HomeMy WebLinkAbout2nd Amendment 11/12/2025 R_�
OV COURJB V
00Kevin Madok, CPA
' �►�� Clerk of the Circuit CourtComptroller& — Monroe County, Florida da
OryROE cooNSy
DATE: December 2, 2025
TO: Rhonda Haag, Chief Resilience Officer
FROM: Liz Yongue, Deputy Clerk
SUBJECT: November 12, 2025 BOCC Meeting
The following item has been executed and added to the record:
V3 Grant Amendment No. 2 for the Rock Harbor Breakwater Repairs Project in Key
Largo to extend the schedule by six months to September 1, 2026 and to add $338,495 in funds
for a total of$1,692,481.00, funded by a federal HUD pass-through CDBG-MIT Grant#IR036
from the State of Florida, Department of Commerce (Commerce), formerly known as the Florida
Department of Economic Opportunity; and to authorize the Office of County Attorney to make
minor non-substantive edits to the subject agreement with review and approval as to form, in
case minor edits or clarifications become necessary.
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:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
AMENDMENT TWO
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On March 2, 2022, the State of Florida, Department of Commerce ("Commerce"), formerly known as the
Florida Department of Economic Opportunity, and Monroe County Board of County Commissioners
("Subrecipient") entered into agreement IR036 ("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 Agreement was previously amended on August 9, 2022; 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 Commerce 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 3, Period of Agreement, is hereby deleted in its entirety and replaced with the following:
(3) Period of Agreement. This Agreement begins March 2, 2022, (the "Effective Date") and ends
September 1, 2026, unless otherwise terminated as provided in this Agreement. Commerce shall
not grant any extension of this Agreement unless Subrecipient provides justification satisfactory
to Commerce in its sole discretion and Commerce's Deputy Secretary of the Division of
Community Development approves such.
3. Section 21 (a), Funding/Consideration, is hereby deleted in its entirety and replaced with the
following:
(a) The funding for this Agreement shall not exceed One Million, Six Hundred Ninety-Two
Thousand, Four Hundred Eighty-One Dollars and Zero Cents ($1,692,481.00) subject to the
availability of funds. The State of Florida and Commerce's performance and obligation to pay
under this Agreement is contingent upon annual appropriations by the Legislature and subject
to any modification in accordance with Chapter 216, F.S. or the Florida Constitution.
4. Section 28,Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the
following:
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Commerce Agreement Number: IR036
(28) Employment Eligibility Verification
A. E-Verify is an Internet-based system that allows an employer, using information reported on an
employee's Form I-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 Subrecipient does not use E-Verify, Subrecipient 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.
5. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced
with the attached revised Attachment A.
6. 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).
7. 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
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
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.
8. Exhibit 1 to Attachment I — Funding Sources, is hereby deleted in its entirety and replaced with the
attached.
9. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
Remainder of Page Intentionally Left Blank
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Date revised 7/1/2024
Docusign Envelope ID:A671 F1 AD-2325-45A3-AD5D-40534CCO2141
Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO214l
Commerce Agreement Number: IRO36
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number IRO36,as amended.This Amendment is effective on the date
the last Party signs this Amendment.
FLORIDA DEPARTMENT OF COMMERCE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
SIGNED: •
SIGN" •
att,?, r • 411W:11 • •:(
J.ALEX KELLY JAMES K.SCHOLL
SECRETARY MAYOR
DATE: DATE:
11/22/2025 4 'I" . 02 G.
Approved as to form and legal sufficiency,subject
only to full and proper execution by the Parties.
MONROE COUNTY A1TO NEY'S OFFICE
APPROVED AS TO FORM
n..
OFFICE OF GENERAL COUNSEL • 4111. I
•
1'asi
FLORIDA DEPARTMENT OF COMMERCE � wa- �=TANI"COUNTY ATTORNEY
111 27-202S
By: JpMtt,Olb .y LI_ s..\\*
-
• frY st. - Madok, Clerk
w ?a Yr,Mf
Approved Date: 11/21/2025 � •M.` .
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`�w=_•. :�� ��_- �, � Clerk
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
Attachment A— Project Description and Deliverables
1. PROGRAM DESCRIPTION:
In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced 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.
The Florida Department of Commerce (Commerce) has apportioned the Federal Award to include the
following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program
$20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration
$63,485,000.
