Item D02 � D.2
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: D.2
Agenda Item Summary #6404
BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery
TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington (305) 289-
2524
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AGENDA ITEM WORDING: Presentation of Voluntary Home Buyout Program progress and
approval of resolution to accept the Community Development Block Grant - Disaster Recovery
(CDBG-DR) funds in the amount of $15 million for non-matching grant funds from the Florida
Department of Economic Opportunity (DEO) for implementation of the Voluntary Home Buyout
Program and direct the County Administrator to sign the sub-recipient agreement.
ITEM BACKGROUND:
Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017,
causing the destruction or major damage to over 4000 homes. Congress appropriated $616 Million
for the State of Florida in the aftermath of Hurricane Irma to be administered by the US Department
of Housing and Urban Development. The Department of Economic Opportunity (DEO) developed a
Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed
how the State will administer the funds statewide. The Action Plan allocated $15 Million for the
Voluntary Home Buyout Program (VHBP) for the unincorporated portions of Monroe
County. This program does not require a local match.
The purpose of Rebuild Florida's CDBG-DR VHBP is to acquire properties that are in high-risk
flood areas to help reduce the impact of future disasters, and to assist property owners to relocate to
less risk prone areas. These funds will support property acquisition, structure demolition and
conversion of the land to open space or storm water improvements that alleviate flooding. The
property must be deed-restricted in perpetuity to open space uses or to restore and/or conserve the
natural floodplain functions. The aggregate use of CDBG-DR funds shall principally benefit low and
moderate income persons in a manner that ensures at least 70 percent of the grant amount awarded
under this agreement is expended for activities that benefit such persons;
Post Hurricane Irma, Monroe County conducted a countywide survey of impacted residents who
were interested in housing disaster assistance funds. Monroe County conducted a public outreach
campaign that consisted of a direct mail out to interested individuals, a media outreach campaign,
and an online registration survey. Additionally, the County targeted homes that have been deemed
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"Unsafe" by Code Compliance and the Special Magistrate through Code Compliance proceedings,
due to Hurricane Irma. The program application period closed on September 27, 2019. Monroe
County submitted a total of 62 properties with an initial estimated pre-storm Fair Market Value
according to the Property Appraiser's database of $24 Million to the Florida Department of
Economic Opportunity on October 1, 2019.
The State of Florida notified Monroe County on November 26, 2019 that they intended to award $15
Million to the unincorporated County to implement the VHBP. On March 13, 2020, Monroe County
received the attached Sub-recipient agreement detailing program requirements. Once approved
through resolution by the BOCC, the agreement will be approved by the DEO. Monroe County with
support from contracted vendors will implement the VHBP upon DEO approval anticipated in May
2020. Funding for vendors and administration is included in the $15 Million.
Each of 62 properties will be prioritized for funding based upon State and local project prioritization
points. The State of Florida mandates the following criteria:
• 5 points for low to moderate income (LMI) households;
• 5 points for each of the following persons in LMI households: age 62 years or older, under age
18, anyone that is disabled, handicapped, or has special needs;
• 10 points for NO flood insurance during Hurricane Irma
The Monroe County Board of County Commissions through Resolution No. 224-2019 approved the
following additional local criteria:
• 5 points for substantially damaged homes
• 5 points for homes located in the V Zone
• 5 points for repetitive loss structures
• 10 points for severe repetitive loss structures
• 5 points for high probability of sea level rise inundation.
The final list of ranked properties will be presented to the Board of County Commissioners for
approval of the final funding prioritization.
Estimated timeline follows:
• June 2020 - Subrecipient Agreement executed by County and DEO
• September 2020 - Contract with Grant Administration vendor and other service vendors
(appraisals, surveys, legal, title, environmental, and historic reviews)
• October, 2020 - Set up Program with Vendors
• January-February 2021 - Open Application Period for pre-registered applicants
• March 2021 —Begin purchasing homes and preserving land
Staff requests approval of a resolution to accept the CDBG-DR VHBP funding in the amount of$15
Million in non matching grant funds, directs staff to implement the Voluntary Home Buyout
Program.
PREVIOUS RELEVANT BOCC ACTION: Agenda Item 5801 approving CDBG-DR VHBP
grant application to DEO on 07/22/19, Agenda Item 5883 approving a resolution for CDBG-DR
VHBP local project prioritization criteria on 08/21/19.
CONTRACT/AGREEMENT CHANGES:
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STAFF RECOMMENDATION: APPROVE
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DOCUMENTATION:
FAQs for CDBG-DR VHB Program
Guidelines for CDBG-DR VHB Program
Notice of Intent to Award Letter Monroe County
VHBP Brochure 2-14-2020
I0092 Monroe_County_BOCC_VHB_Subrecipient Final.docx
Draft Resolution accepting VHBP Subrecipient agreement
FINANCIAL IMPACT:
Effective Date: PENDING
Expiration Date: 2 years after sub recipient agreement execution
Total Dollar Value of Contract: NA
Total Cost to County: NA
Current Year Portion: NA
Budgeted: No
Source of Funds: NA
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: NA If yes, amount:
Grant: $15 Million
County Match: $ 0
Insurance Required: 0
Additional Details: Total grant award allocation may increase or decrease based upon the
determination of priority need by the DEO.
REVIEWED BY:
Helene Wetherington Completed 04/23/2020 12:37 PM
Assistant County Administrator Christine Hurley Completed
05/03/2020 12:43 PM
Christine Limbert Completed 05/05/2020 3:59 PM
Purchasing Completed 05/05/2020 4:11 PM
Budget and Finance Completed 05/05/2020 4:23 PM
Maria Slavik Completed 05/05/2020 4:36 PM
Kathy Peters Completed 05/05/2020 6:56 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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.Voluntary Home Buyout Program IFrequently Asked Questions r
Q. What entities are eligible to apply for funding from the Rebuild Florida Voluntary Home Buyout c
Program (the Program)?
A. All impacted counties and municipalities that received a declaration of both Individual Assistance
and Public Assistance from the Federal Emergency Management Agency (FEMA) after Hurricane c
Irma are eligible to apply for assistance for non-commercial properties. City and county
governments that are within the federal and state designated Most Impacted and Distressed (MID)
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areas are shown here and below.
Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, Desoto, Dixie,
Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough,
Indian River, Lafayette, Lake, Lee, Levy, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau,
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Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. 2
Johns, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union and Volusia.
