Backup Documents 02/10/2009 Item #16D 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original document~ should h.; hand delivered to the Board OtIice. The completed routing slip and original
documents are to be f()fWarded to the Board Onice only llfte-r the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's simature., draw a line throusd1 routifU!' lines #1 through #4, complete the checklist,. and forward to Sue Filson line #S).
Route to Addressee(s) Office Initials Date
(List m routina order'
1.
~i"\l -
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
sununary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact stafffor additional or missing
information. All original documents needing the ace Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the
item.'
Name of Primary Staff Rosa MWloz, Grants Coordinator Phone Number 252-5713
Contact
Agenda Date Item was February 10, 2009 Agenda Item Number 1606
Annroved bv the BCC
Type of Document Contract Amendment Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable colull11L whichever is
a fO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainll3lL with the exception of most letters. must be re,"iewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions. etc. signed by the County Attorney's Office and signature pages from
contracts. agreements. etc. that ha,.e been fully execnted by all parties except the BCC
Chainnan and Clerk to the Board and ssibIY State Officials.)
All handwritten strike-through and re,.isions ha,.e been initialed by the County Attorney' s
Office and all other ies exce t the BCC Chainnan and the Cletk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the f1nalne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ture and initials are uired.
In most cases (some contracts are an exception). the original docnment and tltis routing slip
should be provided to Sue Filson in the BCC office within 2-1 hours ofBCC approval.
Some documents are time sensitive and require fomarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines I
The document was approved by the BCC on 2/10/2009 (enter date) and ail changes
made during the meeting have been incorporated in the attached document, The
County Attornev's Office has reliewed the chan s, if a ..licahIe.
Yes
(Initial)
Y
N/A(Not
A Iicable)
2.
3.
-I.
5.
6.
Y
Y
Y
Y
Y
I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Originat9.03.04, Revised 1.26.0:5, Revised 2.24.0:5
160
MEMORANDUM
Date:
February 11, 2009
To:
Rosa Munoz, Grants Mgmt. Coordinator
Housing & Human Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract Amendment - Eden Gardens Apartments
Attached please find a copy of the amendment agreement as referenced above,
(Agenda Item #16D6), approved by the Board of County Commissioners on
Tuesday, February 10, 2009.
The Minutes & Records Department has retained the original which will be
kept as part of the Board's permanent record.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
6
t.
,
160 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the Chairman to
sign an amendment to the Eden Gardens Apartments Limited Partnership; State Housing Initiatives
Partnership (SHIP) Loan for (55) Fifty-Five Multi-Family Rental Units Subrecipient Loan approved
on November 13, 2007 (Item 16D27) for $442,000.00 This amendment will allow for a time extension,
budget change and payments to be made to Eden Gardens Apartment LLP as reimbursement for
expenses incurred for eligible costs associated with the Agreement even though leasing of the units is
not complete.
OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign
an amendment to the Eden Gardens Apartments Limited Partnership; State Housing Initiatives
Partnership (SHIP) loan for (55) Fifty-Five Multi-Family Rental Units Subrecipient Agreement which
would allow for time extension, budget change and payments to be made to Eden Gardens Apartments
Limited Partnership as reimbursement for expenses incurred for eligible costs associated with the
Agreement even though leasing of the units is not complete.
CONSIDERATIONS: On November 13, 2007, the Collier County Board of County Commissioners
approved a $442,000.00 Subrecipient Agreement with Eden Gardens Apartments Limited Partnership to
develop and construct 55 rental units for migrant farm workers in the Immokalee area. Eden Gardens is
now in the process of finishing these units and has submitted a payment request(s) for reimbursement of
eligible costs. The Housing and Human Services Department (HHS) is requesting that the Agreement be
amended to specifically allow for partial or progress payments. 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 construction 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 SHIP requirements are met.
FISCAL IMPACT: No general funds are associated with amendment. Expenditures for the SHIP
funded project associated with this amendment have already been budgeted in SHIP Fund (191) for FY07.
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
RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman
to sign an amendment to the Eden Gardens Apartments Limited Partnership State Housing Initiatives
Partnership (SHIP) for (55) Fifty-Five Multi-Family Rental Units Subrecipient Agreement approved
November 13, 2007, which will allow for payments to be made to Big Cypress as reimbursement for
expenses incurred for the Agreement even though leasing of the units is not complete.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Department
160 6
EXlllBIT A-I Contract Amendment # 1
"Eden Gardens Apartments Limited Partnership State Housing Initiatives Program (SHIP) New
Construction Loan for (55) Fifty-Five Units"
This amendment, dated February 10. 2009 to the referenced agreement shall be by and between the
parties to the original Agreement, Eden Gardens ("Developer") and Collier County ("County"), a
political subdivision of the state of Florida..
