Agenda 12/11/2012 Item #16D 7W
12/11/2012 Item 16.D.7.
EXECUTIVE SUMMARY
Recommendation to approve amendments to specific contract conditions within seven (7) U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) subrecipient agreements for Fiscal Year 2010 -2011 and 2011 -2012. The changes are in line
with HUD guidelines for 24 CFR Part 570 Subpart K language and records retention time frames
for both HUD and State regulations.
OBJECTIVE: Assure required HUD language is in active CDBG Subrecipient Agreements (7).
CONSIDERATIONS: During a recent HUD monitoring Housing, Human and Veteran Services (HHVS)
was notified that more specific HUD language was necessary in our contracts and there were discrepancies
in some of the records retention periods. HUD has requested HHVS amend all active agreements to
incorporate the language regarding 24 CFR Part 570 Subpart K and for records retention language.
The Subrecipient's affected are:
Subrecipient
Funding
Year
City of Naples —Park Ira rovements
2010 -11
David Lawrence Center — Going Green
2010 -11
Guadalupe Center
2011 -12
Collier County Housing Authority
TBRA Administration
2011 -12
Housing Development Corporation of SW FL
2011 -12
City of Naples — Parking and Landscaping Improvements
2011 -12
David Lawrence Center — Generator
2011 -12
The Subrecipient Agreements are proposed to be amended as follows:
1. Section Vl. General Conditions, Subsection C. Local and Federal Rules, Regulations and Laws
a. Language addition referencing to 24 CFR Part 570 Subpart K. This section reflects rules
and regulations regarding such program requirements as fair housing, labor standards,
environmental standards, National Flood Insurance Program, relocation/displacement, lead
based paint, debarment/suspensions, ADA, conflicts of interest, etc.
2. Section VII. Administrative Requirements Subsection B. Documentation and Recordkeeping
a. Records retention following project completion— HUD requirement — 4 years
3. Section VII. Administrative Requirements Subsection I. Grant Closeout Procedpres
a. Finance Department follows Florida Statutes regarding records retention. Added reference
to Chapter 119 retention requirements.
FISCAL IMPACT: No general funds are associated with these subrecipient amendments. There is no
fiscal impact associated with this amendment.
Packet Page -3068-
12/11/2012 Item 16.13.7.
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote.- JBW
RECOMMENDATION: To approve amendments to seven (7) CDBG subrecipEient agreements for fiscal
years 2010 -2011 and 2011 -2012.
Prepared by: Elly Soto McKuen, Grant Support Specialist; Margo Castorena, Manager, Federal and State
Grants; Housing, Human and Veteran Services Department
�1
11�
Packet Page - 3069
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7.
12/11 /2012 Item 16.D.7.
Item Summary: Recommendation to approve amendments to seven (7) U.S. Department
of Housing and Urban Development (HUD) Community Development Block Grant (CDBG)
subrecipient agreements for Fiscal Year 2010 -2011 and 2011 -2012. The changes are in line with
HUD guidelines for 24 CFR Part 570 Subpart K language and records retention time frames for
both HUD and State regulations.
Meeting Date: 12/11/2012
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing, Human & Veteran
11/2/2012 2:42:26 PM
n Approved By
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
Date: 11/9/2012 4:51:35 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 11/14/2012 9:34:06 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 11/14/2012 2:13:26 PM
Name: DeSearJacquelyn
Title: Accountant,Housing, Human & Veteran Services
Date: 11/15/2012 4:54:34 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 11/16/2012 10:56:16 AM
Name: AckermanMaria
Packet Page -3070-
Title: Senior Accountant, Grants
Date: 11/16/2012 2:41:11 PM
12/11/2012 Item 16.D.7.
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 11/20/2012 1:33:51 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/21/2012 2:13:35 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 4:59:36 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/28/2012 1:22:02 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/29/2012 10:05:10 AM
Packet Page -3071-
12/11/2012 Item 16.D.7.
Second Amendment to
r� Agreement Between Collier County
And
City of Naples
Community Development Block Grant (CDBG) Funds
Anthony Park-5"' Avenue, North, Parking- Landscaping
This Amendment is entered into this 11th day of December, 2012, by and between the parties to the
original Agreement, City of Naples, a municipality existing under the laws of the State of Florida,
( "Subrecipient ") and Collier County, Florida, a political subdivision of the State of Florida,
(COUNTY) collectively stated as the "Parties."
