R26-053 RESOLUTION NO. R26-053
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO THE
3 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
4 MITIGATION PROGRAM SUBRECIPIENT AGREEMENT I0124 FOR FIRE
5 STATION NO. 2 HARDENING PROJECT BETWEEN THE CITY AND THE
6 STATE OF FLORIDA, DEPARTMENT OF COMMERCE, FORMERLY
7 KNOWN AS THE "DEPARTMENT OF ECONOMIC OPPORTUNITY";AND
8 FOR ALL OTHER PURPOSES.
9
10 WHEREAS, on December 8, 2021, the State of Florida, Department of Commerce
11 ("Commerce"), formerly known as the "Department of Economic Opportunity," and the City of
12 Boynton Beach, Florida ("Subrecipient") entered the Federally Funded Community Development
13 Block Grant Mitigation Program Subrecipient Agreement I0124 for Fire Station No. 2 Hardening
14 Project ("Agreement"), approved by Resolution No. R21-151, approved by the City Commission
15 on November 16, 2021; and
16 WHEREAS, on December 2, 2022,the parties entered Amendment No. 1 to the Agreement
17 amending Section 15 "Citizen Complaints" of the Agreement, approved by Resolution No. R22-
18 148, approved by the City Commission on October 18, 2022; and
19 WHEREAS, the parties desire to further amend the Agreement; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
21 best interests of the City's citizens and residents to approve Amendment No. 2 to the Federally
22 Funded Community Development Block Grant Mitigation Program Subrecipient Agreement I0124
23 for Fire Station No. 2 Hardening Project between the City and the State of Florida, Department of
24 Commerce, formerly known as the "Department of Economic Opportunity."
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
27 BEACH, FLORIDA, THAT:
28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption.
30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
31 approve Amendment No. 2 to the Federally Funded Community Development Block Grant
32 Mitigation Program Subrecipient Agreement I0124 for Fire Station No. 2 Hardening Project
RESOLUTION NO. R26-053
33 between the City and the State of Florida, Department of Commerce, formerly known as the
34 "Department of Economic Opportunity" (the "Amendment"), in form and substance similar to that
35 attached as Exhibit A.
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
37 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
38 ancillary documents required under the Agreement or necessary to accomplish the purposes of
39 the Agreement, including any term extensions as provided in the Agreement, provided such
40 documents do not modify the financial terms or material terms.
41 SECTION 4. The Mayor-executed Amendment shall be forwarded to Mirna Crompton
42 to obtain execution of the Amendment by Commerce. Mirna Crompton shall be responsible for
43 ensuring that one fully executed Amendment is returned to the City and provided to the Office of
44 the City Attorney for forwarding to the City Clerk for retention as a public record.
45 SECTION 5. This Resolution shall take effect in accordance with the law.
46 [SIGNATURES ON THE FOLLOWING PAGE]
47
RESOLUTION NO. R26-053
48 PASSED AND ADOPTED this 1 day of C. b 2026.
S
49 CITY OF BOYNTON BEACH, FLORIDA
50 YES NO
51 Mayor— Rebecca Shelton
52
53 Vice-Mayor—Thomas Turkin ✓
54
55 Commissioner—Angela Cruz ✓
56
57 Commissioner— Mack McCray ✓
58
59 Commissioner—Aimee Kelley
60
61 VOTE 5 0
62 ATTEST:
63
64 er//2071pS2 (91. Q-
65 Tammy Stantione, CMC Rebecca Shelton
66 Interim City Clerk Mayor
67
68 APPROVED AS TO FORM:
69 (Corporate Seal)
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72 7 D,p,RYU6� 'LF: Shawna G. Lamb
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73 MY COMMISSION • City Attorney
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Docusign Envelope ID: 500A02C6-4E91-4D74-BBF3-510151988CC5
Commerce Agreement Number: 10124
AMENDMENT TWO
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On December 8, 2021, the State of Florida, Department of Commerce ("Commerce"), formerly known as
the "Department of Economic Opportunity," and the City of Boynton Beach, Florida ("Subrecipient")
entered into agreement 10124 ("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 December 2, 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 Economic Opportunity was renamed 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. This Agreement is hereby reinstated as though it had not expired.
