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Backup Documents 03/27/2018 Item #16D16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials. Date 1. Lisa N. Carr Community and Human 3/23/18 Services 2. Jennifer Belpedio County Attorney Office c .a.)B 41%0ltg 3. BCC Office Board of County ASb.-\ Commissioners \r\V/Se/ 4\to\1S 4. Minutes and Records Clerk of Court's Office 1)1M L{/'(o(f$ q:0 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missin 'nformation. Name of Primary Staff Lisa N.Carr/CH Phone Number 252-2339 Contact/Department Agenda Date Item was 03/27/2018 Agenda Item Number 16.D.16 Approved by the BCC Type of Document Second Amendment to Agreement Between Number of Original Attached Collier County and Big Cypress Housing Documents Attached 3 Corporation PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? (,C_ T NC- "-z._. 2. Does the document need to be sent to another agency for additional signatures. If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC 03/27/2018 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 1 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the w " Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W 'S Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 z/ 16 016 MEMORANDUM Date: April 11, 2018 To: Lisa Carr, Grants Coordinator Community & Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: 2°a Amendment to Agreement between Collier County and Big Cypress Housing Corporation Attached are two (2) originals of each document referenced above, (Item #16D16) approved by the Board of County Commissioners on Tuesday, March 27, 2018. An original has been kept by the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-7240. Thank you Attachment 16 1. 6 Grant- SHIP FY 2015-2016 Activity: - Rental Rehabilitation SPONSOR: -Big Cypress Housing Corporation DUNS #- 064723252 CSFA# - 52.901 Fiscal Year End: December 31, 2018 Monitoring End Date: December 31, 2033 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION THIS AGREEMENT is made and entered into this Z 71' day of 144 arc-11 , 2018, 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, Suite 211, Naples FL 34112, and Big Cypress Housing Corporation a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office 19308 SW 380th Street,Florida City, FL 33034 ("SPONSOR"). WHEREAS,on June 28,2016,Item 16D17,the County entered into an Agreement with Sponsor to undertake rental rehabilitation of affordable housing rental units. WHEREAS, on April 25, 2017, Item 16D3, the COUNTY approved the First Amendment to Agreement to modify the funding years. WHEREAS, the Parties desire to amend the Agreement to change the two loan disbursements of$250,000 for rehabilitation activities to a reimbursement method of payment for eligible services and extend the time of performance to December 31, 2018. WHEREAS, the Parties also desire to replace and remove or add language to allow for better administration and a more organized format. NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Words Sly are deleted; Words Underlined are added 16016 * * * IV. TIME OF PERFORMANCE This Agreement shall be in effect from June 28, 2016 through, June 30, 2018. December 31, 2018. V. AGREEMENT AMOUNT It is expressly agreed and understood that the total amount to be disbursed by the COUNTY for the use by the SPONSOR during the term of the Agreement shall not exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000.00). not signify a change in scope. Funds shifts that exceed 10% shall only be made with Board approval. * * * • VI. METHOD OF PAYMENT The County shall reimburse the SPONSOR for the performance of this agreement upon completion of the work tasks as accepted and approved by CHS pursuant to the submittal of pay packet. SPONSOR may not request payment of SHIP funds until identified services are completed and proof has been submitted for eligible costs in the form of an AlA or similar or an invoice. Final invoices are due no later than 90 days after the end of this Agreement. In the event that an extension to reimbursement submission after the end of the Agreement is not granted by the Grant Coordinator, the SPONSOR shall forfeit all outstanding request for reimbursement not submitted. . . .- . -• '. -• --. ----• - 1,111 - • • • • - based on the properly completed Invoice with an accompany AlA or equivalent documentation. Once the initial loan disbursement is reconciled and expended by the Sponsor, -- --- - . . . -• . . -quest for $25-0,008 until ales are dislufsed not to exceed $500,000. All funds are secured by a promissory note and mortgage signed prior to the disbursement reimbursement of any funds. - -- -- -- - . Any funds disbursed to the Sponsor that are not determined to have been expended for The County shall recoup such overpayments. In the event an overpayment is identified after the end of the contract and no further invoice is due, the S;:- . --•• -- - .. - - •- county via check. , a . .9 ' - -- . ' a. .9 ' . . . - ----- . .. . :--• properly and in a timely manner. The SPONSOR shall ensure the performance of this Agreement. ' -- - - - - - --' - -- - - -- - -- . :- : : -: $ - . :- - - the end of the Agreement. All eligible and.approved expenditures received before end of Agreement will be used towards total project cost and a modification