Loading...
Backup Documents 12/09/2014 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIf 6 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Peggy Hager CHS4/2/14/ /t 2. County Attorney Office County Attorney Office R 121511 4- 3. BCC Office Board of County -WA// \ZV� \ 4 Minutes and Records Clerk of Court's Office r11 t?111ttf Z' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Rosa Munoz,Gr t Coordinator Phone Number 252-5713 Contact/ Department C m 'ty and uman Services Agenda Date Item was 12/9/14 Agenda Item Number 16D3____/ Approved bythe BCC Pp Type of Document Amendment No. 1 to the Big Cypress Number of Original 3 Attached Housing Corporation's 2013 CDBG Documents Attached Agreement PO number or account N/A N/A number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman' original gnature? RM 2. Does the document need to be sent to anot ncy for additional signatures? If yes, N/A v provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be RM y/r signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 1./' Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RM V document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip._&M should be provided to the County Attorney Office at the time the item is input into SIRE. / Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on date above and all changes made RM 1/ s t 'i during the meeting have been incorporated in the attached document. The County VALO Attorney's Office has reviewed the changes,if applicable. i °y t 9. Initials of attorney verifying that the attached document is the version approved by the - !� +E BCC,all changes directed by the BCC have been made,and the document is ready t e • .1' t t i Chairman's signature. 1. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16133 MEMORANDUM Date: December 11, 2014 To: Rosa Munoz, Grant Coordinator Housing, Human & Veteran Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Amendment #1 for an Agreement between Collier County & Big Cypress Housing Corporation CBDG Grant #B-13-UC-12-0016 Attached are two (2) original amendment to the agreement referenced above, (Item #16D3) approved by the Board of County Commissioners on Tuesday, December 9, 2014. An original has been kept by the Minutes and Records Department for the Official Records of the Board. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 160 3 Grant# - B-04-UC-12-0016 CFDA/CSFA# - 14.218 DEVELOPER—Big Cypress Housing Corporation (BCHC) Agreement# CD13-05 DUNS # - 0647232520 IDIS# - 465 FEID # - 65-1067124 FY End 12/31 Monitoring Deadline 44404-8 04/2021 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION 0.1 This Amendment is made and entered into this day of ,,z_e_e , 2014, by and between "The Big Cypress Housing Corporation", a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as DEVELOPER and Collier County, Florida, hereinafter referred to as "COUNTY," collectively stated as the "Parties." RECITALS WHEREAS, on December 10, 2013, the COUNTY entered into an Agreement with Big Cypress Housing Corporation for Community Development Block Grant Program funds to be used for the CDBG Site Improvements Project (hereinafter referred to as the "Agreement"); and WHEREAS, the Parties desire to amend the Agreement to extend the project completion date, and include language to clarify federal compliance requirements of meeting a National Objective. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Struck Through are deleted; Words Underlined are added * All references to HHVS or Housing, Human and Veteran Services throughout agreement shall now read Community and Human Services (CHS) II. TIME OF PERFORMANCE Services of the DEVELOPER shall start on the 10th day of December, 2013 and end on the 34-st 30th of April, 2016. The term of this Agreement and the provisions herein may Big Cypress Housing Corp (CD13-05) Site Improvements Page 1 of 6 16 0 3 . be extended by amendment to cover any additional time period during which the DEVELOPER remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT 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 CDBG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of request. 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 authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the DEVELOPER. 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: Payment Deliverables Deliverable Payment- Supporting Documents Submission Schedule Project Component One: Site Upon invoicing using Exhibit B will Submission of Monthly Improvements Costsreimburse allowable expenses on AIA Invoices Funding costs may include but not G702-1992 form or equivalent document limited to the following site per contractor's schedule of values. improvement expenses per schedule of Supporting documents must be provided values: as back up. Infrastructure, sidewalks, landscaping, engineering, soil & other testing, utility Final 10% ($7,471.80) released upon installation, utility connection, and fees, documentation completion of activities. preserve and drainage maintenance, Supporting proof of payment documents survey and project sign, liability must be provided as back up. insurance, and permits Project Deliverables Deliverable Project-Deliverable Supporting Submission Schedule Documents Quarterly Reports Exhibit D Deliverable: Quarterly until project completion Big Cypress Housing Corp (CD 13-05) Site Improvements Page 2 of 6 16 1 3 and Annually thereafter until 11/2018 04/2021 Proof of Insurance Insurance Certificate Deliverable: Annually within 30 days of renewal until 4/2021 Affirmative Action/Marketing Plan Plan Documents Deliverable: Within 30 days of contract execution and as modified Annual Audit Audit Report with Management Letter Deliverable: 6/30 annually and Exhibit E until 4/2021 Affidavit of Continued Use Certification Document Annually through 11/2018 04/2021 Program Income Re-Use Plan Program Income Plan Document Annually through 11/2018 04/2021 The COUNTY will monitor the performance of the DEVELOPER based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the DEVELOPER within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. DEVELOPER agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. Big Cypress Housing Corp (CD13-05) Site Improvements Page 3 of 6 16 13 3 o The County may require upwards of five percent (5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non- compliance by certified mail; the Department may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the Department. o The Department may require upwards of ten percent (10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non-compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Big Cypress Housing Corp (CD13-05) Site Improvements Page 4 of 6 160 3 IN WITNESS WHEREOF, the DEVELOPER and the County, have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT BROCK, CLERK COUNTY, F ORIDA B Y ,Depth ,Cie TOM HE IN , CHA r. AN DateZeCa441>er1 ► (SEL) Attest as to Chairman s signature only. Big Cypress Housing Co p oration By: Alr�� EVE •PER Sig ture Steve Kirk, President DEVELOPER Name and Title Approved as to form and legality: %Cdk--1C --e—C21 42 Jennifer A. Belpedio Assistant County Attorney Big Cypress Housing Corp (CD 13-05) Site Improvements Page 5 of 6 16D3 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, Florida City, FL 33034 Project Name: Site Improvements Project No: CD13-05 IDIS#465 Payment Request# Total Payment minus Retainage: $0.00 Period of Availability: 11/12/ 13 11/11/11 12/10/13 —04/30/15 through Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 74,718.00 2. Sum of Past Claims Paid on this Account $ Total Grant Amount Awarded Less Sum 3. Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests (Minus Retainage) $ 5. Amount of Today's Request $ 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) (Includes Retainage) $ I certify that this request for payment has been dfawn made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the DEVELOPER. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director (approval required $15,000 and above) (approval required $15,000 and above) Big Cypress Housing Corp (CD 13-05) Site Improvements Page 6 of 6