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Home My WebLink AboutItem C19 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting May 20, 2026 Agenda Item Number: C19 26-15100 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: N/A STAFF CONTACT: Willie DeSantis AGENDA ITEM WORDING: Approval of a Grant Modification#3 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#3 increases the grant amount from$2,956,533.59 to $5,036,533.59 (with no County match) and extends the grant expiration date to December 31, 2026. ITEM BACKGROUND: In March 2021, Monroe County submitted a Community Development Block Grant — Coronavirus (CDBG-CV) grant application to the Florida Department of Economic Opportunity (now called the Florida Department of Commerce) under the CARES Act to fund the enhancement of Rowell's Waterfront Park. These enhancements will allow the Park to be used for future testing and vaccinations in the event of a public health epidemic. On October 21, 2022, Monroe County received a grant agreement from Florida Department of Economic Opportunity(DEO)for the award of a CDBG-CV Grant in the amount of$2,956,533.59 with no County match and on December 7, 2022, the BOCC approved the CDBG-CV Grant with an expiration date of September 30, 2023. Due to delays in completion of Phase I of the Rowell's Park redevelopment and delays in the Environmental Review required as part of the CDBG-CV grant, a request for a grant extension was submitted to the Florida Department of Commerce in May 2023 and, while verbal approval was received, a grant extension document was not received until April 2024. Design of the Phase 11 park enhancements was completed in 2023 and a Request for Proposals for construction was issued with bids due in December 2023. All of the bids received were over $1 million greater than the grant amount and County Staff worked with the lowest bidder to value engineer the project down to meet the grant funding amount.After an agreement was reached with the lowest bidder, as required by the CDBG-CV grant, the construction contract was submitted to Florida Commerce for its approval. A Grant Modification #1 was executed in April 2024 which extended the Agreement's expiration date to September 30, 2024. A request for an additional time extension of the grant was submitted to Florida Commerce on 9/3/24 and verbal approval was received. However, an official grant extension document was not received until June 2025. A Grant Modification#2 was executed in July 2025 which extended the grant expiration date to March 31, 2026, and also revised the Project Narrative to reflect the reduced scope of work as requested by the County. The Florida Department of Commerce gave the County approval to move forward with construction in August 2025 and a Notice to Proceed was issued to Pedro Falcon Contractors on 8/29/25. Due to the significant delays of the project, through no fault of the County or Contractor, in getting all the approvals from the Florida Department of Commerce over the past 2 years, County Staff submitted a request for additional time and additional funding to the Florida Department of Commerce for the Rowell's Waterfront Park Phase II project in December 2025. Grant Modification #3 was received at the end of April 2026 which increases the total grant amount from $2,956,533.59 to $5,036,533.59, and extends the grant expiration date from March 31, 2026, to December 31, 2026, in order to complete the project. INSURANCE REQUIRED: N/A CONTRACT/AGREEMENT CHANGES: Extends expiration date to December 31, 2026, and increases grant amount from $2,956,533.59 to $5,036,533.59. STAFF RECOMMENDATION: Approval of Grant Modification #3 DOCUMENTATION: FINANCIAL IMPACT: Effective Date: Upon execution by Florida Commerce Expiration Date: 12/31/2026 Total Dollar Value of Contract: $5,036,533.59 Total Cost to County: $85,000.00 (approx. design costs paid from 304 fund) Current Year Portion: $42,000.00 (approx. from 304-25005) Budgeted: Yes Source of Funds: 125-22584 CDBG-CV grant & 304-25005 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: $5,036,533.59 County Match: $0.00 Insurance Required: N/A Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 FLORIDA Modification to Subgrant Agreement /"�►0MMER E Small Cities CDBG Program �t�✓ Form SC-44 Modification Number 3 to Subgrant Agreement Between the Florida Department of Commerce and Monroe County Board of County Commissioners, Florida This Modification Number 3 is entered into by and between the State of Florida, Department of Commerce, ("Commerce"),and Monroe County Board of County Commissioners,Florida("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_, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment_,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 Page 1 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Modification to Subgrant Agreement OFLORIDA Small Cities CDBG Program COMMERCE Forni SC-44 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. ❑ 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 S. 