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Agenda 04/28/2015 Item #16D13 4/28/2015 16.D.13. EXECUTIVE SUMMARY Recommendation to approve four Modifications to Disaster Recovery Initiative and Recovery Enhancement Fund Grant Agreements for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity and approve four associated amendments to subrecipient agreements. OBJECTIVE: To mitigate the impact of natural disasters in low-income neighborhoods through the use of grant funds. CONSIDERATIONS: Collier County has four Disaster Recovery/Enhancement Fund Grant agreements with the Florida Department of Economic Opportunity (DEO). Each of these grants agreements requires modification. These Disaster Recovery grant agreements allocate funds to specific hurricane hardening and mitigation projects. To accommodate expending all the funds in each grant agreement, the terms within each agreement need to be modified to match the deadline issued by the DEO for project completion. Below is a chart of the grant agreements presented for modification. BCC Approval Agenda Grant Name Grant Agreement Date Item Disaster Recovery Initiative(DRI Z) 07DB-3V-09-21-01-Z01 23-May-07 10.L. Disaster Recovery Initiative(DRI A) 08DB-D3-09-21-01-A03 14-May-08 16.D.17. Disaster Recovery Initiative(DRI K) l ODB-D4-09-21-01-K09 25-May-10 16.D.10. Disaster Recovery Enhancement Fund(DREF) 12-DB-P5-09-21-01-K39 24-Jan-12 16.D.2. Time extensions for these grants are not due to subrecipient delays but rather to accommodate the time required by the state for their oversight and approvals during various stages of each project. These are expected to be the last Disaster Recovery Initiative and Recovery Enhancement fund modifications as the state will allow no expenditures with these grants beyond September 1,2015. Below are the tasks to be accomplished with each grant modification: (1) Modification No. 12 to the DRI "Z" grant • Extend the end date from June 30, 2015 to August 31, 2015. • Revise activity work plan for the Hatchers Preserve project(only open project). • Add audit language and certifications as provided by the DEO. (2) Modification No. 10 to the DRI"A" grant • Extend the end date from June 30, 2015 to August 31, 2015. • Revise activity work plan for the Hatchers Preserve project(only open project). • Add audit language and certifications as provided by the DEO. (3) Modification No. 12 to the DRI"K"grant • Extend the end date from June 30, 2015 to August 31, 2015. Packet Page -1672- 4/28/2015 16.D.13. • Revise activity work plans for all open projects or cancelled project(s) from which we are reallocating funds. • Add audit language and certifications as provided by the DEO. • On July 8, 2014, the Board approved the assignment of ownership, management and rehabilitation responsibilities of the Gilchrist Apartments to NR Contractors (16D9). The funds originally allocated for Collier County to hurricane harden the Gilchrist Apartments are currently available for reallocation to other projects within the grant. Three other projects funded with the grant have a defined or anticipated shortfall of funds. Most funds originally assigned to the Gilchrist Apartments project will be reassigned; the remainder will be de- obligated at time of grant close out. Grant modification documents and the associated subrecipient agreements will be amended to reflect the budget changes. The details are below. Project Action Current Reallocated New Current Subrecipient Grant budget Grant Grant subrecipient agreement Amount Budget agreement amount as amount amended* Goodwill Grant $101,381.45 $5,705.70 $107,087.15 $96,649.00 $102,083.00 Industries of modification, Southwest FL. Subrecipient Inc. agreement The Roberts amendment Center Bayshore CRA Grant $161,350.15 $125,132.70 $286,482.85 $154,120.00 $273,294.00 Karen Drive modification, Subrecipient agreement amendment Bayshore CRA Grant $59,204.65 $43,564.50 $102,769.15 $56,560.00 $98,050.00 Pineland modification, Avenue Subrecipient agreement amendment Gilchrist Grant $210.000.00 $(174,402.90) $35,597.10 Not applicable Not applicable Apartments Modification remains deobligated Note: The difference between the amounts of the grant funds budgeted for each project and the amount of the corresponding subrecipient agreement is the amount of project delivery funds available. (4) Modification No. 5 to the DREF grant • Extend the end date from June 30, 2015 to August 31, 2015. • Revise activity work plans for all open projects or cancelled project(s) from which we are reallocating funds. • Add audit language and certifications as provided by the DEO. • On May 28, 2013, the Board approved the termination of a subrecipient agreement for the Bromelia Place project in Immokalee (16D1). Funds originally allocated to the Bromelia project are currently available for reallocation to other projects within the grant. Two other projects funded with the grant have a defined or anticipated shortfall of funds. Funds originally assigned to the Bromelia project will be reassigned to those two projects. Grant modification documents and the associated subrecipient agreements will be amended to reflect the budget changes. The details are below. Packet Page-1673- 4/28/2015 1 6.D.13. Project Action Current I Reallocated New Current Subrecipient Grant budget Grant Grant subrecipient agreement Amount Budget agreement amount as amount amended* Immokalee Grant $2,748,812.42 $28,223.06 $2,777,035.48 $2,645,694.50 $2,675,092.95 CRA- modification Stormwater Subrecipient agreement amendment City Of Naples Grant $59,360.00 $139,997.43 $199,357.43 $56,000.00 Amount remains Stormwater modification the same at this GWCA area time Bromelia Place Grant $168,220.49 $(168,220.49) $0.00 Not applicable Not applicable Modification *Note: The difference between the amounts of the grant funds budgeted for each project and the amount of the corresponding subrecipient agreement is the amount of project delivery funds available. To accommodate changes to the Collier/DEO grant agreements, the DEO provides specific modification forms to be approved by the Board for submittal to the DEO. These forms provide an update for project work plans, accomplishments, period of agreement, budgets and beneficiaries. Once the DEO has approved the modifications to the grant agreements, the associated subrecipient agreement amendments may be executed by the Board and CRA Board