RECITALS
Whereas, on November 9, 2010, the COUNTY entered into an Agreement with the Community
Development Block Grant Program funds to be used for a Anthony Park -5th Avenue, North, Parking -
Landscaping (hereinafter referred to as the "Agreement "); and
Whereas, on June 28, 2011, the Parties amended the Agreement to allow for a time extension
and amended the Scope of Services; and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD
language and make housekeeping type modifications to the agreement.
NOW THEREFORE, in consideration of the 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 Steele are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
26. The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2 ) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52 The SUBRECIPIENT also agrees to
comply with all other applicable Federal state and local laws regulations and olp icies
Amendment No. 2 CD10 -03
.ity of Naples
Anthony Park -5" Avenue North
Parking and Landscaping
Page l
Packet Page -3072-
12/11/2012 Item 16.D.7.
governing the funds provided under this contract. The SUBRECIPIENT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. All , ,,A sans .... e s infemipAien, ,i,,,,,,,,,.,ents maps, ara ether- data pr-a ,edufes
develeped, prepared, assembled,
Agr-eemei# shall be made available te the GOtXTY by the SUBMGMENT at any time
any event the SUBMG11-21—ENT shffikl keep a4i deeumen�s and r-eeer-ds for- six (6) years afler- expireti
ef giis Agr-eemeat. 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 writinp, if an agenq ceases to exist
after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR
&5.42.
L 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
VII.B.2, the SUBRECIPIENT shall comDly with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention.
AmendmentNo.2 CD 10-03
City of Naples-Anthony Park -5°i Avenue North
Parking and Landscaping
Page 2
Packet Page -3073-
12/11/2012 Item 16.D.7.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this 11 `1' day of December, 2012 for the Second Amendment.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
ATTEST:
PATRICIA L. RAMBOSK, CLERK
Dated:
(SEAL)
AmendmentNo.2 CD 10-03
City of Naples-Anthony Park -S1° Avenue Nordi
Parking and Landscaping
Page 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
LIN
FRED W. COYLE , CHAIRMAN
City of Naples, A Municipality
By:
Subrecipient Signature
Honorable Jahn Sorey, III. Mayor
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney`
Packet Page -3074-
12/11/2012 Item 16.D.7.
First Amendment to
Agreement Between Collier County
And
City of Naples
Community Development Block Grant (CDBG) Funds
Park Improvements
This Amendment is entered into this 11th day of December, 2412, by and between the parties to the
original Agreement, City of Naples, a municipality existing under the laws of the State of Florida,
( "Subrecipient ") and Collier County, Florida, a political subdivision of the State of Florida,
(COUNTY) collectively stated as the "Parties."
RECITALS
Whereas, on December 13, 2011, the COUNTY entered into an Agreement with the
Community Development Block Grant Program funds to be used for Park Improvements (hereinafter
referred to as the "Agreement "); and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD
language and make housekeeping type modifications to the agreement.
NOW THEREFORE, in consideration of the 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 Stimek T—hr- are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
27. The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations Part 570 (the U.S. Housing and Urban Development regulations
concerning Communily Development Block Grants (CDBG)) including subpart K of
these regulations except that (1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also a egr es to
comRly with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this contract. The SUBRECIPIENT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
Amendment No. I CDII -03
City of Naples
Park Improvements
Page l
Packet Page -3075-
12/11/2012 Item 160.7.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. maps,
doveleped, prepared, assembled, or- eempleted by the SUBRECIPIEW for- the PiEpase ef this
Agr-eefnew sheAl be made available te the GOUNTY by the SUBRECIPIENT at any time tipen r-equer,
of all deetimeRts and reeer-ds r-elating te this Agfeemei4 shall be suffender-ed te H14;19 if requested. in
any event the SUBRECIPIENT shall keep all doeuments and r-eeer-ds fer- six (6) yeafs afler- expife4i
of this ^ gFeement 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 readies
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.
I. 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 advanees, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records. In addition to the records retention outlined in Section
VILB.2, the SUBRECIPIENT shall comply with Section _1.19.021 Florida Statutes regarding records
maintenance, preservation and retention.