Q. Do specific properties/addresses need to be identified in an application?
A. All properties must be identified as having been damaged by Hurricane Irma. Applicants have two
options: Leveraging CDBG-DR funding as a match for existing FEMA HMGP projects or applying
directly to the LMI Area Benefit and/or LMI Household. For either option, the property must be
identified in the application.
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Q. If specific properties are identified, do the owners need to provide commitment to sell before the
application is submitted to DEO?
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A. All owners must sign a Voluntary Acknowledge Form at the time of the application; however, an
applicant has the right to withdraw from the program at any time prior to closing.
Q. What activities are eligible for funding in the Program:
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A. Allowable costs for property buyout projects depend upon the scope of the project.The following
costs associated with the buyout of hazard-prone real property and the demolition of structures are
allowable:
• Market value of the real property (i.e., land and structure) either at the time of sale or ca
immediately prior to Hurricane Irma depending upon the ownership status at the time of
Hurricane Irma. Therefore, if the appraisal of the property is prior to the disaster then all
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Duplication of Benefits (DOB) must be subtracted from this amount unless the owner can
provide proof that funds were used for another eligible purpose and should be excluded as
an offset to the amount of the DOB.
• Fees for necessary appraisal costs, title search, title insurance, property inspection, and
survey if applicable.
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• Demolition and removal of property.
• Fees paid for environmental review services.
• Relocation costs associated with displaced tenants under the Uniform Relocation Act. CO
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Q:After the Request for Application is published, when will the application submission cycle open?
A. The application submission cycle will open on July 16, 2019.
Q:When the application submission cycle opens, how long will applications be accepted? e
A. Applications can be submitted from July 16, 2019, through August 15, 2019.
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Q. What are the criteria for the property to qualify for the Program?
A. Each property must meet the following qualifications listed below:
• The property is purchased from a willing, voluntary seller.
• The property contains a structure that has been damaged or destroyed due to Hurricane
Irma, or the property is in a SFHA, or a High- Risk Flood Area. E
• All compatible easements or encumbrances can and must be extinguished.
• The property cannot be contaminated with hazardous materials at the time of buyout, other
than incidental demolition or household waste.
• The property cannot be part of an intended, planned, or designated project area for which
the land is to be acquired by a certain date, and/or where there is an intention to use the
property for any public or private future use inconsistent with the open space deed
restrictions and FEMA acquisition requirements (e.g., roads and flood control levees). .N
• The property will not be subdivided prior to the buyout, except for portions outside the
identified hazard area, such as within a SFHA or any risk zone identified by FEMA.
• Properties that have received rehabilitation or repairs through the Housing Repair and
Replacement Program will not be eligible for assistance under the Voluntary Home Buyout a
Program.
Q. Is there an income qualification component to the Program?
A. When city and county governments are applying for the Low-and Moderate-Income (LMI) Area Cu
Benefit Program, at least 51% of the households in that area must meet the low and moderate
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median income of that area, as defined by HUD. When applying for the LMI Household Program, all
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households must meet the LMI median income of that area. CO
Q. How will it be determined which applications are awarded funding? CO
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A. All applications will be scored using the scoring methodology outlined in the Program guidebook.
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Awards are determined by those scores, awarding first to those who have scored the highest and
subsequent awards going to those who have scored second highest and so on. N
Q. How will DEO evaluate local government's applications?
A. DEO will rate all subrecipient applications by a process using a scoring method based on:
• Low- and moderate-income persons;
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• Households that are occupied by a disabled individual, and persons that are 62 years of age
and older;
• Benefit target areas;
• Activity need and justification; E
• Cost reasonableness and effectiveness; e
• Environmental justice; and application completion.
Q. What professional services may be procured to achieve success for the Program?
A. Local governments are responsible to hire contract teams that are licensed in the state of Florida
to provide the following: ca
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• Appraisals;
• Title and legal services;
• Environmental reviews;
• Demolition of the property; and
• Other related buyout processes.
Q. Are there any types of ownership that are ineligible for the Program?
A. Yes, the following types of ownership are ineligible for the Program:
• Applicants who lost ownership of their home due to foreclosure;
• Applicants who have outstanding judgments or lawsuits that would prevent the issuance of a
clear title on the property.
Q. Who is responsible for the property after the Buyout or Acquisition is completed?
A. The Local entity is responsible for the property after the buyout or acquisition is completed. For
Buyouts, the property must be maintained in perpetuity for open space, recreation, wetland or
flood control and limited structures may be erected.
Q. Is a property appraisal required? >
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A. Yes. The property value, either current or pre-event depending upon ownership status at the
time of Hurricane Irma, must be derived from a method that results in a reasonable determination
of Fair Market Value (FMV). The value for each property identified for buyout will be established by
the subrecipient based on the pre-event FMV, minus any Duplication of Benefits (DOB) for
applicants that owned the property at the time of the disaster. Owners that purchased the property CL
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after the date of the disaster will be limited to the price the owner paid for the property, which is
not to exceed the pre-event FMV. If repairs have been made to the property, eligible repair receipts
are added to the post-event price of the buyout.
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Q. What if the property owner disagrees with the appraiser's determination for market value?
A. If the property owner disagrees with the appraisal, the property owner may, at their expense, N
have a second appraisal performed. The Program shall not reimburse the owner for the second
appraisal. In the event of a pre-storm disaster appraisal, the Program can determine in policy if they
want to accept an independent appraisal for a third-party transaction—like a refinancing—that was E
done relatively close in time to the storm as an appeal
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Q. Does the Duplication of Benefits review apply?
A. Yes, under the Stafford Act: Sec. 312 — Duplication of benefits (DOB), any agency administering a
federal grant must ensure that their assistance does not duplicate the benefits of any other
assistance. If duplicate funding is discovered, the amount of the buyout award shall be decreased. E
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Q. How can Duplication of Benefits be prevented?
A. Property flood claim damage payments can be verified by the National Flood Insurance Program
and a thorough review of the applicant's information will be conducted and evaluated. e
Q. Is an environmental review necessary?
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A. Yes, the subrecipient is responsible for conducting environmental reviews or causing such
reviews to occur through contracted providers of environmental services. The subrecipient will be
responsible for ensuring that all reviews are completed on all properties, including damaged
properties that are to be acquired by the local government as well as properties to be obtained by
the seller through the housing replacement assistance.
Q. Is a damage assessment required?
A. Yes, an assessment by a certified or licensed inspector (HQS, TREC, or similar license) is required
to specifically and clearly document storm related property damage via photographic evidence and
detailed narratives.
Q. If a homeowner has negative equity on their mortgage, can they still participate in the Program?
A. Participation in the Program requires a clear title. If a clear title cannot be obtained, then the
property does not qualify for the Program.
