09/30/2011 Agreement r `':
Rick Scott Doug Darling
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTM ENT e
ECONOMIC OPPORTUNITY
October 7, 2011
The Honorable Heather Carruthers
Mayor, Monroe County
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Carruthers:
We are pleased to return your executed CDBG Award Agreement with the Department of
Community Affairs (DCA). The Agreement must be retained in your official CDBG files and made
available for public review upon request. Please note the following instructions before beginning your
project:
• Do not incur or obligate more than $5,000 in expenses until you complete an environmental
review of the project and receive a release of funds notice from the Department. You may incur
up to $5,000 in administrative costs to cover the environmental review and other start-up activities.
• Your contract contains performance related Program Conditions (Attachment J) that must be met
before funds for construction may be drawn. Special Conditions, if applicable, are also reflected in
Attachment J. Review your contract immediately and begin the process of meeting applicable
program or special conditions.
• Your contract also contains important information on reports that must be submitted periodically (see
attachment D). Forms for the reports can be found on the Department's Web site. Also, the
Department cannot process a payment request for an amount less than $5,000 (unless it is the final
payment).
We look forward to working with you and will provide technical assistance upon request. If you
have questions about your grant, please contact the DCA staff member responsible for monitoring your
grant.
Sincerely,
Bob Dennis
Community Program Manager
BD /j ph
Enclosures
cc: Ms. Elizabeth Wood, Senior Administrator
Mr. Pedro J. Mecado, P.A., Monroe County Attorney
Ms. Deanna Lloyd, Project Coordinator, Meridian CSG
The Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399 -4120
850.245.7105 TTY /TDD 1- 800 - 955 -8771 Voice 1- 800 - 955 -8770 FloridaJobs.org
An equal opportunity employer /program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone
numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.
ATTACHMENT C-1 - Grants/Sul lints
.EPARTMENT OF COMMUNITY AN"FAIRS
Grant/Grant and Aid Suhgrant Routing Sheet
DCA Contract/GrantNumber: 12DB-05-11-54-01-H 15 Mod#: N/A Date Initiated:
Project Manager/Contact Pers P trick Ho, d/Colleen Matthews
Phone:
Division Approval: el A —
Date: Date Div.Director
Subgrantee/Funding Source: Monroe C unty Received:
Effective Dates: 21 a> t
Amount: $750,000.00
Type of Agreement: A)Grant B)G&A Subgrant Agreement
X
C)Loan Agreeement D)Other(explain)
Routing:
First Review-Fiscal Mgmt: Dat
Date ede d•
Fiscal Mgmt Signature: ::First Review-Legal: _
4Q Date Re eived
Date Re ieweed•
Legal Signature: 3U
First Review-Grants:
Date eceive
Date R viewed:
Grants Signature:
Second Review-Fiscal Mgmt: Date Received:
Date Reviewed:
Fiscal Mgmt Signature:
Second Review-Legal: — Date Received:
Date Reviewed:
Legal Signature:
Second Review-Grants:
Date Received:
Date Reviewed:
Grants Signature:
Distribution: 1-Division/Bureau with Original Agreement 2-Grants with Original Agreement 3-Fiscal Mgmt with Copy of Agreement
1
RESOLUTION NO. 301 , 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE SUBMISSION OF A GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM,
AUTHORIZING THE MAYOR AND/OR COUNTY
ADMINISTRATOR TO EXECUTE THE APPLICATION,
AWARD AGREEMENT, PROGRAM DOCUMENTS,
REPORTS, AND CLOSE OUT DOCUMENTATION
WHEREAS, the Florida Small Cities Community Development Block Grant (CDBG) program is a
competitive grant program administered by the Florida Department of Community Affairs (DCA) that
address critical housing and infrastructure needs of the elderly, disadvantaged, and low to moderate
income populations; and
WHEREAS, Monroe County is eligible to apply to DCA for funding from the Small Cities Community
Development Block Grant program; and
WHEREAS, Monroe County has identified a need for physical housing improvements to benefit low-to-
moderate income persons; and
WHEREAS, the Board of County Commissioners of Monroe County conducted a first Public Hearing
on May 19, 2010, to obtain citizen input as to the type of grant application that it should submit to the
DCA under the FFY 2009 Small Cities CDBG Program; and
WHEREAS, the Board of County Commissioners of Monroe County conducted a second Public
Hearing on June 16, 2010, to allow citizens to review and comment on a proposed 2009 Small Cities
CDBG Housing Rehabilitation grant application; and
WHEREAS, as a result of the second public hearing, the Commission agreed to submit a 2009 Small
Cities CDBG Application;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe
County, Florida, that the County hereby:
1. Authorizes the submission of FFY2010 Small Cities Community Development Block
Grant application to the Florida Department of Community Affairs;
2. Authorizes the Mayor and/or County Administrator to execute the application, award
agreement, program documents and reports including close -out documentation; and
3. Adopts the County's Comprehensive Plan as the County's Community Development Plan;
This Resolution shall go into effect immediately upon its passage and adoption by the signatures of
the Commission and the Clerk of the Commission.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 20th day of October, 2010.
