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Agenda 10/22/2013 Item #16D15 10/22/2013 16.D.15. EXECUTIVE SUMMARY Recommendation to approve a Home Investment Partnerships (HOME) Program Developer Agreement between Collier County and Big Cypress Housing Corporation (BCHC) for construction of a Multi-Family Rental Housing Project consisting of a minimum of Ten Single Family Rental Housing Units (Fiscal Impact$1,144,000). OBJECTIVE: Construction of an affordable Multi-Family Rental Housing project, located at Hatcher's Preserve in Immokalee,FL. CONSIDERATIONS: The Board of County Commissioners approved the Collier County Consolidated Plan One-Year Action Plan on August 13, 2013 (Agenda Item 11A). Each year, the County completes an annual Action Plan that is meant to further the Consolidated Plan's goals and objectives. Each Action Plan identifies a list of community based projects that is acquired through an application submittal process. Among other criteria, during the review process, grant applications are evaluated specifically against the goals and objectives of the Consolidated Plan and the Annual Action Plan. In addition to the evaluation criteria, each proposed project is evaluated as to whether the project meets the HUD national objectives. HUD's National Objectives are: elimination of slum and blight, direct benefit to low and moderate income persons and/or has been designated to meet community development needs having a particular urgency. Staff has completed a compatibility analysis between the Consolidated Plan, the developers grant application and amendments, the FY's 2008-2009,2009-2010,2010-2011,2011-2012and FY2012-2013 Action Plans, Priority Needs Category (Housing Program-Rehabilitation-Single Family) and the Scope of Work. Staff confirms that the project is compliant with the Consolidated Plan and the above referenced fiscal years Action Plans. Board approval of the Developer agreement confirms a basis upon which payment is to be made; only changes thereafter by the Board approved substantial amendment and/or contract amendment. if needed. The project is incorporated in the FY 2013-2014 One Year Action Plan (Item 11 A on the absentia meeting on 8/13/13 and ratified on the 9/10/13 BCC). Approval of this Developer agreement will allow Housing, Human and Veteran Services (HHVS) to administer, implement and monitor the project outlined in the Annual Action Plan. This project takes place at Hatcher's Preserve,where CDBG funding was invested on September 25, 2007 for the eventual development of fifteen single family homes. That subrecipient failed to meet the national objective. HHVS has worked very closely with all parties, as well as HUD Miami and HUD TA to develop remedies that will allow this project to proceed. The developer will acquire the Hatcher's Preserve property with their own funds and the original sub recipient has agreed to sell the property to the developer. The original sub recipient has agreed to repay the CDBG award of$59,001 to the County as part of the sales transaction; so the County expects to receive a check from the closing agent. Funding for this project in the total amount of$1,144,000 is comprised of two components. $1,000.000 will be appropriated from prior year's unspent HOME funds which have been properly advertised and approved under a substantial amendment per item 16D.10 on 10/8/13. The second component of $144,000 is spelled out in the contract as anticipated to be allocated pending award of FY 2013-2014 HUD allocation and approval of a Substantial Amendment to the County's Action Plan, and contingent upon future board approval. This is proposed merely as a matter of expediency. Packet Page-1438- 10/22/2013 16.D.15. As approved in the Action Plan, the project is to fund single family home construction and associated developer fees for construction at Hatchers Preserve in order to provide affordable single family rental homes in Immokalee. The project will target households at low and very low income limits. The energy efficiency units will consist of three bedroom units, two of which will be designated handicapped accessible and one will be equipped with handicapped sensory devices. The Developer is encouraged to provide match funds when identified as an eligible source. Pursuant to Florida administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities. The County will apply those funds as a source of match to meet the federally required match commitment of 25%. FISCAL IMPACT: There will be no effect on ad-valorem or general fund dollars. Funds are available within the Housing Grant Fund (705) FY2008 - FY2013 HOME Projects (44550 $63,416.78), (44555 • $282,888.23), (33089 $267,046.78), (33177 $295,548.21), (33237 $91,100) & (33290 $144,000)). The 25% match requirement of $286,000 will be met through SHIP funds; however, the developer is encouraged to provide match funds for HOME eligible match activities. Should the Developer provide eligible match it will reduce the amount of SHIP match required. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.-JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairwoman to execute the developer agreement between Collier County and Big Cypress Housing Corporation(BCHC). Prepared By: Rosa Munoz, Grants Coordinator;Housing, Human&Veteran Services Packet Page-1439- 10/22/2013 16.D.