Q. Who is responsible for the demolition?
A. The local Program is responsible for the demolition of improvements on the property, but it is an
allowable expense under the CDBG-DR Program.
Q. How long do we (local governments) have to complete the Program?
A. All subrecipients have 24 months to complete the program.
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Q. Are residential rental properties eligible? CL
A. Yes.
Q. What if houses have renters?
A. Tenants who are displaced as a result of the owner's sale of the property to the subrecipient are
entitled to assistance under the Uniform Relocation Act (URA) and Real Property Acquisition Policies
Act. The subrecipient must develop and implement URA policies and procedures and ensure that all N
required notices, services and payments afforded to tenants qualified under URA are provided in a
timely manner.
Q. Can Housing Replacement Assistance be provided?
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A. Yes, all property owners participating in the buyout are eligible for up to the maximum housing
replacement assistance allowed by the Robert T. Stafford Act. All income-qualified buyout
participants are eligible for up to $25,000 in the housing replacement assistance plus pre-event ca
market value of their buyout home.Those that are not income qualified will be eligible for up to E
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$10,000 in housing replacement allowance only if the damaged property is located within the
designated area.
Q. If a homeowner demolished the home after the event, but applies to the buyout program, can the e
lot/home be purchased if they can prove the home previously existed?
A. Yes, the subrecipient can purchase the home.The use of the County Appraisal District's records
could be used to establish a value.
Q. Can funding be applied only for new projects, or can existing projects be funded?
A. Applicants have two options.The first option is to leverage CDBG-DR funding as a match for
existing FEMA HMGP projects. The second option is to apply for properties that that can be 2
identified as LMI Area Benefit where at least 51%of the residents are LMI persons, and/or apply for
the LMI Households that will also be required to participate in the replacement housing incentive
program in order to meet the National Objective.
Q. How do you submit an application for the Voluntary Home Buyout Program?
A. Rebuild Florida prefers electronic submissions, but mailed applications are also acceptable.
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Submit applications electronically to RebuildFlorida(@deo.Myflorida.com with "Voluntary Home
Buyout Program Application" as the subject line:
Submit applications via mail to:
Florida Department of Economic Opportunity
Office of Disaster Recovery
Attention:Joshua Bradt
The Caldwell Building
107 East Madison Street, MSC-400L.
Tallahassee, FL 32399 ca
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Voluntary Home Buyout
Program Guidelines
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Table of Contents
Introduction ....................................................................................................................................................1 0
Definitions................................................................................................................................................1
Application and Administration of the Buyout.....................................................................................2
NationalObjectives .................................................................................................................................2
How to meet the National Objective 2
Locations..................................................................................................................................................3
PrioritizingProjects.................................................................................................................................3
PropertyValuation .........................................................................................................................................4
Appraisals ................................................................................................................................................4
Titleand Legal Services..........................................................................................................................4
Environmental Reviews 5 0
Eligible Property Types and Requirements.................................................................................................5
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ProjectEligibility............................................................................................................................................5 _
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Eligible (Allowable) Cost.........................................................................................................................6
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Ineligible(Not Allowable) Cost...............................................................................................................6 .
Award Determination 7 0
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Award Calculation Methodology..................................................................................................................7
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Duplication of Benefits Process 80.
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Housing Replacement Assistance Determination......................................................................................9
OpenSpace Restrictions.............................................................................................................................10 0
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Introduction
The Florida Department of Economic Opportunity(DEO) Office of Disaster Recovery(ODR) is the
administrator of a Community Development Block Grant—Disaster Recovery (CDBG-DR) program funded by
the U.S. Department of Housing and Urban development (HUD) under Public Laws 115-56 and 115-123. '
DEO is the agency responsible for the administration of disaster funds allocated to housing, economic
development, and infrastructure activities. DEO is administering Rebuild Florida's Voluntary Home Buyout
Program. The purpose of Rebuild Florida's CDBG-DR Voluntary Home Buyout Program is to acquire
properties that are in a Special Flood Hazard Area (SFHA), and in high-risk flood areas to help reduce the
impact of future disasters, and to assist property owners to relocate outside the threat of flooding. To
administer this program, city and county governments that are within the Most Impacted and Distressed
(MID)areas, as defined by HUD and DEO in the 2018 State of Florida Action Plan for Disaster Recovery,
may apply.
There are two options for cities and counties to apply for assistance under the Rebuild Florida Voluntary
Home Buyout Program. The first option is to use the available CDBG-DR funding as leverage to match
funding for projects that are also eligible for the Hazard Mitigation Grant Program (HMGP). The second
option is to work with the cities and counties directly in low-to moderate-income areas to acquire contiguous
parcels of properties, and to acquire property from low-to moderate- income households (LMH)with a focus
on LMH that did not have flood insurance at the time of Hurricane Irma.
Cities or counties participating in this program must purchase properties at the pre-event fair market value
(FMV)of the land and the structure for all sellers that were owners of the property at the time of Hurricane
Irma. For all sellers that own the property post Hurricane Irma, post-event FMV must be used to purchase the c
property and may not exceed the pre-event FMV and properties located in the designated area must be
deed-restricted to remain green space in perpetuity. In addition to the pre-event FMV of the property, eligible
owners with qualified income may also receive a housing replacement assistance incentive up to $25,000, y
and owners with non-qualified income may receive a housing replacement allowance up to $10,000. All
awards are subject to the Robert T. Stafford Act, requiring that all funds used for disaster-related purposes
be deducted as a duplication of benefit, which is discussed in greater detail below.
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Definitions
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• "CDBG-DR"means Community Development Block Grant-Disaster Recovery.
• "100-year flood plain"means the geographical area defined by FEMA as having a one percent
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chance of being inundated by a flooding event in any given year.
• "500-year flood plain"means the geographical area defined by FEMA as having a 0.2
percent chance of being inundated by a flooding event in any given year.
• "Duplication of Benefits" (DOB) means any assistance provided to a homeowner for the
same purpose (i.e., for repair, replacement or reconstruction) as any previous financial or in-
kind assistance provided to a property owner for the repair, replacement, or reconstruction of
his or her home. Rebuild Florida is prohibited from creating a DOB. This prohibition comes
from the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act)and
therefore, these other sources of funds must be deducted from any potential award.
• "Pre-event fair market value"means the land and dwelling value for parcels, as determined
by each subrecipient, prior to the disaster.
• "Post-event fair market value"means the land and dwelling value for parcels, as determined
by each subrecipient, after the disaster.
