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HomeMy WebLinkAbout2nd Amendment 11/12/2025 isKevin MAW, CPA Clerk of the Circuit Court& Comptroller - Monroe Counter, Florida. DATE: December 9, 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: VI Grant Amendment No. 2 to the Tavernier Breakwater Repairs Grant IR045, which provides a 6-month time extension to September 03, 2026 and an additional $438,919 to the grant budget for a total of$2,633,518.00 under the grant, funded by a federal HUD pass-through CDBG-MIT grant from the State of Florida, Department of Commerce (Commerce), formerly known as the Florida Department of Economic Opportunity (DEO) 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:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 AMENDMENT TWO TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT On March 04,2022,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 ("Subrecipient") entered into agreement IR045 ("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; WHEREAS the Agreement was previously amended on August 04, 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 03, 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, Funding/Consideration, Paragraph(a), is hereby deleted in its entirety and replaced with the following: (a) The funding for this Agreement shall not exceed Two Million Six Hundred Thirty-Three Thousand Five Hundred Eighteen Dollars and Zero Cents ($2,633,518.00) 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: Page 1 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 (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: Ih,:tt,P,- WW.a* 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. 5. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced with the attached Attachment A, Project Description and Deliverables. 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 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 Page 2 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 §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 Exhibit 1 to Attachment I—Funding Sources. 9. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full force and effect. ^' Remainder Left Intentionally Blank^' Page 3 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Docusign Envelope ID:7D9BCF85-1OFA-4E4F-9778-EBB36C3694A7 Coerce Agreement Number: IR045 IN:WITNESS HEREOF, by signature below, the Parties agree to abide by:the terms, conditions,:and provisions of Commerce Agreement Number IR045,as amended.This Amendment is effective on the date the last Party signs this Amendment. MONROE COUNTY BOARD OF COUNTY •FLORIDA.DEPARTM.ENT OF COMMERCE COMMISSIONERS SIG- U NED• • lik ic,e .. i 0. ‘ i „ ... .. . .. . j & kLtA1 .:‘t,u,bi 41 . JAMES K.SCHOLL : •J.ALEX KELLY MAYOR • SECRETARY.: DATE: DATE: 12/3/2025 • subject: = .. .. Apprave • as to� form andlegal sufficiency, .• • MONROE COUNTY ATTORNEY'S OFFICE only to full and proper execution by the Parties: APPROVED AS TO FORM ::' ,C''''.,, /- / . . , .,. . , f.„.,,,,r, OFFICE OF GENERAL COUNSEL TA �COU A • w�..���► s ' ORN FLORIDA DEPARTMENT OF COMMERCE : : . .• 2 2025 A;°-,-i 1,,,,,,t_•-�'(,f,t} :. By: brat4 t{,�,bl�, --,,,... ,., r t st. vin Madok, Clerk iti,;,;,;:-...L.. ,.. �p Approved D•ate: .12/1:/2025 is ;, - , -._. ._-_:___-- - ..\ „j,_[:, , - ,ii,1 171 , Ar,,,,,,,_,/, ..(..\\ I, --..--L:L.,,,-------_--,, 1-_ ,,,-,it,t, ,.,!' wirv---.) Ulf Y YIYI �Zk � : s D puty Clerk - -z-...;,-..-;.4i.:,?,-.0.--':"'" . . Page 4of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 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 Economic Opportunity (DEO) 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 Economic Opportunity (DEO) 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 underthe 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,Tavernier project,was awarded $2,633,518.00 of CDBG-MIT funds due to storm damage to the breakwater structure which can no longer prevent flooding and sea level rise to working class citizen homes.This would also assist in maintaining better water quality and prevent environmental disasters. 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 Page 5 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 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. 1. Procurement policies and procedures that incorporate 2 CFR 200.317-327. 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDGB-MIT and Commerce policies. 4. 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 Ih otllin(: ii.I g� ii ,. ,a ). 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). 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. Page 6 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 4. 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 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: $14,191.40 Deliverable No. 2—Engineering Services Tasks Minimum Level of Service Financial Consequences Page 7 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 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: $251,285.95 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: $2,368,040.65 TOTAL PROJECT COST NOT TO EXCEED $2,633,518.00 COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables Section 5 table 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 Page 8 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 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 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 (I „ pb://v v v arn„ �lloriiaja_cfo.cor n/aja a b .'-a�Cnd audi ii era r a:?r r a�Q:?' a 'Q?rnQ;Q?r rQ?�Q?rQ?nQ;QT.. 0..E Q.�QT..:for r a't. ex Q:?'1n jjitu re r d'f . .... ..... .... f f ....... l ... ........ l ......) 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 Page 9 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 accordance with the terms and conditions set forth in this Agreement to the extent that federal 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. Page 10 of 11 Date revised 7/1/2024 Docusign Envelope ID:7D9BCF85-10FA-4E4F-9778-EBB36C3694A7 Commerce Agreement Number: IR045 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: $2,633,518.00 Assistance Listing Number Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Assistance Listing Number: 14.228 Project Description: Funding is being provided for Monroe County to reconstruct the breakwater structure in the Tavernier This is not a research and development award. area. 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. Page 11 of 11 Date revised 7/1/2024