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Resolution 178-2013RESOLUTION NO 178 -2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF MODIFICATION NUMBER 5 TO THE CDBG 2008 DISASTER RECOVERY TROPICAL STORM FAYE GRANT TO EXTEND THE END -DATE OF THE SUB -GRANT AGREEMENT TO JUNE 13, 2014. WHEREAS Monroe County received a $2,488,963 CDBG 2008 Disaster Recovery Tropical Storm Faye Grant from the Florida Department of Economic Opportunity (then Florida Department of Community Affairs; and WHEREAS the Board of County Commissioners of Monroe County Florida approved the CDBG 2008 Disaster Recovery Tropical Storm Faye Sub -Grant Agreement which was executed on June 14, 2010; and WHEREAS the Department of Economic Opportunity requires a time extension to be submitted ninety days before the sub - agreement's end date of September 13, 2013. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that the County hereby: Approves the submission of Modification Number S to the CDBG 2008 Disaster Recovery Tropical Storm Faye Sub -Grant agreement and revised activity work plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 19 day of June, 2013. Mayor George Neugent Yes ° C-. C rn �n r Commissioner Danny Kolhage Yes - o ;-�� rte- Mayor Pro Tem Heather Carruthers r . o -.. ,, - :L_•;�� Yes � - ,a Commissioner David Rice Yes n w f' Commissioner Sylvia Murphy y "a 70 SEAL �`��.'` ��. -- '� C C7 ATTEST: ;A1VIY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONR E COUNTY, FLORIDA B Y. By: Deputy Jerk eorge Neugent, Mayor Approved as to legal sufficiency: Date: County of Monroe The Florida Keys Mayor George R. Neugent 25 Ships Way Big Pine Key, Florida 33043 Neugent- george@monroecounty -fl.gov July 1 2013 Mr. Bob Dennis Community Program Administrator Florida Department of Economic Opportunity CDBG Disaster Recovery Program 107 East Madison Street, MSC -400 Tallahassee, Florida 32399 -6508 BOARD OF C OUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tern, Heather Carruthers, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 RE: Tropical Storm Fay Contract Number 1ODB- K4- 11- 54- 02 -K24 Request for Amendment Number 5 Dear Mr. Dennis: Monroe County is requesting Amendment. Number # 5 to Contract Number 1ODB- K4 -11- 54-02-K24 dated June 14, 2010, with an existing expiration date of September 13, 2013. The purpose of this amendment is to request a nine (9) month extension. The current budget includes $365,758 under activity number 14A Housing Rehabilitation which has been used, to date, for sewer connections. We have completed 75 sewer connections and expended all funds in this line item. Amendment #2 to this grant agreement provided for the inclusion of the Public Facilities /ADA activity to provide financial assistance for the first two segments of the County's ADA Compliance Project. To date, we have expended $281,916 for this line item, leaving a remaining balance of $961,451. All of the site acquisition has been completed and funds of $261,470 expended. Expenditures for 14B Multi - Family Housing to date are $475,049.04 which represents 85.5% of the budget line item. Overall, funds expended for this grant to date are $1,444,340 or 58% of the entire grant amount of $2,488,963. We have encountered some unforeseen delays which are beyond the control of Monroe County in implementing Segments 1 and Segment 2 of the ADA Compliance Project. ADA Segments 3 & 4 are on track. The latest development on Segments 1 & 2 involve.Davis Bacon compliance issues which will be addressed by the County Attorney's office and staff over the next two weeks and at our County Commission meeting on June 19, 2013. The County has reported the Davis Bacon issues on Segments 1 & 2 to DEO Disaster Recovery staff and will continue to update them as necessary. Therefore, we request that the Depart of Economic Opportunity grant this time extension to allow for the completion these most important projects that will have a significant impact in Monroe County. On behalf of Monroe County, I would like to express appreciation for your consideration of this request and extend my thanks for the cooperation and assistance that the Department of Economic Opportunity continually provides. If you have any questions regarding this amendment, please contact Mr. John O'Brien at (305) 735 -3888. Since ly, George eugent, Ma or Attachments: Modification 5 Revised Activity Work Plans Pc: Adriane Burgess, Department of Economic Opportunity Mark Nixon, Government Service Group — Meridian Department of Economic Opportunity — Disaster Recovery Initiative Modification to Subgrant Agreement 101/2011 MODIFICATION NUMBER 5 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 Department of Economic Opportunity Contract Number IODB- K4- 11- 54- 02 -K24 -award dated .Tune 14, 2010 ( "the Agreement "). WHEREAS, the Department and the Recipient entered into the Agreement. pursuant to which the Department provided a subgrant of $2,488,963 to Recipient under the Disaster Recovery Initiative Program (`'DRI ") as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; WHEREAS, pursuant to the provisions of Chapter 2011 -142, Laves 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 dune 13, 2014. ® Revise Activity Work Plan 3. The Attachment B. Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Revise Program Budget and Scope of Work 4. The Attachment A. Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein by reference. Department of Economic Opportunity — Disaster Recovery Initiative Modification to Subgrant Agreement 10/1/2011 Modification Number: 5 DEO/DCA Contract Number: IODB- K4- 11- 54- 02 -K24 Recipient: Monroe County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete all references to "(Type in name, if applicable.)," as the Participating Party, and replace them with "(Type in name, if applicable.)" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that. meet or exceed the conditions agreed to in the Participating Party - Agreement between the Recipient and the original Participating Parry. ❑ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment, A, Program Budget section of the Agreement is hereby deleted and is. replaced by the revised Attachment A, the Program Budget, which attached hereto and incorporated herein by reference. 7. The Attachment , Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment , Activity Work Plan section, which is attached hereto and incorporated herein by reference. ❑ Change in Number of Accomplishments and /or Beneficiaries 8. The Attachment A, Program Budget section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program .Budget, which is attached hereto and incorporated herein by reference. ❑ Reflect Change in Agency from DCA to DEO 9. This modification to the Subgrant Agreement hereby replaces "Department of Community Affairs" with "Department of Economic Opportunity" where appropriate in context. ❑ Other: (Type in the reason for the modification.) Department of Economic Opportunity — Disaster Recovery Initiative Modification to Subgrant Agreement 10/1/2011 Modification Number: DEO /DCA Contract Number: l ODB- K4- 11- 54- 02 -K24 Recipient: Monroe County Page 3 All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect. and are to be performed at the level specified in the Agreement. herein. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set Department of Economic Opportunity Name: William B. Killingsworth Title: . Director Division of Community Development Date: Recipie : Monroe County By: Name, George Neugent Title: Mayor, Monroe County Date: Y a 3 � � E A AMY HEXVILPA, CLERK Department of Economic Opportunity — Disaster Recovery Initiative Modifica to Subgrant Agreement 10/ 11 2 011 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. i. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the subgrant, type in the new date on the appropriate line. 8. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other " at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must Piave signature authority) 11. Submit three originals of the modification along with the required supporting documentation. DEPARTMENT OF ECONOMIC OPPORTUNITY CDBG DISASTER RECOVERY PROGRAM PROJECT WORK PLAN Amendment #6 RECIPIENT Monroe County DATE PREPARED CONTRACT NO. 10DB- K4- 11- 64- 02 -K24 PROJECT BUDGET $ 2,488,963 Date Start Date End Describe Proposed Action to be Undertaken or Contract Special Condition # Units to Proposed $$ Proposed (month & (month & Clearance Documentation be to be Administration year) year) to be submitted by "Date End" completed Requested $$ to be by "Date by "Date Requested by End" End" "Date End" Execute Contract Documents; Submit Environmental Record and Request 6/10 9110 Release of Funds - COMPLETED Solicit pool of qualified contractors; Conduct Public Outreach; Distribute 9/10 12/10 S/F & M/F applications; Initiate Program implementation. Submit required reports. Continue S/F & M/F application process; determine program eligibility; $52,500 $24,082.97 12/10 3/11 Prepare Bid Documents; wage decisions. Submit required reports. Continue Public Outreach; Solicit RFQs for S/F sewer connections and 3/11 6/11 M/F rehab. Establish set -aside to acquire and renovate identified 20 p roperties. Submit required reports and request for funds. Continue program implementation with both S/F and M/F projects, 6/11 9/11 Continue property acquisition. Add ADA Project as eligible activity. Submit 10 $218,484.99 $14,951.84 required reports and request for funds, Request wage decisions; Prepare Bid Documents, Plans and Specs for 9/11 12/11 ADA Projects. Complete property acquisition. Continue S/F sewer hook 50 $135,343.06 $3,867.50 ups & M/F rehab. Process pay requests. Submit required reports. Submit ADA Bid Packages for state approval. Request time extension to 12/11 3/12 complete ADA Segments. Continue S/F and M/F projects. Process 20 $172,415.71 $15,419.10 contractor pay requests. Submit required reports and request for funds. Bid ADA projects; execute contracts; continue S/F and M/F projects. 3/12 6/12 Submit required reports and request for funds. 25 $187,276.24 Implement first segment #1 and # 2 of ADA Compliance Activity. Continue 6/12 12/13 RFQ process for S/F sewer. connections & M/F rehabs. Monitor 55 $553,567.67 construction, process pay requests. Submit required reports and request for funds. Monitor ADA Compliance Activities, as well as S/F sewer connections and 10/12 12/13 M/F rehab. Process contractor pay requests. Submit required reports. 50 $553,567.67 Continue program implementation with both S/F and M/F projects, 12/13 5/14 Continue property acquisition. Implement ADA Projects. Submit required $218,484.99 $14,951.84 reports and request for funds. Continue monitoring project activities; process contractor pay requests, 5/13 5/14 Begin to finalize program activities. Submit required reports and request 31 $553,567.66 $3,918.59 for funds. Finalize Contractor Payments; Draft Preliminary Close -Out Report; 4/14 1 7/14 Submit Administrative Closeout