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• "Eligible receipts"means proof of payment for items that are strictly for rebuilding the E
disaster-affected structure. Receipts must consist of permanent fixtures only, such as wood c
panels, drywall, paint, carpet, etc.
• "Ineligible receipts"means receipts for repairs that are completed on detached buildings such
as garagesor sheds, and personal items such as food and clothing, gasoline, tools, and
equipment. c
• "Eligible Property"means a property that is located within designated areas or is located outside ,
of the designated area and is substantially damaged and is a health and safety risk.
• "Designated Area"means the land determined by the subrecipient that is eligible for the c,
Voluntary Home Buyout Program.
• "Low-to Moderate-Income (LMI)"means an income is less than 80% of the local area median
income.
• "Low-to Moderate-Income Household(LMH)"means a household with an income that is E
less than 80% of the local area median income (AMI).
• "Special flood hazard area (SFHA)"means the area where the National Flood Insurance
Program's (NFIP's)floodplain management regulations must be enforced and the area where the
mandatory purchase of flood insurance applies.
• "Subrecipient"means a city or a county that has applied for and has been awarded a CDBG-DR
buyout project by the Florida Department of Economic Opportunity (DEO).
Application i i t ti the Buyouty
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A city or county must apply for the CDBG-DR Voluntary Home Buyout Program offered in their community.
At the time of the application, the subrecipient identifies properties that would qualify for the program. A c
budget will be determined based on the pre-event FMV of all properties identified eligible for the program
that were owned by the sellers at the time of the disaster; however, all properties identified as eligible for y
the program that were purchased post disaster will have budgets determined on the basis purchase price,
which is not to exceed the pre-event FMV. If awarded, the city or county would enter into a contract with
DEO to administer and oversee their jurisdiction in which the program applies.
The property owners that apply for the voluntary home buyout program submit their applications directly to W
the subrecipient. Once the local level of government approves an individual property owner's application
for buyout assistance, the subrecipient must submit the application to DEO for verification that the property
is not receiving or has not received Rebuild Florida housing repair or replacement assistance. A property c
owner cannot be eligible for buyout assistance if the property owner has received CDBG-DR funding to
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repair the property. A subrecipient may subcontract with a third-party administrator to administer the
program for them.
Nationalti
The Voluntary Home Buyout Program will meet the Low- Moderate-Income (LMI)Area Benefit, and the Low-
to Moderate-Income Housing (LMH) National Objective. To meet the LMI Area Benefit, the properties
acquired through buyouts will be used in a way that benefits all the residents in an area where at least 51
percent of the residents are low- and moderate-income persons. To meet the National Objective of LMH, the
households to be assisted must be LMI and occupy the replacement housing. Occupying replacement
housing means that CDBG-DR funds will be provided for an eligible activity that benefits the LMH by
supporting their move from high risk areas.
How to meet the National Objective E
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When undertaking buyout activities and to demonstrate that a buyout meets the LMH National Objective, and E
according to the State CDBG regulations at 24 CFR 570.483(b)(3), entitlement CDBG regulations at 24 CFR c
570.208 you must apply the LMH National Objective to eligible activity carried out for the purpose of
providing or improving permanent residential structures that, upon completion, will be occupied by low- and
moderate- income households. Therefore, a buyout program that merely pays homeowners to leave their
existing homes does not result in a low- and moderate- income household occupying a residential structure
and, thus, cannot meet the requirements of the LMH National Objective.
If the subrecipient chooses to buyout low-and moderate-income households, the buyout can be structured in
one of the following ways to meet the National Objective:
• The subrecipient must combine the acquisitions of the properties with another direct benefit, such as
the housing replacement assistance and allowance program that Rebuild Florida has established as
an incentive for the Voluntary Home Buyout Program, or
• The subrecipient must meet the low- and moderate-income area benefit criteria, provided that the E
subrecipient can document that the properties acquired through the buyouts will be used in a way
that benefits all the residents in an area where at least 51 percent of the residents are low- and
moderate-income persons. When using this approach, the subrecipient must define the service area
based on the end use of the buyout properties.
Locations ,
Those counties that received a declaration of both FEMA Individual Disaster Assistance (IA)and
Public Disaster Assistance (PA) after Hurricane Irma are eligible to apply to DEO to be a subrecipient
of funding and administer a local Voluntary Home Buyout Program.
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Prioritizing
All local governments that apply will prioritize all home buyouts by focusing on acquisition of properties that
are in concentrated residential areas that meet the low- and moderate-income area definition. DEO will rate
all subrecipient applications by a process using a scoring method based on low-and moderate-income
persons; households that are occupied by the disabled, and persons that are 62 years of age and older;
benefit target areas; activity need and justification; cost reasonableness and effectiveness; environmental
justice; and application completion.
Each subrecipient can score a maximum 55 points per household plus an additional 15 bonus points for an
early submission and application completion. The scoring method will be as follows: c
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1. Benefit to LMI households—maximum of 20 points combined:
A. LMI household: 5 points.
B. LMI household that occupies anyone 62 or older: 5 points.
C. LMI household that occupies anyone under age 18: 5 points.
D. LMI household that includes anyone that is disabled, handicapped, or has special needs: 5
points.
2. Low- and moderate-income households that did not have flood insurance at the time of the disaster:
10 points. ,
3. Matching contributions—maximum of 25 points combined:
A. Efforts leverage funding with HMGP: A maximum of 10 points will be awarded based on the
applicant's efforts to secure funding with HMGP as part of the match program offered as
option one of the Voluntary Home Buyout Program.
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B. Matching: A maximum of 15 points will be awarded based on the ratio of the amount of E
eligible matching funds to the amount of CDBG funds request: 1.1 or more, 15 points; 0.75— c
1, 10 points; 0.50-1, 7 points; 0.25-1, 5 points; and less than 0.25, 0 points.
4. Application submitted 10 days prior to the deadline: 10 points—application must be completed in its
entirety. An incomplete application will not receive these 10 points.
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5. Application Completeness: A maximum of 5 points—applications will receive up to 5 bonus points
based on completeness.Applications that have not been signed will not be considered.
Property Valuation
The value for each property identified for buyout will be established by the subrecipient based on the pre-
event FMV, minus any DOB for applicants that owned the property at the time of the disaster. Owners
that purchased the property after the date of the disaster will be limited to the price the owner paid for the
property, which is not to exceed the pre-event FMV. If repairs have been made to the property, eligible
repair receipts are added to the post-event price of the buyout. Local governments are responsible to hire
contract teams that are licensed in the State of Florida to provide the following:
• Appraisals;
• Title and legal services;
• Environmental reviews;
• Demolition of the property; and
• Other related buyout processes.
