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Agenda 03/11/2014 Item #16D3Recommendation to approve Amendment No. 2 to a memorandum of understanding between Housing, Human and Veteran Services and the Parks and Recreation Department; providing a time extension from March 1, 2014 to May. 1, 2014 and incorporate program income requirements for the construction of the Immokalee South Park Con unity Center. OBJECTIVE: To . provide for construction of a community amenity to benefit low- income neighborhoods. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally defined needs for programming and infrastructure. On July 25, 2012, Housing, Human and Veteran Services (HHVS) and the Parks and Recreation : Department entered into a Memorandum of Understanding (MOU) which outlines each department's responsibilities regarding the construction of the Immokalee South Park Community Center using CDBG funds. The MOU was required by HUD. On September 24, 2013, the BCC endorsed the MOU and Amendment #1 between Housing, Human & Veteran Services Department and the Parks & Recreation Department to build the Immokalee South Park Community Center with Community Development Block Grant (CDBG) funds (Item 16.D.19). The MOU and amendments are brought to the Board in an abundance of caution to assure knowledge of the arrangement pursuant to what has been previously approved by the Board in the Action Plan. Amendment No. 2 to the MOU provides for the following changes: 1. Extends the project completion date from March 1, 2014 to May 1, 2014 to allow for proper administrative close -out and reimbursement, and 2. Introduces additional provisions related to program income and compliance with grant . requirements as required by 24 CFR 570.503(c). FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for the grant award is the Community Development Block Grant program. The award amount is $775,016. It is budgeted within Housing Grants Fund (705) under Project (33176). LEGAL CONSIDERATIONS: Generally, written agreements between staff departments are not advisable. In this case, HUD requested that grant terms be memorialized in a MOU between County departments. For firture awards to County departments, I am working with staff and HUD to identify an alternative document for Board consideration either with the Action Plan or as a separate item. This item is approved as to form and legality and requires majority vote for approval.-JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves Amendment No. 2 to the Memorandum of Understanding between Housing, Human and Veteran Services and the Parks and Recreation Department for the construction of the Immokalee South Park Community Center. Prepared By: Gino Santabarbara, Grants Coordinator; Housing, Human and Veteran Services Packet Page -776- 311 112014 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve Amendment No. 2 to a memorandum of understanding between Housing, Human and Veteran Services and the Parks and Recreation Department; providing a time extension from March 1, 2014 to May 1, 2014 and incorporate program income requirements for the construction of the Immokalee South Park Community Center. Meeting Date: 3/11/2014 Prepared By Name: SantabarbaraGino Title: Grants Coordinator, Housing, Human & Veteran Services 2/20/2014 10:22:53 AM Submitted by Title: Grants Coordinator, Housing, Human & Veteran Services Name: SantabarbaraGino 2/20/2014 10:22:54 AM Approved By Name: MesaNancy Title: Accountant, Housing, Human & Veteran Services Date: 2/20/2014 12:29:38 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 2/21/2014 12:47:15 PM Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 2/21/2014 4:32:38 PM Name: MagonGeoffrey Title: Grants Coordinator, Housing, Human & Veteran Services Packet Page -777- 3/1112014 16.D.3. Y Nte: 2/24/2044 4:03.1.8. PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 2/24/2014 4:16:12 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 2/25/2014 11:59:12 AM Name: WilliamsBarry Title: Director - Parks & Recreation, Parks & Recreation Date: 2/26/2014 10:23:50 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 2/26/2014 1:41:47 PM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 2/27/2014 12:03:56 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/3/2014 9:51:31 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/3/2014 10:06:44 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 3/3/2014 10:56:34 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 3/4/2014 11:34:16 