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Backup Documents 12/09/2014 Item #16D 1 13 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** ROUTING SLIP 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 I 'tials Date 1. Peggy Hager CHS i2) 4)1 2. County Attorney Office County Attorney Office . `„ y‘\� 3. BCC Office Board of County T ` Commissioners ›,/ \Z\4\4 4 Minutes and Records Clerk of Court's Office f\AI 191141+l+ ii:20 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 Phone Number lease call for pick up Contact/ Department Lisa Oien 252-6141 Agenda Date Item was � �-- Agenda Item Number Approved by the BCC ciccember 9,20 16D1 Type of Document Attached Modification#11 to the DRI K grant Number of Original 4 original K grant Mod Documents Attached I sang mature needed) 'total documents 3 amens the signature acceptable Cover letter 1 cover letter 1 o I)6 0 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's original signature? (y— Dietp zi/02 Q/vid 2. Does the document need to be sent to another agency for additional signatures? If yes, Pr f,,,L„ f o (y 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 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 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 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 /2/ tta 6ty and all changes made during the meeting have been incorporated in the ed document. The 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 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 14/30/12 16 111 Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq. Tom Henning Penny Taylor Tim Nance District 1 District 2 District 3 District 4 District 5 April 1, 2015 Adriane Burgess, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#10DB-D4-09-21-01-K09 Modification#11 Dear Mr. Burgess: Please accept this modification to Collier County's Disaster Recovery Initiative Grant agreement #10DB-D4-09-21-01-K09. Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activity: • Revise the Budget o Reallocate Public facility funds in the amount of $5,881.45 from service area #5 to service area#10 On December 9, 2014, the enclosed modification was approved by the Board of County Commissioners. Since / ,&*c4c: Tim Nance Chairman, Board of Commissioners Collier County, Florida 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 16 113 Grant# 10DB-D4-09-21-0t-K09 CFDA/CSFA#- 14.228 Subrecipient—Goodwill Industries of Southwest Florida, Inc. DUNS#-152823662 1�I' I FEID#-59-6196141 FY End-12/31 Monitor End: 2019 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,INC. ROBERT'S CENTER,HURRICANE HARDENING tti This Amendment is entered into this ..11 day of 2014, by and between the "Goodwill Industries of Southwest Florida, Inc", a private non--profit corporation existing under the laws of the State of Florida, herein after referred to as SUBR.ECIPIENT and Collier County,.Florida, hereinafter to be referred to as"COUNTY,"collectively stated as the"Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center in Immokalee, Florida WHEREAS, on June 25, 2013, the DEO approved modification #7 for grant agreement #10DB-D4-09-21-01-K09 making the associated subrecipient agreement effective on June 25, 2013; WHEREAS, on January 14, 2014, the parties approved an amendment to the subrecipient agreement related to the end date; WHEREAS, on September 23, 2014 the Parties desire to amend line items within the budget; WHEREAS, the parties agree to add additional funds to the agreement, clarify monitoring actions and conflict of interest; NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words Struck Through are deleted; Words Underlined are added Goodwill Industries of Southwest Florida, Inc. DRU 08-10 Robert's Center,Hurricane Hardening Contract Amendment 43 Page 1 of 6 .. T�stt. :. ....x�. ..:.,..�xx.bn. s -:.�i6t d/ pica.f� xb ' H ➢ S All references contained throughout the agreement to Housing, Human and Veteran Services CHIIVS)hereinafter shall read Community and Human Services (CHS). THE SUBRECIPIENT AGREES TO: * * * III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY ONES THOUSAND-DOLLARS ($915400) NINETY SIX THOUSAND SIX HUNDRED NINE DOLLARS ($96,649) 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"). All improvements specified in Section I. Scope of Services 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 HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center,hurricane Hardening All costs associated with the construction WOO 0$94,649 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects associated $2,000 site plan. Total $-94-00$9.6,649 Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment 03 Page 2 of 6 irq;;..»„ ..u.a,u;>,a r1 £» l•iy! ✓G..,,i'n.h.��'S�"l ,,...,.; ... z;, '.., ;r?,^Y,+,,;...A'. ' kF,".n u IX. ADMINISTRATIVE REQUIREMENTS C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may he contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee, During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNIY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall he considered delinquent and may he cause for default and termination of this Agreement. During the term, SUI3RECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that FIBVS will carry out no less than one(1)annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIEN'I' shall allow IIIIVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by Hl IVS or HUD. The COUNTY will monitorthe performance of the SUBRECIPIENT based on goals and performance standards as stated with all _other a Ifap ieable federal, state and local laws, regulations, and