3. Section 3, Period of Agreement, is hereby deleted in its entirety and replaced with the following:
(3) Period of Agreement. This Agreement begins December 8, 2021, and ends December 7, 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.
4. Section (7)Audit Requirements, Subsection (a) is hereby deleted and replaced with the following:
(a) Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of
2 CFR part 200 if it expends one million dollars ($1,000,000) or more in Federal awards from all
sources during its fiscal year.
5. Section 15, Citizen Complaints, is hereby deleted in its entirety and replaced with the following:
(15) Citizen Complaints. The goal of Commerce is to provide an opportunity to resolve citizen
complaints in a timely manner, usually within fifteen (15) business days of the receipt of the
complaint as expected by HUD, if practicable, and to provide the right to participate in the process
and appeal a decision when there is reason for an applicant to believe its application was not handled
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Commerce Agreement Number: 10124
according to program policies. All applications, guidelines and websites will include details on the
right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
The Subrecipient will handle citizen complaints by:
(a) Conducting investigations, as necessary;
(b) Finding a resolution; or
(c) Conducting follow-up actions.
Program Appeals
Applicants may appeal program decisions related to one of the following activities:
(a) Aprogram eligibility determination;
(b) A program assistance award calculation; or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at
CDBG-DRPcommerce.fl.gov or by mail to the following address:
Attention: Office of Long-Term Resiliency
Florida Department of Commerce
107 East Madison Street
The Caldwell Building, MSC 420
Tallahassee, Florida 32399
HUD Complaints
If the complainant is not satisfied by the Subrecipient's determination or Commerce's response,then
the complainant may file a written appeal by following the instructions issued in the letter of
response. If the complainant has not been satisfied with the response at the conclusion of the
complaint or appeals process, a formal complaint may then be addressed directly to the regional
Department of Housing and Urban Development(HUD) at:
Department of Housing & Urban Development
Charles E. Bennet Federal Building
400 West Bay Street, Suite 1015
Jacksonville, FL 32202
Fair Housing Complaints
The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law
(The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated
against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275
(TTY) or www.hud.gov/fairhousing.
6. Section 28,Employment Eligibility Verification, is hereby deleted in its entirety and replaced with the
following:
A. E-Verify is an Internet-based system that allows an employer, using information reported on
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Commerce Agreement Number: 10124
an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States. There is no charge to employers to use E-
Verify. The Department of Homeland Security's E-Verify system can be found at:
https://www.e-verify.gov/.
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.
7. This Agreement is hereby amended to add the following:
(32) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
If applicable, and 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, Subrecipient 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.
(33) FOREIGN INFLUENCE
In accordance with section 286.101, F.S., if this Agreement has a value of $100,000 or more,
Subrecipient shall disclose to Commerce any current or prior interest of, any 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. Subrecipient represents that it is, and for
the duration of this Agreement will remain, in compliance with section 286.101, F.S.
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Docusign Envelope ID.500A02C6-4E91-4D74-BBF3-510151988CC5
Commerce Agreement Number: 10124
(34) HUMAN TRAFFICKING
If applicable, and 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.
If applicable, Subrecipient must provide Commerce with an affidavit signed by an officer or a
representative of Subrecipient under penalty of perjury attesting that Subrecipient does not use
coercion for labor or services as defined in section 787.06, F.S.
8. Attachment A, Project Description and Deliverables, is hereby deleted in its entirety and replaced
with the attached:
9. 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).
10. Attachment I, Audit Requirements, is hereby deleted in its entirety and replaced with the attached
Attachment I —Audit Requirements.
11. Attachment J,Audit Compliance Certification, is hereby deleted in its entirety and replaced with the
attached Attachment J-Audit Compliance Certification.
12. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
Remainder Left Intentionally Blank
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Docusign Envelope ID:500A02C6-4E91-4D74-BBF3-510151988CC5
Commerce Agreement Number: 10124
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number 10124,as amended.This Amendment is effective on the date
the last Party signs this Amendment.
