Agenda 07/07/2015 Item #16D 17/7/2015 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve a no cost Modification No. 13 to a Disaster Recovery Initiative Grant
Agreement for the Colorado Avenue Storm Water Project with the Florida Department of
Economic Opportunity.
OBJECTIVE: To mitigate the impact of natural disasters in low- income neighborhoods through the use
of grant funds.
CONSIDERATIONS: Collier County has a Disaster Recovery Initiative (DRI) grant agreement with the
Florida Department of Economic Opportunity (DEO). The agreement allocates funds to specific hurricane
hardening and mitigation projects. A limited amount of funds is designated per activity within each
project. The activity amounts for one particular project in the agreement need to be modified.
The initial cost estimate for the flood and drainage activity for the Colorado Avenue Storm water project,
located in Immokalee, was too low and the initial cost estimate for the sidewalk activity was too high.
Adjusting these amounts within the agreement will facilitate an accurate and viable reimbursement
request from the DEO.
The changes to the activity allocations for the Colorado Avenue Storm water project are displayed in the
chart below.
Activity
Current Agreement amount
Modified agreement amount
Engineering
$19,700
$19,700 (no change)
Flood and Drainage
$264,300.00
$364,300.00
Sidewalks and pedestrian malls
$250,000.00
$150,000.00
FISCAL IMPACT: The proposed action has no new fiscal impact. The funding source for the grants is
DEO. Funds are budgeted within Housing Grants (705), Project 33104.
GROWTH MANAGEMENT IMPACT: Implementation of DRI funds will help facilitate efforts to
meet the goals, objectives and policies set forth in the Stormwater Management Subelement of the
Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign: 1) One modification to the Disaster Recovery Initiative (DRI) grant agreement, 2) One
cover letter.
Prepared By: Lisa Oien, Grants Coordinator, Community and Human Services Division
Attachments: 1) Modification 413 to Disaster Recovery Initiative agreement with the DEO, 2) Grant
agreement modification cover letter, 3) Back -up documentation;
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7/7/2015 16.D.1.
Original back up information due to the size of the original agreements and prior modification, which is
i 8,386KB and 253 pages long, is accessible at:
http://-,vww.collierc!ov.net/ftp/AgendaJuly07]5/PubServices/i 6D I 15342DRImodification.pdf
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7/7/2015 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve Modification No. 13 to a Disaster Recovery
Initiative Grant Agreement for disaster relief and long term recovery or mitigation with the
Florida Department of Economic Opportunity.
Meeting Date: 7/7/2015
Prepared By
Name: OienLisa
Title: Grants Coordinator, Public Services Department
6/3/2015 10:15:12 AM
Submitted by
Title: Grants Coordinator, Public Services Department
Name: OienLisa
6/3/2015 10:15:13 AM
Approved By
Name: KushiEdmond
Title: Accountant, Public Services Department
Date: 6/9/2015 11:42:43 AM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 6/12/2015 11:16:31 AM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Public Services Department
Date: 6/12/2015 1:00:49 PM
Name: GrantKimberley
Title: Division Director - Cmnty & Human Svc, Public Services Department
Date: 6/14/2015 6:15:31 PM
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Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 6/15/2015 8:56:10 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 6/15/2015 3:38:47 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 6/16/2015 7:37:46 AM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 6/16/2015 4:03:14 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 1:29:19 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 3:54:06 PM
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7/7/2015 16.D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
MODIFICATION NUMBER 13 TO SUBGRANT AGREEMENT BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND
COLLIER COUNTY
This Modification is made and entered into by and between the State of Florida, Department of
Economic Opportunity, ( "the Department "), and Collier County, ( "the Recipient "), to modify DEO/DCA
Contract Number IODB- D4- 09- 21- O1 -K09, award dated June 22, 2010 ( "the Agreement ").
WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the
Department provided a subgrant of $9,963,201.00 to Recipient under the Disaster Recovery Initiative
Program ( "DRI ") as set forth in the Agreement;
WHEREAS, the Department and the Recipient desire to modify the Agreement;
WHEREAS, pursuant to the provisions of Chapter 2011 -142, Laws of Florida, the DCA Division
of Housing and Community Development was transferred to the Department of Economic Opportunity
effective October 1, 2011; and the parties wish to reflect the new name.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein,
the parties agree as follows:
❑ Reinstate Agreement
1. The Agreement is hereby reinstated as though it had not expired.
❑ Extend Agreement
2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of (Type in date,
if applicable).
