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Agenda 02/14/2012 Item #10G2/14/2012 Item 10.G. EXECUTIVE SUMMARY Recommendation to approve payment for work performed prior to the start date of Contract #10- 5514 with a technical assistance provider, Florida Housing Coalition (FHC) in the amount of $4,377.50. OBJECTIVE: To remedy a situation where work was performed before the start date of a valid contract for work mandated by a grantor agency. CONSIDERATIONS: Collier County has experienced several years of Single Audit findings for the State Housing Initiatives Partnership (SHIP) program due to not submitting accurate and timely annual reports. In order to bring the situation into compliance, the Florida Housing Finance Corporation (Corporation and SHIP grantor) required Collier County to avail themselves of technical assistance (TA) perfonned by the Florida Housing Coalition (FHC) to complete reconciliations and submit required overdue annual reports. FHC has the Catalyst contract with Florida Housing Finance Corporation to provide technical assistance, and as such is the designated provider of said assistance per Section 67- 37.019 of the Florida Administrative Code. In order to begin use of this TA the HHVS and Purchasing departments worked with FHC to create a contract and a scope of work not to exceed $10,000.00. The contract was signed by the authorized representative at FHC on July 25, 2011, but not fully executed by Collier County until October 19, 2011. The only reason for delay was the need for FHC to add Collier County as an additional insured on FHC's existing and in -force insurance policy. Circumstances of this nature are addressed under Section XVII of the Board's Purchasing Policy, which addresses "unauthorized purchases." Pursuant to that subsection, staff has reviewed the matter and recommends that the Board authorize payment for the services provided. The rationale for requesting this action is as follows: • This is an administrative issue, only; there was no other dispute concerning the contract terms • Insurance was in force when work began but the Coalition did not have the additional insured endorsement until later • The state mandated that Collier avail themselves of these services, the contract was merely necessary to support payment of the services rendered • The Coalition provided mandated services in good faith as required by the Catalyst contract Staff recognizes the importance of effective contract management, and respects the associated policies and procedures. Steps have been taken to mitigate recurrence. Staff respectfully requests that payment approval be given for validated work performed prior to October 19, 2011 only to the extent that the sum of the work performed before and after the effective date does not exceed the total contract value, $10,000. This chart clarifies the numbers and the intent. Packet Page -931- 2/14/2012 Item 10.G. Value of validated invoices after 10/19/11 $5,622.50 Remaining value to be paid from re- 10/19/11 invoices $4,377.50 Total amount being authorized for payment $10,000.00 FISCAL IMPACT: Funds are available in the SHIP grant fund to pay these fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact from this recommendation. LEGAL CONSIDERATIONS: The County Attorney is providing an "after the fact" review of staff's decision to authorize this vendor to commence services prior to the contract commencement date. Section XVII of the Board's Purchasing Policy addresses "Unauthorized Purchases" by county employees. Under that section, the policy provides that any unauthorized purchase does not require that the county be bound nor necessitate the county's approval of such purchase. Consistent with that policy, however, the Board can determine whether it is in the best interests of the County to allow and approve the procurement. The Board is authorized to determine the validity of such claims and determine that the request sought equitably reflects the fair value of the work performed and furnished to the County, for which the County has benefited, and approve payment for work performed prior to the effective date of the contract. RECOMMENDATION: To approve payment for work performed prior to the effective date of the contract between Collier County and the Florida Housing Coalition in the amount of $4,377.50. PREPARED BY: Kimberley Grant, Interim Director Housing, Human and Veteran Services Packet Page -932- COLLIER COUNTY Board of County Commissioners Item Number: 10.G. 2/14/2012 Item 10.G. Item Summary: Recommendation to approve payment for work performed prior to the start date of Contract #10 -5514 with a technical assistance provider, Florida Housing Coalition (FHQ in the amount of $4,377.50.(Kim Grant, Interim Director Housing, Human and Veteran Services) Meeting Date: 2/14/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 1/24/2012 4:40:53 PM Submitted by Title: Interim Director, HHVS Name: GrantKimberley 1/24/2012 4:40:54 PM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 1/24/2012 7:44:24 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 1/25/2012 3:22:02 PM Name: AckermanMaria Date: 1/25/2012 3:57:58 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 1/26/2012 1:18:56 PM Packet Page -933- Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 1/31/2012 10:17:36 AM Name: RamseyMarla Title: Administrator, Public Services Date: 2/3/2012 12:39:44 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/7/2012 3:42:02 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 2/7/2012 4:26:51 PM Name: KlatzkowJeff Title: County Attorney Date: 2/7/2012 4:55:10 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Ofce of Management & Budget Date: 2/7/2012 5:03:03 PM Name: OchsLeo Title: County Manager Date: 2/7/2012 5:25:53 PM Packet Page -934- 2/14/2012 Item 10.G.