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Agenda 12/14/2010 Item #16D 2 Agenda Item No. 16D2 December 14, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an amendment to the Community Housing Development Organization (CHDO) Set-Aside Funds Subrecipient Agreement with Florida Non-Profit Services, Inc. (FNPS) approved on July 27, 2010. This project was previously approved to purchase and rehabilitate a single family home in Immokalee. This amendment is to update language in Exhibit A, which includes Section A- the Scope, Section B- the Budget, Section C- the Work Plan, and Section D- the Payment Schedule to contain updatcd terms and to rcvise Exhibit C, containing additional grant requirements. This project will continue to mcct the original objective approvcd on July 27, 2010. OBJECTIVE: Reeommendation to approve and authorize the Chainnan to sign an amendment to the Community Housing Development Organization (CHDO) Set-Aside Funds Subreeipient Agreement with Florida Non-Profit Serviees, lne, (FNPS) approved on July 27,2010, This projeet was previously approved to purehase and rehabilitate a single family home in lmmokalee, This amendment is to update language in Exhibit A, whieh includes Seetion A- the Seope, Seetion B- the Budget, Seetion C- the Work Plan, and Seetion 0- the Payment Sehedule to eontain updated terms and to revise Exhibit C, eontaining additional grant requirements. This projeet will eontinue to meet the original objective approved on July 27,2010, - CONSIDERA nONS: On April 28, 2009, the Board adopted Resolution No. 2009-116 (Item 1603) approving the 2009-2010 Action Plan, wilieh is a report submitted to the U,S, Department of Housing and Urban Development (HUD) in which Collier County submits it's intended projeets to HUD, Florida Non-Profit Services, Inc. CHDO Set-Aside funding was included as one of the activities outlined in the Action Plan submission, On August 14,2009, HUD provided the FY 2009-2010 entitlement funding letter and agreement to the County in the amount of $3, 198,282. The Board of County Commissioners approved reeeipt of the entitlement funds on September 15, 2009 (Item 16020), The CHDO Set-Aside funds were inereased from $99,658,{J{J as lisled in the Action Plan to tile amount in the Subreeipient Agreement of $113, 123,{JO due to additional funds being reeeived from H,U,O, This amendment updates the terms and the budget information, in order 10 better faeilitate reimbursement for the Subrecipient. [n summary, the proposed amendment: I, Updates the terms and budget information in Exhibit A of the original Subreeipient Agreement. 2, Revise Exhibit C containing additional grant requirements. FISCAL IMPACT: No general funds are assoeiated with this amendment. Expenditures for the HOME projeet associated with this amendment have already been budgeted in HOME Grant Fund (121) for FY09, _ GROWTH MANAGEMENT IMPACT: Tbe project associated with this amendment IS eonsistent with the Growth Management Plan, Agenda Item No. 16D2 December 14, 2010 Page 2 of 11 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Omce and is legally sutlieient tor Board aetion,- JBW RECOMMENDA nON: Recommendation to approve and authorize the Chairman to sign an amendment to the Community Housing Development Organization (CHDO) Set-Aside Funds Subrecipient Agreement with Florida Non-Profit Services, Ine, (FNPS) approved on July 27, 2010. This projeet was previously approved to purchase and rehabilitate a single family home in lmmokalee, This amendment is to update language in Exhibit A, whieh includes Section A- the Seope, Section B- the Budget. Seetion C- the Work Plan, and Section D- the Payment Sehedule to eontain updated tenns and to revise Exhibit C, containing additional grant