Item C14'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: C.14
Agenda Item Summary #1542
BULK ITEM: DEPARTMENT:
Yes Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE:STAFF CONTACT:
Kevin Wilson (305) 292-4441
No
AGENDA ITEM WORDING:
Approval of a
Development Block Grant (CDBG) No. 12DB-C5-11-54-01-H15 and authorizing the County
Administrator or his designee to sign all future modifications.
ITEM BACKGROUND:
This CDBG is being used to provide assistance to income qualified
households to provide connections to the central sewer systems in the unincorporated areas of the
County. Modification No. 4 extends the agreement until March 31, 2017 and increases the number
of households that may receive sewer connection assistance. These changes are based upon the
lower than expected average cost per assisted household.
PREVIOUS RELEVANT BOCC ACTION:
In October 2010, the BOCC passed Resolution 301-2010, authorizing the Mayor and the County
Administrator to execute the application, award agreement, program documents and close-out
reports for this grant. In August 2011, BOCC Resolution 216-2011 gave the County Administrator
authority to sign amendments, but only for the purpose of signing amendments so the County could
use the money for ADA construction.
CONTRACT/AGREEMENT CHANGES:
Extends expiration date to March 31, 2017; other minor changes to underlying Subgrant Agreement.
DOCUMENTATION:
Resolution, Mod # 4, and SC-35
FINANCIAL IMPACT:
Effective Date:
June 6, 2010
Expiration Date:
March 31, 2017
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Total Dollar Value of Contract:
$750,000
Total Cost to County:
None
Current Year Portion:
Budgeted:
Yes
Source of Funds:
CDBG state grant
CPI:
N/A
Indirect Costs:
None
Estimated Ongoing Costs Not Included in above dollar amounts:
None
Revenue Producing: If yes, amount:
Yes$750,000
Grant:
$750,000
County Match
: None
Insurance Required:
No
Additional Details: .
Used for Low income sewer connection grantsOriginal Agreement dated
June 6, 2010 extended until March 31, 2017
STAFF RECOMMENDATION:
Approval
REVIEWED BY:
Kevin Wilson Completed 04/04/2016 1:50 PM
Cynthia Hall Completed 04/04/2016 1:57 PM
Budget and Finance Completed 04/04/2016 4:08 PM
Maria Slavik Completed 04/05/2016 7:34 AM
Kathy Peters Completed 04/05/2016 3:21 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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Resolution
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RESOLUTION NO._________-2016
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RATIFYING THE COUNTY
ADMINISTRATOR’S SIGNATURE ON MODIFICATION NO. 4
TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS’ SMALL CITIES COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONTRACT NO. 12DB-C5-11-54-
01-H15; AND AUTHORIZING THE COUNTY
ADMINISTRATOR TO SIGN ALL FUTURE MODIFICATIONS.
WHEREAS
, the Florida Small Cities Community Development Block Grant (“CDBG”)
program is a competitive grant program (“Program”), using federal funds administered by the
Florida Department of Economic Opportunity (DEO), thataddresses critical housing and
infrastructure needs of the elderly, disadvantaged, and low to moderate income population; and
WHEREAS,
on October 20, 2010, the Monroe County Board of County Commissioners
authorized County staff to submit an application to the Program, and on October 7, 2011, DEO
notified Monroe County that it had been awarded a grant in the amount of $637,500 for sewer
hookups and $112,500 for administration, for a combined total of $750,000, under Contract No.
12DB-C5-11-54-01-H15; and
WHEREAS,
Small Cities Contract No. 12DB-C5-11-54-01-H15 (the “Contract”), which
is a Subgrant Agreement between DEO and Monroe County,contained an expiration date of
March 29, 2016; and
WHEREAS,
on January 16, 2016, the County requested an amendment to the Contract,
from March 29, 2016 to March 31, 2017, in order to utilize funds remaining in the Contract for
future sewer hookups, particularly in the Cudjoe Regional Wastewater Service Area; and
WHEREAS,
in March 2016, DEO sent a revised Modification No. 4to the County for
signature, which included the time extension as well as other changes to the Contract; and
WHEREAS,
because time was of the essence, in order to preserve the right to use the
funds, the County Administrator signed Modification No. 4on April 4,2016; and
WHEREAS,
in order to streamline the handling of future modifications, it is beneficial to
grant the authority to the County Administrator to execute future modifications as they may
become necessary in the course of performance of the Contract.
[THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK.]
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDATHAT
,
1.
The signature of the County Administrator on Modification No. 4 of the Contract is
hereby affirmed and ratified.
2.
The County Administrator or his designee is hereby authorized to sign all future
modifications of the Contract, as necessary.
PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County, this ____
day of April 2016.
