HomeMy WebLinkAbout2nd Modification 07/16/2025 R-�
GV coURJB V
00Kevin Madok, CPA
' �►�� Clerk of the Circuit CourtComptroller& — Monroe County, Florida da
OryROE cooNSy
DATE: August 1, 2025
TO: Cary Vick, Director
Project Management
Breanne Erickson, Contract/Budget Administrator
Project Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: July 16, 2025 BOCC Meeting
The following item has been executed and added to the record:
C8 Grant Modification#2 to the Community Development Block Grant-
Coronavirus (CDBG-CV) Agreement with the Florida Department of Commerce for Rowell's
Waterfront Park Phase II. This Modification#2 extends the grant expiration date to March 31,
2026, and also revises the Project Narrative to remove some items from the original scope of
work due to the time and funding constraints of the grant.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Docusign Envelope ID:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E
[RI A, Department of Commerce—Small Cities Community Development Block Grant Program Form SC-44
%YCO,MMERCE Modification to Subgrant Agreement July 6,2023
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Modification Number 2 to Subgrant Agreement Between
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the Florida Department of Commerce and
Monroe County Board of County Commissioners
This Modification Number 2 is entered into by and between the State of Florida, Florida Department of
Commerce, ("Commerce"), and Monroe County, ("the Recipient"), (each individually a "Party" and collectively
the "Parties").
WHEREAS, Commerce and the Recipient entered into Contract Number 22CV-S03,FLAIR Contract
Number H2474, on January 18, 2023 ("the Agreement"), pursuant to which Commerce provided a subgrant in
the amount of $2,956,533.59 to the Recipient under the Small Cities Community Development Block Grant
("CDBG") Program as set forth in the Agreement.
WHEREAS, Paragraph (4) of the Agreement provides that modifications to the Agreement shall be valid
when executed in writing by both Parties;
WHEREAS, Commerce 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:
❑ Revise the Activity Work Plan
1. Attachment C, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the
revised Attachment C,which is attached hereto and incorporated herein by reference.
❑ Revise the Project Budget
2. Attachment A, , of the Subgrant Agreement is hereby deleted and is replaced by the revised
Attachment A,which is attached hereto and incorporated herein by reference.
❑ Revise the Project Narrative
3. Attachment A, Project Narrative, of the Subgrant Agreement is hereby deleted and is replaced by the
revised Attachment A,which is attached hereto and incorporated herein by reference.
❑ Change the Number of Accomplishments and/or Beneficiaries
4. Attachments of the Subgrant Agreement are hereby deleted and are replaced by the revised
Attachments ,which are attached hereto and incorporated herein by reference.
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Docusign Envelope ID:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E
�I[�RIVVG A, Department of Commerce—Small Cities Community Development Block Grant Program Form SC-44
%YCO,MMERCE Modification to Subgrant Agreement July 6,2023
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recipient: Monroe County Board of County Commissioners
Modification Number: 2
Commerce Contract Number: 22CV-S03
FLAIR Contract Number: H2474
❑ Include an Unaddressed Need from the Application for Funding as Addressed Need
5. Attachments of the Subgrant Agreement are hereby deleted and are replaced by the revised
Attachments ,which are attached hereto and incorporated herein by reference.
❑ Change the Participating Parties
6. (Type in the name of firm),is removed as a Participating Party to the Subgrant Agreement.
7. (Type in the name of new firm) is added as a Participating Party to the Subgrant Agreement. A copy
of the new Participating Party Agreement, containing provisions and caveats that meet or exceed the
conditions agreed to in the original Participating Party Agreement,is attached.
❑ Extend the Agreement
8. Paragraph (3) titled Period of Agreement on page 1 of the Subgrant Agreement is hereby deleted and
replaced by the following Paragraph (3):
(3) Period of Agreement
This Agreement begins on March 1, 2022, (the "Effective Date") and ends on March 31, 2026 (the
"Expiration Date") unless otherwise terminated as provided in this Agreement (the "Termination
Date"). The period of time between the Effective Date and the Expiration Date or Termination Date
is the "Agreement Period."
❑ Other:
9. This Agreement is hereby reinstated as though it had not expired if not expired.
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.
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• •Docusign:Envelope ID:70591 E78-4F9E-47DB-9F3D-0AFE44A6578E : • • : :
Docusign.Envelope ID:70591 E78-4F9E-47DB-9F3D-0AFE44A6578E ;: : : ; :.
