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Agenda 01/13/2009 Item #16D 5Agenda Item No. 16D5 January 13, 2009 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Amendment to the Habitat for Humanity's (Habitat) Acquisition/Rehabilitation /Resale Subrecipient Agreement approved on September 23, 2008 (Item 10K) for $1,104,000. This Amendment will allow reimbursement of Habitat's expenses for all eligible costs associated with the Agreement and allows direct payment to be made to contractors and vendors for goods and services provided in support of this Agreement. OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign an Amendment to the Habitat for Humanity Acquisition/Rehabilitation/ Resale Subrecipient Agreement which would allow reimbursement of Habitat for Humanity's expenses for any eligible costs associated with the purchase and /or rehabilitation and/or resale of the foreclosed homes and does not require the completion of all Agreement milestones for requests for reimbursement to be paid. This Amendment will also allow direct payment to be made to vendors and contractors providing good and services in support of the Agreement. CONSIDERATIONS: On September 23, 2008, the Collier County Board of County Commissioners approved a $1,104,000 Subrecipient Agreement with Habitat for Humanity to purchase /rehabilitate /resell foreclosed homes in the Naples Manor Area of Collier County. Habitat for Humanity has now begun the process of purchasing the foreclosed home sites and has submitted their payment request(s) for reimbursement of eligible costs. The Clerk's Office has requested that the Agreement be amended to specifically allow for partial or progress payments. The Housing and Human Services Department (HHS) is proposing Amendment #1 to this Agreement which will allow payment for any eligible costs incurred for any allowable activity in support of this Agreement. The Amendment will also allow payment to be paid directly to vendors and contractors for goods and services performed in any phase of the purchase, rehabilitation, or resale of the foreclosed homes covered by this Agreement upon approval by HHS Staff. HHS staff is responsible for the monitoring and oversight of this project until all milestones are completed and all CDBG requirements are met. FISCAL IMPACT: No general funds are associated with this Amendment. Expenditures for the CDBG project associated with this Amendment have already been budgeted in CDBG Grant Fund (12 1) for FY08. GROWTH MANAGEMENT IMPACT: The project associated with this Amendment is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. -CMG Agenda Item No. 16D5 January 13, 2009 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign Amendment #1 to the Habitat for Humanity Acquisition/Rehabilitation/ Resale Subrecipient Agreement dated September 23, 2008, which will allow reimbursement of Habitat for Humanity's expenses for all eligible costs associated with any allowable activity associated with the purchase and/or rehabilitation and /or resale of the foreclosed homes covered by the Agreement and will allow direct payment to vendors and contractors providing goods and services in support of the Agreement. Furthermore, the Amendment specifies that project milestones outlined in the Agreement will be used by HHS Staff as program goals rather than requirements for reimbursements of allowable expenses. Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Department Page 1 of 1 Agenda Item No. 161D5 January 13, 2009 Page 3 of 5 file: / /C:AAgendaTest \Expot\1 21 - January %2013,% 202009 \16. %2000NSENT %20AGENDA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D5 Item Summary: Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Amendment to the Habitat for Humanitys (Habitat) Acquisition /Rehabilitation /Resale Subrecipient Agreement approved on September 23, 2008 (Item 10K) for $1,104,000. This Amendment will allow reimbursement of Habitats expenses for all eligible costs associated with the Agreement and allows direct payment to be made to contractors and vendors for goods and services provided in support of this Agreement. Meeting Date: 1113/2009 9:00.00 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1 211 612008 1:52 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 12116/2008 3:53 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1211612008 4:20 PM _,. Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1211912008 3:23 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 12/22/2008 11:34 AM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 1212212008 3:07 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1212212008 4:59 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12)2312008 10:00 AM Commissioners file: / /C:AAgendaTest \Expot\1 21 - January %2013,% 202009 \16. %2000NSENT %20AGENDA \... 1/7/2009 Agenda Item No. 16D5 January 13, 2009 Page 4 of 5 EXHIBIT A -1 Contract Amendment # 1 "Habitat for Humanity (Habitat) Acquisition, Rehabilitation, Resale Supplemental CDBG" This amendment, dated January 13 . 2009 to the referenced agreement shall be by and between the parties to the original Agreement, Habitat for Humanity (to be referred to as "Sub - Recipient") and Collier County, a political subdivision of the state of Florida, (to be referred to as "County ".) Statement of Understanding RE: Contract # B- 08 -UC -12 -0016, "Habitat for Humanity- Acquisition, Rehabilitation, Resale Supplemental CDBG." In order to continue the services provided for in the original Contract document referenced above, the Sub - Recipient agrees to amend the above referenced Contract as follows: AMEND: Exhibit A- Scope, Section G (Work Schedule) language Note: Words underlined have been added. Words struck through have been deleted. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HH.S. NOTE. Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict Performance requirements. AMEND: Exhibit A, Scope, Section K (Compensation) language Note: Words underlined have been added. Words struck through have been deleted. COMPENSATION: The County shall reimburse the SUB - RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports, but not more frequently than once per month. Progress payments to Habitat for Humanity, as apnroved by HHS, can be made for any eligible activity listed in the contract. Eligible work tasks and/or activities shall include but not be limited to acquisition of aproperty rehabilitation of the property and resale of the property to an income qualified buyer. Payments for eligible work tasks and/or activities may be made directly to the provider of the service(s) as approved by HHS, at Habitat's request. Adherence to the work schedule identified in Section G will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat. otherwise known as the `Local Government Prompt Payment Act." All other terms and conditions of the agreement shall remain in force. Exhibit A -I Contract Amendment #I Habitat for Humanity - Foreclosure Strategy, Page 2 of 2 Agenda Item No. 16D5 January 13, 2009 Page 5 of 5 IN WITNESS WHEREOF, the Sub - Recipient and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Dwight E. Brock, Clerk in Sub - Recipient Accepted: _ COUNTY: 2009 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Lo Tom Henning, Chairman Habitat For Hui ity DEPARTMENT DIRECTOR B By: Dr. Sam D o, Executive Director Marcy Kru�mbune I WITNESS: DIVIS19P ADATIST"R `t l Maria Ramsey t&e-K tk0LA jvhe�a�Lilss� Print Name and Title L15lrki DeucldPW- GRAN ORDIN R osa nti oz WITN SS: By: — MR�O Print Name and Title Title Approved as to form and Legal Sufficiency: ( &2c � CPj Assistant County Attorney Colleen rl 6r6ere -c- Printed Name CONTRACT SPECIALIST / ` LyA Woo