CITY OF BOYNTON BEACH, FLORIDA FLORIDA DEPARTMENT OF COMMERCE
SIGNED: SIGNED:
REBECCA SHELTON J.ALEX KELLY
MAYOR SECRETARY
DATE: DATE:
CAdI -' \ -1 . ,Qb /5Q
Approved as to form and legal sufficiency, subject
CITY ATTORNEY'S OFF CE only to full and proper execution by the Parties.
Approved tao`f�o ►nd 1
By:
OFFICE OF GENERAL COUNSEL
FLORIDA DEPARTMENT OF COMMERCE
i:reoY
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.-1PORq• 61i By:
SEAApproved Date:
: INCORPORATED: f
1920
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Docusign Envelope ID.500A02C6-4E91-4D74-BBF3-510151988CC5
Commerce Agreement Number: 10124
Attachment A—Project Description and Deliverables
1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD)
announced the State of Florida, Department of Commerce (Commerce) would receive $633,485,000 in funding
to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community
Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis
targeting HUD designated Most Impacted and Distressed (MID)Areas, primarily addressing the Benefits to Low-
to-Moderate Income(LMI) National Objective.Additional information may be found in the Federal Register,Vol.
84, No. 169.
In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida
communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000.
(86 FR 561).
This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under
this program must harden critical buildings that serve a public safety purpose for local communities. Critical
buildings include:
1. Potable water facilities
2. Wastewater facilities
3. Police departments
4. Fire departments
5. Hospitals
6. Emergency operation centers
7. Emergency shelters
2. PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Five Hundred Seventy-One
Thousand Six Hundred and Eleven Dollars and Zero Cents ($571,611.00) in CDBG-MIT (Community
Development Block Grant—Mitigation)funding to harden the City of Boynton Beach's Fire Rescue Station No. 2.
Activities to mitigate wind damage include:
A. Replace the eight (8) existing roll-up doors at Fire Rescue Station No. 2 with four (4) fold doors and
four(4) new roll-up doors.
B. Replace strapping of the current HVAC equipment to the concrete slab. All strapping should conform
to the wind load requirements of ASCE07-10 for a 170-mph wind speed building rick category IV,
exposure C.
This project satisfies the Low-to-Moderate (LMI) National Objective as the area of benefit population has an LMI
of 51.14%. The city will contribute $26,474.00 in-kind staff support for a total project cost of$598,085.00. The
team overseeing the project includes the City Manager, Public Work Director, City Engineer, Fire marshal, Project
Manager, Purchasing Manager, and selected contractor(s).
3. SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit the following items to Commerce within thirty (30) calendar days of execution
of the agreement:
1. Organizational chart with contact information.
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2. Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. If
staffing changes,there must be a submittal stating the names and job descriptions on the
monthly report deadline.
3. Attachment B, Project Budget— Develop and submit to Commerce a detailed budget for
implementation of the project.
4. Attachment C, Activity Work Plan— Develop and submit to Commerce a detailed timeline for
implementation consistent with the milestones outlined in the Mitigation Program Guidelines.
Should any changes to the organizational chart, Attachment B or Attachment C be deemed necessary,
an updated plan must be submitted to Commerce with your monthly report for review and approval
by the Commerce Grant Manager.
B. Develop and submit a copy of the following policies and procedures to the Commerce Grant Manager
for review and approval within thirty (30) calendar days of Agreement execution. The Commerce
Grant Manager will provide approval in writing prior to the policies and procedures being
implemented.
a. Procurement policies and procedures that incorporate 2 CFR 200.317-327.
b. Administrative financial management policies, which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
c. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDGB-MIT and Commerce policies.
d. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the
subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring
is conducted, the frequency of monitoring policy, and which items will be monitored, and
procedures for referring instances of fraud, waste and abuse to HUD IOG Fraud Hotline
(phone: 1-800-347-3735 or email hotlinePhudoie.eov).
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— Engineering Services
Subrecipient shall:
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1. Obtain architectural and structural construction documents including drawings and specifications such
as shop drawings, submittals, reviews for roof replacement, light pole installation and HVAC tie down
strapping.
B. Deliverable 2—Construction
Subrecipient shall hire Florida licensed contractor to:
1. Replace the eight (8) existing roll-up doors at Fire Rescue Station No. 2 with four(4) fold doors and four
(4) new roll-up doors.
