sting ofa
Minimum of Ten (I 0) Single Fami ly Rental
Hou sing Co nstruction Page 3of35
11.B.d
Packet Pg. 215 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
------·-----·-------
in cl uded thereto as a result of a s ubsequent amendment(s) to the Agreement, s hall be referred to as the
"Funds"). The DEVELOPER shall be re imbursed by the COUNTY using HUD fundin g fo r allowable
co sts, d etermined by COUNTY, in an amo unt not to exceed O NE MILLION DOLLARS AND
001100 DOLLARS ($1,00 0,0 00 ) un less an additi onal $144,000 of grant fund s is a llocated by th e Board
of C ounty Commissioners in a Substantial Amendment to th e County's Action P lan. If so, th e
SUBRECIPIE NT sha ll be re im b ursed by th e C OUNTY using HUD funding fo r allowable c ost s,
determined by COUNTY, in an amount not to exceed ONE MILLION, ONE HUNDERD FORTY
FOUR THOUSAND AND 00/100 DOLLAR S ($1, 144 ,000).
The budget identified for the Rental Hous in g Construction Proj e ct shall be as follows:
Line Item Desc r iption HOME Fu n ds
Project Compone nt One: Multi -Famil y Proj ect consisting of a $ 935,000
minimum of Ten (10) S ingl e Family Rental Housin g *$144 ,000
Construction and assoc iated developme nt co sts
*$1,079,000
Project ComQonent Two: Developer Fee $ 65 ,000
Total Proiect Expenses:
SF Rental Housing Construction $935 ,000
*$144,000
Developer Fee $ 65,000
*$1.144.000
*Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC
approval
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities sha ll not be more than l 0%
and does not signify a change in scope. Fund shifts that exceed 10% between project components shall
only be made with board approval.
All services specified in Section I. Scope of Se rvices shall be performed by DEVELOPER
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and Federal requirements. The DEVELOPER shall enter into contract for improvements with the
lowest, responsive and qualified bidder. Contract administration shall be handled by the DEVELOPER
and monitored by HHVS , which shall have access to all records and documents related to the project.
Match Pursuant 24 CFR 92 .218
Match is required for HOME funds. The Developer is encouraged to provide match funds when
identified as an eligibl e source , such as contributions to housing activities that qualify as affordable
housing under the HOME program throughout a fiscal year. Contributions that have been or will be
counted as satisfying a matching requirement of another Federal grant or award may not count as
satisfying the matching contribution require ment for the HOME program . Pursuant to Florida
Big Cypress Housing Corporation
(HM l 3-03 )
Multi-Family Project con sisting of a
Minimum of Ten (10) Single Fami ly Rental
Housing Construction Page 4 of35
11.B.d
Packet Pg. 216 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
administrati ve Code 67 -37 .007 the State Housi ng Init iatives Partnership Program fund s may be used as
re quired match for HOME eli gibl e activi ti es. The County will app ly those funds as a sourc e of match
to meet the fede rall y req ui re d match comm itm ent of 25%.
The Co unt y s hall re imburse the DEVELOPER for the performance of this Ag reeme nt upon
compl etion or partial co mpl etion of th e work tasks as accepted and approv ed by HHVS pursuant to the
submittal of quarterly progress reports. DEVELOPER may not reque st disburse ment of HOM E funds
until funds are needed for the payment of e ligibl e costs, and all disburseme nt reque s ts mu st be limited
to the amount ne eded at the time of the re qu es t. However, invoices for work performed are require d
every month . DEVELOPER may expend funds only for allowab le costs resulting from obli gations
incurred during the term of this agreement. If no work has be en performed during that month , or if the
DEVELOPER is not yet prepared to send th e required backup , a $0 invoic e will be required.
Exp lanations will be required if two co ns ec utiv e months of $0 invoic es are submitted. Pay ments shall
be mad e to the DEVELOPER when requ es te d as work progresses but , not more frequently than once
per month. Re imbursement w ill not occur if DEVELO PER fails to perform th e minimum leve l of serv ic e
required by this Agreement. Fina l invoices are due no later than 90 day s after the e nd of the
agreement. Work performed during the te rm o f th e program but not invoic ed within 90 days without
vvritten exce ption from the Grant Coordinator will not be reimbursed. No payment will be made until
approved by I IHVS for grant comp liance and adherence to any and all applicable loca l, state or
Federal requirements. Payment will be made upon receipt of a properly comp leted invoice and in
compliance with §218. 70 , Florida Statutes, otherwise known as the "Local Gov ernment Prompt
Payment Act."
The following tabl e details the project de liverab les and payment schedule:
Deliverable
Proj ec t Com(;!one nt One:
Sing le Fami ly Rental
Housing Constr uct ion
Project Com~o n e nt Two:
Dev eloper Fee
Big Cypress Housi ng Co rporat ion
(HMI J-03)
Payment and/or Deliverable
Supporting Documents
Upo n invoi cin g us in g Ex hibi t B will reimburse
allowable expe nses on AIA 0702-1992 form
(attached as Ex hibit "G ") or equival ent
document per co nt ractor's Sc hedule of Values.
Supportin g documents must be provided as
back up
10% ($100,000)/*($14,400) re leased upon
Certificate of Co mpl etio n of I 0 units, fina l
waiver of lien from general contractor
Upon invoicing us ing Exhibit B and Developer
Fee documentation/as evidence d by i.e.
Cert ifi cate of Occupancy and signed lease
ag ree ment with inc ome qualified elig ibl e
tenant.
Multi -Fa mil y Project co nsist in g of a
Minimum of Ten (10) Singl e Family Re nta l
Ho using Co nstruct io n Page 5of35
Submission Schedule for
Payment and/or
Deliverable
Pa yment Reque st: Monthl y
Payment Requ es t: Per
occurrence
------
11.B.d
Packet Pg. 217 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
HOM E Mat ch Require me nt Docum e nta tion of deve lop er ac tivities De li verabl e: Q uarte rl y, as
id e ntifie d
Creation and maintenance of NIA Deliverabl e: On goin g and
in come e ligibility files on to be revi ewed during
clients served monitor in g
Ten household s wi ll benefit NIA Deliv erab le : Ongoi ng and
from thi s funding and wi ll be ev id enced by lease
low-and moderate-income agreement
(LMA) persons
Eight (8) at High HOME
rents and two (2) at Low
HOME rents
Quarterly Progress Report Exhibit D De liverable: Quarterly
Proof of Insurance Insurance certificate Deliverable: Annua ll y
within 30 days of renewal
Affirmative Plan Documents Deliverable: Within 30
Ac tion/M arketing Plan days of contract execution
and as modified
HQS In spect ion s Inspe ct ion Forms Deliverable: Annu a ll y on or
before 11 /30 for each rental
unit
Tenant Leases Signed Leases Deliverable: 30 days prior
to occupancy
Tenant Participation Plan Plan Document Deliverable: 60 days prior
to leasing
Annual Audit Audit Report with Management Letter and Deliverable: 180 days after
Exh ibit E end of fiscal year
Property Inventory Proof of continued ownership/management of Deliverable: 11 /30 ann ually
property
Milestone
Update Collier County SOP Platt and SWFWMD
Drainage Approvals as required
Obtain E nvironmental C learance
Retain Project Architect and Civil Engineer
Submit for County building Plans & obtain
approval
Bid construction contract
Select Contractor
Start construction
Construction of 10 units complete
Units Leased/Occupied
Big Cypress Hou sing Corporat ion
(HM 13-03)
Mu lti -Fam il y Project cons isting of a
Minimum ofTen ( 10) Si ngle Family Renta l
Hou sin g Const ru ction Page 6 of 35
Deadline
l/2014
1/2014
2/2014
5/2014
6/2014
7/20 14
9/20 14
10/20 15
I /20 16
11.B.d
Packet Pg. 218 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
l
IV. NOTICES
Notices required by this Agreement s hall be in wntmg and de li vered v ia mail (postage
pre paid), commercial courier, or personal deli very or sent by facsimile or other e lectroni c means . Any
notice delivered or sent as aforesa id shall be effective on the date of deliv ery or sending. All notice s
and other writt en c ommunications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
DEVELOPER
ATTENTION: Rosa Munoz, Grant Coordin ator
333 9 E Tamiami Trail, Suite 2 11
Naples, Florida 34112
mailto:RosaMunoz@Co lliergov.net
239-252-57 13
ATTENTION: Steve Kirk, President
Big Cypress Housing Corporation
P.O. Box 343529
Florida C ity, FL 33034
mai Ito :mai I tokirkn et @yahoo .co m
305 -242-2 142
V . ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from HOME grant funds from HUD and must
be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing HOME funds pertaining to this Agreement. In th e event of
curtai lm ent or non-production of said federal funds , the financial sources necessary to continue to pay
the DEVELOPER all or any portions of the funds will not be available. In that event, the COUNTY
may terminate this Agreement, which termination shall be effective as of the date that it is determined
by the County Manager or designee, in his-her so le discretion and judgment, that the Funds are no
longer available. In the event of such termination, the DEVELOPER agrees that it will not look to, nor
seek to hold the COUNTY, nor any individual member of t he County Commissioners and /or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall be
released from any further liability to DEVELOPER under the terms of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
Big Cypress Hous ing Corporati on
(HM!J-03)
Mult i-Family Project consi sting of a
Minimum of Ten (IO) Single Family Rent a l
Housing Constru ction Page 7 of 35
11.B.d
Packet Pg. 219 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
B. GENERAL COMPLIANCE
The DEVELOPER agrees to comply w ith the requirements of 24 CFR Part 92 of HOME
Investment Partnerships Program Grants including subpart II of these regu lations, except that (1) the
DEVELOPER does not assume the recipient 's environmental responsibilities describ ed in 24 CFR
93.352 and (2) the DEVELOPER does not ass um e the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Parts 50 and 58. The DEVELOPER a lso agrees to
comp ly with a ll other applicable Federal, state and local laws, regulations, and policies governing the
funds provided under this contract. The DEVELOPER further agrees to utilize funds avai lable under
this Agreement to supplement rather than supplant funds otherwise available.
HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published
on 7-24-13, all new applicable regulations apply and are hereby incorporated by reference.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the re lationship of employer/employee between the parties . Th e DEVELOPER
shall at all times remain an "independent contractor" with respect to the services to be performed under
this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, li fe and/or medical insurance and Workers ' Compensation Insuranc e, as the
DEVELOPER is an independe nt contractor.
D. AMENDMENTS
The COUNTY and/or DEVELOPER may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement , and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Grantee's governing body.
Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or
DEVELOPER from its obligations under this Agreement. No amendments to this agreement will be
granted ninety (90) days prior to end date of this agreement.
T he COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or
lo cal governmental guidelines, policies and available funding amounts, or for other reasons . If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both Grantee and DEVELOPER.
Expiration of Agreement: If the DEVELOPER does not complete the project within the time
period, the COUNTY Manager or designee may subject to HOME program requirements, grant a
cumulative time extension of no more than 180 days and modify any subsequent project work plans to
reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of
the Agreement.