to mortgage may be 2 16 016 recorded to reflect the actual cost expended on project. No disbursements payment will be made until approved by CHS and the Collier County Clerk of Courts for grant compliance and adherence to any and all applicable local, or state or federal requirements. -- - - - -•• - -•• - •• - Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The COUNTY reserves the right to withhold any payments future loan disbursements as a result of incomplete or altered invoices, inadequately documented expenses, or expenses for items and services the COUNTY deems not to be usual, customary and reasonable expenses related to improvements of the Project. : -• •- •• - - ' -1, - - - - •• •• All disbursements payments by the COUNTY will be made to the SPONSOR who shall be responsible for paying the Contractor. Notwithstanding anything herein to the contrary, the COUNTY shall have no obligation to fund the work if: (i) SPONSOR is in default under the terms of this Agreement or any other agreement between the SPONSOR and the COUNTY, or (ii) the request includes items not in a budget approved by the COUNTY. .. - - - • . •- • . ..•. . . . . .• - •. •, - - . .... • insurance company providing that the Property an: • • . -•- - -- -: -, •. - - - - in all respects. VII. 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 ATTENTION Priscilla Doria, Grant Coordinator Lisa N. Carr, Grant Coordinator Collier County Government Community and Human Services 3339 E. Tamiami Trial, Suite 211 Naples, Florida 34112 Email to: PriscillaDoria@colliergov.net lisa.carr@colliercountyfl.gov Phone:23 9-25 2-5 31223 3 9 SPONSOR ATTENTION: Steve Kirk, President 3 C 16 D16 Big Cypress Housing Corporation 19308 SW 380th Street, POB 343529 Florida City, FL 33034 Email to: Stevekirk@ruralneighborhoods.org Phone: 305-242-2142 VIII. GENERAL CONDITIONS * * I. SUSPENSION OR TERMINATION Either party may terminate this Agreement, at any time, by giving written notice to the other party of such termination, and specifying the effective date thereof, at least 90 days before the effective date of such termination. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by the SPONSOR under this Agreement shall, at the option of the COUNTY, become the property of the COUNTY. The COUNTY may also suspend or terminate this Agreement, in whole or in part, if the SPONSOR materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein, in addition to other remedies as provided by law. If through any cause, the SPONSOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the covenants, agreements, or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement or suspend payments loan disbursements in whole or part by giving written notice to the SPONSOR of such termination or suspension of payments loan disbursements and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. See Section VII. G. — Corrective Action for escalation steps leading to suspension or termination for non-compliance. If payments loan disbursements are withheld, Community and Human Services Division staff shall specify in writing the actions that must be taken by the SPONSOR as a condition precedent to resumption of payments lean disbursements and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments loan disbursements shall include, but not be limited to: * Ineffective use of funds. * Failure to comply with Section II, Scope of Service of this Agreement. * Failure to submit periodic reports as determined by the COUNTY. * * * IX. ADMINISTRATIVE REQUIREMENTS H. PAYMENT PROCEDURES The County or designee may perform a review and inspection of the Project prior to each pay request, Sponsor will retain a Licensed General Contractor, Architect and/or 4 16 D 16 - -. . •, ,. : ---- - ,verifying that the costs claimed are allowable, unit rehabilitation is satisfactory, and reports are timely as outlined under the provisions of this Agreement. Failure to submit required progress reports in accordance with Exhibit E(Quarterly Progress Report)may result in clisbur-seffiefit payment delays as determined by Community and Human Services. * * * IN WITNESS WHEREOF, the SPONSOR and the County,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 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA is D �1 — By. A Attest as to Chaiimati'g-. - . DY SOLIS, CHAIRMAN signature only. 41�o I�� Dated: 4?„--,, ,©, 1 (SEAL) Date: Big Cypress Housing Corporation (7-1 - By: d - - eve Kir ,Pie sident f Date Approved as to form and legality: Jenni er A. Belpedio ° Assistant County Attorne q, \� 5 16016 EXHIBIT A RENTAL REHABILITION PROJECT REQUIREMENTS 1.) Project Description: The Project is for the rehabilitation of 40 existing affordable residential rental housing units and the exterior at Mainstreet Village, an affordable housing community, located at 104 Anhinga Circle, Immokalee, Florida which consist of seventy-nine (79) one-story rental apartments. The project will be in accordance with the SHIP Program and the Collier County 2013-2016 Local Housing Assistance Plan (LHAP). The SPONSOR shall perform the following activity under this agreement: a. Rehabilitation to rental units including,but not limited to,building permits; interior and exterior building repairs; and site improvements to landscape, private sidewalks, parking and streets; b. Maximum$30,000 per unit. The SPONSOR is required to comply with all applicable program requirements of the State Housing Initiative Partnership (SHIP) Program, including but not limited to Section 420.907 420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code. Any or all of these regulations may,but are not required to,be specifically set forth in any additional loan documents executed in connection with the Loan this Agreement. 