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Agenda 12/09/2014 Item #16D 1 12/9/2014 16.D.1 . EXECUTIVE SUMMARY Recommendation to approve a Modification to a Disaster Recovery Grant Agreement for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity, and approve an associated subrecipient agreement amendment. OBJECTIVE: To allocate unspent Disaster Recovery Grant funds from a completed project to Goodwill's Robert's Center project. Disaster Recovery Grant funds are used to mitigate the impact of natural disasters in low-income neighborhoods. CONSIDERATIONS: To provide additional funds required to complete a Disaster Recovery Grant funded project, it is necessary to modify a Disaster Recovery Grant Agreement with the Florida Department of Economic Opportunity (DEO) and also modify the associated subrecipient agreement for Goodwill Robert's Center project. Funds originally awarded to Goodwill Industries for the Robert's Center project fall short of the lowest contractor's bid amount. Reallocating funds within the grant agreement will help fund the project's shortfall and increase the amount of project delivery funds for the project. Project delivery activities are tasks performed by Community and Human Services Department staff that directly relate to the project. The amount of allowable project delivery funds are based on the project costs. Completing the Robert's Center project will serve to meet the grant's required National Objective of benefiting low income residents of the Community. The actions needed are described below: Modification to Disaster Recovery Grant Agreement#10DB-D4-09-21-01-K09 • Revises the Program Budget to reflect a reallocation of unspent funds from the Collier County Schools project which is completed to the Goodwill project. • The amount of$5,881.45 will be removed from the completed project and added to the Goodwill Robert's Center project budget. The total amount being allocated is $5,649 for project activities and $232.45 is available for project delivery activities. Amendment to the Subrecipient Agreement with Goodwill Industries of Southwest Florida, Inc. — Robert's Center • Increase construction activities budget by $5,649 • Clarify conflict of interest and monitoring escalation language within the subrecipient agreement • Acknowledge the Department name change from Housing, Human and Veteran Services (HHVS) to Community and Human Services(CHS) To accommodate changes to the Collier/DEO grant agreements, the DEO requires standard modification forms to be approved by the Board for submittal to the DEO. Once the DEO has approved the modification to the grant agreement, the associated Subrecipient Agreement amendment may be executed by the Board Chairman. Packet Page-1543- 12/9/2014 16.D.1 . FISCAL IMPACT: The proposed actions have no new fiscal impact.The funding source for the grants is the Florida Department of Economic Opportunity. Funds are budgeted in the Housing Grants Fund(705), Projects 33104. GROWTH MANAGEMENT IMPACT: Implementation of DRI will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element 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) modifications to Disaster Recovery grant agreement #10DB-D4-09-21-01-K09, 2) associated subrecipient agreement amendment; and 3)associated cover letter to the DEO. Prepared By: Lisa Oien, Grants Coordinator, Community and Human Services Packet Page-1544- Department of Economic Opportunity—Disaster Recovery Initiative 12/9/2014 16.D.1 . Modification to Subg rant Agreement 6/1/2013 MODIFICATION NUMBER 11 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 10DB-D4-09-21-01-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 $ 9,963,208.00 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: I I Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. I Extend Agreement 2. Paragraph 3,Period of Agreement is hereby revised to reflect an ending date of 6/30/2015 Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. X Revise Program Budget and Scope of Work 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. Packet Page-1547- �d Department of Economic Opportunity—Disaster Recovery Initiative 12/9/2014 16.D.1 . Modification to Subgrant Agreement 6/1/2013 Modification Number: 11 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 2 Li 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 Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. I 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. n Other: Packet Page -1548- :j Department of Economic Opportunity—Disaster Recovery Initiative 12/9/2014 16.D.1 . Modification to Subgrant Agreement 6/1/2013 Modification Number: 11 DEO/DCA Contract Number: 10DB-D4-09-21-01-K09 Recipient: Collier County Page 3 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 Ievel specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Development Recipient: Collier County By: By: Name: Robert Dennis Name: Tom Henning Title: Chief, Community Revitalization Title: Chairman, BCC Commissioners Date: Date: ATTF ST: Approved as to form and legality • DWIGHT E. BROCK, Ci @rk Assistant County Attorney ko Packet Page -1549- `�� 12/9/2014 16.D.1. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 6/1/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. 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. 3. 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. 9. 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 hand written. (The person signing the modification must have signature authority) 11. Submit three originals of the modification along with the required supporting documentation. Packet Page -1550- ? 12/9/2014 16.D.1 . 0 a Y • O I N > > co c- ~ 1...- • I I c ZU l p m 1 ro I in I I - °"° N i E T- at CO t CO A- W Ili.CO- U `t I O a- I D i C 0 1 0 U " 1 f 1 ill C co 0 ❑ a) Z m D a) C) CL Cl) W (B Z I- 0 O -- - co J a) I I ' O O 0 n N CO O O - O (O ID G 1- N o r' a) 1- O O O r O O isi • W Z O co V O V O o O n IA N 1` c U n co 0 O O (0 CO (n O C) 10 CO r 2 O t it).. 