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.15. Item Summary: Recommendation to approve a Home Investment Partnerships (HOME) Program Developer Agreement between Collier County and Big Cypress Housing Corporation (BCHC)for construction of a Multi-Family Rental Housing Project consisting of a minimum of Ten Single Family Rental Housing Units (Fiscal Impact$1,144,000). Meeting Date: 10/22/2013 Prepared By Name: MunozRosa Title: Grants Coordinator,Housing,Human&Veteran Services 10/8/2013 2:57:49 PM Submitted by Title: Grants Coordinator,Housing,Human&Veteran Services Name: MunozRosa 10/8/2013 2:57:51 PM Approved By Name: SonntagKristi Date: 10/8/2013 3:53:24 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 10/9/2013 9:33:12 AM Name: MesaNancy Title: Accountant,Housing,Human&Veteran Services Date: 10/9/2013 11:04:28 AM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 10/9/2013 11:28:12 AM Packet Page-1440- 10/22/2013 16.D.15. Name: GrantKimberley Title: Interim Director Date: 10/10/2013 1:03:01 PM Name: RobinsonErica Date: 10/10/2013 3:59:35 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/10/2013 4:43:03 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/10/2013 4:53:09 PM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2013 9:51:32 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 12:33:16 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/14/2013 10:20:22 AM Name: OchsLeo Title: County Manager Date: 10/14/2013 5:53:11 PM Packet Page-1441- 10/22/2013 16.D.15. Grant#- M-03-M-11-UC-1.2-0017 CFDA/CSFA#- 14.239 DEVELOPER—Big Cypress Housing 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, Florida 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 Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME Program on August 13,2013-Agenda Item 11A; and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2013-2014 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the DEVELOPER desire to provide the activities specified in this Agreement, in accord with the approved One-Year Action Plan; and WHEREAS, the COUNTY desires to engage the DEVELOPER to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page I of 35 Packet Page-1442- 10/22/2013 16.D.15. SCOPE OF SERVICES The DEVELOPER shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing HOME funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: FY2008 - FY2012 Amended Action Plans identified and approved the project to Big Cypress Housing Corporation (BCHC): A. Project Component One: 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, FL, in Section 30, township 46 South, Range 29 East, Collier County; Eight (8) of the units will be High Rents and two (2) Low Rents and all will be three bedroom units. Two (2)will be designated handicap units. Maximum Per-Unit Subsidy The maximum HOME per-unit subsidy may not be increased above 240 percent of the base limits authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In no case will the County's funding of the 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 3 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 rules shall be twenty (20) years. The Affordability Period will not commence until the Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which will require that construction be complete, all HOME funds have been disbursed by the COUNTY and drawn from the US Treasury, and required completion data has been entered in HUD's IDIS Federal Reporting System. The COUNTY will notify the DEVELOPER of the actual date of completion and the exact date of the expiration of the affordability period, which shall be calculated based on the date of completion. The COUNTY will record a covenant running with the land, in form satisfactory to the COUNTY, that provides a means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all other financing liens, including the first-position mortgage referenced above, and be enforceable against all successors in interest to VOASE. If necessary, the COUNTY may execute an amendment to the Covenant Running with the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of expiration of the affordability period. Failure of the project to meet all applicable HOME requirements for the entire Affordability Period will result in a requirement that all HOME funds be repaid by the DEVELOPER to the COUNTY. LONG TERM AFFORDABILITY The HOME-assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion. The per Big Cypress Housing Corporation (11M13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 2 of 35 Packet Page-1443- 10/22/2013 16.D.15. unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions. Rental housing activity Minimum period of affordability in years Rehabilitation or acquisition of existing housing per unit amount of HOME funds'Under$15,000 5 $15,000 to$40.000 10 Over$40,000 or rehabilitation involving refinancing 15 New construction or acquisition of newly 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 income. 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 income, then the maximum rent (i.e. tenant contribution plus project-based rental subsidy) is the rent allowable under 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 20% of their units occupied by Very-Low- Income (VLI) 50%of AMI or less. B. Project Component Two: Developer Fee, as specified in Exhibit H Items identified for funding are outlined in the budget in Section III. Any funds the CHDO 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. Ill. AGREEMENT AMOUNT The COUNTY agrees to make available at least ONE MILLION DOLLARS AND NO CENTS (51,000,000) HOME Grant for the use by the DEVELOPER during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts Big Cypress Housing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 3 of 35 Packet Page-1444- 10/22/2013 16.D.15. 