Agenda 05/28/2013 Item #16B1 Proposed Agenda Changes
Board of County Commissioners Meeting
May 28,2013
Withdraw Item 16B1: Recommendation that the Collier
County Board of County Commissioners (BCC), as the
Community Redevelopment Agency (CRA), approve an
amendment to the previously approved Disaster
Recovery Initiative (DRI)/ Disaster Recovery
Enhancement Funds (DREF) grant agreement between
the BCC and the CRA. (Staff's request)
Move Item 16D12 to 11F: Recommendation that Collier County no longer pursue wetland
mitigation credits at Pepper Ranch Preserve, but continue to pursue grants for wetland restoration
and panther habitat mitigation credits on the property. (Commissioner Nance's request)
Withdraw Item 16K3: Recommendation for the Board of County Commissioners acting as the
Airport Authority to approve and authorize the County Attorney's Office to retain consulting and
expert witness services for the lawsuit captioned Quality Enterprises, USA, Inc.v Collier County
Airport Authority(Case No. 12-4345-CA)in compliance with Section VII H of the Purchasing Policy.
The estimated fiscal impact is approximately$38,105. (Staff's request)
Time Certain Items:
Item 13A to be heard at 9:30 a.m., immediately followed by Item 13B
Item 11A to be heard at 10:30 a.m.
Item 11E to be heard at 1:00 p.m.
5/28/2013 16.B.1 .
EXECUTIVE SUMMARY
Recommendation to approve modification #2 to Disaster Recovery Enhancement Fund (DREF)
Grant Agreement #12DB-P5-09-21-01-K39 between the Florida Department of Economic
Opportunity (DEO) and Collier County to approve the termination of a subrecipient agreement,
facilitate reprogramming of available funds, approve a new subrecipient agreement and two
subrecipient agreement amendments.
OBJECTIVE: Allow for an additional Disaster Recovery Enhancement Fund (DREF) project,
reallocate project and activity funds in order to fully expend available grant funding.
CONSIDERATIONS: On July 26, 2011, agenda item #16D1, the Board of County Commissioners
approved the submittal of an application for DREF funding to the Florida Department of Economic
Opportunity (DEO). The purpose of the DREF grant is to fund projects that provide disaster relief and
long term recovery. Bromelia Place, an original project with this grant cannot move forward due to the
fact that the grantee does not have the adequate cash flow needed to support the project on a
reimbursement basis. The Board's approval is needed to terminate the subrecipient agreement for the
Bromelia project. The funds originally designated for the project will be reallocated as eligible projects
are identified. One stormwater project within the City of Naples has been identified and will utilize a
portion of the Bromelia project funds.
To meet the needs of the community and help expend all awarded grant funds Housing, Human and
Veteran Services accepted applications for available disaster recovery funds. Five Applications were
received on February 1, 2013. Funding for one of these applications is being facilitated with this grant
modification.
The grant modification will accommodate funding one new eligible project for the City of Naples. This
project will improve the stormwater system serving the George Washington Carver Apartments (GWCA)
area. In addition three existing projects will have funds removed, reallocated or work plans updated as
shown below.
Project Action Current Reallocated New Subrecipien Rationale/Use
Grant budget Amount Grant t agreement
Budget amount
Immokalee Amendment/Grant $2,084,513.91 $0.00 $2,084,513.91 $2,011,955.46 The work plan is being
CRA - Modification (work updated to reflect the
Stormwater plan) project's actual progress.
Term of agreement
extended to 3/6/14.
CCHA-Farm Amendment/Grant $832,519.00 $0.00 $832.519.00 $732.616.72 $18,000 of multifamily
Worker Modification rehabilitation funds will
Village be reallocated for
architectural professional
services,categorized as an
engineering activity by
the DEO agreement.
City Of New $0.00 $59,360.00 $59,360.00 $56,000.00 This hurricane hardening
Naples Agreement/Grant project will consist of
Stormwater Modification making repairs and
GWCA area improvements to the
stormwater system
servicing the area of the
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5/28/2013 16.B.1.
GWCA area.
Bromelia Grant Modification $300,000.00 -$59.360.00 $240,640.00 N/A This project has been
Place cancelled. As eligible
projects become available
remaining project funds
will be reallocated.
Note: The difference between the amounts of the grant funds budgeted for each project and the amount of the corresponding
subrecipient agreement is the amount of project delivery funds available
To accommodate the grant agreement changes, the DEO provides specific modification forms to be
approved by the Board for submittal to the DEO. Once the DEO has provided approval for the
modification to the grant agreement, all new and revised associated subrecipient agreements may be
executed by the Board chairwoman.