Mayor Heather Carruthers___________
Mayor Pro Tem George Neugent___________
Commissioner Danny L. Kolhage___________
Commissioner David Rice___________
Commissioner Sylvia Murphy___________
BOARD OF COUNTYCOMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY_________________________________
Mayor Heather Carruthers
(SEAL)
ATTEST:
AMY L. HEAVILIN, CLERK
By: __________________________
Deputy Clerk
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Modification # 4 for CDBG # 12DB-C5-11-54-01-H15
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Department of Economic Opportunity Small Cities Community Development Block Grant Program Form SC-44
Modification to Subgrant Agreement
April, 2015
Modification Number 4 to Subgrant Agreement Between
the Department of Economic Opportunity and
Monroe County
This Modification is made and entered into by and between the State of Florida, Department of
Economic Opportunity, (the DepartMonroe County, (DEO
Contract Number 12DB-C5-11-54-01-H 15, awarded on September 30, 2011
WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the
Department provided a subgrant of $750,000.00 to the Recipient under the Small Cities Community
m as set forth in the Agreement;
WHEREAS, the Department and the Recipient desire to modify the Agreement;
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
Reinstate the Agreement
1. The Agreement is hereby reinstated as though it had not expired.
Extend the Agreement
2.Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of March 31, 2017.
Revise the Activity Work Plan
3. Attachment I, Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment I, which is attached hereto and incorporated herein by reference.
Revise the Program Budget
4. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment A, which is attached hereto and incorporated herein by reference.
1 73C-23.0051, FAC
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Department of Economic Opportunity Small Cities Community Development Block Grant Program Form SC-44
Modification to Subgrant Agreement
April, 2015
Modification Number: 4
DEO Contract Number: 12DB-C5-11-54-01-H 15
Recipient: Monroe County
Page 2
Change the Participating Parties
5.(Type in the name, if applicable.), is removed as a Participating Party to this agreement.
6.(Type in the name, if applicable.)is added as a Participating Party to this agreement. A copy of
the new Participating Party Agreement, containing provisions and caveats that meet or exceed the
conditions agreed to in the original Participating Party Agreement, is attached.
Include an Unmet Need as Addressed in the Original Application
7.Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment A, which is attached hereto and incorporated herein by reference.
8.Attachment , Activity Work Plan, of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment , which is attached hereto and incorporated herein by reference.
9.A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form,
which shows the unmet need from the original application that is being included in the Subgrant
Agreement listed as addressed need, is attached hereto and incorporated herein by reference.
Change the Number of Accomplishments and/or Beneficiaries
10.Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment A, the Program Budget, which is attached hereto and incorporated herein
by reference.
Reflect the Change in Agency from DCA to DEO
11.
Other:
12. Replace pages 1-13A, Exhibit 1, and Attachments B, D, F, M, and N from modification 3 with the
enclosed pages 1-13A, Exhibit 1, and Attachments B, D, F, M, and N.
13. Exhibit 1 is renumbered page 15 and Attachment N is renumbered as pages 44 and 45.
2 73C-23.0051, FAC
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STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Contract Number: 12DB-C5-11-54-01-H 15 CFDA Number: 14.228
Rule Chapter: 73C-23, Florida Administrative Code
Effective: June 6, 2010
FFY 2013 FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with
headquarters in Tallahassee, Florida (hereinafter referred to as ), 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. DEO 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. DEO has statutory authority to disburse the funds under this Agreement.
THEREFORE, DEO and the Recipient agree to the following:
(1) Scope of Work
The Recipient shall perform the work in accordance with the Program Budget, Attachment A of this Agreement;
the Activity Work Plan, Attachment of this Agreement; and the Florida Small Cities Community Development Block
Grant (CDBG) 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 DEO shall be governed by applicable State and Federal laws, rules and regulations, including those
identified in Attachment B and K.
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(3) Period of Agreement
This Agreement shall begin upon execution by both Parties, and shall end on March 31, 2017, unless terminated
earlier in accordance with the provisions of Paragraph (13) Termination, of this Agreement. Any extension to this
Agreement will not be granted unless the Recipient is able to provide substantial justification and the DEO Community
Development Division Director approves such extension.
(4) Modification of Agreement
Either Party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be
valid only when in writing, in compliance with rule 73C-23.0051(4), F.A.C. (which is incorporated herein by reference),
signed by each of the Parties, and attached to the original of this Agreement.
(5) Records
(a) As applicable, the Recipient's performance under this Agreement shall be subject to Title 2, Code of
Federal Regulations (C.F.R.), part 200
.
(b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State
of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the
Federal government and their duly author
documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the
purposes of conducting audits or examinations or making excerpts or transcriptions.
