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Agenda 02/25/2014 Item #16D102/25/2014 16.D.10. EXECUTIVE SUMMARY Recommendation to approve First Amendment to a Disaster Recovery Enhancement Fund Subrecipient Agreement with the City of Naples for the George Washington Carver Apartments Area Stormwater project extending the term of the agreement, incorporating monthly reporting and new provisions required by Florida Law. OBJECTIVE: To mitigate the impact of natural disasters in low- income neighborhoods through the use of grant funds. CONSIDERATIONS: The Disaster Recovery Enhancement Fund (DREF) is a grant provided to the states by the US Department of Housing and Urban Development to fund disaster mitigation projects. On October 22, 2013, the Board approved submittal of Modification No. 2 to the DREF Grant Agreement with the Florida Department of Economic Opportunity. Modification No. 2 included the George Washington Carver Apartments Area Stormwater project in Naples. The item also allowed for execution of an associated Subrecipient Agreement with the City of Naples to provide DREF funds to the project. On January 8, 2014, the DEO approved Modification 42 allowing the project to proceed. Due to DEO's late approval of Modification #2, it is necessary to amend the Subrecipient Agreement to extend the project completion date to coincide with the end of the DREF grant agreement period which is October 22, 2014. In addition the modification incorporates monthly reporting and new provisions required by Florida Law. 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: The proposed actions described in this executive summary have no new fiscal impact. The funding source for the grant award is the Disaster Recovery Enhancement Fund. The award amount is $56,000. It is budgeted within Housing Grant Fund (705) under DREF Project (33191). GROWTH MANAGEMENT IMPACT: Implementation of DREF funded projects will further the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board action. — JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute Amendment No. 1 to the Subrecipient Agreement with the City of Naples for the George Washington Carver Apartments Area Stormwater Improvement project. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services Packet Page -788- 2/25/2014 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.10. Item Summary: Recommendation to approve First Amendment to a Disaster Recovery Enhancement Fund Subrecipient Agreement with the City of Naples for the George Washington Carver Apartments Area Stormwater project extending the term of the agreement, incorporating monthly reporting and new provisions required by Florida Law. Meeting Date: 2/25/2014 Prepared By Name: OienLisa Title: Grants Coordinator, Housing, Human & Veteran Services 2/11/2014 1:31:23 PM Submitted by Title: Grants Coordinator, Housing, Human & Veteran Services Name: OienLisa 2/11/2014 1:31:24 PM Approved By Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 2/12/2014 9:06:05 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 2/13/2014 10:46:58 AM Name: KushiEdmond Title: Accountant, Housing, Human & Veteran Services Date: 2/13/2014 2:20:28 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 2/13/2014 5:11:19 PM Packet Page -789- 2/25/2014 16.D.10. Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 2/14/2014 8:42:19 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 2/14/2014 9:33:57 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 2/14/2014 10:38:35 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 2/14/2014 12:11:18 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/14/2014 1:12:27 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 2/18/2014 8:39:02 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 2/18/2014 11:23:21 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/18/2014 12:14:41 PM Packet Page -790- 2/25/2014 16.D.10. W # 12DB- P5- 09- 21- 01 -K39 CSFA# - 14.228 i ient — Ci of Na les # 084130293 FETI # 59- 60000382 FY End -6/30 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND City of Naples Stormwater Improvements / George Washington Carver Apartments (GWCA) Area This Amendment is entered into this 25th day of February, 201,4, by and between the "City of Naples" a municipality existing under the laws of the State of Florida herein after referred to as "SUBRECIPIENT" and Collier County, a political subdivision of the State of Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on October 22, 2013, the Board of County Commissioners approved Modification Number 2 to Subgrant Agreement Contract Number 12DB- P5- 09- 21- 01 -K39 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DREF funds for the George Washington Carver Apartments Area Stormwater project in the City of Naples, Florida; WHEREAS, on January 8, 2014, the DEO approved Modification Number 2 making the associated subrecipient agreement providing Community CDBG/DREF funds for the George Washington Carver Apartments Area Stormwater project effective on January 8, 2014 WHEREAS, the Parties desire to amend the Agreement to reference Chapter 2013 -154, Laws of Florida requirements and extend the project completion date to the same date as the ending date of Subgrant Agreement Contract Number 12DB- P5- 09 -21 -01 -K39, October 22, 2014. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words St-ruelc —Th r are deleted; Words Underlined are added II. TIME OF PERFORMANCE City of Naples DREF 08 -05 Stormwater Improvements, GWCA Area Contract Amendment #I Page 1 of 4 Packet Page -791- n 2/25/2014 16.D.10. Services of the SUBRECIPIENT shall start on the effective date and end on the ending date of Modification #2 of DREF Su ant Agreement # 12DB- P5- 09- 21- 01 -K39 (incorporated by reference) and end b 2 Y eb�_ Faa y —� a` October 22, 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. Any funds not obligated by the expiration date of this agreement shall automatically revert to the County. III. AGREEMENT AMOUNT ra 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_ The Subrecipient shall submit quarterly and monthly progress reports. 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. 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." 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 All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which City of Naples DREF 08 -05 Stormwater Improvements, GWCA Area Contract Amendment #I Page 2 of 4 Packet Page -792- 2/25/2014 16.D.10. sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. 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 (6) years after expiration of this Agreement, as required by the CDBG supplemental conditions provided by the Department of Economic Opportunity with the following exception: if any litigation, claim or audit is started before the expiration date of the for six (6) 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 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 l2ossession of the SUBRECIPIENT upon termination of the contract and destroy any 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 shall provide the public with access to public records on the same terms and conditions that the Dublic 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. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 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, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding City of Naples DREF 08 -05 Stormwater Improvements, GWCA Area Contract Amendment #1 Page 3 of 4 d� Packet Page -793- 2/25/2014 16.D. 10. records maintenance, preservation and retention. Any balance of unobligated funds which have been advanced or paid must be returned to the County.Any funds in excess of the amount to which the Subrectpient is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY SUBRECIPIENT shall also produce records and information that complies with Section 215 97 Florida Single Audit Act 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: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Tom Henning, Chairman Patricia L. Rambosk, City Clerk Approved as to form and legality: Robert D. Pritt, City Attorney City of Naples DRFF 08 -05 Stormwater Improvements, GWCA Area Contract Amendment #I CITY OF NAPLES John F. Sorey III, Mayor Page 4 of 4 dJ Packet Page -794-