Agenda 10/22/2013 Item #16D18 10/22/2013 16.D.18.
EXECUTIVE SUMMARY
This item (16.D.3) was continued from the October 8, 2013 Board of County Commissioners
meeting. Recommendation to approve amendment #1 to the FY2012-2013 agreement between
Collier County and Naples Equestrian Challenge for the Community Development Block Grant
(CDBG) project previously approved by the Board on May 14,2013. (Fiscal Impact SO).
OBJECTIVE: Complete necessary amendment to the subrecipient agreement for the acquisition of land
to benefit persons with special needs.
CONSIDERATIONS: The Board of County Commissioners approved a substantial amendment of
previous HUD annual Action Plans on May 14, 2013 (Agenda Item 16.D10). The substantial amendment
to the FY2012-2013 HUD Annual Action Plan included the Naples Equestrian Challenge (NEC)property
acquisition project.
Also on May 14, 2013, Agenda Item No. 16.D.11, and as a companion item to 16D10, the Board
approved a subrecipient agreement for the Naples Equestrian Challenge (NEC) project. The scope of the
project is to acquire property for a total cost of$520,000.
This item is to request approval of an amendment to the subrecipient agreement to extend the project
completion date from October 31, 2013 to January 31, 2014. In addition, the proposed amendment also
clarifies that the number of beneficiaries to include presumed clientele since the original application only
included Low Moderate Income (LMI) persons. As such, the modification requires 200 LMI persons or
presumed clientele per year to be served per year once the construction is complete.
Notable modifications are summarized below:
1. TEXT BOX. DUNS number, FETI number, FY END number and the Monitoring Deadline are
modified.
2. Section II, Time of Performance. Project completion date is extended up to and including
January 31. 2014.
3. Paragraph III, Agreement Amount. (1) Clarified that reference to "reimbursement" in the
subrecipient agreement allows for reimbursement, direct payment via check or wire transfer to a
trust account. This revision is necessary to accurately reflect the past practice with this CDBG
grant cycle. (2) Deliverables Box II updating Low Moderate Income language to LMI criteria or
be presumed clientele and monitoring will be until 2018. (3) Deliverables Box III adding
Presumed Clientele.
4. EXHIBIT"D"; Outcome Goals 1: updated closing date.
5. EXHIBIT"D"; Outcome Goals 2 updated LMI,Presumed Clientele and monitoring date.
6. Additional Provisions to meet State law (Chapter 2013-154 Laws of Florida)-located in Sections
III and IX.
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.
On October 8, 2013, a conditional use for this property item was approved by the Board of County
Commissioners on by unanimous vote. The terms of the conditional use and subrecipient agreement do
not conflict. Subrecipient is aware that it must comply with the terms of both documents.
Packet Page -1495-
10/22/2013 16.D.18.
FISCAL IMPACT: There will be no effect on ad-valorem or general fund dollars. Funds are available
within the Housing Grant Fund(705)FY12-13 CDBG Project(33236.2.9.1).
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 authorizes the
Chairwoman to execute amendment #1 to the FY2012-2013 agreement between Collier County and
Naples Equestrian Challenge for property acquisition.
Prepared By: Kristi Sonntag, Manager Federal/State Grants, Housing,Human and Veteran Services
Packet Page -1496-
10/22/2013 16.D.18.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.18.
Item Summary: This item (16.D.3) was continued from the October 8, 2013 Board of
County Commissioners meeting. Recommendation to approve amendment#1 to the FY2012-
2013 agreement between Collier County and Naples Equestrian Challenge 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 2:53:16 PM
Submitted by
Title: VALUE MISSING
Name: SonntagKristi
10/10/2013 2:53:18 PM
Approved By
Name: Grant Kimberley
Title:Interim Director
Date: 10/10/2013 4:20:18 PM
Name: MesaNancy
Title: Accountant,Housing,Human &Veteran Services
Date: 10/10/2013 4:20:28 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 10/10/2013 7:09:34 PM
Name: CarnellSteve
Title: Purchasing/General Services Director
Packet Page -1497-
10/22/2013 16.D.18.
Date: 10/11/2013 7:49:41 AM
oritik
Name: RobinsonErica
Date: 10/11/2013 9:58:12 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/11/2013 10:29:23 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/11/2013 12:00:19 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/11/2013 12:33:48 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/14/2013 11:05:45 AM
Name: OchsLeo
Title: County Manager
Date: 10/14/2013 2:15:27 PM
Packet Page -1498-
10/22/2013 16.D.18.
Grant#-B-12-UC-12-0016 00196
CFDAICSFA#-14.218
Subrecipient—Naples Equestrian
Challenge,Inc.