(c) The Recipient shall maintain books, records, and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by
DEO under this Agreement.
(d) The Recipient will provide a financial and compliance audit to DEO, if applicable, and ensure that all related
party transactions are disclosed to the auditor.
(e) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the
compliance of all subrecipients, contractors, subcontractors, and consultants paid from funds under this Agreement,
for a period of six (6) years from the dateDEO issues the final closeout for this award. The Recipient shall ensure
that audit working papers are available upon request for a period of six (6) years from the date this Agreement is final
closed, unless extended in writing by DEO. 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 findings involving the records have
been resolved.
2. Records for the disposition of non-expendable personal property valued at five thousand dollars ($5,000
or more at the time it is acquired shall be retained for six (6) years after final disposition.
3. Records relating to real property acquired shall be retained for six (6) years after the closing on the
transfer of title.
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(f) The Recipient shall maintain all records and supporting documentation for the Recipient and for all
subrecipients, contractors, subcontractors, and 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 Scope of Work and all other applicable laws and regulations.
(g) The Recipient, its employees or agents, including all subrecipients, contractors, subcontractors, and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the
business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
(h) The Recipient shall include the aforementioned audit and record keeping requirements in all approved
subrecipient subcontracts and assignments.
(6) Audit Requirements
(a) Review the Audit Requirements listed in Attachment H of this Agreement. For local government fiscal years
beginning after December 26, 2014, a Recipient will not have to have a single or program-specific audit conducted in
accordance with the provisions of 2 C.F.R. part 200 unless it expends seven hundred fifty thousand dollars ($750,000)
or more in Federal awards during its fiscal year.
(b) The requirements listed in Attachment H, Part II: State Funded, are not applicable to this subgrant
agreement, which is a Federal pass-through award.
(c) Within sixty (60) calendar days of the close of the fiscal year, on an annual basis, the Recipient shall
electronically submit a completed Audit Compliance Certification, a blank version of which is attached hereto as
Attachment I, to audit@deo.myflorida.com. The Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between
DEO and the Recipient.
This form is in addition to the Audit Certification Memo that must be sent to DEO if an audit is not required
because the local government spent less than seven hundred fifty thousand dollars ($750,000) in Federal funds during
the fiscal year.
(d) In addition to the submission requirements listed in Attachment H, each Recipient should send an electronic
copy of its audit report or an Audit Certification Memo, Form SC-47, by June 30 following the end of each fiscal
year in which it had an open CDBG subgrant to its grant manager at the following address to ensure that it does not
incur audit penalty points:
Email: Charles Wyatt@deo.myflorida.com
Please note that Form SC-47, and other such Forms referenced in this Agreement, are incorporated herein by
http://www.FloridaJobs.org/CDBGRecipientInfo or upon request from the CDBG program office.
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(7) Reports
(a) The Recipient shall provide DEO with quarterly reports and an administrative closeout 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 DEO.
(b) A Quarterly Progress Report, Form SC-65, is due to DEO no later than fifteen (15) calendar days after the
end of each quarter of the program year and shall be sent each quarter until submission of the Administrative
Closeout Report, Form SC-62. The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31.
(c) The Administrative Closeout Report, Form SC-62, is due forty-five (45) calendar days after termination of
this Agreement or forty-five (45) calendar days after completion of the activities contained in this Agreement,
whichever first occurs. The subgrant agreement closeout package must be submitted to DEO in compliance with
rule 73C-23.0051(5), F.A.C.
(d) If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,
payments may be withheld until the reports are properly completed, or DEO may take other action as stated in
Paragraph (11) Remedies
completed in accordance with the terms of this Agreement, particularly the Scope of Work, and all applicable law.
(e) The Recipient shall provide additional program updates or information that may be required by DEO.
(f) The Recipient shall provide additional reports and information identified in Attachment C.
(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 the project activities are being
accomplished within the specified time periods included in the Scope of Work and that 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) Audit Requirement, above,
monitoring procedures may include, but not be limited to, on-site visits by DEO staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures and/or processes deemed
appropriate by DEO. In the event DEO determines a limited scope audit of the Recipient is appropriate, the Recipient
agrees to comply with any additional instructions provided by DEO 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, DEO will monitor the performance and financial
management by the Recipient throughout the Agreement term to ensure timely completion of all tasks.
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(9) Liability
(NOTE: If the Recipient is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes (F.S.),
pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for
(a) The Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and
shall hold DEO harmless against all claims of whatever nature by third parties arising from the work and services
performed under this Agreement. For purposes of this Agreement, the Recipient agrees that it is not an employee or
agent of DEO, but is an independent contractor.
