1st Amendment 07/17/2024 DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
AMENDMENT ONE
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On May 26, 2022, the State of Florida, Department of Commerce ("Commerce"), formerly known as the
Florida Department of Economic Opportunity, and the Monroe County Board of County Commissioners
("Grantee") entered into agreement 10157 ("Agreement"). Commerce and the Subrecipient may
individually be referred to herein as a "Party" or collectively as the "Parties".
WHEREAS, Section 5, Modification of Agreement, 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, in consideration of the mutual covenants and obligations set forth herein, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to the following:
1. On July 1, 2023, the Florida Department of Economic Opportunity was renamed to the Florida
Department of Commerce. Effective July 1, 2023, all references throughout the Agreement to
"Department of Economic Opportunity" or "DEO" are replaced with "Department of Commerce" or
"Commerce" as appropriate.
2. Section 28,Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the
following:
A. E-Verify is an Internet-based system that allows an employer, using information reported on an
employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify.
The Department of Homeland Security's E-Verify system can be found at: https://www.e-
verif ov .
B. In accordance with section 448.095, F.S., the State of Florida expressly requires the following:
(1) Every public agency and its contractors and subcontractors shall register with and use the
E-Verify system to verify the work authorization status of all newly hired employees. A
public agency or a contractor or subcontractor thereof may not enter into a contract
unless each party to the contract registers with and uses the E-Verify system.
(2) An employer shall verify each new employee's employment eligibility within three (3)
business days after the first day that the new employee begins working for pay as required
under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more
employees shall use the E-Verify system to verify a new employee's employment
eligibility.
C. If an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any
new employee or retaining any contract employee after the effective date of this Agreement.
Page 1 of 9
Date revised 9/26/2023
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
3. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced
with the attached revised Attachment A.
4. Attachment G, Reports, Section 3, is hereby deleted in its entirety and replaced with the following:
3. The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this
Agreement by complying with the closeout procedures in 2 CFR 200.344. Activities during this
close-out period may include, but are not limited to making final payments, disposing of program
assets (including the return of all unused materials, equipment, unspent cash advances, program
income balances and accounts receivable to the Subrecipient)and determining the custodianship
of records.
Notwithstanding the terms of 2 CFR 200.344, upon the expiration of this Agreement, the
Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration
and any accounts receivable attributable to the use of CDBG-MIT funds. Further,any real property
under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-
MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be
treated in accordance with 24 CFR 570.503(b)(7).
5. Attachment G, Reports, Section 6, is hereby deleted in its entirety and replaced with the following:
6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects
must comply with 24 CFR 75.25(a). Subrecipients must report the following: (i) the total
number of labor hours worked; (ii) the total number of labor hours worked by Section 3
workers; and (iii) the total number of labor hours worked by Targeted Section 3 workers. If
Section 3 benchmarks are not met,the subrecipient's qualitative efforts must be reported in
a manner required by 24 CFR 75.25(b).
Subrecipients shall provide Section 3 Reporting quarterly to Commerce by the 10th of each
quarter(January 10,April 10,July 10, and October 10). For Section 3 Reporting, Subrecipients
should complete and return the Project Implementation Plan template to Commerce.
6. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
Remainder Left Intentionally Blank
Page 2 of 9
Date revised 9/26/2023
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number 10157,as amended.This Amendment is effective on the date
the last Party signs this Amendment.
MONROE COUNTY BOARD OF COUNTY FLORIDA DEPARTMENT OF COMMERCE
COMMISSIONERS
SIGNED: SIGNED:
KEVIN WILSON J.ALEX KELLY
ACTING COUNTY ADMINISTRATOR SECRETARY
DATE: May 1, 2024 DATE:
5/8/2024
10 FICIE COUNTY TTOR EY' OFFICE Approved as to form and legal sufficiency, subject
PROVED ASTO FORM only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
a
y„ � FLORIDA DEPARTMENT OF COMMERCE
J=PIHINOVQ
BY, �atn, bUV'�btln,
DATE: 4-2 -2� _ ..�
Approved Date: 5/6/2024
Page 3 of 9
Date revised 9/26/2023
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
Attachment A— Project Description and Deliverables
1. PROGRAM DESCRIPTION:
In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of
Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding to support long-
term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community
Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive
basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the
Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in
the Federal Register, Vol. 84, No. 169.