. De p art.ment of Commerce-p-Small.Cities.Comnuiii t Derel rent Block Grant ProgramForm SC=44
. • .- : odic A cation to : ub r tnt. rec ent . : -.July 6,202 '
: : - ' : :: •Recipient: .Motiroe County:Board Of County Commissioner, . ' : ;: . : : • • ;: • .
Modification Number: 2.
Corrii erce Contract Nunmber: 22CV-S03 : .
FLAIR Contract Number:er: H2474.
IN WITNESS WHEREOF,the parties hereto have excciited.this:documrz.ent as:of the dates sett herein :
- :StateofFloriOA . . ' . '
: Department of:Com.merce : :: Recipient.:Monroe.County:Board of County : : :: :
Commissioners. .
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. :- Nitric: J.Alex K, liy Name::James K.. ,Scholl: : . .
Title: Secretary . . :.Title:' Mayor '
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• :Date: . .. . . Date. '
. Approved.as to form and legal sufficiency; • N C .
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by the Parties , . - . : . - . . : ir 7 ...•./•:,„•,..,: /-.
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Approved roved Date: 7/24/2025 . •. . . t.
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Docusign Envelope ID:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E
Attachment A — Project Narrative
1. Project Narrative: Monroe County Board of County Commissioners ("Recipient") will use CDBG-CV funds to
conduct construction additions to the Rowell Waterfront Park located at 104550 Overseas Hwy, Key Largo, FL
33037 with the intent of enhancing pre-existing amenities.The additions include improvements to parking, shared
use paths, and site lighting. The Park would also serve as a public testing and vaccination location. The
improvements would allow for the park to be used as a potential drive-through site,which would allow for safer,
more efficient testing. The County contributed $246,650 in leverage funds to the project. This project meets the
National Objective of Benefit to Low-to Moderate Income Persons on an Area Basis.
2. RECIPIENT RESPONSIBILITIES:The Recipient shall timely perform the Deliverables and Tasks described
in Attachment A—Project Description and Deliverables, and in doing so,the Recipient shall comply with all the
terms and conditions of this Agreement. The Recipient shall agree to a written budget ("Project Detail Budget',
subject to the approval of Commerce and in conformity with the current example attached to the Agreement as
Attachment B. The Project Detail Budget must identify the maximum reimbursement amount allowed for the
Deliverables and Tasks described in Attachment A. The Recipient shall also agree to and shall timely perform the
activities as specified within an Activity Work Plan, subject to the approval of Commerce and in conformity with
the current example attached hereto as Attachment C. The Project Detail Budget and the Activity Work Plan may
be modified by the unilateral determination of Commerce or by mutual consent of the Parties.
3. COMMERCE'S RESPONSIBILITIES: Commerce shall receive and review the Project Deliverables and,
upon Commerce's acceptance of the Deliverables and receipt of the Recipient's pertinent invoices in compliance
with the invoice procedures of this Agreement, Commerce shall process payment to the Recipient in accordance
with the terms and conditions of this Agreement.
4. DELIVERABLES:
Recipient agrees to provide the following services as specified:
Deliverable No. 1—Project Implementation
Tasks Minimum Level of Service (to Financial
Submit a Request for Consequences
Payment)
The Recipient shall complete the tasks listed The Recipient shall be Failure to perform the
below under the Project Implementation reimbursed upon completion of Minimum Level of
section of this Scope of Work. a minimum of one Project Service shall result in
Implementation task on a per nonpayment for this
completed task basis. The deliverable for each
Recipient's completion of the payment request.
tasks will be evidenced by
invoices noting completed tasks
as well as payroll and other
supporting documentation, as
applicable.
Deliverable No. 2—Engineering Services
Tasks Minimum Level of Service (to Financial
Submit a Request for Consequences
Payment)
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Docusign Envelope ID:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E
Attachment A — Project Narrative
The Recipient shall complete the tasks listed The Recipient shall be Failure to perform the
below under the Engineering Services reimbursed upon completion of Minimum Level of
section of this Scope of Work. a minimum of ten percent (10%) Service shall result in
of one Engineering Services task. nonpayment for this
The Recipient's completion of deliverable for each
the tasks shall be evidenced by payment request.
invoices noting the percentage
of the tasks that have been
completed.