Amendment No. 1 CD11 -03
City of Naples
Park Improvements
Page 2
(This page intentionally left blank)
Packet Page -3076-
12/11/2012 Item 16.D.7.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this 11`b day of December, 2012 for the First Amendment.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
ATTEST:
PATRICIA L. RAMBOSK, CLERK
Dated:
(SEAL)
Amendment No. 1 CDII -03
City of Naples
Park improvements
Page 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
I:
FRED W. COYLE , CHAIRMAN
City of Naples, A Municipality
Bv:
Subrecipient Signature
Honorable John Sorey, III. Maw
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Packet Page -3077-
F
12/11/2012 Item 16.D.7.
First Amendment to
Agreement Between Collier County
And
Collier County Housing Authority, Inc.
Community Development Block Grant (CDBG) Funds
Tenant Based Rental Assistance Program - Administration Costs
This Amendment is entered into this 11th day of December, 2012, by and between the parties to the
original Agreement, Collier County Housing, Authority, Inc, a special independent district of the State
of Florida, created in accordance with Florida Statute Section 421.27 et. seq. ( "Subrecipient ") and
Collier County, Florida, a political subdivision of the State of Florida, (COUNTY) collectively stated
as the "Parties."
RECITALS
Whereas, on October 25, 2011, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for administration costs for the Tenant Based
Rental Assistance Program (hereinafter referred to as the "Agreement "); and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD
language and make housekeeping type modifications to the agreement.
NOW THEREFORE, in consideration of the 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 S#mel;< Thr- are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
27. The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that 1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52 The SUBRECIPIENT also agrees to
comply with all other applicable Federal state and local laws regulations and policies
governing the funds provided under this contract The SUBRECIPIENT further agrees
,*'_*'1kmendmentNo. I CDII -O8
ollier County Housing Authority
Administration Costs
Tenant Based Rental Assistance
Page I
Packet Page -3078-
12/11/2012 Item 16.D.7.
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. > and ether- da4a pFeeedufes
dewleped prepared, assembled, eF eemple4ed by the QTTT2DLY'`T E-NT f the pur-pase e fth- :s
AgFeemei4 shall be made ayailable to the G06INTY by the SUBREGMENT a any time upen request
ef all deauffi-e-a-4-9 Mad. Feeerds relating te 449 Agreement shall be saffender-ed w H14NI'S if reque4ed. In
any eyew the 8UBR:EG1PMNT- shall keep all deetiffleiits and feeer-ds fer- sbE (6) years after- eKpifati
of this n .--.eef enl 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.
I. 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
VII.13.2. the SUBRECIPIENT shall combly with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention.
Amendment No. 1 CDl 1 -08
Collier County Housing Authority
Administration Costs
Tenant Based Rental Assistance
Page 2
Packet Page -3079-
12/11/2012 Item 16.D.7.
14—N, IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this 11th day of December, 2012 for the First Amendment.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
'*'—"'4mendrnentNo. 1 CD] 1-08
.ollier County Housing Authority
Administration Costs
Tenant Based Rental Assistance
Page 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
FRED W. COYLE , CHAIRMAN
Collier County Housing Authority, Inc.
By:
Subrecipient Signature
Esmeralda Serrata, Executive Director
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Packet Page -3080-
12/11/2012 Item 16.D.7.
Third Amendment to
Agreement Between Collier County
And
David Lawrence Mental Health Center, Inc.
d /b /a David Lawrence Center
Community Development Block Grant (CDBG) Funds
Emergency Back -Up Generator
This Amendment is entered into this llth day of December, 2012, by and between the parties to the
original Agreement, David Lawrence Mental Health Center, Inc., d/b /a David Lawrence Center, a
private not- for -profit corporation existing under the laws of the State of Florida ( "Subrecipient ") and
Collier County, Florida, a political subdivision of the State of Florida, (COUNTY) collectively stated
as the "Parties."
RECITALS
Whereas, on October 25,2011, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for an Emergency Back -Up Generator
(hereinafter referred to as the "Agreement "); and
Whereas, on April 24, 2012 and October 23, 2012, the Parties amended the Agreement to add
compliance language and to modify the Scope of Services and work plan; and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD
language and make housekeeping type modifications to the agreement.