chairman as applicable. FISCAL IMPACT: Z Grant: The proposed action has no new fiscal impact. The funding source for the grant is DEO and ad valorem funds. Funds are budgeted within Urban Improvement Grants (121), Project 34540 and Collier County Seniors(123), Project 32001. A Grant: The proposed action has no new fiscal impact. The funding source for the grant is DEO and ad valorem funds. Funds are budgeted within Urban Improvement Grants (121), Project 34540 and Collier County Seniors (123), Project 32001. K Grant: The proposed action has no new fiscal impact. The funding source for the grant is DEO and ad valorem funds. Funds are budgeted within Housing Grants (705), Project 33104, and Collier County Seniors (123), Project 32001. Unallocated funds in the amount of $174,402.90 will be dedicated to current projects or deobligated at grant close out. DREF Grant: The proposed action has no new fiscal impact. The funding source for the grant is DEO and ad valorem funds. Funds are budgeted within Housing Grants(705), Project 33191, and Collier County Seniors(123),Project 32001. Unallocated funds in the amount of$168,220.49 will be dedicated to current projects. GROWTH MANAGEMENT IMPACT: Implementation of DRI and DREF will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: Once the DEO has approved the modifications to the grant agreements, the associated subrecipient amendments may be executed by the Board Chairman. This item is approved as to form and legality and requires a majority vote for Board action— RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign: 1)Four modifications to the Disaster Recovery Initiative(DRI) and Disaster Recovery Packet Page-1674- 4/28/2015 16.D.13. Enhancement Fund grant agreements, 2) Four associated subrecipient agreement amendments and 3) the associated cover letters to the DEO. Prepared By: Lisa Oien, Grants Coordinator, Community and Human Services Division Attachments: Four grant modifications, four cover letters and four subrecipient agreement amendments; Original back up information due to the size of the original agreements and all prior modifications, which is 36.5 MX and 633 pages long, it is accessible at: http://www.colliergov.net/ftp/AgendaApri12815/PubServices/l 6D1 SOriginalbackupinformation.pdf Packet Page-1675- 4/28/2015 16.D.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.13. Item Summary: Recommendation to approve four Modifications to Disaster Recovery Initiative and Recovery Enhancement Fund Grant Agreements for disaster relief and long term recovery or mitigation with the Florida Department of Economic Opportunity and approve four associated amendments to subrecipient agreements. Meeting Date: 4/28/2015 Prepared By Name: OienLisa Title: Grants Coordinator, Community&Human Services 4/3/2015 6:08:04 PM Submitted by Title: Grants Coordinator, Community&Human Services Name: OienLisa 4/3/2015 6:08:05 PM Approved By Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 4/9/2015 9:30:21 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 4/9/2015 11:33:52 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 4/9/2015 2:19:30 PM Name: KushiEdmond Title: Accountant, Community &Human Services Date: 4/9/2015 3:22:23 PM Packet Page-1676- 4/28/2015 16.D.13. Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Community&Human Services Date: 4/10/2015 11:21:22 AM Name: CarneliSteve Title: Department Head-Public Services,Public Services Department Date: 4/14/2015 9:38:26 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/14/2015 2:20:08 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 4/14/2015 3:02:48 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2015 4:01:36 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 4/15/2015 2:33:43 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/16/2015 2:56:46 PM Packet Page-1677- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 MODIFICATION NUMBER 12 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 07DB-3V-09-21-01-Z01, award dated June 20, 2007 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $2,339,882,00 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 8/31/2015. ® 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 3, 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. Packet Page-1678- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3V-09-21-01-Z01 Recipient: Collier County Page 2 n 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) Packet Page -1679- Department of Economic Opportunity—Disaster Recovery Initiative 4/28/2015 16.D.13. Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3V-09-21-01-Z01 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. Packet Page-1680- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12!31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3 V-09-21-01-Z01 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 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 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 Packet Page-1681- 4/28/2015 16.D.13. Department of Economic Opportunity-Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3 V-09-21-01-Z01 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 CRY 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 Packet Page -1682- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Su bgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3V-09-21-01-Z01 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 team; 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 Packet Page-1683- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3V-09-21-01-Z01 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 1-9, 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.1.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 Packet Page -1684- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: 07DB-3 V-09-21-01-ZO 1 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 Recipient: Collier County By: By: Name: William B. Killingsworth Name: Tim Nance Title: Director Title: Chairman, BCC Commissioners Division of Community Development Date: Date: E.. BROCA. Meal Approved as to form and legality Assistant County Attorney ;C.- Packet Page -1685- 4/28/2015 16.D.13. 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-I33 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 I 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 1,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.census.