Mayor Sylvia Murphy Yes
r'(•) t., Mayor Pro Tem Heather Carruthers Yes
O mmissioner Mario DiGennaro Yes
�` ' % mmissioner Kim Wigi Yes
,i mmissioner George Neugent Yes
y q
� r
r L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE CO r FLORIDA
B F
By:
Deputy Clerk S via M • hy, Mayor
Approved as to legal sufficiency: -.- =
S .1 (k County Attorney
Date: /0/0
1 ) 2 f71
TI
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(, •• O
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t0 O
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: 12DB- C5- 11- 54 -01 -H 15 CFDA Number: 14.228
Rule Chapter: 9B -43, Florida Administrative Code
Effective: June 6, 2010
FFY 2010 FEDERALLY - FUNDED SUBGRANT AGREEMENT
Housing Rehabilitation
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Monroe County (hereinafter
referred to as the "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A,
the Activity Work Plan, Attachment I of this Agreement and the Florida Small Cities Community Development
Block Grant (CDBG) Application submitted by the Recipient on November 16, 2010, including future amendments
to this Subgrant Agreement that are agreed upon by both parties.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the
last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension.
Rev. 3/23/2011 1
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPING
(;a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB
Circular No. A -102, "Common Rule: Uniform Administrative Requirements for State and Local Governments" or
OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments,"
OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost
Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for - profit) organization on a
cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of six years from the date the audit report
is issued, unless extended in writing by the Department. The six year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the six year period expires, and extends
beyond the six year period, the records shall be retained until all litigation, claims or audit fmdings involving the
records have been resolved.
2. Records for the disposition of non - expendable personal property valued at $5,000 or more at
the time it is acquired shall be retained for six years after fmal disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
Rev. 3/23/2011 2
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
Id) If the Recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised, and in the event that the Recipient expends $500,000 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 OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A -133,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A -133, as
revised, by or on behalf of the Recipient to:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
[also send an electronic copy to aurilla.parrish @dca.state.fl.us]
and
Department of Community Affairs
Florida Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission
online at:
http://harvester.census.gov/fac/collect/ddeindex.html
and to any other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB
Circular A -133, as revised.
Rev. 3/23/20A 1 3
(f) Pursuant to Section .320 (0, OMB Circular A -133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter
issued by the auditor, to the Department at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
[also send an electronic copy to aurilla.parrish @dca.state.fl.usl
and
Department of Community Affairs
Florida Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non - compliance.
(j) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with quarterly reports and a close -out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department.
(b) Quarterly reports are due to the Department no later than 15 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close -out report. The ending
dates for each quarter of the program year are March 31, June 30, September 30 and December 31.
(c) The close -out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever first occurs.
Rev. 3/23/2011 4
I;d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by the
Department.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to
this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit of the
Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Department 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 Florida Chief Financial Officer or Auditor
General. In addition, the Department will monitor the performance and fmancial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
Rev. 3/23/2011 5
(10) DEFAULT
1 f any of the following events occur ( "Events of Default "), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the fmancial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the extent of
non - compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible;
(0 Exercise any other rights or remedies which may be otherwise available under law.
Rev. 3/23/2011 6
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
(12) TERMINATION
( a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set -off until the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address
set forth below or said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Patrick Howard, Financial Specialist
Florida Small Cities CDBG Program
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: 850/922 -1880 - Fax: 850/922 -5609
Email: Patrick.Howard @dca.state.fl.us
Rev. 3/23/2011 7
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Ms. Elizabeth Wood, Senior Administrator, Wastewater
Monroe County
1100 Simonton Street
Key West, Florida, 33040
Telephone: 305/292 -4525 - Fax: 305/295 -4321
Email: Wood- Liz @,monroecounty-fl.gov
d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for approval. The Recipient agrees to include in the subcontract
that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable
state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,
to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's
progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
® Exhibit 1 - Funding Sources
® Attachment A — Budget and Scope of Work
• Attachment B — Program Statutes and Regulations
❑ Attachment C — Recordkeeping (N /A)
® Attachment D — Reports
❑ Attachment E — Justification of Advance (N /A)
• Attachment F — Warranties and Representations
• Attachment G — Certification Regarding Debarment
❑ Attachment H — Statement of Assurances (N /A)
® Attachment I — Activity Work Plan
® Attachment J — Program and Special Conditions
• Attachment K — Civil Rights Compliance Assurance
® Attachment L — Signature Authorization Form
Rev. 3/23/201i 1 8
(17) FUNDING /CONSIDERATION
(a) The funding for this Agreement shall not exceed $750,000.00, subject to the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement, and the Subgrant Application.
(c) All funds shall be requested in the manner prescribed by the Department. The authorized
signatory for the Recipients set forth on the Signature Authorization Form, Attachment K to this Agreement, must
approve the submission of each Request for Funds (RFFs) on behalf of the Recipient.
I:d) Pursuant to 24 C.F.R. Section 570.489(b), pre - agreement costs reflected in the Subgrant
Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible
costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of the
Agreement.
(e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,
except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the
Department agrees to their eligibility, fundability, or addition to the Agreement, or a separate letter authorizing such
costs, are ineligible for funding with CDBG funds.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19Xh) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs" and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Fiscal Management
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %)
of the face amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
Rev. 3/23/201.1 9
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
I;d) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original.
I; e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336,
42 U.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, state and local government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a 5 -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and
4. have not within a 5 -year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
Rev. 3/23/2011 10
In addition, the Recipient shall send to the Department (by e-mail or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida'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, Fla.
Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department's obligation to pay
the contract amount.
(m) The State of Florida will not intentionally award publicly - funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
Rev. 3/23/2011 11
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre- existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise.
i(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
Rev. 3/23/2011 12
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Rev. 3/23/2011 13
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number: 12DB- C5- 11- 54 -01 -H 15
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month,
and year set forth below.