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ROBERT'S CENTER,HURRICANE HARDENING This Amendment is entered into this day of , 2014, by and between the "Goodwill Industries of Southwest Florida, Inc", a private non-profit corporation existing under the laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County,Florida, hereinafter to be referred to as "COUNTY,"collectively stated as the "Parties." WHEREAS, on April 23, 2013 the Board of County Commissioners approved submittal of modification # 7 for grant agreement #10DB-D4-09-21-01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the execution of an associated subrecipient agreement providing Community CDBG/DRI funds for Hurricane Hardening at The Robert's Center in Immokalee, Florida WHEREAS, on June 25, 2013, the DEO approved modification #7 for grant agreement #10DB-D4-09-21-01-K09 making the associated subrecipient agreement effective on June 25, 2013; WHEREAS, on January 14, 2014, the parties approved an amendment to the subrecipient agreement related to the end date; WHEREAS, on September 23, 2014 the Parties desire to amend line items within the budget; WHEREAS, the parties agree to add additional funds to the agreement, clarify monitoring actions and conflict of interest; NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words Struck—Through are deleted; Words Underlined are added Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 1 of 6 Packet Page-1557- 12/9/2014 16.D.1 . All references contained throughout the agreement to Housing, Human and Veteran Services (HHVS) hereinafter shall read Community and Human Services (CHS). THE SUBRECIPIENT AGREES TO: III. AGREEMENT AMOUNT The COUNTY agrees to make available NINETY ONE THOUSAND DOLLARS ($94,000) NINETY SIX THOUSAND SIX HUNDRED NINE DOLLARS ($96,649) for the use by the SUBRECIPIENT 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"). 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 budget identified for all improvements is as follows: DRI FUNDS NOTE* Activities/items/services may include but not be limited to: Robert's Center,Hurricane Hardening All costs associated with the construction 99$94,649 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects associated $2,000 site plan. Total $-9-1,000$96,649 * * Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 2 of 6 Packet Page -1558- 12/9/2014 16.D.1 . IX. ADMINISTRATIVE REQUIREMENTS Y * K C. REPORTS AND EVALUATIONS (MONITORING) Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, beneficiaries served and performance data on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E)to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS, DEO or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. CORRECTIVE ACTION Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 3 of 6 Packet Page -1559- gvo 12/9/2014 16.D.1. Corrective action plans may be required for noncompliance, nonperformance. or, unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services (HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from HHVS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Department within 15 days following the monitoring visit. o Any pay requests that have been submitted to the Department for payment will be held until the corrective action plan has been submitted. o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Department, the Department may require a portion of the awarded grant amount be returned to the Department. o The County may require upwards of five percent (5%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity may be considered in violation of Resolution No. 2013-228 3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Department of their substantial non-compliance by certified mail; the Department may require a portion of the awarded grant amount or the amount of the CDBC/DRI investment for acquisition of the properties conveyed, be returned to the Department. o The Department may require upwards of ten percent (10%) of the acquisition amount be returned to the Department, at the discretion of the Board of County Commissioners. o The entity will be considered in violation of Resolution No. 2013-228 4. If in the case after repeated notification the Entity continues to be substantially non- compliant, the Department may recommend the contract or award be terminated. Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 4 of 6 Packet Page -1560- 'l�J 12/9/2014 16.D.1 . o The Department will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Department and isfound to be non- compliant, the above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners. X. OTHER PROGRAM REQUIREMENTS Y E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review theproposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 5 of 6 Packet Page-1561- � J 12/9/2014 16.D.1 . that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area._ 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: , Deputy Clerk Tom Henning, Chairman Date: Dated: (SEAL) Goodwill Industries of Southwest Florida, Inc. By: Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida Inc. Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 0-93 0`\�\�'' Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#3 Page 6 of 6 Packet Page -1562- 4 12/9/2014 16.D.1 . December 9, 2014 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 Initiative Contract#10DB-D4-09-21-01-K09 Modification #11 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 activity: • Revise the Budget o Reallocate Public facility funds in the amount of $5,881.45 from service area #5 to service area #10 On September 23, 2014, the enclosed modification was approved by the Board of Collier County Commissioners. Sincerely, Tom Henning Chairman, Board of Commissioners Collier County, Florida Packet Page -1563-