In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida
communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to
$680,385,000. (86 FIR 561).
This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include:
1. Potable water facilities
2. Wastewater facilities
3. Police departments
4. Fire departments
5. Hospitals
6. Emergency operation centers
7. Emergency shelters
2. PROJECT DESCRIPTION:
The Monroe County Board of County Commissioners has been awarded Eight Hundred Eighteen
Thousand Dollars and Zero Cents ($818,000.00) in CDBG-MIT (Community Development Block Grant —
Mitigation) funding for mitigation efforts to harden the Tavernier Fire Station #22 against storm wind
loads and flooding. The mitigation activities consist of: Replace four (4) impact entry doors and ten (10)
windows with hurricane impact resistant components to protect the Fire Station from wind-borne debris
and provide enhanced wind load capacity on the exterior hull of the structure; Purchase and install six bi-
fold bay doors to properly mitigate the facility and its equipment from corrosion and wind damage, the
large rolling doors will comply with design factors as provided in the Building Code ASTM E330 or
ANSI/DASMA 108; Bury the electrical service lines below ground to avoid electrical power disruption due
to flying debris,fallen trees, or flooding, and to expedite power restoration in the aftermath of a disaster;
Installation of a 80kW diesel generator system with an automatic transfer switch and a 96-hour capacity
fuel tank installed on an elevated base and anchored for wind resistance; Installation of flood panels on
doorways below the flood elevation along with in-filling current CBS blocks to increase wind load
capacities; Installation of spray foam on the ceiling of the apparatus bayfor protection against wind-driven
rains and high heat.
This project satisfies the Low-to-Moderate Income (LMI) National Objectives requirements with a service
area LMI of over 51%.
Page 4 of 9
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
The Subrecipient will not have leverage funds on this project.
3. SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit the below items to Commerce within thirty(30) calendar days of execution
of the agreement:
1. Organizational chart with contact information.
2. Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. If
staffing changes, there must be a submittal stating the names and job descriptions on the
monthly report deadline.
3. Attachment B, Project Budget — Develop and submit to Commerce a detailed budget for
implementation of the project.
4. Attachment C, Activity Work Plan—Develop and submit to Commerce a detailed timeline for
implementation consistent with the milestones outlined in the Mitigation Program
Guidelines.
Should any changes to the organizational chart, Attachment B or Attachment C be deemed
necessary,an updated plan must be submitted to Commerce with your monthly report for review
and approval by the Commerce Grant Manager.
B. Develop and submit a copy of the following policies and procedures to the Commerce Grant
Manager for review and approval within thirty (30) calendar days of Agreement execution. The
Commerce Grant Manager will provide approval in writing prior to the policies and procedures
being implemented.
a. Procurement policies and procedures that incorporate 2 CFR 200.317-327.
b. Administrative financial management policies,which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
c. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDGB-MIT and Commerce policies.
d. Policies and procedures to detect and prevent fraud, waste and abuse that describe how
the subrecipient will verify the accuracy of monitoring policy indicating how and why
monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored, and procedures for referring instances of fraud, waste and abuse to HUD IOG
Fraud Hotline (phone: 1-800-347-3735 or email hotlineCfhudoig.gov).
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the
CDBG-MIT grant funds when available.
D. Upload required documents into a system of record provided by Commerce.
E. Maintain organized subrecipient agreement files and make them accessible to Commerce or its
representatives, upon request.
F. Comply with all terms and conditions of the subrecipient agreement, Mitigation Program
Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws.
G. Provide copies of all proposed procurement documents to Commerce ten (10) business days prior
to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement
documents will be reviewed and approved by the Commerce Grant Manager. Should the
procurement documents require revisions based on state or federal requirements, Subrecipient
will be required to postpone procurement and submit revised documents for review and
approval.
Page 5 of 9
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
H. Provide the following information on a quarterly basis within ten (10) calendar days after the end
of each quarter: Monthly and Quarterly Reports as detailed in Attachment G.
1. Close out report will be due no later than sixty(60) calendar days after this Agreement ends or is
otherwise terminated.