MONROE COUNTY DEPARTMENT OF COMMUNITY AFFAIRS
By: / .40 , i? Date: 1I I 11 B 144". Date: 5 "I
(Au orized signature) (Authorized Signatur
Nam . Heathe Ca ers Name: Ken Reecv
T le: Mayor Title: Director, Division of Housing
and Community Development
Federal Tax [DO: 59- 6000749
DUNS #: 073 876757
�� E OUN
A►p. •
MO .� RO ED � � j � " EY
l /
- . - : = CADO
TANT • • UNTY ATTORNEY , "(7/ (
Date
Rev. 3/23/2011 14
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Separately list the following information for each federal program from which the resources awarded to the
Recipient originate:
Florida Small Cities Community
Development Block Grant Program
Federal agency U.S. Department of Housing and Urban
Development
Catalog of Federal Domestic Assistance title: Community Development Block
Grants /State's Program and
Nonentitlement Grants
Catalog of Federal Domestic Assistance #: 14.228
Award amount: $750,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc.) and sped to which federal program each requirement applies:
Compliance Requirement Program
1. The Recipient will fully perform the obligations in accordance with the Small Cities CDBG
Budget and Scope of Work, Attachment A of this Agreement, the subgrant
application incorporated herein by reference, and 24 C. F. R, Subpart 1,
Sections 570.480 — 570.497.
2. The Recipient shall be governed by 290.401 -409, F.S., Rule 9 B -43, F.A.C.
and Federal Laws, rules and regulations, including but not limited to those
identified in Attachments B and J.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect
to use language that requires the Recipient to comply with the requirements of applicable provisions of specific
laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must
comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how
eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the
specific law, rule, or regulation referred to.
Rev. 3/23/2011 15
NOTE: For federal programs included in Exhibit I, Section .400(d) of OMB Circular A -133, as revised, and for
state projects included in Exhibit 1, Section 215.97(5)(a), Florida Statute requires the information in Exhibit 1 to be
provided to the Recipient.
Rev. 3/23/201 1 16
ATTACHMENT A
Scope of Work and Budget
Rev. 3/23/2011 17
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ATTACHMENT B
State and Federal Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that it will comply with the following
applicable federal and state requirements:
State and Federal Statutes and Regulations
1. Community Development Block Grant, 24 CFR 18. Florida Coastal Zone Protection Act, §161.52- 161.58,
Part 570, Subpart I; F.S.;
2. Florida Small and Minority Business Act, §288.702- 19. Reservoir Salvage Act;
288.714, F.S.; 20. Safe Drinking Water Act of 1974, as amended;
3. Administrative Requirements for Grants, 24 CFR 21. The Federal Water Pollution Control Act of 1972, as
Part 85; amended (33 USC, §1251 et.seq.);
4. Local Government Comprehensive Planning and Land 22. Clean Water Act of 1977;
Development Regulation Act, Chapter 163, F.S.; 23. Davis - Bacon Act - sets requirement for paying
5. Title I of the Housing and Community Development prevailing wages on Federally funded projects;
Act of 1974, as amended; 24. Contract Work Hours and Safety Standards Act of
6. Treasury Circular 1075 regarding drawdown of CDBG 1962, 40 USC §327 et. seq.;
funds; 25. The Solid Waste Disposal Act, as amended by the
7. Sections 290.0401- 290.049, F.S.; Resource Conservation and Recovery Act of 1975
8. Rule Chapter 9B -43, Fla. Admin. Code; (42 USC, §6901 et. seq.);
9. Department of Community Affairs Technical 26. Architectural Barriers Act of 1968, 42 USC 4151;
Memorandums; 27. Cost - Effective Energy Conservation Standards,
10. HUD Circular Memorandums applicable to the Small 24 CFR Part 39;
Cities CDBG Program; 28. Federal Fair Labor Standards Act, 29 USC, §201 et.
11. Single Audit Act of 1984; seq.;
12. Environmental Review Procedures 24 CFR Part 58; 29. Uniform Relocation Assistance and Real Property
13. Environmental Criteria and Standards 24 CFR Part 51; Acquisition Policies Act of 1970, P.L., 100 -17, and
14. Floodplain /Wetland Management 24 CFR Part 55 and 49 CFR Part 24;
Executive Orders 11988 (Floodplain Management) 30. Copeland Anti- Kickback Act of 1934;
and 11990 (Protection of Wetlands); 31. Hatch Act of 1939, as amended;
15. National Environmental Policy Act of 1969 and other 32. Title IV Lead -Based Paint Poisoning Prevention Act
provisions of law which further the purpose of this act; (42 USC, § 1251 et. seq.);
16. National Historic Preservation Act of 1966 (Public 33. OMB Circulars A -87, A -102, A -122, and A -133, as
Law 89 -665) as amended and Protection of Historic revised;
Properties (24 CFR Part 800) and other provisions of 34. Section 102 of the Department of Housing and Urban
law which further the purpose of this act; Development Reform Act of 1989 and 24 CFR Part 12.
17. Preservation of Archaeological and Historical Data
Act of 1966;
Rev. 3/23/2011 19
ATTACHMENT C
Recordkeeping
N/A
Rev. 3/23/201 1 20
ATTACHMENT D
Reports
The following reports must be completed and submitted to the Department in the time frame indicated. Failure to
timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15
annually. The form must reflect all contractual activity for the period. If no activity has taken place during the
reporting period, the form must indicate "no activity".
2. A Quarterly Progress Report must be submitted to the Department fifteen (15) days after the end of the quarter
on the report form provided by the Department: April 15, July 15, October 15 and January 15.
3. The Administrative Closeout Package must be submitted to the Department forty -five (45) days after the
Agreement termination date.
