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Agenda 09/09/2014 Item #16D22 9/9/2014 16.D.22. EXECUTIVE SUMMARY Recommendation to approve the First Amendment to an Agreement with the Boys& Girls Club of Collier County for the Community Development Block Grant Site Design, Plan, and Permitting Project to extend the completion date and clarify deliverables to satisfy federal compliance requirements of meeting a National Objective. OBJECTIVE: To construct a Youth Development Center in Immokalee to benefit low-income Immokalee-area residents aged thirteen to eighteen. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally defined needs for programming and infrastructure. One project that has been selected for funding over multiple years is the construction of a Boys and Girls Club Youth Development Center in Immokalee. In 2009 CDBG funded the acquisition of land for this project in the amount of$560,740. On December 10, 2013, the Board approved a second subrecipient Agreement for the Site Design, Planning, and Permitting for the Center in the amount of $183,236 (Agenda item 16D15). The land acquisition project has been completed timely. The subrecipient has requested an extension to complete the design and permitting project due to various delays, including a delay in obtaining the environmental approval. Staff has determined that to meet HUD requirements for satisfying National Objectives,which assure that each project directly benefits clients,it is necessary to add additional language to the current subrecipient Agreement to link the land acquisition project with the design and permitting project. The time requested by the subrecipient is required to meet the components and deliverables of the 2013 agreement. This extension it is not unlimited, and requires that the project be completed timely from this point forward. Failure to do will require the subrecipient to repay the amount of the CDBG investment from the 2009 and 2013 agreements. First Amendment to the Agreement provides for the following changes: 1. Extends the completion date from November 10,2014 to January 9,2017; 2. Adds language to impose sanctions for non-performance or non-timely performance of activities; 3. Adds language to clarify deliverables to satisfy federal compliance requirements of meeting a National Objective. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for the grant award is the Community Development Block Grant (CDBG) Program. The grant award for this project is $183,236. It is budgeted in the Housing Grants Fund(705) for Project No. 33176 and 33236(CDBG Grants). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will •-• further the Goals,Objectives,and Policies with the Housing Element of the Growth Management Plan. Packet Page-2108- 9/912014 16.D.22. RECOMMENDATION: That the Board of County Commissioners approves First Amendment to the Agreement with Boys & Girls Club of Collier of Collier County for the CDBG Site Design, Plan, and Permitting Project for the eventual construction of the Immokalee Youth Development Center. Prepared By Gino Santabarbara,Grant Coordinator,Housing,Human and Veteran Services •"• Packet Page-2109- 9/9/2014 16.D.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.22. Item Summary: Recommendation to approve the First Amendment to an Agreement with the Boys &Girls Club of Collier County for the Community Development Block Grant Site Design, Plan, and Permitting Project to extend the completion date and clarify deliverables to satisfy federal compliance requirements of meeting a National Objective. Meeting Date: 9/9/2014 Prepared By Name: SantabarbaraGino Title: Grants Coordinator,Housing,Human&Veteran Services 8/14/2014 3:19:27 PM Submitted by Title: Grants Coordinator,Housing,Human&Veteran Services Name: SantabarbaraGino 8/14/2014 3:19:28 PM Approved By Name: KushiEdmond Title: Accountant,Housing,Human&Veteran Services Date: 8/14/2014 4:18:25 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 8/15/2014 3:41:53 PM Name: Bendisa Marku Title: Supervisor-Accounting,Housing,Human&Veteran Services Date: 8/18/2014 12:21:05 PM Name: GrantKimberley Title: Director-Housing,Human and Veteran S,Housing, Human&Veteran Services Date: 8/18/2014 5:36:36 PM Packet Page-2110- 9/9/2014 16.D.22. Name:MagonGeoffrey Title: Grants Coordinator,Housing, Human&Veteran Services Date: 8/19/2014 4:06:04 PM Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Housing, Human&Veteran Services Date: 8/20/2014 5:47:31 PM Name: TownsendAmanda Title: Director-Operations Support,Public Services Division Date: 8/21/2014 10:17:53 AM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 8/21/2014 12:21:57 PM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 8/21/2014 12:22:08 PM Name: CarnellSteve Title:Administrator-Public Services,Public Services Division Date: 8/21/2014 7:55:09 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/22/2014 8:51:23 