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 December 31, 2026, unless otherwise terminated as provided in this agreement. Commerce shall not grant any extension of this Agreement unless the Recipient provides justification satisfactory to Commerce in its sole discretion, and Commerce's Deputy Secretary of the Division of Community Development approves such extension.The justification must document that project delays are due to events beyond the Recipient's control and include a performance plan that demonstrates the Recipient's capacity, to perform and complete the remaining project tasks within the extension period. Commerce will also take into consideration the Recipient's progress and verifiable achievements at Commerce's sole and absolute discretion. Upon expiration or termination of this Agreement, the Recipient shall follow the closeout procedures set forth in Attachment H. ® Other: 9. Section (6)(a)&(c) Audit Requirement is hereby deleted and replaced with the following: (a)The Recipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. part 200 if it expends $1,000,000 or more in Federal awards from all sources during its fiscal year. (c ) Within 60 calendar days of the close of the fiscal year, on an annual basis, the Recipient shall electronically submit a completed Audit Compliance Certification, a blank version of which is attached Page 2 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Modification to Subgrant Agreement OFLORIDA Small Cities CDBG Program COMMERCE Forni SC-44 hereto as Attachment K, to audit ckcommerce.fl.gov. The Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements,etc.) between Commerce and the Recipient. This form is in addition to the Audit Certification Memo, Form SC-47, that must be sent to Commerce if an audit is not required because the local government spent less than $1,000,000 in Federal funds during the fiscal year. 10. Clause (18)(a) of the Agreement is hereby deleted in its entirety and replaced with the following: (a) The funding for this Agreement shall not exceed Five Million, Thirty-Six Thousand, Five Hundred Thirty-three Dollars and Fifty Nine Cents ($5,036,533.59) subject to the availability of funds. The State of Florida and Commerce's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with chapter 216 F.S., or the Florida Constitution. 11. This Agreement is hereby amended to add the following: (29) Contracting with Entities of Foreign Countries of Concern Prohibited: In accordance with section 287.138, F.S., a contract between a governmental entity and an entity which would give access to an individual's personal identifying information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, "Foreign Country of Concern Attestation Form," which is incorporated herein by reference. If applicable, prior to execution of the Agreement, Recipient must provide Commerce with a signed Foreign Country of Concern Attestation Form pursuant to section 287.138(4), F.S., and rule 60A- 1.020, F.A.C. (30) Foreign Influence In accordance with section 286.101,F.S.,if this Agreement has a value of$100,000 or more, Recipient shall disclose to Commerce any current or prior interest of, anv contract with,or any grant or gift received from a foreign country of concern if such interest, contract, or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any, time during the previous five (5)years. The disclosure requirements are more fully defined within the statute. Recipient represents that it is,and for the duration of this Agreement will remain,in compliance with section 286.101, F.S. (31) Human Trafficking In accordance with section 787.06, F.S., when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in that statute. Prior to execution of the Agreement,Recipient must provide Commerce with an affidavit signed by an officer or a representative of Recipient under penalty of perjury attesting that Recipient does not use coercion for labor or services as defined in section 787.06, F.S. 12. Attachment J, Audit Requirements, is hereby deleted in its entirety and replaced with the following Attachment J —Audit Requirements. Page 3 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Modification to Subgrant Agreement OFLORIDA Small Cities CDBG Program COMMERCE Forni SC-44 13. Exhibit 1 to Attachment J, is hereby deleted in its entirety and replaced with the following Exhibit I to Attachment J. 14. Attachment K, Audit Compliance Certification, is hereby deleted in its entirety and replaced with the following Attachment K- Audit Compliance Certification. 