E. INDEMNIFICATION
Big Cypress Housing Corporati on
(HM13-03)
Multi-Family Project consisting of a
Minimum of Ten ( 10) Single Fami l y Rental
Housing Constructi on Page 8 of35
--------
11.B.d
Packet Pg. 220 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
To the maximum extent permitted by Florida law , the DEVELOPER shall indemnify and ho ld
harmless Collie r C ounty , it s office rs, agents and employees from any and a ll c la ims, liabiliti es,
damages, losses, costs, a nd cause s of action which may arise out o f an act , o missio n, including, but not
limited to , rea sona bl e attorneys' fe e s and paral egal s ' fe es , to th e exten t caused by th e negli gence,
recklessness, or intentionally wrongful c onduct o f the D EV ELOPER or a ny o f its agents , o ffic e rs ,
se rvants , employees, contractors , patrons , gu est s , clients, licensee s, in v it ees, or any persons acting
under the direction, control, or supervision of th e D EV E LOPER in the p erformance of thi s Agreement.
This ind emnification obligation shall not be construed to negate, abridge or reduce any othe r ri g hts or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph . The DEVELOPE R s hall pay all claims and losses of any nat ure w hats oever in c onnection
therewith and shall defend all suits in the name of the COUNTY and sha ll pay all costs (in cluding
attorney 's fees) and judgments which may issue thereon. This Indemnification shall survive the
termination and/or expiration of this Agreement. Thi s section does not p e rtain to any incident arising
from the sole negligence of Collier County. The foregoing indemnification shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Section 768.28 , Florida Statutes. This
section shal l survive the expiration or termination of this Agreement.
F. GRANTEE RECOGNITION/SPONSORSHIPS
The DEVELOPER agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research re ports and similar public
notices prepared and released by the DEVELOPER for, on behalf of, and/or about the Prog ram shall
include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND
VETERAN SERVICES DEPARTMENT"
and shall appear in the same size letters or type as the name of the DEVELOPER. This design concept
is intended to disseminate key information regarding the development team as well as Equal Housing
Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes.
G . DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either
the Grantee or the DEVELOPER, in whole or in part, by setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be terminated. However, if in
the case of a partial tennination, the Grantee determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, the Grantee may t erminate the award in its
entirety.
Big Cy press I lou sin g Corporation
(HM13-03)
Multi-Family Projec t con sisting of a
Minimum of Ten (I 0) Singl e Family Re ntal
Housing Con struction Page 9of35
11.B.d
Packet Pg. 221 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
(A) The foll owing action s or inactions by DEVELOPER sha ll con stit ute a Defaul t under
thi s Agreement:
l . Failure to comply with any of th e rules, regulat ions or provis ions re ferred to herein ,
or such statutes, r egulations, exec utiv e order s, and HUD g uide lines, polici e s or
directives as may become a ppli cabl e at any time;
2 . Failure, for any reason, of the D EVELOPER to fulfill in a time ly and prop er mann er
its obligations under this Agreement ;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by th e DEVELOPER to the Grantee re ports that ar e incorrect or
incomplete in any material respect ;
5. Submission by the DEVELOPER of any false certification ;
6. Failure to materially comply with any terms of this Agreement; and
7. Fai lure to materially comply with the terms of any other agreement between the
County and the DEVELOPER re lating to the project.
In the event of any default by DEVELOPER under this Agreement, the County may seek any
combination of one or more of the following remedies :
l. Require specific performance of the Agreement , in whol e or in part;
2. Require t he use of or change in professional property management ;
3. Require immediate repayment by DEVELOPER to the County of all HOME funds
DEVELOPER has received under this Agreement;
4. Apply sanct ions set forth in 24 CFR 92 , if determined by the County to be
applicable;
5. Stop all payments unti l ident ified defic iencies are corrected;
6. Terminate th is Agreement by giving written notice to DEVELOPER of such
term ination and specifying the effective date of such termination. If the Agreement
is terminated by the County as provided herein, DEVELOPER shall have no claim
of payment or claim of benefit for any incomplete project activities undertaken
under this Agreement.
VII. REVERSION OF ASSETS
Big Cy press Hou sin g Corporalion
(I IM 13 -03)
Multi-Family Projec l consisting of a
Minimum ofTen ( 10) Single Fam ily Rental
Hou s in g Con struc tion Page 10of35
11.B.d
Packet Pg. 222 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
In the event of a termination of this Agreement or upon expiration of the Agreement and in
addition to any and all other remedies available to the COUNTY (whether under this Agreement or at
law or in equity) the DEVELOPER shall immediately transfer to the COUNTY any fonds on hand at
the time of termination (or expiration) and any accounts receivable attributable to the use of HOME
funds per 24 CFR 92.504(2)(vii).
The COUNTY's receipt of any fonds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse DEVELOPER's obligation) to recoup all or any portion of the funds, as
the COUNTY may deem necessary.
Title to equipment acquired by DEVELOPER shall vest with the DEVELOPER, subject to the
conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the DEVELOPER upon
acquisition subject to the conditions outlined in 24 CFR 84.35.
The County will enforce affordability for the property through deed restrictions upon completion of the
project.
Recapture Provisions
The COUNTY may choose to recapture the entire amount of HOME assistance or a reduced amount
on a pro rata basis for the time the DEVELOPER has owned the housing measured against the required
affordability period. The net proceeds may be divided proportionally as set forth in the following
mathematical formulas:
----~D=ir""e"'ct'-'-H""O"'M=E"-"S"'u"'b""si,,,d""v ___ X Net proceeds = HOME recapture Direct HOME
Subsidy + Developer investment
Developer Investment X Net proceeds= amount to Developer
HOME Subsidy+ Developer investment
The COUNTY may permit the DEVELOPER to recover the DEVELOPER'S entire investment
(capital improvements made by the DEVELOPER since completion) before recapturing the HOME
investment. Any HOME investment recaptured by the COUNTY shall be deposited to the
Jurisdiction's HOME account for future use towards eligible activities.
VIII. INSURANCE
DEVELOPER shall not commence any work and/or services pursuant to this Agreement until
all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at
all times during its performance.
Big Cypress I-lousing Corporation
(HM 13-03)
Multi-Fmnily Project consisting of a
Mini1nu1n of Ten ( 10) Single Family Rental
I-lousing Construction Page 11 of35
11.B.d
Packet Pg. 223 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAM JNA TION OF RECORDS
T h e DEVELOPER sha ll ma intain sufficien t rec ords in acc orda nce with 24 CFR 92 .5 08 to
determine compli ance w ith the re qui rements o f thi s Agree ment , the HOME Program and all other
applicabl e la ws and regul ations. This docume ntation shall inc lude , but not be li mited to , th e following :
B. DOC UMENTATI ON AN D RECORD K EEPING
1. All rec ord s require d by HOME.
2. DEVELOPE R shall ke e p and mainta in public rec o rds that ordinarily and necessar ily
would be re quired by C OUNTY in order to perform the servi ce .
3 . All reports , pl ans, surveys, inform ation , documents, maps , books , records a nd other data
pr ocedures developed, p repared, ass embl ed , or completed by th e DEVELOPER for the
purpose of this Agre ement shall be made available to the COUNTY by the
DEVELOPER at any time upon request by the COUNTY or HHV S. Mate rials
identified in the p re vious sente nce shall be in accordance with generally ac cepted
accounting p rinciples, procedures and practices, which suffic iently and properly reflect
all revenues and ex penditures of funds provided directl y o r indirectl y by this
Agreement, including matching funds and Program Income . These re cords shall be
maintained to the extent of such deta il as will properly refl ect a ll net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and ex penses
of whateve r nature for which re imbursement is claimed under the provisions of this
Agreement.
4 . Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS if
requested. Jn any event the DEVELOPER shall retain all documents and recor ds in a
readily accessible, permane nt location for four (4) years after project completion ;
provided, however, that records of individual tenant income verifications, proj ect rents
and project inspections must be retained for the most recent five year peri od , until five
years after the affordability period terminates . Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records
cited and that have commenced before the expiration of the fiv e (5) year period, such
records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five (5) year period, whichever occurs later. The COUNTY shall
be informed in writing if an agency cease s to exist after closeout of this Agreement of
the address where the records are to be kept as outlined in 24 CFR 85.42. Meet all
requirements for retaining public records and transfer , at no cost, to COUNTY all
public records in possession of the DEVELOPER upon te rmination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
Bi g Cy pre ss Hou sin g Corporation
(HMl3-03)
Mu lti-Family Proj ect consi sting of a
Minimum of Ten (I 0) Single Family Rental
I-lou sing Con struction Page 12of35
11.B.d
Packet Pg. 224 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
pro vided to th e COUNTY in a form at that is compati ble with the information
technology syste ms of the public agency.
5 . T he DE VELOPER shall maintain reco rds s howing compliance w ith the Davis -Bacon
Law, including fil es containing contractor payroll s, employee interviews , Davis-Bacon
wage rates, and administrative cross-re ferencing. DEVE LOP ER shall maintain records
showing contractor comp liance with the Contract Work Hours and Work Safety Law.
Similarly, the DEVELOPER shall maintain records showing compliance with federal
purchasing requirements and with other federa l requirements for grant implementation .
6. The DEVELOPER will be responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible under
HUD Income Guidelines. The DEVELOPER shall ensure all tenant files comply with
income determination as specified in 24 CFR 92 .203 and 92 .253. The DEVELOPER
agrees that HHVS shall be the final arbiter on th e DEVELOPER's compliance .
7. Provide the public with access to public records on the same terms and conditions that
th e public agency wou ld provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law. DEVELOPER shall ensure
that public records that are exempt or confidential and exempt from public records
disclosure requireme nts are not disclosed except as authorized by law.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement as deemed necessary by the County Manager or designee.
During the term, DEVELOPER shall submit quarterly progress reports to the COUNTY on the
15th day of January, Apri l, July and October respectively for the prior quarter period end. As part of the
report submitted in October, the DEVELOPER also agrees to include, a comprehensive final report
covering the agreed-upon Program objectives, activities and expenditures and including, but not
limited to , performance data on client feedback with respect to the goals and objectives set forth in
Exhibit "D ". Exhibit "D" contains an examp le reporting form to be used in fulfillment of this
requirement. Other reporting requirements may be required by the County Manager or their designee
in the event of Program changes; the need for additional information or documentation arises; and/or
legislative amendments are enacted . Reports and/or requested documentation not rece ived by the due
date shall be considered delinquent and may be cause for default and termination of this Agreement.
During the term, DEVELOPER shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than t 80 days after t he DEVELOPER's fisca l year end. The COUNTY will
conduct an annual financial and programmatic review .
The DEVELOPER agrees that HHVS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary. At the COUNTY 's discretion, they
Big Cypre ss Housing Corporation
(HM 13-03)
Multi-Family Project consistin g of a
Minimum of Ten ( 10) Single Family Renta l
Hou sin g Construction Page 13of35
11.B.d
Packet Pg. 225 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
may impose a reasonable monitoring charge. Fee s are based on average staff time and costs of
materials. Ongoing monitoring fees may be included in the project underwriting. In addition , the
COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR
92.504(d)(i) and HQS inspections shall be completed in accordance with 24 CFR 92.209(i). Also , at
the COUNTY 's discretion, a desk top review of the activities may be conducted in lieu of an on-s ite
visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The
DEVELOPER shall , upon the request of HHVS, submit infonnation and status reports required by
HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports
required. The DEVELOPER shall allow HHVS or HUD to monitor the DEVELOPER on si te. Such
site visits may be sc heduled or unscheduled as detennined by HHVS or HUD.
D. ADDITIONAL IIOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND
HUD REQUIREMENTS
The DEVELOPER agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, s hall be made by purchase
order or by a written contract and in conformity with the thresholds of Collier County Purchasing
Policy.