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/22/2014 10:59:51 AM Name: StanleyTherese Title:Manager-Grants Compliance, Grants Management Office Date: 8/26/2014 11:34:49 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/26/2014 4:50:34 PM Packet Page-2111- 9/9/2014 16.D.22. Grant#-B-11-UC-12-0016 B-12-UC-12-0016 CFDA/CSFA#- 14.218 Subrecipient — Boys & Girls Club of Collier County,Florida, Inc. DUNS #-018696208 Agreement#CD13-04 IDIS#-459 FETI#-65-0279110 Fiscal Year End:5/31 Monitor End: 11, 143918 01/09/2022 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND BOYS & GIRLS CLUB OF COLLIER COUNTY,FLORIDA, INC. CDBG Site Design,Plan, and Permitting This Amendment is entered into this day of 2014, by and between the BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC." a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as SUBRECIPIENT and Collier County. Florida, hereinafter to be referred to as"COUNTY," collectively stated as the"Parties." RECITALS WHEREAS, on December 10th 2013, the COUNTY entered into an Agreement with Boys & Girls Club of Collier County, Florida, Inc. for Community Development Block Grant Program funds to be used for the CDBG Site Design, Plan, and Permitting Project(hereinafter referred to as the Agreement"); and WHEREAS, the Parties desire to amend the Agreement to extend the project completion date, and include language to clarify federal compliance requirements of meeting a National Objective. 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 Smock ough are deleted; Words Underlined are added I. SCOPE OF WORK * * * A. SPECIAL GRANT CONDITIONS • 3ovs& Girls Club of Collier County,Florida Inc. first Amendment 2013-2014 CDBG(CDBGI3-04) Page 1 of 8 Packet Page-2112- 9/9/2014 16.D.22. 1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for approval a detailed project schedule for the completion of the design and permitting activities. 2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the incurrence of Costs on activities that would limit the choice of reasonable alternatives. 3. The following resolutions and policies must be adopted by the Subrecipient's governing body prior to the distribution of funds. a. Affirmative Fair Housing Policy b. Procurement Policy including Code of Conduct c. Affirmative Action Plan d. Conflict of Interest Policy e. Equal. Opportunity Policy f. Residential Anti-displacement and Relocation Policy g. Sexual Harassment Policy h. Procedures for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u) i. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) j. Fraud Policy 4. Within 120 calendar days of the close-out of this Agreement. the SUBRECIPIENT mus commence construction of the Immokalce Youth Development Center. Immokalee Youth Development Center must receive a Certificate of Occupancy by November 30. 2016. and begin serving beneficiaries no later than January 9. 2017. Failure to commence construction, receive a Certificate of Occupancy or serve beneficiaries will require the SUBRECIPIENT to repay the COUNTY in full. B. PROJECT DETAILS Improvements Federal Funds Project Component 1: Fund design and permitting activities such $183,236 as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. Grand Total $ 183,236 Project Component 1: Design and Permitting Fees Boys&Girls Club of Collier County,Florida,Inc. First Amendment 2013-2014 CDBG(CDBGI3-04) Page 2 of 8 Packet Page-2113- 9/9/2014 16.D.22. The Subrecipient will engage in developing design and permitting activities such as, but not limited to, civil engineering, site plan, architectural services, surveying and permitting fees for the eventual construction of the Immokalee Youth Development Center. The Boys & Girls Club will receive an amount up to $1.83,236 through an allocation of funds to perform the following CDBG activities: 1. Project Tasks a. Maintain documentation on all households using the facility 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 HHVS for permitting/design/planning costs g. Provide for a lien the property in the amount of CDBG assistance until the project has completed construction. h. Required attendance by a representative from Executive Management at quarterly partnership meetings. as requested II. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 10th day of December,2013 and end on the 30th 9th day of January, 2017. 