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Agenda 05/28/2013 Item #16B1 Proposed Agenda Changes Board of County Commissioners Meeting May 28,2013 Withdraw Item 16B1: Recommendation that the Collier County Board of County Commissioners (BCC), as the Community Redevelopment Agency (CRA), approve an amendment to the previously approved Disaster Recovery Initiative (DRI)/ Disaster Recovery Enhancement Funds (DREF) grant agreement between the BCC and the CRA. (Staff's request) Move Item 16D12 to 11F: Recommendation that Collier County no longer pursue wetland mitigation credits at Pepper Ranch Preserve, but continue to pursue grants for wetland restoration and panther habitat mitigation credits on the property. (Commissioner Nance's request) Withdraw Item 16K3: Recommendation for the Board of County Commissioners acting as the Airport Authority to approve and authorize the County Attorney's Office to retain consulting and expert witness services for the lawsuit captioned Quality Enterprises, USA, Inc.v Collier County Airport Authority(Case No. 12-4345-CA)in compliance with Section VII H of the Purchasing Policy. The estimated fiscal impact is approximately$38,105. (Staff's request) Time Certain Items: Item 13A to be heard at 9:30 a.m., immediately followed by Item 13B Item 11A to be heard at 10:30 a.m. Item 11E to be heard at 1:00 p.m. 5/28/2013 16.B.1 . EXECUTIVE SUMMARY Recommendation to approve modification #2 to Disaster Recovery Enhancement Fund (DREF) Grant Agreement #12DB-P5-09-21-01-K39 between the Florida Department of Economic Opportunity (DEO) and Collier County to approve the termination of a subrecipient agreement, facilitate reprogramming of available funds, approve a new subrecipient agreement and two subrecipient agreement amendments. OBJECTIVE: Allow for an additional Disaster Recovery Enhancement Fund (DREF) project, reallocate project and activity funds in order to fully expend available grant funding. CONSIDERATIONS: On July 26, 2011, agenda item #16D1, the Board of County Commissioners approved the submittal of an application for DREF funding to the Florida Department of Economic Opportunity (DEO). The purpose of the DREF grant is to fund projects that provide disaster relief and long term recovery. Bromelia Place, an original project with this grant cannot move forward due to the fact that the grantee does not have the adequate cash flow needed to support the project on a reimbursement basis. The Board's approval is needed to terminate the subrecipient agreement for the Bromelia project. The funds originally designated for the project will be reallocated as eligible projects are identified. One stormwater project within the City of Naples has been identified and will utilize a portion of the Bromelia project funds. To meet the needs of the community and help expend all awarded grant funds Housing, Human and Veteran Services accepted applications for available disaster recovery funds. Five Applications were received on February 1, 2013. Funding for one of these applications is being facilitated with this grant modification. The grant modification will accommodate funding one new eligible project for the City of Naples. This project will improve the stormwater system serving the George Washington Carver Apartments (GWCA) area. In addition three existing projects will have funds removed, reallocated or work plans updated as shown below. Project Action Current Reallocated New Subrecipien Rationale/Use Grant budget Amount Grant t agreement Budget amount Immokalee Amendment/Grant $2,084,513.91 $0.00 $2,084,513.91 $2,011,955.46 The work plan is being CRA - Modification (work updated to reflect the Stormwater plan) project's actual progress. Term of agreement extended to 3/6/14. CCHA-Farm Amendment/Grant $832,519.00 $0.00 $832.519.00 $732.616.72 $18,000 of multifamily Worker Modification rehabilitation funds will Village be reallocated for architectural professional services,categorized as an engineering activity by the DEO agreement. City Of New $0.00 $59,360.00 $59,360.00 $56,000.00 This hurricane hardening Naples Agreement/Grant project will consist of Stormwater Modification making repairs and GWCA area improvements to the stormwater system servicing the area of the Packet Page-431- 5/28/2013 16.B.1. GWCA area. Bromelia Grant Modification $300,000.00 -$59.360.00 $240,640.00 N/A This project has been Place cancelled. As eligible projects become available remaining project funds will be reallocated. Note: The difference between the amounts of the grant funds budgeted for each project and the amount of the corresponding subrecipient agreement is the amount of project delivery funds available To accommodate the grant agreement changes, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. Once the DEO has provided approval for the modification to the grant agreement, all new and revised associated subrecipient agreements may be executed by the Board chairwoman. FISCAL