(b) Any recipient which is a state agency or subdivision, as defined in section 768.28, F.S., agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees to
be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, F.S.
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 agreement, subrecipient agreement, contract, or subcontract.
(10) Events of Default
If any of the following events occur ("Events of Default"), all obligations on the part of DEO to make further
payment of funds shall, if DEO elects, terminate and DEO has the option to exercise any of its remedies allowable by law
and/or set forth in Paragraph (11) Remedies, below. However, DEO 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
DEO 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 DEO 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 financial condition of the Recipient at any time during the term of
this Agreement, and the Recipient fails to cure this adverse change within thirty (30) calendar days from the date
written notice is sent by DEO.
(c) If any reports required by this Agreement have not been submitted to DEO 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 DEO may, upon thirty (30) calendar days written notice to the Recipient and
upon the Recipient's failure to cure within those thirty (30) calendar 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 twenty-four (24) hour written notice,
in conformity with Paragraph (14) Notice and Contact, and including the effective date of such termination;
(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;
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(d) Require that the Recipient refund to DEO any monies used for ineligible purposes under this Agreement
and/or 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 DEO for the amount of costs incurred for any items determined to
be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under law, including, but not limited
to any applicable remedies within rule 73C-23.0051(6)(d) and (e), F.A.C., 24 C.F.R. part 570, and 2 C.F.R. part 200.
(g) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. If DEO 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 DEO, or affect the
later exercise of the same right or remedy by DEO for any other default by the Recipient.
(12) Dispute Resolution
Disputes concerning the performance of the Agreement shall be decided by DEO, who shall reduce the decision to
writing and serve a copy on the Recipient. The decision shall be final and conclusive unless within twenty-one (21) days
from the dat
ve
remedies is an absolute
provided however, that the Parties may employ the alternative dispute resolution procedures outlined in chapter 120, F.S.
(13) Termination
(a) DEO may suspend or terminate this Agreement for cause with no less than twenty-four (24) hour written
improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable
rules, regulations, statutes, executive orders, HUD guidelines, policies or directives, or laws; failure, for any reason, to
his Agreement; submission of reports that
are incorrect or incomplete in any material respect; and refusal to permit public access to any document, paper, letter,
or other material subject to disclosure under law, including chapter 119, F.S., as amended. The Recipient shall not be
entitled to recover any cancellation charges or lost profits.
(b) DEO may terminate this Agreement, in whole or in part, for convenience by providing the Recipient no less
than twenty-four (24) hour written notice setting forth the reasons for such termination, the effective date, and, in the
case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO
determines that the remaining portion of the award will not accomplish the purpose for which the award was made,
DEO may terminate the award in its entirety. The Recipient shall continue to perform any work not terminated. The
Recipient shall not be entitled to recover any cancellation charges or lost profits.
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(c) The Parties may agree to terminate this Agreement for their mutual convenience through a written
modification to this Agreement. The modification shall state the effective date of the termination. The procedures
for proper closeout of the Agreement shall be followed, in accordance with rule 73C-23.0051(5), F.A.C.
(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 DEO because of any breach of Agreement by the
Recipient. DEO 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 DEO from the Recipient is determined.
(e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or
under this Agreement.
(14) 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 grant manager for this Agreement is:
Charles Wyatt, Government Operations Consultant II
Florida Small Cities CDBG Program
Department of Economic Opportunity
107 East Madison Street MSC 400
Tallahassee, Florida 32399-6508
Telephone: (850) 717-8409 Fax: (850) 922-5609
Email: Charles.Wyatt@deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Mr. John O'Brien, Program Manager
Monroe County
1400 Kennedy Drive
Key West, Florida, 33040
Telephone: (305) 296-5621 - Fax: (305) 296-1221
Email: hsijob@aol.com
(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 (14)(a) above.
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(15) Contracts
If the Recipient contracts any of the work required under this Agreement, a copy of the signed contract must be
forwarded to DEO for approval. The Recipient agrees to include the following in the contract: 1) that the contractor is
bound by the terms of this Agreement, 2) that the contractor is bound by all applicable State and Federal laws and
regulations, 3) that the contractor shall hold DEO and the Recipient harmless against all claims of whatever nature arising
out of the contractor's performance of work under this Agreement, to the extent allowed and required by law, and 4)
provisions addressing bid, payment, and performance bonds and liquidated damages. The Recipient shall document in the
For each contract, the Recipient shall report to DEO as to whether that contractor, or any subcontractors hired by
the contractor, is a minority vendor, as defined in section 288.703, F.S.
(16) Terms and Conditions
This Agreement contains all the terms and conditions agreed upon by the Parties.