NOW THEREFORE, in consideration of the 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 Stimelf Threurglt are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
Ea
27. The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except t4at (1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
Amendment No. 3 CD11 -06
David Lawrence Center
Emergency Back -Up Generator
Page 1
Packet Page -3081-
12/11/2012 Item 16.D.7.
process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to
110-*N comply with all other applicable Federal state and local laws regulations, and policies
governing the funds provided under this contract. The SUBRECIPIENT further a rg ees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
M
2. All mpeFts, plans, swveys, :nom ien, doeume 4ccxrs,-imp of da4a pfoeedwes
deyeleped, assembled,
Agreement shall be Faade available to the COUNTY by the SUBRECIPIENT at any time upen req;aes
any eveRt the SUBRECIPIENT shall keep all deeuments and meer-ds fer- siiE (6) years after- expir-Mien
e f this glee wn 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 f 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.
I. 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
VII.B.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention.
Amendment No. 3 CD11 -06
David Lawrence Center
Emergency Back -Up Generator
Page 2
Packet Page -3082-
12/11/2012 Item 16.D.7.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this 11 "' day of December, 2012 for the Third Amendment.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BLOCK, CLERK COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE CHAIRMAN
Dated:
(SEAL)
Amendment No. 3 CD 11-06
David Lawrence Center
Emergency Back -Up Generator
Page 3
David Lawrence Mental Health Center, Inca
d/b /a David Lawrence Center
By:
Subrecipient Signature
Dave Schimmel, CEO
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Packet Page -3083-
12/11/2012 Item 16.D.7.
Second Amendment to
n Agreement Between Collier County
And
David Lawrence Mental Health Center, Inc.
d/b /a David Lawrence Center, Inc.
Community Development Block Grant (CDBG) Funds
Energy Efficiency -Going Green
This Amendment is entered into this 111h day of December, 2012, by and between the parties to the
original Agreement, David Lawrence Mental Health Center, Inc., d/b /a David Lawrence Center, Inc. a
private not - for - profit existing under the laws of the State of Florida, ( "Subrecipient ") and Collier
County, Florida, a political subdivision of the State of Florida, (COUNTY) collectively stated as the
"Parties."
RECITALS
Whereas, on June 14, 2011, the COUNTY entered into an Agreement with the Community
Development Block Grant Program funds to be used for an Energy Efficiency -Going Green Project
(hereinafter referred to as the "Agreement "); and
Whereas, on April 10, 2012, the Parties amended the Agreement to add compliance language,
amend the project timeline and the Scope of Services; and
Whereas, the Part ies desire to further amend the Agreement to reference additional HUD
� language and make housekeeping type modifications.
NOW THEREFORE, in consideration of the 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 Self Thr are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
27, The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that (1 ) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
Unendment No. 2 CDIO -12
David Lawrence Center
Energy Efficiency-Going Green
Page i
Packet Page -3084-
12/11/2012 Item 16.D.7.
process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also a reg es to
comply with all other applicable Federal state and local laws regulations, and policies
governing the funds provided under this contract. The SUBRECIPIENT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. > and other data pr-eeedur-es
of all deetiments and r-eser-ds relating to this Agr-eemefft shall be siaffender-ed te 14H;18 if mqeeste
p;r-atie 'ef this n gr-ee fnent 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 M 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.
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
VII.B.2. the SUBRECIPIENT shall comDly with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention.
Amendment No. 2 CDIO -12
David Lawrence Center
Energy Efficiency -Going Green
Page 2
Packet Page -3085-
12/11/2012 Item 16.D.7.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this 11th day of December, 2012 for the Second Amendment.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
mendment No. 2 CD10 -12
)avid Lawrence Center
Energy Efficiency - Going Green
Page 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE , CHAIRMAN
David Lawrence Center, Inc.
Subrecipient Signature
Dave Schimmel, CEO
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Packet Page -3086-
12/11/2012 Item 16.D.7.
First Amendment to
Agreement Between Collier County
And
"Guadalupe Center, Inc.
Community Development Block Grant (CDBG) Funds
Job Creation Project"
This Amendment is entered into this 11`b day of December, 2012, by and between the parties to the
original Agreement, Guadalupe Center, Inc, a non - sectarian private not - for - profit corporation existing
under the laws of the State of Florida, ( "Subrecipient ") and Collier County, Florida, a political
subdivision of the State of Florida, (COUNTY) collectively stated as the "Parties."
RECITALS
Whereas, on October 25, 2011, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for a Job Creation Project (hereinafter referred to
as the "Agreement"); and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD
language and make housekeeping type modifications to the agreement.