IMPACT: Due to the termination of a project in the amount of$300,000, DREF grant funds of$59,360 have been reallocated to a new project and result in a zero dollar net change and modification. The remaining $240,640.00 will be reallocated as projects are identified, at which time Board approval will be sought. DREF grant funds are available within the Housing Grants Fund 705, Project 33191. Funds are reallocated within the commitment item and as a result no Budget Amendment is required. GROWTH MANAGEMENT IMPACT: Implementation of DREF will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: Once the DEO has provided approval for the modification to the grant agreement, the amendment to the subrecipient agreement may be executed by the Board Chairwoman. This item is approved as to form and legality and requires majority vote for Board approval. -JB RECOMMENDATION: To approve and authorize the Chairwoman to sign a modification to Disaster Recovery Initiative (DRI) grants agreement #12DB-P5-09-21-01-K39 between DEO and Collier County and the associated subrecipient agreements. PREPARED BY: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services Packet Page -432- 5/28/2013 16.B.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Collier County Board of County Commissioners (BCC), as the Community Redevelopment Agency(CRA), approve an amendment to the previously approved Disaster Recovery Initiative (DRI)/ Disaster Recovery Enhancement Funds (DREF) grant agreement between the BCC and the CRA. Meeting Date: 5/28/2013 Prepared By Name: MuckelBradley Title: Project Manager, 4/25/2013 8:07:46 AM Submitted by Title: Project Manager, Name: MuckelBradley 4/25/2013 8:07:47 AM Approved By Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 5/3/2013 10:58:38 AM Name: Joshua Thomas Title: Grants Support Specialist, Date: 5/13/2013 8:13:36 AM Name: KlatzkowJeff Title: County Attorney Date: 5/16/2013 11:41:18 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/16/2013 12:11:33 PM Packet Page -433- 5/28/2013 16.B.1. Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/17/2013 9:43:32 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/20/2013 5:52:51 PM Packet Page-434- • 5/28/2013 16.B.1 . EXHIBIT A-1 Contract Amendment#1 Immokalee Area Community Redevelopment Agency DREF/CDBG 2008 This amendment, dated May 28. 2013 to the referenced agreement shall be by and between the parties to the original Agreement, the "Collier County Community Redevelopment Agency — Immokalee Area (CRA), (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY"). RE: Contract# I2DB-P5-09-21-01-K39 CFDA#14.228 Emergency Rule 9BER 09-2 "Immokalee Area Community Redevelopment Agency" DREF/CDBG- Immokalee Stornlwater Improvements Words Struck Through are deleted; Words Underlined are added: THE SUBRECIPIENT AGREES TO: * * III. TIME OF PERFORMANCE The effective date of the Agreement between Immokalee Area Community Redevelopment Agency and Collier County shall be May 22, 2012. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior to February 1, 2011 March 6, 2014. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Million Eleven Thousand Nine Hundred Fifty Five Dollars and 46/100 ($2,011,955.46) in U.S. Dollars for the services described in Exhibit "A." All improvements specified in Exhibit "A" 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 Immokalee CRA 2008 DREF 08-0I Stormwater Improvements Contract Amendment#1 Page 1 of 3 Packet Page-435- 5/28/2013 16.B.1. handled by the SUBRECIPIENT and monitored by HHVS, 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 HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the•p- - • - .. . .. �_ - . . . . - - - .- - _ • - Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will •- - _. 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. 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." EXHIBIT"A" SCOPE OF SERVICES COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA)IMMOKALEE Immokalee Stormwater Improvements C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 5/20126/2013 10/20129/2013 Prepare project plans and specifications 11/20129/2013 2/201311/2013 Procure eligible Contractor(s) Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#1 Page 2 of 3 Packet Page -436- 5/28/2013 16.B.1 . 3/20139/2013 5/201311/2013 Begin Construction 6/2013 b Construction 33% complete 9/201312/2013 11/20132/2014 Construction 6650% complete 12/2013/2014 2/20113/2014 Construction 100% complete and project close out IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of , 20 . ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq Chairwoman Dated: (SEAL) ATTEST: Collier County Community Redevelopment DWIGHT E. BROCK, CLERK Agency(CRA) Immokalee Area Dated: By: (SEAL) Tim Nance, Chairman, Collier County Community Redevelopment Agency Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Immol:alee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#1 Page3of3 Packet Page -437-