Statement of Understanding
RE: Contract # CSFA #52.901, "Eden Gardens Apartments Limited Partnership State Housing
Initiatives Program (SHIP) New Construction Loan for (55) Fifty-Five Units"
In order to continue the services provided for in the original Contract document referenced above,
the Developer agrees to amend the above referenced Contract as follows:
Exhibit A
AMEND: Exhibit A - Scope, Section C, Budget
Note: Words underlined have been added. Words stmek through have been deleted.
c.
SHIP BUDGET:
Line Item:
SHIP Funds
TOTAL SHIP FUNDS
$397,899.00 $442.000
$ 44,200.00
$442,000.00
Procurement, new construction ftRd CO efuoits
Developer' s feel Mmioistr-ati'/elPfojeet Costs
AMEND: Exhibit A - Scope, Section I, Work Schedule
Note: Words underlined have been added. Words streak through have been deleted.
PlefISe lIate that if /lilY 8f these treIi.ities eJreeed Ihe timelilte by IlI'8 _It tits R revised w8f'k
sehe_1e _st be Sltblffiikd 18 the lliHIsillg RIId H,,_ Seviees lJepartlrfelft at whielt time the
Rgt'eemelfl hflJi 18 be _tlM RIId Sltbmittetl la Bee fo, Ilf1]H'6Jvd.
NOTE: Performance milestones are ill effecl for OrDfl1'(lm mani/orin!! requirements onlv. and as
such. are used bv BUD and other fl1'(lntor a!!encies as !!eneral tarl!et !!oaIs rather Ihan strict
oerformance reQuiremenls.
I. WORK SCHEDULE: The time frame for completion of the outlined activities shall be:
June 30. 2009.
I ~:
Start OOHstftl6tieo
~=f55110itS eORljllete
Lease Up Complete
II
11 ~J.Q/07
10!J.Q/08
12/J.Q/0S
160 6
Exhibit A-I Contract Amendment #1
Eden Gardens Apts LLP SHIP New Construction Loan, Page 2 of3
AMEND: Exhibit A - Scope, Section I, Compensation
Note: Words underlined have been added. Words strnek through have been deleted.
COMPENSATION: 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
HHS pursuant to the submittal of monthly progress reports as identified in Section L.
Reimbursement shall be made to the DEVELOPER when requested as work progresses, but not
more frequently than once per month.. Progress payments to the Eden Gardens Apts LLP as
approved 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, construction development. Payments for
eligible work tasks and/or activities may be made directly to the provider of the service{ s), as
approved by HHS, at Eden Garden's request. Aaileref!ee to the wer4( seheaule identifies if! Seetiea
H will be reqlliFsa, lInless mesif.iea ia writing by tile ]3arties. Reimbursement will be made upon
receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat., otherwise known as
the "Fleriaa Local Government Prompt Payment Act".
All other terms and conditions of the agreement shall remain in force.
Exhibit A-I Contract Amendment #1
Eden Gardens Apts LLP SHIP New Construction Loan, Page 3 of 3
16D 6
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.
Accepted:
;z ~ If) -
,2009
ATTEST:
.i
,.vi
COUNTY:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER I TY, FLORIDA I ~
By: ~' ~4..~
Donna la, Chairman
B'~
"'JR'. _ Qat '.,
,.~u.\,... .ft" .' . ,,'
Eden Gardens Apartme)tts, LLP
/~
DEPARTMENT DIRECTO
/
By: .,'
Steve Kirk, President
By:
I
.'
-----?:>
WITNESS:
F
DIVISION AD~NISnOR
By ~- fi,,"~J (J
GRA~Jeo0RDINAT.9R_-
BY'_......./~.:?7C r-~
Rosa Munoz .
By:-:;OL ) c,- /). Sc llJ~=
'-'
,J, l (~c,l)c\::x\ '-- \ <c I
Print Name and Title
WITNESS:
~, nk,,,.L J J~A ::>
Vi tJes.
CONTRACT SPECIALIST
By '1 LU1.tJ ) ,,.J
~b.o~c.
Print Name and Title
Approved as to form and
Legal Sufficiency:
~ --yvI l:!r{PAt p..
ASSIstant County Attorney
CdJ:of..fl rn 6r{if(lJL
Printed Name