4. In accordance with OMB Circular A -133, revised, should the Recipient meet the threshold for submission of a
single or program specific audit, the audit must be conducted in accordance with OMB Circular A -133 and
submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the
Recipient did not meet the audit threshold, a certification must be provided to the Department no later than nine (9)
months from the end of the Recipient's fiscal year.
5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually. The
form must be used to report annual accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet Section 3 requirements.
6. Request for Funds must be submitted as required by the Department of Community Affairs.
Rev. 3/23/2011 21
ATTACHMENT E
Justification of Advance Payment
N/A
Rev. 3/23/2011 22
ATTACHMENT F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall
be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected if there is a sound, documented reason [See 24 CFR §85.36(d)(2)(ii)E].
Rev. 3/23/201 1 23
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,
but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
Rev. 3/23/2011 24
ATTACHMENT G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
(Sub - Contractor's Name) (Recipient's Name)
Date:
(Authorized Signature)
(Print Name and Title) (DCA Contract Number)
(Street Address)
(City, State, Zip)
Rev. 3/23/2011 25
ATTACHMENT H
Statement of Assurances
N/A
Rev. 3/23/2011 26
ATTACHMENT I
Activity Work Plans
Rev. 3/23/201 1 27
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ATTACHMENT J
Program, Category Specific, and Special Conditions
1. The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the contracted budget/activity line items as defined on Attachment A
(Budget and Scope of Work) and Attachment I (Work Plans).
2. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application
preparation costs outlined in the original Sub -grant Application submitted to the Department, unless pre -
agreement costs were approved in writing by the Department.
3. For each procured and executed professional services contract for which CDBG funding will be requested, the
Recipient: shall submit a cove of the following procurement documents:
a. When publication of the RFP is used as a means of solicitation, a copy of the advertisement, including an
affidavit of publication;
b. List of entities to whom a notification of the request for proposals was provided by mail or fax (if
applicable);
c. For engineering contracts, a list of firms that submitted a proposal (only if short- listing procedure was
used);
d. Completed short- listing evaluation/ranking forms, including any ranking summary document, and
document transmitting the short- listed firms to the commission (only if short- listing procedure used);
e. Completed and signed final evaluation/ranking forms;
f. Commission minutes approving contract award;
g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not
submitted with proposals);
h. Contract (signed or proposed);
i. Truth -in- Negotiation certification (if not in the contract) for engineering contracts over $150,000;
j. If a protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one firm was considered
and the contract exceeds $25,000. Additionally, the Recipient shall not enter into a contract to be paid with
CDBG funds based on a sole source or single proposal procurement without prior written approval from the
Department. Failure to secure prior written approval shall relieve the Department of any obligation to fund
the said procurement contract. Any previous payments to the Recipient to fund said contract shall be
ineligible and shall be repaid to the Department by the Recipient.
I. If a regional planning council or local government is performing administration services, the Recipient
shall submit only a copy of the contract and cost analysis information; and
m. If professional services procurement will not be undertaken, advise the Department in writing no later than
90 days from the effective date of this agreement.
4. Prior to the obligation or disbursement of any funds, except for administrative expenses for all subgrants other
than Economic Development subgrants, not to exceed five thousand dollars ($5,000), and for Economic
Development Grants, not to exceed eight thousand dollars ($8,000), but in any case, no later than ninety (90)
days from the effective date of this Agreement, the Recipient shall complete the following:
Rev. 3/23/2011 29
a. Submit and obtain the Department's approval of the documentation required in paragraph 3 above for any
professional services contract. The Recipient proceeds at its own risk if more than the specified amount is
incurred before the Department approves the procurement. If the Department does not approve the procurement
of a professional services contract, the local government will not be able to use CDBG funds for that contract
beyond $5,000 ($8,000 for Economic Development).
b. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I
Community Development Block Grant Programs and 40 C.F.R. Section 1500 -1508, National
Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the
Department, the Department will issue a Notice of Removal of Environmental Conditions.
5. The Recipient shall obtain approval from the Department prior to requesting CDBG funds for engineering
activities and costs which are additional engineering as defined in Rule 9B- 430031(1), Florida Administrative
Code.
6. Should the recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA), the Recipient shall document completion of the acquisition by
submitting all documentation required for a desk monitoring of the acquisition, including notice to property
owners of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner,
acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as
applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that the
Department can determine whether remedial action may be needed.
7. The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding $15,000, provide to
the Department a copy of all engineering specifications and construction plans, if required, for the activities
described in the Agreement. The Recipient shall also furnish the Department, prior to soliciting bids or
proposals, a copy of bid documents for services and/or materials to provide those services and/or materials for
construction activities when the bids are expected to exceed $25,000. Additionally, the Recipient shall not
publish any request for bids for construction purposes or distribute bid packages until the Department has
provided its written acceptance of the engineering specifications, construction plans, and bid documents.
8. The Recipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to
24 C.F.R. Section 570.487(b)(4).
9. All leveraged funds shall be expended concurrently and, to the extent feasible, proportionately with the
expenditure of CDBG funds for the same activity. The Recipient shall document the expenditure of leveraged
funds required for the points claimed in the application as it may have been amended through the completeness
process and as reflected on Attachment A of this Agreement. Except for the CDBG portion of the cost of post -
administrative closeout audits, all funds claimed for leverage shall be expended after the date of site visit and
prior to submission of the administrative closeout.
10. The resulting product of any activity funded under this Agreement as amended shall be ineligible for
rehabilitation or replacement with CDBG funds for a period of five (5) years.