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 Following Table Details the Payment Schedule Payment Deliverable Payment Schedule Submission Schedule Permit/Design • Submission of monthly • Monthly Plans/Engineering Specs invoices on ALA 0702-1992 /Surveying Costs form (attached as Exhibit "G") or equivalent document per contractor's Schedule of Values, check �E3oys&Girls Club of Collier Count},Florida Inc. first Amendment 2013-2014 CDBG(CDBG13-04) Page 3 of 8 Packet Page-2114- 9/9/2014 16.D.22. stubs, bank statements and any other additional documentation as requested. • Final 10% ($18,323) released upon delivered completed Design and • Upon close out Engineering Specs, Surveys, and-proof of proper permits, and final beneficiary information for 400 individuals served. This payment may occur well beyond the term of this agreement. The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this agreement Prior to the disbursement of funds (Section I.A.3) Insurance Exhibit A Prior to the disbursement of funds and annually thereafter until 204-422 for alb unsold parcels in phase 2C Detailed Project Schedule Project Schedule Within 60 days of Agreement Execution Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid Invitation to Bid Sealed Bid Documents Prior to Invitation to Bid Submission of Exhibit D Exhibit D Quarterly and Annually thereafter until 1 1/201 82022 Financial and Compliance Audit Exhibit E Annually 180 days after FY end Continued Use Certification Continued Use Affidavit Annually until 2018 2022 Program Income Reuse Plan Plan approved by the County Annually until 2018 2022 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: Geoffrey Magon, Gino Santabarbara. Grant Coordinator Boys&Girls Club of Collier County,Florida,Inc. t"—■ First Amendment 2013-2014 CDBG(CDBG 13-04) Page 4 of 8 Packet Page-2115- (56) 9/9/2014 16.D.22. 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 239-252-233699 ginosantabarbaraa,colliergov.net SUBRECIPIENT ATTENTION: Theresa J. Shaw President/CEO Boys& Girls Club of Collier County, Florida, Inc. P.O. Box 8896 Naples, FL 34101 239-325-1765 IX. ADMINISTRATIVE REQUIREMENTS * * * I. 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, 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. 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. n)3oys&Girls Club of Collier County,Florida,Inc. 'irst Amendment 2013-2014 CDBG(CDBGI3-04) Page 5 of 8 Packet Page-2116- 9/9/2014 16.D.22. 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 rant 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. 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 contractor 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. * Boys EL Girls Club of Collier County,Florida.inc. t"—•. First Amendment 2013-2014 CDBG(CDBGI3-04) Page 6 of 8 Packet Page-2117- 9/9/2014 16.D.22. 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. A'1-1'EST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: TOM HENNING, CHAIRMAN Dated: (SEAL) BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. By: ,..JM'I.. _.E. _. • THERESA J. S PRESIDENT/CEO BOYS & GIRLS CLUB OF COLLIER COUNTY FLORIDA,INC. Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 0)o,\ Boys&Girls Club of Collier County,Florida,Inc, First. Amendment 2013-2014 CDBG(CDBGI3-04) Page 7 of 8 � Packet Page-2118- ? 9/9/2014 16.D.22. EXHIBIT "D" QUARTERLY PROGRESS REPORT Sub-recipients:Please fill in the following shaded areas of the report �` • X� Y z P 3�--s�a4 r ".cb P,r"+»+srX.r• =- . . .+✓3..ier.'n`?' . . ! x} ta-r `s' .y,E t a�diftIF . " t#x a. t x 4r 4 # • 1.0. ! #'P�Agency Name: .4.�. ..r Date: ° i ti� '# r rtr�..G',P`s '°' ?S^,nir—xr` a'"]t' fSa`,,..^m-�,.z... s �,,. 'i .3 d"`',-+t—'c- i! .'G• xsy'"�.. 's�$',�, �`a''R w. —�* zr_^••: -..: t,.,r x s� �.. a, •z.. xcss r . z74-sr e..'c. y..-+� ,P,„,nli ....... r 4 L r r r sc a}., sw tea, --s+`.s_"` ,}4fl Sr�;g it Project Title: s t t-iri�iil�.��t �.���CR7�a�.���,•. ::«.s e�r,L..vw`.ti�rkea,.a! �',rW x.ynni sux....s.'Y'e.��9-,.F�u�a+«�r�ri«.a.�.+�:x".�i'a'r!b'64v�4'ta.�t��i�l!U.'`+k!"ai trw.!'a`s's"^� ` 5c,.z I;4s>>r t es k-',c.. � care, ". 7a a 21 4 3- . ii., ^-vx,1 .4 11 sO._z *-T a^ r�w r e At ef ttg.+x p i 4 ar -1,ti p iP# , fz�f A � - " 4 _ Alternate Program Contact: Contact: gel eN-ti Telephone Number: "m ,.,„°, "'. M.,0,-: .d' 'REPORT FOR QUARTER ENDING:(check one that applies to the ell*" r ,r. corresponding grant period): 06/30/13 09/30/14 t-rE-r.. 12/31/14 # 3/31/15 !*; ;�,x, urx: matt# Please take note: The CDBG/HOME/ESG Program year begins October 1,2013-September 30,2014. Each quarterly report needs to include cumulative data beginning from the start of the program year October 1,2013. . ._ •Please list the'outcome goal(s)from•yourfapproved application stib-recipient agreement and indicate,your progress in meeting those;:• 1. goals,since 1D 2013. --' -•g , A.Outcome Goals: list the outcome goal(s)from your approved ap lication&sub-recipient agreement T� � f 9 t r Ai�a��Wt�i SIL�'v v �S t i d�'te '..+i /�,*j.,� y�.p k i s, a t if ff.# r �'.4, t 'k" .�^ .��ti�t. -S a`T.s' {rw f F, r S}�+�+7. � r ttl i ,jJfi ,..Y F£{i ji{�$ ,,•+i�tt;'' � '#�� !t x}1�"i f7 ^� '#'N�.jSL e� '. 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'T"Nt.go,a ysre'"?Fk�F.l•`"'* ar` y f .z,'* .. -'✓! cl©ll i e 10:l.��ee • Oe� m t-C ' ��must begin*erg � tary 1'�'s'. v i1# K .,■ £ Boys& Girls Club of Collier County,Florida, First Amendment 2013-2014 CDI3G(CDBG13-04) Page 8 of 8 Packet Page-2119-