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 ONE MILLION DOLLARS AND 00/100 DOLLARS (S1,000,000) unless an additional $144,000 of grant funds is allocated by the Board of County Commissioners in a Substantial Amendment to the County's Action Plan. If so, the SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed ONE MILLION, ONE HUNDERD FORTY FOUR THOUSAND AND 00/100 DOLLARS ($1,144,000). 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 *$1.079.000 Project Component Two: Developer Fee $ 65,000 Total Pro'ect Ex'enses: 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 shall not be more than 10% 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 Services 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 eligible 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 requirement for the HOME program. Pursuant to Florida Big Cypress Housing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental 1-lousing Construction Page 4 of 35 Packet Page-1445- 10/22/2013 16.D.15. administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities. The County will apply those funds as a source of match to meet the federally required match commitment of 25%. The County shall reimburse the DEVELOPER for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of quarterly progress reports. DEVELOPER may not request disbursement of HOME funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work performed are required every month. DEVELOPER may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the DEVELOPER is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the DEVELOPER when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if DEVELOPER fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, 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 following table details the project deliverables and payment schedule: Deliverable Payment and/or Deliverable Submission Schedule for Supporting Documents Payment and/or Deliverable Project Component One: Upon invoicing using Exhibit B will reimburse Payment Request: Monthly Single Family Rental allowable expenses on AIA G702-1992 form Housing Construction (attached as Exhibit "G") or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back up 10% ($100,000)/*($14,400) released upon Certificate of Completion of 10 units, final waiver of lien from general contractor Project Component Two: Upon invoicing using Exhibit B and Developer Payment Request: Per Developer Fee Fee documentation/as evidenced by i.e. occurrence Certificate of Occupancy and signed lease agreement with income qualified eligible tenant. Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 5 of 35 Packet Page-1446- 10/22/2013 16.D.15. HOME Match Requirement Documentation of developer activities Deliverable: Quarterly,as identified Amok Creation and maintenance of N/A Deliverable: Ongoing and income eligibility files on to be reviewed during clients served monitoring Ten households will benefit N/A Deliverable: Ongoing and from this funding and will be evidenced by lease low-and moderate-income agreement (LM.A)persons Eight(8)at High HOME rents and two(2)at Low HOME rents Quarterly Progress Report Exhibit D Deliverable: Quarterly Proof of Insurance Insurance certificate Deliverable: Annually within 30 days of renewal Affirmative Plan Documents Deliverable: Within 30 Action/Marketing Plan days of contract execution and as modified HQS Inspections Inspection Forms Deliverable: Annually 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 Exhibit E end of fiscal year Property Inventory Proof of continued ownership/management of Deliverable: 11/30 annually property Milestone Deadline Update Collier County SDP Platt and SWFWMD 1/2014 Drainage Approvals as required Obtain Environmental Clearance 1/2014 Retain Project Architect and Civil Engineer 2/2014 Submit for County building Plans &obtain 5/2014 approval Bid construction contract 6/2014 Select Contractor 7/2014 Start construction 9/2014 Construction of 10 units complete 10/2015 Units Leased/Occupied 1/2016 Big Cypress Housing Corporation (HM I3-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 6 of 35 411, Packet Page-1447- 10/22/2013 16.D.15. 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 ATTENTION: Rosa Munoz, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 mailto:RosaMunoz(,Colliergov.net 239-252-5713 DEVELOPER ATTENTION: Steve Kirk, President Big Cypress Housing Corporation P.O. Box 343529 Florida City, FL 33034 mailto:mailtokirknet@vahoo.com 305-242-2142 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 the event of curtailment 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 sole 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 the 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 Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 7 of 35 Packet Page-1448- 10/22/2013 16.D.15. B. GENERAL COMPLIANCE Ask The DEVELOPER agrees to comply with the requirements of 24 CFR Part 92 of HOME Investment Partnerships Program Grants including subpart H of these regulations, except that (1) the DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and (2) the DEVELOPER does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. The DEVELOPER also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The DEVELOPER further agrees to utilize funds available 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 relationship of employer/employee between the parties. The 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, life and/or medical insurance and Workers' Compensation Insurance, as the DEVELOPER is an independent 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. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local 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 Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 8 of 35 Packet Page-1449- 10/22/2013 16.D.15. To the maximum extent permitted by Florida law, the DEVELOPER shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the DEVELOPER or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the DEVELOPER in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The DEVELOPER shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain 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 shall 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 reports and similar public notices prepared and released by the DEVELOPER for, on behalf of, and/or about the Program 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 termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 9 of 35 Packet Page-1450- 10/22/2013 16.D.15. (A) The following actions or inactions by DEVELOPER shall constitute a Default under this Agreement: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the DEVELOPER to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the DEVELOPER to the Grantee reports that are 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. Failure to materially comply with the terms of any other agreement between the County and the DEVELOPER relating 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: 1. Require specific performance of the Agreement, in whole or in part; 2. Require the 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 sanctions set forth in 24 CFR 92, if determined by the County to be applicable; 5. Stop all payments until identified deficiencies are corrected; 6. Terminate this Agreement by giving written notice to DEVELOPER of such termination 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 Cypress dousing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 10 of 35 ,1 Packet Page-1451- 10/22/2013 16.D.15. 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 funds 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 funds 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: Direct HOME Subsidy 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 Housing Corporation (HM 13-03 Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 11 of 35 Packet Page-1452- 10/22/2013 16.D.15. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The DEVELOPER shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and regulations. This documentation shall include,but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. All records required by HOME. 2. DEVELOPER shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. 3. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the DEVELOPER for the purpose of this Agreement shall be made available to the COUNTY by the DEVELOPER at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs. direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement 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. In any event the DEVELOPER shall retain all documents and records in a readily accessible, permanent location for four (4) years after project completion; provided, however, that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, 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 five (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 ceases 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 termination 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 Big Cypress Housing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 12 of 35 Packet Page-1453- 10/22/2013 16.D.15. provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 5. The DEVELOPER shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. DEVELOPER shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the DEVELOPER shall maintain records showing compliance with federal purchasing requirements and with other federal 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 the DEVELOPER's compliance. 7. Provide the public with access to public records on the same terms and conditions that the public agency would 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 requirements 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, April, 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 example 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 received 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 180 days after the DEVELOPER's fiscal 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 Cypress Housing Corporation (11M 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 13 of 35 Packet Page-1454- 10/22/2013 16.D.15. may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the Aosok 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-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The DEVELOPER shall, upon the request of HHVS, submit information 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 site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. ADDITIONAL HOUSING, 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, shall be made by purchase order or by a written contract and in conformity with the thresholds of Collier County Purchasing Policy, Purchasing Threshold Policy Dollar Range (S) Quotes Under$3K 1 Written Quote $3K to $50K 3 Written Quotes Request for Proposal (RFP) Above 550K 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 shall 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 Housing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 14 of 35 Packet Page -1455- 10/22/2013 16.D.15. returned to the County. Any funds paid in excess of the amount to which the DEVELOPER is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in Section IX.B.3, the DEVELOPER shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. DEVELOPER shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The County will record a Mortgage, Deed and Note for each property upon completion of each HOME unit. Developer shall execute any additional documents 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 RIGHTS COMPLIANCE The DEVELOPER agrees that no person shall be excluded from the benefits of; or be subjected to, discrimination under 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 discrimination,the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income 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-OWNED BUSINESS ENTERPRISES The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance 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 (15 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-Americans, 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 project 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 reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall Big Cypress Housing Corporation (I-IM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 15 of 35 Packet Page-1456- 10/22/2013 16.D.15. assist beneficiaries as defined above for the time period designated in Exhibit "D" of this Agreement. In accordance with 24 CFR 92.252(b), requires that projects with five (5) or more HOME assisted rental units have at least 20%of their units occupied by Very-Low-Income (VLI) 50%of AMI or less. D. AFFIRMATIVE ACTION/MARKETING PLAN The DEVELOPER 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 Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines 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. The Affirmative Action/Marketing Plan will need to be updated throughout the affordability 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 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 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 entity 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 ability to self-manage the project using its own employees. Any possible conflict of interest on the part of the DEVELOPER 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. 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 shall 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 services on the basis of religion and will not Iimit such services or give preference to persons on the basis of religion Big Cypress Housing Corporation (HM I3-03) ' Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 16 of 35 (C Packet Page-1457- 10/22/2013 16.D.15. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct HOME funds to support any inherently religious activities, such as worship, religious instruction or proselytizing d. The funds shall not be used 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 religious activities, HOME funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities 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 uses 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 validity or enforceability of any other section or part thereof. REMAINDER OF PAGE INTENTIONLALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Big Cypress Housing Corporation (I IM I 3-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 17 of 35 Packet Page-1458- 10/22/2013 16.D.15. IN WITNESS WHEREOF, the DEVELOPER and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk. GEORGIA A. HILLER, ESQ., CHAIRWOMAN Dated: (SEAL) Big Cypress Housing Co .oration By: DE si i.v.-?` r. q - Steve Kirk.Presi•ent DEVELOPER Name and Title Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney * Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 18 of 35 Packet Page-1459- 10/22/2013 16.D.15. EXHIBIT"A" INSURANCE REQUIREMENTS The DEVELOPER shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. 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. 3. 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 shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the DEVELOPER or the licensed design professional employed by the DEVELOPER in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the DEVELOPER and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the DEVELOPER or any person employed by the DEVELOPER in connection with this 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 OF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following 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 (100%) percent of the insurable value of the 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 that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental 1-lousing Construction Page 19 of 35 Packet Page-1460- 10/22/2013 16.D.15. and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/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.I.M.A. 12. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structures) 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 (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 20 of 35 Packet Page-1461- CA 10/22/2013 16.D.15. 