11. A deed restriction shall be recorded on any real property or facility, excluding easements, acquired with CDBG
funds. This restriction shall limit the use of that real property or facility to the use stated in the sub -grant
application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public
records in the Clerk of Court of the county in which the real property is located. Any future disposition of that
real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in
accordance with 24 C.F.R. Section 570.489(j).
12. For structures constructed prior to 1978, the Recipient shall provide that appropriate abatement procedures will
be undertaken should lead -based paint be found on a structure scheduled for rehabilitation in whole or in part
with CDBG funds and that the owners and/or occupants of the building will be advised:
a. The property may contain lead -based paint;
b. The hazards of lead -based paint;
Rev. 3/23/2011 30
c. The symptoms and treatment of lead poisoning;
d. The precautions to be taken to avoid lead -based paint poisoning (including maintenance and removal
techniques for eliminating such hazards);
e. The need for and availability of blood lead -level screening for children under seven years of age; and
13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to Section 102(b), Public Law 101 -235, 42 U.S.C. Section 3545, the Recipient shall update and submit
Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which
would require that updates be prepared. The Recipient must disclose:
a. All developers, contractors, consultants, and engineers involved in the application or in the planning,
development, or implementation of the project or CDBG funded activity; and
b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or ten
percent (10 %) of the grant, whichever is less.
15. A final Form HUD 2880, if required, shall be provided to the Department with the request for administrative
closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g).
Conflicts of interest relating to acquisition or disposition of real property; CDBG financial assistance to
beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall
be addressed pursuant to 24 C.F.R. Section 570.489(h).
17. Any payment by the Recipient using CDBG funds for acquisition of any property, right -of -way, or easement
that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378
shall be approved in writing by the Department prior to distribution of the funds. Should the Recipient fail to
obtain Department pre - approval, any portion of the cost of the acquisition exceeding Fair Market Value shall
not be paid or reimbursed with CDBG funds.
18. The Recipient shall take photographs or video of all activity locations prior to initiating any construction. As
the construction progresses, additional photography or videography shall document the ongoing improvements.
Upon completion of construction, final documentation of the activity locations will be provided to the
Department with administrative closeout documents.
19. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon
completion by a licensed professional as meeting the specifications of the design, as may have been amended by
change orders. The date of completion of construction shall be noted as part of the certification. This
certification shall be accomplished prior to submission of an administrative closeout package and a copy of the
certification shall be submitted with the administrative closeout package.
For Housing Rehabilitation Grants Only
1. The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting in
the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the
Flood Disaster Protection Act of 1973. This documentation must address such things as elevation requirements,
erosion, and water, sewage, or septic tank requirements. Each structure located within a floodplain that is
rehabilitated to any extent with CDBG funds shall be insured under the National Flood Insurance Program until
at least submission of the administrative closeout package.
2. The Recipient must comply with the Housing Assistance Plan (HAP) that was provided to the Department as
part of the application process. The Recipient agrees that this Housing Assistance Plan will be followed unless
waived by the governing body. Department approval is required for HAP revisions made after application
deadline.
Rev. 3/23/2011 31
3. Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors licensed by the
State of Florida, Department of Business and Professional Regulation.
4. Change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or
her representative, the contractor, and a representative of the local government prior to initiation of work based
on that change order.
5. To document completion of construction, each housing unit case file shall contain the following information:
a. A statement from the contractor that all items on the initial work write -up and those modified through
change orders are complete;
b. An acknowledgment that the housing unit meets the applicable local code and Section 8 Housing Quality
Standards, signed and dated by the local building inspector and the local government's housing
rehabilitation specialist; and
c. A signed statement by the housing unit owner or his or her representative that the work has been completed
based on the work write -up and change orders. Should all requirements be fulfilled and the homeowner or
his or her representative refuses to acknowledge completion of the work, the housing unit case file shall be
documented with a statement detailing the stated reason for said refusal.
6. The following data will be provided by housing unit as part of the administrative closeout for each activity
providing direct benefit (i.e., housing rehabilitation, temporary relocation, hookups, etc.) and summarized by
activity and submitted with the administrative closeout package:
a. Name of each recipient and address of each housing unit rehabilitated with CDBG funds, the date the
construction was completed on the housing unit, and the amount of CDBG and non -CDBG funds spent on
that housing unit;
b. Whether the household head is female, the number of handicapped persons in the household, the number of
elderly persons in the household, and the LMI or VLI status of the household;
c. The number of occupants in the household, categorized by gender; and
d. The racial demographics and ethnicity of the household by number (white, African American, American
Indian or Alaskan Native, Native Hawaiian Pacific Islander, American Indian or Alaskan Native and white,
Asian and white, African American and white, American Indian/Alaskan Native and African American,
other multi - racial or Hispanic).
7. If homes to be rehabilitated with CDBG grant funds will be selected from an existing list of SHIP applicants
rather than a public notice soliciting applications, the homes from the SHIP applicants list shall be prioritized
using the ranking procedure established in the CDBG Housing Assistance Plan. The ranking procedure will be
reviewed during monitoring and compared to the list of homes rehabilitated.
Special Conditions
1. The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion.
Within 180 days of the subgrant award, the Recipient shall complete the following activities:
a. Submit the environmental assessment for review and obtain the release of funds;
b. Request approval for all professional service contracts;
c. Submit an initial request for funds for administration, if applicable;
d. Request wage decision(s) for anticipated construction activities;
e. For Housing subgrants, beneficiaries shall be identified; and
f. For Commercial Revitalization subgrants, identify all facades to be renovated.
Rev. 3/23/2011 32
If the Recipient does not comply with all applicable criteria listed above, a justification for the delay and a plan
for timely accomplishment must be submitted to the Department. The Department shall rescind any subgrant
for which the Recipient has not completed activities a -f if it cannot provide adequate justification for the delay.