FISCAL IMPACT: Due to the termination of a project in the amount of$300,000, DREF grant funds
of$59,360 have been reallocated to a new project and result in a zero dollar net change and modification.
The remaining $240,640.00 will be reallocated as projects are identified, at which time Board approval
will be sought. DREF grant funds are available within the Housing Grants Fund 705, Project 33191.
Funds are reallocated within the commitment item and as a result no Budget Amendment is required.
GROWTH MANAGEMENT IMPACT: Implementation of DREF will help facilitate efforts to meet
the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: Once the DEO has provided approval for the modification to the grant
agreement, the amendment to the subrecipient agreement may be executed by the Board Chairwoman.
This item is approved as to form and legality and requires majority vote for Board approval. -JB
RECOMMENDATION: To approve and authorize the Chairwoman to sign a modification to Disaster
Recovery Initiative (DRI) grants agreement #12DB-P5-09-21-01-K39 between DEO and Collier County
and the associated subrecipient agreements.
PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services
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5/28/2013 16.B.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Recommendation that the Collier County Board of County Commissioners
(BCC), as the Community Redevelopment Agency(CRA), approve an amendment to the
previously approved Disaster Recovery Initiative (DRI)/ Disaster Recovery Enhancement Funds
(DREF) grant agreement between the BCC and the CRA.
Meeting Date: 5/28/2013
Prepared By
Name: MuckelBradley
Title: Project Manager,
4/25/2013 8:07:46 AM
Submitted by
Title: Project Manager,
Name: MuckelBradley
4/25/2013 8:07:47 AM
Approved By
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/3/2013 10:58:38 AM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 5/13/2013 8:13:36 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/16/2013 11:41:18 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/16/2013 12:11:33 PM
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5/28/2013 16.B.1.
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/17/2013 9:43:32 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/20/2013 5:52:51 PM
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•
5/28/2013 16.B.1 .
EXHIBIT A-1 Contract Amendment#1
Immokalee Area Community Redevelopment Agency
DREF/CDBG 2008
This amendment, dated May 28. 2013 to the referenced agreement shall be by and between the
parties to the original Agreement, the "Collier County Community Redevelopment Agency —
Immokalee Area (CRA), (to be referred to as Subrecipient) and Collier County, Florida, (to be
referred to as "COUNTY").
RE: Contract# I2DB-P5-09-21-01-K39
CFDA#14.228
Emergency Rule 9BER 09-2
"Immokalee Area Community Redevelopment Agency"
DREF/CDBG- Immokalee Stornlwater Improvements
Words Struck Through are deleted; Words Underlined are added:
THE SUBRECIPIENT AGREES TO:
* *
III. TIME OF PERFORMANCE
The effective date of the Agreement between Immokalee Area Community
Redevelopment Agency and Collier County shall be May 22, 2012. The services of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement.
All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1,
2011 March 6, 2014. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding
for allowable costs, determined by COUNTY, in an amount not to exceed Two Million Eleven
Thousand Nine Hundred Fifty Five Dollars and 46/100 ($2,011,955.46) in U.S. Dollars for
the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
Immokalee CRA
2008 DREF 08-0I
Stormwater Improvements
Contract Amendment#1
Page 1 of 3
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5/28/2013 16.B.1.
handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records
and documents related to the project.
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 to the submittal of monthly progress reports. Payments shall be made to the•p- - • - .. . .. �_ - . . . . - - - .- - _ • -
Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will
•- - _. 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. 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."
EXHIBIT"A"
SCOPE OF SERVICES
COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY(CRA)IMMOKALEE
Immokalee Stormwater Improvements
C. PROJECT WORK PLAN:
The following Project Work Plan is in effect for program monitoring requirements
only and as such, is not intended to be used as a payment schedule.
Date Start Date End Work Plan
5/20126/2013 10/20129/2013 Prepare project plans and specifications
11/20129/2013 2/201311/2013 Procure eligible Contractor(s)
Immokalee CRA
2008 DREF 08-01
Stormwater Improvements
Contract Amendment#1
Page 2 of 3
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5/28/2013 16.B.1 .
3/20139/2013 5/201311/2013 Begin Construction
6/2013 b Construction 33% complete
9/201312/2013 11/20132/2014 Construction 6650% complete
12/2013/2014 2/20113/2014 Construction 100% complete and project close out
IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on this day of
, 20 .
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq
Chairwoman
Dated:
(SEAL)
ATTEST: Collier County Community Redevelopment
DWIGHT E. BROCK, CLERK Agency(CRA) Immokalee Area
Dated: By:
(SEAL) Tim Nance, Chairman, Collier County
Community Redevelopment Agency
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Immol:alee CRA
2008 DREF 08-01
Stormwater Improvements
Contract Amendment#1
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