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Agenda 10/22/2013 Item #16D11 10/22/2013 16.D.1 1 . EXECUTIVE SUMMARY Recommendation to approve amendment No. 1 to the Community Development Block Grant (CDBG)Agreement between Collier County and the David Lawrence Mental Health Center,Inc.in order to update the template language and extend the project completion date. (Fiscal Impact$0) OBJECTIVE: To provide services to persons with mental health and substance abuse disorders. CONSIDERATIONS: On November 13, 2012, Item 16D3, the Board of County Commissioners (BCC) approved an agreement with the David Lawrence Mental Health Center, Inc. for an Access 2 Wellness project that provides access to intensive, residential care for adults with significant substance abuse problems and also to construct an Outdoor Recreation Center for patients, to help facilitate optimal wellness in addition to the clinical rehabilitation. Funding for this project in the total amount of$180,000 will benefit low to moderate income persons. The David Lawrence Center has requested a modification to the subrecipient agreement in order to extend the project completion date through January 31, 2014 to achieve the required 198 beneficiaries served for the Outdoor Recreation Center portion of the Access 2 Wellness grant. The current contract's expiration date is November 13, 2013. Other modifications to the subrecipient agreement are also proposed as follows: 1. TIME OF PERFORMANCE; Paragraph II. Project completion date is extended from November 13,2013 up to and including January 31, 2014. 2. AGREEMENT AMOUNT; Paragraph III. Update language. 3. ADMINISTRATIVE REQUIREMENTS; Section(s): B. DOCUMENTATION AND RECORD KEEPING; Update language; E. PURCHASING; Revise Purchasing Threshold Policy Table; H. GRANT CLOSEOUT PROCEDURES; Update language. 4. EXHIBIT F; LOCAL AND FEDERAL RULES, REGULATION AND LAWS;Update language 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: There will be no effect on ad-valorem or general fund dollars. Funds are available within the Housing Grant Fund (705) FY2012-13 CDBG Projects (33236.2.1.1-$40,000), (33236.2.1.2- $37,500), (33236.2.2.3-5 100,000), and (33236.2.1.4-$2,500) LEGAL CONSIDERATIONS: 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 and authorizes the Chairwoman to execute the First Amendment to the subrecipient agreement between Collier County and the David Lawrence Mental Health Center, Inc. for the Access 2 Wellness Program. Prepared By: Rosa Munoz, Grants Coordinator; Housing, Human&Veteran Services Packet Page -1358- 10/22/2013 16.D.11 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve amendment No. 1 to the Community Development Block Grant (CDBG) Agreement between Collier County and the David Lawrence Mental Health Center, Inc. in order to update the template language and extend the project completion date. Fiscal Impact$0. Meeting Date: 10/22/2013 Prepared By Name: MunozRosa Title: Grants Coordinator,Housing, Human&Veteran Services 10/7/2013 8:22:23 AM Submitted by Title: Grants Coordinator,Housing, Human&Veteran Services Name: MunozRosa 10/7/2013 8:22:24 AM Approved By Name: GrantKimberley Title: Interim Director Date: 10/8/2013 11:49:26 AM Name: SonntagKristi Date: 10/8/2013 3:37:56 PM Name: MagonGeoffrey Title: Grants Coordinator Date: 10/8/2013 3:51:46 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 10/9/2013 9:00:28 AM Packet Page -1359- 10/22/2013 16.D.11 . Name: Mesa Nancy Accountant,Housing, Human&Veteran Services Date: 10/9/2013 11:00:52 AM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 10/9/2013 11:27:41 AM Name: CarneliSteve Title: Purchasing/General Services Director Date: 10/9/2013 1:34:23 PM Name: RobinsonErica Date: 10/10/2013 8:30:40 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/10/2013 8:49:24 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/10/2013 9:26:20 AM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 2:07:21 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 12:22:37 PM Name: OchsLeo Title: County Manager Date: 10/14/2013 11:17:23 AM Packet Page-1360- 10/22/2013 16.D.11 . Grant#- B-12-UC-12-0016 CFDA/CSFA#- 14.218 Subrecipient—David Lawrence Center DUNS #- 096580782 FETI#- 59-2206025 FY End 6/30 Monitoring Deadline 1/31/2017 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE CENTER ACCESS 2 WELLNESS This Amendment is entered into this day of , 2013, by and between the "David Lawrence Mental Health Center, Inc. d/b/a David Lawrence Center", a private not-for-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, herein after to be referred to as "COUNTY," collectively stated as the "Parties." RECITALS WHEREAS, on November 13, 2012 the COUNTY entered into an Agreement providing for Community Development Block Grant Program (CDBG) funds to be used to provide access to intensive, residential care for adults with significant substance abuse problems and to construct an Outdoor Recreation Center. (hereinafter referred to as the"Agreement"); and WHEREAS, the Parties desire to amend the Agreement to include terms required by Chapter 2013-154, Laws of Florida and make other modifications to the agreement 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 Struck—Through are deleted; Words Underlined are added * * * II. TIME OF PERFORMANCE David Lawrence Center 2012 CDBG(CD12-02) Access 2 Wellness Amendment#1 Page 1 of 5 Packet Page -1361- 10/22/2013 16.D.11 . Services of the SUBRECIPIENT shall start on the 13th day of November, 2012 and end on the 31'` day of January, 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. III. AGREEMENT AMOUNT 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 quarterly progress reports. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement 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."No payments will be made until approved by HHVS. * * * 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. 34. 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 four (4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) 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 David Lawrence Center 2012 CDBG(CD 12-02) Access 2 Wellness Amendment#1 Page 2 of 5 Packet Page -1362- 10/22/2013 16.D.11 . 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 possession of the SUBRECIPIENT upon termination of the contract and destroy and 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 must provide the public with access to public records on the same terms and conditions that the public 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. SUBRECIPIENT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. * * E. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Purchasing Threshold Policy Dollar Range($) Quotes Under$3K _ 1 Written Quote Abeve$3K to$1-OK$50K 3 Written Quotes Above $10K to $50K 3 Written Quotes Request for Proposal (RFP) Above$50K Invitation for Bid (IFB) * * * 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Any balance of unobligated 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. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. David Lawrence Center 2012 CDBG(CD12-02) Access 2 Wellness Amendment#1 Page 3 of 5 Packet Page -1363- 10/22/2013 16.D.11 . * * EXHIBIT "F" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS * * * 40. Florida Statutes, 119.071, Contracts and Public Records * * * David Lawrence Center 2012 CDBG(CD12-02) Access 2 Wellness Amendment#1 Page 4 of 5 Packet Page -1364- 10/22/2013 16.D.11 . 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: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: , Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN Dated: (SEAL) David Lawrence Mental Health Center, Inc. d/b/a David Lawrence Center, a private not-for-profit corporation existing under the laws of the State of Florida By: Subrecipient Signature Subrecipient Name and Title Approved as to form and legality: Jennifer A. Belpedio,Assistant County Attorney p \cA \ David Lawrence Center 2012 CDBG(CD12-02) Access 2 Wellness Amendment#1 Page 5 of 5 Packet Page -1365-