2.) Tenant Eligibility, Income&Rent Requirements: The Sponsor shall determine and verify the income eligibility of tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for the Project. Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be received by a household, during the 12 months, following the effective date of the determination. The Annual Gross Income, as defined in Section 420.9071(4), F.S, must be used and the SHIP Program income limits cannot be exceeded. The SPONSOR shall maintain complete and accurate income records pertaining to each tenant occupying a SHIP-assisted unit. A minimum of forty(40)units assisted shall be occupied by tenants whose total household income does not exceed 50% of the median annual income adjusted for family size for households as defined by the Department of Housing and Urban Development (HUD). SPONSOR may voluntarily increase the number of units assisted within this income category. While occupying the rental unit, a very-low income household's annual income may increase to an amount not to exceed 120 percent of the area's median income adjusted for family size. Rent on these units shall restricted to the SHIP Program rent limits,Maximum rent limits are revised annually and can be found at: http://apps.floridahousing.org/StandAlone/FHFC ECM/AppPage ListPage.aspx?PageID=36 6 16 D 16 8. Project Requirements: The SPONSOR agrees to not undertake any activity that may adversely affect historic or environmental sensitivity of the site and to mitigate any findings identified in an environmental assessment. The SPONSOR agrees that in the event that the Project is located in a Designated Flood Zone, all government requirements for construction in a flood zone shall be satisfied. The SPONSOR shall perform technical and administrative work involving the repair and renovation of rental properties in the program similar to the following steps listed below: 1. The SPONSOR will create a scope of work for the project and submit to CHS for review and approval. 2. The SPONSOR will issue an Invitation to Bid(ITB) or quote utilizing the County's Purchasing Policy to potential building contractors for the project. SPONSOR shall be responsible for issuing the ITB or quote,responding to questions, conducting the walk-through with the potential contractors (if necessary) and making the recommendations for awards. 3. In the event a change order is necessary,the SPONSOR is permitted to authorize a change order.No change order will be reimbursed if the change order exceeds the per unit maximum as outlined in the LHAP. 4. Records shall include at a minimum,the following and provide to the County as requested or at Project Closeout: a. Evidence of complete and successful repair of a rental unit interior or exterior. b. Proof of agreement between the SPONSOR the contractor (or subcontractors)licensed to pull required permits in Collier County. c. Proof of completion of the repairs identified in the work write-up, as evidenced by the following: • Certificate of occupancy or hard cards showing County building official approval of work requiring County permit; • Inspection by the CHS third party inspector as to the completion of work performed by the contractor (or subcontractors); • A copy of the release of liens for each contractor; • A copy of the check paid to each contractor (or copies of checks paid to subcontractors)by the SUBRECIPIENT. • Change orders, if applicable and documentation of approval. • Bid documents (solicitation notice, bid tabulation and bid advertisement.) * * OCAO 7 16016 10. CHS will ensure compliance with respect to all applicable SHIP regulations and coordinate with a third-party inspector to conduct the initial and final inspections of the completed project. The third-party inspector may also evaluate the property and work write-ups prior to the SPONSOR issuing the ITB's or request for quote. 8 16 D16 EXHIBIT B Narrative Rental Rehabilitation The total SHIP allocation to the SPONSOR for the Rental Rehabilitation, Program shall not exceed FIVE HUNDRED THOUSAND DOLLARS ($500,000.00). Sources for these funds are as follows: SHIP Fundinji FiscalYear Rental Rehab 2015-2016 $500,000.00 Total Funds $500,000.00 Uses of these funds are as follows: Funds shall be disbursed in the following manner for the following uses: 1. Rehabilitation expenditure per dwelling unit: The expenditure per dwelling unit may not exceed$30,000. The cost for improvements of the general property will be spread across the units and that cost will be included in the per unit maximum. 2. Rehabilitation expenditure per property shall not exceed$500,000. 3. The reimbursement pay request shall be upon submission of Exhibit"D" (Request for Payment). 4. Sponsor shall provide proof of expenditures to equal initial advance reimbursement request prior to receiving the second loan disbursement payment. 9