Backup Documents 02/24/2015 Item #16D7 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6D7
4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Jennifer A. Belpedio, ACA County Attorney Office tbi
2. BCC Office Board of County
Commissioners a ".01
3. Minutes and Records Clerk of Court's Office "1'CC-
v?'"
/5/ ZeZ—t\\�
PRIMARY CONTACT INFORMATION_ `{ 2IZnIts 9:2t ayh
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information. 1)/ /9 SE S-u. ?v'Qis
Name of Primary Staff Phone Nu er
Contact/ Department Lisa Oien 252-6141 /G 0°d 4-- ( coni
Agenda Date Item was Agenda em Number 40 C145
Approved by the BCC 2/24/2015 16D7
Type of Document Grant modification forms—four copies One Number of Original 4 grant modification
Attached for minutes and records and 3 for the DEO Documents Attached documents
. (original signatures needed)One cover 1 cover letters
letter
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (I ial) Applicable)
1. Does the document require the chairman's original signature? tY6
2. Does the document need to be sent to another agency for additional signatures? If yes, f1
CAe
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. dd (, � l
3. Original document has been signed/initialed for legal sufficiency. (All documents to be ��t
signed by the Chairman,with the exception of most letters,must be reviewed and signed.
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's V
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the .,
document or the final negotiated contract date whichever is applicable. 1�
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 17yy '
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on zfry and all changes made during (�
the meeting have been incorporated in the attached document. The County C�(}•�` _
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the = ,a
BCC, all changes directed by the BCC have been made, and the document is ready for the a f
Chairman's signature. +'
I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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,g0 Li 03O30N H3O0a 0030v00Vd 381 01 UNIXIJIV 380138 AdOD SiH1 NOG13H 0NV 11141 1 I
County of Collier 1 6 0 7
CLERK OF THE CIRC IT COURT
COLLIER COUNTY'x OUR1 DOUSE
\�
3315 TAMIAMI TRL E STE 102 Dwight E. Brock-6ierk of Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditorustdian of County Funds
February 27, 2015
Adrian Burgess
Dept. of Economic Opportunity
107 E. Madison St., MSC 400
Tallahassee, FL 32399
Re: Modification #11 to Subgrant Agreement between Collier County and DEO
Mr. Burgess,
I have enclosed four (4) originals of the above referenced document, approved by
the Board of County Commissioners on Tuesday, February 24, 2015. Three of the
orignals are for your records and if you could return one (1) fully executed original
back to me, I would appreciate it. I have enclosed a return envelope for your
convenience.
If you have any questions, please contact me at 239-252-8411.
Thank you,
Teresa Cannon, Senior Deputy Clerk
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com
Gp1uLt 1607
• �*:• •
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning Penny Taylor Tim Nance
District 1 District 2 District 3 District 4 District 5
February 24, 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 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 activities:
Revise the Program Budget
o Reallocate Public facility funds in the amount of $5,881.45 from service
area #5 to service area #10
Revise the Activity Work Plans
o Update allocation amounts on the Work Plans for service area #5 and #10
On February 24, 2015, the enclosed modification was approved by the Board of Collier
County Commissioners.
Sincerely,
—"7 --t"-/64‘6 "
Tim Nance
Chairman, Board of Commissioners
Collier County, Florida
3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602
Department of Economic Opportunity—Disaster Recovery Initiative 1 6 0 7
Modification to Subgrant Agreement 6/1/2013
MODIFICATION NUMBER 11 TO SUBGRANT AGREEMENT BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY ANI)
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 I Extend Agreement
2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of
X 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.
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.
1 6 B
7
Department of Economic Opportunity— Disaster Recovery Initiative
Modification to Subgrant Agreement 6/1/2013
Modification Number: 11
DEO/DCA Contract Number: I ODB-D4-09-21-01-K09
Recipient: Collier County
Page 2
Change in Participating Parties
S. 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.
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.
Li 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:
Department of Economic Opportunity-Disaster Recovery Initiative 1
6 7
Modification to Subgrant Agreement 6/1/ 3
Modification Number: 1 1
DEO/DCA Contract Number: 1 ODB-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 level 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: Tim Nance
Title: Chief, Community Revitalization Title: Chairman, BCC Commissioners
Date: Date: l;i 1'67/5 --
ATTEST: ? ,.: Approved as to form and legality
DWI , .E'..613p Clork
•
tft ''• I
istant Cou • ttorney ,
- . Attest a5 tu.0 taiirnalle
signature cittljt:,
1 6 0 7
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.
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• 13 Memorandum
1 F1OR10P
) s '
To: Minutes and Records
From: Lisa Oien—Grants Coordinator
Date: 4128/2015
Subject: DRI K grant modification#11
Re: Signed by the BCC on 2/24.2015 and the DEO on 4/17/2015
The DRI K grant modification #11 was approved by the Board on 2124/2015 item#16D7
It has now been returned signed by the grantor agency, the DEO
Thank you.
Department of Financial Administration and Housing
Community Development and Environmental Services Division
D ,.,„:7
Et-77
0 7 ..