This award has been granted under the General Infrastructure Program. Projects eligible for funding under
this program must be from units of general local government (UGLG) include towns, cities, counties and
villages. Eligible Activities include projects that demonstrably increase community resilience. The
following types of infrastructure projects are encouraged:
1. Restoration of critical infrastructure
2. Renourishment of protective costal dune systems and state beaches
3. Building or fortifying buildings that are essential to the health, safety and welfare of a community
4. Rehabilitation or construction of stormwater management systems
5. Improvements to drainage facilities
6. Reconstruction of lift stations and sewage treatment plants
7. Road repair and improvement and bridge strengthening
2. PROJECT DESCRIPTION:
Monroe County was awarded $1,692,481.00 of CDBG-MIT funds for the low-lying neighborhood of Key
Largo to mitigate the potential of destroyed or heavily damaged homes from future storm surge during a
storm event. The neighborhood has issues with tidally influenced inundation of residential roads and
shoreline erosion to tides and current at frequent events, which was exacerbated with Hurricane Irma.
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.
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
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 hotlineffhudoig.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.
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.
I. 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. Technical assistance and program management for the project (Davis-Bacon review, Section
3 activities).
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
2. Environmental review, administrative activities (Environmental Exemption, Public Notice
Publication(s), etc.).
3. Grant management to include invoicing, record keeping, preparing and awarding bids to
vendors.
4. Project Closeout, Engineer's Certification of Completion, Grant Closeout Package completed
and submitted to DEO.
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
and 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, mitigation fees, and any other permit-related documentation for the project.
3. Conduct Construction, Engineering, and Inspections (CEI) services.
C. Deliverable 3—Construction
Subrecipient shall hire Florida licensed contractor to:
1. Conduct site(s) preparation.
2. Purchase of materials.
3. Repair of the breakwater structure.
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 4.A, Attachment A—Project
Description and Deliverables;
evidenced by invoice(s) noting
completed tasks as well as payroll
and other supporting
documentation, as applicable.
Deliverable No. 1 Cost: $15,388.47
Deliverable No. 2—Engineering Services
Tasks Minimum Level of Service Financial Consequences
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
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: $203,764.65
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: 5%, 10%, request.
15%, 20%, 25%, 30%, 35%,40%,
45%, 50%, 55%, 60%, 65%, 70%,
75%, 80%, 85%, 90%, 95%, 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: $1,473,327.88
TOTAL PROJECT COST NOT TO EXCEED$1,692,481.00
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
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Commerce Agreement Number: IR036
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
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 (hops://www.myfloridacfo.com/does-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. If the Subrecipient is a county or municipality that is a rural community or rural area of
opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted
invoices may be issued for verified and eligible performance that has been completed in
accordance with the terms and conditions set forth in this Agreement to the extent that federal
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Commerce Agreement Number: IR036
or state law, rule, or other regulations allows such payments. Upon meeting either of the criteria
set forth below,the subrecipient may elect in writing to exercise this provision.
1. A county or municipality that is a rural community or rural area of opportunity as those
terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or
2. A county or municipality that is a rural community or rural area of opportunity as those
terms are defined in section 288.0656(2), F.S., and which is located in a fiscally
constrained county, as defined in section 218.67(1), F.S. If the Subrecipient meets the
criteria set forth in this paragraph,then the Subrecipient is deemed to have demonstrated
financial hardship.
D. The Subrecipient's invoice and all documentation necessary to support payment requests must
be submitted into Commerce's Subrecipient Enterprise Resource 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.
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Docusign Envelope ID:A671 F1AD-2325-45A3-AD5D-40534CCO2141
Commerce Agreement Number: IR036
Exhibit 1 to Attachment I—Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S. Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: $1,692,481.00
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
Project Description:
Funding is being provided for Monroe County in order
to restore the breakwater structure to mitigate
This is not a research and development award. flooding in the future.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement
are as Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048, F.S.
2. The Subrecipient shall perform its obligations in accordance with 24 CFR §§570.480—570.497.
3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments
or exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3),
F.A.C.
5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not
necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the
Subrecipient's Notice of Subgrant Award/Fund Availability(NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs: N/A
Subject to Section 215.97, Florida Statutes: N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as
Follows: N/A
NOTE: Title 2 CFR§ 200.331 and Section 215.97(5), F.S., require that the information about Federal
Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be
provided to the Subrecipient.
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