15. This Agreement is hereby reinstated as though it had 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. (The remainder of this page is intentionally blank.) Page 4 of 14 Docusign Envelope ID:E13COFDFD-613213-4566-BACO-7091001 BA8C7 Modification to Subgrant Agreement OFLORIDA Small Cities CDBG Program ` ERE Form SC-44 Recipient: Monroe County,BOCC Modification Number: 3 Commerce Contract Number: 22CV-SO3 FLAIR Contract Number: H2474 IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set herein. State of Florida Department of Commerce Recipient: Monroe County Board of County Commissioners By: By: Name: J. Alex Kelly Name: Michelle Lincoln Title: Secretary Title: Mayor Date: Date: Approved as to form and legal sufficiency, subject only to the full and proper e�ecution W1ONRE COUNTY AT70M:NE''1'°'S OFFICEAPPROVED AS TO FORM by the Parties Office of the General Counsel - Florida Department of Commerce ,OiSSITAIVT COUNTY EY DATE: 5-Il6 By: Approved Date: Page 5 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Attachment A — Proiect Narrative and Deliverables 1. PROJECT NARRATIVE:Monroe County Board of County Conunissioners (`Recipient")will use CDBG-CV funds to conduct construction additions to the Rowell Waterfront Park located at 104550 Overseas Hw y, 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 A. 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 wnthin 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. 2. COMMERCE RESPONSIBILITIES: Commerce shall receive and review the 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. 3. DELIVERABLES: Recipient agrees to provide the following services as specified: Deliverable Minimum Level of Service Financial (to submit for request for payment) Consequences Project Implementation The Recipient shall be reimbursed upon completion of Failure to perform The Recipient shall a minimum of one Project Implementation task on a per the minimum level of complete the tasks listed completed task basis. The Recipient's completion of the service shall result in below under the Project tasks will be evidenced by invoices noting completed nonpayment for this Implementation tasks as well as payroll and other supporting deliverable for each section of this Project documentation, as applicable. payment request. Narrative. Deliverable Minimum Level of Service Financial (to submit for request for payment) Consequences Engineering Services The Recipient shall be reimbursed upon completion of a Failure to perform The Recipient shall minimum of 10 percent of one engineering task on a per the minimum level of complete an eligible task as completed task basis as detailed in Attachment A— service shall result in detailed in Attachment A - Project Narrative; evidenced by invoice(s) noting nonpayment for this Project Narrative. completed tasks. deliverable for each payment request. Page 6 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Deliverable Minimum Level of Service Financial (to submit for request for payment) Consequences Construction Following a draw for mobilization*, the Recipient shall Failure to perform The Recipient shall be reimbursed upon completion of a minimum of 10 the minimum level of complete construction percent of overall project as detailed in Attachment A— service shall result in as detailed in Section 1 of Project Narrative. As evidence of percent completed, the nonpayment for this this Project Narrative. Recipient shall provide AIA forms G702/G703 or deliverable for each similar Commerce-approved industry-standard forms, payment request. 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: $5,036,533.59 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 • 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/Xy13E report to Commerce, • Responded to citizen complaints, • Prepared responses to monitoring findings and concerns for Recipient to submit to Commerce or HUD, Page 7 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 • 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 specifications for the project, d) Developed the bid documents for the project, e) Prepared permit applications, f) Attended pre-bid/pre-construction conference, g) Prepared change orders, and h) 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, f) Appeared before courts or boards on matters of litigation or hearings related to the project, 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. Page 8 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Attachment J — Audit Requirement The administration of resources awarded by Commerce to the Recipient may be subject to audits and/or monitoring by Commerce as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements) and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,on-site visits by Commerce staff,limited scope audits as defined by 2 C.F.R. part 200,as revised, and/or other procedures. By entering into this Agreement,the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by Commerce. In the event Commerce determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by Commerce staff to the Recipient regarding such audit. The Recipient further agrees to comply, and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. part 200, as revised. 1. In the event that the Recipient expends $1,000,000 or more in federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised. In determining the federal awards expended in its fiscal year, the Recipient shall consider all sources of federal awards, including federal resources received from Commerce. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I,paragraph 1,the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. 