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2nd Modification 12/11/2013 } Department of Economic Opportunity- Community Development Block Grant Program Disaster Recovery Initiative Modification to Subgrant Agreement 06/04/2012 MODIFICATION NUMBER 2 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND MONROE COUNTY This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, ("the Department"), and City of Key West, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-P5-11-54-01-K47, 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$O,O4S to Recipient under the Disaster Recovery Initiative Program Mott ("DRI")as set forth in the Agreement; 490/w 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 December 6, 2014. Z.Revise Activity Work Plan 3. Attachment I, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment I, which is attached hereto and incorporated herein by reference. ❑ Revise Program Budget 4. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A,which is attached hereto and incorporated herein by reference. Department of Economic Opportunity- Community Development Block Grant Program Disaster Recovery Initiative Modification to Subgrant Agreement 06/04/2012 Modification Number: #2 DEO/DCA Contract Number: 12DB-P5-11-54-01-K47 Recipient: Monroe County Page 2 ❑Change in Participating Parties 5. Attachment A, Program Budget, 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. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment A,which is attached hereto and incorporated herein by reference. 7. Attachment I, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment I, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and/or Beneficiaries 8. Attachment A, Program Budget, of the Subgrant 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: (Type in the reason for the modification.) Department of Economic Opportunity• - Community Development Block Grant Program Disaster Recovery Initiative Modification to Subgrant Agreement 06/04i2012 Modification Number: #2 DEO/DCA Contract Number: 12DB-P5-11-54-01-K47 Recipient: Monroe County Page 3 All provisions of the Subgrant 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. State of Florida Department of Economic Opportunity Recipient: Monroe County By: V�"7:71 ,C� By: < . Vain et tenrit.S Name: 1 Name: Roman Gastesi Title: Minty. 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LL- 2\�E7|2 «! 2! 9 # ! ) • p; tkil.h-Vk ' /7§ !. i | ) k!) k8fl8 E \ 5 3 7 ; \ \ § RECEIVED JAN 2 3 2014 Rick Scott DEOJesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT( ECONOMIC OPPORTUNITY January 16, 2014 POet✓e4 9 ti0�4 The Honorable Sylvia J. Murphy EB Mayor, Monroe County et^8Dea- 9400 Overseas Highway,Suite 210 Marathon, Florida 33050 Re: Community Development Block Grant (CDBG) Program Disaster Recovery Initiative Contract No.: 12DB-P5-11-54-01-K 47 Monroe County Modification Number 1 Dear Mayor Murphy: A review of the proposed Modification Number 1 to the referenced subgrant agreement, transmitted with a letter from Mr. Roman Gastesi, County Administrator, dated December 12, 2013, has been completed. The review indicates that the revised activity work plans appear to be in accordance with program requirements. Your request for a contract extension has been reviewed and approved. The new contract end date for this grant is December 6, 2014. An approved copy of the fully executed modification is enclosed with this letter. Please retain the modification in the official CDBG sub grant files. If you any have questions regarding this matter, please contact Adriane Burgess via email at adriane.burgess@deo.mvflorida.com or at (850) 717-8444. Sincerely, Monique H. Kabitzke Planning Manager MHK/ab Enclosure cc: Mr. John O'Brien, Project Manager, Monroe County Housing and Community Services Department Mr. Mark Nixon, Consultant, Community Services Division,Government Services Group, Inc. Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 866.FLA.2345 1850.245.7105 1850.921.3223 Fax www.floridaiobs.ory I www twItter.ccilVELDEO I www.facebook.cam/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to Individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTy/TDD equipment via the Florida Relay Service at 711. RECEIVED FEB 10 1014 Rick Scott DE", Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY January 31, 2014 tggceived CERTIFIED MAIL RETURN RECEIPT REQUESTED FEB 18 2014 Finance Deft. The Honorable Sylvia Murphy, Mayor Monroe County 9400 Overseas Highway, Suite#210 Marathon, Florida 33050 Re: Florida Community Development Block Grant (CDBG) Program Disaster Recovery Initiative Contract No.: 12DB-P5-11-54-01-K 47 Monroe County On-Site Monitoring Report—March 27-28, 2013 Dear Mayor Murphy: During the week of March 27-28, 2013, Adriane Burgess, a representative of the Department of Economic Opportunity (DEO), met with representatives of your community to monitor the CDBG Disaster Recovery grant identified above. This letter, which contains no "findings" and no "concerns," is a summary of that visit. Technical Assistance was provided by DEO via request from the Recipient(Monroe County) for various topics including procedures for submitting a contract modification request and Request for Funds (RFF), construction phase and along with other grant- related items. Monitoring is based on an examination of documentation that supports the grant recipient's compliance with the CDBG program rules, state statutes, and federal regulations. DEO monitored the following areas for compliance. • Financial Management Transaction Testing • Housing Rehabilitation • Labor Standards • Procurement • Program Administration The following is a summary of the areas examined and the results of the monitoring. Financial Management Transaction Testing DEO reviewed various financial statements through the Recipient's financial management system to ensure it maintained proper documentation (invoices, payment vouchers, detailed journal entries and ledger postings). A sample of request for funds was traced through the financial management Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 866.F LA.2345 1850.245.7105 1850.921.3223 Fax www.8oridalobs.org I wv.w.twitleccorLl DEC I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TT'/TOD equipment via the Florida Relay Service at 711. The Honorable Sylvia Murphy, Mayor January 31,2014 Page 2 of 4 system to verify the basis upon which the request was made. At this time,the Recipient has submitted a total of two (2) payment requests for reimbursement. The Recipient plans to submit RFF number three(3)via eCDBG to DEO for review. For this visit, Requests for Funds (RFF) numbers one (1) and two (2)were reviewed for this grant. Additionally, DEO traced the following transactions through the Recipient's financial system: 1. Check/Invoice#107210 Appraisal Co. of Key West $ 2,800.00 2. Check/Invoice#107252 Pedro Falcon Construction, Inc. $139,498.39 3. Check/Invoice#107349 Pedro Falcon Construction, Inc. $118,913.69 4. Check/Invoice#107453 Pedro Falcon Construction, Inc. $ 16,642.14 5. Check/Invoice#582437 Meridian Comm. Sew. Group, Inc. (GSG)$ 19,500.00 6. Check/Invoice#582840 Pedro Falcon Construction, Inc. $ 26,142.75 There are no findings or concerns. Housing Rehabilitation The Recipient proposed to complete sewer hookups/connections (rehabilitation) for a total of two (2) single-family housing units within the Recipient's jurisdiction. At the time of monitoring, all housing units selected for sewer hookups/connections(rehabilitation) are complete. DEO reviewed a sample of two (2) of the replacement housing files for compliance with program requirements, including consistency with the Recipient's adopted Housing Assistance Plan (HAP). Each file was examined to determine whether the Recipient was reviewing status of work completion prior to each partial payment to the contractor, and that each unit was being properly inspected during construction and at construction end to issue a certificate of occupancy or other similar document. There are no findings or concerns. Labor Standards The Davis-Bacon Act and other related acts require federal grant recipients to monitor construction contractors and subcontractors to ensure that they comply with specific labor standard requirements. These reviews of Pedro Falcon Electrical Contractors, Inc.,for the American with Disabilities Act (ADA)Compliance-Public Facilities Site Improvements-Segments I project, consisted of monitoring payrolls and project files to determine whether the Recipient is documenting the following: 1. The proper wage decision is included in each contract. 2. Any needed wage conformance requests are processed. 3. Payrolls are being obtained and reviewed. • The Honorable Sylvia Murphy, Mayor January 31, 2014 Page 3 of 4 4. Employee interviews are being conducted. 5. Any problems that arise are resolved in a timely manner. There are no findings or concerns. Procurement CDBG-funded grants, including grant modifications, must comply with applicable federal procurement regulations and state laws. The principal federal procurement regulation is contained in 24 CFR 85.36. Procurement of certain professional services is also subject to Section 287.055, Florida Statutes, (also known as the Consultants Competitive Negotiation Act, or CCNA). A review of procurement of construction contracts for Pedro Falcon Electrical Contractors, Inc. was conducted. No breach of statutory, regulatory, or contractual provisions were noted under this area during the visit. There are no findings or concerns. Program Administration This review focuses on whether the Recipient has a project management system that complies with program requirements. DEO reviewed the filing system and record retention procedures for compliance with 24 CFR Section 570.490(b), (c),and (d). Project progress was compared to the Work Activity Plan to determine on-time performance and expenditures. If non-CDBG funds were pledged in the application, DEO reviewed the amount expended to date. If program income was generated, its disposition was examined. Finally, if the Recipient received a citizen complaint,the file was reviewed to ensure that the Recipient followed its Citizen Participation Plan while resolving the complaint. The Florida Human Relations Commission (FHRC) maintains all beneficiary data information/updates and is available to assist communities in resolving complaints that are reported. There are no findings or concerns. Additional Comments Overall, the Recipient has made significant progression on its current projects for this grant. At this time,the Recipient is preparing to submit its contract modification request that featured a time extension and revisions to the activity work plans. The Recipient has continued to show progression by submitting regular drawdown requests which has reduced its remaining balance. The Honorable Sylvia Murphy, Mayor January 31, 2014 Page 4 of 4 Please be aware that this report does not relieve your jurisdiction of its obligation to continue to administer the grant according to federal and state laws, program rules, and sound management practices. There are no future monitoring visits scheduled for this grant. DEO appreciates the helpful and cooperative attitude of those who provided assistance during the visit. If you have questions regarding this monitoring report or need additional assistance or information, please call Adriane Burgess, Government Operations Consultant II, at(850) 717-8444 or contact him via email at adriane.burgess@deo.myflorida.com. Sincerely, Mon KabiK zke DRI Planning Manager MHK/ab cc: Mr.John O'Brien, Project Manager, Monroe County Housing Authority Mr. Mark A. Nixon, Project Management Consultant, Government Services Group, Inc.- ...._ _..._Community Services Division (formerly Meridian Community Services Group, Inc.)