(17) 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 Program Budget
Attachment B State and Federal Statutes, Regulations, and Policies
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 eCDBG Access Authorization Form
Attachment M Audit Requirements
Attachment N Audit Compliance Certification
(18) Funding/Consideration
(a) The funding for this Agreement shall not exceed $750,000, subject to the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Scope of Work.
(c) All funds shall be requested in the manner prescribed by DEO. The authorized signatory for the Recipient
set forth on the eCDBG Access Authorization Form, Attachment L, to this Agreement, must approve the
submission of each Request for Funds (RFFs) on behalf of the Recipient.
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(d) Pursuant to 24 C.F.R. § 570.489(b), pre-
as originally submitted that relate to preparation of the 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 DEO 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 (20)(h), Mandated Conditions, of this Agreement, all obligations on the part of DEO to make any
further payment of funds shall terminate, and the Recipient shall submit its administrative closeout report and
subgrant agreement closeout package within thirty (30) calendar days of receiving notice from DEO.
(19) Repayments
(a) The Recipient and its contractors may only expend funding under this Agreement for allowable costs
resulting from obligations incurred during the Agreement period; however, pursuant to 24 C.F.R. § 570.489(b),
reimbursement can be requested for eligible application pr
.
(b) In accordance with section 215.971, F.S., the Recipient shall refund to DEO any balance of unobligated
funds which has been advanced or paid to the Recipient.
(c) The Recipient shall refund to DEO all funds paid in excess of the amount to which the Recipient or its
contractors, subcontractors, or consultants are entitled under the terms and conditions of this Agreement.
(d) The Recipient shall repay all funds received for an activity if the activity does not meet one of the three
National Objectives listed in 24 C.F.R. § 570.483.
(e) All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of
ailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
107 East Madison Street MSC 400
Tallahassee, Florida 32399-6508
In accordance with section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Recipient
shall pay to DEO 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.
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(20) 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 DEO
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 DEO and with thirty (30) calendar days written notice to the Recipient, cause the
termination of this Agreement and the release of DEO from all its obligations to the Recipient.
(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; the Parties waive any right to jury trial. If any
provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision
shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from,
and shall not invalidate, any other provision of this Agreement.
(c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the
term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an
original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C.
§ 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (§§ 760.01 760.37, F.S.), 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) Pursuant to section 287.133(2)(a), F.S., a person or affiliate, as defined in section 287.133(1), F.S., who has
been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies 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 any public entity; and may not transact
business with any public entity in excess of thirty-five thousand dollars ($35,000) for a period of 36 months following
the date of being placed on the convicted vendor list. The Recipient warrants that neither it nor any of its affiliates is
currently on the convicted vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the
convicted vendor list.
(g) Pursuant to section 287.134(2(a), F.S., an entity or affiliate, as defined in section 287.134(1), who has been
placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 any public entity; and may not transact business with any public entity. The
Recipient warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Recipient
shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
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(h) 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 three (3) 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 Subparagraph (20)(h)2., Mandated
Conditions, of this Agreement; and
4. Have not within a five (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.
In addition, the Recipient shall send a completed Form SC-37,
to DEO for each contractor
that the Recipient plans to hire under this Agreement. The form must be received by DEO before the Recipient
enters into a contract with the respective contractor.
(i) 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 F.S., or the Florida
Constitution.
(j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
(k) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061, F.S., the
rules promulgated thereunder, and 2 C.F.R. § 200.474.
(l) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest
income shall either be returned to DEO or be applied against
(m)
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 F.S.
(21) Lobbying Prohibition
(a) No funds or other resources received from DEO 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:
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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," in accordance with its instructions; and
3. The Recipient shall require that this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose as described in Subparagraphs (21)(b)1. and 2., Lobbying
Prohibition, above.
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 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars
($100,000) for each such failure.
(22) 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.
(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 DEO 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 DEO. Any copyrights accruing under
or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty (30) calendar 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. DEO shall then, under
Subparagraph (22)(b), Copyright, Patent and Trademark, have the right to all patents and copyrights which
accrue during performance of the Agreement.
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(23) 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 the Recipient to the terms of this Agreement. DEO may, at its
discretion, request documentation evidencing the undersigned has authority to bind the Recipient to this Agreement as of
the date of execution; any such documentation is incorporated herein by reference. The Recipient warrants that, to the
best of its knowledge, there is no pending or threatened action, proceeding, investigation, or any other legal or financial
condition that would in any way prohi
The Recipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the
term of the Agreement.
(24) Public Record Responsibilities
(a) The Recipient shall allow public access to all records made or received by the Recipient in conjunction with
this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and section
119.07(1), F.S. For records made or received by the Recipient in conjunction with this Agreement, the Recipient shall
respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for
records that are public records, as public records are defined in section 119.011, F.S., the Recipient shall be
responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance
with all other requirements of chapter 119, F.S., or as otherwise provided by law.