policies governing the fundsprovided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action isnot taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SURRECIPIENTagrees to provide HUD,, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement, CORRECTIVE ACTION Goodwill Industries of Southwest Florida, Inc, DRI 08-10 Robert's Center,Hurricane Ilardcniig Contract Amendment#3 Page 3 off Corrective action plans may be required fornoncompli_ance, 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, Housing Human and Veteran Services (FIHVS)_.._has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant fluids from HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being_issued to the entice and will_._require acorrective action plan be submitted to the Department within 15 days following the monitorin 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 I_i1lVS 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 eap is 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/DRI investment for acquisition of the properties conveyed, he returned to the Department. o The Department may require upwards of ten percent (10%1 of the acquisition amount he returned tothe Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the.case after repeated notification the Entity,continues to be substantially non- compliant, the Departmcnt_may recommend the contract or award be terminated. Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,hurricane hardening Contract Amendment#3 Page 4 of 6 ::. ...,,,, . x. ,.v ..es.,:;, .....R a.[..;^ see..n9vi.�z yi�'4�Xd.T%+"4b..>s,'� u±?'�Sn N.Pr't-„�„'.-a.7. .......:/ if,'4?i/e,'.g'l�`R. 9.A.f.iva; . ,..ar �i _v ,x �7.'3,*{➢.i'218,..z„+•.� 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 thc_poperties. 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 he non- compliant the above sanctions may he imposed across all awards at the discretion of the Board of County Commissioners. * X. OTHER PROGRAM REQUIREMENTS * * * E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest,direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570,611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HIIVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity he provided for employment of and participation of low and moderate- income residents of the project target area. The SU13RECLPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUI3REC1f'IENT, The COUNTY may review the proposed contract to ensure that the contractor is •ualified and that the costs are reasonable. Approval of an identity of interest contract will bein the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIF,NT's ability to self-manage the projects using its own employees. 4py possible conflict of_interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HNVS provided, however, Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane I tardening Contract Amendment#3 Page 5 of 6 that thisdlatazfaoll shall 1 a interpreted in J di a iniiiiner >.) as not i4 t..i.e.isa. <hlv ii;if'e.. tat the S utorl {cgpLement that t .nimun: puormniiv be provided fof cnin1.-.Ji:nt ii' i_i ..i h_.._.__.!_'..._.._ _ nd In._- to income sid is of the project target area. �=1r(ttl )dt[f;r1 of 10v 1 � 11iC)tlelaIC residents IN WITNESS WHEREOF, the parties have each. respeetitely. by can zuiihoriLeci peso ; or agent. hereunder set their hands and seals on the date first written above. A] IFS'F: BOARD OF COUN i Y COMMISSIONI..RS OF DWIGHT E. I O(:K. ( I.FRK ('OLIJ Ry,jjj;�Y. FLQRID;A .-9) . Icy, <10t ... De It TIM NANCE,CHAIRMAN ^y, Date: / ?�% l' �'"/� t L— d Dated: *1: E4I,) Attest as to Chairman S signature only. Goodwill Industries of Southwest Florida, Inc. By: '1n 1. Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida Inc. Approved as to form and legality: Jennifer A. Belpedio Assistant.County Attorney ''. ,,) ' Gooch01 Industries of St1=,tt u.,est iThllida, inC DRI Drs-10 Robot''Center. Hni: carte I Idid niq i.ont TICAmend rl'7e in »,> Page 6 of 6 160 1 Martha S. Vergara From: Martha S.Vergara Sent: Thursday, April 02, 2015 11:38 AM To: Oien, Lisa Subject: RE: Goodwill Agreement Amendment#3 OK, your doc is now ready for pickup.. it will be on the front counter, the memo attached will have your name on it. Thanks, Martha From: Olen, Lisa Sent: Wednesday, April 01, 2015 3:19 PM To: Martha S. Vergara Subject: RE: Goodwill Agreement Amendment #3 No, it does not go to Adrian Burgess In the DEO. I am sorry if I gave you the incorrect routing slip. I can pick it up or Peggy from our office will. Thanks Bina Dien Grants Coordinator 239-252-6141 Community and Human Services 3339 E. Tamiami Trail Suite 211 Naples, Florida 34112 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, April 01, 2015 3:12 PM To: OienLisa Subject: Goodwill Agreement Amendment #3 Hi Lisa, If I need to FedEx this to Adriane Burgess in Tallahassee I will need a FedEx Account#. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court &Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a collierclerk.com 1 1613 I. Martha S. Vergara From: Oien, Lisa Sent: Monday, December 15, 2014 1:21 PM To: Martha S.Vergara Cc: Kushi, Edmond Subject: RE: DEO Letter& Mod #11 The Fed Ex account number is . Can you please write DRI- K somewhere on the slip and then send us the slip. Thanks, 1'i sa(Dien. Grants Coordinator 239-252-6141 Community and Human Services 3339 E.Tamiami Trail Suite 211 Naples, Florida 34112 From: Martha S. Vergara [mailto:Martha.Vergara@acollierclerk.com] Sent: Monday, December 15, 2014 1:19 PM To: OienLisa Subject: RE: DEO Letter& Mod #11 Do you want it sent FedEx or snail mail? I will only need the FedEx Account # From: Olen, Lisa Sent: Monday, December 15, 2014 1:15 PM To: Martha S. Vergara Cc: Kushi, Edmond Subject: RE: DEO Letter& Mod #11 Yes please. If you need an account string it should be 705 138705 8822100 33104.1 L'i s a Dien. Grants Coordinator 239-252-6141 Community and Human Services 3339 E. Tamiami Trail Suite 211 Naples, Florida 34112 From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, December 15, 2014 12:18 PM To: OienLisa Subject: DEO Letter& Mod #11 Lisa, Do you want me to send these out to Adriane Burgess? 