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Appraisals
The property value, either current or pre-event depending upon ownership status at the time of Hurricane
Irma, must be derived from a method that results in a reasonable determination of FMV. The appraisal
methodology shall be used in this program, and appraisals must be conducted by an appraiser in
accordance with the Uniform Standards of Professional Appraisal Practice. The appraiser must comply >
with relevant State laws and requirements and shall have the appropriate certification, qualifications, and
competencies based on the type of property being appraised. When determining the value of many
structures, the subrecipient may choose to perform appraisals to establish a statistical sampling of
property values and develop an adjustment factor to apply to tax assessed values so that they
reasonably reflect each property's market value. DEO will monitor each subrecipient's appraisal
practices.
Title i
The subrecipient shall conduct a title search for each property it plans to acquire. The purpose of
the title search is to ensure that the owner is the sole and actual titleholder to the property, identify other
persons with a property interest, and to ensure that the title is clear. Clear title means that there are no
mortgages or liens outstanding at the time of sale. In addition, there may not be incompatible easements
or other encumbrances to the property that would make it either ineligible for acquisition or noncompliant
with open space land use restrictions.
Other requirements include:
• A title insurance policy, demonstrating a clear (fee)title conveyance, must be obtained for each
approved property that will be acquired.
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Pe Voluntary Home Buyout Program Guidelines
Florid
• A physical site inspection for each property verifying the property has no physical encumbrances, m
which may require a site survey to clearly establish property boundaries. c
• Title to the property must transfer by a warranty deed in all jurisdictions that recognize warranty
deeds.
• All incompatible easements or encumbrances must be extinguished.
• The subrecipient shall take possession at settlement.
• The subrecipient must record the deed at the same time as and along with the programmatic deed
restrictions.
• The deed transferring title to the property and the programmatic deed restrictions will be recorded
according to State law and within 14 days after settlement.
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Environmental i E
0)
The subrecipient is responsible for conducting environmental reviews or causing such reviews to occur
through contracted providers of environmental services. The subrecipient will be responsible for
ensuring that all reviews are completed on all properties, which includes damaged properties that are to
be acquired by the local government as well as properties to be obtained by the seller through the
housing replacement assistance. This review is to be completed prior to an award for both acquired and
allocated properties. The new property must meet the minimum Department of Social Services
Standards (DSS), as determined by the Housing Quality Standards (HQS) under HUD guidelines, or an
inspection equivalent. This is not to be completed until the property owner has completed the eligibility
phase and has been confirmed to be eligible for assistance.
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Eligible Property T ypes and Requirements
The eligible property types are non-commercial properties, which may include owner-occupied structures,
residential rental properties, or vacant lots. To be considered an eligible property for the buyout program,
the property must satisfy at least one of the following requirements:
• The property is located within the designated areas (Special Flood Hazard Area (SFHA)or High-Risk
Flood Area)or
• The property is located outside of the designated areas and satisfies one of the following W
requirements:
The property is substantially damaged (51% or more of the pre-event fair market value of
the structure is damaged); or CL
The property is considered a health/safety risk;or
The property is located within a floodway.
Project Eligibility
Properties eligible for buyout must meet the following requirements:
• The property will be purchased from a willing, voluntary seller.
• The property contains a structure that has been damaged or destroyed due to Hurricane Irma, or the
property is in a SFHA, or a High- Risk Flood Area.
• All compatible easements or encumbrances can and must be extinguished.
• The property cannot be contaminated with hazardous materials at the time of buyout, other than
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Pe Voluntary Home Buyout Program Guidelines
Florid
incidental demolition or household waste. E
0
• The property cannot be part of an intended, planned, or designated project area for which the
land is to be acquired by a certain date, and/or where there is an intention to use the propertyfor
any public or private future use inconsistent with the open space deed restrictions and FEMA
acquisition requirements (e.g., roads and flood control levees).
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• The property will not be subdivided prior to the buyout, except for portions outside the identified
hazard area, such as within a SFHA or any risk zone identified by FEMA. ,
• Properties that have received rehabilitation or repairs through the Housing Repair and
Replacement Program will not be eligible for assistance under the Voluntary Home Buyout c�
Program.
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Eligible
Allowable costs for property buyout projects depend upon the scope of the project. The following costs
associated with the buyout of hazard-prone real property and the demolition of structures are allowable:
• Market value of the real property(i.e., land and structure) either at the time of sale or immediately
prior to Hurricane Irma depending upon the ownership status at the time of Hurricane Irma.
Therefore, if the appraisal of the property is prior to the disaster then all Duplication of Benefits
(DOB) must be subtracted from this amount unless the owner can provide proof that funds were
used for another eligible purpose and should be excluded as an offset to the amount of the DOB.
• Fees for necessary appraisal costs, title search, title insurance, property inspection, and survey if
applicable.
• Demolition and removal of property.
• Fees paid for environmental review services.
• Relocation costs associated with displaced tenants under the Uniform Relocation Act. y
The following costs of demolition activities at the vacated site are generally allowable if necessary:
• Removal of demolition debris to an approved landfill, which includes debris from the demolition of
houses, garages, driveways, sidewalks, and above-grade concrete slabs.
• Asbestos abatement. E
• Removal of septic tanks. If not removed, the floors and walls of the tank must be cracked or
cu
CD
crumbled so the tank will not hold water and then be filled with sand or other type of clean fill.
CL
• Removal of all structure foundation and basement walls to a point at least one foot below the
finish grade of the site.
• Removal of only those trees that restrict the demolition work on any structure. ,
• Termination of all abandoned utilities to a point at least two feet below the finish grade of the site.
• Capping of all wells and/or removal of associated components.
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• Grading, leveling, and site stabilization of all demolition sites. y
Ineligib
Costs that are not allowable under this Voluntary Home Buyout Program include, but are not
limited to:
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Pe Voluntary Home Buyout Program Guidelines
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• Compensation for land that is already held by an eligible entity. This is the case even if the
eligible entity is not the subrecipient for the project. However, in that event compensation for c
development rights (e.g., obtaining an open space easement) may be an allowable cost.
• The cleanup or remediation of contaminated properties, except for permitted disposal of
incidental demolition and household hazardous wastes.
Award Determination
Cities and counties will use the applicable FMV methodology to determine the fair market value of a
property for sellers based on the ownership status at the time of Hurricane Irma, and must provide
documentation within the application to DEO to support that methodology:
• Owners of eligible properties at the time of Hurricane Irma receive an offer to purchase the
property minus any duplication of benefits (DOB).