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.; Packet Page-1686- 4/28/2015 16.D.13. 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 I to this agreement indicates state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from DEO, other state agencies, and other non-state entities. State financial 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 I1, 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.mvflorida.com/fsaa/statutes.htnnl, 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-I33, 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): Audit@a,deo.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-I33,as revised,should be submitted to the Federal Audit Clearinghouse)at the following address: http://harvester.census.aov/fac/collect/ddeindex.html 2. Pursuant to Section.320(f),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): Audit@deo.mvflorida.com or Packet Page-1687- - 4/28/2015 16.D.13. 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 I1 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.myfiorida.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 Iocalgovt@n,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 financial 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. Packet Page -1688- 4/28/2015 16.D.13. fart 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 final 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 oldie 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. Packet Page-1689- 4/28/2015 16.D.13. Attachment M Audit Compliance Certification Packet Page -1690- 4/28/2015 16.D.13. Audit Compliance Certification Email a copy of this corm within 60 days of the end of each fiscal year in which this subgrant was open to audit @deo.anyiIbaida.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$500,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? • C Yes. 11 No If yes,the Recipient certifies that it will timely comply with all applicable state single or project-specific audit requirements of section 215.97,Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Recipient expend federal awards, during its fiscal year, that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement, etc.) between the Recipient and DEO? f] Yes fl No If the above answer is yes,also answer the following before proceeding to execution of this certification: Did the Recipient expend$'500,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑Yes E 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 Packet Page -1691- 4/28/2015 16.D.13. 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Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 MODIFICATION NUMBER 19 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 08DB-D3-09-21-01-A03, award dated May 14, 2008 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $2,814,698.15 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 Ilousing 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. Z Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 8/31/2015. 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 3, 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. c Packet Page -1697- . 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 10 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 Recipient: Collier County Page 2 n 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. n 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. 7 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) Packet Page -1698- : ? Department of Economic Opportunity—Disaster Recovery Initiative 4/28/2015 16.D.13. Modification to Subgrant Agreement 12/31/2014 Modification Number: 10 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 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. Packet Page-1699- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 10 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 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 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 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 Packet Page-1700- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 10 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 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 Packet Page -1701- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 ... .. .. ..... Modification Number: 10 DEO/DCA Contract Number: 08DB-D3-09-21-01-A03 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 Packet Page -1702- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/3112014 Modification Number: 10 DEO/DCA Contract Number: 08D13-D3-09-21-01-A03 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 detennine 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 Packet Page -1703- J, 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 10 DEO/DCA Contract Number: O8DB-D3-09-21-01-A03 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 Recipient: Collier County By: By: Name: William B. Killingsworth Name: Tim Nance Title: Director Title: Chairman, BCC Commissioners Division of Community Development Date: Date: ATTEST: DWIGHT E. BROOK K Clerk y: ,• Approved as to form and legality Assistant County Attorney 'ma y \ 1,1L' Packet Page-1704- 4/28/2015 16.D.13. 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-I33 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,Iimited scope audits as defined by OMB Circular A-I 33,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 1: 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-I 33 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: httn://harvester.census.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. I. 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.; Packet Page-1705- 4/28/2015 16.D.13. 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 I to this agreement indicates state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from DEO, other state agencies, and other non-state entities. State financial 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 I1,paragraph I, 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.comifsaa/statutes.html. Part III: Other Audit Requirements N/A Part IV: Report Submission I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33,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): 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 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:l/harvester.census.R ov/fac/co llectiddeindex,htmI 2. Pursuant to Section.320 (f),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): Audit@deo.myflorida.com or • Packet Page-1706- 4/28/2015 16.D.13. Paper(hard copy): Department Economic Opportunity MSC ti 130,Caldwell Building 107 East Madison Street Tallahassee,Fl.32399-4126 3. Copies of financial reporting packages required by PART I1 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 @dea.myflorida.com or Paper(hard copy): Department Economic Opportunity MSC# I30,Caldwell Building 107 East Madison Street Tallahassee,Fl.32399-4126 13. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 11 l West Madison Street Tallahassee,FL 32399-1450 Email Address: flaudgen Iocalgovtna.aud.state.II.us 4. Copies of reports or the management letter required by Part Ill 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 financial 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. Packet Page -1707- 4/28/2015 16.D.13. Part%': Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the teams 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 final 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. Packet Page -1708- 4/28/2015 16.D.13. Attachment M Audit Compliance Certification Packet Page-1709- 4/28/2015 16.D.13. 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.rnyltbrida.corn. 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? ❑ 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? (l 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 L No If yes,the Recipient certifies that it will timely comply with all applicable single or program-specific audit requirements of OMB Circular A-933, 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 Packet Page-1710- 4/28/2015 16.D.13. 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Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 MODIFICATION NUMBER 12 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: '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 8/31/2015. ® 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 3, Activity Work Plan section, which is attached hereto and incorporated herein by reference. PI 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. B Packet Page-1714- ,-' 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: IODB-D4-09-21-O1-K09 Recipient: Collier County Page 2 n 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. (1 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) Packet Page -1715- P„ Department of Economic Opportunity—Disaster Recovery Initiative 4/28/2015 16.D.13. Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 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. Packet Page-1716- 4/28/2015 16.D.13. Department of Economic Opportunity-Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 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: (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 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 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 Packet Page-1717- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12131/2014 Modification Number: 12 DEO/DCA Contract Number: l ODB-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 Packet Page-1718- 4/28/2015 16.D.13. Department of Economic Opportunity-Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 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 -r . Packet Page -1719- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 1.2 DEO/DCA Contract Number: l 0DB-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.1.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 Packet Page -1720- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 12 DEO/DCA Contract Number: IODB-D4-09-21-O1-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 Recipient: Collier County By: By: Name: William B. Killingsworth Name: Tim Nance Title: Director Title: Chairman, BCC Commissioners Division of Community Development Date: Date: E. BROCK, Clerk Approved as to form and legality Assistant County Attorney Packet Page-1721- 4/28/2015 16.D.13. 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-I33 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-I 33,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 DEC. 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 1,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.census.gov/sac/sainfoltml Part II: State Funded This part is applicable if the recipient is a non-state entity as defined by Section 2 1 5.97(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.; Packet Page -1722- �( � 4/28/2015 16.D.13. 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 financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from DEO, other state agencies, and other non-state entities. State financial 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 Il, 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.mvflorida.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): Audit(a,deo.myflorida.com ar 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-l33,as revised,should be submitted to the Federal Audit Clearinghouse)at the following address: http://harvester.census.gov/fac/collect/ddeindex.html 2. Pursuant to Section.320(f), 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): Auditdeo.myflorida.com or Packet Page-1723- �. ;i 4/28/2015 16.D.13. 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 1I 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: flaudaen localgovt(n?,aud.state.fl.us 4. Copies of reports or the management letter required by Part 1I1 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 financial 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. Packet Page -1724- 4/28/2015 16.D.13. 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 final 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. Packet Page -1725- 4/28/2015 16.D.13. Attachment M Audit Compliance Certification Packet Page -1726- 4/28/2015 16.D.13. 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 auditgdeo.myt7orida.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? C 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? n Yes I 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 C 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 ( '5 Packet Page -1727- 4/28/2015 16.D.13. a W I - - > o H U O zm ill 0 0 O 0) co N 1- *t LO 0) c- W CO U c- U O 0 N co N ,- C 0 N O 0 H w co it n z 0 co E .2 °4 w a) C) NY a) w m O ° 2 > m o O U) U) N M o o •Q O a) in O N I- N O N 0 CO N- O O O r co O @ Z O O CO ' N- U) O (C) U) N rn co 'V U j CO O 0 CO (O N U) 0 M 0[) M 0 t0 O r CD CO CO O r U) O 0 N a, O (O V 0) CO M O r> O (D M M CO N Li n < N o N 03 Ch CO et CO U) V N V N N N U) CO 0) .p tx1' 0 r L6 e- M fie- N) co 0) Cl. 