requirements, This projeet will eontinue to meet the original objeetive approved on July 27, 20 I 0, Prepared by: Sandra Marrero, Grants Coordinator 'Housing, Human and Veteran Services Department Item Number: Item Summary: Meeting Date: Agenda Item No. 16D2 December 14, 2010 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS H3D2 Reconlmendation to approve and autllOrize tile Chainl1an to sign an amendment to the Community Housing Development Organization (CHDO) Set-Aside Funds Subrecipient Agreement with Florida Non-Profit Services, Ine (FNPS) approved on July 27, 2010 This project was previously approved to purchase and rehabilitate a single- family home in Immokalee This amendment is to update language in Exllibit A, Wllich includes Section A the Scope, Section B- the Budget, Section C- the Work Plan and, Section D- the Payment Schedule to contain updated terms and to revise Exhibit C, containing additional grant requirements This project will continue to meet the original objective apDroved on July 27,2010 12/W2010 90000 AM Approved By Marcy Krumbinc Public Services Divi:o.ioll "Director - Housing & Human Services Date Hllnl;l1l Services 11/17/201010:48 AM Allproved By JennifN Wbite County AttortlCY .l\ s~'ist,Hlt County AH(nncy Date C~H!llty Aflot!H"Y 11/17/20102:52 PM Approved By Marla Ramsey Public Services Divi"ion AplJroved By OMS Coordinator C01lnty Mi'lP;:)q!""s oHicr> AdtninisOator - Public S(ltVIc(!$ Date Public Services Divic;io!l 11117/20103:00 PM Date OHir.p of r.'!PfI?DCHlPnt g Budqct 11/19/20103:22 PM ApllrOved By ~;lwI'I'Y Pryor Office oj MilllawmWIl{ Il.. Btlrl~!1)1 ^Ilproved By Marlene J. Foord Adl11inis1raliv0 Scr\li"t,)?, Divisi!)Il Allproved By Jeff Klalzkow M;ltla~!("IIlUlll! Budgel Allalyst. SOl1101" Dale orfL-'<; nl r:!'lII<I(jClll('1\l ,J. [judflf"l 11/22/20'1010:28 AM li>il\ [1(.'\, ,'+'::0111(:111 f~ fI"~:WI\ C:,olllicla!c\1' Late A\inlillistrativ'_' S",vi(:("ls Divi'~ion 1'1/22/20102:09 PM (::11111"1' AitOIIW'I 081c 12/1/20108:51 AM Allllroved By M;lfl;. IS;Jd:sotl Office of MnllafF~tlIf'lll & Budget 1\!\;IIli1pell1c;rlt!Budg'!'! ArlRlyst, Serlior Date OHier' of Management & 8LJd~lct 12/2/2010 5:23 PM Agenda Item No. 16D2 December 14, 2010 Page 4 of 11 EXHIBIT A-I Contract Amendment #1 "Florida Non-Profit Services, Inc. HOME CHDO Set-Aside" This amendment, dated _ , 20 I 0 to the referenced agreement shall be by and between the parties to the original Agreement, Florida Non-Profit Services, lnc" (to be referred to as Developer/Sponser/Owner) and Collier County, Florida, (to be referred to as "Owner"), Statement of Understanding RE: Contract # M-09-lJC-12-0217 # 14,239 "Florida Non-Profit Services, lnc" HOME- CHDO Set-Aside" In order to continue the services provided for in the original Contract document referenced above, the Sub- Recipient agrees to amend the Contract as follows: Words StrueI. Through arc deletcd; Words Underlined are added EXHIBIT "A" SCOPE OF SEH'/ICES HOME CHDO SET ASIDE FLORID"t :'/O..,'l PROFIT HOUSIN~, L"K:. fFNPHJ A. PROJECT SCOPE: Florida Not1. Profit lIou3iHg, IHe. proposes to aequire llfld rehabilitate Bile (1) propert). ',vithit1. Collier County with CHDO set a:1ide f'lfIds, .A.eqliisiti(JH eosts may illelude eJ(peHditHl'es outlined on the HUD I SettlemeHt StatemeHt CBst FOftfl (Copy attaehed iH E)(hibit C) IIf\der Seetion J Ilfld those items iR Seetion L uRder the cBlumH headiHg "Paid from Borrower's FlHuls at Settlement." AequisitioH aetivities/items may iRehlt:le, but Hot be limited to: PHrehase of property, title '"orl~, appraisals, in:;peetioHs, sUfveyiflg, IlfId permits. Reflabilitatiofl activities/items ma)' iHelude but Hot be limited to: repair and/or replaeement of the followiHg: roofs, floors, ceiling, walls, kitehens. ba:hrooms, struetural items, doprs, windows, iRsulati(JH, HV.A.C, electrieal. plllmbin/; sy:;tem:;, liJ((ures, appliaflees. lafldseapiflg, irrigati()f1 systems, j3ftintinE;, dri\'eways, pest eontrol, tenllite treatment, permittiHE;. labor, materials, supplies llfI8 ether related item~Jc--f.NPH is proposing to use this requested CIIDO Set .A.side fUfldiHg to provide affordable opportul1ities to families .....hose income falls at or below the Medillffi Family lneome or M[T Collier County Department of Housing, Human and Vetenrn Serviees is fllf\ding ONE HUNDRED THIRTEEN THOUS.