P h . Thr h Id P I' urc as mg es o 0 ICY
Dollar Range ($) Quotes
Under $3K l Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid (IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the DEVELOPER shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit and in compliance with 24 CFR 92.504.
G. GRANT CLOSEOUT PROCEDURES
DEVELOPER's obligation to the COUNTY s ha ll not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. Any balance of unobligated funds which have been advanced or paid must be
Big Cypress Hous ing Corporat ion
(HMl3-03)
Multi-Family Project cons isting of a
Minimum of T en ( 10) Single Family Rental
Hou si ng Construction Page 14of35
11.B.d
Packet Pg. 226 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
returned to the County. Any funds paid in excess of the amount to which th e DEVELOPER is entitled
under th e terms and conditions of this Agre ement must be refunded to th e COUNTY . In addition to
the records retention outlined in Section IX .B.3, th e DEVELOPER shall comp ly with Section 119.0 21
Florid a Statutes regarding records maint enanc e, pres ervation and retention. DEVELOPER shall also
produce records and information that compl ies with Section 215.97, Flo rida Single Audit Act. The
County will record a Mortgage , Deed and Note for each property upon comp letion of each HOME
unit. Developer shall execute any additional docum ents and provide additional information as may be
necessary for the County to enter into these additional documents.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RJGHTS COMPLIANCE
The DEVELOPER agrees that no person shall be excluded from th e benefi ts of, or be subjected
to , di scr imination und er any activity carried out by the performance of this Agreement on the basis of
race, color, disability , national origin , religion , age, familial status, or sex . Upon receipt of evidence of
such discrim ination , the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, low er-inc ome residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The DEVELOPER shall comply with Section 3 of
the Housing and Community Development Act of 1968 .
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNE D BUSINESS
ENTERPRISES
The DEVELOPER will use its best efforts to afford small businesses , minority business
enterprises, and women 's bu siness enterprises the maximum practicable opportunity to participate in
the perfom1ance of this contract. As used in this contract , the terms "small business" means a business
that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (I 5 U.S.C . 632),
and "minority and women's business enterprise" means a business at least fifty-one (51) percent
owned and controlled by minority group members or women. For the purpose of this definition,
"minority group members" are Afro -A mericans , Spanish-speaking, Spanish surnamed or Spanish-
heritage Americans , Asian-Americans, and American Indians. The DEVELOPER may rely on written
representations by businesses regarding their status as minority and female business enterprises in lieu
of an independent investigation.
C. PROGRAM BENEFICIARIES
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low-and moderate-income persons . If the proj ect is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries
directly assisted under this Agreement must res ide in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program . The project shall
Big Cypress Housing Co rporation
(HM 13-03)
Multi -Fam il y Project consisting of a
Minimum of'Ten (10) Single Famil y Rental
Housing Co nstruction Page 15 of35
11.B.d
Packet Pg. 227 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
ass ist be neficiari es as defined a bove for th e time period desi gnated in Exh i bit "D" of thi s A greement.
In accordance with 24 C FR 92 .2 52(b), requires that projects with fiv e (5) or more HOME assisted
rental units have at least 20% of their units occupied by Very-Low-Income (VLI) 50% of A MI or less.
D . AFFIRMATIVE A CTION/MARKETING PLAN
The DE VELOPER agrees that it shall be committed to carry out pursuant to the COUNTY 's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executiv e Order 11246 of September 24, 1966 . The COUNTY shall provide Affirmative Action
gu ide lines to the DEVELOPER to assist in the formulation of such program. The DEVELOPER shall
submit a plan for an Affirmative Action Program for approval prior to the award of funds. T he
Affirmative Actio n/Marketing Plan will need to be updated throughout the affordabi lity period and
submitted to County within 30 days of update/modification.
E. CONFLICT OF INTEREST
The DEVELOPER covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financia l interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with
the perfo1mance of this Agreement and that no person havin g any conflict of interest shall be employed
by or subcontracted by the DEVELOPER. The DEVELOPER will notify the COUNTY in writing and
seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by
a covered person or an en tity owned or controlled in whole or in part by the DEVELOPER. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs
are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit DEVELOPER's abi lity to se lf-manage the project usin g its own
employees. Any possible conflict of interest on the part of the DEVELOPER or its employees s hall 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 req uirement that maximum opportunity be
provided for employment of and participation of low and moderate-income residents of the project
target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section and 24 CFR 92.257. The
DEVELOPER sha ll comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion
b . It will not discriminate against any person applying for public serv ices on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion
Big Cypress I-lou s in g Corporalion
(HMl3-03)
Multi-Family Project consis tin g of a
Minimum ofTen (I 0) Single Family Rental
Housing Construction Page 16of35
11.B.d
Packet Pg. 228 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
c. It will reta in its independence from Federal , State and local governments and may continue
to carry out it s mission, including the definition, practice and expression of its religious
be liefs , provided that it does not use direct HOME funds to support any inherently religious
activities, such as worship, religious instruction or prose lytizing
d. The funds s hall not be us ed for the acquisition, construction or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure
is used for both eligible and inherently re ligious activities, HOME funds may not exceed
the cost of those portions of th e acquisition , construction or rehabilitation that are
attributable to e li gibl e activiti es in accordance with the cost accounting requirements
applicable to HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME
funded religious congregation us es as its principal place of worship, however, are ineligible
for HOME funded improvements .
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the va lid ity or enforceabi lity of any other section or part thereof.
REMAINDER OF PAGE INTENTIONLALL Y LEFT BLANK
Big Cypress I-lou sing Corporation
(HM 13 -03)
Multi-Fnmil y Project consisting of a
Minimum ofTen (10) Sin gle Family Rental
Housing Const ruction
SIGNATURE PAGE TO FOLLOW
Page 17of35
11.B.d
Packet Pg. 229 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
IN WITNESS WHEREOF , the DEVELOPER and the County, have each, resp ectiveJy, b y an
authori zed person or agent , hereunder set their hand s and seals on thi s __ day of
______ ,20 13.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy C lerk
(SEAL)
Big Cypress Hous in g Co rpor at ion
(HM I J-03)
Multi -Family Project consisti ng of a
Minimum of Ten (10) Sin g le Famil y Rent al
Hou sin g Construction
BOARD OF COUNTY COMMISSIONE RS OF
COLLIER COUNTY, FLORIDA
By: ______________ _
GEORGIA A . HILLER, ESQ., CHAIRWOMAN
DEVELOPER Name and Tit le
Approved as to form and legali ty:
J ennifer A. Belped io
A ssi stant County Attorney
Page 18 of35
11.B.d
Packet Pg. 230 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHI BI T "A"
INSURANCE REQUIREMENTS
The DEVELOPER shall furnish to Collier County , c/o Housing, Human and Vete ran Services
Department, 3339 E. Tamiami Trail , B lqg H Suite 211, Naples, Florid a 34112, Certificate(s) of
Insurance evidencin g insurance coverage that meets the requ irements as outlined below:
1. Workers ' Compensation as require d by Chapter 440, Florida Statutes.
2 . Commercia l Ge neral Liabili ty inc lud ing products and completed operation s in s urance
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Co lli er County
must be shown as an add itiona l insured w ith respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection wi th thi s contract in an amo unt not les s than $1 ,000 ,000 combined si ngle
limit for combined Bodily Injury and Property Damage. Coll ier County shall be named
as an additional insured.
DESIGN STAGE (IF APPLI CABLE)
In addition to the insurance requ ired in 1 -3 a bo ve, a Certificate of Insuran ce must be provided
as follows:
4. Professional Liability In s urance in the name of the DEVELOPER or the li censed design
professional employed by the DEVELOPER in an amo unt not less than $1 ,000,000 per
occurrence/$1 ,000 ,000 aggregate providing for all sums w hich the DEVELOPER
and/or the des ign professional shall become lega lly obligated to pay as damages for
claims arising out of the services performed by the DEVELOPER or any person
employed by the DEVELOPER in co nnection with thi s contract. This insurance shall
be maintained for a period of two (2) years after the certificate of Occupancy is issued.
Collier County shall be named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in l -4 above, the SUBRECTPEINT shall provide or
cause it s Subcontractors to provide original certificates indicating the follow ing types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (I 00%) percent of the insurable value of th e building(s) or
structure(s). The policy shall be in the name of Collier County and the DEVELOPER.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42
U .S.C. 4001), the DEVELOPER shall assure tha t for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as ha ving special
flood hazards, flood insurance under the National Flood Insurance Program is obtained
Big Cypress Housing Co rporation
(HM l 3-03)
Mul ti-Family Project consisting of a
Minimum of Ten ( 10) Si ngl e Fam il y Renta l
Housing Construction Page 19of35
11.B.d
Packet Pg. 231 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
and maintained as a condition of financial assistance for acquisition or construction
purposes (including rehabilitation).
OPERA T!ON/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or contract:
8. Workers' Compensation as required by Chapter 440, Florida Statutes.
9. Commercial General Liability including products and completed operations insurance
in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County
must be shown as an additional insured with respect to this coverage.
10. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with this contract in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County as an additional
insured.
11. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.l.M.A.
12. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
Big Cypress Housing Corporation
(HM13·03)
Multi~Family Project consisting of a
Minimum of Ten (10) Single Family Rental
Housing Construction Page 20 of35
11.B.d
Packet Pg. 232 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Big Cypress Housing Corporation CBCHC)
Sub recipient Address: P.O. Box 343529/193008 SW 380'0 Street, Florida City, FL 33034
Project Name: Single Family Rental Housing Construction
Project No: l-IMl3-03 Payment Request # _____ _
Dollar Amount Requested: "'----------
SECTION II: ST A TUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests)
$ ________ _
$
$
$
$ _______ _
$
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator ______ _
Supervisor _______________ (approval authority under $14,999)
Dept Director ______________ (approval required $15,000 and above)
Big Cypress I-lousing Corporation
(HMIJ-03)
Multi-Fan1ily Projecl consisting of a
Minimum of Ten ( 10} Single Family Rental
Housing Construction Page 21 of35
11.B.d
Packet Pg. 233 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXIDBIT "C"
RELEASE AND AFFIDAVIT FORM
CONSTRUCTION ONLY
The DEVELOPER certifies for itself and its contractors that all charges for labor, materials,
supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a
demand against any payment bond might be filed, have been satisfied and paid. This document is in
compliance with Florida Statutes Chapter 713.02 Part 1-Waiver or Release of Liens.
This Release and Affidavit is given in connection with the DEVELOPER's (monthly/final)
Request for Payment.
Big Cypress Housing Corporation (BCHC)
Witness:
ITS: President
DATE:---------
Print name and title
STATE OF ______ _
COUNTY OF _____ _
The foregoing instrument was acknowledged before me this __ day of ---------
20_, by , as of
-----------A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
Printed)
(AFFIX OFFICIAL SEAL)
Big Cypress Housing Corporation
(HMIJ-03)
Multi~Family Project consisting of a
Minimum of Ten (IO) Single Family Rental
Housing Construction
(Signature)
Name: __________ _
(Legibly
Notary Public, State of: -------
Commission No.: ______ _
Page 22 of35
11.B.d
Packet Pg. 234 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipi ents: Please fill in the following s haded areas of the report
Agency Na me: Big Cypress Housing Corporation (BCHC)
Project Title: Single Family Rental Hou sing Construction
Program Contact: Steve Kirk, President
Telephone Number: (305) 242-2142
•REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period): 0 01/31/1 4 04/30/14
Date:
A lternate
Contact:
07/31/14 0 10/31/14 0
Please take note: Each quarterly report needs to inc lude cu mulative data beginning from the start of th e agreement date of September 24, 2013.