❑ Revise Activity Work Plan
3. The Attachment 3, Activity Work Plan section
replaced by the revised Attachment 3, Activity
and incorporated herein by reference.
® Revise Program Budget and Scope of Work
of the Agreement is hereby deleted and is
Work Plan section, which is attached hereto
4. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced
by the revised Attachment A, the Program Budget, which is attached hereto and incorporated
herein by reference.
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7/7/2015 16.D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12131/2014
Modification Number: 13
DEO/DCA Contract Number: l ODB- D4- 09- 21- 01 -KO9
Recipient: Collier County
Page 2
❑ Change in Participating Parties
5. The Attachment A, Program Budget section, is hereby modified to delete all references to
"(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in
name, if applicable.)" as the Participating Party with the understanding that the Recipient and
the new Participating Party will enter into a Participating Party Agreement containing
provisions and caveats that meet or exceed the conditions agreed to in the Participating Party
Agreement between the Recipient and the original Participating Party.
❑ Inclusion of an Unmet Need as Addressed in the Original Application
6. The Attachment A, Program Budget section of the Agreement is hereby deleted and is
replaced by the revised Attaclunent A, the Program Budget, which is attached hereto and
incorporated herein by reference.
7. The Attachment 3, Activity Work Plan section of the Agreement is hereby deleted and is
replaced by the revised Attachment 3, Activity Work Plan section, which is attached hereto
and incorporated herein by reference.
❑ Change in Number of Accomplishments and /or Beneficiaries
8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is
replaced by the revised Attachment A, the Program Budget, which is attached hereto and
incorporated herein by reference.
❑ Reflect Change in Agency from DCA to DEO
9. This modification to the Subgrant Agreement hereby replaces "Department of Community
Affairs" with "Department of Economic Opportunity" where appropriate in context.
❑ Other: Additional Contract Requirements (Audit Language and Certifications)
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7/7/2015 16. D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
Modification Number: 13
DEO /DCA Contract Number: IODB- D4- 09- 21- 01 -K09
Recipient: Collier County
Page 3
10. Section (5), RECORD KEEPING, is hereby deleted and the following language added:
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
OMB Circular No. A -102, Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (53 Federal Register 8034) or 2 CFR 215,
Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations, and either 2 CFR 225, Cost Principles
for State, Local and Indian Tribal Governments, 2 CFR 220, Cost Principles for Educational
Institutions, or 2 CFR 230, Cost Principles for Non Profat Organizations.
(b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the federal government and their duly authorized representatives
shall have access to any of Recipient's books, documents, papers, and records, including electronic
storage media, as they may relate to this Agreement, for the purposes of conducting audits or
examinations or making excerpts or transcriptions.
(c) Recipient shall maintain books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all expenditures
of funds provided by DEO under this Agreement.
(d) Recipient will provide a financial and compliance audit to DEO, if applicable, and ensure that
all related party transactions are disclosed to the auditor.
(e) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all contractors and consultants paid from funds under this
Agreement, for a period of six years from the date this Agreement is final closed. The Recipient
shall ensure that audit working papers are available upon request for a period of six years from the
date this Agreement is final closed, unless extended in writing by the Department. The six -year
period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the six -year period expires, and extends
beyond the six -year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non - expendable personal property valued at $5,000 or more
at the time it is acquired shall be retained for six years after final disposition.
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7/7/2015 16. D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
Modification Number: 13
DEO/DCA Contract Number: 1ODB- D4- 09- 21- 01 -KO9
Recipient: Collier County
Page 4
3. Records relating to real property acquired shall be retained for six years after the closing
on the transfer of title.
(f) The Recipient shall maintain all records and supporting documentation for the Recipient and
for all contractors and consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives of the Program Budget - Attachment A - and all other applicable laws
and regulations.
(g) The Recipient, its employees or agents, including all contractors and consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to
representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of
the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability
or representatives of the federal government and their duly authorized representatives. "Reasonable"
shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday.
