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Backup Documents 01/13/2009 Item #16D 7 16D7 MEMORANDUM Date: January 21,2009 To: Wendy Klopf, Operations Coordinator Housing & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment #1 to Housing Opportunities Made for Everyone (H.O.M.E.) Acquisition/ Rehabilitation/Resale Subrecipient Agreement approved on September 23, 2008 allowing reimbursement ofH.O.M.E.'s expenses for eligible costs associated with the agreement and allows direct payment to be made to contractors and vendors in support of this agreement Attached is a copy of the document referenced above (Item #16D7) 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) ~,-~~,"_."-,,,..".~._~_._~...._-------"" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 7 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 ~~hould be hand delivered to the Board Oflice The completed routing slip and original documents arc to be forwarded to the Roard Office only afte~ the Bl)ard has taken 8l:tion on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate lOT additional signatures, dates, and/or infonnation needed. [fthe document is already complete with the excention of the Chairman's simlature. draw a line throw)"}, routine:lint-'S #1 throuldl #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinp; order\ L 2. 3, 4. 5, Sue Filson, Executive Manager Board of County Commissioners /'-/ 6, Minutes and Records Clerk of Court's Office j! PRIMARY CONT ACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary r.:ontact is the person who created/prepared the executive summary. Primary contact information is needed in the event one or the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the BeC has acted to approve the item) Name of Primary Staff Wendy Klopfl Housing & Human Services Phone Number 252-290 I Contact Agenda Date Item was January 13.2009 Agenda Item Number 1607 Aooroved bv the BCC Type of Document Contract Amendment Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed! initialed for legal sufficiency. (All documents to be signed by the Chainnan, 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 Omce and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl Slate Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office 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 ature and initials are re 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 omce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on_ Ot/IJ/2009 _(enter date) and all changes made during the meeting have been incorporated in the attached document, The Coun Attorne's Office has reviewed the chan os, if a licable. Yes (Initial) WK NI A (Not A licable) 2, 3. 4. 5, 6. WK WK WK WK WK I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Rcvised 2.24.05 16D7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an Amendment to the Housing Opportunities Made for Everyone (H.O.M.E.) AcquisitionlRehabilitation/Resale Subrecipient Agreement approved on September 23, 2008 (Item 1606) for 5427,472.42. This Amendment wiD allow reimbursement of H.O.M.E.'s expenses for all eligible costs associated with the Agreement and allows direct payment to be made to contractors and vendors in support of this Agreement. OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman to sign an Amendment to the Housing Opportunities Made for Everyone AcquisitionlRehabilitationlResale Subrecipient Agreement which would allow reimbursement of H.O.M.E.'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 goods and services in support of the Agreement. CONSIDERATIONS: On September 23, 2008, the Collier County Board of County Commissioners approved a $427,472.42 Subrecipient Agreement with Housing Opportunities Made for Everyone (H.O,M,E.) to purchase/rehabilitate/resell foreclosed homes in Collier County. H.O.M.E. 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 CDBO requirements are met. FISCAL IMPACT: No general funds are associated with Amendment. Expenditures for the CDBO project associated with this Amendment have already been budgeted in CDBO Orant 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.-CMO 16D7 RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign Amendment #1 to the Housing Opportunities Made for Everyone (H.O.M.E.) Acquisition/Rehabilitation/ Resale Subrecipient Agreement dated September 23, 2008, which will allow reimbursement of H.O,M.E.'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. Furthermore, the Amendment specifies that project milestones outlined in the Agreement will be used by HHS Staff as program goals rather than requirements for reimbursement of allowable expenses. Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Department 16D7 EXHIBIT A-I Contract Amendment # 1 "Housing Opportunities Made for Everyone 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, H.O,M.E. (Housing Opportunities Made for Everyone (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-12-0016 ", Housing Opportunities Made for Everyone- 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 DrO!lram monitorinll reauirements onlv. and as such. are used bv HUD and other !lrantor a!lencies as Ileneral tartlet !loals 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 performance 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 pavments to H.O,M.E.. as approved bv 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 prooerlY and resale of the property to an income aualified buyer. Pavments for eligible work tasks and/or activities mav be made directly to the provider of the service(s). as approved by HHS. at H.O,M.E.'s reauest. 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 terms and conditions of the agreement shall remain in force. Exhibit A-I Contract Amendment #1 H.O.M.E.-Foreclosure Strategy, Page 2 of2 16D7 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. ATTEST: Dwight E. Brock, Clerk _.,\ .1, ';-'" ','. BY':; ..~~[. Sui ":on,;.>' f ' ,\ .' Ho SI g Op rtunities" for Everyone By: ~.I t1~--- h Barlow, Vice President WI By: q/~ /- -z::-~ '?~ tiA- t\?"~ ,.... t,'s.f Print Name and Title WI~: By; I .~ Cah\A\WCL j, lAK1~; ~ 0'J{()k C: N f\ Print Name an Title Approved as to form and Le~ SUfficien~ ~ ASSIS~ Attorney Co I le::Yl ((1, Gr-een-C. Printed Name Accepted: / -/3 - COUNTY: ,2009 ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F ORIDA -I By: airman By: / ./l. .,.1 Marcy DIVI . AD IN~RA)OR J,' ~../ B. .iffl'1 I y, . V Mar a Ramsey _J GRANT C~ RDINA TOR . /l..~) By: ..' C~..& Sandra Marrero CONTRACT SPECIALIST 1 By .~ In tJ,'?l v yo Wood Ilem# llot> 1 Agenda \_I"'2..4'Cl Dale Ll.L.i.[" I Date Roc'd ~