DUNS#-029483800060427072
FETI#-20-M41496-0793008
FY END 1 31 13 12-31
Monitoring Deadline 9-304033 1-31-2019
1st AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
NAPLES EQUESTRIAN CHALLENGE,INC.
PROPERTYACOUISITION
This Amendment, is entered into this 22"dday of October, 2013, by and between Naples Equestrian
Challenge, 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."
WHEREAS, on May 14, 2013, the County entered into an agreement with Naples Equestrian
Challenge, Inc. for Community Development Block Grant Program funds to be used for Property Acquisition
(hereinafter referred to as the "Agreement");and
WHEREAS,the Parties desire to amend the Agreement to make modifications throughout.
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 Struck ro are deleted; Words Underlined are added
IL TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of May, 2013 and end on the 31st
-day- '
October 2013 31st day of January, 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.
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS 13-08)
Amendment 41
Property Acquisition 1 of 9
Packet Page -1499-
10/22/2013 16.D.18.
1141. AGREEMENT AMOUNT
* * *
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 SO 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."
The following table details the project deliverables and payment schedule
Deliverable Payment and/or Deliverable
Schedule
Property Acquisition Reimbursement,wire transfer or
direct pay via check for allowable
expenses for property acquisition.
Supporting documentation
including but not limited to closing
documents,appraisal, survey,title
commitment.Exhibit B and HUD-
1 settlement statement must be
submitted for payment
A total minimum of 200 low and Quarterly until final payment
moderate income tLMI) persons or made and annually thereafter until
presumed clientele per once the 1/31/2019
construction is complete as evidenced
by submission of the Exhibit D
quarterly ntil 2033
Income qualification activities for N/AFiles maintained for 5 years
participants who will be LMI persons and reviewed during monitorin
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS 13-08)
Amendment#1
Property Acquisition 2 of 9
Packet Page -1500-
10/22/2013 16.D.18.
or Presumed Clientele; 51'K of
80% A
NInsurance Certificate within
30 days of renewal:submitted
property insurance annually and Property Appraiser
certification: submitted annually
Financial and Compliance Audit; Annually 180 days after the end of
submitted the fiscal year
end,.f fiscal <
Affidavit of Continued Use I Annually 1/31 through 2019
Any reference to reimbursement on the original Subrecipient agreement shall allow for reimbursement, direct
payment via check or wire transfer to a trust account.
IX. ADMINISTRATIVE REQUIREMENTS
* * *
B. DOCUMENTATION AND RECORDKEEPING
2. 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. 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.
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS 13-08)
Amendment ill
Property Acquisition 3 of 9
(2)
Packet Page-1501-
rs
10/22/2013 16.D.18.
8. Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records and at a cost that does not exceed the costprovided 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, unspent cash advances, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Any balance of
unobliaated 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 1 19.021 Florida Statutes regarding records maintenance, preservation and retention. SUBRECIPIENT
shall also produce records and information that complies with Section 215.97,Florida Single Audit Act.
* * *
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS I3-08)
Amendment*I
Property Acquisition 4 of 9
Packet Page-1502-
10/22/2013 16.D.18.
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. BROCK,CLERK COLLIER COUNTY,FLORIDA
By:
GEORGIA A.HILLER,ESQ., CHAIRWOMAN
Dated:
(SEAL)
NAPLES EQUESTRIAN CHALLENGE,INC.
By: aileA
KIM MINARICH
Kim Minarich, Executive Director
Naples Equestrian Challenge,Inc.
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney 037
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS 13-0S)
Amendment ü I
Property Acquisition 5 of 9
Cr)
Packet Page -1503-
10/22/2013 16.D.18.
EXHIBIT"I)"
OUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Agency Name:
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Date:
Project Title:
Program Contact Alternate
Contact:
Telephone Number:
�I�® ��
"REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): 7/31/13 10/31/13 00(00/00 00/00/00 II
Please take note: Each quarterly report needs to include cumulative data beginning from the start of agreement date of May 14,2013.
c r' ,aw Ii„> 47 � ,"r-
1. _... __ ` w ..
A.Outcome Goals: list the outcome•• 1(s from your approved !cation&su•
' 1.a•.,
B.Goal P Tess:Indicate the p•e ress to date in meet( •each outcome goal.
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS 13-OS)
Alas
Amendment*1
Property Acquisition 6 of 9
e
Packet page -1504-
10/22/2013 16.D.18.
