FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT FOR OPERATIONAL SUPPORT
FY05-06 - HE? Kit/Op - 1s1 Amend
FIRST AMENDMENT
TO THE
FY05-06 - SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CLEARWATER, FLORIDA
AND
HOMELESS EMERGENCY PROJECT, INC.
(Kitchen Improvements & Operational Support)
THIS FIRST AMENDMENT ("Amendment") as entered into on this 1~ day of
~ 2006, to the ORIGINAL AGREEMENT dated October 1, 2005, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and Homeless Emergency Project, Inc.,
hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and
Urban Development (HUD) for the purpose of conducting a Housing and Community Development
Program with federal financial assistance under Title I of the Housing and Community Development Act of
1974, as amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act
of 1990; and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Development for the purpose of conducting the HOME Investment Partnership Program (HOME)
with federal assistance under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National
Affordable Housing Act of 1990, as amended; and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
conducting the State Housing Initiatives Partnership (SHIP) Program with State of Florida assistance under
the William E. Sadowski Housing Act (Section 420.907 - .9079 Florida Statutes, Rule 67-37, Florida
Administrative Code) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2005-2006 Consolidated Action Plan,
which was adopted on August 4, 2005, the necessity for providing funding operational support to maintain
an emergency housing facility for the homeless; and
WHEREAS, the City also determined through its FY2005-2006 Consolidated Action Plan the
need to provide safe and sanitary facilities to provide food services to homeless populations and those
residing in shelters, and
WHEREAS, in the ORIGINAL AGREEMENT the funding for Operational Support was
mistakenly omitted from "Section VII: Method of Payment", which is hereby corrected below; and
FY05-06 - HEP Kit/Op - F' Amend
WHEREAS, the City desires to extend the expiration date on the ORIGINAL AGREEMENT to
June 30, 2007 due to unforeseen development delays, and
WHEREAS, the ORIGINAL AGREEMENT dated October 1, 2005, with the exception of the
Sections IV & VII, remains in full force in effect;
NOW, THEREFORE, the parties hereto agree as follows:
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of
Housing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
The term of this agreement shall be from October 1,2005 to June 30, 2007. The term may be amended if
both execute a written agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall be reserved in the amount of SEVENTY FIVE THOUSAND DOLLARS
($75,000) for construction related costs to build a kitchen and dining hall and SEVENTEEN
THOUSAND FIVE HUNDRED DOLLARS ($17,500) for funding of operational support will include
those costs associated with the salaries and benefits to administer the Provider's Emergency Housing
Program.
The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set
aside for this agency may increase or decrease, subject to production performance. Production will be
reviewed quarterly and will be based upon the goals the Provider established in their program
implementation schedule. Any remaining balance of funds shall revert to the City or other approved
provider(s). Such compensation shall be paid in accordance with the projected accomplishments and
budget descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including
applicable back-up documentation, no later than the tenth (10th) day of the succeeding month and
the City will provide reimbursement, upon approval, within ten (10) working days after receipt of
the same, if submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item transfers are allowable only within each component
and may not exceed in the aggregate fifteen percent (15%) of each line item without prior written
approval of the City. All changes amounting to more than fifteen percent (15%) require prior
written approval.
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FY05-06 - HE? Kit/Op - 1'1 Amend
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
HOMELESS EMERGENCY PROJECT, INC.
'I
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By -c ~ .~
President /
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Date
ATTEST:
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!4(':~,~tL/~(
Secretary L/
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Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
d~f'~/
~~. Hibbard '
Mayor-Councilmember
By:
~~
William B. Horne, II
City Manager
Continued:
Approved as to form:
Attest:
~~~~o~
Carlos F. Col6n
Assistant City Attorney
.~
ia E. Goudeau ~
'lerk
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