Rick Scott Jesse Panuccio
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT 4'
ECONOMIC OPPORTUNITY
April 21, 2015
The Honorable Timothy Nance, Chairman
Collier County Board of Commissioners
3299 Tamiami Trail East, Suite 303
Naples, Florida 34112-5746
Re: Florida Community Development Block Grant(CDBG) Program
Disaster Recovery Initiative (DRI)Contract No.: 10DB-D4-09-21-01-K 09
Collier County Disaster Recovery Contract Modification Request 11
Dear Chairman Nance:
A review of the proposed Modification Number 11 to the subgrantee agreement referenced above,
transmitted with your letter dated February 24, 2015, has been completed. The review indicates that
the revised activity work plans, overall program budget and scope of work, and additional requirements
(Audit language and certification), appear to be in accordance with program requirements. The
County's request to extend this grant is approved. The revised contract end date is June 30, 2015. An
approved copy of the fully executed modification is enclosed with this letter. Please retain the
modification in the official Disaster Recovery CDBG subgrantee files.
If you have any questions regarding this matter, please contact Adriane Burgess, Government
Operations Consultant II, at (850) 717-8444, or via email at adriane.burgess@deo.myflorida.com.
Sincerely,
, ‘/Lt //61., /
Xi
Monique H. Kabitzke
Planning Manager
MHK/ab
Enclosure
cc: 'iMs. Lisa Oien, Grants Coordinator, Collier County
Ms. Kim Grant, Director, Housing and Human Services, Collier County
Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399
866.F LA.2345 1850.245.7105 1850.921.3223 Fax
www.floridaiobs.org I Rtw tv,in('r fom(II DFO I www.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TTY/TPD equipment via the Florida Relay Service at 711.
Department of Economic Opportunity—Disaster Recovery Initiative 16 0 7
Modification to Subgrant Agreement 6/1/2013
MODIFICATION NUMBER 11 TO SUBGRANT AGREEMENT BETWEEN "to
THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND
COLLIER COUNTY4,7
This Modification is made and entered into by and between the State of Florida, Department of 0
Economic Opportunity, ("the Department"), and Collier County, ("the Recipient"), to modify DEO/DCA
Contract Number IODB-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:
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
X 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.
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.
Department of Economic Opportunity—Disaster Recovery Initiative
1 6 0 7
Modification to Subgrant Agreement 12/31/2014
Modification Number: 11
DEO/DCA Contract Number: 10DB-D4-09-21-01-K09
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 Attachment 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)
lou ,
6
Department of Economic Opportunity—Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
Modification Number: 11
DEO/DCA Contract Number: 10DB-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-Profit 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.
Department of Economic Opportunity—Disaster Recove ry Initiative 1 il 7 ::Modification to Subgrant Agreement 12/31/2014
Modification Number: 11
DEO/DCA Contract Number: 10DB-D4-09-21-01-K09
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:
d�
(a) Review the Audit Requirements listed in Attachment,Mof this contract. For local
government fiscal years beginning after December 26, 2014, a recipient will not have to have a single
or program-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 Attachmentart 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 compl am.,d Audit Compliance Certification (a version of this certification is
attached hereto as Attachmen audit @deo.myflorida.com. Recipient's timely submittal of one
completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement
Department of Economic Opportunity—Disaster Recovery Initiative 1 b D
Modification to Subgrant Agreement 12/31/2014
Modification Number: 11
DEO/DCA Contract Number: 10DB-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 Funding.
(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
1 607 v
Department of Economic Opportunity—Disaster Recovery Initiative '
Modification to Subgrant Agreement 12/31/2014
Modification Number: 11
DEO/DCA Contract Number: 10DB-D4-09-21-01-K09
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 119.07(1), Florida Statutes. Notice of public records
requests received by the Recipient shall be e-mailed to PRRequest @deo.myflorida.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
1 6 0 7
Department of Economic Opportunity—Disaster Recovery Initiative
Modification to Subgrant Agreement 12/31/2014
Modification Number: 11
DEO/DCA Contract Number: 10DB-D4-09-21-01-K09
Recipient: Collier County
Page 7
subcontractors during the term of the subcontract.
2. E-Verify is an Internet-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.l.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
Department of Economic Opportunity Disaster Recovery Initiative
16 7
Modification to Subgrant Agreement 6/1/2013
Modification Number: 11
DEO/DCA Contract Number: 10DB-D4-09-2l-Ol-K09 cb.,"
Recipient: Collier County ',
Page $alb'
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 f +poi' 1 elopment Recipient: Collier County
By: 1,JBy:
Name: ' o• „A Name: Tim Nance
Title: ° , - - - ' - • - -; Title: Chairman, BCC Commissioners
/4,7
Date: 1—( 167 Date: �
ATTEST: c Approved as to form and legality
Dull •` E,,B09 KH Clerk
sststant Cou • ttorney ��5
=> Attest as to Chairrnan's_ 2\�
signature lY, Approved as to form and legal
sufficiency,subject only to full and
proper execution by the parties
Moor the General Counsel
Department of Economic Opportunity
Approved Date:, 3-7:1-1 (37
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16D7
Attachment L
Audit Requirements
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by
DEO staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By
entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the recipient is appropriate,
the recipient agrees to comply with any additional instructions provided by DEO staff to the recipient regarding such
audit.The recipient further agrees to comply and cooperate with any inspections,reviews, investigations,or audits
deemed necessary by the Chief Financial Officer(CFO)or Auditor General.