0)
• Owners that purchased eligible property after Hurricane Irma will receive an offer to purchase the
property based on pre-event FMV as the basis of their buyout, subject to the following limitations
and DOB review:
1. The amount of the award is limited to the price the owner paid for the property, not to exceed
the pre-event fair market value. If repairs have been made to the property, eligible repair
receipts are to be added to the post-disaster price of the acquisition.
2. Banks or mortgage companies that have been deeded the property on a post Hurricane Irma
basis will be limited to the amount of the mortgage balance (pay-off). This is all that the
bank(s)or mortgage company(ies)would receive if the owner of the property had participated �+
in the program.
3. Properties that are in foreclosure and with the same owner as that prior to Hurricane Irma will c
receive any remaining proceeds (i.e., after sales expenses, taxes, liens) after the sale of the
property, with the award being based on pre-event FMV.
4. Trusts, probates, and living wills will receive an offer based on the pre-event fair market value
as if the pre-event owner is participating and subject to a DOB review. This is the same offer >
0
the owner would have received if they had participated in the program.
5. If the property is in the court of bankruptcy, the bankruptcy trustee will provide the valuation
documentation that was used to value the property at the time of the bankruptcy. The award
amount is not to exceed the pre-event fair market value; however, if the property is being
held in the trust with the owner remaining the current deed holder and has not been acquired c
by the trustee, documentation must be provided to demonstrate that the property is still CL
deeded to the owner and only held in the trust. If this proof is provided, the owner will
receive an award based on the pre-event fair market value of the property.
Award Calculation Methodology
Rebuild Florida has developed multiple disaster recovery housing programs based on the nature and
scope of damage in order to meet the objectives of recovery efforts. This Award Calculation Methodology
demonstrates a method of calculating an individual's award in the context of the Voluntary Home Buyout
Program by using the pre-event FMV, and in combination with other housing programs, such as HMGP E
and the Housing Replacement Assistance and Housing Replacement Allowance programs. All awards
are subject to DOBs.
The following provides four examples of calculating duplication of benefits for the subrecipient to offer in
combination with other housing programs:
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Pe Voluntary Home Buyout Program Guidelines
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• Hazard Mitigation Grant Program (HMGP): Subrecipients may use CDBG-DR funds as the E
required matching funds for residential properties that will be purchased through the local c
jurisdiction's HMGP program. This is a voluntary real property acquisition program funded by
FEMA to acquire flood damaged homes at FMV. HUD has provided a CDBG-DR matching
component funded with 75% FEMA funds (with up to 25% CDBG-DR match funds)or 90% FEMA
funds (with up to 10% CDBG- DR match funds).
• CDBG-DR Buyout Program: Subrecipients may fund 100%of the buyout with CDBG-DR funds.
This is a voluntary real property acquisition program with awards that are limited to the pre-event
FVM of the land and structure.
• Housing Replacement Assistance: Subrecipients may offer incentives to low-to moderate-income
qualified applicants as part of the buyout program design. This is a program to retain an area's
population, awarding up to $25,000 in addition to the pre-event FMV of the buyout home for
income-qualified buyout applicants.
• Housing Replacement Allowance: Subrecipients may offer a lower value incentive to E
qualified participants who do not meet low-to moderate-income requirements. This is a
program for those who are not income-qualified for the Housing Replacement Assistance.
Participants can be eligible for up to $10,000 in Housing Replacement Assistance if their
damaged home meets certain requirements.
Both housing replacement awards are subject to the Robert T. Stafford Act, requiring that these
funds be considered duplication of benefits. This funding may only be used to purchase a new
home within the same taxing jurisdiction. Additionally, applicants may only qualify for this
additional assistance if they relocate outside of the floodplain to a lower-risk area. Subrecipients
must maintain documentation describing how the amount of assistance was determined to be
necessary and reasonable.
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Duplication of Benefits Process
Costs that duplicate amounts received by or available to the property owner or affected tenant from
another source for the same purpose are not allowable. The deduction will be taken from the purchase
offer if the offer is determined by an appraised market value prior to Hurricane Irma. The program will
recoup duplicative amounts identified after grant funds have been expended. Property owners who
receive duplicative payments following the conclusion of the property settlement are responsible for
reimbursing the subrecipient for those duplicated funds. �--
State grant program funding is supplemental to other funding sources and must be reduced by amounts
reasonably available (even if not sought or received)from other sources to address the same purpose or
loss. DEO, subrecipients, and project participants, including property owners and tenants, must take CL
reasonable steps to recover all such amounts. Amounts that are reasonably available to the individual or
entity shall be treated as benefits available for the same purpose, even if he/she/it did not seek them.
All subrecipients must create and implement a subrogation policy to address recoupment of duplicative
funds received by a program participant after the settlement of grant funds. All subrecipients must enter
into a subrogation agreement with each program participant.
Tax adjustments resulting from filings related to losses to the rental property are not considered a DOB
and do not affect the award.
For property valuations based on post-disaster FMV, no DOB will be taken from the offer. A program that
provides post-disaster FMV to buyout applicants only provides the actual value of the property; thus, the
seller is not considered a beneficiary of CDBG-DR assistance; therefore, this activity does not fall under
the Stafford Act.
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Packet Pg.655
D.2.b
Pe Voluntary Home Buyout Program Guidelines
Florid
For property valuations based on pre-disaster FMV, the following procedures assist in preventing grant E
funds from duplicating benefits available from other sources: c
• Property owners who have a U.S. Small Business Administration loan with a mortgage on the
property that is to be acquired are required to repay the loan or roll it over to a new loan at
closing.
0
• The subrecipient shall identify any other potential sources of benefits to the property owner, or
tenant.
• The subrecipient is responsible to verify information via FEMA Data for structural repairs and
replacement, and rental or relocation assistance provided to tenants along with verifying all c,
National Flood Insurance Program (NFIP) coverage information, including the amount paid on a
claim and the amount of coverage available.
0
• The subrecipient shall coordinate with property owners who shall disclose all potential amounts
available to them for the same purpose, as described above, including repair or replacement m
assistance received, all insurance benefits available to them under an existing policy(whether
they submitted a claim or not), and any potential recovery based on litigation or other legal
obligations. The property owner must take reasonable steps to recover such amounts.Amounts
that are reasonably available or anticipated to the property owner shall be treated as benefits
available for the same purpose, even if the property owner did not seek them. m
• The subrecipient shall coordinate with tenants who shall disclose any amounts received from
rental or relocation assistance.