J. Subrecipient shall provide pictures to document progress and completion of tasks and final
project.
4. ELIGIBLE TASKS AND DELIVERABLES:
A. Deliverable 1—Project Implementation
Tasks that are eligible for reimbursement are as follows:
1. Environmental review administrative activities (Environmental Exemption, Public Notice
Publication(s), etc.).
2. Develop policies for the Subrecipient to adopt related to special conditions listed in this
subgrant agreement,
3. Prepared procurement documents,
4. Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in
the Subrecipient's area,
5. Prepared and submitted public notices for publications,
6. Maintained financial records related to project activities on-site,
7. Conducted a Fair Housing activity,
8. Maintain project files,
9. Attended meetings of the Subrecipient's local governing body to provide progress reports on
subgrant activities,
10. Prepared documentation for and attend on-site monitoring visits by Commerce,
11. Prepared financial activity for submission to Commerce,
12. Prepared and submitted to Commerce detailed monthly and quarterly reports,
13. Prepared and submitted to Commerce Section 3 reports,
14. Responded to citizens' complaints,
15. Prepared subgrant modification document for submission to Commerce for review and
approval,
16. Prepared responses to monitoring findings and concerns for Subrecipient to submit to
Commerce or HUD,
17. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package Completed
and Submitted to Commerce.
B. Deliverable 2—Engineering Services
Subrecipient shall:
1. Create a full design package(s), signed, and sealed by a Professional Engineer (PE) licensed in
the State of Florida, including engineering drawings, specifications, construction cost
estimate, surveys, and any other reports, documents, or information relevant to this project
that meet all local current hurricane code ratings, local codes and building codes.
2. Obtain copies of all permit applications, correspondence with permitting agencies, final
permits, and any other permit-related documentation for the project.
3. Conduct an Environmental Review/Assessment in accordance with COMMERCE Policies and
the National Environmental Policy Act referenced in Attachment D.4.b of this Agreement.
C. Deliverable 3 --Construction
Page 6 of 9
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
Subrecipient shall hire Florida licensed contractor to:
1. Remove and properly dispose of four(4)existing doors and ten(10)windows and replace with
new impact resistant doors and windows of like dimensions in compliance with American
Society of Civil Engineers (ASCE) Standards and local and state building code, whichever is
more stringent.
2. Remove and properly dispose of six(6) current garage bay doors and install six(6) bi-fold bay
doors of like size which meet or exceed local current hurricane code rating.
3. Trench and install new underground service from the utility pole to the building and provide
transfer from old service to new service with minimum interruptions to Fire Station.
4. Procure and install 80kW diesel generator system—to include necessary electrical alterations
and transfer switch. Generator should be installed elevated above 100-year flood plain.
5. Procure and install above ground diesel fuel tank with the capacity for 96-hour continuous
generator operation. Installation should ensure tank complies with all environmental and
local code requirements and should be safely above 100-year flood plain and able to
withstand severe weather and tropical cyclones.
6. Secure all roof mounted HVAC units with hurricane-rated tie-downs.
7. Install flood panels for all doors and windows that are below the flood plain elevation plus
one foot and infill CBS blocks.
8. Install thermal insulation spray foam on the ceiling of the equipment bays.
5. DELIVERABLES:
Subrecipient agrees to provide the following services as specified:
Deliverable No. 1—Program Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall provide project Subrecipient may request Failure to complete the Minimum
implementation activities as reimbursement upon completion of Level of Service as specified shall
identified in Section 4.A. of this a minimum of one (1) Project result in non-payment for this
Scope of Work. Implementation task on a per deliverable for each payment
completed task basis as detailed in request.
Section A, Attachment A— Scope of
Work; evidenced by invoice(s)
noting completed tasks as well as
payroll and other supporting
documentation, as applicable.
Deliverable No. 1 Cost: $37,800.00
Deliverable No. 2—Engineering Services
Tasks Minimum Level of Service Financial Consequences
Page 7 of 9
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
Subrecipient shall complete task as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.13. of this Scope reimbursement upon completion of Level of Service as specified shall
of Work a minimum of one (1) task in result in non-payment for this
accordance with Section 4.13 of this deliverable for each payment
Scope of Work, evidenced by request.
submittal of the following
documentation:
1) Engineering design, working
drawings and associated cost
estimates, if applicable;
2) Copies of all required permits, if
applicable; and
3) Invoice package in accordance
with Section 7 of this Scope of
Work.
