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1st Amendment 03/17/2021 ,Pn..-4'. Kevin Madok, CPA b:',,fl �',e� �� `-�r Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: March 19,2021 TO: Helene Wetherington, Director Local Disaster Recovery Department ATTN: Cynthia Guerra, Acquisition Manager FROM: Pamela Hanch lll.C. SUBJECT: March 17th BOCC Meetings Attached is an electronic copy of die following item, executed on behalf of Monroe County, for your handling: D4 1st Amendment to the Subrecipient Agreement with the Florida Department of Economic Opportunity for Community Development Block Gram-Disaster Recovery (CDBG- DR) Voluntary Home Buyout Program funded through CDBGDR funds with no local match requirement. Once the state has signed the amendment please provide our office with a copy for the record. Should you have any questions please feel free to contact me at (305) 292-3.550. R E©L OMC ® 3� 0 2021 By: . cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 DocuSign Envelope ID:23C06E40-120E-45A0-9451-DDC1 FA811862 SUBRECIPI ENT AGREEMENT NUMBER: 10092 AMENDMENT ONE TO SUBRECIPIENT AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS On June 4, 2020, the State of Florida, Department of Economic Opportunity ("DEO") and the Monroe County Board of County Commissioners ("Subrecipient"), entered into agreement I0092 for Voluntary Home Buyout Program activities under the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant Disaster Recovery ("CDBG-DR") program). DEO and Monroe County Board of County Commissioners may individually be referred to herein as a "Party" or collectively as the "Parties". WHEREAS, Section (4.) of the Agreement provides that any amendment to the agreement shall be in writing executed by the Parties thereto; and WHEREAS, the Parties wish to amend the agreement as set forth herein; NOW THEREFORE, the Parties hereby agree to the following: 1. Preamble, paragraph 2 is hereby deleted in its entirety and replaced with the following: WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018" and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 and the "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant - Disaster Recovery Grantees", 83 Federal Register No. 28 (February 9, 2018), 83 Federal Register No. 157 (August 14, 2018); (hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant - Disaster Recovery (CDBG-DR) funds to DEO for activities authorized under Title I of the Housing and Community Development Act of 1974 (42 United States Code (U.S.C.) 5301 et seq.) and described in the State of Florida Action Plan for Disaster Recovery 2018 (hereinafter referred to as the "Action Plan"). DEO is hereinafter referred to from time to time as "Grantee". 2. Section (14) Citizen Complaints is hereby deleted in its entirety and replaced with the following: (14) Citizen Complaints. The goal of the State is to provide an opportunity to resolve complaints in a timely manner. The subrecipient must provide a response to all inquiries and complaints within 15 working days of receipt. Following the initial response, the subrecipient will make every effort to provide a resolution to complaints within the 15-working day period. If a resolution cannot be reached within the 15-working day period, the complainant/inquirer will receive a status update on the issues) and, if possible, a timeframe for when a resolution can be reached. Constituent Management Services Lead will monitor response times to ensure compliance and will adjust timeframes for additional responses as needed. The response must be provided within 15 working days of the receipt of the complaint, as expected by HUD, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Page 1 of 5 DocuSign Envelope ID:23C06E40-120E-45A0-9451-DDC1 FA811862 SUBRECIPI ENT AGREEMENT NUMBER: 10092 Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination (b) A program assistance award calculation and (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Disaster Recovery email at CDBG-DR L&.deo.mvflorida.com or submit bypostal mail to the following address: Attention:Office of Disaster Recovery Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 160 Tallahassee,Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary (b) Resolutionor (c) Follow-up actions. If the complainant is not satisfied by the Subrecipient's determination, then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed diiuctly to the *or�al Depar neat of Housing and Url= Development(H )at: Department of Housing&Urban Development Charles E. Bennet Federal Building 400 West Bay Street,Suite 1015 Jacksonville,FL 32202 The Florida Ofu--ofDis:YterRecovery operates in Accordance with the Federal Fair Housing Law(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination:1-800-669-9777(Toll Free),1-800-927-9275(TTY) or www.hud.gov/feiirhousing. 