3. If the Recipient expends less than $1,000,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, is not required. In the event that the Recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e.,the cost of such an audit must be paid from Recipient resources obtained from other than federal entities). 4. Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) organizations, the pass-through entity has an obligation to ensure that for-profit Sub-Recipients that expend $1,000,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. Page 9 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of individual federal grantor agencies. Additional Federal Single Audit Act resources can be found at: htips://harvester.census.gov/facweb/Resources.aspx PART II: STATE FUNDED This part is applicable if the Recipient is a non-state entity as defined by section 215.97(2), F.S. I. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such Recipient,the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General.In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from Commerce, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2),F.S.,and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtauied from other than State entities). Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/ PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to section 215.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by Page 10 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 PART I of this Exhibit Agreement shall be submitted by or on behalf of the Recipient directly to each of the following at the address indicated: A. Florida Department of Commerce Financial Monitoring and Accountability (FMA) The copy submitted to the FMA section should be sent via email to: F NLyRWB gcommerce.fl.gov B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, electronically at: htWs://harvester.census.gov/facweb/ 2. Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Recipient received the audit report); copies of the reporting package described in Section .512(c), 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor; copies of reports required by Part II of this Exhibit must be sent to Commerce at the addresses listed in paragraph three (3) below. 3. Copies of financial reporting packages required by PART 11 of this Agreement shall be submitted by or on behalf of the Recipient directly to each of the following: A. Commerce at the following address: Electronic copies: Auditgcommerce.fl.gov B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address: flaudgen localgovtnaud.state.Rus 4. Any reports, management letter, or other information required to be submitted to Commerce pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. part 200 subpart F, section 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients and Sub-Recipients, when submitting financial reporting packages to Commerce for audits done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient/Sub-Recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting Page 11 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 requirements are satisfied and final payments have been received, or for a period of three (3) years from the date that Commerce closes out the CDBG program year(s) from which the funds were awarded by the U.S. Department of Housing and Urban Development, whichever period is longer, and shall allow Commerce, or its designee, the Chief Financial Officer (CFO), or Auditor General access to such records upon request. In addition,if any litigation, claim,negotiation, audit,or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above,whichever is longer.The Recipient shall ensure that audit working papers are made available to Commerce, or its designee,CFO,or Auditor General upon request for a period of five(5) years from the date the audit report is issued, unless extended in writing by Commerce. (The remainder of this page is intentionally blank.) Page 12 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Exhibit 1 to Attachment J Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Recipient: $5,036,533.59 Catalog of Federal Domestic Assistance Community Development Block Grants/State's Title: Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance 14.228 Number: Project Description: Funding is being provided to rehabilitate or replace substandard housing for very low-,low- and moderate- This is not a research and derelopment award. income residents. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Recipient shall perform its obligations in accordance with sections 290.0401- 290.048, F.S. 2. The Recipient shall perform its obligations in accordance with 24 C.F.R. �§ 570.480 — 570.497. 