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 343529/1.93008 SW 380th Street. Florida City. FL 33034 Project Name: Single Family Rental Housing Construction Project No: HM1.3-03 Payment Request# Dollar Amount Requested: $ SECTION II: STATUS 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 housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 21 of 35 Packet Page-1462- 10/22/2013 16.D.15. EXHIBIT"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: BY: BY: 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: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Big Cypress Housing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 22 of 35 Packet Page-1463- 10/22/2013 16.D.15. EXHIBIT"D" QUARTERLY PROGRESS REPORT Sub-recipients: Please fill in the following shaded areas of the report Agency Name: Big Cypress Housing Corporation(BCHC) . Date: Project Title: Single.Family Rental Mousing Construction r ,,� ' u f da C� c #` ' rn A,,.: �, a Alternate ,i' Program Contact: Steve Kirk,,President ,,, ,_ Contact Telephone Number: (305)242 2142 , - ,, *REPORT FOR QUARTER ENDING: that applies to the corresponding grant period)one: 0 01/31114 , ,'04130!14 07/31/14 , 0 10/31/14 ❑ (check 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-recipient,agreement and indicate your progress in meeting 1. those goals`since September 24,2013. ',,A.Outcome Goals list the outcome goal(s)from your approved application&sub recipient agreement 'u Milestone , 1, j � f . J v C o Plet>lon of vironmental ;1-dice z ' 4 . wt Sub 1'or C ?llllt}' 1i111d1Ii permits ,r ,, 3 , (�}� h a t0 1 a + i as� t4 i� r it �, t r Obtain DI �� A 4 a! l' �n e£7t�ap 4ai5. Yr d a rp r r : ; t Obtam CQAt1111d11IA1`n1itS 16 a f tl w r,; .Prepa'drQ And 5011014 01I' 'O1iS TliCt1071 3n 1"3ie ; 2;x4 ' 1 ' a :.;:.;.:..,,:''-:i,.,,..;"':,.,' .Jrk[1:and awnr-d construction contract s•Start construction t.� .i, i a, Construction of 10 units complete ' Lease Agreements Complete ._ r- B.Goal Progress Indicate the progress to date in meeting each outcome goal Outcome 1. _ ow h,. .,~, . �,.. Big Cypress I-lousing Corporation (I-UM13-03) Multi-Family Project consisting of a Minimum of Ten(I O)Single Family Rental Mousing Construction Page 23 of 35 Packet Page-1464- 10/22/2013 16.D.15. �t�. t 4 k 1° '1 r GI* � eh 5; �`1"r �J r P - r'kr ra , i d I `—'a' F t�F s. i t ,I I r3�r �"� y `� atw�a ��r' I , I i � lS$;.`-'Y4'ir' � p° ` 'r�'t r ' ys, ,Sn, n,. 11 t. , r i Pn ''� r r" .'_'.--,,,--7- i. h T diT d4 V I I 1 i f�4LU"":tsr�""�' � � �1 �� Fyn 4�"-�. ' � '" 4 7 � r,4 � -w °°"*r'*r5fi—y F�' ,#�+ 4� ^� x �T r, 44''''''''';'11' sti aw i r c_ -yR�a t� "._.;,-" e i } c£ > , / .�, ¢`' y,3� Y ,, i*N y, i tw'tu�r ..L1(� 2 dry 4 ,° i' 4'A'��,!a �4 'd� r 1, t lc, @�3 -€ not Y .� I 1 1 f !.E ` IIW $1 rya L,# C # 1 Attlq a '9,z b S f k a 2. ,i ' II 'ie,r : 2.1.Y i'1'".P,, ,, ,.,':',',.g s-., ,-0 ",.,,, � i ?' t y ,� 7 � �6�s I µ Yes : 4, ,,,,,f,' ' X11 ,. No If no,Iex•lainF: '5511 Y vF � Mt1 3 f ky� i .',:`'''J':'-'"(41,2111"� l 1 r, ,� q;,;"1:0,,,MI Y 'k P Ih' 9t1,7.-,-A,,,,,,; i C g 'd . ., °t r ti`1dily y11 ,i14 `A9 y r w+r r� z S 1 xvn�{wa;.'1 ,G n r8�xt r i fir „ kdwr;'''14.4,-"''''' IIB a4 IIPka,,- I . ,.„r, 3. Since October 1,2012,of the persons assisted;how.many.,.. a. ...now have new access(continuing)to this service or benefit? o b. ...now has improved access to this service or benefit? fis c. now receive a service or benefit that is no longer substandard? 'h; TOTAL: 0 d;e 5 Wtk$' n 'Y �, ,, ,1 rye W: t4 '‘..;:j,:-';-'.ry %+ ..iy � '�t�i ''.+r'� l �w .4A l.r�`, '.' r t "'� '4.' n bd� 7. 'y ,7 0.v J" 4N� r.-y.t ti ap 1 d a,q'�' F t C � - „� ;''''r er;;;; nr a Yip ^r-71 �s e,rE,#x� ,- ' , ,`� 'P1'`-� "� i`.s r<k� W s. AE" . c 4. [Wh*tundir ;: '.a apOi °irk 1 -17,.... �s�Rr6r�d��' t �i f"a W`' k' �,_pe^,4,... .',....mow, ,�e!�hi, ' ►Auiasx.`-rte .,. X04` k fi I- ' W_:m re a� a i _ "jfW ;( Section 108 Loan Guarantee ' HOPWA Other Consolidated Plan Funds CDBGi Other Federal Funds F' ESG `' 3 State/Local Funds HOME Total $ Entitlement $ Total Other Funds - Funds - I Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a ) 1 Minimum of Ten(10)Single Family Rental Housing Construction Page 24 of 35 CA Packet Page-1465- 10/22/2013 16.D.15. EXHIBIT "D" QUARTERLY PROGRESS REPORT 6. What Is the total number of UNDUPLICATED clients served this quarter,If applicable? a. Total No.of adult females served: 0 ''Total No.of females served under 18: 0; b. Total No.of adult males served: 0 Total No.of males served under 18: 0' TOTAL: 0 TOTAL: 0 c. Total No of families served: 0 `Total No.of female head of household: 0 6. What.is the total number of UNDUPLICATED ciients+served since October.If applicable? a. Total number of adult females served: ? 0 Total number of females served under 18: 0 • b. Total number of adult males served O °,'Total number of males served under 18: ;0 TOTAL: 0 TOTAL: 0 c. Total No.of families served: 0 Total No,of female head of household: 0 Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category. DO NOT COMPLETE BOTH QUESTION 7 AND 8. 7. PRESUMED BENEFICIARY DATA: r 8. (OTHER BENEFICIARY DATA:INCOME RANGE I Indicate the total number of UNDUPLICATFD persons served since October 1 who fall into Indicate the total number of rUNDUPLrKATED persons each presumed benefit category (the total served since October 1 who fall into each income should equal the tatsl in question#6): category(the total should equal the total in question#6): Report as: Report as: 0 Abused Children 0 Extremely low Income(0-30%) O; Homeless Person 0 Low Income(31-50%) o Battered Spouses .0` Moderate Income(51-80%) 0 " C Persons w/HIV/AIDS 0 , Above Moderate Income(>80%) 0 Elderly Persons 0 ' Veterans 0 Chronically/Mentally lli '.0 Physically Disabled Adults •0, Other-Youth TOTAL: 0 TOTAL: 0 9. 'Racial&Ethnic Data: 10f applicable) I 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 White , , of whom,how many are Hispanic? Black/African American '' '0 D' of whom,how many are Hispanic? Asian 0. 0` of whom,how many are Hispanic? American Indian/Alaska Native ..0 .0 1°:of whom,how many are Hispanic? Native Hawaiian/Other Pacific Islander,.' 