3. Section (16) Notice and Contact, subparagraph (b),is amended as follows: (b)The name and address of DSO's Grant Manager for this Agreement is: Michael Dav 107 East Madison Street-MSC 160 Tallahassee,Florida 32399-6508 Phone: (850) 717-8543 Fax:(850) 921-3117 Email: Michael.Day@deo.myflorida.com 4. Section (23) Lobbying Prohibition, subparagraph (b),item 3.,is amended as follows: 3. The Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Paragraph (23), above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into this transaction imposed by 31 U.S.C. § 1352. Page 2 of 5 DocuSign Envelope ID:23C06E40-120E-45A0-9451-DDC1 FA811862 SUBRECIPI ENT AGREEMENT NUMBER: 10092 Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 5. Attachment A—Scope of Work, Section 1. Project Description,paragraph three is hereby deleted in its entirety and replaced with the following: There are two options under this grant: The first option is to use the CDBG-DR funding as a leverage to match funding projects that are also eligible for the Hazard Mitigation Grant Program (HMGP) provided by the Federal government. The second option is to work directly with DEO to acquire parcels of properties of residential areas that meet low- and moderate- income area requirements, and/or assist low-and moderate-income households. 6. Attachment A — Scope of Work, Section 2. Subrecipient Responsibilities, subparagraph A.25., is hereby deleted in its entirety. 7. Attachment A — Scope of Work, Section 2. Subrecipient Responsibilities, subsection B, Tasks 1-7, are hereby amended to replace all references of"shall"with "may." 8. Attachment A— Scope of Work, Section 2. Subrecipient Responsibilities, subsection C,Task 1, is hereby amended to replace all references of"shall"with "may." 9. Attachment A — Scope of Work, Section 2. Subrecipient Responsibilities, subsection D, Tasks 1-2, are hereby amended to replace all references of"shall"with "may." Remainder ofpage lntentlonallp Ieft blank Page 3 of 5 DocuSign Envelope ID:23C06E40-120E-45A0-9451-DDC1 FA811862 SUBRECIPI ENT AGREEMENT NUMBER: 10092 10. Attachment A — Scope of Work, Section 3. Deliverables, is hereby deleted in its entirety and replaced with the following: The Subrecipient agrees to provide the following services as specified: Deliverable I Minimum Level of Service Financial Consequences (to submit for request for payment) Project Design and The Subrecipient shall be reimbursed upon Failure to perform the Implementation completion of a minimum of one deliverable minimum level of service shall Subrecipient shall complete an task per housing unit as detailed in Attachment result in nonpayment for this eligible deliverable task as detailed A, Section 2,B., evidenced by invoices(s) noting deliverable for each payment in Attachment A,Section 2.,B. completed tasks with supporting documentation request. above. (such as payroll,invoices from contractors, etc.) as applicable upon the approval from DEO for the work completed in Deliverable I. Deliverable II Minimum Level of Service Financial Consequences (to submit for request for payment) Homeowner Buyout and The Subrecipient shall be reimbursed upon Failure to perform the Incentives completion of a minimum of one project minimum level of service shall Subrecipient shall complete an deliverable task as detailed in Attachment A, result in nonpayment for this eligible deliverable task as detailed Section 2. Q evidenced by invoices(s) noting deliverable for each payment in Attachment A,Section 2.,C. completed tasks with supporting documentation request. above. (such as payroll,invoices from contractors, etc.) as applicable upon the approval from DEO for the work com leted in Deliverable II. Deliverable III Minimum Level of Service Financial Consequences (to submit for request for payment) Demolition and Closeout The Subrecipient shall be reimbursed upon Failure to perform the Subrecipient shall complete an completion of a minimum of one project minimum level of service shall eligible deliverable task as detailed deliverable task as detailed in Attachment A, result in nonpayment for this in Attachment A,Section 2.,D. Section 2. D; evidenced by invoices(s) noting deliverable for each payment above. completed tasks with supporting documentation request. (such as payroll,invoices from contractors,etc.) as applicable upon the approval from DEO for the work completed in Deliverable III. The Subrecipient shall be reimbursed upon completion of a minimum of 100 percent of the demolition activities for each project;evidenced by the final inspection of the site after the activities have been completed, signed by the contractor,certified by the housing specialist or building inspector for the project. TOTAL AWARD NOT TO EXCEED $15,000,000.00 Page 4 of 5 DocuSign Envelope ID:23C06E40-120E-45A0-9451-DDCI FA911862 DoeuSign Envelope Id 23C06EE40-120E-45AP9451-DDC1 FA611862 SUBRECIPIENT AGREEMENT NUMBER 10092 11. All other terms and conditions remain in effect. IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms,conditions, and provisions of Agreement 10092 as amended. This Amendment is effective the date the last Party signs this Amendment. MONROE COUNTY BOARD OF DEPARTMENT OF ECONOMIC COUNTY .0MM1SS NERS OPPORTUNITY •, 4 rc� SIGNED: oNEsanm by. Mayer Michelle C'oldiron DANE EAGLE EXECUTIVE DIRECTOR DATE: pp DATE: 3/25/2021 tp\� 't,�1T.,'IEST: KEVIN MADOK, CLERK Approved as to form and legal sufficiency, subject _ , 4, only to full and proper execution by the Parties. (' OFFICE OF GENERAL COUNSEL \f�� DEPARTMENT OF ECONOMIC O PORTUNI As Deputy Clerk oocuSigIned sr: By: e,,iL EVLY4tA. ecGEr434a3 sr3/22/2021 Approved Date: WERR/ ty orm ATTORNEY Pha'ne im (.--H-/Y.nin(4 CERISTNE uMamrawvows xrmonn errmVEY CATE Yl17121 3 m m Ca r' LJ7 N1 Page 5 of 5