Loading...
Backup Documents 11/18/2014 Item #16D 5 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP + 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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** ROUTINGSLIP 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 Intia s Date 1. Peggy Hager Community and Human Services 1I*/ f" 2. County Attorney Office County Attorney Office 3. BCC Office Board of County 11-k b Commissioners \( ( S \ 4. Minutes and Records Clerk of Court's Office eTm (2.)021/ 4 3:2-qft 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 Phone Number 239-252-2399 Contact/ Department Agenda Date Item was November 18,2014 Agenda Item Number 16D5 Approved by the BCC Type of Document Amendment—City of Naples Intersection Number of Original 2 Attached Improvements Project 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' rigina)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. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be GS 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 NIA t� 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 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 v should be provided to the County Attorney Office at the time the item is input into SIRE. 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 November 18,2014 and all changes made during the meeting have been incorporated in the attached document. The c2.Y.Ov County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the c)CY 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 1 6 ® 5 MEMORANDUM Date: December 3, 2014 To: Gino Santabarbara, Grant Coordinator Housing, Human & Veteran Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: First Amendment to Agreement w/City of Naples — CDBG Intersection Infrastructure Improvements Attached is an original of the item referenced above, (Item #16D5) approved by the Board of County Commissioners on Tuesday, November 18, 2014. The Minutes and Record's Department has held the third original copy of the agreement amendment for the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 16 Grant# B-13-UC-12-0016 B-14-UC-12-0016 CFDA/CSFA#- 14.218 1 Subrecipient—City of Naples DUNS #-084130293 F-ETI FEID#-59-60000382 Fiscal Year End: 9/30 Monitor End: 1241404-4-05/31/15 Agreement# FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES CDBG INTERSECTION INFRASTRUCTURE IMPROVEMENTS This Amendment is entered into this I S day of Th2014, by and between the City of Naples, a municipality existing under the laws of the State of Florida, having its principal office at 735 8th Street South, Naples, FL 34102-1401, hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the"Parties." RECITALS WHEREAS, on September 10, 2013 the COUNTY approved the FY 2013-2014 Action Plan, providing CDBG funds in the amount of $30,959 to the City of Naples for the CDBG Intersection Infrastructure Improvements located at Goodlette-Frank Road and 5th Avenue North, Naples, FL; and WHEREAS, on December 10, 2013 the COUNTY approved a substantial amendment to the FY2013-2014 Action Plan to provide CDBG funds in the amount of$49,500 of additional funds to the City of Naples for the CDBG Intersection Infrastructure Improvements located at Goodlette-Frank Road and Central Avenue, Naples, FL; and WHEREAS, on January 14, 2014, the COUNTY entered into an Agreement with the City of Naples for Community Development Block Grant Program funds to be used for the CDBG Intersection Infrastructure Improvements Project (hereinafter referred to as the "Agreement"); and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the County advertised a substantial amendment to increase funding allocation to the project on October 3, 2014 with a 30-day citizen comment period from October 3, 2014 through November 3, 2014; and Co of Naples,Florida. 2013-2014&2014 2015 CD[30(CD 13-01) Page 1 of 9 1605 WHEREAS, the Parties desire to amend the Agreement in order to extend the project completion date from December 31, 2014 to May 31, 2015; and WHEREAS, the Parties desire to amend the Agreement in order to combine the existing CDBG FY 2013-2014 funding, in the amount of $80,459, with CDBG FY 2014-2015 allocated funds, in the amount of $94,685 for a total project cost of$175,144 to he able to complete the Intersection Infrastructure Improvements Project. 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 Stritek---Through are deleted; Words Underlined are added I. SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG funds, as determined by Collier County - - . •• : . • : • • ..• .• - • - - , Collier County Community and Human Services (CHS), and the FY2013 — 2014 Action Plan and FY 2014 — 2015 Action Plans identified and approved the Project to perform the tasks necessary to conduct the program as follows: HHVS CHS, as an administrator of the CDBG program, will make available CDBG funds up to the gross amount of$8034-5-9 $175.144 to the City of Naples to fund intersection improvements . • • - : - • at Goodlette-Frank Road and 5th Avenue North, and Goodlette-Frank and Central Avenue in order to improve pedestrian safety. B. PROJECT DETAILS Project Component 1: Intersection Improvements The Subrecipient will engage in completing intersection improvements and environmental review at Goodlette-Frank Road and 5th Avenue North, in order to improve pedestrian safety. The City of Naples will receive an amount up to $30,959 $81,665 through an allocation of funds to perform the activity listed below: Project Component 2: Intersection Improvements The Subrecipient will engage in completing intersection improvements and environmental review at Goodlette-Frank Road and Central Avenue, in order to improve pedestrian safety. The City of Naples will receive an amount up to $4-9400 $93,479 through an allocation of funds to perform the following CDBG activities: City of Naples.Florida. 2013-2014&2014—2015 CDR(i(Cl) 13-01) Page 2019 1 6 5 Activity Federal Funds Project Component I: Fund Intersection improvements and $30,959 $81,665 environmental review at Goodlette-Frank Road and Sm Avenue North in order to improve pedestrian safety. Project Component 2: Fund Intersection improvements and S4-97500$93,479 environmental review at Goodlette-Frank Road and Central Avenue in order to improve pedestrian safety. Grand Total S-804594175,144 1. Project Tasks a. Maintain project documentation 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 I IIIVS for environmental and improvements costs g. Required attendance by a representative from SUBRECIPIENT's Executive Management at quarterly partnership meetings, as requested by COUNTY. 2. National Objective The grant funds to the City of Naples will benefit at least 51% Low to Moderate Income individuals. As such the Subrecipient shall he responsible for ensuring that the project meets the Area Benefit definition at 24 CFR 570.208(a)(1). TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of January, 2014 and end on the 31th day of December,-2014 May, 2015. The term of this Agreement and the provisions herein may he 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 agrees to make available - - e . " City of Naples,Florida. 2013-2014&2014 2015 CINIG(Ct) 13-01) Page 3 of 9 1• • - . - - ' ' . ' ONE HUNDRED SEVENTY FIVE THOUSAND ON 6 D 5 HUNDRED FORTY FOUR DOLLARS(S175,144)for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. , :r.• . *:- : -• :. ::.• : -: -: :. : :' :• ', — •: •w -: • -: : : -- • - k ‘ " ft. Budgeted fund shifts between line items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project component shall only be made with board approval. All improvements specified in Section I. Scope of Work 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 handled by the SUBRECIPIENT and monitored by CHS, 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 CI IS. The SUBRECIPIENT is required to submit quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. 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. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the agreement. The extension must be authorized in writing by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS 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." The Following Table Details the Payment Schedule Payment Deliverable Payment Schedule Submission Schedule _ Costs f©r Infrastructure • Submission of monthly • Monthly City of Naples,Florida. 2013-2014&2014—2015 CD13G(CD 13-01) Page 4 of 9 D(c,-, Improvements and invoices on AIA G702-1992 / n form (attached as Exhibit "G") for Project Component 1 or equivalent document per and Project Component 2. contractor's Schedule of Values, check stubs, bank statements and any other additional documentation as requested. • Final 10%(48;046.) $17,514.40 released upon delivered • Final Delivery completed Infrastructure Improvements. 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: --: - - • : • • ; Gino Santabarbara, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 239 252 2336 239-252-2399 Geoff-r-eyniagen Ginosantabarbara6Pcolliergov.net SUBRECIPIENT ATTENTION: Greg Givens Grant Coordinator City of Naples 735 8th Street South Naples, FL 34102-6796 * * * (:it.) aNaples,Florida. 2013-2014&2014 2015 CD)3(;(CI) 13-01) Page 5 of 9 1605 IX. ADMINISTRATIVE REQUIREMENTS 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, Community and Human Services (CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients. Developers, or any entity receiving grant funds from CHS. CHS'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 CHS 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. 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. City of Naples,Florida. 2013-2(114&2014—2015(AMC,(CD 13-01) Page 6 of 9 o The entity will be considered in violation of Resolution No. 2013-228 1 6 fl 5 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. * * * 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 COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERCOLLIER UNTY ORIDA K(.... Illi ' =' C.CUK-ALDA- i - By: 0,—) . TOM HENNING, CHAtIAN Dated: 11°4 5 tfq , (sw , Attest*N , b VOglinn s sicmature only. CITY OF NAPLES, A MUNICIPALITY _ By: HONORABLE JOHN SOREY, In A.9---lz---V%;' JOHN SOREY, III, AYOR AT r EST: PATRICIA L. RAMBOSK, CLERK __t&4_ ,CilpkWcww-lialavh Approved as to form and legality Dated: fib/h ti Assistant Coun ttorney (SEAL) City of Naples,Florida, ‘0 2013-2014&2014—2015 CDBG(CD 13-01) Page 7 of 9 C) 1605 EXHIBIT"B" Sub recipient Name: City of Naples Sub recipient Address: Project No: Payment Request It Dollar Amount Requested: $ Date Period of Availability: 1/11/11 12/31/H SECTION II: STATUS OF FUNDS 1 _ ..z. _ ._ .•. $80,159 $ " . .. • . . - .. Of Past Claims Paid on this Account $ 5- _ .. ' .. $ I certify that this request for payment has been made in accordance with the terms and } linewledge-aral Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under$11,999) Dept Director (approval required$15,090 and above) City of Naples,Florida. 2013-2014 c&2014—2015 CDBG(CD 13-01) Page 8 of 9 1 6 in 5 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: City of Naples Sub recipient Address: 735 8th Street South, FL34102-1401 Project Name: CDBG Intersection Infrastructure Improvements Project No: CD13-01 Payment Request # Total Payment minus Retainage: Period of Availability: Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests (Minus Retainage) 5. Amount of Today's Request 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Department Director (approval required $15,000 and above) (approval required $15,000 and above) City of Naples,Florida. 2013-2014&2014—2015(DUG(CD 13-01) Page 9 of 9