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Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 MODIFICATION NUMBER 5 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 12DB-P5-09-21-01-K39, award dated March 7, 2012 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $3,335,131.91 to Recipient under the Disaster Recovery Initiative Program ("DRI") and/or Disaster Recovery Enhancement Funds program (DREF) 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: fReinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. N Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of 8/31/2015. Fl Revise Activity Work Plan 3. The Attachment I, 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. 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-1744- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Numbcr: 12DB-P5-09-21-01-K39 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. n 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 S. 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. M Other: Additional Contract Requirements (Audit Language and Certifications) Packet Page-1745- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subg rant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Number: 1.2DB-P5-09-21-01-K39 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. Packet Page -1746- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 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 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 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 Packet Page -1747- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery initiative Modification to Subg rant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 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 I, : Audit Requirement Attachment lvi : 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 Packet Page -1748- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Number: 12DB-P5-09-21-01-1(39 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 Packet Page-1749- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 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 1-9, 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.1.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 Packet Page -1750- 4/28/2015 16.D.13. Department of Economic Opportunity—Disaster Recovery Initiative Modification to Subgrant Agreement 12/31/2014 Modification Number: 5 DEO/DCA Contract Number: 12DB-P5-09-21-01-K39 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 Recipient: Collier County By: By: Name: William B. Killingsworth Name: Tim Nance Title: Director Title: Chairman, BCC Commissioners Division of Community Development Date: Date: • °° E. OCK i s°i Approved as to form and legality Assistant County Attorney Packet Page -1751- 4/28/2015 16.D.13. 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-333 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 1,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://barvestencensus.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 fmancial 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.; Packet Page -1752- 4/28/2015 16.D.13. 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 I to this agreement indicates state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from DEO, other state agencies, and other non-state entities. State financial 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 11, 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,myforida.corn/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): Audit(aideo.myfiorida.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://harvester.census.gov/fac/collect/ddeindex.html 2. Pursuant to Section.320 (f), 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): Audit@deo.myflorida.com or Packet Page -1753- 4/28/2015 16.D.13. 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 11 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 I l l West Madison Street Tallahassee,FL 32399-1450 Email Address: flaudnen iocalgovt(a,aud.state.tLus 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 financial 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. Packet Page -1754- 4/28/2015 16.D.13. Part V: Record Retention I. 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 final 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. • Packet Page-1755- 4/28/2015 16.D.13. Attachment M Audit Compliance Certification Packet Page-1756- 4/28/2015 16.D.13. Audit Compliance Certification Email a copy of this form within 60 days of the end ofeach fiscal year in which this subgran t was open to audit @deo.rnyforida.corn. 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)? n 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? C Yes, n 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? n 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? n Yes I ( 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 Packet Page-1757- 4/28/2015 16.D.13. - _ z co c 0 0 ;, �. 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April 28, 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#07DB-3V-09-21-01-Z01 Modification #12 Dear Mr. Burgess: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#07DB-3V-09-21-01-Z01. The requested change 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: • Extend the grant Agreement until August 31, 2015 • Revise the activity work plan for Service area #2 • Add audit language and certifications as provided by the DEO The enclosed modification was approved by the Collier County Board of Commissioners on April 28, 2015. Sincerely, Tim Nance Chairman, Board of Commissioners Collier County, Florida r`. ,'iovcd as to form and legality Assistant County Attorney j• Packet Page -1765- 4/28/2015 16.D.13. April 28, 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#08DB-D3-09-21-01-A03 Modification#10 Dear Mr. Burgess: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#08DB-D3-09-21-01-A03. The requested change 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: • Extend the grant Agreement until August 31, 2015 • Revise the activity work plan for Service area #7 • Add audit language and certifications as provided by the DEO The enclosed modification was approved by the Collier County Board of Commissioners on April 28, 2015. Sincerely, Tim Nance l 1 ., d a, t.o total and legality Chairman, Board of Commissioners Collier County, Florida A:,sisIant County Attorney Packet Page-1766- 4/28/2015 16.D.13. April 28, 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 #12 Dear Mr. Burgess: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#10DB-D4-09-21-01-1<09. 