Housing Replacement Assistance Determination
N
0
Because this is a voluntary home buyout program, owners are not eligible for assistance under the Uniform
Relocation Assistance (URA)and Real Property Acquisition Policies Act. However, tenants who are
displaced as a result of the owner's sale of the property to the subrecipient are entitled to assistance under y
the URA.
All property owners participating in the buyout are eligible for up to the maximum housing replacement
assistance allowed by the Robert T. Stafford Act. All income qualified buyout participants are eligible
for up to $25,000 in the housing replacement assistance plus pre-event market value of their buyout
home. Those that are not income qualified will be eligible for up to $10,000 in housing replacement
allowance only if the damaged property is located within the designated area.
0
The following requirements must be met to qualify for housing replacement assistance: CL
• The buyout home must be in the designated area or house a low-to moderate-income family.
• The homeowner must purchase a replacement home that is more expensive than the buyout
home. '
• The replacement home must be located within the jurisdiction of the subrecipient.
• The replacement home must be considered decent, safe, and sanitary.
If income qualified, the housing replacement assistance would be a maximum of$25,000. However, the
replacement home purchased must be valued at$25,000 greater than the buyout home to receive the full ,
award. If the value of the replacement home is less than $25,000 but is more than the pre-event fair
market value of the buyout home, the applicant's housing replacement assistance will be capped at the
difference. If the applicant is not income-qualified, the maximum amount of replacement housing the
applicant can receive is $10,000. Pre-event owners of vacant lots and rental properties are not eligible to
receive housing replacement assistance, as they did not occupy the structure at the time of the disaster.
9
Packet Pg.656
D.2.b
Pe Voluntary Home Buyout Program Guidelines
Florid
In addition, post-event owners are not eligible to receive a replacement housing award, as they were not E
required to relocate due to the disaster. c
LN
If a rental home is purchased through the Voluntary Home Buyout Program and houses tenants that will be
required to relocate, they are considered displaced persons that are eligible for relocation benefits under
the Uniform Relocation Act (URA). The subrecipient must develop and implement URA policies and
procedures and ensure that all required notices, services and payments afforded to tenants qualified under
URA are provided in a timely manner.
Open Space Restrictions
To be eligible, a project must result in property buyout that meets all the requirements governing the use
of grant funds and the use of acquired real property, including:
• The property acquired, accepted, or from which structures are removed will carry a permanent
deed restriction requiring the property be maintained for open space, recreational, or wetlands
management purposes only.
• The subrecipient will dedicate and maintain the property in perpetuity for uses compatible with
open space, recreational, or wetlands management practices, and be consistent with
conservation of natural floodplain functions.
• The subrecipient must record the deed restrictions consistent with the model deed.
Construction of new structures is only allowed where:
r_
• A public building is open on all sides and functionally related to a designated open space or .N
recreational use. c
• The structure is a public restroom.
• The structure is compatible with open-space, recreational, or wetlands management usage and
floodplain management policies and practices and has DEO and FEMA approval in writing
before the construction of the structure begins.
• Any new structures built on the property according to the third subparagraph above will be elevated
or flood-proofed to the Base Flood Elevation (BFE) plus two foot of freeboard as defined in the
Federal Register 24 CFR 55.2(b)(10) and meet applicable requirements of the National Flood <
Insurance Program (NFIP)floodplain management regulations or local codes.
• After settlement, no federal disaster assistance for any purpose from any federal source, nor flood
insurance payments will be made with respect to the property, and no person or entity shall seek
such amounts. CL
• The subrecipient must obtain the approval of DEO and the FEMA Regional Administrator before
conveying ownership (fee title)of the property to another public agency or qualified conservation
organization. Property transfer to private citizens and corporations will not be approved.
• All development rights in the form of a conservation easement on the property must be conveyed to
the conservation organization or retained by the subrecipient or other public entity.
0
• The subrecipient must accept responsibility for monitoring and enforcing the deed restriction y
and/or easement.
10
Packet Pg.657
D.2.c
Ron DeSantis Ken Lawson
GOVERNOR t/LLf TiVE DMECT t
FLORIDA e
ECONOMIC OPPORTUNITY >
November 26, 2019
Helene Wetherington
Monroe County
2798 Overseas Highway
Marathon, FL 33050 m
RE: Notice of Intent to Award - Irma
Dear Ms.Wetherington: .
The Florida Department of Economic Opportunity (DEO) is pleased to inform you that your community has
been selected to receive the Community Development Block Grant- Disaster Recovery (CDBG-DR) funds
based on the application previously submitted. We would like to thank Monroe County for participating in
the competitive application process. We appreciate your staff welcoming us to your community to conduct N
the risk assessment site visit. Please see below for specific information regarding your community's CDBG- 0
DR selection:
Project Name: Voluntary Home Buyout Award Amount: Up to$15,000,000.00 y
In the next few weeks, someone from my team will contact you to continue the grant process. Receipt of
CDBG-DR funds are contingent upon entering into a subrecipient agreement with DEO. DEO will assist your
staff in the development of an acceptable scope of work and budget for your community's subrecipient <
agreement. Once those are developed, DEO will send the subrecipient agreement for review.
DEO looks forward to partnering with your community to serve your citizens in meeting their unmet
disaster recovery needs. If you have any questions or need further information, please contact Joshua
0
Bradt, Disaster Recovery Program Manager,at 850-717-8436 or email Joshua.Bradt@deo.myflorida.com.
. .