Please list t he outcome goal(•I from your approved application & s ub-recipient agreement and Indicate your progress In meeting
1. t hose aoals since September 24, 2013.
A. Outcome Goals: li st the outcome goal(s) from your approved applica tion & sub-recipient agreement.
Miiestone
Completion of Environmental Clearance
Submit for County building permits
Obtain SDP & SFWMD approvals
Obtain County building permits
Prepare and solicit for construction contract
Approve and award construction contract
Start construction
Construction of 10 units complete
Lease Agreements Complete
B. Goal Progress : Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Big Cypress Housing Corporation
(HMIJ-03)
Multi -Fami l y Project con sist ing of a
Minimum of T en ( 10 ) Sing le Family Rental
Hou sing Constru ction Page 23 of 35
11.B.d
Packet Pg. 235 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
2.
3.
a.
b.
c.
4.
, : .~ ,· < -,_ -
' --:--· ,\;'.----_-
--.·,~ ,
...now have new access (continuing) to this seNice or benefit? I
. .. now has improved access to this service or benefit?
... now receive a service or benefit that is no longer substandard?
Section 108 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State I Local Funds
Total Other Funds
Big Cypress Housing Corporation
(HM13-03)
Multi-Family Project consisting of a
Minimum of Ten (to) Single Family Rental
Housing Construction
$
Page24 of35
TOTAL: 0
Total
Entitlement
Funds
$
11.B.d
Packet Pg. 236 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "D"
UARTERLY PROGRESS REPORT
6.
a. Total No. or adult females served: 0 Total No. of fem ates served under 18: 0
b. Total No. of adult males served: 0 Total No. of males served under 1 B: 0
TOTAL: 0 TOTAL: 0
c. Total No. of families served: 0 Total No. of female head of household: 0
6. What la the total number of UNDUPLICATED clients served since October. tfa licable? .. Total number of adult females served: O Total number of females served under 18: 0
b. Total number of adult males served: O Total number of males served under 18: O
TOTAL: -~O~-TOTAL: __ O_
e. Total No. offamll!es served: 0 Total No. of female head of household: O
Comelete EITHER auastlon #7 OR #8. Complete question ill if your program .2!lbl: serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question'!!§: if any client In your program does not fall into a Presumed Benefit category
DO NOT COMPLETE BOTH QUESTION 7 ANO 9.
7. !PRESUMED BENEFICIARY DATA:.
Indicate the total number of IJNDl!pLfCATFQ
persons served since October 1 who fall into
each presumed benefit category (the total
should equal the total in question #G):
Report as:
0 Abused Chlldren
0 Homeless Person
0 Battered Spouses
0 Persons w/ HIV/AIDS
0 Elderly Persons
0 Veterans
0 Chronically/ l'v'lentally ill
0 Physically Disabled Adults
0 Other-Youth
0 TOT AL: ---"'----
r
9. IRaelal& Ethnic Data: l(ltappllcable)
•• loTHER BENEFICIARY DATA:. INCOME RANGE
Indicate the total numb.r of llNDl/PI ICATFQ persons
served since October 1 who fall Into each Income
category (the total should equal the total in question #6):
Report as:
0, Extremely low Income (0-30%)
O Low Income (31-50%)
0 Moderate Income (51-80%)
0 Above Moderate Income (>80<'.%)
TOTAL: 0
Please Indicate how many UNpUpLICAJEP clients served since October fall Into each race category. In addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE
White
Black/African American
Asian
American Indian/Alaska Native
Native Hawaiian/Other Pacific Islander
American lndle.n/Alaskan Native & White
Black/African American & White
Am. lndlan/Alaska Native & Black/African Am.
Other Mult!-racial
Other
TOTAL:
Name:
Title:
Big Cypress I lousing Corporation
(HMIJ-03)
Multi-Family Project consisting ofa
Minimum of Ten (JO) Single Fmnily Rental
Housing Construction
0
0
0
0
0
0
Q
0
0
0
ETHNICITY
: of whom, how many are Hispanic?
O : of whom, how many are Hispanic?
O ; of whom, how many are Hispanic?
0 : of whom, how many are Hispanic?
0 ; of whom, how many are Hispanic?
O : of whom, how many are Hispanic?
0 : of whom, how many are Hispanic?
0 ; of whom, how many are Hispanic?
Q : of whom. how many are Hispanlc?
O ; of whom, how many are Hispanic?
__ O_TOTAL HISPANIC
Signature:
Page 25 of35
Your typed name here represents your eleclronlc
signature
11.B.d
Packet Pg. 237 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EX H I BI T "E"
ANNUAL AUDI T M ONIT O R ING REP O RT
OMB Circu lar A-133 Audits of States, Local Governments, and Non -Profit Organ izations requires the Co lli er
County Housing, Human and Veterans Services Department to monitor our sub recipi e nts of fe deral awards
and determine whether they have met the audit requirements of the ci rcu lar and whether they are i n
compliance with federal laws and regulation s. Accordingly, we are requiring that you check on e of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, si!:m and date this form .
Sub recipient
Name Big Cypress Housing Corporation (BCHC) Fiscal Year
Period
Total State Fin ancial A ssistance Expended during
most recently completed Fisca l Year $
Total Federal Financ ial Assistance Expended during most
recently completed Fiscal Year $
0
D
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expend iture threshold for our fiscal year end ing
as in d icated above and have completed our Circu lar A-133 audit. A copy of the audit report
and management letter is attached .
We exceeded the $500,000 federa l/st ate expenditure threshold for our f iscal year ending as
indicated above a nd expect to complete our Circu lar A -133 audit by . Within
30 days of completion of the A-133 audi t , we will provide a copy of the aud it report and
management letter.
We are not s ubj ect to the requirements of OMB Circular A-133 because we :
o Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
o Are a for-profit organization
o Are exempt for other reasons -explain ______________ _
An a udited financial statement is attached and if applicab le, the independent a uditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify th at the above information is true and accurate.
Signature
Print Name and Title
Big Cyp ress Hou sing Co rp orat io n
(HM 13 -03)
Multi-Famil y Project consi sting ofa
Minimum of Ten ( 10 ) Sing le Fam il y Renta l
Hou sing Construction Page 26 of35
Date
11.B.d
Packet Pg. 238 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "F"
LOCA L AN D FEDERAL RULES , REG ULATIONS AND LAWS
I. The Fair Hous ing Act (42 U .S .C . 3601 -20) and imple me nting regulations at 2 4 C FR Part 100;
Executive Order 11063 , as amended by Executive Order 12 2 59 (3 C FR 195 8 B 1963 Comp., P. 65 2
and 3 CFR 1980 C omp., P . 307) (E qua l Opportunity in Hous ing) and impl e m enting regulations at
2 4 C FR Part 107; and of the C ivil Right A ct of 1964 (42 U .S .C. 2 000d) (Nondi scr imination in
Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1.
2 . Title VI of th e Civil Rights Act of 1964 as amended, Title VIII of the C iv il Rights Act of 1968 as
amended, Title VI of the 1984 Civil Rights Ac t , 4 2 USC § 2 000d, et. seq
3. 24 CFR 570.601 Subpart K - T he regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
4 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
113 75 and 12086 -which establishes hiring goals for minorities and women on proj ects assisted
with federal funds and as supplemented in Department of Labor regulations .
5. Title VII of the 1968 Civil Rights Act as amende d by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The DEVELOPER will, in all solicitations or advertisements for
employees placed by or on behalf of the DEVELOPER, state that it is an Equal Opportunity or
Affirmative Action employer.
6. 24 CFR 135 -Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135 , and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the DEVELOPER and any of the DEVELOPER's Sub-recipients and subcontractors.
Failure to fulfill these requirements shall subject the COUNTY, the DEVELOPER and any of the
DEVELOPER's Sub-recipients and subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The DEVELOPER
certifies and agrees that no contractual or other disability exists that would prevent compliance
with these requirements.
The DEVELOPER further agrees to comply with these "Section 3 " requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U .S.C. 1701). Section 3 requires that to the greatest
Big Cypress I-lousing Corporation
(HMIJ-03)
Multi-Fami l y Proje ct con sisting or a
Minimum ol'Ten (10) Single Family Renta l
Housing Construction Page 27of35
11.B.d
Packet Pg. 239 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
extent feasible opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low-and very low-income persons residing in the
metropolitan area in which the project is located."
The DEVELOPER further agrees to ensure that opportun ities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to
low-and very low-income pe rsons residing within the metropolitan area in which the HOME-
funded project is located; where feasib le, priority should be given to low-and very low-income
persons within the service area of the project or the neighborhood in which the proj ect is
located, and to low-and very low-income participants in other HUD programs; and award
contracts for work undertaken in connection with a housing re habilitation (includin g reduction
and abatement of lead-based paint hazards), housing construction, or other publi c construction
project to business concerns that provide economic opportunities for low-and very low-income
persons residing within the metropolitan area in which the HOME-funded proj ect is located;
where feas ible, priority should be given to business concerns that provide economic
opportunities to low-and very low-income residents within the service area or the
neighborhood in which the project is located, and to low-and very low-income participants in
other HUD programs.
The DEVELOPER certifies and agrees that no contractual or other legal incapac ity exists that
wou ld prevent compliance with these r equirements.
7. Age Discrimination Act of I 975, Executive Order 1 I 063 , and Executive Order 11246 as amended
by Executive Orders 11375 , 11478, 12107 and 12086 .
8. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
9. Section 504 of the Rehabilitation Act of 1973 , 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
10. The Americans with Disabilities Act of 1990
11. Uni form Relocation Assistance and Real Property Acqu isition Policies Act of 1970, as amended.
12. 29 CFR Parts 3 and 5 -Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by COBO and HOME.
(See 42 USC 276a and 24 CFR 135.1 l(c)).
13. Executive Order 11914 -Prohibits discrimination with respect to the handicapped in federa ll y
assisted projects.
Big Cy pres s Housing Corporation
(HMl3-03)
Multi-Family Project co nsisting of a
Minimum of Ten ( 10) Sing le Fam il y Rent a l
Hou si ng Co nstruction Page 28 of 35
11.B.d
Packet Pg. 240 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
14. Execut ive Order 11625 and U.S. De partment of Ho us in g an d Ur ban Developm ent Circu lar Le tt er
79-45 -whi ch pr esc ribes goa l percent ages for parti c ip ation of min ority bu sin esse s in CDBG and
HOME Co ntracts.
15. Th e DEVELOPE R ag rees to co mpl y with the non -di sc riminat ion in emplo yment and contrac tin g
opportuniti es laws , regulations , and exec utive ord ers referenced in 24 CFR 570 .607 , as revi se d by
Executive Ord er 13 279. The a pplicabl e non -di sc rimination prov isions in Sec tion 109 of th e HCDA
are still applicable .