0, • 0.':';of whom,how many are Hispanic? American Indian/Alaskan Native&White ,0 • 0 of whom,how many are Hispanic? Black/African American&White 0 4,' ;of whom,how many are Hispanic? Am. Indian/Alaska Native&Black/African Am. < 0 0 ':of whom,how many are Hispanic? • Other Multi-racial°' "0._ =0 '.;of whom,how many are Hispanic? Other 0 0 ;of whom,how many are Hispanic? TOTAL: 0 0 TOTAL HISPANIC Name: Signature' Your typed name here represents your electronic Title: signature Big Cypress Housing Corporation (11M13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 25 of 35 Packet Page-1466- 10/22/2013 16.D.15. EXHIBIT "E" oak ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Sub recipient Fiscal Year Name Big Cypress Housing Corporation (BCHC) period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and ,0o management letter. We are not subject to the requirements of OMB Circular A-133 because we: ❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above o Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 26 of 35 Packet Page-1467- 10/22/2013 16.D.15. EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958 B1963 Comp., P. 652 and 3 CFR 1980 Comp., P. 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and of the Civil Right Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. 2. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title VI of the 1984 Civil Rights Act. 42 USC § 2000d, et. seq 3. 24 CFR 570.601 Subpart K - The 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 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 5. Title VII of the 1968. Civil Rights Act as amended 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 Housing Corporation (HM 13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 27 of 35 ■ t '!{t Packet Page-1468- --% 10/22/2013 16.D.15. 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 opportunities 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 persons residing within the metropolitan area in which the HOME- funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project 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 rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public 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 project is located; where feasible, 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 incapacity exists that would prevent compliance with these requirements. 7. Age Discrimination Act of 1975, Executive Order 11063, 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. Uniform Relocation Assistance and Real Property Acquisition 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 CDBG and HOME. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Big Cypress Housing Corporation (HM I3-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 28 of 35 Packet Page-1469- 10/22/2013 16.D.15. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in CDBG and HOME Contracts. 15. The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 16. Public Law 100-430 -the Fair Housing Amendments Act of 1988. 17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: • Subpart A—General; • Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to DEVELOPERS; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu 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 lieu 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 following applies: ■ In all cases in which equipment is sold, 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 other Expendable Property o Section 84.51(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) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG or HOME activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 29 of 35 ((A 0, Packet Page-1470- 10/22/2013 16.D.15. which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG and HOME shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71. Closeout Procedures 18. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the DEVELOPER to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly. any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,as amended, and County Administrative Procedure 5311. 21. Order of Precedence - In the event 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 Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents 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 federal 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 action 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 party may obtain a court order requiring mediation under § 44.102, Florida Statutes. Big Cypress Housing Corporation (11M13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental 'lousing Construction Page 30 of 35 Packet Page-1471- 10/22/2013 16.D.15. 24. The DEVELOPER agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251. et seq., as amended. 25. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the DEVELOPER shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 26. The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 92.355. Property standards: The agreement must require the housing to meet the property standards in § 92.251 and the lead-based paint requirements in part 35, subparts A, B, J. K, M and R of this title, upon project completion. The agreement must also require owners of rental housing assisted with HOME funds to maintain the housing in compliance with § 92.251 for the duration of the affordability period. 