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Agenda 10/22/2013 Item #16D10 10/22/2013 16.D.10. EXECUTIVE SUMMARY Recommendation to approve amendment No. 2 to the Home Investment Partnership (HOME) Program Agreement between Collier County and the Collier County Housing Authority, Inc. (CCHA) in order to extend the project completion date, update template language, and revise match language. (Fiscal Impact$0) OBJECTIVE: Complete necessary modifications to the subrecipient agreement to complete the project which benefits low income persons or households with rental and utility assistance and security deposits. CONSIDERATIONS: On October 25, 20]1, Item 16D2, the Board of County Commissioners (BCC) approved an agreement with the Collier County Housing Authority to administer the Tenant Based Rental Assistance(TBRA)Program. Funding for this project in the total amount of$300,000 will benefit low income persons or households with rental and utility assistance and security deposits. A modification to the subrecipient agreement is needed in order to extend the project completion date to January 31, 2014 to resolve match and payment issues. Other modifications to the subrecipient agreement are also proposed as follows: 1. TIME OF PERFORMANCE; Paragraph III. Project completion date is extended up to and including January 31, 2014. 2. CONSIDERATIONS AND LIMITATION OF COSTS; Paragraph IV. Update with revised language. 3. GENERAL CONDITIONS; Paragraph VI. Update with revised language. 4. ADMINISTRATION REQUIREMENTS; Paragraph VII. Update with revised language. 5. EXHIBIT A Scope of Services; A. PROJECT SCOPE; update match language; and B. BUDGET; update match language; and C. PROJECT WORK PLAN: revise completion end date. 6. EXHIBIT F; LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS; update with applicable Statute. The proposed modifications are allowable under the grant, and will not increase the amount of grant funds or impact the budget for this project. The Subrecipient 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 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)FY201 1-12 HOME Projects (33177.2.1 $300,000). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.-JAB Packet Page-1348- 10/22/2013 16.D.10. 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 Second Amendment to the subrecipient agreement between Collier County and the Collier County Housing Authority, Inc. for the TBRA Program. Prepared By: Rosa Munoz, Grants Coordinator; Housing, Human&Veteran Services Packet Page -1349- 10/22/2013 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.10. Item Summary: Recommendation to approve amendment No. 2 to the Home Investment Partnership (HOME) Program Agreement between Collier County and the Collier County Housing Authority, Inc. (CCHA) in order to extend the project completion date, update template language, and revise match language. Fiscal Impact$0. Meeting Date: 10/22/2013 Prepared By Name: MunozRosa Title: Grants Coordinator,Housing, Human &Veteran Services 10/7/2013 8:16:32 AM Approved By Name: MesaNancy Title: Accountant,Housing, Human &Veteran Services Date: 10/9/2013 11:04:17 AM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 10/9/2013 11:28:01 AM Name: SonntagKristi Date: 10/9/2013 12:30:39 PM Name: MagonGeoffrey Title: Grants Coordinator Date: 10/9/2013 1:05:33 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 10/9/2013 2:41:10 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing& Gene Date: 10/9/2013 4:21:05 PM Packet Page -1350- 10/22/2013 16.D.10. afok Name: Grant Kimberley Interim Director Date: 10/10/2013 12:11:09 PM Name: RobinsonErica Date: 10/10/2013 3:54:06 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/10/2013 4:48:34 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/11/2013 7:42:18 AM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2013 9:39:04 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date:10/11/2013 12:33:37 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/14/2013 10:51:24 AM Name: OchsLeo Title: County Manager Date: 10/14/2013 2:08:34 PM Packet Page-1351- 10/22/2013 16.D.10. Grant#- M-11-UC-12-0017 CFDA/CSFA# - 14.239 Subrecipient—Collier County Housing Authority,Inc. DUNS#-040977514 FETI #-59-1490555 FY End 9/30 Monitoring Deadline 1/2017 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY, INC. TENANT BASED RENTAL ASSISTANCE (TBRA) PROJECT This Amendment is entered into this day of , 2013, by and between the "Collier County Housing Authority, Inc., a special independent district of the State of Florida, created in accordance with Florida Statute Section 421.27 et seq.," a private not-for-profit corporation existing under the laws of the State of Florida", herein after referred to as SUBRECIPIENT and Collier County, Florida, herein after to be referred to as "COUNTY," collectively stated as the "Parties." RECITALS WHEREAS, on October 25, 2011 the COUNTY entered into an Agreement with the HOME Investment Partnerships (HOME) Program funds for the Tenant Based Rental Assistance (TBRA) Program which will provide assistance to eligible low income persons. (hereinafter referred to as the "Agreement"); and WHEREAS, on February 13,2013 the Agreement was amended. WHEREAS, the Parties desire to amend the Agreement to include terms required by Chapter 2013-154, Laws of Florida and make other modifications to the agreement 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 elgh are deleted; Words Underlined are added III. TIME OF PERFORMANCE 2011 HOME(HM11-01) CCHA TBRA Amendment#2 Page 1 of 6 Packet Page-1352- 10/22/2013 16.D.10. Aoki * * * _ - _. _ � a ..