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Agenda 10/22/2013 Item #16D17 10/22/2013 16.D.17. EXECUTIVE SUMMARY Recommendation to approve amendment #1 to the FY2012-2013 agreement between Collier County and The Shelter for Abused Women & Children for the Community Development Block Grant(CDBG) project previously approved by the Board on May 14,2013. (Fiscal Impact SO). OBJECTIVE: Complete necessary shelter upgrades to benefit victims of domestic violence. CONSIDERATIONS: The Board of County Commissioners approved a substantial amendment of the HUD Annual Action Plan on May 14, 2013 (Agenda Item 16D10). The substantial amendment to the FY2012-2013 HUD Annual Action Plan included The Shelter for Abused Women & Children, shelter upgrades project. Also on May 14, 2013, Agenda Item No. 16D11, and as a companion item to 16D10, the Board approved a Subrecipient agreement for The Shelter for Abused Women & Children Project. The scope of the project is to provide grant funding towards upgrades at the shelter facility for a total cost of$174,990. This item is to request approval of an amendment to the Subrecipient agreement to extend the project completion date from October 31, 2013 to December 31, 2013. This extension will allow the Shelter for Abused Women&Children to complete the upgrades approved by the Board. In addition, The Shelter for Abused Women & Children has requested an update to their budget, allowing monetary changes within line items. The requested changes to the budget will not change the scope of the approved project nor will it change the amount of funds granted to the Shelter. Furthermore, effective July 1, 2013, a new State law (Chapter 2013-154 Laws of Florida) requires agreements funded with federal or state assistance to contain additional provisions related to public records and compliance with grant requirements therefore. the additional provisions have been added to the proposed amendment. Notable modifications include: 1. TEXT BOX; modify the Monitoring Deadline. 2. TIME OF PERFORMANCE; Paragraph II. Project completion date is extended up to and including December 31, 2013. 3. AGREEMENT AMOUNT; Add additional provisions per State Law 4. AGREEMENT AMOUNT; Budget Box updating project component amounts within allowable line items. 5. AGREEMENT AMOUNT; Deliverables Box III updating payment schedules 10% amounts within allowable deliverables. 6. ADMINISTRATIVE REQUIREMENTS; Add additional provisions per State Law 7. EXHIBIT"F"; Add additional provisions per State Law The proposed modifications are allowable under the grant, and will not increase nor decrease the amount of grant funds or impact the budget for this project. FISCAL IMPACT: There will be no effect on ad-valorem or general fund dollars. Funds are available within the Housing Grant Fund(705) CDBG Project(33176.2.13.1). Packet Page-1485- 10/22/2013 16.D.17. LEGAL CONSIDERATIONS: HUD CDBG regulations (24 CFR 570.503) require that written agreements be in effect for each subrecipient and that each subrecipient agreement contain a description of the work to be performed in sufficient detail for the County to monitor performance. This item is approved as to form and legality and requires majority vote for approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact by this action. RECOMMENDATION: That the Board of County Commissioners approves and authorize the Chairwoman to execute amendment#1 to the FY2012-2013 agreement between Collier County and The Shelter for Abused Women&Children. Prepared By:Kristi Sonntag, Federal & State Grants Manager; Housing,Human&Veteran Services Packet Page-1486- 10/22/2013 16.D.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.17. Item Summary: Recommendation to approve amendment#1 to the FY2012-2013 agreement between Collier County and The Shelter for Abused Women & Children for the Community Development Block Grant (CDBG) project previously approved by the Board on May 14, 2013. (Fiscal Impact$0). Meeting Date: 10/22/2013 Prepared By Name: SonntagKristi Title: VALUE MISSING 10/10/2013 11:35:28 AM Submitted by Title: VALUE MISSING Name: SonntagKristi 10/10/2013 11:35:30 AM Approved By Name: GrantKimberley Title:Interim Director Date: 10/10/2013 11:57:11 AM Name: MesaNancy Title:Accountant,Housing, Human&Veteran Services Date: 10/10/2013 12:10:57 PM Name: GrafCynthia Title: Applications Analyst.Information Technology Date: 10/10/2013 12:58:19 PM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 10/10/2013 1:02:31 PM Packet Page-1487- 10/22/2013 16.D.17. Name: RobinsonErica Date: 10/10/2013 1:43:09 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 10/10/2013 5:09:53 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 10/11/2013 7:38:24 AM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2013 9:38:53 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 12:33:27 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 10/14/2013 10:20:34 AM „. Name: OchsLeo Title: County Manager Date: 10/14/2013 2:07:04 PM Packet Page -1488- 10/22/2013 16.D.17.' Grant#-B-11-UC-12-0016 CFDAJCSFA#- 14.218 Subrecipient—The Shelter for Abused Women &Children,Inc. DUNS#-836680769 FETI#-59-2752895 FY END-6-30 Monitoring Deadline 12-31-18 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN,INC. This Amendment, is entered into this 22nd day of October, 2013, by and between THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. a private not-for-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida,herein after to be referred to as "COUNTY,"collectively stated as the "Parties." RECITALS WHEREAS, on MAY 14, 20I3, the COUNTY entered into an Agreement with the Community Development Block Grant Program funds to be used for a SHELTER IMPROVEMENTS AND UPGDRADES (hereinafter referred to as the"Agreement"); and WHEREAS, the Parties desire to amend the Agreement to include terms required by Chapter 2013-154, Laws of Florida and make other modifications to the agreement. 