Audits
Part I: Federally Funded
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133,as revised.
1. In the event that the recipient expends $300,000($500,000 for fiscal years ending after December 31,
2003)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 1 to this agreement indicates Federal
resources awarded through DEO by this agreement. In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from DEO. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-133,as revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133,as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised.
3. If the recipient expends less than$300,000($500,000 for fiscal years ending after December 31,2003)
in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of OMB Circular A-133,as
revised, is not required. In the event that the recipient expends less than$300,000($500,000 for fiscal years ending
after December 31,2003)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources(i.e.,
the cost of such an audit must be paid from the recipient resources obtained from other than Federal entities).
4. Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for-profit sub recipients,
in the case of Federal funding provided by the U.S.Department of Health and Human Services, Circular A-133 does
apply. See 45 C.F.R. 74.26 for further details.
5. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.ceps us.gov/sac/sainfo.html
Part II: State Funded
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess
of$500,000 in any fiscal year of such recipient(for fiscal years ending September 30,2004 or thereafter),the recipient
must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.;
1607
applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state
financial assistance awarded through DEO by this agreement. In determining the state fmancial assistance expended
in its fiscal year,the recipient shall consider all sources of state fmancial assistance,including state financial assistance
received from DEO, other state agencies, and other non-state entities. State fmancial assistance does not include
Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure
that the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by section 215.97(2),Florida Statutes,and Chapters 10.550(local governmental
entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year(for fiscal years
ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of section 215.97,
Florida Statutes,is not required. In the event that the recipient expends less than$500,000 in state financial assistance
in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S.,the
cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from
the recipient's resources obtained from other than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.myflorida.com/fsaa/statutes.html.
Part III: Other Audit Requirements
N/A
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,
and required by Part I of this agreement shall be submitted,when required by Section.320(d),OMB Circular A-133,
as revised,by or on behalf of the recipient directly to each of the following at the address indicated:
A. DEO at each of the following addresses:
Electronic copies(preferred): AuditAdeo.myflorida.com
or
Paper(hard copy):
Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee,Fl.32399-4126
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1)and(2),OMB Circular A-133,as revised, should be submitted to the Federal
Audit Clearinghouse)at the following address:
http://hary ester.census.gov/fac/collect/ddeindex.html
2. Pursuant to Section .320 (1),OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised and any management letter issued
by the auditor,to DEO at each of the following addresses:
Electronic copies(preferred): AuditAdeo.myflorida.com
or
1
07
Paper(hard copy):
Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee,Fl.32399-4126
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or
on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies(preferred): Audit @deo.myflorida.com
or
Paper(hard copy):
Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee,Fl. 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,FL 32399-1450
Email Address: flaudgen_localgovt @,aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be submitted by
or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports,management letter, or other information required to be submitted to DEO pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
6. Recipients, when submitting fmancial reporting packages to DEO for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit
organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the
recipient in correspondence accompanying the reporting package.
1 6 0 7
Part V: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5)years from the date the audit report is issued, or five(5)state fiscal years after all
reporting requirements are satisfied and fmal payments have been received, whichever period is longer, and shall
allow DEO,or its designee,CFO,or Auditor General access to such records upon request. In addition,if any litigation,
claim,negotiation,audit,or other action involving the records has been started prior to the expiration of the controlling
period as identified above, the records shall be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the controlling period as identified above, whichever is longer. The recipient
shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon
request for a period of five(5)years from the date the audit report is issued,unless extended in writing by DEO.
1607
Attachment M
Audit Compliance Certification
1607
Audit Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was
open to audit @deo.myflorida.com.
Recipient:
FEIN: Recipient's Fiscal Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Recipient expend state financial assistance, during its fiscal year, that it received under
any agreement (e.g., contract,grant,memorandum of agreement,memorandum of
understanding, economic incentive award agreement, etc.) between the Recipient and the
Department of Economic Opportunity (DEO)? ❑Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did the Recipient expend$500,000 or more of state financial assistance (from DEO and all
other sources of state financial assistance combined) during its fiscal year? El Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable state single
or project-specific audit requirements of section 215.97, Florida Statutes, and the
applicable rules of the Department of Financial Services and the Auditor General.
2. Did the Recipient expend federal awards, during its fiscal year, that it received under any
agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding,
economic incentive award agreement, etc.) between the Recipient and DEO? ❑ Yes ❑
No
If the above answer is yes, also answer the following before proceeding to execution of this
certification:
Did the Recipient expend$500,000 or more in federal awards (from DEO and all other
sources of federal awards combined) during its fiscal year? [' Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable single or
program-specific audit requirements of OMB Circular A-133, as revised.
By signing below, I certify, on behalf of the Recipient, that the above representations for
items 1 and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative