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3rd Modification 02/26/2015 1ID Rick Scott DEOJesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY RECETVFD1 MAR 3 1 2015 March 25,2015 BY;. 04 Mr.Roman Gastcsi,Jr. County Administrator 1100 Simonton Si. Suite 205 Key West,FL 33040 RE: Modification Number. 3 Small Cities Community Development Block Grant(CDBG)Program Contract Number. 12DB-05-11-54-01-HIS Dear Mr.Gastesi: We have received your letter requesting a 12-month extension to the subgranr agreement and approval of revisions to the Activity Work Plan and the Program Budget. Upon review of the modification documents,we have determined that sufficient justification has been provided to approve the requested changes. The revisions are approved,and the agreement is extended through March 29,2016. Enclosed are copies of the signed Modification to Subgrant Agreement form,the revised Activity Work Plan and Program Budget pages,and the revised contract pages listed under Other on the Modification to SubgrantAgteement form. Please keep these documents with your copy of the approved subgranr agreement. If you have any questions,please call me at(850)717-8417. Sincereellyy,,';'/—//)' Roger). Doherty,CLEP Planning Manager Small Cities CDBG Program Enclosure cc: Mr.John O'Brien,Project Manager,Monroe County Housing Authority Mr.Calvin Knowles,Senior Consultant,Government Services Group, Inc. Florida Department of Economic Opportunity I Caldwell Building 1101 E.Madison Street I Tallahassee,FL 32399 866.FIA.2345 1850.245.7105 I S50.921.3223 Fax wwwgoridalobs.org l wen.,. write/Qm/FVCPil I www.fac book comdapi2 An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voce telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Flonda Relay Service at Ill. DE0 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 .arm: Modification to Subgrant Agreement 12/9/2014 Modification Number 3 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, ("die Department"), and Monroe County, ("the Recipient"), to modify DEO Contract Number 12DB-05-11-5401-H15,awarded on September 30,2011. ("the Agreement"). WHEREAS,the Department and the Recipient entered into the Agreement,pursuant to which the Department provided a subgrant of 5750,000 to the Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW,THEREFORE,in consideration of the mutual promises of the parties contained herein,the parties agree as follows: 0 Reinstate the Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend the Agreement 2. Paragraph 3,Period of Agreement is hereby revised to reflect an ending date of March 29,2016. Revise the 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. 0 Revise the 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. DEO Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 12/9/2014 Modification Number. 3 DEO Contract Number. 12DB-05-11-54-01-H15 Recipient: Monroe County Page 2 ❑ Change the Participating Patties - 5. Attachment A,Program Budget,is hereby modified to delete all references to"(Type in theaiame, if applicable),"as the Participating Party,and replace them with "(Type in the name,if n 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. ❑ Include 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. 8. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need,is attached hereto and incorporated herein by reference. Z Change the Number of Accomplishments and/or Beneficiaries 9. 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 the Change in Agency from DCA to DEO 10. This modification to the Subgrant Agreement hereby replaces"Department of Community Affairs"with"Department of Economic Opportunity"where appropriate in context. ® Other: 11. Replace the current pages 1.13 of the agreement with the attached pages 1-13A. The underlined portions of the replacement pages reflect,in part,changes inlaw,as well as revisions to the Department's standard terms and conditions. Pages b%ll%g replaced by the attached page,l 33 which includes a new special condition related to submitting documentation with Requests for Funds. Attachments M and N are being added to the contract. f1CG'a CL Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 r- LLJJ .4 Modification to Subgrant Agreement 12/9/2014 Modification Number: 3 DEO Contract Number: 12DB-05-11-54-01-H 15 Recipient: Monroe County ?crs Page 3 7 A Request lorAmendmen4 Form SC-35, shall be included with this Modification if there is-2 change to the Attachment A, Program Budget,of the Subgrant Agreement;if unmet need is being incli8ed as addressed need;or if there is a change in the number of accomplishments or beneficiaries. 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. AU 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 E n at portunity Recipient: Monro ounty By: B . _ . C Name: William B. gsworth Nam • oman Gastesi Jr. Title: Director Title: County Administrator Division�" off Community Development (J r7/ / �-- Date: ;t{.Tilt7 Date: ,,�C�./(j//!� Approved as to form and legal sufficiency,subject only to full and OE CO NT RNEY�T paver BASCOM,bY the parties P JVE A F Office oldie General Comsat opportunity A (�.:• a §st ( u E a \ ) C \ a § k _ , It § 3 ƒ ƒ } § 2 E © -E \ \ = _ -0 \ L.; % / « \§ g ./ v I w _ ! \ f / § f / CO E { \ # 0 7 U % 0 > , O / _ ` / 1 / ; E \ ^ ƒ $ \ / 2 . • § F / } \ ^ / 2 \ : \ ® \ 2 \ C 0 2 > 0 - / a 2 . . 2 = o / . & 0 \ u « 2 /-\ § D % \ } E ) \ { \ j _ \ / / .a c ' y \ R 0 0 0 E . / } \2 2 % 0 , .. \ � 0 L. jZ \ ) / • } ) \; = e ¥ ¥ a e / % § e / c4 \ - \ $ \ \ / , ) § § o s aQ N G i JIU ] N N R. 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THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein;and B. The Department has received these grant funds from the Stare of Florida,and has the authority to subgrant these funds to the Recipient upon the terms and conditions below;and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE,the Department and the Recipient agree to the following: (1) Scope of Work The Recipient shall perform the work in accordance with the Program Budget,Attachment A of this Agreement;the Activity Work Plan,Attachment I of this Agreement;and the Florida Small Cities Community Development Block Grant(CDBG)FFY 2010Appbcation for Funding submitted by the Recipient on November 16,2010,including future amendments to this Subgrant Agreement that are agreed upon by both parties. (2) Incorporation of Laws,Rules,Regulations and Policies The Recipient and the Department shall be governed by applicable State and Federal laws,rules and regulations,including those identified in Attachment B and K. Rev.6/20/2014 1 (3) Period of Agreement This Agreement shall begin upon execution by both parties,and shall end on March o9 '1016 unless terminated earlier in accordance with the provisions of Paragraph(12) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension. (4) Modification of Contract Either parry may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement. (5) Records (a) As applicable,Recipients 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,Hospital and Other Nonprofit Organizations,and either 2 CFR 225,Cost Pdncipks for State,Local and Indian Tribal Governments,2 CFR 220, Cost Principles for Educational Institutions,or 2 CFR 230,Cost Principles for Non-Profit Organisations. - -bl Representatives of DFO,the Chief Financial Officer of theSrate of Flonda.the Auditor S,reneral 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 relateto this Agreement,for the pmmoses of conductinv audits or examinations or making excerpts or tranarnptions fr1 Recipient shall maintain books records and documents in accordance with generally accepted arrnunting prnrrdurea and practices which%officievlly and properly reflect all eerwnditures of funds provided by DEO under this Agreement. fd1 Recipient will provide a financial and compliance audit to DEO if applicable and ensure that all related pain-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 ate 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: Rev.6/20/2014 n 1. If any litigation,daim 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 shah be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the dosing on the transfer of tide. (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 authorired 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) The Recipient shall include the aforementioned audit and record keeping requirements in all approved contracts and assignments. (6) Audit Requirements fa) Review the Audit Requirements listed in Attachment M of this contract. For local government fiscal years beginning after Decembee26 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 I4 State Funded are not applicable to this subgrant agreement which is a Federal pass-thro gh award. ft) Within sixty(60)days of the close of the fiscal year on an annual basis the recipient shall elertronirally submit a completed Audit Compliance Certification(a version of this certification is attached hereto as Attachment N1 to audit( den.myflorida.rom. Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfdl this requirement withjp all agreements(e.g..rontracts grants memorandyps of understanding memorandums of agreement economic incentive award agreements etc.)between DF.O 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 localgovemment spent less than$500 000($750 000 for fiscal years starring after December 26.20141 in Federal funds during a fiscal year. Rev.6/20/2014 3 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 loca(gnvemment spent Inc than 8500 MO($750000 for fiscal rears starting after December 26 70141 in Federal funds during a fiscal year. (tit I I fti t h 6 q t f d' A t h h I W h Id an electronic copy of its audit report or certification memo(available on the CDBG websitel by June 30 following the end of each fiscal year in which it had an open CDBG subgrant to its grant manager at the following address to ensure that it does not incur audit penalty"blots: Email:cdbg®deo.myforida.com (7) Reports (a) The Recipient shall provide the Department with quarterly reports and a close-out report. These reports shall include the current scams and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other information requested by the Department. (b) Quarterly reports are due to the Department no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30,September 30 and December 31. (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement,whichever first occurs. (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department,the Department may withhold further payments until they are completed or may take other action as stated in Paragraph(11)Remedies. "Acceptable to the Department"means that the work product was completed in accordance with the Program Budget, Attachment A of this Agreement;the Activity Work Plan,Attachment E of this Agreement;and the Application for Funding submitted by the Recipient. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment C. (8) Monitoring The Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the quarterly report. Rev.6/20/2014 4 In addition to reviews of audits conducted in accordance with paragraph(6)above,monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits,and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided by the Department 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 Florida Chief Financial Officer or Auditor General. In addition,the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) Liability (a) Unless the Recipient is a State agency or subdivision,as defined in Section 768.28,Florida Statutes(FS),the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement,Recipient agrees that it is not an employee or agent of the Department,but is an independent contractor. (b) Any recipient which is a state agency or subdivision,as defined in Section 768.28,FS,agrees to be fully responsible for its negligent or tordous acts or omissions which result in claims or suits against the Department,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28,FS. Nothing herein is intended to serve as a waiver of sovereign immunity by any recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) Default If any of the following events occur("Events of Default'),all obligations on the pan of the Department to make&other payment of funds shall,if the Department elects,terminate and the Department has the option to exercise any of its remedies set forth in Paragraph(11). However,the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: _ (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect,or if the Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement,and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. Rev.6/20/2014 5 (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect,incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) Remedies If an Event of Default occurs,then the Department shall,upon 30 calendar days written notice to the Recipient and upon the Recipient's failure to cure within those 30 days,exercise any one or more of the following remedies,either concurrently ox consecutively: (a) Terminate this Agreement,provided that the Recipient is given at least 30 days prior written notice of such termination. The notice shall be effective when placed in the United States,first class mail,postage prepaid,by registered or certified mail-return receipt requested,to the address set forth in Paragraph (13)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws,rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions,to include but not be limited to: 1. Request additional information from the Recipient to determine the reasons for or the -- - extent of non-compliance or lack of performance, 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. Advise the Recipient to suspend,discontinue,or refrain from incurring costs for any activities in question,or 4. Require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (1) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to Insist on strict performance by the Recipient,it will not affect, extend or waive any other right or remedy of the Department,or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. Rev.et20/2014 6 (12) Termination (a) The Department may terminate this Agreement for cause with 30 days written notice. Cause can include misuse of funds,fraud,lack of compliance with applicable rules,laws and regulations,failure to perform in a timely manner,and refusal by the Recipient to permit public access to any document, paper,letter,or other material subject to disclosure under Chapter 119,FS,as amended. (b) The Department may terminate this Agreement for convenience or when it determines,in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds,by providing the Recipient with 30 calendar days prior written notice. (c) The Patties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated,the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may,to the extent authorized by law,withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) Notice and Contact (a) All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery,or first class,certified mail,return receipt requested,to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of the grant manager for this Agreement is: Roger Wilburn,Government Operations Consultant II Florida Small Cities CDBG Program Department of Economic Opportunity 107 East Madison Street_MSC 400 Tallahassee,Florida 32399-6508 Telephone: (850) 717-8424—Fax: (850)922-5609 Email:Roger.Wilbum©deo.myforida.com (c) The name and address of the Local Government Project Contact for this Agreement is: Mr.John O'Brien Key West Housing Authority 1400 Kennedy Drive Key\Vest,Florida,33040 Telephone:(305)296-5621 -Fax: (305)292-1'221 Email:hsijob©aol.com Rev.6/20/2014 7 (d) In the event that different representatives or addresses are designated by either parry after execution of this Agreement,notice of the name,title and address of the new representative will be provided as stated in(13)(a)above. (14) 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(r)that the contractor is bound by the terms of this Agreement,(u)that the contractor is bound by all applicable state and federal laws and regulations,(fu)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 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) Terms and Conditions This Agreement contains all the terms and conditions agreed upon by the parties. (16) Attachments (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any Inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments(check all that are applicable): ® Exhibit 1—Funding Sources ® Attachment A—Program Budget ® Attachment B—Program Statutes and Regulations ❑ Attachment C—Recordkeeping(N/A) ® Attachment D—Reports ❑ Attachment E—Justification of Advance(N/A) ® Attachment F—Warranties and Representations ® Attachment G—Certification Regarding Debarment ❑ Attachment H—Statement of Assurances(N/A) ® Attachment 1—Activity Work Plan ® Attachment.)—Program and Special Conditions ® Attachment K—Civil Rights Compliance Assurance 5 Attachment L_Signature Authorization Form • Attachment M Audit Requirements O Attachment N Audit Compliance Certification Rev.6/20/2014 8 (17) Funding/Consideration (a) The funding for this Agreement shall not exceed 5750,000.00,subject to the availability of funds. (b) The Recipient agrees to expend hinds in accordance with the Program Budget,Attachment A, of this Agreement,and the Application for Funding. (c) All funds shall be requested in the manner prescribed by the Department. The authorized signatory for the Recipient set forth on the eCDBG Access Authorization Form,Attachment I,to this Agreement,must approve the submission of each Request for Funds(RFFs) on behalf of the Recipient. (d) Pursuant to 24 CFR 570.489(b),pm-agreement costs reflected in the Recipient's Application for Funding as originally submitted that relate to preparation of the Application for Funding are considered eligible costs and may be reimbursed to the Recipient,if they are otherwise in compliance with all other requirements of the Agreement. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility,fundability,or addition to the Agreement, or a separate letter authorizing such costs,are ineligible for funding with CDBG funds. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer,or ---- under subparagraph(19)(h)of this Agreement,all obligations on the part of the Department to make any further payment of hinds shall terminate,and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. (18) Repayments fa) The Recipient and its contractors may only expend funding under this Agreement for allowable costs resulting from obligations incurs]duringlhe Agmernencperior6 however,pursuant to 94 CFR 570.489161 reimbursement can be requested for eligible application preparation costs that were listed it, the Recipient's Application for Funding Jbl In accordance with Section 215.971 FS the Recipient shall refund to DEO any balance of nunbligared funds whirh has been a.lvarced nr naid to Recipient re) The Recipient shall refund to DEO all funds paid in excess of rhr amount to which Rerlpiepf or its contractors are entitled under the tips and conditions of this Agreement. (d) AD refunds or repayments to he made to the Department under this Agrrrmrnt are to be made payable to the order of the"Department of Fronomic Oppommin%'and mailed directly to the Department at the following address. Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee,Florida 32399-6508 Rev.6/20/2014 9 In accordance with Section 215.34(2),FS,if a check or other draft is returned to the Department for collection,Recipient shall pay to the Department a senice fee of$15.00 or five percent(5%)of the face amount of the returned check or draft,whichever is greater. (19) Mandated Conditions (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,and materials submitted or provided by the Recipient in this Agreement,in any later submission or response to a Department request,or in any submission or response to fulfill the requirements of this Agreement. All of said information,representations,and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall,at the option of the Department and with 30 days written notice to the Recipient,cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule,or is unenforceable, then the provision shall be null and void to the extent of the conflict,and shall be severable,but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. ----(d) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 USC Section 12101 er/ee.l and the Florida Civil Rights and Fair Housing Acts(sections 760.01 ... 760.37,FS),which prohibit discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,state and local government services,and telecommunications. (0 A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity In excess of$25,000.00 for a period of 36 months from the dare of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency,and which receives funds under this Agreement from the federal government,certifies,to the best of its knowledge and belief,that it and its principals: Rev.6/20/2014 10 I. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not,within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state or local)transaction or contract under public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,malting false statements,or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph 19(g)2.of this certification;and 4. Have not within a 5-year period preceding this Agreement had one or more public transactions(federal,state or local)terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification,then the Recipient shall attach an explanation to this Agreement. In addition,the Recipient shall send a completed Form SC-37,Certification Regarding Debarment,Suspension,And Other Responsibility Marten—Primary Covered Tnnaaetions,to the Department for each prime contractor that the Recipient plans to hire under this Agreement. The form must be received by die Department before the Recipient enters into a contract with the respective prime contractor, (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with Chapter 216,FS,or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof 0) Any bills for travel expenses shall be submitted in accordance with Section 112.061,FS. (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (I) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011,FS) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Al of these meetings shall be publicly noticed,open to the public,and the minutes of all the meetings shall be public records,available to the public in accordance with Chapter 119,FS. (20) Lobbying Prohibition (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Rev.6/20/2014 11 (b) The Recipient certifies,by its signature to this Agreement,that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,to any person for influencing or attempting to influence an officer or employee of any' agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment or modification of any Federal contract,grant,loan or cooperative agreement 2. If any funds other than Federal appropriated funds have been paid or will be paid(0 any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. (21) Copyright,Patent and Trademark Any and all Patent Rights accruing under or in connection with the performance of this agreement are hereby reserved to the State of Florida. Any and all Copyrights accruing under or in connection with the performance of this agreement are hereby transferred by the Recipient to the State of Florida. (a) If the Recipient has a pre-existing patentor copyright,the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with it,the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable material are produced,the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. Rev.6(200014 12 (c) Within 30 days of execution of this Agreement,the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,under Paragraph (b),have the right to all patents and copyrights which accrue during performance of the Agreement. (22) Legal Authorization. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the teens of this Agreement. 1231 Public Record Responsibilities fa) Recipient must notify DEO both by e-mail and first class mail within one f11 business day from rerripr of all reauest(s1 for public records as a public resort is defined in Serrion 119.011.Florida Statutes. In accordance with Chapter 119 of the Florida Statutes Recipient shall he responsible for responding to all public records requests per the roar structure nrovided for records made or received by Recipient in conjunction with this Agreement.unless the records are exempt from section 74(al of Article I of the Stare Constitution and Section 119.07(1) Florida Statutes. Notice of public records requests received hy the Recipient shall be e.tnalled to PRRequesl@deo mvflorfda.com and mailed to public Records Coordmatot Department of Economic Oppnrninj 107 East Madison Street Tallahassee Florida 32399 Office; F8501 745-714Q fb) 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-erxrmpspubbc record made or received by the Recipient in conianrrion with this Agrremeag f241 Emolovmrnt Eligibility Verification jai Executive Order 11-116 signed May 77.2011.hy the Governor of Florida respites OFO contracts in excess of nominal value to expressly reroute Recipient to: j, 1 mkt the I6S.Department of Homeland Ssruritv's F.-Verify system to verify the employment ellgiblhry of all new employees hired by Recipient daring the Agreement term-and Rev.6/20/2014 13 2 Include in all prime contracts under this Agreement the mad remenr that contractors and subcontractors perfomtingwork or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the rontractors and subcontractors during the term of the contract. (b1 E-Verify is an Internet-bawd system that allows an emplovet using information reported on an employee's Form I-9 Employment Fligihility Verification to determine the eligibility of all new employees hired to work in the I lilted States after the effective date of the requited Memorandum of Understanding(MOM:the responsibilities and elections of federal contractors however may vary as stated in Article II.D.I.c,of Arc MOU There is no charge to employers to use E-Verify. The nenanmrnt of Homeland Security's F.-Verify system can be found at http://wwwdhs v/ d s/proatamm/m- 118 v 167R15nd m (rl If Recipient does not have an E-Verity MOE in effect Recipient must enroll in the E-Verify system prior to hiring any new employer after the effective date of this Agreement Rev.6/20/2014 13a If the Recipient does not comply with all applicable criteria listed above,a justification for the delay and a plan for timely accomplishment must be submitted to the Department. The Department shall rescind any subgrant for which the Recipient has not completed activities a-f if it cannot provide adequate justification for the delay. 2. If necessary,The Recipient shall retain sufficient administration funds to ensure Internet access,including email, for the duration of the contract, including any time extensions. If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of Internet access,administrative funds may be used as needed to obtain,at reasonable cost,a computer to allow Internet access. 3 For each Housing Rehabilitation RFF that includes cnnsrnrrtion costs the recipient shall provide a copy of AIA form G702 or a comparable form approved by the Department signed by the contractor and the local budding inspector or housing specialist and a copy of form G703.or a comparable form approved b+'the Department. Rev.620/2014 33 Attachment M Audit Requirements The administration of resources awarded by DEO to the recipient may be subject to audits and/or monitoring by DEO as described in this section. Monitoring In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by DEO staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by DEO staff to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. Audits Part I: Federally Funded This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends$300,000($500,000 for fiscal years ending after December 31,2003)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. Exhibit 1 to this agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal awards expended in its fiscal year,the recipient shall consider all sources of Federal awards,including Federal resources received from DEO. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133,as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133,as revised. 3. If the recipient expends less than$300,000($500,000 for fiscal years ending after December 31, 2003)in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,is not required. In the event that the recipient expends less than$300,000 ($500,000 for fiscal years ending after December 31,2003)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from the recipient resources obtained from other than Federal entities). 4. Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for-profit sub recipients,in the case of Federal funding provided by the U.S.Department of Health and Human Services,Circular A133 does apply. See 45 CFR 74.26 for further details. Rev.6/204014 40 5. A web site that provides links to several Federal Single Audit Act resources can be found at: ham.//I�. r g -/ / i r jus Part II: State Funded This part is applicable if the recipient is a non-stare 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.;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 II,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: b t tp://www.mv fonda.com/fora/stamres.ittml. Pan III: Other Audit Requirements N/A Pan 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): cuditedeo.mt-0onda.com or Rev.6202014 01 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: pep://hankester.crnsns gpv/fac/rllect/ddeindec.hunl C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and (t),OMB Circular A-133,as revised. 2. Pursuant to Section .320(f),OMB Circular A-I33,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 Paper(hard copy): Department Economic Opportunity MSC# 130,Caldwell Building 107 East Madison Street Tallahassee,Fl.32399.4126 3. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. DEO at each of the following addresses: Electronic copies(preferred): Audit(t�deo.mv0orida,com or Paper(hard copy): Department Economic Opportunity MSC# 130,Caldwell Building 107 East Madison Street Tallahassee,El.32399-4126 B. The Auditor General's Office et the following address: Auditor General Local Government Audits/342 --- Claude Pepper Building,Room 401 111 \Vest Madison Street Tallahassee,FL 32399-1450 Email Address: flaudgen b�caler,vt@aud.state.(l.ua 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: Rev.6/20;2014 42 N/A 5. Any reports,management letter,or other information required to be submitted to DEO pursuant to this agreement shall be submitted timely m 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(or- 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. 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 invoking the records has been started prior to the expiration of the controlling period as identified above,the records shag be retained until completion of the action and resolution of all issues which arise from it,or and 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 dare the audit report is issued,unless extended in writing by DEO. Rev.6/20/2014 43 Exhibit—1 Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Agency: U.S.Department of Housing and Urban Development Catalog of Federal Domestic Assistance Community Development Block Grants/State's Title: Program and Non-entitlement Grants in Hawaii Catalog of Federal Domestic Assistance#: 14.228 Award Amount: $750,000.00 Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program I. The Recipient shall perform the obligations in aarotdance witb 24 Code of Federal Regulations, Subpart I, Sections 570.480—570.497. 2, The Recipient shall be governed b} the Federal Laws, rules and regulations identified in Attachments B and K of this Agreement. 3. The Recipient shall be governed by Sections 290.0401-048,Florida Statutes, 4. The Recipient shalt perform the obligations in accordance with Chapter 73C-23, Florida Administrative Code; the Program Budget,Attachment A of Ibis Agreement;the Attiuib, Work Plan, Attahment E of this Agreement;and Program,Categog Spe,f,;and Special Conditions,Attachment f of this Agreement. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: N/A Matching Resources for Federal Programs: N/A Subject to Section 213.97,Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Section .400(d) of OMB Circular A-133,as revised, and,Section 215.97(5),Florida Statutes, require that the information about Federal Programs and State Projects Included in Exhibit I to be provided to the Recipient. Rev.6/20/2014 44 Attachment N Audit Compliance Certification Rev.6/20/2014 45 Audit Compliance Certification Emaila copy of this farm within 60 days of the end of each fiscal year in which this aubgrant was open to a udit�Je deo.mygotida.con.. Recipient: Monroe County FEIN: 59-6000749 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? ❑ Yes ❑No If the above answer is yes,also answer the following before proceeding to execution of this certification: Did the Recipient expend$500,000 or more in federal awards(from DEO and all other sources of federal awards combined)during its fiscal year? ❑ Yes ❑ No If yes,the Recipient certifies that it will timely comply with all applicable single or program- specific audit requirements of OMB Circular A-133,as revised. By signing below, I certify,on behalf of the Recipient,that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Tide of Authorized Representative Rev.6/29,2014 46 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia J.Murphy.District 5 ^ Mayor Pro Tem,Danny L.Kolhage.District I 'The Florida __ George Neugent,District 2 Keys Heather Carruthers,District 3 David Rice.District 4 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street,Suite 205 Key West,FL 33040 (305)292-0441 —Phone (305)292-4544-Fax February 27,2014 Mr. Bob Dennis Community Program Administrator Florida Department of Economic Opportunity CDBG Disaster Recovery Program 107 East Madison Street MSC-000 Tallahassee,Florida 32399-6508 RE: Small Cities CDBG Contract Number I2DB-CS-11.54-01-HIS Request for Amendment Number 2 Dear Mr. Dennis: Monroe County is requesting Amendment 2 to Contract Number 12DB-05-11-54-01-H15 dated September 30,2011. The purpose of this amendment is to request a time extension from the current end date of June 29,2014 to March 29,2015. The original CDBG Grant Agreement listed 32 sewer connections as the required number of accomplishments/number of beneficiary households. To date, Monroe County has already completed 47 sewer connections