2. Replace strapping of the current HVAC equipment to the concrete slab. All strapping should conform to
the wind load requirements of ASCE07-10 for a 170-mph wind speed building rick category IV, exposure
C.
5. DELIVERABLES:
Subrecipient agrees to provide the following services as specified:
Deliverable No. 1—Engineering Services
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall complete task as Subrecipient may request Failure to complete the Minimum
detailed in Section 4.A. 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.A of this deliverable for each payment
Scope of Work, evidenced by request.
submitting 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. 1 Cost: $32,383.00
Deliverable No. 2-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.B 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.B of this Scope of Work in the deliverable for each payment
following increments: 10%, 20%, request.
30%, 40%, 50%, 60%, 70%, 80%, 90%,
and 100%, evidenced by submittal of
the following documentation:
1. AIA forms G702 and G703, or
similar accepted Commerce
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Commerce Agreement Number: 10124
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 2 Cost: $539,228.00
TOTAL PROJECT COST NOT TO EXCEED $571,611.00
COST SHIFTING: The deliverable amounts specified within the Eligible Tasks and Deliverables section 5 tables
above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreement Period; however, this is not
intended to restrict Commerce's ability to approve and reimburse allowable costs Subrecipient incurred
providing the deliverables herein. Prior written approval from Commerce's Grant Manager is required for
changes to the above Deliverable amounts that do not exceed 25% of each deliverable total funding
amount. Changes that exceed 25% 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 (21) of this Agreement, the Subrecipient
and its subcontractors may only expend funding under this Agreement for allowable costs resulting from
obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not
limited to, the Reference Guide for State Expenditures (https://www.mvfloridacfo.com/docs-
sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf).
A. Subrecipient shall provide one invoice per month for services rendered during the applicable period
of time as defined in the deliverable table. In any month in which deliverables have not been
completed, the Subrecipient will provide notice that invoicing will not 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;
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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.5., 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
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.
" Remainder Left Intentionally Blank"
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Attachment I—Audit Requirements
The administration of resources awarded by Commerce to the Subrecipient 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 Subrecipient 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 Subrecipient is appropriate, the Subrecipient agrees to comply with any additional
instructions provided by Commerce staff to the Subrecipient regarding such audit. The Subrecipient 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 Subrecipient 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 Subrecipient expends $1,000,000 or more in federal awards in its fiscal year, the
Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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)
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Commerce Agreement Number: 10124
organizations, the pass-through entity has an obligation to ensure that for-profit Sub-subrecipients that
expend $1,000,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R.
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:
https://harvester.census.gov/facweb/Resources.aspx
PART II: STATE FUNDED.
This part is applicable if the Subrecipient is a non-state entity as defined by section 215.97(2), F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in
excess of$750,000 in any fiscal year of such Subrecipient, the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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
Subrecipient's resources obtained 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
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Commerce Agreement Number: 10124
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
PART I of this Exhibit Agreement shall be submitted by or on behalf of the Subrecipient 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: FMA-RWB@commerce.fl.rgov
B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as
revised, electronically at: https://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 Subrecipient 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 II of this Agreement shall be submitted by or on
behalf of the Subrecipient directly to each of the following:
A. Commerce at the following address:
Electronic copies: Audit@commerce.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 localgovt@aud.state.fl.us
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.
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Commerce Agreement Number: 10124
5. Subrecipients and Sub-subrecipients, 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 Subrecipient/Sub-subrecipient in correspondence accompanying the
reporting package.
PART V: RECORD RETENTION.The Subrecipient 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 six(6)state
fiscal years after all reporting 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 Subrecipient shall ensure that audit working papers are made
available to Commerce, or its designee, CFO, or Auditor General upon request for a period of six (6) years from
the date the audit report is issued, unless extended in writing by Commerce.
Remainder Left Intentionally Blank^'
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Commerce Agreement Number: 10124
Attachment J -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
audit@commerce.fl.gov.
Subrecipient:
FEIN: Subrecipient's Fiscal
Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Subrecipient 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 Subrecipient 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 Subrecipient 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 n No
If yes,the Subrecipient 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 Subrecipient 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 Subrecipient and Commerce? ❑ Yes ❑ No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did the Subrecipient 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 Subrecipient 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 Subrecipient,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
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