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 St*- c4ra are deleted; Words Underlined are added * H. TIME OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st day of Oetebc -December 31. 2013. 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. The Shelter for Abused Women&Children,Inc. (CDS I3.O6) Amendment N I_to(Shelter improvements and upgrades) Page I of 6 Packet Pa:e-1489- 10/22/2013 16.D.17. ' III. AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED NINETY DOLLARS and 00/100 (5174,990) for the use by the SUBRECIPIENT for SHELTER IMPROVEMENTS AND UPGRADES 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"). The SUBRECIPIENT project budget shall be as follows: Line Item Description 1 CDBG Project Component#1-Flooring Funds $116,225 $120,000 Com ponent#2-Equipment Security ty Office $ g,015 Project Component#3-HVAC $ 2.000 $ 32.000 Project Component#4-Security system at Shelter $ -l{;988 Project Component#5-Security System Cottages $ 1$ --2-900 Project Component #6-Environmental f $ 75 75$ 40 TOTAL 0 5174,990 Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10%of a cost category and activity shall be made with board approval. 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 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 quarterly progress reports. 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. The Shelter for Abused Women&Children,Inc. (CDS 13-06) Amendment a_1_to(Shelter Improvements and Upgrades) Page 2 of 6 (-3 Packet Pa e -1490- 10/22/2013 16.D.17.` 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." The following table details the project deliverables and payment schedule. Deliverable Payment and/or Deliverable Schedule Project Component#1- Submission of monthly invoices on AlA Flooring G702-1992 form or equivalent document. Final 10%($11,622.50$12,000.00) released upon documentation of Flooring complete. Supporting proof of payment documents must be provided as backup. Project Component#2- Submission of monthly invoices on AIA Equipment Security Office G702-1992 form or equivalent document. Final 10%($80.138$424.00)released upon documentation of Equipment purchased and I installed. Supporting proof of payment documents must be .rovided as backu.. Project Component#3- Submission of monthly invoices on AIA HVAC G702-1992 form or equivalent document. Final 10%($3,200)released upon documentation of HVAC system upgrades complete. Supporting proof of payment documents must be provided as back up. Project Component#4 Submission of monthly invoices on AIA Security System at the Shelter G702-1992 form or equivalent document. Final 10%(S-1600-$1.400)released upon documentation of Security system upgrades complete. Supporting proof of payment documents must be provided as back up. Project Component#5 Submission of monthly invoices on AlA Security System at Cottages G702-1992 form or equivalent document. Final 10%($200$400)released upon documentation of Security system upgrades complete. Supporting proof of payment documents must be provided as back up. Project Component#6 Proof of approved environmental clearance Environmental Individuals Served T 1/ Proof of a minimum of 1000 1 Exhibit D The Shelter for Abused Women&Children,Inc. (CDS 13-06) Amendment# 1 to(Shelter Improvements and Upgrades) Page 3 of 6 Packet Pare -1491- 10/22/2013 16.D.17. ' persons are served via exhibit Al tarp D submitted-quarterky Inventory Submittal-of-asset Annually/Inventory Log annually IX. ADMINISTRATIVE REQUIREMENTS B. DOCUMENTATION AND RECORDKEEPING * * * 2. SUBRECIPIENT shall maintain all records that ordinarily and necessarily would be required by the COUNTY to perform the service. * * * 34. 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 four(4) years after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the four(4)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 possession 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. 8. SUBRECIPIENT must provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119. Florida Statutes 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 The Shelter for Abused Women&Children,Inc. (CDS 13-06) Amendment k I to(Shelter improvements and Upgrades) Page 4 of 6 Packet Pa e-1492- 10/22/2013 16.D.17. 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, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Anv balance of unobligated funds which have been advanced or paid must be returned to the County. Any funds paid in excess of the amount to which the Subrecipient is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. In addition to the records retention outlined in Section X.B.3, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT shall also produce records and information that complies with Section 21 5.97. Florida Single Audit Act. EXHIBIT"F" LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS * * * 40. Florida Statutes, 119.071, Contracts and Public Records * * * REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW The Shelter for Abused Women&Children,Inc. (CDS 13-06) Amendment#_1_to(Shelter Improvements and Upgrades) Page 5 of 6 Packet Pa:e-1493- 10/22/2013 16.D.17. ' 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 COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: , Deputy Clerk GEORGIA A. HILLER, ESQ.,CHAIRWOMAN Dated: (SEAL) THE SHELTER FOR ABUSED WOMEN& CHILDREN, INC By: Subrecipient Signature Linda Oberhaus, Executive Director Subrecipient Name and Title Approved as to form and legality: 0 Jennifer A. Belpedio, Assistant County Attorney t" The Shelter for Abused Women&Children,Inc. (CDS 13-06) Amendment i1_1_to(Shelter Improvements and Upgrades) Page 6 of 6 Q Packet Pa a -1494-