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Backup Documents 09/09/2014 Item #16D22 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN stir) L• 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN O THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date l . Jennifer A. Belpedio, ACA County Attorney Office a� 11011:4—• 2. BCC Office Board of County -� Commissioners Y `V A/ 9�tZ1k & 3. Minutes and Records Clerk of Court's Office (TM et(1 zo L (2:50ptyv PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Gino Santabarbara,Grant Coordinator Phone Number Contact/ Department Housing,Hu an,Veterans Services 239-252-239 Department Agenda Date Item was 9/9/14 Agenda Item Number 16.D.22 Approved by the BCC Type of Document Subrecipient Amendment -Boys&Girls Number of Original 2 originals Attached Club—Site Design,Plan&Permitting Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? GS 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. l 3. Original document has been signed/initialed for legal sufficiency. (All documents to be GS V signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the GS i/ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's GS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip GS - / should be provided to the County Attorney Office at the time the item is input into SIRE. V 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 your deadlines! 8. The document was approved by the BCC on 9/9/14 and all changes made during the GSt meeting have been incorporated in the attached document. The County Attorney's s$"po for Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t e GS `YAtoi BCC,all changes directed by the BCC have been made,and the document is ready for e ‘) Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16022 MEMORANDUM Date: September 17, 2014 To: Gino Santabarbara, Grant Coordinator Housing, Human & Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement Amendment #1 with the Boys & Girls Club of Collier County for the CDBG Site Design Plan and Permitting Project Attached is an original copy of the item referenced above, (Item #16D22) approved by the Board of County Commissioners on Tuesday, September 9, 2014. The Minutes and Record's Department has held the second original copy of the agreement amendment document for the Board's Official Record. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 16022 Grant# - B-11-UC-12-0016 B-12-UC-12-0016 CFDA/CSFA# - 14.218 Subrecipient — Boys & Girls Club of Collier County, Florida, Inc. DUNS # - 018696208 Agreement# CD13-04 IDIS# - 459 FETI # - 65-0279110 Fiscal Year End: 5/31 Monitor End: 44/30/2048 01/09/2022 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. CDBG Site Design, Plan, and Permitting h This Amendment is entered into this �t day of Sp4t014, by and between the BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC." a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." RECITALS WHEREAS, on December 10th 2013, the COUNTY entered into an Agreement with Boys & Girls Club of Collier County, Florida, Inc. for Community Development Block Grant Program funds to be used for the CDBG Site Design, Plan, and Permitting Project (hereinafter referred to as the "Agreement"); and WHEREAS, the Parties desire to amend the Agreement to extend the project completion date, and include language to clarify federal compliance requirements of meeting a National Objective. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words dough are deleted; Words Underlined are added I. SCOPE OF WORK * * A. SPECIAL GRANT CONDITIONS Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 1 of 8 1 6022 1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the design and permitting activities. 2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of Costs on activities that would limit the choice of reasonable alternatives. 3. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. a. Affirmative Fair Housing Policy b. Procurement Policy including Code of Conduct c. Affirmative Action Plan d. Conflict of Interest Policy e. Equal Opportunity Policy f. Residential Anti-displacement and Relocation Policy g. Sexual Harassment Policy h. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) i. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) j. Fraud Policy 4. Within 120 calendar days of the close-out of this Agreement, the SUBRECIPIENT must commence construction of the Immokalee Youth Development Center. Immokalee Youth Development Center must receive a Certificate of Occupancy by November 30, 2016 and begin serving beneficiaries no later than January 9, 2017. Failure to commence construction, receive a Certificate of Occupancy or serve beneficiaries will require the SUBRECIPIENT to repay the COUNTY in full. B. PROJECT DETAILS Improvements Federal Funds Project Component 1: Fund design and permitting activities such $183,236 as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. Grand Total $ 183,236 Project Component 1: Design and Permitting Fees Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 2 of 8 0 1 .60 22 The Subrecipient will engage in developing design and permitting activities such as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. The Boys & Girls Club will receive an amount up to $183,236 through an allocation of funds to perform the following CDBG activities: 1. Project Tasks a. Maintain documentation on all households using the facility in compliance with 24CFR 85.42 b. Provide quarterly reports on meeting a CDBG National Objective. c. Obtain Necessary Permits and Approvals d. Procure Engineering and Design services e. Prepare Bid Specifications and Engineer's Cost Estimate f. Submit invoices to HHVS for permitting/design/planning costs g. Provide for a lien the property in the amount of CDBG assistance until the project has completed construction. h. Required attendance by a representative from Executive Management at quarterly partnership meetings, as requested II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 10th day of December, 2013 and end on the 30th 9th day of January, 2017. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other CDBG assets, including program income. III. AGREEMENT AMOUNT * * * The Following Table Details the Payment Schedule Payment Deliverable Payment Schedule Submission Schedule Permit/Design • Submission of monthly • Monthly Plans/Engineering Specs invoices on AIA G702-1992 /Surveying Costs form (attached as Exhibit "G") or equivalent document per contractor's Schedule of Values, check Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 3 of 8 a 1 6022 stubs, bank statements and any other additional documentation as requested. • Final 10% ($18,323) released upon delivered completed Design and • Upon close out Engineering Specs, Surveys, and-proof of proper permits, and final beneficiary information for 400 individuals served. This payment may occur well beyond the term of this agreement. The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this agreement Prior to the disbursement of funds (Section I.A.3) Insurance Exhibit A Prior to the disbursement of funds and annually thereafter until 20-1-922 for all unsold parcels in phase 2C Detailed Project Schedule Project Schedule Within 60 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Exhibit D Exhibit D Quarterly and Annually thereafter until 11/20-1-82022 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2018 2022 Program Income Reuse Plan Plan approved by the County Annually until 2018 2022 IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Gino Santabarbara, Grant Coordinator Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 4 of 8 1 6022 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239-252-233-699 geoffreymagon @colliergov.net ginosantabarbara @ colliergov.net SUBRECIPIENT ATTENTION: Theresa J. Shaw President/CEO Boys & Girls Club of Collier County, Florida, Inc. P.O. Box 8896 Naples, FL 34101 239-325-1765 IX. ADMINISTRATIVE REQUIREMENTS * * * I. CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of five percent (5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 5 of 8 I 1 6022 o The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the Department. o The Department may require upwards of ten percent (10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the Department may recommend the contract or award be terminated. o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Department and is found to be non-compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners. Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 6 of 8 1 6022 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: BOARD OF CO 1 TY COMMISSIONERS OF DWIGHT E. BROCK;CLERK COLLIE'f OUNT FLORIDA � • �, '�; J!`. By: ,• signs • ,' i HE "G IRMAN Dated: Aptatiar (1 l�CJ*LI I (SEAL) BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. By: • THERESA J. SH( PRESIDENT/CEO BOYS & GIRLS CLUB OF COLLIER COUNTY FLORIDA, INC. Approved as to form and legality: cam► � .-...— Jennifer A. Belpedik Assistant County A . -•�-y aPo■A�' Item# I Agenda Date I- ` Boys&Girls Club of Collier County,Florida,Inc. Date First Amendment Reed 2013-2014 CDBG(CDBG13-04) Page 7 of 8 �l dip�epu / Cv," � 16022 EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub-recipients: Please fill in the following shaded areas of the report Agency Name: Boys&Girls Club of Collier County, Florida, In ' f Date: Project Title: Permits/Engineering/Architecture 1,1W111), \,'• :i Alternate Program Contact: t � y. Contact: ••,• ;i. Telephone Number: *REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 06/30/13 ❑ 09/30/14 ❑ 12/31/14 ❑ 3/31/15 ❑'` Please take note: The CDBG/HOME/ESG Program year begins October 1, 2013-September 30,2014. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2013. Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting those 1. goals since December 10,2013. A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement. Outcome 1: Maintain documentation on all households using the facility in compliance with 24CFR 85.42 Outcome 2: Provide quarterly reports on meeting a CDBG National Objective. Outcome 3: Obtain Necessary Permits and Approvals Outcome 4: Procure Engineering and Design services Outcome 5: Prepare Bid Specifications and Engineer's Cost Estimate Outcome 6: Submit invoices to Ill for permitting/design/planning costs Outcome 7: Provide for a lien the property in the amount of CDBG assistance until the project has completed construction Outcome 8: Within 120 calendar days of the close-out of this Agreement, the SUBRECIPIENT must commence construction of the Immokalee Youth Development Center. Outcome 9: Immokalee Youth Development Center must receive a Certificate of Occupancy by November 30, 2016 Outcome 10: Immokalee Youth Development Center must begin serving beneficiaries by January 9, 2017 Outcome 11:Immokalee Youth Development Center to serve 400 beneficiaries Boys&Girls Club of Collier County,Florida, Inc. First Amendment 2013-2014 CDBG(CDBG13-04) Page 8 of 8 -a