Agenda 12/09/2014 Item #16D 2 12/9/2014 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve Second Amendment to a subrecipient agreement with Big Cypress
Housing Corporation to reallocate activity funds.
OBJECTIVE: To mitigate the impact of natural disasters in low-income neighborhoods through the use
of grant funds.
CONSIDERATIONS: Collier County is the Recipient of Disaster Recovery Initiative (DRI) funds from
the Florida Department of Economic Opportunity(DEO). The DRI funds may be used to provide disaster
relief and long term recovery.
On October 22, 2013, the Board approved an agreement with subrecipient Big Cypress Housing
Corporation (BCHC) for the construction of single-family rental housing units (Agenda item 16D8). The
project will benefit low and very low income persons.
On May 27, 2014, the Board approved First Amendment to the Agreement providing an additional
funding source to the project(Agenda item 16D16).
The second amendment to the Agreement reallocates funds from the environmental activity to
construction and clarifies conflict of interest and monitoring escalation language. This amendment
incorporates corrective action language to be consistent with all grant agreements and Resolution 2013-
228 and other local, state and federal grantor required language changes.
The proposed modification is allowable under the grant, and will not increase the amount of the grant
funds or impact the budget for this project.
FISCAL IMPACT: The proposed actions have no new fiscal impact.The funding source for the grants is
the Florida Department of Economic Opportunity. Funds are budgeted in the Housing Grants Fund (705),
Projects 33104, 33191 and Urban Improvement Grants(121), Projects 34540 and 34541.
GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the
goals, objectives and policies set forth in the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action—JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Second Amendment to the agreement with Big Cypress Housing Corporation for
the construction of single-family rental homes.
Prepared By: Lisa Oien, Grants Coordinator, Community and Human Services
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12/9/2014 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve Second Amendment to a subrecipient
agreement with Big Cypress Housing Corporation to reallocate activity funds.
Meeting Date: 12/9/2014
Prepared By
Name: OienLisa
Title: Grants Coordinator, Community&Human Services
10/17/2014 4:49:36 PM
Submitted by
Title: Grants Coordinator, Community &Human Services
Name: OienLisa
10/17/2014 4:49:38 PM
Approved By
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 10/24/2014 11:20:04 AM
Name: MagonGeoffrey
Title: Grants Coordinator, Community&Human Services
Date: 10/30/2014 11:55:54 AM
Name: KushiEdmond
Title: Accountant, Community &Human Services
Date: 11/3/2014 10:50:09 AM
Name: Bendisa Marku
Title: Supervisor-Accounting, Community &Human Services
Date: 11/3/2014 11:33:30 AM
Name: SonntagKristi
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12/9/2014 16.D.2.
Title: Manager-Federal/State Grants Operation, Community&Human Services
Date: 11/3/2014 2:30:34 PM
Name: GrantKimberley
Title: Director-Housing,Human and Veteran S, Community &Human Services
Date: 11/4/2014 1 2:04:31 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/5/2014 10:24:28 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/14/2014 8:54:31 AM
Name: Carnell Steve
Title: Administrator-Public Services, Public Services Division
Date: 11/18/2014 4:55:11 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/21/2014 2:27:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/21/2014 3:58:49 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 11/26/2014 1:01:53 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2014 1 1:24:39 PM
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12/9/2014 16.D.2.
Grants # 12DB-P5-09-21-01-K39
#07DB-3V-09-21- 01-Z01
#08DB-D3-09-21-01-A03
#10DB-D4-09-21-01-K09
CFDA/CSFA#- 14.228
Sub recipient -Big Cypress Housing
Corporation
DUNS# 064723252
FETI FEID# 65-1067124
FY End-12/3112/31
Monitor End: 2018 2019
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
Big Cypress Housing Corporation
Hatcher's Preserve, Affordable Rental Housing
This Amendment, is entered into this day of , 2014, by and between Big Cypress
Housing Corporation, a not for profit existing under the laws of the State of Florida, herein
after referred to as SUBRECIPIENT and Collier County, Florida, herein after to be referred to as
"COUNTY," collectively stated as the "Parties."
WHEREAS, on October 22, 2014, the Board of County Commissioners approved
submittal of modifications to grant agreement numbers, 12DB-P5-09-21-01-K39, 07DB-3V-09-
21-01-ZO1 and 08DB-D3-09-21-01-A03 between Collier County and the Florida Department of
Economic Opportunity (DEO) and the execution of an associated subrecipient agreement
providing Community CDBG/DRI/DREF funds for the Hatcher's Preserve project in
Immokalee, Florida;
WHEREAS on May 27, 2014 the Board of County Commissioners approved submittal
of modification#9 for grant agreement#10DB-D4-09-21-01-K09 and the associated subrecipient
agreement amendment providing additional Community CDBG/DRI funds for the Hatcher's
Preserve project;
WHEREAS, the Parties desire to amend the subrecipient agreement to reallocate funds
from the environmental activity to construction activities at Hatcher's Preserve.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
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Big Cypress Housing Corporation
DREF 08-06,DR1 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment 42
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12/9/2014 16.D.2.