2. If necessary, The Recipient shall retain sufficient administration funds to ensure Internet access, including
email, for the duration of the contract, including any time extensions. If the Recipient does not already have a
computer designated to the person responsible for grant oversight, which is located in the program office and
capable of Internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer
to allow Internet access.
Rev. 3/23/2011 33
ATTACHMENT K
Civil Rights Compliance Assurance
Fair Housing
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it will "affirmatively further fair housing" in its community. A recipient shall demonstrate its
commitment to affirmatively further fair housing by implementing the actions listed below.
Each recipient shall do the following:
1) Have in place a fair housing resolution or ordinance that covers all federally protected classes [race, color,
familial status, handicap, national origin, religion, and sex];
2) Publish quarterly a phone number that people can call to ask fair housing questions or register a complaint;
3) Designate an employee who is available Monday through Friday during regular business hours to receive
fair housing calls;
4) Establish a system to record the following:
a) The nature of the calls,
b) The actions taken in response to the calls,
c) The results of the actions taken, and
d) The end results of referrals to other agencies, when applicable;
5) Conduct at least one fair housing activity each quarter (See examples below.), and
6) Display a fair housing poster in the CDBG Office.
The fair housing contact person is expected to have received training so that they can handle fair housing phone
inquires or to refer the inquiries to the appropriate people /agencies. Records maintained by the contact will help the
community do the following:
1) Define where discriminatory practices are occurring,
2) Help the community measure the effectiveness of its outreach efforts, and
3) Provide the community with a means to gain information that can be used to design and implement
strategies that will eliminate fair housing impediments.
Examples of fair housing activities include the following:
• Presentations at schools, civic clubs, and neighborhood associations,
• Distributing fair housing materials at libraries, fairs, and businesses,
• Print a fair housing notice on utility bills mailed to residents, and
• Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company
employees, insurance agents, and apartment complex owners.
Recipients shall document the fair housing activities and include information about the activities in the comment
section of their quarterly report.
Equal Employment Opportunity
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it and the contractors that it hires with CDBG funds will abide by the Equal Employment Opportunity
Laws of the United States. A recipient shall demonstrate its commitment to abide by the laws through the actions
listed below.
Each recipient shall do the following:
1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors from discrimination in hiring, promotion,
discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the
basis of race, color, religion, sex, national origin, disability, age, or genetics;
2) Publish quarterly a phone number that residents can call to ask equal employment opportunity questions or
register a complaint;
3) Designate an employee who is available Monday through Friday during regular business hours to receive
equal employment opportunity calls; and
Rev. 3/23/2011 34
4) Establish a system to record the following:
a) The nature of the calls,
b) The actions taken in response to the calls, and
c) The results of the actions taken;
Each recipient shall maintain a List of certified minority- and women -owned businesses that operate in its region.
The recipient shall use this list to solicit businesses to bid on CDBG - funded activities and shall provide a copy of the
list to prime contractors to use when they hire subcontractors. The Department of Management Services maintains a
list of certified minority- and women -owned businesses that can be used for this purpose at the following website:
https://vendorstrator.dms.myflorida.com/directory.
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it provides access to all Federally funded activities to all individuals, regardless of handicap. A recipient
shall demonstrate its commitment to abide by the laws through the actions listed below.
Each recipient shall do the following:
1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who
a) Has a physical or mental impairment which substantially limits one or more major life activities,
b) Has a record of such an impairment, or
c) Is regarded as having such an impairment;
2) Publish a phone number that residents can call to ask questions or register a complaint related to Section
504 or the Americans with Disabilities Act;
3) Designate an employee who is available Monday through Friday during regular business hours to receive
calls; and
4) Establish a system to record the following:
a) The nature of the calls,
b) The actions taken in response to the calls, and
c) The results of the actions taken.
The Section 504 prohibitions against discrimination (See 45 CFR Part 84.) apply to service availability,
accessibility, delivery, employment, and the administrative activities and responsibilities of organizations receiving
Federal financial assistance. A recipient of Federal financial assistance may not, on the basis of disability:
• Deny qualified individuals the opportunity to participate in or benefit from federally funded programs,
services, or other benefits,
• Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or
• Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which they
are otherwise entitled or qualified.
The ADA (Title II, 28 CFR Part 35, and Title III, 28 CFR Part 36) prohibits discrimination on the basis of disability
in employment, State and local government, public accommodations, commercial facilities, transportation, and
telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association
with an individual with a disability.
Title II covers all activities of State and local governments regardless of the government entity's size or receipt of
Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity
to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation,
recreation, health care, social services, courts, voting, and town meetings). State and local governments are required
to follow specific architectural standards in the new construction and alteration of their buildings. They also must
relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with
people who have hearing, vision, or speech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated
entities offering certain types of courses and examinations, privately operated transportation, and commercial
facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as
restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless
shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports
stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III.
Rev. 3/23/2011 35
Section 3 - Economic Opportunities for Low- and Very Low - Income Persons
Each recipient shall encourage its contractors to hire qualified low and moderate income residents for any job
openings that exist on CDBG - funded projects in the community. The recipient and its contractors shall keep records
to document the number of low and moderate income people who are hired to work on CDBG - funded projects. The
number of low and moderate income residents who are hired to work of the project shall be reported in the comment
section of the quarterly report.
The following clause from 24 CFR Part 135.38 is required to be included in CDBG - funded contracts of $100,000 or
more.
Section 3 Clause.
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 USC §1701u (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement
Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the Part 135
regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor
has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or
workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each;
and the name and location of the person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract
for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the
Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b).