3. The Recipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Recipient shall perform the obligations in accordance with chapter 73C-23, F.A.C. 5. The Recipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily, limited to, those identified in Attachment F — State and Federal Statutes, Regulations, and Policies State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: 1N/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 C.F.R. §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 Recipient. Page 13 of 14 Docusign Envelope ID: E13COFDFD-613213-4566-BACO-7091001 BA8C7 Attachment K - Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to auditgcommerce.fl.goy. Recipient: Unique ID # Recipient's Fiscal Year: Contact Name: Contact's Phone: Contact's E-mail: 1. Did the Recipient expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement, etc.) between the Recipient and the Florida Department of Commerce (Commerce)? ❑ Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Recipient expend $750,000 or more of state financial assistance (from Commerce and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Recipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Recipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Recipient and Commerce? ❑ Yes ❑ No If the above answer is ves, also answer the following before proceeding to execution of this certification: Did the Recipient expend $1,000,000 or more in federal awards (from Commerce and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Recipient certifies that it will timely comply with all applicable single or program- specific audit requirements of 2 C.F.R.part 200, subpart F, as revised. By signing below, I certify, on behalf of the Recipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 14 of 14 Docusign Envelope I D:70591 E78-4F9E-47Dl3-9F3D-0AFE44A6578E WV '°;' l' Department of Commerce—Small Cities Community Development Block Grant Program Form SC-44 COMMERCE Modification to Subgrant Agreement JUly 6,2023 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Modification Number 2 to Subgrant Agreement Between g g 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. 1 Docusign Envelope ID:70591 E78-4F9E-47Dl3-9F3D-0AFE44A6578E WLOF- I Department of Commerce—Small Cities Community Development Block Grant Program Form SC-44 COMMERCE Modification to Subgrant Agreement JUIy 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 S. 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. 2 Docusign Envelope I D:70591 E78-4F9E-47DB-9F3D-OAFE44A6578E Docusign Envelope ID:7059IE78-4F9E-47DB-9F3D-OAFE44A6578E Aw'VIOREA Depatiment of"Cornmerce---Small Cities Community Developrnent Block Gr2nt Progrwn Form SC-44 WCOMW:RCE Modification to "pub rant Agreement �july 6,2023 Recipient: Monroe Clounty Board of County C(ATIMiSSioner Modification Number: 2 Commerce Contract Number: 22CNI-S03 FLAIR Contract Number: 112474 IN WITNESS WHEREOF,the parries hereto have exectited this document as of the dates set herein. State of Florida Department of Commerce Recipient: Monroe County Board of County Commissioners By- .�-_j4AA1 By� Name: J. Alex Kelly Name: )aines K. SchoU Title: Secretary your Date: 7/27/2025 Dam Approved as to forin and legal sufficiency, MONWE COUNTY ACTT'OANEYS OFFICE subject ordy to the full and proper execution APPROVED AS TO FORM by,the Parties Office of the General Counsel 0�W!�� 2:�1 Flonda 1)f(',-r)j)=cJw DATE. It-IR-If0c, By asp bVtjVA, A Vitt Madok,Clerk Approved Date: 7/24/2025 Deputy Clerk py Docusign Envelope I D:70591 E78-4F9E-47Dl3-9F3D-0AFE44A6578E 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) 4 Docusign Envelope I D: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 I 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 site(s). 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 (XIBE/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, 5 Docusign Envelope I D:70591 E78-4F9E-47Dl3-9F3D-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, f) Appeared before courts or boards on matters of litigation or hearings related to the project, 6 Docusign Envelope I D: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 7 DocuSign Envelope ID 85CO3729-1 D1 19-4520-8CDO-1 1 F73338A719A DocuS'ilglini Envelope lf):85C03729-1 D1 9-45 '0-8CDO-1 1 F7333aA79A 0 LDRKDA Deparli-nent�qd� itrnDevlopment BlockGantProgani Forni SC-44 ERCE fication to: Subgrant Agreement JWy 6,2023 Modification Number 1 to: Subgrant Aig-reement Between the Department of Commerce and Monroe County Board of County Commissioners This Modification Number 1 is entered into by and between the State of Florida, Department of Commerce, ("Commerce")i, and Monroe County Board of C(�)unty Cornaiissioners, ("the Recipient"), (each individually a "Party": and collectively the "'Parties")�. WHEREAS, Commerce and the Recipient entered into Contract Number 22C-V-S03, FLAIR Contract Number 112474, on January 18, 2'023 ("the Agreement"'), pursuant to which Commerce provided a sub:grant in the amount of$2,956,5331,59 to the Recipient under the Small Cities Community Deveh')pment Block Grant ("CD13G") 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 Parries agree as follows: Revise the Activity Work Plan 1. Attachment_,Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by the revised Attachment—,which is attached heretr�) and incorporated herein by reference. EJ Revise the Project Narrative 2. 