\ND ONE HUNDRED TWENTY THREE DOLL:\RS ($113,123,00) iflllOME fHFl(ls for this CHDO Set ."side projeet. B. BUDCET liRe Item: FNI'I1HOME CHDO Set }.side HOME FlIflds M-09-UC-12.0217#14,239 Florida Non-Profit Services Inc. Contract Amendment # I Page 1 aI'S Agenda Item No 16D2 December 14, 2010 Page 5 of 11 MateR famliRg Reā‚¬lllired $ 28,281.0925% mateR from fNPH ^eq~isiti81'1 Rehaeilitatiel'l 'Nerl, Tatal HOME Funding $113,123.00 TOTf.L FUNDlNC HOME WITH MATCH $141,101.00 l\equisitioR and reRaBilitatioR '.viii Rot elweea the total affiOUflt of 6'iailaele fimdiag, The servlees reqllired BY this cOfltract shall iflchllle Bll! flot Be limitea to the items/serviees aeseriBed iR the Soope Elf Serviees, The fNPH shall eraer items/seryiees as re(jllired Bll! makes RS g1ltlffifltee lItl te the qllantity, fllJffiBer, tYJ3e Elr dbtribll!iElR Elf itemc/serviees/that will Be Elrtlerea sr fe(jllirea BY this agreemeflt. ClarifieatiElfls tEl the aetlla[ l'jlflHltity and tYJ3es Elf wElrl< tEl be eElflalletea fur the aequired/rehabilitated home Ifflder this E"hibit /. v.ill be J3foeessed by a Change by Letter, E"hibit /. I, ana made an iRtegral eompofleflt of this l\greemem, EXHIBIT "A" SCOPE OF SERVICES HOME - CHDO SET -ASIDE FLORIDA NON-PROFIT SERVICES.INC. (FNPS) A. PROJECT SCOPE: On April 28th, 2009. the Board of Countv Commissioners approved the HUD Action Plan alloeating funding lor this initiative, Home Investment Partnerships Program (HOME) funding will be used for the nurchase and rehabilitation of foreclosed homes within Collier County, In the Aetion Plan it is stated that the County. as a participating iurisdietion (pn. must invest 15% or set aside at least 15 percent (15%) of its total HOME alloeation to proiects that are owned. developed or sponsored by Communitv Housing Development Organizations (CHDOs). and whieh result in the development of homeowners hip or rental units, 15% of the amount of HOME funds received for 2009-2010 is $113.123.00 Florida Non-Profit Services, 1nc, as a CHDO. will use these funds to acquire and rehabilitate a minimum of one (I) properly within Collier County, Rehabilitation aetivities/items mav include but not be limited to: repair and/or replacement of the following: roofs. floors, ceiling. walls. kitchens. bathrooms, struetural items. doors, windows. insulation. HV AC. electrical. plumbing systems, fixtures. appliances. landscaping. irrigation systems, painting. drivewavs. nest eontrol. termite treatment, permitting. labor. materials, supplies and other related items, M-09-UC-12-0217#14.239 Florida Non-Profit Services Inc, Contract Amendment # I Page 2 of8 Agenda Item No. 16D2 December 14, 2010 Page 6 of 11 The detailed proiect scope will be contained in the schedule of values of the vendor. The contraet will include details sufficient to doeument the nwnber, amount and eosts assoeiated with all activities, Anv unexpended funds that may be available after a minimum of one (]) home is ourchased. rehabilitated, and occupied. mav be used toward the purehase and rehabilitation of one (I) additional home, Reimbursement for the purchase of an additional home will not exceed $65,000,00. and rehabilitation for the same additional home will not