(b)
received by the Recipient in conjunction with this Agreement and to provide the applicable public records in response
to such request, the Recipient shall notify DEO of the receipt and content of such request by sending an e-mail to
PRRequest@deo.myflorida.com within one (1) business day from receipt of such request.
(c) The Recipient shall notify DEO verbally within twenty-four (24) chronological hours and in writing within
seventy-
subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an
authorized representative of DEO. The Recipient shall cooperate with DEO in taking all steps as DEO deems
privacy.
(d)
records laws or to allow public access to any non-exempt public record made or received by the Recipient in
conjunction with this Agreement.
(25) Employment Eligibility Verification
(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess
of nominal value to expressly require the Recipient to:
1. E-Verify system to verify the employment eligibility
of all new employees hired by the Recipient during the Agreement term; and,
2. Include in all contracts under this Agreement, the requirement that contractors, subcontractors,
consultants and subrecipients performing work or providing services pursuant to this Agreement use the E-Verify
system to verify the employment eligibility of all new employees hired by the contractors, subcontractors,
consultants and subrecipients during the term of the contract.
(b) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's
Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the
United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and
elections of Federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to
employers to use E-Verify. The Department of Home-Verify system can be found at:
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http://www.uscis.gov/e-verify
(c) If the Recipient does not have an E-Verify MOU in effect, the Recipient must enroll in the
E-Verify system prior to hiring any new employee after the effective date of this Agreement.
(26) Program Income
Recipient shall report to DEO all program income (as defined by 73C-23.0031(33), F.A.C. and 24 C.F.R. § 570.489(e))
generated by activities carried out with CDBG funds made available under this Agreement, as part of the
Quarterly Progress Report, Form SC-65, required under Paragraph (7) Reports
program income shall comply with the applicable requirements of 24 C.F.R. part 570, sections 290.046-290.048, F.S. and
73C-23.0051, F.A.C., and the terms of this Agreement. Program income generated after closeout, shall be returned to
DEO. Program income generated prior to closeout, shall be returned to DEO, unless the program income is used to fund
additional units of CDBG activities, specified in a modification to this Agreement, and duly executed prior to
administrative closeout.
(27) Independent Contractor
I
agreed that Recipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is
intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the
Parties. The Recipient shall at all times remain an independent contractor with respect to the services to be performed
under this Agreement.
(a) The Recipient, its officers, agents, employees, subcontractors, or assignees, in performance of this Agreement
shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of
Florida. Nor shall the Recipient represent to others that, as the Recipient, it has the authority to bind DEO
unless specifically authorized to do so.
(b) Neither the Recipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State
retirement or State leave benefits, or to any other compensation of State employment as a result of performing
the duties and obligations of this Agreement.
(c) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed
to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint
venturer, or partner of the State of Florida.
(d) Unless justified by the Recipient, and agreed to by DEO in the Scope of Work, DEO will not furnish services
of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient
or its subcontractor or assignee.
(e)
Agreement. The Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits,
so
employee benefits of any kind. The Recipient shall ensure that its employees, subcontractors, and other agents,
receive benefits and necessary insura
from an employer other than the State of Florida.
(f) The Recipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance
contribution payment requirements of chapter 443, F.S.
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Exhibit 1
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S. Department of Housing and Urban Development
Pass-Through Entity: Florida Department of Economic Opportunity
Contact Information for Awarding Official of Paula Lemmo, Chief
Pass-Through Entity: Division of Community Development
107 East Madison Street MSC 400
Tallahassee, Florida 32399-6508
Federal Award Identification Number: B-10-DC-12-0001
Federal Award Date: 8/9/2010
Total Federal Award to Pass-Through Entity: $29,565,984
Catalog of Federal Domestic Assistance Title: Community
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
-Registered Name: County of Monroe
073876757
Federal Funds Obligated to Recipient $750,000
By This Action:
Total Federal Funds Obligated to Recipient: $750,000
Total Amt. of Federal Award Committed to $750,000
Recipient:
Project Description: Funding is being provided for sewer hookups for low- and
moderate-income persons residing in the Recipient's
This is not a research and development award. jurisdiction.
Indirect Cost Rate: 0.0%
Compliance Requirements Applicable to the Federal ResourcesAwarded Pursuant to this Agreement are as
Follows:
Federal Program
1.The Recipient shall perform the obligations in accordance with 24 C.F.R. §§ 570.480 570.497.
2.The Recipient shall be governed by the laws, rules and regulations identified in this Agreement.