Rev. 3/23/2011 36
Civil Rights Statutes
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it will abide by the following Federal laws and regulations:
1. Title VI of the Civil Rights Act of 1964 -- Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color,
religion, sex, or national origin;
3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988);
4. 24 CFR §570.487(b) — Affirmatively Furthering Fair Housing;
5. 24 CFR §570.490(b) — Recordkeeping Requirements;
6. 24 CFR §570.606(b) — Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892 — Fair Housing;
9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from
participation in, denied benefits of, or subjected to discrimination under any program or activity receiving CDBG
funds because of race, color, religion, sex or national origin;
10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8, which prohibits discrimination against people
with disabilities;
1 1 . Executive Order 11063 — Equal Opportunity in Housing;
12. Executive Order 11246 — Non- discrimination; and
13. Section 3 of the Housing and Urban Development Act of 1968, as amended — Employment/Training of Lower
Income Residents and Local Business Contracting.
I hereby certify that Monroe County shall comply with all of the provisions and Federal regulations listed in this
attachment.
I
By: � ��'' Date:
(Authori Signa re)
Name: H Cher C. thers
Title: a yor
..
rst
M e OUN .... 0 D
1
PEDRO ,E6 DAs 0 - .
ASSISTANT to 1 /1
r
Da"te
Rev. 3/23/2011 37
ATTACHMENT L
Signature Authorization Form
Rev. 3/23/2011 38
Department of Community Affairs — Small Cities Community Development Block Grant Program
Submit an original Signature Autho Form with e co. of the contract.
6/1/2011
Recipient: Contract Number. Funding Source:
Monroe County 12DB- C5 -11- 54-01 -H 15 El Small Cities CDBG
Mailing Address (Street or P.O. Box): 500 Whitehead Street Local Govemment NSP
Goer vemma
Loent DUNS #:
City, State, and Zip Code: Key West, Florida, 33040 073876757
Project Contact Person: Telephone Number:
John O'Brien (305)296 -5621 - E -mail Address:
Ext: 247 hsijob@aol.com
Financial Contact Person: Telephone Number:
Marie Brouillette (305) 296 -5621 _ E -mail Address:
Ext: 252 brouillettem@kwha.org
Other Local Govemment Contact Telephone Number.
Roman Gastesi, Jr. (305) 292 -4441 _ E -mail Address:
Ext: Roman- gastesi@monroecounty -fl.gov
Requests for Funds (RFFs) require (check one): E'one signature 0 two signatures of individuals authorized
below. RFF- u b= s •mit_ • v'_ the De. _rtment's websi = at tt (or by an alternative
means specified by the Department).
Name Typed:
yped: J. Manuel Castillo, Sr. Date: ��i% 1 6
[' Check here if above l sisna
person is authorized
to submit RFFs. E -mail Address: castillom @kwha.org
Name T
yped: Marie Brouillette Date: ‘414) h � i ,
Er Check here if above Signature
person is authorized
to submit RFFs. E -mail Address: brouiilettem@ ha.org
Name Typed: Date:
El Check here if above s , nature
person is authorized
to submit RFFs. E -mail Address:
Name Typed: Date:
El Check here if above Signature
person is authorized
to submit RFFs. E -mail Address:
I certify, as the recipient's Chief Elected Official, that the above signatu = are of the individuals authorized
to sign Requests for Funds and to submit RFF's electronically.
Typed Name: Heather Carruthers, Mayor Date: 9
mow
4 Check here if your local government utilizes Electronic Funds Tra fer EF -.
the State of Florida.
ae Check here if your local government will be working on a reimb • ement ., is. ❑ If this signature authority form pertains to a housing grant, ch k here if your local govemment will use an
escrow account for housing activities.
CDBG payments to local governments using EFT are automatically deposited in the local governments general
account. If the account is interest bearing, the CDBG funds must be transferred to a non - interest bearing account.
Please call the CDBG Program at 850/922 -1878 or 487 -3644 if you have questions. You can check the status of
your deposit at the Comptroller's website: htto: //flair.dbf.state.fl.us/.
Local govemments not receiving EFT, and not working on a reimbursement basis, must establish a non - interest bearing account.
Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of Financial Institution:
Account Number.
