Agenda 02/25/2014 Item #16D102/25/2014 16.D.10.
EXECUTIVE SUMMARY
Recommendation to approve First Amendment to a Disaster Recovery Enhancement Fund
Subrecipient Agreement with the City of Naples for the George Washington Carver
Apartments Area Stormwater project extending the term of the agreement, incorporating
monthly reporting and new provisions required by Florida Law.
OBJECTIVE: To mitigate the impact of natural disasters in low- income neighborhoods through
the use of grant funds.
CONSIDERATIONS: The Disaster Recovery Enhancement Fund (DREF) is a grant provided
to the states by the US Department of Housing and Urban Development to fund disaster
mitigation projects. On October 22, 2013, the Board approved submittal of Modification No. 2 to
the DREF Grant Agreement with the Florida Department of Economic Opportunity.
Modification No. 2 included the George Washington Carver Apartments Area Stormwater
project in Naples. The item also allowed for execution of an associated Subrecipient Agreement
with the City of Naples to provide DREF funds to the project. On January 8, 2014, the DEO
approved Modification 42 allowing the project to proceed.
Due to DEO's late approval of Modification #2, it is necessary to amend the Subrecipient
Agreement to extend the project completion date to coincide with the end of the DREF grant
agreement period which is October 22, 2014. In addition the modification incorporates monthly
reporting and new provisions required by Florida Law.
The proposed modifications are allowable under the grant and will not increase the amount of
grant funds or impact the budget for this project.
FISCAL IMPACT: The proposed actions described in this executive summary have no new
fiscal impact. The funding source for the grant award is the Disaster Recovery Enhancement
Fund. The award amount is $56,000. It is budgeted within Housing Grant Fund (705) under
DREF Project (33191).
GROWTH MANAGEMENT IMPACT: Implementation of DREF funded projects will
further the goals, objectives and policies set forth in the Housing Element of the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
a majority vote for Board action. — JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to execute Amendment No. 1 to the Subrecipient Agreement with the City of
Naples for the George Washington Carver Apartments Area Stormwater Improvement project.
PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services
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2/25/2014 16.D.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.10.
Item Summary: Recommendation to approve First Amendment to a Disaster Recovery
Enhancement Fund Subrecipient Agreement with the City of Naples for the George Washington
Carver Apartments Area Stormwater project extending the term of the agreement,
incorporating monthly reporting and new provisions required by Florida Law.
Meeting Date: 2/25/2014
Prepared By
Name: OienLisa
Title: Grants Coordinator, Housing, Human & Veteran Services
2/11/2014 1:31:23 PM
Submitted by
Title: Grants Coordinator, Housing, Human & Veteran Services
Name: OienLisa
2/11/2014 1:31:24 PM
Approved By
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 2/12/2014 9:06:05 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 2/13/2014 10:46:58 AM
Name: KushiEdmond
Title: Accountant, Housing, Human & Veteran Services
Date: 2/13/2014 2:20:28 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 2/13/2014 5:11:19 PM
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2/25/2014 16.D.10.
Name: GrantKimberley
Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services
Date: 2/14/2014 8:42:19 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 2/14/2014 9:33:57 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/14/2014 10:38:35 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 2/14/2014 12:11:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/14/2014 1:12:27 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 2/18/2014 8:39:02 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/18/2014 11:23:21 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/18/2014 12:14:41 PM
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2/25/2014 16.D.10.
W # 12DB- P5- 09- 21- 01 -K39
CSFA# - 14.228
i ient — Ci of Na les
# 084130293
FETI # 59- 60000382
FY End -6/30
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
City of Naples
Stormwater Improvements / George Washington Carver Apartments (GWCA) Area
This Amendment is entered into this 25th day of February, 201,4, by and between the
"City of Naples" a municipality existing under the laws of the State of Florida herein after
referred to as "SUBRECIPIENT" and Collier County, a political subdivision of the State of
Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties."