(h) To the extent that it does not conflict with federal regulations, the Recipient shall transfer, at
no cost to DEO, all public records upon completion or termination of this Agreement, and destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All electronic records shall be provided to DEO in a DEO- compatible
format.
(i) The Recipient shall include the aforementioned audit and record keeping requirements in all
approved contracts and assignments.
11. Section (6), AUDIT REQUIREMENTS, is hereby deleted and the following language is added:
(a) Review the Audit Requirements listed in Attachment M of this contract. For local
government fiscal years beginning after December 26, 2014, a recipient will not have to have a single
or pro gram- specific audit conducted in accordance with the provisions of OMB Circular A -133, as
revised, unless it expends $750,000 or more in Federal awards during its fiscal year.
(b) The requirements listed in Attachment M, Part II: State Funded, are not applicable to this
subgrant agreement which is a Federal pass - through award.
(c) Within sixty (60) days of the close of the fiscal year, on an annual basis, the recipient shall
electronically submit a completed Audit Compliance Certification (a version of this certification is
attached hereto as Attachment I) to audit @deo.myflorida.com. Recipient's timely submittal of one
completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement
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7/7/2015 16.D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12131/2014
Modification Number: 13
DEO/DCA Contract Number: IODB- D4- 09- 21- 01 -K09
Recipient: Collier County
Page 5
within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of
agreement, economic incentive award agreements, etc.) between DEO and the Recipient.
This form is in addition to the audit certification memo that must be sent to the Department if an
audit is not required because the local government spent less than $500,000 ($750,000 for fiscal
years starting after December 26, 2014) in Federal funds during a fiscal year.
(d) In addition to the submission requirements listed above, each recipient should send an
electronic copy of its audit report or certification memo (available on the CDBG website) by June 30
following the end of each fiscal year in which it had an open CDBG subgrant to its grant manager.
12. Section (16)(c), ATTACHMENTS, is hereby modified to add the following:
Attachment L : Audit Requirement
Attachment M ; Audit Compliance /Certification
13. Section (18), REPAYMENTS, is hereby modified to add the following:
(a) The Recipient and its contractors may only expend funding under this Agreement for
allowable costs resulting from obligations incurred during the Agreement period; however, pursuant
to 24 CRF 570.489(b), reimbursement can be requested for eligible application preparation costs that
were listed in the Recipient's Application for Funning.
(b) In accordance with Section 215.971, FS, the Recipient shall refund to DEO any balance of
unobligated funds which has been advanced or paid to Recipient.
(c) The Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient
or its contractors are entitled under the terms and conditions of this Agreement.
14. The following is provision is added as Section (24), CONTRACTS:
If the Recipient contracts any of the work required under this Agreement, a copy of the signed
contract must be forwarded to the Department for approval. The Recipient agrees to include in the
contract (i) that the contractor is bound by the terms of this Agreement,(ii) that the contractor is bound
by all applicable state and federal laws and regulations, (iii) that the contractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
contractor's performance of work under this Agreement, to the extent allowed and required by law,
and (iv) provisions addressing bid, payment, and performance bonds and liquidated damages. The
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7/7/2015 16.D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
Modification Number: 13
DEO/DCA Contract Number: i ODB- D4- 09- 21- 01 -KO9
Recipient: Collier County
Page 6
Recipient shall document in the quarterly report the contractor's progress in performing its work
under this Agreement.
For each contract, the Recipient shall report to the Department as to whether that contractor, or any
subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, FS.
15. The following is provision is added as Section (25), PUBLIC RECORDS RESPONSIBILITIES:
In accordance with Chapter 119 of the Florida Statutes, Recipient shall be responsible for
responding to all public records requests per the cost structure provided for records made or received
by Recipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of
Article I of the State Constitution and Section 11 9.07(l), Florida Statutes. Notice of public records
requests received by the Recipient shall be e- mailed to PRRequest@deo.myfloiida.com deo.myfloiida.com and mailed
to:
Public Records Coordinator
Department of Economic Opportunity
107 East Madison Street
Tallahassee, Florida 32399
Office: (850) 245-7140
(b) This Agreement may be terminated by DEO for refusal by the Recipient to comply with
Florida's public records laws or to allow public access to any non - exempt public record made or
received by the Recipient in conjunction with this Agreement.