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, [J Revise the Project Budget 3. Attachment aced by the revised —, of the Subgrant Agreement is hereby deleted and is repl Attachment which is attached hereto and incorporated herein by reference. M Change the Number off Accomplishments and/or Beneficiaries DocuSign Envelope ID 85CO3729-1 D1 19-4520-8CDO-1 1 F73338A719A DocuSign Envelope ID:85CO13729-1Dll:9-4520-8CDO-11IF73338A79A DepartmentofCornrnerce SmA Cities Coniunity Developnient Block Graw,Prograni Form SC-44 OCOMMERCE Modification to Subgrnrant Agreement July 6,2023 Recipient: Monroe County Board olf Comity Comi-nissioners Modification Number: 1 Contract Number: 22CV-SO3 FLAIR Contract Number: H2474 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. E] 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, F� Change the Participating Parties 6. ffype in the name of firm),is removed as a Participating Party to the Siftrant 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. Z Extend the Agreement & 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 September 30, 2024 (the 97xpiration Date") unless otherwise terminated as provided in this Agreement (the "Terniination Date"). The period of time. between the Effective Date and the Expiration Date or 'fermination Date is the "Agreement Period." Other: 9. This Agreement is hereby reinstated as though it had not expired if not approved by the Expiration date. 10, On July 1, 2023, the Florida Department of Economic Opportunity was renamed to the Florida Department of Commerce ("Commerce"). Effective July 1, 2023, all references to "Department of Economic Oppomir&y" or "DECK" are hereby replaced with "Florida Department of Con-unerce" or "Comi-nerce"as appropriate. 2 DocuSign Envelope ID 85CO3729-1 D1 19-4520-8CDO-1 1 F73338A719A DotuSigin Envelope ID:8500:3729-1D19-46 068CDO-11IF7333BA79A Departmcnt 4 Cornmerce--Sinall Cides Conisnunity Dvelopinent Block Grant Progran) Foffii SC-44 OCOMMMCE Modification to Slub rant Agreement July 6,2023 9 Recipient: Monroe County Board of County Commissioners Modification Number: 1 Contract Number: 22CV-SO3 FLAIR Contract Number: 112474 11, [,.rnployinent Verification (E-Verify) A, Section 448.095,f,.S.,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 uriless, each party to the contract registers with and uscs, the E-Verify system. (2) An employer shall verify each new empl(,.)yee'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. B. E-Verify is an Internet-based system that allows an employer,, using information reported on an employee's Fo:)rrn 1-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to w(:)rk in the. United States. There is no charge to employers to use E-Verify, '111c, Department of Homeland Security's E-Verify system can be found at: I I C. If Contractor does riot use FI-Verify, Contractor shall enroll in the T,,-Verify system prior tei hiring ally new employee or retaining any contract employee after the effective date of this, Contract. 12. If the Recipient is county or municipality that is a rural corn runny or rural area of opportunity as those terms arc defined in section 288.0656(2), FS., 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 or state law, rule, or other regulation allows such payments. Upon meeting either of the criteria set forth below, the Recipient may elect in writing to exercise this provision, a. A county or municipality that is a rural community or rural area of opportunity as those terms are defiried in section 288,0656(2), FS., that demonstrates financial hardship;or b. A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2)�, FS., and which is located in a fiscally constrained county, as defined in section 218.67(l). If the Recipient meets the criteria set forth in this paragraph, then the Recipient is deemed to have demonstrated a financial hardship. 3 DocuSign Envelope ID 85CO3729-1 D1 19-4520-8CDO-1 1 F73338A719A Dii)cuS0n IEriv^eilope M:B,5C03729-10191-4520-8CDiD-,qIF73338A79A 0 R.x Departmen� of C,01.1-111-lerce Small("ides Block Grant Program Fnm-i SC-44 COMMERCE Modification to Subgrant Agreement july 6,2023 Recipient. Monroe County Modirication Number: 1 Contract Number: 22CV-SO,, BAIR Contract Number: 112474 All provisjor s Of the Subgrant Agreernera and anyattachaienis thereto in coniflict with this Modification shall be and are hereby changed to confi-)rin to this Modificador�,effective as of the date of thee eCUta.on of 111Ks Modification by both parties. A1.1 provisions not in conflict 'with this Modification ternain in full force and effect an(.1 are to be perfornied at the level speciified in the Agreement. IN WITNESS WHETZE017, the Parties hereto have exeCL-Ited this (..'.1ocurnent as of the dates set herein. State of Florida Department of Commerce Recipient: Monroe County Narne. J. .Alex Kelly Name: Kevin Wilson Title: Secretary Tjtle. County.tic h-ninistrator Date: 5/15/2024 Date: April 12, 2024 ....................................... ................. Approved as tofonn and legal sofficicncy, subject only to the full an(]proper execLition MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM 1)),the Partics / Office of the General Counsel Florida DepartMCDt Of COMMefCC JOSEPH DINWO T IT COUNTY ATTORNEY DATE., 4-12,2024 jiy: ............... .. .............................. .............. 5/14/2024 Approved Date.. ..................................... 4