3.The Recipient shall be governed by sections 290.0401- 290.048, F.S.
4.The Recipient shall perform the obligations in accordance with chapter 73C-23, F.A.C.; the Program Budget,
Attachment A of this Agreement; the Activity Work Plan, Attachment I of this Agreement; Parts 2, 6, and 9
of the Florida Small Cities CDBG FFY 2013 Application for Funding; and the Program, Category Specific,
and Special Conditions, Attachment F of this Agreement.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs: N/A
Subject to Section 215.97, Florida Statutes: N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 C.F.R. § 200.331 and section 215.97(5), F.S., require that the information about Federal Programs and State
Projects included in Exhibit 1 be provided to the Recipient.
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Attachment B State and Federal Statutes, Regulations, and Policies
The Recipient agrees to, and, by signing this Agreement, certifies that, it will comply with the requirements of 24 C.F.R.
part 570, subpart I, and § 570.200(j) and § 570.606 (the U.S. Housing and Urban Development regulations concerning
State Community Development Block Grant Programs). The Recipient also agrees to use funds available under this
Agreement to supplement rather than supplant funds otherwise available. The Recipient further agrees to comply with
all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this
Agreement, including, but not limited to the following:
1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. part
200);
2. Florida Small Cities Community Development Block Grant Program Act (§§ 290.0401-290.048, F.S.);
3. Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23, F.A.C.);
4. Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §§ 5301-5321);
5. Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R. part 205);
6. Community Planning Act (§ 163.3164, F.S.);
7. Florida Small and Minority Business Assistance Act (§§ 288.703-288.706, F.S.);
8. CDBG Technical Memoranda (https://www.hudexchange.info/community-development/cdbg-memoranda/);
9. Applicable HUD Community Planning and Development Notices (https://www.hudexchange.info/manage-a-
program/cpd-notices);
10. Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507;
11. Environmental Review Procedures for Entities Assuming HUD Responsibilities (24 C.F.R. part 58);
12. Environmental Criteria and Standards (24 C.F.R. part 51);
13. Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §§ 4001-4129), Floodplain Management and
Protection of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990
(Protection of Wetlands);
14. National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4370h) and other provisions of law
which further the purpose of this act;
15. National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301-320303), Protection of Historic
Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act;
16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C. §§
312501-312508);
17. Coastal Zone Protection Act of 1985 (§§ 161.52-161.58, F.S.);
18. Safe Drinking Water Act of 1974, as amended (42 U.S.C. §§ 1400-1465);
19. Federal Water Pollution Control Act of 1972, as amended (33 U.S.C. §§ 1251-1387);
20. DavisBacon Act of 1931, as amended (40 U.S.C. §§ 3141-3148) and Labor Standards Provisions of 29 C.F.R. part
5;
21. Contract Work Hours and Safety Standards Act of 1962, as amended (40 U.S.C. §§ 3701-3708);
22. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975
(42 U.S.C. §§ 6901-6992k);
23. Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157) and the Uniform Accessibility Standards, as applicable;
24. Federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219);
25. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4601-4655), and
the applicable rules for Federal and Federally-Assisted Programs at 49 C.F.R. part 24;
26. -
27. Hatch Act of 1939, as amended (5 U.S.C. §§ 1501-1508);
28. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846); the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. §§ 48514856); and the applicable implementing regulations at
24 C.F.R. part 35 and 24 C.F.R. part 570, subparts A, B, J, K, and R;
29. Section 102 of HUD Reform Act of 1989 (42 U.S.C. § 3545) and HUD Reform Act regulations at 24 C.F.R. part 4.
30. False Claims Act (31 U.S.C. §§ 3729-3733);
31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R. part 247); and
32. Clean Air Act (42 U.S.C. §§ 7401-7671q.), and National Primary and Secondary Ambient Air Quality Standards (40
C.F.R. part 50).
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Attachment D
The following reports must be completed and submitted to DEO in the time frame indicated and in
compliance with rule 73C-23.0051(5)-(6)(a), F.A.C. Failure to timely file these reports constitutes an Event of
Default, as defined in Paragraph (10) Default, of this Agreement.
1. A Quarterly Progress Report, Form SC-65, must be submitted to DEO fifteen (15) calendar days after
the end of each quarter. The reports are due by the following dates: April 15, July 15, October 15 and January 15.
2. A Contract and Subcontract Activity form, (HUD-2516 Form, currently available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05360; which is incorporated herein by reference),
https://www.deoecdbg.com/Default.aspx. The form must reflect all contractual activity for the period, including
Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during
the report
3. The Administrative Closeout Report, Form SC-62, must be submitted to DEO within forty-five (45)
calendar days of the Agreement termination date, in compliance with rule 73C-23.0051(5), F.A.C and the terms of
this Agreement.