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: • Extend the Agreement o Through August 31, 2015 • Revise the Program Budget o Reallocate funds among service areas • Revise the Activity Work Plan • Add audit language and certifications as provided by the DEO On April 28, 2015, the enclosed modification was approved by the Board of Collier County Commissioners. Sincerely, Tim Nance Chairman, Board of Commissioners ., ; �u form and legality Collier County, Florida tY �.lssistant County Attorney Packet Page-1767- 4/28/2015 16.D.13. April 28, 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 #12DB-P5-09-21-01-K39 Modification #5 Dear Mr. Burgess: Please accept this modification to Collier County's Disaster Recovery Initiative grant agreement#12DB-P5-09-21-01-K39. 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: • Extend the Agreement o Through August 31, 2015 • Revise the Program Budget o Reallocate funds among service areas • Revise the Activity Work Plan • Add audit language and certifications as provided by the DEO On April 28, 2015, the enclosed modification was approved by the Board of Collier County Commissioners. Sincerely, Tim Nance Chairman, Board of Commissioners Collier County, Florida Approved as to form and legality Assistant County Attorney 4>� l-i L� \ Packet Page-1768- 4/28/2015 16.D.13. Grant# 10DB-D4-09-21-01-K09 CFDA/CSFA# - 14.228 Subrecipient— Goodwill Industries of Southwest Florida, Inc. DUNS #-152823662 FEID#- 59-6196141 FY End-12/31 Monitor End: 2.0492020 FOURTH AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. ROBERT'S CENTER, HURRICANE HARDENING This Amendment is entered into this 28th day of April, 2015, by and between the "Goodwill Industries of Southwest Florida, Inc.", a private non-profit corporation existing under the laws of the State of Florida, hereinafter 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, item 16D9, 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, 16D9, the Board of County Commissioners approved an amendment to the subreeipient agreement related to the end date WHEREAS, on September 23, 2014, 16D21, the of Board of County Commissioners approved an amendment to the subrecipient agreement to amend line items within the budget WHEREAS, on December 9, 2014, 16D1, the Board of County Commissioners approved an amendment to add additional funds, clarify monitoring action and conflict of interest WHEREAS,the parties agree to add additional funds to the agreement NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center, Hurricane Hardening Contract Amendment#4 Page 1 of 5 Packet Page-1769- 4/28/2015 16.D.13. Words Struck-Through are deleted; Words Underlined are added THE SUBRECIPIENT AGREES TO: * * * III. AGREEMENT AMOUNT The COUNTY agrees to make available :. ' . - ! -- .. I e ° ! e _ _ ' . : : I ONE HUNDRED TWO THOUSAND EIGHTY THREE DOLLARS ($102,083) 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 $94,649$100,083 activities for a generator installation and roof replacement and the production of an Environmental Review/Assessment for the project. Engineering activities for the projects $2,000 associated site plan. Total $96,619$102,083 * * * Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 2 of 5 Packet Page-1770- 4/28/2015 16.D.13. Exhibit"B" is hereby deleted and replaced as attached EXHIBIT "B" Community and Human Services REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Goodwill Industries of Southwest Florida, Inc. Sub recipient Address: 4940 Bayline Drive,North Ft. Myers, Fl. 33917 Project Name: Robert's Center, Hurricane Hardening Project No: DRI 08-10 Payment Request# Total Payment: Period of Availability: 4/23/2013 through 8/31/2015 or as modified by grant#IODB-D4-09-21- 01-I(09 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $102,083 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center, Hurricane Hardening Contract Amendment#4 Page 3 of 5 Packet Page -1771- J 4/28/2015 16.D.13. I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required $15,000 and above) (approval required $15,000 and above) SIGNATURE PAGE TO FOLLOW Goodwill Industries of Southwest Florida,Inc. DRI 08-10 Robert's Center, Hurricane Hardening Contract Amendment#4 Page 4 of 5 Packet Page-1772- 4/28/2015 16.D.13. 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 Tim Nance, Chairman Date: Dated: (SEAL) ATTEST: Goodwill Industries of Southwest Florida, Inc. DWIGHT E. BROCK, CLERK , Deputy Clerk By: Fred Richards, V. P. of CDS Goodwill Industries of Southwest Florida, Dated: Inc. (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney )2 Goodwill Industries of Southwest Florida, Inc. DRI 08-10 Robert's Center,Hurricane Hardening Contract Amendment#4 Page 5 of 5 Packet Page-1773- 4/28/2015 16.D.13. Grant#10DB-D4-09-21-01-K09 CFDA/CSFA# 14.228 Subrecipient—Bayshore Gateway Triangle community Redevelopment Agency DUNS #- 76997790 FETIFEIN#- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/20192020 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY—BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY KAREN DRIVE DRAINAGE IMPROVEMENTS This Amendment is entered into this 28th day of April, 2015, by and between the "Collier County Community Redevelopment Agency - Bayshore Gateway Triangle Area (CRA)." a community redevelopment agency approved by the Board of Collier County Commissioners hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the "Parties." WHEREAS, on May 27, 2014 item 16D16, the Board of County Commissioners approved modification #9 to Disaster Recovery Initiative grant agreement #10DB-D4-09-21- 01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the associated subrecipient agreement between Bayshore Gateway Triangle Community Redevelopment Agency and the County to construct Karen Drive drainage improvements WHEREAS, the Parties desire to amend the Agreement for the Karen Drive drainage improvements to increase the amount of funds 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 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 Page 1 of 5 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Contract Amendment 41 Packet Page -1774- 4/28/2015 16.D.13. PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS)Community and Human Services (CHS), to perform the tasks necessary to conduct the program as follows: HHVSCHS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of $4-5471-20,00 $273,294.00 to the Bayshore CRA to fund construction of Drainage Improvements. 