1 160 1 MEMORANDUM Date: December 15, 2014 To: Lisa Oien, Grants Coordinator Housing, Human & Veteran Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Modification #11 for DRI Contract between the Department of Economic Opportunity& Collier County Disaster Recovery Initiative Contract #10DB-D4-09-21-01-K09 Attached is four (4) original documents as referenced above, (Item #16D1) approved by the Board of County Commissioners on Tuesday, December 9, 2014. Forward a fully executed original to the Minutes and Record's Department to be kept as part of the Board's Official Record. If you have any questions please call me at 252-7240. Thank you. Attachment 16 0 1 Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq. Tom Henning Penny Taylor Tim Nance District 1 District 2 District 3 District 4 District 5 December 9, 2014 Adriane Burgess, Government Operations Consultant II Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street, MSC-400 Tallahassee, FL 32399 Re: Disaster Recovery Initiative Contract#10DB-D4-09-21-01-K09 Modification #11 Dear Mr. Burgess: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#10DB-D4-09-21-01-K09. Requested changes will facilitate expending the grant funds and allow Collier County to address certain Disaster Recovery needs in the Community. This modification will accommodate the following activity: • Revise the Budget o Reallocate Public facility funds in the amount of $5,881.45 from service area #5 to service area #10 On December 9, 2014, the enclosed modification was approved by the Board of Collier County Commission . • Sincerely, --_ Tom Henning Chairman, Board of Commissioners Collier County, Florida 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 Department of Economic Opportunity—Disaster Recovery Initiative 1 6 0 P pP Y rY Modification to Subgrant Agreement 6/1/2013 MODIFICATION NUMBER 11 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND COLLIER COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA Contract Number 10DB-D4-09-21-01-K09, award dated June 22, 2010 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $ 9,963,208.00 to Recipient under the Disaster Recovery Initiative Program ("DRI") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011-142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011; and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: n Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 6/30/2015 ❑ Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. tod� Department of Economic Opportunity—Disaster Recovery Initiative 16 0 1 Modification to Subgrant Agreement 6/1/2013 Modification Number: 11 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 2 f Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. n Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. n Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity"where appropriate in context. n Other: Department of Economic Opportunity—Disaster Recovery Initiative 160 1 Modification to Subgrant Agreement 6/1/2013 Modification Number: 11 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: Cler Co /ty By: By. • Name: Robert Dennis Name: Tom Henning / Title: Chief, Community Revitalization Title: Chairman, BCC Commissioners Date: Date: / 7/0'0r ATTrZST: Approved as to form and legality • Y: JY• = Assistant County Atto ey Attest as to Charon 0 low'g „ Ici(1nahn.n „..�.. , k01' Department of Economic Opportunity—Disaster Recovery Initiative 1601 Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an"X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an"X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority) 11. Submit three originals of the modification along with the required supporting documentation. c 1D. 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IN v• m w 0 m m Q Z 0 c !U -< 0 (U S (/' N • D) • 7 CD 0 m O S• as (D > C 3 > C co ay 3 O N o ° < No C C 30 < 3 O a▪ - 3 - CD • Q 0) D (D m CD • al g (fa CD N 0 O 3 O 0 J O , O• "7 O 0 rY• CD .7 0 C CD •J m cn v, (0 0 .__. 0 X Ni Ut N ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP D 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** ROUTING SLIP 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 Initials Date 1. Peggy Hager CHS /_ A 31 5 2. County Attorney Office County Attorney Office CU 4301)5 3. BCC Office Board of County `TAS b Commissioners � L-\\ \\� 4 Minutes and Records Clerk of Court's Office 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 Phone Number Pleas call for pick up Contact/ Department Lisa Oien 252-6141 Agenda Date Item was Agenda Item Number Approved by the BCC December 9,2014/ 16D1 Type of Document Attached Number of Original Amendment#3 to Goodwill Ind.Agreement Documents Attached 3 amendment#3 to the r 3 total documents Goodwill agreement(stamped signature acceptable) 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) Appjtcable) 1. Does the document require the chairman's original signature? c"/ C 2. Does the document need to be sent to another agency for additional signatures-? It yes, , provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. r%-. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 �~ 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 thej62- 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 aw r of your deadlines! 8. The document was approved by the BCC on /2 % i and all changes made during the meeting have been incorporated in the attached document. The 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 ,,.�Qp BCC, all changes directed by the BCC have been made,and the document is ready for the Wl Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WW"Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 D 1 MEMORANDUM Date: April 2, 2015 To: Lisa Oien, Grants Coordinator Housing, Human & Veteran Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: DEO — 3r1 Amendment to Agreement between Collier County and Goodwill Industries of SW FL, Inc., Robert's Center Hurricane Hardening DRI: Contract #10DB-D4-09-21-01-K09 Attached is three (3) original documents of each contract referenced above, (Item #16D1) approved by the Board of County Commissioners on Tuesday, December 9, 2014. Forward a fully executed original to the Minutes and Record's Department to be kept as part of the Board's Official Record. If you have any questions please call me at 252-7240. Thank you. Attachment 1601 Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA#- 14.228 Subrecipient—Goodwill Industries of Southwest Florida, Inc. DUNS # -152823662 _ FETI FEID#- 59-6196141 FY End-12/31 Monitor End: 2019 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. ROBERT'S CENTER,HURRICANE HARDENING l^ This Amendment is entered into this 1 day of u f 2014, by and between the "Goodwill Industries of Southwest Florida, Inc", a private non-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY,"collectively stated as the"Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center in Immokalee, Florida WHEREAS, on June 25, 2013, the DEO approved modification #7 for grant agreement #10DB-D4-09-21-01-K09 making the associated subrecipient agreement effective on June 25, 2013; WHEREAS, on January 14, 2014, the parties approved an amendment to the subrecipient agreement related to the end date; WHEREAS, on September 23, 2014 the Parties desire to amend line items within the budget; WHEREAS, the parties agree to add additional funds to the agreement, clarify monitoring actions and conflict of interest; NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words&t-ruck Through are deleted; Words Underlined are added Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 1 of 6 16D 1 All references contained throughout the agreement to Housing, Human and Veteran Services (HHVS) hereinafter shall read Community and Human Services (CHS). THE SUBRECIPIENT AGREES TO: • * * * III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY—ONE—THOUSAND—DOLLARS ($9-15404) NINETY SIX THOUSAND SIX HUNDRED NINE DOLLARS ($96,649) 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"). All improvements specified in Section I. Scope of Services 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 HHVS, which shall have access to all records and documents related to the project. The budget identified for all improvements is as follows: DRI FUNDS _ NOTE* Activities/items/services may include but not be limited to: Robert's Center, Hurricane Hardening All costs associated with the construction $8A3898 $94,649 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects associated $2,000 site plan. Total $ 91,000$96,649 * * Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center, Hurricane Hardening Contract Amendment#3 Page 2 of 6 16D IX. ADMINISTRATIVE REQUIREMENTS C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one(1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow I-II-IVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. CORRECTIVE ACTION Goodwill Industries of Southwest Florida, Inc, DRi 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 3 of 6 vG,.a 160 1 Con-ective 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, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS'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 HHVS 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/DRI investment for acquisition of the properties conveyed, be returned to the Department. o The Department may require upwards of ten percent (l0%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 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. Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 4 of 6 160 1 o The Departmentwill 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 he non- compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners. * * X. OTHER PROGRAM REQUIREMENTS E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane I-iardening Contract Amendment#3 Page 5 of 6 160 1 that this paragraph shall be interpreted in such a manner so as nut to unreasonably impede the statutory requirement that.maximum opportunity be provided for employment of and participation of low and moderate income residents of the project taruet area. A f K 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 DWIGHT E. t :OCK, CLERK COLLIER C`n Y, FLORIDA ...IL/ By: 4,amce_. De itfati, TIM NANCE,CHAIRMAN Date: /%/ In/� Dated: I LU IS {SEAL.) Attest as to Chairman s signature only. Goodwill Industries of Southwest Florida, Inc. By: 'r'AZ( Fred Richards,V. P. of CDS Goodwill industries of Southwest Florida Inc. Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney \z . Goodwill In Southwest Florida,Industries s of Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment 43 Page 6 of 6