Address:
Telephone Number. ( ) -
City, State and Zip Code:
MO� ,f oE C;' UNTY ••,- ; /
O DAS • - � -t
SUBGRANTEE AN' 'ONTRACTUAL AGREEMENT INFORMA )N SHEET
SECTION 1 -GENERAL CONTRACT/S U BG RANT INFORMATION
CONTRACT#: 12DB-05-11-54-01-H 15 AWARD AMOUNT: $750,000.00
DIVISION: Housing and Community Development BUREAU: Community Development Block Grant PROGRAM:
SUBGRANTEE/CONTRACTOR NAME: Monroe County
SUBGRANTEE/CONTRACTOR CONTACT PERSON: John O'Brien
SUBGRANTEE/CONTRACTOR ADDRESS: Monroe County
(WARRANT REMITTANCE ADDRESS) 500 whitehead Street
Kay West, Florida 33040
DCA CONTRACT MANAGER: Patrick Howard/Colleen Matthews
BEGINNING DATE: / / ENDING DATE:
FEDERAL EMPLOYER IDENTIFICATION/SOCIAL SECURITY NUMBER:
MINORITY VENDOR CODE: (If applicable,choose one H-Black,I-Hispanic,J-Asian,K-Native American,M-Woman)
SECTION 2-SUBGRANT RECIPIENT DATABASE INFORMATION
OUTCOME EXPECTED(Please check one only):
X Community Development _Community Safety
Protecting Community Resources —Community Housi
Hazard Mitigation
ng
ALLOCATION OF PROGRAM ASSISTANCE BY COUNTY:
COUNTY COUNTY AWARD AMOUNT COUNTY MATCH AMOUNT
MONROE $750,000.00
$125,000,00
SECTION 3-SUBGRANT/CONTRACT FINANCIAL INFORMATION
DCA GRANT#: 151 OF CFDA#: 14.228 CSFA#:
ORGANIZATION LEVEL: 52800197 EXPANSION OPTION:C5
FUND: -- GAA LINE ITEM: CATEGORY: 141141-10 2:
GRANT REPORTING REQUIREMENTS: (Grant Awards Only)(MO-Monthly,QR-Quarterly,NA)
IF THIS IS A MODIFICATION:
MODIFICATION#:N/A
EFFECT OF MODIFICATION:
AMOUNT OF INCREASE/DECREASE IN AWARD AMOUNT:
(Be sure to complete SECTION 2 for change in award amount)
SECTION 4-FINANCE AND ACCOUNTING USE ONLY (To be completed by Finance and Acounting)
FEID#: INPUT BY DATE:
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS -
RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION
This checklist and the standard contract audit language may be obtained electronically from the Department of Financial Services'
website(https://apps.fldfs.com/fsaa).
If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now. (Applies
only to State agencies)
This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act(FSAA)to non-state
organizations after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist)to
provide state financial assistance(i.e. is a State Project as defined in 215.97(2), F.S.). This checklist assists in determining if the non-
state organization is a vendor, reci pie nt/subrecipient,or an exempt organization.
Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non-
state organizations to which they provide State resources to assist in carrying out a State Project
Name of Non-state Organization: Monroe Cminty
Type of Non-state Organization: I anal GovarnmPnt
(i.e. nonprofit, for-profit, local government; if the non-state organization is a local government, please indicate the type of
local government—municipality, county commission, constitutional officer, water management district, etc.)
Awarding Agency: nenartmant of f nmmunity AfFairc
Title of State Project: Small CitiPc f nmmiinityl_evelopmPnt Rlnrk Cyr nt Program
Catalog of State Financial Assistance (CSFA) Number: NSA
Contract/Grant/Agreement Number: 19DR_C5_11-54-n1_H 1.5
PART A
YES NO
X 1. Is the non-state organization a district school board, charter school, community college, public
university, government outside of Florida, or a Federal agency?
X 2. Is the relationship with the non-state organization only to procure commodities (as defined in
287,012(5) F.S.)?
X 3. Does the relationship with the non-state organization consist of only Federal resources, State
matching resources for Federal Programs or local matching resources for Federal Programs?
X 4. Does the relationship with the non-state organization consist of only State maintenance of effort
(MOE)' resources that meet all of the following criteria?
A. Do Federal Regulations specify the requirements for the use of the State MOE resources and
are there no additional State requirements?
B. Do contracts contain sufficient language to identify the State MOE resources and the associated
Federal Program?
C. Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that
the State MOE resources should be tested in an A-133 audit in accordance with Federal
Program requirements?
MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A-133
Compliance Requirement G (Matching, Level of Effort, Earmarking).
If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be completed because the
FSAA is not applicable to the non-state organization.
DFS-A2-NS
July 2005 1
Rule 691-5.006, FAC
PART B
Red pient/Vendor Relationship Determination:The following should be analyzed for each relationship with a non-state organization where it has been determined that
the state program provides state financial assistance (i.e. is a State Project) and the non-state organization is not exempt
based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or
application.
YES NO
1. Does State law or legislative proviso create the non-state organization to carry out this State Project?
2. Is the non-state organization required to provide matching resources not related to a Federal Program?
3. Is the non-state organization required to meet or comply with specified State Project requirements in
order to receive State resources? (State Project requirements include laws, rules, or guidelines specific
to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of
specified assets, etc. Specified State Project requirements do not include procurement standards,
general guidelines, or general laws/rules.)
4. Is the non-state organization required to make State Project decisions, which the State agency would
otherwise make? (e.g. determine eligibility, provide case management, etc.)
5. Is the non-state organization's performance measured against whether State Project objectives are met?
(e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to
be transported, etc. Performance measures may or may not be related to State performance-based
budgeting.)
If any of the above is yes, there is a recipient/subrecipient relationship and the non-state organization is subject to the
FSAA. Otherwise the non-state organization is a vendor and is not subject to the FSAA.
_PART C
Based on your analysis of the response above and discussions with appropriate agency personnel, state your conclusion
regarding the non-state organization.
(Check one) Recipient/Subrecipient: X Vendor: Exempt Organization:
Comments:
Print Name: Patrick Howard Telephone Number: 922-1880
Title: Financial Specialist
Signature: `
Date: September 22, 2011
Note it is the progr m personnel's es sibility to notif inance and Accounting of which non-state organizations have
been deterred be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500
object code in FLAIR).
Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and
still consider the non-state organization a recipient under the Florida Single Audit Act.
If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1 (DFS-A2-CL), must
be included in the document that established the State's, recipient's, or subrecipient's relationship with the non-state
entity.
Questions regarding the evaluation of a non-state organization or if it has been determined that the non-state organization
is a recipient and a CSFA number has not been assigned, contact your FSAA State agency liaison or the Department of
Financial Services, Bureau of Auditing at(850)413-3060 or Suncom 293-3060. Reference may be made to Rule 691-5,
FAC.
DFS-A2-NS
July 2005 2
Rule 691-5.006, FAC