1.1 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and costs of permits $4-4270-5-3,00 necessary to make drainage improvements in the Karen Drive area $260,227.00 located in Naples, Florida. Project Component 2: The cost of the HUD required Environmental $275-5-0,00 Assessment. $3,550.00 Project Component 3: The cost of Construction Engineering Inspections $9,517.00 (CEI)Services Total: $154,120.00 $273,294.00 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available e • • - - - • . • • • • e ' • - • • • , • • ! ! ! Two Hundred Seventy Three Thousand Two Hundred Ninety Four Dollars and No Cents ($273,294.00) 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"). Page 2 of 5 Bayshore Gateway Triangle Area CRA DRI O8-11 Karen Drive,Drainage Improvements Contract Amendment#1 Packet Page -1775- `.) 4/28/2015 16.D.13. Schedule "B" is hereby deleted and replaced as attached EXHIBIT `B" COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Bayshore Gateway Triangle CRA Sub recipient Address: 3570 Bayshore Drive, Unit 102 Naples, Fl. 34112 Project Name: Karen Drive, Drainage Improvements Project No: DRI 08-11 Payment Request# Total Payment minus Retainage: Period of Availability: 7/15/2014 through 8/31/2015 or as modified by grant# 10DB-D4-09- 21-01-1(09 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ $273,294.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. 10%Retainage Withheld $ 7. Payment amount for this request $ Page 3 of 5 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Contract Amendment#1 Packet Page-1776- 4/28/2015 16.D.13. 8. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests, including $ retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required $15,000 and above) (approval required $15,000 and above) SIGNATURE PAGE TO FOLLOW Page 4 of 5 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive, Drainage Improvements Contract Amendment 111 Packet Page-1777- 4/28/2015 16.D.13. 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 Tim Nance, Chairman Dated: Date: (SEAL) ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, CLERK REDEVELOPMENT AGENCY BAYSHORE GATEWAY TRIANGLE CRA Deputy Clerk By: Donna Fiala, Chairman Dated: Collier County Community (SEAL) Redevelopment Agency Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Page 5 of 5 Bayshore Gateway Triangle Area CRA DRI 08-11 Karen Drive,Drainage Improvements Contract Amendment#1 Packet Page-1778- 4/28/2015 16.D.13. Grant#10DB-D4-09-21-01-K09 CFDAJCSFA# 14.228 Subrecipient—Bayshore Gateway Triangle community Redevelopment Agency DUNS #- 76997790 FETIFEIN#- 59-6000558 Fiscal Year End: 9/30 Monitor End: 11/20-192020 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY--BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY PINELAND AVENUE STORMWATER IMPROVEMENTS This Amendment is entered into this 28th day of April, 2015, by and between the "Collier County Community Redevelopment Agency - Bayshore Gateway Triangle Area (CRA)." a community redevelopment agency approved by the Board of Collier County Commissioners hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the"Parties." WHEREAS, on May 27, 2014 item 16D16, the Board of County Commissioners approved modification #9 to Disaster Recovery Initiative grant agreement #10DB-D4-09-21- 01-K09 between Collier County and the Florida Department of Economic Opportunity (DEO) and the associated subrecipient agreement between Bayshore Gateway Triangle Community Redevelopment Agency and the County to construct Pineland Avenue stormwater improvements WHEREAS, the Parties desire to amend the Agreement for the Pineland Avenue Stormwater Improvements to increase the amount of funds 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 All references contained throughout the agreement to Housing, Human and Veteran Services, (HHVS) hereinafter shall read Community and Human Services (CHS). THE SUBRECIPIENT AGREES PART I Page 1 of 5 Bayshore Gateway Triangle Area CRA DRl 08-12 Pineland-Stormwater Improvements Contract Amendment#1 Packet Page-1779- .��} 4/28/2015 16.D.13. SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DRI funds, as determined by Collier County Housing, Human and Veteran Services (HHVS) Community and Human Services (CHS), to perform the tasks necessary to conduct the program as follows: HHVSCHS, as an administrator of the DRI program, will make available DRI funds up to the gross amount of $4675-60,00 $98,050.00 to the Bayshore CRA to fund construction of Stounwater Improvements. 1.1 PROJECT DETAILS A. Project Description Improvements Federal Funds Project Component 1: The construction cost and costs of permits $51,668.00 necessary to make stormwater improvements in the Pineland Ave. area $91,158.00 located in Naples, Florida. Project Component 2: The cost of the HUD required Environmental S-17225,40 Assessment. $3.225.00 Project Component 3: The cost of Construction Engineering Inspections $3,667.00 (CEI)Services Total: $56,560.00 $98,050.00 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available • - • • • • - • - a • : - . • • : • - . :,": I. ! Ninety Eight Thousand Fifty Dollars and No Cents ($98,050.00)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"). * * Schedule "B" is hereby deleted and replaced as attached Page 2 of 5 Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland-Stormwater Improvements Contract Amendment#1 Packet Page -1780- ,` 4/28/2015 16.D.13. EXHIBIT "B" COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Bayshore Gateway Triangle CRA Sub recipient Address: 3570 Bayshore Drive,Unit 102 Naples, Fl. 34112 Project Name: Pineland,Stormwater Improvements Project No: DRI 08-12 Payment Request# Total Payment minus Retainage: Period of Availability: 7/15/2014 through 8/31/2015 or as modified by grant# 10DB-D4- 09-21-01-K09 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $98,050 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests (Minus Retainage) 5. Amount of Today's Request 6. 