exceed $20.000.00. The proiect activities will meet the U,S, Department and Housing and Urban Development's national obiective to provide decent housing, B. BUDGET Collier County Department of Housing, Human and Veteran Serviees is funding ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED TWENTY THREE DOLLARS ($113.123,00) in HOME funds for the CHDO Set-Aside proiect scope deseribed above, The required matehing funds of$28.281.00 are being provided bv Florida Non-Profit Serviees, Inc. Line Item: Acquisition and Rehabilitation Work HOME Funds Match info $t 13.123,00 $28.281,00 Total HOME Fundinl! $113.123.00 Anv modifications to this contraet shall be in compliance with the Countv Purehasing Policy and Administrative Procedures in eiTeet at the time such modifications are authorized. C. PROJECT WORK PLAN The followinlf Proiect Work Plan is in effect for program monitoring requirements only and. as sueh. is not intended to be used as a payment sehedu[e, ! Date Start Date End Work Plan -------.. ---~~ i 7/1/2010 1/31/2011 Locate Property [7/1/2010 1/31/2011 A ward contract i 7/1/2010 5/31/20 II Complete Rehab I 7/1/2010 J6/30/2011 Proiect Close-out o. ._n______ .. D. PAYMENT SCHEDULE The following table details the proiect deliverables and pavment schedule, ---.--- - ----,--.-- Deliverablc Pavment Schedule Purehase of property and signed eontraet Upon pavment request for reimbursement, will including sehedule of values for the reimburse 75% of allowable expenses rehabilitation sueh that the total does not M-09-UC-12.0217# t4.239 Florida Non-Profit Services Inc. Contract Amendment # I Page 3 of8 Agenda Item No. 16D2 December 14, 2010 Page 7 of 11 exceed the grant amount and/or there is information explaining how the shortfall will be handled bv the subreeinient. Rehabilitation work Per submission of periodic invoices for interim pavments and final inspectionlC,O, or certificate of eompletion for final pay reauest will reimburse 75% of allowable exnenses. Receipt of Certificate of Oeeupanev Final 10% of the total cost of the purchase and (e.O.) and occupanev of each home. rehabilitation of anv one home will be released upon reeeipt of C,O, and occupancy of that home. C,O. and occunancv of final unit, All other terms and conditions of the agreement shall remain in force, M-09-UC-12.0217#14.239 Florida Non-Profit Services Inc, Contract Amendment # I Page 4 of 8 Agenda Item No. 16D2 December 14, 2010 Page 8 of 11 EXIIlBIT "c' ADDITIONAL HOME CRl.NT REOVIREMENTS Matcll FllRdG flfe required, and are refleeted ia ExlliBit i\ for tIlis agreemeat aG 25%, is reqtlired ller 24CFR 92,218, The aetllal amollat fer this agreemeat is refleeted ia EXHIBIT "A" lllHt B BlIdget. :\geaey has been Ejllalified a3 a CHDO, f.equisitiea items listed en BUD Settlemeat Statemeat at;taelled, PROJECT MILESTONE SCHEDULE Tile time fmme for eemllletien ofthe olltliaed aetiyities sHall Be: MILEsr0t-1E/T:\8K 8Tf.RT DATE END Df.TE , I Locating potential property to be July 1,2010 Oetaber, 20 I 0 ae'lllired, . roase ?n acquisitioa and eommeaee AlIgllst, 20] 0 8elltember, 2010 ~l'lo\'atlOns, 'Nark 8a income qualif:,.iag poteatial ,^.Uglist, 20 to JlII1e, 2011 e ~, , ' , ",' ~^'^ JliHe, 201 [ , ~r,rOTE: Puforl1ullu:e l1,iiestones are in effect }8F pNJt:IWIH >>lSI.ifanng PCqUiPelUelttS oniy, tIntl tIS slIeh, tI."1: used by HUn tInd other g:--an16r <<&e,'leies tIS {;ene;'al ttlrget goals ral!,er thtIn smet pe1'formance requil'elllents. T!,is tIgFee.'1lent S.~R!l tI.'f.tJw 1'eimbuJ'sement of expenses jDr al'lieles and/or services furnis!led, delh'e:-ed, and tIeeepled, HpOIl receipt tInd lIfJpl'6V6{ of illWJiees SUbNlittetl on or after the dale uf se....~ices fill' tIt! eligilJle eosts assoeialed ,I'it.