Words S ri 'ough are deleted; Words Underlined are added
All references contained throughout the agreement to Housing, Human and Veteran Services
(HHVS) hereinafter shall read Community and Human Services (CHS).
THE SUBRECIPIENT AGREES TO:
III. AGREEMENT AMOUNT
* * *
Line Item Description Total DREF DRI DPI DRI
DREF/DRI FUNDS FUNDS FUNDS FUNDS
FUNDS (2008 funds) Z grant A grant K grant
(2005 funds) (2005 funds) (2008 funds)
NOTE*
Activities/items/services
may include but not be
limited to:
BCHC, Hatcher's
Preserve, Affordable
Rental Housing
Project Component#1 $1,095,944.30 $221,388.80 $106,650.69 $307,161.81 $460,743.00
The construction cost $1,099,944.30 $311,161.81
and associated costs of
fees and permits
necessary to construct a
minimum of eight single
family rental homes at
Hatcher's Preserve in
Immokalee,Florida.
Component #2 The cost $4000:00 $4,000.00
of a HUD required
Environmental
Assessment for the
Hatcher's Preserve
Community.
Total $1,099,944.30 $ 221,388.80 $106,650.69 $ 311,161.81 $460,743.00
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Big Cypress Housing Corporation
DREF 08-06,DRI 05-06, DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
O`1
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12/9/2014 16.D.2.
* X Y
The following table details the project deliverables, documents and submission schedule.
Deliverable Supporting Documents Exhibit Submission
Date
Project Component #1 Construction: Submission of Exhibit Monthly
The construction cost and supporting documents must "B"using invoicing
associated costs of fees be provided as back up as Exhibit
and permits necessary to evidenced by,but not limited "C" if
construct a minimum of to, signed AIA G702-1992 applicable.
eight rental single family form (attached as Exhibit
homes at Hatcher's "G") or equivalent document
Preserve in Immokalee, accompanied by the
Florida contractor's Schedule of
Values and associated
photos.
10%Retainage will be Submit
withheld with each request request
for payment and will be after final
released upon completion of close out
activities and final close out monitoring
monitoring clearance
Project Component #2 Assessment document Exhibit One time
The cost of a HUD provided to HHVS and an `B" before
required Environmental invoice from Environmental construction
Assessment for the Assessment consultant: contract
Hatcher's Preserve
Community.
Program compliance Submission of Annual Exhibit At project
documents Certificate of Insurance, "E" for the initiation
Annual Audit, Fair Housing annual
Plan and Fair Housing Audit
Marketing Plan
Monthly Reporting for Submission of applicable Exhibits Monthly
Progress, beneficiaries reports "D-1", "D-
and contracts 2","D-3"
and "D-4"
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Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
�9
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IX. ADMINISTRATIVE REQUIREMENTS
* X *
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to
this Agreement as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit monthly progress reports to the
COUNTY on the 26th day of each month for the month reported. Monthly reporting includes
comprehensive information in regards to progress, beneficiaries, accomplishments and contract
information. Exhibits D-1, D-2, D-3 and D-4 are provided for monthly reporting. Other
reporting requirements may be required by the County Manager or their designee in the event of
Program changes; the need for additional information or documentation arises; and/or legislative
amendments are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report
(Exhibit E)to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS, DEO or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS, DEO or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS, DEO or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as deteuuined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY. contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement
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Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-I3
Hatcher's Preserve Affordable Housing
Contract Amendment#2
w
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CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this contract. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS's policy for
escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action elan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5%) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non-compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG/DRI and DREF investment
for acquisition of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10%) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
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Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
0
Yr)
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o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
X. OTHER PROGRAM REQUIREMENTS
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any conflict
of interest shall be employed by or subcontracted by the SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict
of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate-
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
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Big Cypress Housing Corporation
DREF 08-06,DRI 05-06,DRI 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
\C'>>I
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may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person
or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By:
, Deputy Clerk Tom Henning, Chairman
Dated: Date:
(SEAL)
Big Cypress Housing Corporation
By:
Sub recipient Signature
Steven Kirk,President
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney o '"
et�
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Big Cypress Housing Corporation
DREF 08-06,DR1 05-06, DR1 05-11 and DRI 08-13
Hatcher's Preserve Affordable Housing
Contract Amendment#2
'ta
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