10% Retainage Amount Withheld 7. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) (Includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Page 3 of 5 Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland-Stormwater Improvements Contract Amendment#1 Packet Page-1781- 4/28/2015 16.D.13. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required $15,000 and above) (approval required $15,000 and above) SIGNATURE PAGE TO FOLLOW 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. Page 4 of 5 Bayshore Gateway Triangle Area CRA DRI 08-12 Pineland-Stormwater Improvements Contract Amendment#1 Packet Page-1782- 4/28/2015 16.D.13. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Tim Nance, Chairman Dated: Date: (SEAL) ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, CLERK REDEVELOPMENT AGENCY BAYSHORE GATEWAY TRIANGLE CRA , Deputy Clerk By: Donna Fiala, Chairman Dated: Collier County Community (SEAL) Redevelopment Agency Approved as to form and legality: Jennifer A. Belpedio 4 Assistant County Attorney Page 5 of I3ayshore Gateway Triangle Area CRA DRI 08-12 Pineland-Stonnwater Improvements Contract Amendment#1 Packet Page-1783- 4/28/2015 16.D.13. Grant# 12DB-P5-09-21-01-K39 CFDA/CSFA#- 1. 4.228 Subrecipient — Immokalee Area Community Redevelopment Agency (CRA) DUNS #-076997790 FETFIFEIN#- 59-60005.58 Fiscal Year End: 9/30 Monitor End: 11/22020 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY—IMMOKALEE AREA COMMUNITY REDEVELOPMENT AGENCY IMMOKALEE STORMWATER IMPROVEMENTS This Amendment is entered into this 28th day of April, 2015, by and between the "Immokalee Area Community Redevelopment Agency (CRA)." A Community Redevelopment Agency approved by the Board of Collier County Commissioners hereinafter referred to as SUBRECIPIENT and Collier County, Florida, hereinafter to be referred to as "COUNTY," collectively stated as the"Parties." WHEREAS, on January 24, 2012, item 16D2, the Board of County Commissioners approved Disaster Recovery Enhancement Funds grant agreement #12DB-P5-09-21-01-K39 between Collier County and the Florida Department of Economic Opportunity (DEO) WHEREAS, on May 22, 2012 item 16D3, the Board of County Commissioners approved the subrecipient agreement between the Immokalee Area Community Redevelopment Agency and County to engineer and construct Immokalee Stormwater Improvements funded by Disaster Recovery Enhancement agreement #12DB-P5-09-21-01-1(39 between Collier County and the Florida Department of Economic Opportunity (DEO) WHEREAS, October 22, 2013 item 16D8, the Board of County Commissioners approved the incorporation of additional grant language and end date guidance WHEREAS, on May 27, 2014 item 16D16, the Board of County Commissioners approved and to increase the amount of funds and certain clarifications to the scope and time of performance Page I of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#3 Packet Page -1784- 4/28/2015 16.D.13. WHEREAS, the Parties desire to amend the Agreement to increase the amount of funds NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: Words are deleted; Words Underlined are added 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 IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD/DREF funding for allowable costs, determined by COUNTY, in an amount not to exceed T Mi"io Six - - . • • . . t . I Ii ($2,645,694.50) Two Million Six Hundred Seventy Five Thousand Ninety Two Dollars and 95/100 ($2,675,092.95) in U.S. Dollars for the services described in Exhibit "A." * * * EXHIBIT "A" SCOPE OF SERVICES B. BUDGET: Collier County -:. '-_, - - - - - - . -- Community and Human Services is providing - - .-: -: -- -:. .-: - .-: -: -- -:. - Dollars and 50/100 ($2,6'15,69'l.50) Two Million Six Hundred Seventy Five Thousand Ninety Two Dollars and 95/100 ($2,675,092.95) in CDBG/DREF funding for the project scope described above. Line Item Description CDBG/DREF Funds Engineering and CEI services $186,454.00$165,396.00 Sidewalks $4-8-5T-5-3-5,00$193,896.60 Page 2 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#3 Packet Page -1785- 4/28/2015 16.D.13. Flood and drainage $2,223,705.50$2,003,850.60 Project Management $25,000.00 Resurfacing $25,000.00$276,949.75 Subtotal $2,665,092.95 Contingency $10,000.00 TOTAL $2,615,694.50$2,675,092.95 * * * C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 9/2013 11/2013 Prepare project plans and specifications 5/2014 6/201111/2014 Procure eligible Contractor(s) 6404-42/2015 7/20113/2015 Begin Construction S/2-04-45/2015 9/20146/2015 Construction 50% complete 9/20117/2015 12/201118/2015 Construction 100% complete and project close out * * * Schedule"D-1" is hereby deleted and replaced as attached SCHEDULE "D-1" Page 3 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#3 Packet Page -1786- 4/28/2015 16.D.13. Community and Human Services REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Immokalee Area Community Redevelopment Agency Subrecipient Address: 1320 N. 15th St. Immokalee. Fl. 34142 Project Name: Immokalee Stormwater Improvements Project No: Payment Request# Total Payment: Period of Availability: 5/22/2012 through 8/31/2015 or as modified by grant# 12DB-P5-09- 21-01-139 The Agency has incurred the indebtedness listed below between and SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $2,675,092.95 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ Page 4 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#3 j I Packet Page-1787- 4/28/2015 16.D.13. I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Authorizing Grant Coordinator Accountant Supervisor Department Director (approval required $15,000 and above) (approval required$15,000 and above) SIGNATURE PAGE TO FOLLOW Page 5 of 6 Immokalee CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#3 Packet Page -1788- 4/28/2015 16.D.13. 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 Tim Nance, Chairman Dated: (SEAL) ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, CLERK REDEVELOPMENT AGENCY (CRA) IMMOKALEE AREA , Deputy Clerk By: Donna Fiala, Chairman Dated: Collier County Community (SEAL) Redevelopment Agency Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney \ Page 6 of 6 Immokalce CRA 2008 DREF 08-01 Stormwater Improvements Contract Amendment#3 Packet Page 4789-