Agenda 04/12/2022 Item #16A22 (Subrecipient Agreement IR031 w/FDEO - Immokalee Eden Gardens Stormwater Improvement)04/12/2022
EXECUTIVE SUMMARY
Recommendation to accept the Subrecipient Agreement IR031 with the Florida Department of
Economic Opportunity (FDEO) for funding in the amount of $602,786.32 from the Community
Development Block Grant-Mitigation (CDBG-MIT) program for the construction of the Immokalee
Eden Gardens Stormwater Improvements (Project number 60143) and authorize all required
Budget Amendments. (Growth Management Fund 711)
OBJECTIVE: To accept the Subrecipient Agreement IR031 with the Florida Division of Economic
Opportunity (FDEO) for funding in the amount of $602,786.32 from the Community Development Block
Grant-Mitigation (CDBG-MIT) program for the construction of the Eden Gardens Stormwater
Improvements.
CONSIDERATIONS: The Community Development Block Grant-Mitigation (CDBG-MIT) program is
provided through FDEO to help communities following a major disaster. Hurricane Irma caused
damaging flooding in Immokalee, and CDBG-MIT funds will be used to construct stormwater
infrastructure improvements to provide flood protection, increase resiliency, and reduce long-term risk.
On October 8, 2019, (Item 16.A.12) the Collier County Board of County Commissioners provided after -
the-fact approval for the submittal of a Community Development Block Grant - Disaster Rebuild (CDBG-
DR) application for Immokalee Stormwater Improvements for $1,165,456.16. The application was
approved for funding in the amount of $602,786.32 for the construction of infrastructure improvements to
the Eden Gardens stormwater conveyance system, and a subrecipient agreement with FDEO is attached
for execution. (Subsequent to this approval, the FDEO changed the grant type to CDBG-MIT.) Proposed
improvements will help alleviate flooding in this low-to-moderate income community.
FISCAL IMPACT: A budget amendment is required to appropriate funding, in the amount of
$602,786.32 within Growth Management Grant Fund 711, Project 60143. The source of funding is the
Community Development Block Grant- Mitigation program. There are no matching funds required. Any
remaining funding for the project will be appropriated in Stormwater Bond Fund (327).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAB
RECOMMENDATION: To accept the Subrecipient Agreement IR031 with the Florida Division of
Economic Opportunity (FDEO) for funding in the amount of $602,786.32 from the Community
Development Block Grant-Mitigation (CDBG-MIT) program for the construction of the Eden Gardens
Stormwater Improvements and authorize all necessary budget amendments.
Prepared By: Joseph F. Delate, PLA, Principal Project Manager, Stormwater, Capital Project Planning,
Impact Fees and Program Management Division
ATTACHMENT(S)
1. CDBG MIT IR031 Eden Gardens Agreement 2 9 2022 (PDF)
16.A.22
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04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22
Doc ID: 21308
Item Summary: Recommendation to accept the Subrecipient Agreement IR031 with the Florida
Department of Economic Opportunity (FDEO) for funding in the amount of $602,786.32 from the
Community Development Block Grant-Mitigation (CDBG-MIT) program for the construction of the
Immokalee Eden Gardens Stormwater Improvements (Project number 60143) and authorize all required
Budget Amendments. (Growth Management Fund 711)
Meeting Date: 04/12/2022
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Nadine Dunham
02/15/2022 7:51 AM
Submitted by:
Title: Director – Public Utilities Planning and Project Management
Name: Matthew McLean
02/15/2022 7:51 AM
Approved By:
Review:
Growth Management Department Lisa Abatemarco Additional Reviewer Completed 02/15/2022 7:58 AM
Parks & Recreation Michelle DAndrea Additional Reviewer Completed 02/15/2022 8:22 AM
Capital Project Planning, Impact Fees, and Program Management Richard Miller Additional Reviewer Completed 02/15/2022 10:29 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/17/2022 10:58 AM
Growth Management Department Gene Shue Additional Reviewer Completed 02/18/2022 10:53 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 02/22/2022 10:31 AM
Facilities Management Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/23/2022 12:24 PM
Growth Management Department Trinity Scott Transportation Completed 02/24/2022 1:48 PM
Grants Valerie Fleming Level 2 Grants Review Completed 02/28/2022 11:47 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2022 12:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2022 2:31 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/01/2022 11:17 AM
Grants Therese Stanley Additional Reviewer Completed 04/04/2022 10:19 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/06/2022 3:00 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
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DocuSign Envelope ID: 707O83AD-C85D-41 FE-A3A5-91B666O19O6C
DEO Agreement No.: IR031 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida, Department of Economic
Opportunity, (hereinafter referred to as "DEO") and Collier County (hereinafter referred to as the
"Subrecipient"), each individually a "Party" and collectively "the Parties."
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional
Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20
Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B,
Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018" ;
and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers,
and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838
(August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for
Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Oanuary
6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of
Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development
Block Grant-Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the
Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.)
and applicable in1plementing regulations at 24 C.F.R. part 570 and consistent with me Appropriations Act.
WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement
constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements
imposed by Federal statutes, regulations and the terms and conditions of DEO's Federal award.
WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this
Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of
the subaward described herein.
\VHEREAS, all CD BG-MIT activities carried out by the Subrecipient will: (1) meet me definition of
mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and
loss of property, and suffering and hardship, by lessening tl1e impact of future disasters; (2) address the current
and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s);
(3)be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative
requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a
Covered Project.
