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Item C40BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19, 2013 Division: Public Works/Engineering / Housing Authority Bulk Item: Yes x No _ Department: Project Management Staff Contact Person/Phone#: Kevin Wilson, Extension 453-8797 / John O'Brien AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida authorizing the submission of modification number 5 to the 2008 Tropical Storm Faye Disaster Recovery grant and to extend the end date of the sub -grant agreement to June 13, 2014. ITEM BACKGROUND: Monroe County was approved and a contract awarded on June 14, 2010 for a $2,488,963 Disaster Recovery 2008 CDBG Tropical Storm Faye award. The contract has been extended previously and its current expiration date is September 13, 2013. The State of Florida Department of Economic Opportunity requires times extensions be made ninety days in advance of the expiration date of the contract which is September 13, 2013. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # RESOLUTION NO , 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 5 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 19TH day of June, 2013. Mayor George Neugent Commissioner Danny Kolhage Mayor Pro Tem Heather Carruthers Commissioner David Rice Commissioner Sylvia Murphy SEAL ATTEST: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk George Neugent, Mayor Approved as to legal sufficiency: Date: Department of Economic Opportunity — Disaster Recovery Initiative Modification to Subgrant Agreement 1011/2011 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 10DB-K4-11-54-02-K24 award dated June 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, 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. Z Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of June 13, 2014. Z 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 10r112041 Modification Number: 5 DEO/DCA Contract Number: 1 ODB-K4-1 l-54-O2-K24 Recipient: Monroe County Page 2 ❑ Change in Participating Parties 5. The Attachment A, Program Budget section, is hereby modified to delete allI 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. 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. 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 10/112011 Modification Number: 5 DEO/DCA Contract Number: 1 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. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. Department of Economic Opportunity an Name: William B. Milingsworth Title: Director Division of Community Development Recipient: Monroe County : Name: George Neugent Title: Mayor, Monroe County Date: Date: Department of Economic Opportunity— Disaster Recovery initiative Modification to Subgrant Agreement 10/1/2011 Instructions for Completing the Modification to Subgrant Agreement Form. 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 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 elate must be hand written. (The person signing the modification must have signature authority.) 11. Submit three originals of the modification along with the required supporting documentation. LL H W 0 s' Nt iV Y c� 3 4 O LO 0'. 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O T r r r r C14 7 2 \ % � k m m E % k / k 2 2 2 2 q 2 2 G \� k /� b § \ w 2 a) cp■E c@E- S\ �� J CL/ \ƒ �§�� /0- / 2\-0 § %/U 2 L) D « 3 -�2 $ U) (D e ® kkR£ §/ \ \ G§%k /U) /) t fC§E k 22- g2c�0m»o t7 o 4 e e 070 2 § 2 N 2 CD E E � L) 0 CL 9cu �Q m = cn E m. CA & a o � 7. ECL k� 0 e CD m -� o U�&&«aw o � Q� a�\\�§/ \k «ke0M0,w k �2 t/f \�k\°/7�/a .22oo L)maUm _® to / / q_ n m_ * Co \ DRAFT MONROE COUNTY LETTERHEAD June , 2013 Mr. Bob Dennis Community Program Administrator Florida Department of Economic Opportunity CDBG Disaster Recovery Program 107 East Madison Street, MSC-400 Tallahassee, Florida 32399-6509 RE: Tropical Storm Fay Contract Number 10DB-K4-11-54-02-K24 Request for Amendment Number 5 Dear Mr. Dennis: Monroe County is requesting Amendment Number # 5 to Contract Number 10DB-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 DEC) 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, l 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. Sincerely, George Neugent, Mayor Attachments: Modification 5 Revised Activity Work Plans Pc: Adriane Burgess, Department of Economic Opportunity Mark Nixon, Government Service Group — Meridian