~ t!,e Hgl'eemenl. ReinllJNrsemeNt s!,alllJe made tiS work p:-8gt'esses 8}1 tI monthly btI~'is aNd does Rot 1'Cqui."e I.~e completion of tIll Hgl'eement milestONes for 1'CimlJursClllellt 16 be paid. HaH'eve:-, litis does not 1'Clieve t.'te sNBreeipient of 'lJ'l' f il' I' I d ' reSpOJfSl IoltYJor ti .1e."eIlU to I.Ie prOject SC>1e U.e. Please nole thal-if all)' of I.'tl:sl: actil'ities excl:ed I.~e tilllelinl:s by tll'O NI81IIltS ti revised w6rft schl:dll!e must lJe submitted 16 1111VS. M-09-UC-12-0217#14.239 Florida Non-Profit Services Inc. Contract Amendment # I Page 5 of 8 Agenda Item No. 16D2 December 14, 2010 Page 9 of 11 EXHIBIT "c" ADDITIONAL CDBG GRANT REOUlREMENTS 1. HUD defines the term 'low- and moderate income oersons' as families and individuals whose incomes are no more than 80 percent of the median income ofthe area involved. 2. Your oroiect must serve LMI clients. 3. Unit must remain affordable for a oeriod of20 Years. 4. Rent must be adiusted accordinu:lv oer orou:ram vear. 5. Annual Income certification of occuoants must be oerformed eve" year. oroiect files must be keot in a locked. safe location. and oroof of occuoant Qualification must be submitted annually to HHVS. HHVS will monitor this oroiect until end of affordabilitv oeriod. 6. The Deoartment of Housinu: and Urban Develooment's (HUD) National Obiective: Decent Housinu:. 7. Match Funds are required. and are reflected in Exhibit A for this au:reement as 25% is required oer 24CFR 92.218. The actual amount for this al!:l'eement is reflected in EXHIBIT "A" Dart B-Budu:et. 8. Au:encv has been Qualified as a CHDO. 9. Acquisition items listed on HUD Settlement Statement attached. 10. There are no chanu:es to the samole settlement statement attached to Exhibit C in the oriu:inal Subrecioient Au:reement. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Loeating potential orooertv to be July 1. 2010 Januarv 31. 2011 aeauired, --....-. Close on acauisition and eommence July 1.2010 Januarv 31. 20 II renovations, Work on income qualifyinl? potential Julv 1. 20 to May31.20ll oceunants. Final insnection bv HHVS statT, June 1.2010 Mav 31 2011 NOTE: Performance milestones are in effect for proeram monitorine requirements onlv. and as such. are used hv HU D and other erantor aeencies as eeneral tareet eoals rather than strict performance requirements. This aereement shall allow reimbursement of expenses for articles and/or services furnished. delivered. and accepted. upon receipt and approval ofinvoices submitted on or after the date of services for all elieible costs associated with the aereement. Reimbursement shall be made as work prOflresses 011 a mOllthlv basis alld does 1I0t require the completioll of all Ql!reemellt milestones for reimbursement to be paid. However. this does not relieve the subrecipient of resDonsibilitv for adherellce to the proiect schedule. M-09-UC-12-0217#] 4,239 Florida Non-Profit Services Inc, Contract Amendment # 1 Page 6 of 8 Agenda Item No, 16D2 December 14, 2010 Page 10 of 11 Please note that if anv of these activities exceed the timelines bv two months a revised work schedule must be submitted to HHVS. M-09-UC.12-0217# 14,239 Florida Non-Profit Services Inc. Contract Amendment # I Page 7 of 8 Agenda Item No. 16D2 December 14, 2010 Page 11 of 11 IN WITNESS WHERE F, the DEVELOPER/SPONSOR and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of o , ATIEST: Dwight E. Brock, Clerk 0 Cowts By: Dated: (SEAL) Type/print witness name Approved as to form and legal sufficiency: Jennifer B.White ~ Assistant County Attorne~ M-Q9-UC-12-0217# 14.239 Florida Housing & Family Servi sIne, ConuactAJnendrnent#l BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W, COYLE, Chairman SeNi~ FLORIDA NON-PROFIT .JIOU3fN'eJ, INC. / -- /' ( Signature Carl , Chairman (Print Name) Page 8 of8