16. The following is added as Section (26), EMPLOYMENT ELIGIBILITY VERIFICATION:
1. Executive Order 11 -116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require Recipient to:
a. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by Recipient during the Agreement
term; and,
b. Include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E- Verify
system to verify the employment eligibility of all new employees hired by the
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7/7/2015 16.D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
Modification Number: 13
DEO/DCA Contract Number: l ODB- D4- 09- 21- 01 -K09
Recipient: Collier County
Page 7
subcontractors during the term of the subcontract.
2. E- Verify is an Inteimet -based system that allows an employer, using information reported on
an employee's Form I -9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States after the effective date of the required
Memorandum of Understanding (MOU); the responsibilities and elections of federal
Recipients, however, may vary, as stated in Article II.D.I.c. Of the MOU. There is no charge
to employers to use E- Verify. The Department of Homeland Security's E- Verify system can
be found at:
3. If Recipient does not have an E- Verify MOU in effect, Recipient must enroll in the E- Verify
system prior to hiring any new employee after the effective date of this Agreement.
17. The following provision is added as Section (27), DISCRIMINATORY VENDOR:
Recipient affirms that it is aware of the provisions of Section 287.134(2)(a), Fla. Stat., and that at
no time has Recipient been placed on the Discriminatory Vendor List. Recipient further agrees
that it shall not violate such law during the term of this Agreement.
18. The following provision is added as Section (28), FINANCIAL CONSEQUENCES:
If the Recipient provides services to any client more than 180 days after receipt of the client
application, without recertification of the client's income eligibility, the Recipient shall be
assessed a financial consequence in the amount of one percent (1%) of the total amount of
weatherization services provided to the ineligible client's dwelling unit
C�
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7/7/2015 16. D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 12/3112014
Modification Number: 13
DEO /DCA Contract Number: l ODB-D4-09-21 -01 -K09
Recipient: Collier County
Page 8
All provisions of the Agreement and any attachments thereto in conflict with this Modification
shall be and are hereby changed to conform to this Modification, effective as of the date of the execution
of this Modification by both parties.
All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set
herein.
Department of Economic Opportunity
Name: William B. Killingsworth
Title: Director
Division of Community Development
Date:
:T:
Recipient: Collier County
C
Name: Tim Nance
Title: Chainnan, BCC Commissioners
Date:
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Approved as t,.,r.Crm and legality
N
7/7/2015 16. D.1.
Department of Economic Opportunity — Disaster Recovery Initiative
Modification to Subgrant Agreement 1213112014
Instructions for Completing the Modification to Subgrant Agreement Form.
Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards.
2. Type in the Modification Number in the three fields where it asks for the number.
Type in the Contract Number in the three fields where it asks for the number.
4. Type in the Local Government Name in the five fields where it asks for the Recipient.
5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the
information.
6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left
"click" on the box and an "X" will appear, indicating that the section is being modified.
7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate
line.
8. If the modification makes changes to the "Participating Parties," type in the names where indicated.
If the reason for the modification is not one of the seven common reasons, put an "X" in the check
box before "Other" at the bottom of the second page and then tab to the form field and type in the
reason.
10. On page 3, type in the name of the person signing the modification and the person's title. The date
must be handwritten. (The person signing tine modification must have signature authority.)
11. Submit three originals of the modification along with the required supporting documentation.
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7/7/2015 16.D.1.
July 14, 2015
Adriane Burgess, Government Operations Consultant II
Florida Department of Economic Opportunity
Caldwell Building 107 E. Madison Street, MSC -400
Tallahassee, FL 32399
Re: Disaster Recovery Enhancement Funds Contract #10DB- D4- 09- 21- 01 -K09
Modification #13
Dear Mr. Burgess:
Please accept this modification to Collier County's Disaster Recovery Initiative grant
agreement #10DB- D4- 09- 21- 01 -K09.
Requested changes will facilitate expending the grant funds and allow Collier County to
address certain Disaster Recovery needs in the Community.
This modification will accommodate the following activities:
• Revise the Program Budget
o Reallocate activity funds within a service area
On July 14, 2015, the enclosed modification was approved by the Board of Collier
County Commissioners.
Sincerely,
Tim Nance
Chairman, Board of Commissioners
Collier County, Florida
Packet Page -1447-