Deliverable No. 2 Cost: $75,000.00
Deliverable No. 3-Construction
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete task as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.0 of this Scope reimbursement upon completion of Level of Service as specified shall
of Work activities in accordance with Section result in non-payment for this
4.0 of this Scope of Work in the deliverable for each payment
following increments: 10%, 20%, request.
30%,40%,50%,60%,70%,80%,90%,
and 100%, evidenced by submittal of
the following documentation:
1) AIA forms G702 and G703, or
similar accepted Commerce
form, completed by a licensed
professional certifying to the
percentage of project
completion;
2) Photographs of project in
progress and completed; and
3) Invoice package in accordance
with Section 7 of this Scope of
Work.
Total Deliverable 3 Cost: $705,200.00
TOTAL PROJECT COST NOT TO EXCEED$818,000.00
COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 5
tables above are established based on the Parties estimation of sufficient delivery of services fulfilling
grant purposes under the Agreement in order to designate payment points during the Agreement Period;
however, this is not intended to restrict Commerce's ability to approve and reimburse allowable costs
Subrecipient incurred providing the deliverables herein. Prior written approval from Commerce's Grant
Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each
deliverable total funding amount. Changes that exceed 10%of each deliverable total funding amount will
Page 8 of 9
DocuSign Envelope ID: EB1D5CFB-63BF-465C-B1AB-2034EEC14D83
Commerce Agreement Number: 10157
require a formal written amendment request from Subrecipient, as described in Modification section of
the Agreement. Regardless, in no event shall Commerce reimburse costs of more than the total amount
of this Agreement.
6. COMMERCE RESPONSIBILITIES:
A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in
accordance with the Agreement to the extent required by law or deemed necessary be Commerce
in its discretion.
B. Assign a Grant Manager as a point of contact for Subrecipient.
C. Review Subrecipient's invoices described herein and process them on a timely basis.
D. Commerce shall monitor progress, review reports, conduct site visits, as Commerce determines
necessary at Commerce's sole and absolute discretion, and process payments to Subrecipient.
7. INVOICE SUBMITTAL:
Commerce shall reimburse the Subrecipient in accordance with Section 5, above. In accordance
with the Funding Requirements of s. 215.971(1), F.S. and Section (20) of this Agreement, the
Subrecipient and its subcontractors may only expend funding under this Agreement for allowable
costs resulting from obligations incurred during this Agreement. To be eligible for
reimbursement, costs must be in compliance with laws, rules and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State
Expenditures (https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf).
A. Subrecipient shall provide one invoice per month for services rendered during the applicable
period of time as defined in the deliverable table. In any month no deliverable has been
completed,the subrecipient will provide notice that no invoicing will be submitted.
B. The following documents shall be submitted with the itemized invoice:
1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs
being claimed in the invoice package: (1) are specifically for the project represented
to the State in the budget appropriation; (2) are for one or more of the components
as stated in Section 5, DELIVERABLES,of this SCOPE OF WORK; (3) have been paid; and
(4)were incurred during this Agreement.
2. Subrecipient's invoices shall include the date, period in which work was performed,
amount of reimbursement, and work completed to date;
3. A certification by a licensed professional using AIA forms G702 and G703, or their
substantive equivalents, certifying that the project, or a quantifiable portion of the
project, is complete. Include if applicable to your program
4. Photographs of the project in progress and completed work;
5. A copy of all supporting documentation for vendor payments; and
6. A copy of the bank statement that includes the cancelled check or evidence of
electronic funds transfer. The State may require any other information from
Subrecipient that the State deems necessary to verify that the services have been
rendered under this Agreement.
C. The Subrecipient's invoice and all documentation necessary to support payment requests
must be submitted into Commerce's Subrecipient Management Reporting Application(SERA).
Further instruction on SERA invoicing and reporting,along with a copy of the invoice template,
will be provided upon execution of the agreement.
Page 9 of 9