which exceed the minimum number required. We currently have an additional 13 units under construction and are reviewing 63 additional applications. Because the actual cost of construction was much lower than anticipated, we have funds remaining in our budget to complete additional connections. We are expecting additional applications,as residents continue to receive official connection notices. Therefore,we respectfully request approval of this extension to allow us to continue to provide this much needed assistance for low and moderate income households in Monroe County. On behalf of Monroe County, I would like to extend my thanks for the assistance that has been provided by the Department of Economic Opportunity in the implementation of this Community Development Block Grant Program. If you have any questions regarding this amendment,please contact Mr.John O'Brien at(305)296-5621. Sincer Roman Gastesi 1b County Administrator Attachments: Modification 2 Revised Activity Work Plan cc: Roger Wilbum,Department of Economic Opportunity Roger Doherty,Department of Economic Opportunity John O'Brien,Monroe County Housing Authority Mark Nixon,Meridian Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC•44 Modification to Subgrant Agreement MUMS 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 Monroe County, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-05-11-54-01-H15, award dated September 30, 2011 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement,pursuant to which the Department provided a subgrant of $750,000 to Recipient under the Small Cities Community Development Block Grant ("CDBO")Program 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 March 29, 2015. ®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—Small Cities Community Development Block Grant Program Form SC•44 Modification to Subgrant Agreement 5/15/2013 Modification Number: #2 DEO/DCA Contract Number: I2DB-05-I 1-54-01-H 15 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. S. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need, is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and/or Beneficiaries 9. 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. fRi Reflect Change in Agency from DCA to DEO 10.This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs"with`Department of Economic Opportunity"where appropriate in context. 0 Other: (Type in the reason for the modification.) Department of Economic Opportunity—Small Coles Community Development Block Grant Program Form SC-40 Modification to Subgrant Agreement 5/15/2013 Modification Number: #2 DEO/DCA Contract Number: l2DB-05-11-54-01-H l5 Recipient: Monroe County • Page 3 A Request for Amendment, Form SC-35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need;or if there is a change in the number of accomplishments or beneficiaries. 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: MMMo�nrooeee County By: By: L Name: William B. Killingsworth Name: Roman Gastesi Jr. Title: Director Title: County Administrator,Monroe County Division of Community Development Date: Date: Department of Economic Opportunity—Smell Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement s115/2o13 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the"Tab"key to move from one field to the next. "Shift Tab"lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es)to indicate the modification(s)being requested. Left "click"on the box and an "X" will appear,indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. if the modification makes changes to the"Participating Parties,'type in the names where indicated. 9. If the reason for the modification is not one of the eight common reasons,put an "X" in the check box before"Other"at the bottom of the second page and then tab to the form field and type in the reason. An example of an"other" modification is to bring the Subgrant Agreement under the provisions of a revised administrative rule. 10. On page 3,type in the name of the person signing the modification and the person's title. The date must be hand written. 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O `13 i -ala - a a m 07 3 � a $d O co 6 N ag ° Z A o a a u o s Ii ag339 N O ct NpN N -s SW Si -JT6n pm ;aXd} O O O O O �`� ] Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 5H5l2013 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 Monroe County, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-05-11-54-01-H15, award dated September 30, 2011 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $750,000 to Recipient under the Small Cities Community Development Block Grant("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011-142, Laws of Florida, the DCA Division of Housing and Community Development was transferred to the Department of Economic Opportunity effective October 1, 2011;and the parties wish to reflect the new name. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: i] 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 March 29, 2015. ® 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—Smell Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement &ise a13 Modification Number: #2 DEO/DCA Contract Number: 12DB-05-11.54-01-H I5 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. 8. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need, is attached hereto and incorporated herein by reference. ❑Change in Number of Accomplishments and/or Beneficiaries 9. 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. IRI Reflect Change in Agency from DCA to DEO 10.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—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 5/1312013 Modification Number: # 2 DEO/DCA Contract Number: I2 DB-05-11-54-01-H 15 Recipient: Monroe County Page 3 A Request for Amendment, Form SC-35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need; or if there is a change in the number of accomplishments or beneficiaries. 