Deliverable No. 3—Construction
Tasks Minimum Level of Service (to Financial
Submit a Request for Consequences
Payment)
The Recipient shall complete construction Following a draw for Failure to perform the
as detailed in Section 1 of this Scope of mobilization*, the Recipient shall Minimum Level of
Work. be reimbursed upon completion Service shall result in
of a minimum of ten percent nonpayment for this
(10%) of the overall project. As deliverable for each
evidence of percentage payment request.
completed, the Recipient shall
provide AIA forms G702/G703
or similar Commerce-approved
industry-standard forms, signed
by the contractor and certified
by the engineer performing
inspection services for the
project, documenting the costs
for which reimbursement is
being requested, and noting
overall percent completion of
the project.
*Mobilization refers to a contractor's
mobilization of equipment,materials,
and barriers to the work sites .
Total Award Not to Exceed: $2,956,533.59
Project Implementation Deliverable
Tasks that are eligible for reimbursement under the Project Implementation Deliverable are as follows:
• Paid application preparation costs,
• Developed policies for the Recipient related to special conditions listed in this subgrant agreement,
• Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in the Recipient's area,
• Conducted activities related to the HUD-related environmental review,
• Prepared public notices for publication,
• Submitted public notices for publication,
• Maintained financial records related to project activities on-site,
• Conducted a Fair Housing activity,
• Attended pre-bid conference,bid opening, or preconstruction meeting,
• Reviewed contractor payrolls and interview employees to determine compliance with the Davis-Bacon Act, the
Contract Work Hours and Safety Standards Act,and the Copeland"Anti-kickback"Act,
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Docusign Envelope ID:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E
Attachment A — Project Narrative
• Maintained client files,
• Attended meetings of the Recipient's local governing body to provide progress reports on subgrant activities,
• Prepared documentation for and attend on-site monitoring visits by Commerce,
• Prepared requests for funds for submission by the Recipient's authorized employee,
• Prepared subgrant modification documents for the Recipient to submit to Commerce,
• Prepared the Administrative Closeout Report for submission by the Recipient,
• Prepare and submit detailed quarterly progress report,Section 3,or MBE/WBE report to Commerce,
• Responded to citizen complaints,
• Prepared responses to monitoring findings and concerns for Recipient to submit to Commerce or HUD,
• Paid advertising costs of public notices and invitations to bid,
• Paid permit fees,
• Paid legal fees,
• Paid invoices for environmental review activities other than advertising, and
• Paid CDBG portion of required audit.
Engineering Services Deliverable
Tasks that are eligible for reimbursement under the Engineering Services Deliverable are as follows:
• Basic Engineering Services
a) Developed the plan drawings for the project,
b) Developed the specifications for the project,
c) Developed the bid documents for the project,
d) Prepared permit applications,
e) Attended pre-bid/pre-construction conference,
0 Prepared change orders, and
g) Reviewed construction bids and make recommendation to the Recipient.
• Resident Inspection
a) Inspected construction activities for consistency with plans and specifications, and
b) Reviewed construction invoices and certify costs.
• Preliminary Engineering Services
a) Provided a cost estimate of the project, and
b) Assessed sites for the project.
• Additional Engineering Services
a) Conducted site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and
other similar special surveys as may be required, such as route surveys,
b) Conducted laboratory tests, well tests, borings, and specialized geological soils, hydraulic, or other
studies recommended by the engineer,
c) Conducted property surveys, detailed description of sites, maps, drawings, or estimates related to
them, assistance in negotiating for land and easement rights,
d) Gathered necessary data and file maps for water rights,
e) Conducted redesigns ordered by the owner after final plans have been accepted by the owner and the
local government, except redesigns to reduce the project cost to within the funds available and
projects which received "readiness to proceed" points or a planning and design grant,
Appeared before courts or boards on matters of litigation or hearings related to the project,
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Docusign Envelope ID:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E
Attachment A — Project Narrative
g) Conducted environment assessments or environmental impact statements,
h) Performed detailed staking necessary for construction of the project in excess of the control staking,
i) Provided an operation and maintenance manual for a facility,
j) Conducted activities required to obtain state and federal regulatory agency construction permits,
k) Designed hookups, and
1) Paid the cost of engineering specialties such as electrical; hydro-geological services; biologists; and
heating,ventilation
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