WHEREAS, on October 22, 2013, the Board of County Commissioners approved
Modification Number 2 to Subgrant Agreement Contract Number 12DB- P5- 09- 21- 01 -K39
between Collier County and the Florida Department of Economic Opportunity (DEO) and the
execution of an associated subrecipient agreement providing Community CDBG/DREF funds
for the George Washington Carver Apartments Area Stormwater project in the City of Naples,
Florida;
WHEREAS, on January 8, 2014, the DEO approved Modification Number 2 making the
associated subrecipient agreement providing Community CDBG/DREF funds for the George
Washington Carver Apartments Area Stormwater project effective on January 8, 2014
WHEREAS, the Parties desire to amend the Agreement to reference Chapter 2013 -154,
Laws of Florida requirements and extend the project completion date to the same date as the
ending date of Subgrant Agreement Contract Number 12DB- P5- 09 -21 -01 -K39, October 22,
2014.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
Words St-ruelc —Th r are deleted; Words Underlined are added
II. TIME OF PERFORMANCE
City of Naples
DREF 08 -05
Stormwater Improvements, GWCA Area
Contract Amendment #I
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Services of the SUBRECIPIENT shall start on the effective date and end on the ending
date of Modification #2 of DREF Su ant Agreement # 12DB- P5- 09- 21- 01 -K39 (incorporated
by reference) and end b 2
Y eb�_ Faa y —� a` October 22, 2014. 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. Any funds not obligated by the expiration date of this agreement
shall automatically revert to the County.
III. AGREEMENT AMOUNT
ra
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant_
The Subrecipient shall submit quarterly and monthly progress reports.
Invoices for work performed are required every month. If no work has been performed during
that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0
invoice will be required. Explanations will be required if two consecutive months of $0 invoices
are submitted. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days without written exception from
the Grant Coordinator will not be reimbursed. No payment will be made until approved by
HHVS for grant compliance and adherence to any and all applicable local, state or Federal
requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
IX. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service All
reports, plans, surveys, information, documents, maps, books, records and other
data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made available to the
COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or
HHVS. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles, procedures and practices, which
City of Naples
DREF 08 -05
Stormwater Improvements, GWCA Area
Contract Amendment #I
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sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will
properly reflect all net costs, direct and indirect labor, materials, equipment,
supplies and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for (6) years after expiration of this Agreement, as required by the CDBG
supplemental conditions provided by the Department of Economic Opportunity
with the following exception: if any litigation, claim or audit is started before the
expiration date of the for six (6) year period, the records will be maintained until
all litigation, claim or audit findings involving these records are resolved. The
COUNTY shall be informed in writing if an agency ceases to exist after closeout
of this Agreement of the address where the records are to be kept as outlined in 24
CFR 85.42. SUBRECIPIENT must meet all requirements for retaining_public
records and transfer at no cost to COUNTY all public records in l2ossession of
the SUBRECIPIENT upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements All records stored electronically must be provided to the
COUNTY in a format that is compatible with the information technology systems
of the public agency.
7. SUBRECIPIENT shall provide the public with access to public records on the
same terms and conditions that the Dublic agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law. Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making
final payments, disposing of program assets (including the return of all unused materials,
equipment, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records. In addition to the records retention outlined in Section
IX.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding
City of Naples
DREF 08 -05
Stormwater Improvements, GWCA Area
Contract Amendment #1
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records maintenance, preservation and retention. Any balance of unobligated funds which have
been advanced or paid must be returned to the County.Any funds in excess of the amount to
which the Subrectpient is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY SUBRECIPIENT shall also produce records and information that
complies with Section 215 97 Florida Single Audit Act
IN WITNESS WHEREOF, the parties have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Tom Henning, Chairman
Patricia L. Rambosk, City Clerk
Approved as to form and legality:
Robert D. Pritt, City Attorney
City of Naples
DRFF 08 -05
Stormwater Improvements, GWCA Area
Contract Amendment #I
CITY OF NAPLES
John F. Sorey III, Mayor
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