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Packet Pg. 903 Attachment: CDBG MIT IR031 Eden Gardens Agreement 2 9 2022 (21308 : Recommendation to accept the Subrecipient Agreement IR031 with
DocuSign Envelope ID: 707D83AD-C85D-41 FE-A3A5-91B666D19D6C DEO Agreement o.: IR031 NOW THEREFORE, DEO and the Subrecipient agree to the following: (1)SCOPE OF WORKThe Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables.With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate. Provided further, if there is a disagreement between the Parties, with respect to the formatting and contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. (2)INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIESSubrecipient has diligently reviewed tliis Agreement and is a sophisticated organization having experiencemanaging projects with funds made available through federal grants. Subrecipient is fam.ilia.r \\.ith DEO's grant agreement with HUD, bas reviewed applicable CDBG-MIT regulations and gtiidclines, will conduct, and will ensure its activities are in compliance with DEO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations as now in effect and as may be amended from time to time, including but not limited to, the Federal laws and regulations set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I, et seq., and all other applicable federal laws, regulations, and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3)PERIOD OF AGREEMENTThis Agreement is effective as of tl1e date DEO executes this Agreement (the "Effective Date") and endsforty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein. (4)RENEWAL AND EXTENSIONThis Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless theSubrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the Division of Community Development approves such extension in writing (5)MODIFICATION OF AGREEMENTModifications to this Agreement shall be valid only when executed in writing by the Parties. Anymodification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DEO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. (6)RECORDS(a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 -Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards asnow in effect and as may be amended from time to time.(b) Representatives ofDEO, the Chief Financial Officer of the State of Florida, the Auditor Generalof tl1e State of Florida, the Florida Office of Program Policy Analysis and Government Accountability,Page 2 of 56
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Packet Pg. 904 Attachment: CDBG MIT IR031 Eden Gardens Agreement 2 9 2022 (21308 : Recommendation to accept the Subrecipient Agreement IR031 with
DocuSign Envelope ID: 707O83AD-C85D-41FE-A3A5-918666O19O6C DEO Agreement No.: IR031 and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient'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)The Subrecipient shall maintain books, records, and docwnents in accordance with generallyaccepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d)The Subrecipient will provide to DEO all necessary and appropriate financial and complianceaudits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to tl1e auditor. (e)The Subrecipient shall retain sufficient records to show its compliance with the terms of thisAgreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1.Litigation, claim or audit initiated before the six-year period expires or extends beyond thesix-year period, in which case 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 $1,000 or moreat the time of acquisition shall be retained for six (6) years after final disposition. 3.Records relating to real property acquired shall be retained for si..x (6) years after the closingon the transfer of title. (f)The Subrecipient shall maintain all records and supporting docwnentation for the Subrecipientand for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including docwnentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of wor� and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or (ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement. Provided further, that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds, projects or programs. DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, Subparagraph (22)(e), Repayments. (h)The Subrecipient, including all of its employees or agents, contractors, subcontractors andconsultants 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 tl1e Federal government or tl1eir duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (7)AUDIT REQUIREMENTS(a)The Subrecipient shall conduct a single or program-specific audit in accordance with theprovisions of 2 CFR part 200 if it expends seven hundred fifty tl1ousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b)Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, theSubrecipient shall electronically submit a completed Audit Compliance Certification to audit@deo.myflorida.com, and DEO's grant manager; a blank version of which is attached hereto as Page 3 of56
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Packet Pg. 905 Attachment: CDBG MIT IR031 Eden Gardens Agreement 2 9 2022 (21308 : Recommendation to accept the Subrecipient Agreement IR031 with
DocuSign Envelope ID: 707O83AD-C85D-41 FE-A3A5-91B666O19O6C
DEO Agreement No.: IR031
Attachment]. The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.) between DEO and the Subrecipient.
(c)In addition to the submission requirements listed in Attachment I, Audit Requirements, the
Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for chis Agreement
by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant.
(d)Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including
but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions
are applicable to this Agreement. (8)REPORTSSubrecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The
montWy reports and administrative closeout reports must include the current status and progress of
Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and
the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient
shall provide additional program updates or information. \.Vithout limiting any other remedy available to DEO,
if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,
payments may be withheld until the reports are completed to DEO's satisfaction. DEO may also take other
action as stated in Paragraph (13) Remedies or otherwise allowable by law. (9)INSPECTIONS AND MONITORING(a)Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and
will immediately provide access to records and financial statements as deemed necessary by DEO, HUD,
and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR
570.489.
(b)Subrecipient shall cooperate and comply ,vith monitoring of its activities as deemed necessary by
DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes,
regulations, and this Agreement.
(c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring
procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO;
(2)following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site
reviews and other means; and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to Subrecipient from DEO as required by 2 CFR §200.521.
(d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement
actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and
appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the
pass-through entity as detected through audits, on-site reviews and other means. In response to audit
deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and
without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure
future compliance or provide training and technical assistance as needed to correct noncompliance. DEO
may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (10)DUPLICATION OF BENEFITSSubrecipient shall not carry out any of the activities under this Agreement in a manner that results in a
prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 197 4 ( 42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient
must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and
HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Page 4 of 56
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