'r .. �+q'
We , ... t,",7:7-.7.":'''''''''''' } s '"-. -.a ^s s
a . !...
e .. . ....:.....�._ «...r.. "rg ? f r ''","4.'-':-,-,-;....,-.-. ;o-a}2 T...N.' myn! "s a" r r2 .a,w.. . ..,.. mt' . nav3 '�i.....i. .. .� _,,, .. .a— �?5mwu..tw c-... ... +wn
Yes Na
■
If no,explain:
—`. t i:..�.,x .�r'-,�_ . ,.h »..: ?fir,,;! �: �"'�" ., .t xc •••• •• :�
a. ...now have new access(continuing)to this service or benefit?
b new has improvetd access to this service or benefit?
c. ...now receive a service or benefit that is no longer substandard?
TOTAL 0
^; a .='_ t -"eb c^ma.°^ - z ,
.
Section 108 Loan Guarantee HOPWA
Other Consolidated Pian Funds CDBG
ESG
Other Federal Funds
State I Local Funds HOME
Total
$ Entitlement $
Total Other Funds - Funds
NAPLES EQUESTRIAN CHALLENGE,INC.
CDBG(CDS 13-08)
Amendment#1
7 of 9
Pro perty Acquisition
Packet Page -1505-
S
10/22/2013 16.D.18.
EXHIBIT"1)"
•UARTERLY PROGRESS REPORT
a Tae.ND,of etas females owvsd; atY No of smOlet m .
served andr It
b. Total Na at adiAt males served: Taal No,d ammo
served urwr iB:
TOTAL: 0 TOTAL: 0 a
c. Tor:No.at!males served Total Pb.drama*heed of htrueehoid
." ^•one-..--Y s_� -,.- .....
a. Torts number of adult!wows Tats run 011111MOIOS served wider 1Q
b. Totes matter at adult males servile Taw number at mass served mos(t8:
TOTAL: 0 TOTAL: 0
c. Total No of Menthes es served: 11111Total M d.at female heed a rnweham
Cons:Oats EITHER trim e7 OR see.Comore ounndnfit yes program gaty sweet dens In as ar mare at the seed tW Presumed
genet cwegatee. Complete Question fig t any client in You program does not Ml Imo•Preamed genera category.
90 NOT COMPLETE SOTN QUESTION 7 AND!,
nMlca*the told numbsrattiMM rjjED_
Persons served Once Ootaber 1 wbo fa0 into Ithaca.the tow number of IttaWERCATED Pentane
each preened benefit category(me rots' served shwa October 1 who fell into Oath Mond
stns.1 osmf The tsar h question eV: category(tts rotor snout etmm me total on Gtanston se):
Report as:
Report a:
Mead l.Mgnn
Extremely Cw Moyne(0.9316)
Homeless Parson Low harms(31.501)
8t awed Spouses
Meows*horns(51-&%)
Penorr of I Ape Araowe bbowar teams(2801)
Flossy Persons
Veterans
CtrormaiyI Mont*li
Physicals.Driblet AtS,b
Misr-Youth
TOTAL: 0 TOTAL: 0
Press indicate how many UNDUPLICATED clients served sins October 1 *o "» s n *'addition�
_ into each race
Race coi+fst should equal the total, persona in each race category consider thennetves ylc
RACE
ETHNICITY
Whim d carom,how mahyaro Hamm?
8)ac) rrc:i - ,d wrnm,tow many are rbpeeic?
Arne :a whom,hoe may we Hispanic/
American hoanlAsaka Nets: ,at when,how many we Hbparsc,
tvwmms f avaawbOtrr PaNC n :or wmem,Mw merry are Mepwya?
Amman hawY+Naekan Netrve b :a wrrom,twow many are Heprvd?
illectstAtncan hnwiean&White - a:mom.how
Ann.Md ritAtwke Name&Ban cWAhiccan Am. mmany NS Hamm?
:d whom,tow rosy we Hepric7
Otter ttitti.recwl : :d whore.has many we Kspsme?
Oltwr ,d whorn,taw m
TOTAL: 0 �we MepweC7
0 TOTAL HISPANIC
Hamm
&grouse:
The • You typed nrml hue(Oprar'd phi ardtranC
slprsbre
NAPLES EQUESTRIAN CHALLENGE INC.
CDBG(CDS 13-08)
Amendment#1
Property Acquisition 8 of 9
9
Packet Page -1506-
10/22/2013 16.D.18.
EXHIBIT"F"
LOCAL AND FEDERAL RULES,REGULATIONS AND LAWS
40. Florida Statutes. 119.071.Contracts and Public Records
(
NAPLES EQUESTRIAN CHALLENGE,INC.
CMG(CDS 13-08)
Amendment#1
Property Acquisition 9 of 9
Packet Page-1507-