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Agenda 10/13/2009 Item #16D 1 Agenda Item No. 16D1 October 13. 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a contract amendment for a Disaster Recovery Initiative (DR!) sub recipient agreement between Immokalee Helping Our People in Emergencies, Inc. (IHOPE) and Collier County. This contract amendment will update the current project work schedule and define methods of payment. OBJECTIVE: That the Board of County Commissioners approves, and authorizes the Chairman to sign, a contract amendment for a Disaster Recovery Initiative (DR!) subrecipient agreement between Immokalee Helping Our People in Emergencies, Inc. (IHOPE) and Collier County. This contract amendment will update the current project work schedule and define methods of payment. CONSIDERATIONS: On April 8, 2008, through Resolution No. 2008-87, the Board of County Commissioners accepted a federally-funded supplemental disaster recovery subgrant agreement with the Department of Community Affairs (DCA). Several hurricane hardening projects were established for funding under the Agreement. - A contract amendment is needed to update the current project work schedule and define methods of payment. This amendment to the subrecipient agreement does not change the funding amounts or activities served. Rather, approval of this item will extend the project completion date, permit direct payment and allow for construction of three (3) homes, instead of two (2) homes as originally specified in the project work schedule. FISCAL IMPACT: This contract amendment has zero impact on the approved budget for this grant and projects. No general funds are associated with these projects. GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This contract amendment has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approves, and authorizes the Chairman to sign, a contract amendment for a Disaster Recovery Initiative (DRI) subrecipient agreement between Immokalee Helping Our People in Emergencies, Inc. (IHOPE) and Collier County. PREPARED BY: Lisa Oien, Grants Support Specialist, Housing and Human Services -- Agenda Item No. 1601 October 13, 2009 Page 2 of 7 EXHIBIT A-I Contract Amendment for Subrecipient Agreement Florida Administrative Code 9BER06-I CFDA# 14.228 "Immokalee Helping Our People in Emergencies, Inc. (I Hope)." This amendment, dated .. (\~VVJ k V' B-~ ' 2009 to the referenced agreement shall be by and between the parties to t original Agreement, OPE, Inc. (to be referred to as "Subreclplent") and Collier County, a political subdivision of the state of Florida, (to be referred to as "County"). Statement of Understanding RE: Contract Florida Administrative Code 9BER06-1 CDFA #14.228 "Immokalee Helping Our People in Emergencies, Inc. (IHOPE)". In order to,;omtnue the services provided for in the originaIAgreementd()ciiI11~l1t?eferencedlibove;-ihe -... Subrecipient agrees to amend the above referenced Agreem~nt as follows: Note: Words struck through have been deleted. Words underlined have been added. II. SCOPE OF SERVICES: page 2 of23 The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perfonn the tasks necessary to conduct the program outlined in Exhibit "A," and shall . submit each request for reimburs0Hlont direct payment using Exhibit "'B" along with the monthly submission of Exhibit "'C," all of which are attached hereto and made a part hereof. IV. CONSIDERATION AND LIMITATION OF COSTS: page 2 of23 The SUBRECIPIENT shall be reiml:Jl:lfsCld paid by the COUNTY for allowable costs, determined by COUNTY and DCA, in an amount not to exceed Three Hundred Thousand Dollars ($300,000) for the services described in Exhibit "A." V. NOTICES: page 3 of23 All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North HOfscshce Drh'e, Suite 11 O' 3301 E. Tamiarni Trail Building H Suite 211, Naples, Florida 3~ 101, 34112. and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) ofthis Agreement. C. SUBCONTRACTS: page 6 of 23 This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support docwnentation detailing categories of persons perfonning work plus hourly rates including benefits. number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursoments Payments for such services will be made at SUB RECIPIENT cost. 1 pl-W- Agenda Item No. 1601 October 13, 2009 Page 3 of 7 EXHIBIT A-I: page 2 of5 None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed paid by the COUNTY without prior 'written approval of the HHS Department or his designee. D. REPORTS. AUDITS. AND EVALUATIONS: page 10 of23 Reimbursement Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. HOUSING & HUMAN SERVICES. COUNTY. DCA. AND HUD REQUIREMENTS: page 10 of 23 HHS shall have the right under this Agreement to suspend or telminate reimbursement payment until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the COUNTY, DCA or HUD at any time. F. PRIOR WRlTTEN APPROVALS ADDITIONAL -SUMMARY: page 10 of23 The following activities require the prior written approval of the HHS Department or designee in order to be eligible for reimbursement payment. NOTE 4: page 17 of 23 The SUB RECIPIENT shall not request reimbuf'Scment payment from HHS for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement payment for materials and equipment that have been installed. B. BUDGET: IHOPE: page 18 of 23 Line Item: DRl permits Demolition and site clearance (twe three home sites) Labor and related costs for demolition and site clearance (twe three home sites) Site preparation (twe three home sites) Cons.truction (tvffl three home sites) labor and related costs for home construction (Ewe three home sites) fees or related charges for utility hook-up ofP.>te three homes costs associated with temporary relocation of residents (if necessary) ~cKU- Agenda Item No. 16D1 October 13, 2009 Page 4 of 7 TOTAL PROJECT COSTS $300,000 E. FORMER PROJECTS: page 18 of23 Failure to adequately maintain any former CDBGIHOME/SHIP funded project may result in the delay of processing reimbursement payment requests for ongoing activities or in the forfeiture of future CDBG/HOME/SHIP/DRI funds. F. WORK SCHEDULE: page 18 of23 The time frame for completion of the outlined activities shall be: Task End Date Permitting J'.me July October 2009 Relocation (residents) August October 2009 Demolition i\Ugust October 2009 Site preparation September October 2009 Construction October November 2009-Aoril 20 I 0 Utility Hook-up November 2009 Project Completion (receipt of certificate of April 30, 20 I 0 Occupancy) PleClse Rete that if Clny of these (:lcti'IUtes exceed the timclincs by two months s. revised work schedule must be s:;bmittcd te HHS. Note: work schedules are in effect for program monitoring requirements only and as such are used by HOUSING AND HUMAN SERVICES as g.eneral target goals rather than strict performance requirements. K. COMPENSA nON: page 19 of 23 The COWlty shall pay the SUB RECIPIENT for the perfomlance 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 1. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. ,^~dherenc6 to the work schedule identified in Section H will be required, unless modified in '.vriting by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act", IN WITNESS \VHEREOF, the Subrecipient and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. All other tenns and conditions of the agreement shall remain in force. el+} 3 Agenda Item No. 1601 October 13, 2009 Page 5 of 7 ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSI01\TERS COLLIER COUNTY, FLORIDA By: . Deputy Clerk By: DONNA FIALA, CHAIRMAN ~'..'~. L1,,/1 " ..... !~ ' i {Jitt.tJ' J ii,,,, / First Witness .' v () ~kcca.. L/wl€. ~fdrez Type/print witriess name O~ SUBRECIPIENT: Inunokalee Helping Our People in Emergencies, Inc. (IHOPE) 'fJ~ Approved as to form and Legal sufficiency: Ct{~J'f'J lJ/..fJ.1ll..-cL . __ Colleen M. Greene Assistant County Attorney 4 Agenda Item No. 1601 October 13, 2009 Page 6 of 7 COLLIER COUNTY BOARD OF COUNlY COMMISSIONERS Item Number: Item Summary: 1601 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign. a contract amendment for a Disaster Recovery Initiative (DRI) subrecipient agreement between Immokalee Helping Our People in Emergencies, Inc. (IHOPE) and Collier County. This contract amendment will update the current project work schedule and define methods of payment. 10/13/20099:00:00 AM Meeting Date: Prepared By Lisa Oien DRI Grant Support Specialist Date Public Services Human-Services 9/25/20093:13:24 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 9/25/20093:52 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9/28/2009 11 :46 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 9/28/2009 12:06 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 9130/20092:15 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 9/30/20092:37 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/1/20093:58 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/1/20094:15 PM Approved By OMS Coordinator OMS Coordinator Date Agenda Item No. 1601 October 13, 2009 Page 7 of 7 County Manager's Office Office of Management & Budget 10/2/2009 9:24 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/5/200910:25 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/5/2009 10:31 AM