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 arc 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: roe County By: By: 7 4_ Name: William B. Killingsworth Name: Roman Gastesi Jr. Title: Director Title: County Administrator,Monroe County Division of Community Development Date: Date: Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement 5/15/2013 Instructions for Completing the Modification to Subgrant Agreement Form. 1. Use the"Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click"on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant,type in the new date on the appropriate line. 8. if the modification makes changes to the"Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the eight common reasons, put an "X" in the check box before"Other"at the bottom of the second page and then tab to the form field and type in the reason. An example of an "other"modification is to bring the Subgrant Agreement under the provisions of a revised administrative rule. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. Submit a minimum of two originals of the modification along with the required supporting documentation. 1 3 N C C � N N N N N N N m .. ap N Ili A A W W N N N N b N d 9 s al a 2 n o Z .• a N N N N 'Ll g N N N N N 1, g o R. tli In N N U co N N N N N m T 1 Q mi6 p 3 ry[l t� {j qq N n g g ; ER man 3/ Y 2g218ga39 $ � c oQ cc c gaagt , 7 3 If I1iLt o $ cal: ) € > • . 0 ' nc ; o n o n y '�y . m RIB m n _ L- 3 a m on. ,�i3 Rca 5' .� 30' < s c % ITSa 'R mVgg b co N mom@ a.og.5 ° 8 8 ' m .n m,m £a a3 No:•. 1 a V s3 a@4 3 ? atf FPn m a =zit 5 n oir g � ; _ e m� d9 oaba. � D 6. Ng an 8g8F.E za a ao �8 6$ cB o'Q a co , Wag v 'm c s c o _ A a - $3' E . [ a aa' g asm1 fr R 'ago" xg E am ego og $ gm P $: m = �� pg999 m � q pgr D dF.tip Z W - m §' mQm §gr at .a gg < 4 om as al. to I c 3d n $ t 'n mn % o. n8 PA �mm i 'O D 8 g & osR m • aill9 II al Q3 fl ;�3 v" > n � a -114, ma m � a ga2F m a x$ S 5 1 2 I 8 o 1 MI 3/ o a c a mF F = � m -. ,� 3, 1 a ; i S `gym gm. g �k 5Vwild; it d; p o 83 -o RE. a W aA 3 o chit,oNn C O 0 C m ' $ �' c n `" m D m H 1 8 cr. - a . m E. v 4€akg_ M 1, 3 �' a asI F R / h.a G d So 01 pye N p N N k f W am O m B o A A m to i a a u a Fl 3 3 IC P �Pi $ $ 3 m8mrg 2 ;+ s. 0 8 S 25 nS-a3 ', 25 z N V r G at y % $ FIS3a N N at J am mmgti NO W O Q 3 � 3 N Department of Economic Opportunity—Smell Cities Community Development Block Grant Program Form SC•44 Modification to Subgrant Agreement 5/152013 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 Monroe County, ("the Recipient"), to modify DEO/DCA Contract Number 12DB-05-11-54-01-H15, award dated September 30, 2011 ("the Agreement"). WHEREAS,the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $750,000 to Recipient under the Small Cities Community Development Block Grant("CDBG")Program 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: El Reinstate Agreement I. 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 March 29, 2015. ®Revise Activity Work Plan 3. Attachment I, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment 1, 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—Small Cities Community Development Block Grant Program Form SC-44 Modification to Subgrant Agreement sr+snzota Modification Number: #2 DEO/DCA Contract Number: 12DB-05.11-54-01-H 15 Recipient: Monroe County Page 2 0 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. 8. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form, which shows the unmet need from the original application that is being included in the Subgrant Agreement listed as addressed need, is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and/or Beneficiaries 9. 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. El Reflect Change in Agency from DCA to DEO 10.This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs"with "Department of Economic Opportunity"where appropriate in context. 0 Other: (Type in the reason for the modification.) Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-94 Modification to Subgrant Agreement 5/1520f3 Modification Number: #2 DEO/DCA Contract Number: 12DB-05-11-54-01-H 15 Recipient: Monroe County Page 3 A Request for Amendment, Form SC-35, shall be included with this Modification if there is a change to the Attachment A, Program Budget, of the Subgrant Agreement; if unmet need is being included as addressed need;or if there is a change in the number of accomplishments or beneficiaries. 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: roe County By: By: Name: William B. Killingsworth Name: Roman Gastesi Ir. Title: Director Title: County Administrator, Monroe County Division of Community Development Date: Date: Department of Economic Opportunity—Small Clues Community Development Block Grant Program Form SC 44 Modification to Subgrant Agreement 5/15/201a Instructions for Completing the Modification to Subgrant Agreement Form. I. Use the"Tab"key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number, 3. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. 5. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es)to indicate the modification(s) being requested. Left "click"on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the"Participating Parties,"type in the names where indicated. 9. If the reason for the modification is not one of the eight common reasons, put an "X"in the check box before"Other"at the bottom of the second page and then tab to the form field and type in the reason. An example of an"other" modification is to bring the Subgrant Agreement under the provisions of a revised administrative rule. 10. On page 3,type in the name of the person signing the modification and the person's title. The date must be hand written. 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