NOW THEREFORE, in consideration of the 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 £trueliThroug# are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
27. The SUBRECIPIENT agrees to comply with the reauirements of Title 24 of the Code of
Amendment No. I CD11-04
Guadalupe Center
Job Creation Project
Page 1
Federal Regulations, Part 570 (the U.S. Housing _and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also a rees to
comply with all other applicable Federal state and local laws, regulations, and policies
governing the funds provided under this contract. The SUBRECIPIENT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
Packet Page -3087-
12/11/2012 Item 16.D.7
VII. ADMINISTRATIVE REQUI.REMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. All repei4s, , maps, and ether- data pr-eeedures
Agreeme44 shall be made available te the GOUNTY by the SUBRECIPIENT at aRy 6 uest
any event the SURMCIPIENT shall keep all deaumefAs and r-eeer-ds fer- six (6) years a er- expir-afi
of LhAs Agr$emen4 —U on n 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
n after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR
85.42.
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
VII.B.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes reizardiniz records
maintenance, preservation and retention.
Amendment No. 7 CDI 1 -04
Guadalupe Center
Job Creation Project
Page 2
Packet Page -3088-
12/11/2012 Item 16.D.7.
IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this I 1 th day of December, 2012 for the First Amendment.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
Amendment No. 1 CD11 -04
Guadatupe Center
Job Creation Project
Page 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
ma
FRED W. COYLE , CHAIRMAN
Guadalupe Center, Inc.
By:
Subrecipient Signature
Barbara Oppenheim, President
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Packet Page -3089-
12/11/2012 Item 16.D.7.
First Amendment to
n Agreement Between Collier County
And
The Housing Development Corporation of SW Florida
Community Development Block Grant (CDBG) Funds
Homebuyer Education and Counseling
This Amendment is entered into this 11th day of December, 2012, by and between the parties to the
original Agreement, The Housing Development Corporation. of SW Florida (HDC), a private not -for-
profit corporation existing under the laws of the State of Florida ( "Subrecipient ") and Collier County,
Florida, a political subdivision of the State of Florida, (COUNTY) collectively stated as the "Parties."
RECITALS
Whereas, on April 24, 2012, the County entered into an Agreement with the Community
Development Block Grant Program funds to be used for Homebuyer Education and Counseling
(hereinafter referred to as the "Agreement "); and
Whereas, the Parties desire to further amend the Agreement to reference additional HUD
language and make housekeeping type modifications to the agreement.
NOW THEREFORE, in consideration of the 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 are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
[:�7
27, The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG)) including subpart K of
these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's
ent's
environmental responsibilities described in 24 CFR 570.604 and (2 ) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to
comply with all other applicable Federal state and local laws regulations and policies
governing the funds provided under this contract. The SUBRECIPIENT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
amendment No. L CD 11-09
Housing Development Corporation of SW FL, Inc.
Homebuyer Education and Counseling
Page 1
Packet Page -3090-
12/11/2012 Item 16.D.7.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. , plans, sufveys, infatmagen, doeumews, Fnaps, and other- data pfeeedidr-es
developed, prepared, assembled, or- eempleted by the SUBREGIPIENT fer- the pur-pese of dhis-
AgFeement shall be made available te the COUNT by the SUBREGIPIENT at any tifne .
any event the SUBREGIPIENT shall keep all doeuments and r-eeer-ds fer- six (6) year-s after
ef this 4gFee -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.
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 Iimited 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
VII.B.2. the SUBRECIPIENT shall comely with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention.
Amendment No. I CDII -09
Housing Development Corporation of SW FL, Inc.
Homebuyer Education and Counseling
Page 2
Packet Page -3091-
12/11/2012 Item 16.D.7.
.-� IN WITNESS WHEREOF, the Parties have each, respectively, by an authorized person or agent,
hereunder set their hands and seals on this l Itb day of December, 2012 for the First Amendment.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
Amendment No. I CD11 -09
Housing Development Corporation of'S W FL, Inc.
Homcbuyer Education and Counseling
Patc 3
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
:
FRED W. COYLE , CHAIRMAN
Housing Development Corporation of SW Florida, Inc.
go
Subrecipient Signature
Kathy Patterson, Executive Director
Type /print Subrecipient name and title
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
Packet Page -3092-