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/4/2014 12:06:15 PM Packet Page -778- 3/11/2014 16.D.3. Grant 9 - B- 11 -UC -12 -0016 CFDA/CSFA# - 14.218 Subrecipient — Collier County Parks & Recreation DUNS # - 076997790 FETI # - 59- 6000558 FY END 9 -30 Monitoring Deadline 3-0444 5 -01 -19 2nd AMENDMENT to the MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT AND THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT TOT. IMMOKALEE SOUTH PARK COMMUNITY CENTER This Amendment is entered into this day of , 2014, by and between Collier County Parks and Recreation, herein after referred to as SUBRECIPIENT and Collier County Housing Human & Veteran Services Department, herein after to be referred to as "HHVS," collectively stated as the "Parties." WHEREAS, on July 25, 2012, HHVS entered into an agreement with the SUBRECIPIENT for Community Development Block Grant Program funds to be used for the construction of the Immokalee South Park Community Center (hereinafter referred to as the "M.C.U. "); and WHEREAS, the Parties desire to amend the Agreement to make modifications throughout. 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 S#61Gk-T14Faug# are deleted; Words Underlined are added Amendment #2 to the MOU HHVS /P &R Immokalee South Park Community Centor CO11-07 I DIS#419 Page 1 of 4 Packet Page -779- N* � 1/2014 16. D-.3 . CDBG PROJECT: HUD Grant #B- 11 -UC -12 -0016 CD11 -07 IDIS #419 TERM; This amendment to the M.O.U. executed on July 25, 2012 between HHVS and Parks and Recreation covers the time period effective as date of last execution on Page 13 of the original executed M.O.U. through MaFeh 1, 2814 Mav 1, 2014. For final reimbursement, final documentation must be submitted within 60 120 days of construction completion which is PAaFG" 16, 201- May 15. 2014 and all construction must be complete by January 15, 2014, UNDERSTANDING BETWEEN PARTIES Administrative Requirements A. DOCUMENTATION AND RECORDKEEPING * w r 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the PARKS AND RECREATION DEPARTMENT for the purpose of this MOU shall be made available to HHVS by the PARKS AND RECREATION DEPARTMENT at any time upon request by HHVS. Materials Identified in the previous sentence shall be in accordance with generally accepted accounting principles procedures and practices which 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. Upon completion of all work contemplated under this MOU copies of all documents and records relating to this MOU shall be surrendered to HHVS if requested. In any event the PARKS AND RECREATION DEPARTMENT shall keep all documents and reports forsW46� four 4 years after expiration of this MOU, Amendment 92 to the MOU HHVS /P &R immokatee South Park Community Center CD21 -07 IDISN419 Page 2 of 4 - - ---------- ----- - --- Packet Page -780- 9 < -r 3111{2014 16.D.3. E. GRANT CLOSEOUT PROCEDURES PARKS AND RECREATION DEPARTMENT's obligation to the HHVS and 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 VI1.B.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobiigated funds which have been advanced or Paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT 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. Final request for reimbursement and supporting documentation to be received no later than Deeem -e- 91, 2013 May 1. 2014, F. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY annually. A program income re -use shall be developed and approved prior to implementation. If such plan is approved, the subrecipient shall through the annual program income re -use plan utilize program income in accordance with the approved plan and shall be in compliance with 24 CFR 570.503(c) in the operation of the Program. Amendment #2 to the MOU HHVS /P &R Immokaioe South Park Community Center CD11 -07 JQtsa419 (Signature Page to follow) Page 3 of 4 V 0l-MU L r GSG -/ 01- (a 3/11/2014 16.D.3. StGNATURES: Each part to this Amendment to the MOU has caused it to be executed effective Kimberley Grant Director Date Collier County Hou ing, Human & Veteran Services Barry W lams Director` Date Collier County Parks & Recreation Department /f fffffiiiii k Steve Carnelt Administrator Date Collier County Public Services Division ** *Steve Carneii is signing as the Administrator for both departments represented on this document. * ** Approved as to f0m and legality Assistant County AttorncY al Page 4 of 4 Amendment N2 to the MOU HHVS /P &R ImmokaleeSouth Park Community Center Cep CD21 -07 IDISN419 Packet Page -782-