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Onsite Monitoring ReportRECEIVED !��' FEB 10 2014 Rick Scott `�" Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENTo ECONOMIC OPPORTUNITY January 31, 2014 R CERTIFIED MAIL RETURN RECEIPT REQUESTED va 1 S jz% The Honorable Sylvia Murphy, Mayor V1nence1D89t. Monroe County 9400 Overseas Highway, Suite #210 Marathon, Florida 33050 Re: Florida Community Development Block Grant (CDBG) Program Disaster Recovery Initiative Contract No.: 10DB-K4-11-54-02-K 24 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 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 system to verify the basis upon which the request was made. At this time, the Recipient has submitted a total of Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 866.FLA.2345 1850.245.7105 1850.921.3223 Fax www.florida4obs.org I www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. The Honorable Sylvia Murphy, Mayor January 31, 2014 Page 2 of 4 eight (8) payment requests for reimbursement. The Recipient plans to submit RFF number nine (9) via eCDBG to DEO for review. For this visit, Requests for Funds (RFF) numbers six (6), seven (7) and eight (8) were reviewed for this grant. Additionally, DEO traced the following transactions through the Recipient's financial system: 1. Check/Invoice #106864 MCF Construction, Inc. $ 2,140.00 2. Check/Invoice #106889 3`d Generation Construction, Inc. $ 3,770.00 3. Check/Invoice #574407 MCF Construction, Inc. $ 11,240.00 4. Check/Invoice #575292 Meridian Comm. Serv. Group, Inc. (GSG) $ 7,500.00 5. Check/Invoice #582053 Mailloux & Sons, Inc. $ 74,556.00 6. Check/Invoice #584633 Royal Crest Construction, Inc. $ 82,335.08 There are no findings or concerns. Housing Rehabilitation The Recipient proposed to repair/rehab a total of 130 single-family housing units within the Recipient's jurisdiction. At the time of monitoring, a total of nineteen (19) are under construction and forty-six (46) housing units 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. The series of reviews for Mailloux and Sons, Inc. along with Affordable Asphalt, for the American with Disabilities Act (ADA) Public Facilities Site Improvements -Segments I and II projects, consisted of monitoring payrolls and project files to determine whether the Recipient is documenting the following: I . The proper wage decision is included in each contract. 2. Any needed wage conformance requests are processed. 3. Payrolls are being obtained and reviewed. 4. Employee interviews are being conducted. 5. Any problems that arise are resolved in a timely manner. There are no findings or concerns. The Honorable Sylvia Murphy, Mayor January 31, 2014 Page 3 of 4 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 Mailloux and Sons, 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 had recently submitted a contract modification request that included a time extension and revisions to the activity work plans. This request was reviewed and approved by DEC. The Recipient has continued to show progression by submitting regular drawdown requests which has reduced its remaining balance. After this visit, DEO was requested by the Recipient to conduct a Technical Assistance (TA) visit during the month of September 2013. During this TA visit, DEO met with the County Attorney along with representatives from the Engineering Department working in conjunction with the Monroe County Housing Authority to discuss the status of phases I and II of the American with Disabilities Act (ADA) Compliance (Public Facility Site Improvements) project. As mentioned earlier, this project proposed repairing numerous work sites along the first set of mile markers located throughout the County. During this meeting, DEO was informed that the negotiations between the County and the former contractor, Mailloux and Sons, Inc. were recently concluded and an agreement was made. This agreement enabled the County to move forward with these phases of the project. The Engineering Department provided The Honorable Sylvia Murphy, Mayor January 31, 2014 Page 4 of 4 additional details as to what the new plans/timeline would be for completing phases I and II. A detailed tour was conducted of these project sites and additional updates and revisions to the plans and specs were provided. All of the relevant documentation regarding the agreement and Mailloux and Sons, Inc. was provided to DEO and will be kept with the grant record files onsite as requested. The County has paid Mailloux and Sons, Inc. for the work that was inspected and completed. All of the individuals impacted by the Davis - Bacon issues have been identified and paid for their services. All other relevant documentation and files for the individuals will be maintained onsite for review as requested. 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, Monique H.'Kabitzke 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.)