4. In accordance with 2 C.F.R. part 200, should the Recipient meet the threshold for submission of a single or
program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200, and submitted to DEO
no later than
threshold, an Audit Certification Memo, Form SC-47, must be provided to DEO no later than nine months from
5. A copy of the Audit Compliance Certification form, Attachment J, must be e-mailed to
audit@deo.myflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was
open.
6. The Section 3 Summary Report, HUD-60002 form, effective date June 2001,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05360; effective date April, 2015, which is incorporated
herein by reference, must be completed and submitted thr
https://www.deoecdbg.com/Default.aspx 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.
7. Request for Funds must be submitted as required by DEO and as scheduled on Attachment Activity
Work Plan.
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Attachment F Warranties and Representations
Financial Management
218.33, F.S., and the rules promulgated thereunder, and 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. The 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 Funds (RFF). 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
2 C.F.R. part 200 and the terms and conditions of this Agreement.
(6)Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 C.F.R. §§ 200.318-200.326 and be
conducted in a manner providing full and open 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 objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or
invitations for bids or requests for proposals shall be excluded from competing for such procurements.
Awards must be made to the responsible and responsive bidder or offeror whose proposal is most
advantageous to the program, 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.
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 a Federal award if he or she has a real or
apparent conflict of interest. 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 or a tangible personal benefit from a firm
considered for a contract. 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 must provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient. (See 2 C.F.R. § 200.318(c)(1).)
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Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
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 contractors 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.
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Attachment M
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S.,
ocedures may include, but not be limited to, on-site visits by
DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of
the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by DEO
staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor
General.
Audits
Part I: Federally Funded
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December
31, 2003) 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 indicates Federal resources awarded through DEO 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 DEO. 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 part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31,
2003) 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 $300,000
($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects 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 resources (i.e., the cost of such an audit must be paid from the
recipient resources obtained from other than Federal entities).
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Attachment M
4. Title 2 C.F.R. part 200, entitled Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards, also known as the Super Circular, supersedes and consolidates the requirements of OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective for Federal awards or increments
of awards issued on or after December 26, 2014. Please refer to 2 C.F.R. part 200 for revised definitions,
reporting requirements and auditing thresholds referenced in this attachment and agreement accordingly.
Part II: State Funded
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or
thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. Exhibit 1 to this agreement indicates state financial assistance awarded through DEO by this
agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall
consider all sources of state financial assistance, including state financial assistance received from DEO,
other state agencies, and other non-state entities. State financial assistance does not include Federal direct or
pass-through awards and resources received by a non-state entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall
ensure that the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by section 215.97(2), Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal
years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of
section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in
state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of section 215.97, F.S., the cost of the audit must be paid from the non-
entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.myflorida.com/audgen/pages/flsaa.htm
Part III: Other Audit Requirements
N/A
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part I of this agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following at the address
indicated:
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Attachment M
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to
the Federal Audit Clearinghouse) at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
th
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit 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 DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or
on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
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Attachment M
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen_localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be submitted
by or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports, management letter, or other information required to be submitted to DEO pursuant to
this agreement shall be submitted timely 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.
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
Part V: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of six (6) years from the date the audit report is issued, or six (6) state fiscal years
after all reporting requirements are satisfied and final payments have been received, whichever period is
longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request.
The recipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or
Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless
extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving
the records has been started prior to the expiration of the controlling period as identified above, the records
shall be retained until completion of the action and resolution of all issues which arise from it, or until the
end of the controlling period as identified above, whichever is longer.
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Attachment N
Audit Compliance Certification
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44
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Audit Compliance Certification
Recipient: Monroe County
FEIN: October 1 through September 30
596000746
Contact Name: Mr. (305)296-5621
Email: hsijob@aol.com
1.Did the Recipient expend state financial assistance, during its fiscal year, that it received under any
agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc.) between the Recipient and the Department of Economic
Opportunity (DEO)? Yes No
If the above answer is yes, answer the following before proceeding to item 2.
Did the Recipient expend $500,000 or more of state financial assistance (from DEO and all other
sources of state financial assistance combined) during its fiscal year? Yes No
If yes, the Recipient certifies that it will timely comply with all applicable state single0 or
project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
2.Did the Recipient expend federal awards, during its fiscal year, that it received under any agreement
(e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between the Recipient and DEO? Yes No
If the above answer is yes, also answer the following before proceeding to execution of this
certification:
Did the Recipient expend $750,000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? Yes No
If yes, the Recipient certifies that it will timely comply with all applicable single or program-
specific audit requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of the Recipient, that the above representations for items 1
and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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