16. Public Law I 00-430 -the Fair Housing Amendm ent s Act of 1988.
17 . 24 CFR 84 -Uniform Admini strative Requirements for Grants and Agree ments with In stitutions of
Higher Edu cation , Hospita ls and Other Non-Profit Organizations and sp ec ified by th e following
subsections:
• Subpart A -Genera l;
• Subpart B -Pre-Award Requirement s, exc ept for 84.12 , Form s for Appl ying for Fed eral
As sistance;
• Subpart C -Post-Award Requirements , except for:
o Sect io n 84 .22 , Payment Requirements-Grantees shall follow the standards of
85.20(b)(7) and 85 .21 in making paym ents to DEVELOPERS ;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24 , Program Income -in li eu of 84.24 CDBG and HOME
DEVELOPERs shall follow 570.504;
o Section 84 .25, Revision of Budget and Program Plans ;
o Section 84.32 , Real Property -In li eu of 84.32, CDBG and HOME DEVELOPER 'S
shall follow 570.505;
o Section 84.34(g), Equipment -In lieu of the disposition provisions of 84.34(g) the
fo llo wing app li es:
• In a ll cases in which equipment is so ld , the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG or HOME funds were
used to acquire the equipment); and
• Equipment not needed by the DEVELOPER for CDBG or HOME activities
shall be transferred to the recipient for the HOME program or shall be
retained after compensating the recipient;
o Section 84.35, Supplies and oth er Expendab le Prop erty
o Section 84 .Sl(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance ;
o Section 84 .52, Financial Reporting ;
o Section 84.53(b), Retention and Access Requirements for Records . Section 84.53(b)
app li es with the fo llo wing exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG
or HOME activities sha ll be four years; and
• The retention period starts from the date of submission of the annual
performance and evalu ation report , as pre scribed in 24 CFR 91.520, in
Big Cy press Hou sin g Co rpo ration
(HM13-03)
Multi-Family Proj ec t cons isting o f a
Min imum ofTen ( 10) Sin g le Fam il y Rental
Hou s ing Con stniction Page 29of35
11.B.d
Packet Pg. 241 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
which the specific activity is reported on for th e final time rather than from
t he date of submission of the final expenditure report for the award;
o Section 84.61 , Termination -In li e u of the provisions of 84.61, CDBG and HOME
DEVELOPERs shall comply wi th 570.503(b)(7); and
• S ubpart D -After-the-Award Requirements -except for 84.71 , C loseout Procedures
18. 24 CFR 85 -Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments shall be fo llowed for sub recipi ents that are governmental entiti es.
19. Immigration Reform and Control Act of 1986 as locate d at 8 USC 13 24, et seq. and regulations
relating th ereto. Fai lure by the DEVELOPER to comply with the laws referenced herein shall
constitute a breach of thi s agreement, and the County shall have the discretion to unilaterally
terminate this agreement immediate ly .
20 . Prohibition Of Gifts To County Employees -No organization or individual shall offer or give,
e ither directl y or indirectly , any favor, gift, loan , fee, service or other it em of value to any County
e mployee, as set forth in Chapter 112 , Part III , Florida Statutes, Colli er County Et hi cs Ordinance
No. 2 004-05, as amended, and County Admi ni strative Procedure 53 11.
2 1 . Order of Pre cedence -In the eve nt of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all other
Contract Documents, except the terms of any Supplemental Conditions shall take precedence over
the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be
resolved by application of the S uppl emental Conditions, if any, or the Agreement, the conflict shall
be resolved by imposing the more strict or costly obligation under the Contract Doc uments upon
the Contractor at Owner's discretion.
22 . Venue -Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate fede ral or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
23. Dispute Resolution -Prior to the initiation of any act ion or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of DEVELOPER with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other part y may obtain a court order requiring mediation under § 44 .10 2, Florida
Statutes.
Big Cy pre ss Hou sin g Corporation
(HM l 3-03)
Multi-F amil y Proj ec t consisting of a
Minimum of Ten (10) Single Fami ly Rent a l
Hou sing Co nstruction Page 30of35
11.B.d
Packet Pg. 242 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
24. The DEVELOPER agrees t o comply with t he fo ll owing re qui rements:
a. C lean A ir Act, 41 USC 7401 , et seq.
b. Federa l Wat er Pollution Control Act, 33 USC 125 1, et seq., as amended.
25. In accordance with the requirements of the Flood Disaster Pro tection Act of 1973 ( 42 USC 4002
and 24 CFR 570.605 Subpart K), th e DEVELOPER shall assure that for activities lo cate d in an
area id entifi ed by FEMA as hav in g special flood hazards, flood insuranc e under the National Flood
Insurance Program is obtained and maintained . If a ppropriate, a letter of m a p amendment (LOMA)
may b e obtained from FEMA, whic h would sati sfy thi s requirement and/o r reduc e the cost of said
flood in surance.
26. The DEVELOPER agrees that any construction or re habi litation of residential structures with
assistance provided und er this contract shall be subj ect to HUD Lead-Based Paint Poisoning
Prevention Act found a t 24 CF R 92.355.
Prope rty standards: The agree ment must req uire th e hou s in g to meet th e property standards in § 92.25 1
and the lead-based paint requirements in pa113 5, subp arts A, B, J , K, Mand R of this title , upon project
complet ion. The agreement must al so require owners of renta l housin g assisted with HOME funds to
maintain th e ho using in comp li ance with § 92.25 1 for the duration of the affordab ility period.
27. T he DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966 , as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Adviso ry Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
In general , this requires concurrence from th e State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal , state or local historic property l ist.
28. The DEVELOPER must certify that it will provide drug-free workplaces in accordance with the
Drug-Free Workplace Act of 1988 (41USC701).
29. The DEVELOPER certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the DEVELOPER shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is simi larly
debarred o r suspended from participating in this covered transaction as outlined in 24 CFR
570.609, Subpart K.
30. The DEVELOPER agrees to comply with the following OMB Circulars whichever is applicable,
and agrees to adhere to the accounting principles and procedures required th erein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred.
States, local governments, and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Bi g Cypress Housi ng Corporation
(HM 13 -03)
Multi-family Project con sistin g of a
Minimum o f Ten (I 0) Sin gle Fam ily Rental
Hou sing Construction Page 31 of35
11.B.d
Packet Pg. 243 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Educational Institutions (even if part of a State or local government) follow:
• A-21 for C ost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for C ost Principles
• A -110 for Administrative Requirements
31. Audits shall be conducted annua ll y and shall be submitte d to the COUNTY one hundre d eighty
(180) days after the e nd of the DEVELOPER's fiscal year. The DEVELOPER s hall comply with
the requirements and standards of OMB A-133 , Audits of States, Local Governments, and Non-
Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the
COUNTY reserves the right to recover any disallowed costs ide ntified in an audit after such
closeout.
Clarification of Eligible Audit Costs
T he amendment to §92.206(d)(3) clarifies that e ligible costs of a project aud it include the cost
certification of costs performed by a certified public accountant. This has always been an eligible
cost; the amendment clarifies and codifies this .
32. Any real property acquired by the DEVELOPER for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101 , s hall be subject to the
provisions of HOME including, but not limited to, the provisions on use and disposition of
property. Any real property within the D E VELOPER control, which is acquired or improved in
whole or part with CDBG or HOME funds in excess of $25 ,000, must adhere to the COBO
Regulations at 24 CFR 570.505 , HOME Regulations 24 CFR 92.353 • Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA) ( 42 U .S.C. 4201-4655) • 49
CFR Part 24 • 24 CFR Part 42 (subpart B) •Section 104(d) "Barney Frank Amendment.
33 . As provided in § 287.133 , Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the DEVELOPER certifies that it , its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within the 36
months immediately preceding the date hereof. This notice is required by§ 287.133 (3) (a), Florida
Statutes.
34. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an e mployee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan , the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
Big Cypress I-lousing Co rporation
(HM13 -03)
Multi-Family Proj ec t con sisting of a
Minimum ofTen (10) Singl e Fami ly Rental
I-lou sing Construct ion Page 32of35
11.B.d
Packet Pg. 244 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
If any funds other than Federal appropriated funds have been paid or w ill be paid to any person for
influencing or attempting to influence an officer or e mployee of any agency , a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection w ith this Federal contract, grant, Joan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions .
The und ersigned sh all require that the language of this certification be included in the award
documents for all sub-awards at all ti ers (including subcontracts, s ub-grants, contracts und er grants,
loans, and cooperative agreements) and that a ll DEVELOPERS s hall certify and disclose
accordingly.
35. Travel reimbursement wi ll be based on the U.S. General Services Administration (GSA) per diem
rates in effect al the time of travel.
36. Any rule or regu lation determin ed to be a pplicabl e by HUD.
3 7. F lorida Statutes 713 .2 0, Part 1, Construc tion Liens.
38. Florida Statutes 119 .021 Records Retention.
39. Florida Statutes, 119.071 , Contracts a nd Public Records.
Big Cypress Housing Corpora ti on
(HMl3-03)
Multi-Fami ly Project consisting o f a
Min im um of Ten (I 0) Sing le Fa mil y Rental
Housin g Construct ion Page 33of35
11.B.d
Packet Pg. 245 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "G"
CHOO RULES, REGULATIONS , AND LAWS
I. 24 CFR Part 92 .206 , HOME Investment Partnerships Program -T he regulations governing th e
disbursement of HOME funds.
2. CHDO PROVISIONS:
T he COUNTY has certified the DEVELOPER as a CHOO. The DEVELOPER will maintain
CHDO (Community Housing Deve lopment Organization) status for the term of the
PROJECT/AGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to provide
infonnation as may be requested by the COUNTY to document its continued compli ance,
including but not limited to an annual board roster and certification of continued compli ance.
A CHOO must be separate from and not und er the control of a government entity.
CHOO Capac ity Requiremen t
CHDOs mu st have paid staff with capacity
in order to receive a CHOO
designation
Must demonstrate capacity in the proposed role of the CHOO
(own, develo p, or sponsor hou si ng), as defined in the 2013 Rule
This ca n be done through:
• Fu ll -time or part -time staff
• Independent contractors
• Consultants, but ONLY durin g I st year as CHDO
Any funds advanced as CHDO pre-development funds must be in compliance with 92.301, and are
forgivable only under the terms in 92.30 I.
Any funds advanced to the CHOO as CHOO Operating Expenses must be expended in compliance
with 24 CFR 92.208.
The DEVELOPER qualifies as a Community Housing Development Organizatio n (CHOO)
according to 24 CFR 92.2. As such the D EVELOPER is authorized to retain all of the proceeds
generated from his activity as allowed by 24 CFR 92 .300(a) (2). Such proceeds are not considered
program Income for this proj ect.
The project is rental; the DEVELOPER shall create and follow a tenant participation plan as
required in 24 CFR 92.303 and submit to the County 60 days prior to occupancy.
3. 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart Hof these
regulations, except that (I) the DEVELOPER does not assume the recipient's environmental
responsibilities described in 24 CFR 93.352
Big Cy press I-lous in g Corporation
(l-IMIJ-03)
Multi-Family Project consist ing of a
Min imu m of Ten ( 10) Single Family Rental
Housing Construction
--·----------
Page 34of35
11.B.d
Packet Pg. 246 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "H"
DEVELOPER
I . Deve lopers a re program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer-led rehabilitation
is undertake n pursuant to 24 CFR 570 .2 02(b )( l ). New hou sing construction is undertaken pursuant
to 24 CFR 570.204, or as am e nd ed .
GENERAL
2. Developer s ha ll invest its own funds to complete the development of the properties associated with
thi s agreement there by assuming risk assoc ia ted with the project. To compensate Developer for
such ri sk, a nd for providing related goods and services, such as, but not necessaril y limited to ,
e ligible buyer identification, construction oversight, and final disposition, Develope r shall be paid a
Develope r fe e .
AMOUNT
3. Grantee shall pay Developer a Six Thousand Five-Hundred and 00/100 Dollars $6,500) Developer
fee for each of the ten (I 0) properties associated with this Agreement. The maximum combined
Developer fee paid by Grantee to Developer through this Agreement shall be Sixty Five Thousand
and 001100 Dollars ($65 ,000); this amount re presents a cumul ative of Developer fees paid for each
of the properti es assoc iated w ith this Agreement.
METHOD OF PAYMENT
4. Gra ntee s hall pay Deve loper the Deve lop er fee p er property upon lease to an income-eligible
person or household. To secure payment, Developer shall submit to Grantee the following
supporting materials in a format acceptable to Grantee:
1. Lease Agreement
2 . Certificate of Occupancy
3. Invoice
4 . Attestation form to be provided by Grantee
5. Proof of tenant income e ligibility
Big Cyp ress Housin g Co rp oration
(HMIJ-03)
Multi-Family Project consis1ing ofa
Minimum of Ten (I 0) Sin gle Fam ily Rental
Hou si ng Constru ction Page 35of35
11.B.d
Packet Pg. 247 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Grant# -M 03 M 11 UC 12 001-1
M-08-UC-12-0217
M-09-UC-12-0217
M-10-UC-12-0217
M-11-UC-12-0217
M-12-UC -12-0217
M-13-UC-12-0217
CFDA/CSFA# -14.239
Subrecipient -Big Cypress Housing
Corporation IBCHC)
DUNS # -06 4723252 0
IDIS# 455
FETI #-65-1067124
FY End 12/31
Monitoring Deadline 10/2035
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this /3+n day of &/t>~ , 2014, by and
between Collier County, a political subdivision of the State of Florida, ("CUNTY" or "Grantee")
having its principal address as 3339 E . Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing wider the laws of
the State of Florida, having its principal office at 19308 SW 380th Street , Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi -Family Proj ect
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, the Parties desire to amend the Agreement to updat e budget language, amend
project milestones, revise existing Exhibits and to make other modifications to the agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as fo ll ows:
Words Struek Through are deleted; Words Under lined are added
* * *
Big Cypress Housing Corporation (HM13·03)
Mu lti-Family Project consi stin g of a Minimum of Ten (I 0) Single Family Rental Housing Constru ction
Amendment #I Page 1 of 9
11.B.d
Packet Pg. 248 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
HI. AGREEMENT AMOUNT
* * *
The budget identified for the Rental Housing Construction Project shall be as follows;
Line Item Description HOME Funds
Project Component One: Multi-Family Project consisting of a $ 935,000
minimum of Ten (10) Single Family Rental Housing *$144,000
Construction and associated development costs; including. but *$1,079,000 not limited to, construction; temrz_orarJ! and 12.ermanent
signage; site maintenance activities; {2ublic bid
advertisements; architectural (§es; 12.ro/ect engineering;
closing costs; soil and other construction testing; surve)!s;
{2lans wocessing consultant; building 12.ermits, certifj_cates o(
occu11.anc)! and ins11.ection (§es; im11.act and utili(JJ. connection
(§es; (.air housing advertisements and other marketing
materials; subtect [!.ro12.er(JJ. general liabili{J!_ insurance during
develo11.ment and builder's risk insurance.
Project Component Two: Developer Fee $ 65,000
Total Proiect Exnenses:
SF Rental Housing Construction $935,000
*$144,000
Developer Fee $ 65,000
*$1,144,000
*Contingent upon FY 2013-2014 HUD Allocation and Approval of Action Plan and BCC
approval
* * *
Milestone Deadline
llfJaate CellieF Cetlflty SDP Platt aHEi SWFWMD 1/2014
9miBa:ge l~j:lfe¥flls as feEj:ti:ifet:i
9litai!l Ewfirn!l!Heffial C!ellfflftee 1/2014
n . ~· . ~ 2/2014 ----
Submit feF Cee!lty liliileli!lg PllH!B & eetai!l §/2014
.1 .
Bia ee!ls!flletie!l ee!ltfaet 6/2014
Seleet Ceffifaetef =il/2014
Sttlft ee!lstffietie!l 9/2014 ,, rn 10/201§ --., T ' ' 1/2016
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project consisting of a Minimum of Ten (IO) Single Family Rental Housing Construction
Amendment#! Page 2 of8
11.B.d
Packet Pg. 249 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Milestone Deadline
Environmental Scope Review by County 1/2014
Preliminary ERR review/approved by County 3/2014
Environmental Review Published and NTP Issued 5/2014
Design work complete 5/2014
Land Acquisition 6/2014
Building Plans submitted & Reviewed by County 6/2014
Bid selection made 7/2014
Contract signed/ Awarded/NTP issued 8/2014
Construction of 10 units complete 7/2015
Lease Agreements Complete 1012015
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties. The subrecipient is expected to adhere to the target dates. A deviation of up to 10% of the
number of days for any tasks is considered normal fluctuation for the project schedule. Any deviation
in excess of this by the subrecipient may result in termination of the agreement with no further
obligation on the part of the County to make payments for completed or in-progress work. The project
milestones may be staff modified only with written approval from the Housing. Human and Veteran
Services Department. following a written request with explanation from the subrecipient. and such
approval must be made in advance of the milestone deadline. Project completion date may only be
modified by Board approval amendment to this Agreement.
* * *
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
Big Cypress Housing Corporation (HM13-03)
ATTENTION: Priscilla Doria, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Emailto; PriscillaDoria@Colliergov.net
239-252-5312
* * *
Multi-Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #1 Page 3 of 8
11.B.d
Packet Pg. 250 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
IN WITNESS WHEREOF, the PMtics lrnve each , respectively, by an auth ori zed pe rson or
agen t, here under set th e ir hands a n d seals on th e date first wri tten above.
ATTEST: ''. BOARD OF COUNTY CO MMIS SIONER S or COLLIER
DWIGHT E. BR~CK, CLERK
Dig Cypres s Housing Co rporation (HM I 3-03)
COUNTY, .FLORIDA
Big Cyp ress Housin g Corporation
By ~/-~1·e
Steve Kirk. President
DEVELOPER Name and Title
Approved as to form and legali ty:
Jennifer A. Belpedio
Assistant County Attorn
Mu lti -fam il y Project consisting of a Minimum of Ten ( 10) Single Family Rental Housing Cons tmction
Amendment ff) Page 4 of 8
•
11.B.d
Packet Pg. 251 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
1.
2.
3.
4.
5.
6.
7.
Exhibit "B" is replaced as follows:
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Big Cypress Housing Corporation (BCHC)
Sub recipient Address: P.O. Box 3435291193008 SW 3801h Street, Florida City, FL 33034
Project Name: Single Family Rental Housing Construction
Project No: HM13-03 Payment Request# _____ _
Dollar Amount Requested: Date ______ _
Period of Availability:
Period for which Agency has incmTed indebtedness: through ____ _
SECTION IT: STATUS OF FUNDS
Grant Amount A warded
Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
Amount of Previous Unpaid Requests
Amount of Today's Request
10% Retainage Amount Withheld
Current Grant Balance (Initial Grant Amount A warded
Less Sum of all requests)
$
$
$
$
$
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator-------
Supervisor ______________ (approval authority under $14,999)
Dept Director-------------(approval required $15,000 and above)
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project consisting of a Minimum of Ten ( 10) Single Family Rental Housing Construction
Amendment#! Page 5 of8
11.B.d
Packet Pg. 252 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients: Please ffll In the following shaded areas of the
report
Agency Name:
Project Title:
Program
Contact:
Telephone
Number:
'REPORT FOR QUARTER ENDING: (check one
that applies to the corresponding grant period): 0 01/31/14
Date:
Alternate
Contact:
:it~
04/30/14 ~1!07131/14 O 10131114
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date of September 24, 2013 October
22, 2013.
1.
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment#! Page 6 of 8
11.B.d
Packet Pg. 253 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Yes No
3. Since Osteber 11 2012 October 22. 2013, of the persons assisted, how many ....
a.
b.
c.
4.
Section 108 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State / local Funds
Total Other Funds
... now have new access (continuing) to this service or benefit?
. .. now has Improved access to this service or benefit?
. .. now receive a seivice or benefit that Is no longer substandard?
$ Total Entitlement
Funds
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project consisting of a Minimum of Ten (IO) Single Family Rental Housing Construction
Amendment #1 Page 7 of 8
$
11.B.d
Packet Pg. 254 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
5. ..
b.
c.
'
6.
a.
b.
c.
EXHIBIT "D"
UARTERLYPROGRESSREPORT
Total No, of adult females served;
Total No. of adult males served;
TOTAL:
Total No. of fam!lles served:
Total number of adult femalea served:
Total number of adult males served:
0
Total No. of females served under 18:
Total No. of males served under 18:
TOTAL:
No. of fem ale head of household:
Total number of females served under 18:
Total number of males served under 18:
0
TOTAL: __ O~-TOTAL:_O_
Total No. of famllles served;
Complete EITHER question #7 OR #B. Complete question '!!J.. lfyour program 2!!.Jl( serves clients in one or more of the llsted HUD Presumed
Benefit categories. Complete question #8 If any client In your program does not fall Into a Presumed Benefit category.
7.
TOTAL:
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
Indicate the total number of 11Nn1rp1 /GATED
persons served since October 1 who fall into
each presumed benefit category (the total
should equal the total in question #8):
Report as:
0
Homeless Person
Battered Spouses
Persons w/ HIV/AIDS
Elderry Persons
Chronlcally/ Mentally Ill
Physically Disabled Adults
Indicate the total number of t1Nnupr tCATED persons
served since October 1 who fall Into each Income
category (the total should equal the total In questfon #6):
Report as:
TOTAL: O
Extremery low Income {0-30%)
Low Income (31-50%)
Moderate Income (51-80%)
.'flbove Moderate Income (>80%)
9. I Ri'i!'iiri\~7E:th''ri'lt:"".·O~fig~~ ~~t~!t{;~:· ;;w .. :f'.: 1-af iPi?llt~bte)':·'~F\Y'--.. '•• .. -/:\:\_;; ;:C~!::c:;~;:"-'."· -.... ..,~--:-;.";\;::. o-:,:'i<'';{:;,;~::<;o; ,;.,,_....;,;: .. ,._,., ... :~·:·,-·.. .. . .. ';;~.;· 1
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please Indicate how many persons In each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Black/African American
Asian
American fndlan/Alaska Native
Native Hawaiian/Other Pacific Islander
American lndfan/Alaskan Native & White
Black/African American & White
Am. lndlan/Alaska Native & Black/African Am.
Name:
Title:
Other Multi-racJal
Other
TOTAL:
Big Cypress Housing Corporation (HM13-03)
0
; of whom, how many are Hispanio?
; of whom, how many are Hispanic?
; of whom, how many are Hispanic?
·of whom, how many are Hispanic?
; of whom, how many are Hispanic?
; of whom, how many are Hispanic?
; of wham, how many are Hispanic?
; of whom, how many are Hispanic?
; of whom, how many are Hispanic?
; of whom, how many are Hispanic?
_O_TOT AL HISPANIC
Signature:
Your fYPed name here represents your eiecti'onrc
signature
Multi~Family Project consisting ofa Minimum of Ten (IO) Single Family Rental Housing Construction
Amendment #I Page 8 of 8
-_ .. / u
11.B.d
Packet Pg. 255 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Grant# -M-08 -UC-12-021 7
M-09-UC-12-021 7
M-10-UC-12-021 7
M -11 -UC-12-021 7
M-12-UC-12-021 7
M-13 -UC-12-02 17
CFDA/C SFA# -14.239
Subr ecip ient -Big Cypress H ousing
Corporation (BCHC)
DUNS #-0647232520
IDIS# 455
FE+I FEID # -65 -1067124
FY End 12/31
Monitorin2 Deadline l9~03S 04/2036
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
TIDS AGREEMENT is made and entered into thls °I~ day of ~014, by and
between Collier County, a political subdivision of the State of Florida~ or "Grantee")
having its principal address as 3339 E . Tamiami Trail, Naples FL 34112, and the "DEVELOPER'',
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida , having its principal office at 19308 SW 380th Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22 , 2013 the COUNTY entered into an Agreement with the HOME
Investment Partnerships (HOME) Program for the a new construction of Multi-Family Project
c onsisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to
this agreement; and
WHEREAS, the Parties desire to amend the Agreement to extend the end date and, amend
project milestones.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words Stmek Tht'01:1gh are deleted; Words Underlined are added
* * *
Big Cypress Housing Corporation (HM 13-03)
Multi-Family Project consisting of a Min imum of Ten (I 0) Single Family Rental Housing Construction
Amendment #2 Page 1 of 3
11.B.d
Packet Pg. 256 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
U. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22"d day of October, 2013 and end on the :H-si
day ofOeto~ 2WS-30th day of April, 2016. Construction activities shall ?e completed by
;wB 2016 and the affordability period shall cease in 203~!:1. The term ofth1s Agreement and
the provisions herein may be extended by amendment to cover any additional time period
during which the DEVELOPER remains in control of HOME funds or other HOME assets,
including program income
III. AGREEMENT AMOUNT
* * *
Milestone Anticiuated Deadline
Environmental Scope Review by County !1Wl4 1012014
Preliminary ERR review/approved by County ~IW1410/2014
Environmental Review Published and NTP Issued ~.'20141112014
Design work complete ~.1;rn1421201s
Land Acquisition 6,1W14 1012014
Building Plans submitted & Reviewed by Cow1ty ah!() 141012014
Bid selection made '.fh!Ql41212014
Contract signed! Awarded!NTP issued 81;!()14112015
Construction of 10 units complete '.f/;!()gJ/2016
Lease Agreements Complete HJ,Q(jg 4/2016
This project milestone has been developed jointly with the subrecipient and has been approved by all
parties. The subrecipient is expected to adhere to the target dates. A deviation of 60 days for any tasks
is considered normal fluctuation for the project schedule. Any deviation in excess of this by the
subrecipient may result in termination of the agreement with no further obligation on the part of the
County to make payments for completed or in-progress work. The project milestones may be staff
modified only with written approval from the Housing, Human and Veteran Services Department,
following a written request with explanation from the subrecipient, and such approval must be made in
advance of the milestone deadline. Project completion date may only be modified by Board approval
amendment to this Agreement.
* * *
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project consisting of a Minimum of Ten (10) Single Family Rental Housing Construction
Amendment #2 Page 2 of 3
11.B.d
Packet Pg. 257 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
IN WITNESS WHEREOF , the Parties ha ve e;ic h , respectively, by an au thorized person or
agent, hereunder set their hand s and sea ls on the datt: lirst written above .
ATTEST:
DWIGHT E. BROCK , CLERK
Steve Kirk, President
DEVELOPER Name and Title
Approved as to fonn and legality
~f-·A ~ .
Big Cy press I lousing Corporation (HM 13-03)
Multi-Family Proj ett consisting of a Minimum of T en (I 0) S in gle fami ly Rental Ho usi ng Co nstruction
Ame ndm ent 112 Page 3 o f 3
11.B.d
Packet Pg. 258 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
G ran t# -M -06-UC-12-0217
M -08 -UC-12-0217
M-09-UC.·12-0217
M-10-UC-12-021 7
M -1 l-UC-12-0217
M-12-UC-12-0217
M-13-UC-12-0 217
M -14 -UC-12 -0217
CFDA/CSFA#-14.239
Subrecipienf -Big C ypress Housing
Corpo ra t ion (B CHC)
DUNS # -0647232520
IDIS# 455
FEID # -65-1 067124
FY End 12/31
Monitorine: Deadline 0406/2036
THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into thi s ':o \-', day of ~ ~ , 2015, by and
be tween Co llier County, a political s ubdivi s ion of the State of Fl orid a, "COUNTY" or "Grantee")
having its principal add r ess as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principa l office at 19 308 SW 380111 Street, Flo rid a City, Florida 33 034 .
RECITALS
WHEREAS, on October 22, 20 13 the COUNTY entered into a n Agreement using HOME
Investment Pminerships (HOME) Program fund s for the a new construction of Multi-Family Project
cons istin g of a minimum of ten ( 10) s in gle family re ntal hou sing construction at Hatcher's Preserve
located at 3180 Westclox Street in lnunokalee, Florida.
WHEREAS, on May 13, 20 14 , Item 16D 13, the COUNTY approved the first amendment to
th e Agreement; and
WHEREAS, on September 9 , 20 14, Item 16D 12, the COUNTY approved the second
amendment to the Agreement; a nd
Bi g Cyp re ss Housin g Corporation (I IM 13-03)
Mu Iii -Family Proj ec t ~g afe Miniff!Ym afTen (I 0) for Single Famil y Rcnlal Housi ng Constrn ction
Amendment 1/3 Page 1 of 10
11.B.d
Packet Pg. 259 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
WHEREAS, the Parties desire to amend the Agreement to expand the scope of services and
increase the funding amount,
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Patties agree to amend the Agreement as follows:
Words Strnek Thr011gh are deleted; Words Underlined are added
J. SCOPE OF SERVICES
* * *
A. Project Component One: Multi-Family Project consisting of a minimum of Ten (10) Eighteen
OJU_Single Family Rental Housing Construction at Hatcher's Preserve located at 3180
Westclox Street in Immokalee, FL, in Section 30, township 46 South, Range 29 East, Collier
County; Bight (8) Fourteen (14) of the units will be High Rents and twe (2) Four (4) Low Rents
and all will be three bedroom units. Two (2) will be designated handicap units.
* *
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22"tl day of October, 2013 and end on the
30th day of Aj3ril June, 2016. Construction activities shall be completed by 2016 and the
affordability period shall cease in 2036. The term of this Agreement and the provisions herein
may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
II. AGREEMENT AMOUNT
* * *
The COUNTY agrees to make available at least Ol'IE MILLION DOLLARS AND NO CENTS
($1,GGG,000) ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED
Blg Cypress Housing Corporation (HM 13-03)
Multi-Family Project eeRsisting afa l\4inim.t1m efTeA (HJ) for Single Family Rental Housing Consfruction
Amendment #3 Page 2of10
11.B.d
Packet Pg. 260 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
TWENTY SIX DOLLARS AND FORTY CENTS ($1.763,526.40) of HOME Grant funds for the use
by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
exceed O:NE MILLION DOLLARS AND 00/100 DOLLARS ($1,000,000) ONE MILLION SEVEN
HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY SIX DOLLARS AND
FORTY CENTS ($1, 763,526.40) unless an additional $14 4 ,000 of grEllit funds is alloeated lly tlle
Board of County Commissioners in a Substantial Amendment to tlle County's Aetion Plan. If so, the
SUBRBCIPIEPIT shall ae reiFnaursed 13y the COUl'ITY using HUD funding for allowable eests,
determined by COUNTY, in an ameoot net to eirneed ONE MILLION, O:NE HUNDERD FORTY
FOUR THOUSAND A.ND GOii QQ DOLLARS ($1, 14 4,00tlj,
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description HOME Fonds
Project Component One: Multi-Family Project consisting of $ 93§,000
a minimum of+en-fl·llj Eighteen (18) Single Family Rental ~$144,000
Housing Construction and associated development costs; * $1,079,000 including, but not limited to, construction; temporary and
permanent signage; site maintenance activities; public bid l?l,698,523.40
advertisements; architectural fees; project engineering;
closing costs; soil and other construction testing; surveys;
plans processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility connection
fees; fair housing advertisements and other marketing
materials; subject property general liability insurance during
development and builder's risk insurance.
Project Component Two: Developer Fee $ 65,000.00
Total Proiect Exnenses: *$1. 763.526.40
SF Reatal He1:1siag Ceastrnetion $93§,00Q
~$144,000
~ . ~ $ 63,00() --~ -
*$1,144,999
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
* * *
Big Cypress Housing Corporation (HM 13~03)
Multi~Family Project ~Ag efa ~.4i0imH1l'I efTeR (-l-G-) for Single Family Rental Housing Construction
Amendment #3 Page 3 of 10
11.B.d
Packet Pg. 261 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
The following table details the project deliverables and payment schedule:
Deliverable Payment and/or Deliverable Submission Schedule for
Supporting Documents Payment and/or
Deliver• ble
ProJect Component One; Upon invoicing using Exhibit B will reimburse Payment Request: Monthly
Single Family Rental allowable expenses on AJA 0702-1992 form
Housing Construction (attached as Exhibit "G,') QI' equivalent
document per contractor's Schedule of Values.
Supporting documents must be provided as
back up
10% of total HOME funds exgended
($1 GG,QGG)l"E$14,4 GG) released upon
Ce1tificate of Completion of +-0 .ll units, final
waiver of lien from general contractor
* * *
+oo Eighteen households N/A Deliverable: Ongoing and
will benefit from this evidenced by lease
funding and will be low-and agreen1ent
moderate-income (LMA)
persons
Eight (8) Fourteen (14) at
High HOME rents and !We
G!) Four (4) at Low HOME
rents with two (2) of the
eighteen (18) homes
designated as handican units
* * *
Milestone Anticinated Deadline
Environmental Scope Review by County 10/2014
PrelfmiHary ERR revie'ld Environmental approved IG/2014 12/2014
by Gmmty HUD
Environmental Review Published and NTP Issued 11/2014
Design work complete 2/2015
Land Acquisition +oom-4-12/2014
Building Plans submitted & Reviewed by County !0/2014 01/2015
Big Cypress Housing Corporation (HM 13-03)
Multi-Family Project eeRsisting afa ~4i11iiRt:1m efTeH-8-0) for Single Family Rental Housing Const1uclion
Amendment #3 Page 4of10
11.B.d
Packet Pg. 262 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Bid selection made 12/2()!4 03/2015
Contract signed/ A warded/NTP issued !,i;JG!5 05/2015
Construction com[Jlete or pending certificate of
occu12ancy for one of the eighteen units-failure to
accomplish this task may result in the subreci12ient
10/15/2015
being reguired to re[Ja)I $371,260.57 ofCDBG/DRI
funds that were oreviouslv invested in the nroiect
Construction of .J-0 all 18 units complete l.12()!6 06/2016
Lease agreement com12lete for one of the eighteen
units 10/15/2015
Lease Agreements Complete for the remaining 4rnl+6 06/2016
seventeen units
* * *
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
Big Cypress Housing Corporation (HM 13-03)
ATIENTION: Priseilla Dol'ia, GraRt Coon!iaater
ATTENTION: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email te: PriseillaDeria@Celliergo'1'.aet
Email to: LisaOien@Colliergov.net
239 252 5312
239-252-6141
* • *
Signature page to follow
• * *
MultiRFamily Project eennisting afa Minimum. sf Tell (1/J) for Single Family Rental Housing Construction
Amendment #3 Page 5 of l 0
11.B.d
Packet Pg. 263 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
IN WITNESS WHEREOF, lb e Pa1t ies have each, respect ively , by an authorized person or
agenl, h ereu nd er set their hand s and sea ls on t he date fir st writt en above.
s ir11 rn l11 rn nnly.
Approved in absentia per Re so lution
No. 2000-149 on Au st 11, 2015
)
-' « 't:fJ-'} -1
. Ochs, Jr., County-Manager
By:
Big Cyp ress Housing Corpora tion (HM13 -03)
BOARD OF COUNTY COMMI SSIONERS OF COLLIER ----
COUNTY, z· ORIDA I
By: {; '{)~ ..
TIM N CE, CHAIR1v1AN
Big Cypress Housing Corp ora ti on
DEVELOPER Name and Title
Approved as to form and legality:
Jemur?7?.~ ~
Assistant County Attorney
Multi-Family Project Gensisti ng ef a Minifflllffl efTeR (IQ) for Sing le Fam il y Rental Housing Construction
Amendment #3 Page 6of10
\
11.B.d
Packet Pg. 264 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients: Please flll ln the following shaded areas of the report
Agency Name: Big Cypress Housing Corporallon (BCHC)
Project Title: Slngte Fa1nily Rental Housing Construction
Program Contact: Steve Kirk, President
Telephone Number: (305) 242-2142
Activity Reporting Period
October 1&1-December 31$1
January 31'1 -March 31 s1
Apnl 1 si -June 301h
July 151
-September 30th
Report Due Date
January 10111
April 1011t
July 10°.,
October 1 Olh
1rRE.PORT-FOR QUARl=iR laPJIJfNG.;-{GheGlt eAe that applies ta tAa
serFespsRdlng graRt per-ledf;
Date:
Alternate
Contact:
07131.'14
Please take note: Each quarterly. report needs to include cumulative data beginning from the start of the agreement date of September 24, 2013.
Please list the outcome goal(s) from your approved application & sub~reclplent agreement and indicate your progress In meeting
1. those aoals since Seotember 24, 2013.
A. Outcome Goals: list the outcome goal(s.) from your approved application & subHreclpient agreement. Milestone · · ·· · · · ·· · · · · · · ·
.Environmental Scope Review by County
Preliminary ERR re•1iew/Environmental approved by Goo..ty HUD
Environmental Revies Published and.NTP ~sued. ·
Design work complete
Land Acquisition
BuildingPlans submitted & Reviewed by County
Bid selection made
Contract signed/awarded/NTP issued
Construction complete or near completion for one of the 18 units
Construction of 10 units complete
Lease agreement for one of the eighteen units
Lease Agreements Complete
Big Cypress Housing Corporation (HMJ3-0J)
Multi~Family Project ~Ail:'fl:l:lffl efTeA (lQ) for Single Family Rental Housing Conslruction
Amendment #l Page 7 of IO
11.B.d
Packet Pg. 265 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
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Big Cypress Housing Corporation (HM 13-03)
D
Tot:r.l
rntil.luoe.al
Fwd: ~o,<);i
Multi·Fan1ily Project eeAsistiAg efa ta.4iRi-lmffi:I efTeR (IQ) for Single Family Rental Housing Construction
Amendment #3 Page 8 of 10
11.B.d
Packet Pg. 266 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
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Ye~• ":l-~d ~= d= "'>'""'""'" r'"" "'"'"""'"''~
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Multi-Family Project eensistiog efa ~4inin11:1m efTeR (IQ) fur Single Family Rental Housing Constniction
Amend1nent 113 . Page 9 of 10
11.B.d
Packet Pg. 267 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
EXHIBIT "H"
DEVELOPER
Developers are program beneficiaries and thus distinct from subrecipients, grantee employees, and
contractors. Developers may receive HOME funds from the Grantee. Developer-led rehabilitation
is undertaken pursuant to 24 CFR 570.202(b)(I). New housing construction is unde11aken pursuant
to 24 CFR 570.204, or as amended.
Fee
GENERAL
Developer shall invest its own funds to complete the development of the properties associated with
this agreement thereby assuming risk associated with the project. To compensate Developer for
such risk, and for providing related goods and services, such as, but not necessarily limited to,
eligible buyer identification, construction oversight, and final disposition, Developer shall be paid a
Developer fee.
AMOUNT
Grantee shall pay Developer a Si)( Thouoaml Pive Huodred am! 00/HlO Dollars $6,SOO)Sixty Five
Thousand 00/100 Dollar ($65,000) Developer fee for eaeb of the tea (10) eighteen (18) properties
associated with this Agreement. 1110 maidmum eomlliHed D~er fee Jlaid by Gfaatee to
De>.·elojlef through this Agreeme!lt shall be Siitty Five Thousand and 00/100 Dallam ($65,000);
tThis. amount represents a cumulative of Developer fees paid for each of the properties associated
with this Agreement.
METHOD OF PAYMENT
• Grantee shall pay Developer the Developer fee per property upon lease to an income-eligible
person or household. To secure payment, Developer shall submit to Grantee the following
supp011ing materials in a f01mat acceptable to Grantee:
o Lease Agreement
o Ce11i.ficate of Occupancy
o Invoice
o Attestation form to be provided by Grantee
o Proof of tenant income eligibility
Big Cypress Housing Corporation (HMl3-03)
Multi-Family Project eaFJsistiflg ef a ti.'fininHHfl af TeR (I 0) fur Single Fan1ily Rental Housing Constn1ction
Amendment #3 Page l 0 of 10
11.B.d
Packet Pg. 268 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
Grant#-M-06-UC-12-0217
M-08-UC-12-0217
M-09-UC-12-0217
M-10-UC-12-0217
M-11-UC-12-0217
M-12-UC-12-0217
M-13-UC-12-0217
M-14-UC-12-0217
M-15-UC-12-0217
CFDA/CSFA#-14.239
Subrecipient -Big Cypress Housing
Corporation (BCHC)
DUNS#-0647232520
IDIS# 455
FEID # -65-1067124
FY End 12/31
Monitoring Deadline 06/2036
FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
THIS AGREEMENT is made and entered into this g 4.h day of ,f)~ 2015, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "DEVELOPER",
"Big Cypress Housing Corporation" a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 19308 SW 380th Street, Florida City, Florida 33034.
RECITALS
WHEREAS, on October 22, 2013 the COUNTY entered into an Agreement using HOME
Investment Partnerships (HOME) Program funds for the a new construction of Multi-Family Project
consisting of a minimum of ten (10) single family rental housing construction at Hatcher's Preserve
located at 3180 Westclox Street in Immokalee, Florida.
WHEREAS, on May 13, 2014, Item 16D13, the COUNTY approved the first amendment to
this Agreement; and
WHEREAS, on September 9, 2014, Item 16Dl; the COUNTY approved the second
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 1 of 5
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amendment to this Agreement; and
WHEREAS, on September 8, 2015, Item 16D2, the COUNTY approved the third amendment
to this Agreement; and
WHEREAS, the Parties desire to amend the Agreement to increase the funding amount, revise
milestones and clarify language allowing use of funds for all homes from date of the execution of
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree to amend the Agreement as follows:
Words 8truek Threugh are deleted; Words Underlined are added
* * *
II. TIME OF PERFORMANCE
Services of the DEVELOPER shall start on the 22°d day of October, 2013 and end on the
30th day of June, 201() October, 2016. Construction activities shall be completed by 2016 and
the affordability period shall cease in 2036. The term of this Agreement and the provisions
herein may be extended by amendment to cover any additional time period during which the
DEVELOPER remains in control of HOME funds or other HOME assets, including program
income.
Uf, AGREEMENT AMOUNT
* * *
The COUNTY agrees to make available at least ONE MILLION SEVEl'l HUNDRED SIXTY
THREE THOUSAND FIVE HUNDRED TV/El'lTY SIX DOLLA,RS AND FORTY CEl'lTS
($1,763,526.40) TWO MILLION ONE HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED
FIFTY FIVE DOLLARS AND FORTY CENTS ($2,164,755.40) of HOME Grant funds for the use by
the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the "Funds"). The DEVELOPER shall be reimbursed by the
COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to
Big Cypress Housing Corporation (HM13-03)
Multi-Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 2 of 5
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Packet Pg. 270 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)
exceed ONE MILLION SEVEN HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED
TWENTY SIX DOLLARS AND FORTY CENTS ($1,763,526.40). TWO MILLION ONE
HUNDRED SIXTY FOUR THOUSAND SEVEN HUNDRED FIFTY FIVE DOLLARS AND
FORTY CENTS ($2,164,755.40)
The budget identified for the Rental Housing Construction Project shall be as follows:
Line Item Description HOME Funds
Project Component One: Multi-Family Project $1,698,526.40
consisting of a minimum of Eighteen ( 18)Single $2,099,755.40
Family Rental Housing Construction and associated
development costs; including, but not limited to,
construction; temporary and permanent signage;
site maintenance activities; public bid advertisements;
architectural fees; project engineering; closing costs;
soil and other construction testing; surveys; plans
processing consultant; building permits, certificates of
occupancy and inspection fees; impact and utility
connection fees; fair housing advertisements and other
marketing materials; subject property general liability
insurance during_development and builder's risk
insurance, imQ.act fies and other related
construction/develoQ.ment fies.
Project Component Two: Developer Fee $ 65,000.00
Total Project ExI!enses: *$1,7()3,52().40
*$221642755.40
*Contingent upon Approval of HUD Substantial Amendment to the Action Plan and BCC
approval
* * *
The following table details the project deliverables and payment schedule:
* * *
Milestone Anticipated Deadline
Environmental Scope Review by County 10/2014
Big Cypress Housing Corporation (HMI3-03)
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Environmental approved by HUD 12/2014
Environmental Review Published and NTP Issued 11/2014
Design work complete 2/2015
Land Acquisition 12/2014
Building Plans submitted & Reviewed by County 01/2015
Bid selection made 03/2015
Contract signed/ A warded/NTP issued 05/2015
Construction complete or near completion for one
of the eighteen units-failure to accomplish this task 10115/15 12/15/2015
may result in the subrecipient being required to
repay $371,260.57 of CDBG/DRI funds that were
previously invested in the project
Construction of all 18 units complete 06/2016
Lease agreement complete for one of the eighteen
units H),ll 5,L2015 12/15/2015
Lease Agreements Complete for the remaining 06/2016 09/2016
seventeen units
* * *
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY
Big Cypress Housing Corporation (HM13-03)
ATTENTION: Lisa Oien Grant Coordinator
Jody Paley, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email to: Lisaoien@colliergov.net JodyPaley@Colliergov.net
239 252 6141 239-252-2903
* * *
Signature page to follow
Multi-Family Project 18 for Single Family Rental Housing Construction
Amendment #4 Page 4 of 5
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ATTEST: .... i.~.L,...-DWIGHJ,~: :Sil<JcK~_CLERK
""' j '· •• ~'"' '
Big Cypress Housing Corporation (HM13-03)
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNT"-. f! ®JDA
By: I ~/4-~
TIM NANCE, CHAIRMAN
DEVELOPER Name and Title
Approved as to form and legality:
~CLM r --
Jennifer A. Belpedi~
Assistant County Attorney
Multi-Family Project I 8 for Single Family Rental Housing Construction
Amendment #4 Page 5 of 5
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Packet Pg. 273 Attachment: BCHC Agreement with Amendments 1-4 (1691 : To clarify 2 CFR Part 200 compliance requirements)