- ! .. _ -- = Services of the SUBRECIPIENT shall start on the 25th day of October, 2011 and end on the 31st day of January,2014. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets,including program income. TV. CONSIDERATION AND LIMITATION OF COSTS All improvements specified in Exhibit "A". Scope of Services shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVc the COUNTY, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT 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. Invoices for work performed are required every month. SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT 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." • * * * VI. GENERAL CONDITIONS 2011 HOME(HM11-01) CCHA TBRA Amendment#2 Page 2 of 6 C5.) Packet Page-1353- 10/22/2013 16.D.10. C. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS 26. Florida Statutes, 119,071. Contracts and Public Records * * * VII. ADMINISTRATIVE REQUIREMENTS * * B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by the HOME Federal 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 SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent and secured location for four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. 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 SUBRECIPIENT upon termination of the contract and destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. 2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. * * * 11. SUBRECIPIENT must 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. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. * * * F. PURCHASING 2011 HOME(HM 11-01) CCHA TBRA Amendment#2 Page 3 of 6 Packet Page-1354- 10/22/2013 16.D.10. Purchasing Threshold Policy Dollar Range($) Quotes Under$3K 1 Written Quote $3K to $50K 3 Written Quotes Request for Proposal (RFP) Above $50K Invitation for Bid(IFB) * * I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'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, unspent cash advances, 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 returned to the County. Any funds paid in excess of the amount to which the Subrecipient 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 X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY, INC. HOME TENANT BASED RENTAL ASSISTANCE (TBRA) PROJECT A. PROJECT SCOPE: The SUBRECIPIENT will be responsible for the following: d Match funding of 25% is required for this activity. The SUBRECIPIENT must provide Match Pursuant 24 CFR 92.218 Match is required for HOME funds. This project requires HOME match. Collier County will provide the match for this project however, the SUBRECIPIENT is encouraged to contribute Match to the project for HOME eligible activities. If the SUBRECIPIENT secures match the SUBRECIPIENT shall provide evidence of match. Contributions to a HOME eligible-project shall qualify under 24 CFR 92.218. 2011 HOME(HM11-01) CCHA TBRA Amendment#2 Page 4 of 6 Packet Page-1355- 10/22/2013 16.D.10. B. BUDGET: Collier County Housing, Human and Veteran Services is providing Three Hundred Thousand Dollars ($300,000.00) in HOME funding for the project scope described above. The 25% matching funds requirement of$75,000.00 is the responsibility of the SUBRECIPIENT. Match Line Item Description HOME Funds Rent $ 300,000.00 $--X5,000.00 Security Deposit Utilities Total HOME Funding $ 300,000.00 Total Maw S-7-54100-40 Funding TOTAL PROJECT AMOUNT $300,000 S-47500T00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Modifications to the "Budget and Scope" may only be made if approved in advance by the PP Y 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% of a cost category and activity shall only be made with board approval C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 10/01/2011 10/2012 Begin rental, security deposit and utility assistance 10/01/2011 10/2013 Completion of all TBRA assistance 01/2014 EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS * 40. Florida Statutes, 119.071. Contracts and Public Records * * * 2011 HOME(HM11-01) CCHA TBRA Amendment#2 Page 5 of 6 Packet Page -1356- 10/22/2013 16.D.10. IN WITNESS WHEREOF, the Parties 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 E. BROCK, CLERK COUNTY, FLORIDA By: , Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN Dated: (SEAL) COLLIER COUNTY HOUSING AUTHORITY, INC. By: Subrecipient Signature Subrecipient Name and Title Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney <17 \�\` 2011 HOME(HM 11-01) CCHA TBRA Amendment#2 Page 6 of 6 Packet Page-1357-