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Backup Documents 01/13/2009 Item #16D 5 MEMORANDUM Date: January 22, 2009 To: Wendy Klopf, Operations Coordinator Housing & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An Amendment to the Habitat for Humanity's (Habitat) Acquisition/Rehabilitation/Resale Subrecipient Agreement approved on September 23, 2008. This Amendment will allow reimbursement of Habitat's expenses for all eligible costs associated with the Agreement and allows direct payment to be made to contractors and vendors for goods and services provided in support of this Agreement Attached is a copy of the document referenced above (Item #16DS) that was approved by Board of County Commissioners on Tuesday, January 13, 2009. The original is being retained in the Minutes & Records Department for the Board's official record, If you should have any questions, please contact me at 252-8406. Thank you, Attachments (I) 16D5 16D5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completcd routing slip and original documents are to be forwarded to the Board Office only after: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. lfthe document is already complete with the ex{"~tion of the Chainnan's si~ature, draw a line thI'OWlh routing lines # I throu2h#4, comnlete the checklist, and forward to Sue Filson line #5). ~oute to Addressee(s) Office Initials Date List in routino order) L 2, 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners '"1' 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primar~y contact is the person who created/prepared the executive summary. Primary contact infurmation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. AU original documents needing the Bee Chairman's signature are to he delivered to the BCe office only after the Bee has acted to approve the item) Name of Primary Staff Wendy Klopf! Housing & Human Services Phone Number 252-2901 Contact Agenda Date Item was January 13,2009 Agenda Item Number 1605 AODroved bv the BCC Type of Document Contract Amendment Number of Original 1 Attached Documents Attached l. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed! initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed 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 have been fully executed by all parties except the BCC Chairman and Clerk to tbe Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si alure and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 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 our deadlines! Tbe document was apprnved by tbe BCC 00_01/I3/2oo9_(enter date) and all cbanges made duriog tbe meetiog have been incorporated in the aUached document. The Coun Attorne 's Omce has reviewed the chao es, if a licable. WK Ves (Initial) WK N/A (Not A licable) 2, WK 3, WK 4. WK 5, WK 6, I: Formsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05 16D5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Amendment to the Habitat for Humanity's (Habitat) AcquisitionlRehabilitationIResale Subreeipient Agreement approved on September 23, 2008 (Item IOK) for $1,104,000. This Amendment will aUow reimbursement of Habitat's expenses for all eligible costs associated with the Agreement and allows direet payment to be made to contractors and vendors for goods and sen'ices provided in support of this Agreement. OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign an Amendment to the Habitat for Humanity Acquisition/Rehabilitation/ Resale Subrecipient Agreement which would allow reimbursement of Habitat for Humanity's expenses for any eligible costs associated with the purchase and/or rehabilitation and/or resale of the foreclosed homes and does not require the completion of all Agreement milestones for requests for reimbursement to be paid. This Amendment will also allow direct payment to be made to vendors and contractors providing good and services in support of the Agreement. CONSIDERATIONS: On September 23, 2008, the Collier County Board of County Commissioners approved a $1,104,000 Subrecipient Agreement with Habitat for Humanity to purchase/rehabilitate/resell foreclosed homes in the Naples Manor Area of Collier County. Habitat for Humanity has now begun the process of purchasing the foreclosed home sites and has submitted their payment request(s) for reimbursement of eligible costs. The Clerk's Office has requested that the Agreement be amended to specifically allow for partial or progress payments. The Housing and Human Services Department (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 purchase, rehabilitation, or resale of the foreclosed homes 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 COBG requirements are met. FISCAL IMPACT: No general funds are associated with this Amendment. Expenditures for the COBG project associated with this Amendment have already been budgeted in COBG Grant Fund (121) for FY08. 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 16D5 RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chainnan to sign Amendment #1 to the Habitat for Humanity Acquisition/Rehabilitation/ Resale Subrecipient Agreement dated September 23, 2008, which will allow reimbursement of Habitat for Humanity's expenses for all eligible costs associated with any allowable activity associated with the purchase and/or rehabilitation and/or resale of the foreclosed homes covered by the Agreement and will allow direct payment to vendors and contractors providing goods and services in support of the Agreement. Furthennore, the Amendment specifies that project milestones outlined in the Agreement will be used by HHS Staff as program goals rather than requirements for reimbursements of allowable expenses. Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Department 16D5 EXHIBIT A-I Contract Amendment # 1 "'Habitat for Humanity (Habitat) Acquisition, Rehabilitation, Resale Supplemental CDBG" This amendment, dated January 13 . 2009 to the referenced agreement shall be by and between the parties to the original Agreement, Habitat for Humanity (to be referred to as "Sub- Recipient") and Collier County, a political subdivision of the state of Florida, (to be referred to as "County".) Statement of Understanding RE: Contract # B-08-UC-12-00l6, "Habitat for Humanity- Acquisition, Rehabilitation, Resale Supplemental CDBG." In order to continue the services provided for in the original Contract document referenced above, the Sub-Recipient agrees to amend the above referenced Contract as follows: AMEND: Exhibit A-Scope, Section G (Work Schedule) language Note: Words underlined have been added. Words struck through have been deleted. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. NOTE: Performance milestones are in effect for DrOllram monitorinll reauirements onlv. and as such. are used bv HUD and other llrantor allencies as Ileneral tarTld lloals rather than strict Derformance reauirements. AMEND: Exhibit A, Scope, Section K (Compensation) language Note: Words underlined have been added. Words struck through have been deleted. COMPENSATION: The County shall reimburse the SUB-RECIPIENT for the perfonnance 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, but not more frequently than once per month. Progress payments to Habitat for Humanity. 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. aCQuisition of a property. rehabilitation of the propertv and resale of the property to an income Qualified buyer. Payments for eligible work tasks and/or activities may be made directly to the provider of the service(s). as approved by HHS. at Habitat's reQuest. Adherence to the work schedule identified in Section G will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat. otherwise known as the "Local Government Prompt Payment Act." All other tenns and conditions of the agreement shall remain in force. Exhibit A-I Contract Amendment #1 Habitat for Humanity-Foreclosure Strategy, Page 2 of2 16D5 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: O~ Jr3 ~2009 ATTEST: COUNK: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "''':1 .,.....'j. (---, .;~~ ".-..-- ", -."- ,-~ ~..~. .......-..'...~o.( . . nt.:.. ", .' --v.". . Habitat FOr H By: . DEPART~~NT DIRECTO~ \ . : By: . /(~'-_~ ~~ C, v' Marcy Krum 'ne J --~ WITNESS: Byf!l ~.......------- ro\~~ KOt^toheY4,. D,\re~k-af Print Name and Title 14t\d i)e<Jddp~ :;~ Mar a Rams '~-.,..._.._- ~RDc~ Rosa noz :~!l ~ tVt^~O CAsT02.EIUP- Print Name and Title CONTRACT SPECIALIST 'J By: ~fG '7J} Z1~ , yfl Wood Approved as to form and Legal Sufficiency: C~m~ ASSIstant County Attorney CDI '€en rn, 6ra;.nJL Printed Name Item II ..llL:(ti Agenda \---'"2...rr; Date .LLl-J,l:\ Date \-1-0 Reed :JF I ~ CleO<