27. The 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, Advisory 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 the 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 list. 28. The DEVELOPER must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 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 similarly debarred or 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 therein, 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 Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 31 of 35 Packet Page -1472- '' 10/22/2013 16.D.15. Educational Institutions (even if part of a State or local government) follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the DEVELOPER's fiscal year. The DEVELOPER shall 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 identified in an audit after such closeout. Clarification of Eligible Audit Costs The amendment to §92.206(d)(3) clarifies that eligible costs of a project audit 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, shall 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 DEVELOPER control, which is acquired or improved in whole or part with CDBG or HOME funds in excess of $25,000, must adhere to the CDBG 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 employee 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 Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 32 of 35 Packet Page-1473- '? 10/22/2013 16.D.15. If any funds other than Federal appropriated funds have been paid or will be paid 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 employee of a Member of Congress in connection with this Federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all DEVELOPERS shall certify and disclose accordingly. 35. Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem rates in effect at the time of travel. 36. Any rule or regulation determined to be applicable by HUD. 37. Florida Statutes 713.20, Part 1, Construction Liens. 38. Florida Statutes 119.021 Records Retention. 39. Florida Statutes, 119.071, Contracts and Public Records. Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 33 of 35 t= Packet Page-1474- l --' 10/22/2013 16.D.15. EXHIBIT "G" CHDO RULES, REGULATIONS, AND LAWS 24 CFR Part 92.206, HOME Investment Partnerships Program - The regulations governing the disbursement of HOME funds. 2. CHDO PROVISIONS: The COUNTY has certified the DEVELOPER as a CHDO. The DEVELOPER will maintain CHDO (Community Housing Development Organization) status for the term of the PROJECT/AGREEMENT in accordance with 24 CFR 92. DEVELOPER agrees to provide information as may be requested by the COUNTY to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. A CHDO must be separate from and not under the control of a government entity. CHDO Capacity Requirement CHDOs must have paid staff with capacity Must demonstrate capacity in the proposed role of the CHDO in order to receive a CHDO (own,develop,or sponsor housing),as defined in the 2013 Rule designation This can be done through: •Full-time or part-time staff •Independent contractors •Consultants,but ONLY during 1st 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 92.301. Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with 24 CFR 92.208. The DEVELOPER qualifies as a Community Housing Development Organization (CHDO) according to 24 CFR 92.2. As such the DEVELOPER 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 project. 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 H of these regulations. except that (1)the DEVELOPER does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 Big Cypress Housing Corporation (11M13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 34 of 35 1 Packet Page -1475- � �� 10/22/2013 16.D.15. EXHIBIT"H" DEVELOPER 1. 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)(1). New housing construction is undertaken pursuant to 24 CFR 570.204, or as amended. GENERAL 2. 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 3. Grantee shall pay Developer a Six Thousand Five-Hundred and 00/100 Dollars $6,500) Developer fee for each of the ten (10) properties associated with this Agreement. The maximum combined Developer fee paid by Grantee to Developer through this Agreement shall be Sixty Five Thousand and 00/100 Dollars ($65,000); this amount represents a cumulative of Developer fees paid for each of the properties associated with this Agreement. METHOD OF PAYMENT 4. 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 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 eligibility Big Cypress Housing Corporation (HM13-03) Multi-Family Project consisting of a Minimum of Ten(10)Single Family Rental Housing Construction Page 35 of 35 Packet Page-1476- 10/22/2013 16.D.15. From: GrantKimberlev To: GrafCvnthia Subject: RN:Hatchers Preserve Date: Tuesday,October 15,2013 9:51:34 AM From: Dottie Cook [mailto:easf©earthlink.net] ^mm Sent: Tuesday, October 08, 2013 1:09 PM To: GrantKimberley; SonntagKristi Subject: Hatchers Preserve Kim & Kristi: The Empowerment Alliance wants to continue seeking alternatives to repaying the CDBG grant prior to the closing in December on the land. If no alternative can be found, the Empowerment Alliance is willing to repay the $59,001 CDBG grant for Hatchers Preserve from the closing proceeds from the sale of Hatchers Preserve to Big Cypress Housing, provided the County will release in full to the Empowerment Alliance the bond held by the Empowerment Alliance for Hatchers Preserve and the County provides a written statement that the Empowerment Alliance is released from all obligations related to and from all further involvement in the Hatchers Preserve project upon its transfer to Big Cypress Housing. Please confirm that the above is sufficient for you to move forward with the project with Big Cypress Housing. Thank you. Dottie Cook Empowerment Alliance of Southwest Florida 750 South Fifth Street Immokalee, FL 34142 239-658-3315 239-657-3084 (fax) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. AvIN Packet Page -1477-