Sige6rely
i
Regir Id Dixon, Direc ld
Offic of Disaster Recovery
0
cc: Andrew Janecek,Chief of Business Operations
Joshua Bradt, Program Manager
0
0
0
0
Florida Department of Economic Opportunity I Caldwell Building 1 107 E, Madison Street I Tallahassee, FL 32399
850.245.71051 w -, . loridaJot
www.twitter.com/FLDEO lwww.facebook.com/FLDEO
0
n equal opportunity employer/program.Auxiliary aids and service are available upon: request to individuals with
disabilities,All voice telephone numbers can this document may be reached by persons using TTY/TTD equipment via the
Florida Relay Service at 711,
Packet Pg.658
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DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
State of Florida
Department of Economic Opportunity
0
Federally-Funded
Community Development Block Grant
Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program
Subrecipient Agreement
THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity,
(hereinafter referred to as "DEO'� and Monroe County Board of County Commissioners,hereinafter referred
to as the "Subrecipient" (each individually a"Party"and collectively"the Parties'. )
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
0
WHEREAS,pursuant to Public Law(P.L.) 114-254,the"Further Continuing and Security Assistance
Appropriations Act,2017" and P.L. 115-31, the "Consolidated Appropriations Act, 2017, (hereinafter jointly
referred to as the"Appropriation Acts',and the"Allocations,Common Application,Waivers,and Alternative 6
Requirements for Community Development Block Grant - Disaster Recovery DEOs", 81 Fed. Reg. 224
(November 21,2016); 82 Fed. Reg. 11 (January 18,2017); and 82 Fed. Reg. 150 (August 7,2017) (hereinafter
collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban
Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant -
Disaster Recovery (CDBG-DR) funds to DEO for activities authorized under Title I of the Housing and <
Community Development Act of 1974 (42 United States Code (U.S.C.) 5301 et seq.) and described in the State x
of Florida Action Plan for Disaster Recovery(hereinafter referred to as the"Action Plan'. DEO is hereinafter 0
referred to from time to time as "Grantee".
WHEREAS, CDBG-DR funds made available for use by the Subrecipient under this Agreement
constitute a subaward of the DSO's Federal award,the use of which must be in accordance with requirements
imposed by Federal statutes,regulations and the terms and conditions of DSO's Federal award. a
WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this .0
Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of
the subaward described herein.
WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low- and moderate- I
income persons in a manner that ensures at least 70 percent of the grant amount awarded under this
Agreement is expended for activities that benefit such persons.
I
NOW THEREFORE,DEO and the Subrecipient agree to the following:
0
U
(1) Scope of Work. The Scope of Work for this Agreement includes Attachment A, Scope of Work. With WI
respect to Attachment B,Project Budget Detail, and Attachment C,Activity Work Plan,the Subrecipient shall
submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and 0
appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and N
contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and a)
CD
absolute discretion.
1
Packet Pg.661
DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
(2) Incorporation of Laws, Rules, Regulations and Policies. The Subrecipient agrees to abide by all
applicable State and Federal laws, rules and regulations, including but not necessarily limited to, the Federal CJ
laws and regulations set forth at 24 CFR 570 and the State's Action Plan.
(3) Period of Agreement. This Agreement begins upon execution by both Parties (effective date) and ends
24 months after execution by DEO, unless otherwise terminated as provided in this Agreement. DEO shall
not grant any extension of the Agreement unless the Subrecipient provides justification satisfactory to DEO in m
its sole discretion,and the Director of DEO's Office of Disaster Recovery approves such extension.
(4) Modification of Agreement. Modifications to this Agreement shall be valid only when executed in
writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms
of this Agreement. DEO may accept or reject any proposed modification based on DEO's sole determination
and absolute discretion,that any such acceptance or rejection is in the State's best interest.
(5) Records.
(a) The Subrecipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 —
Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards. 0
(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,
and representatives of the Federal government and their duly authorized representatives shall have access
0
to any of the Subrecipient's books,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 Subrecipient 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 Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph (6) titled"Audit Requirements"and Attachments J and K herein and
ensure that all related party transactions are disclosed to the auditor.
(e) The Subrecipient 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 �I
funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for m
this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.502(a)(7)(ii). The
Subrecipient shall further ensure that audit working papers are available upon request for a period of six
(6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by
DEO. The six-year period may be extended for the following reasons:
1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the
six-year period,in which case the records shall be retained until all litigation, claims or audit findings I
involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $1,000 or more
at the time of acquisition 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 r_
on the transfer of title.
(f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient t�I
and for all contractors, subcontractors and consultants 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 Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate w
CD
bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls CD
to separately track the expenditure of all funds from this Agreement.Provided further,that the only option
available for advanced funds is to maintain such advanced funds in a separate bank account. There shall m
be no commingling of funds provided under this Agreement with any other funds,projects or programs.
2
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DEO Agreement No.:I0092
DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement
for such costs as described herein,Subparagraph (21)(e),Repayments. CJ
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and 0i
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 Federal government or their duly authorized representatives. m
"Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,local time,
Monday through Friday.
(6) Audit Requirements
(a) The Subrecipient shall conduct a single or program-specific audit in accordance with the
provisions of 2 C.F.R. part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
(b) Within sixty(60) calendar days of the close of the fiscal year,on an annual basis,the Subrecipient )
shall electronically submit a completed Audit Compliance Certification to audit a,deo.mvflorida.com,and
DSO's grant manager;a blank version of which is attached hereto as Attachment K. The Subrecipient's 0
timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill
this requirement within all agreements e. contracts rants memorandums of understanding,q g ( g�> > g g>
memorandums of agreement, economic incentive award agreements, etc.) between DEO and the
0
Subrecipient.
(c) In addition to the submission requirements listed in Attachment J titled "Audit Requirements",
the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this
Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-DR subgrant.
(d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including
but not limited to the pertinent Report Submissions provisions of 2 CFR 200.512,when such provisions
are applicable to this Agreement.
(7) Reports. The Subrecipient shall provide DEO with all reports and information set forth in Attachment
G titled"Reports." Both the monthly and quarterly reports,as well as the administrative closeout reports
must include the status and progress of the Subrecipient and all subcontractors in completing the work �I
described in the Scope of Work and the expenditure of funds under this Agreement. Upon request by m
DEO, the Subrecipient shall provide additional program updates or information. 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. DEO may also take other action as stated in Paragraph
(12) Remedies or otherwise allowable by law.
(8) Inspections and Monitoring I
(a) The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and
financial statements as DEO determines is necessary for DEO to meet the requirements of 2 C.F.R. part
200.
(b) The Subrecipient must submit to monitoring of its activities by DEO as DEO determines r_
necessary to ensure that the subaward is used for authorized purposes in compliance with Federal statutes,
regulations and the terms and conditions of this agreement. t�l
(c) This review must include: (1) reviewing financial and performance reports required by DEO, (2)
following-up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the Subrecipient from DEO as detected through audits, on-
site reviews and other means and (3) issuing a management decision for audit findings pertaining to this w
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Federal award provided to the Subrecipient from DEO as required by 2 C.F.R. §200.521.
(d) Corrective Actions:
DEO may issue management decisions and may consider taking enforcement actions if m
noncompliance is detected during audits. DEO may require the Subrecipient to take timely and
3
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DEO Agreement No.:I0092
appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from
the pass-through entity as detected through audits, on-site reviews and other means. In response to audit eJ
deficiencies or other findings of noncompliance with this Agreement, DEO may impose additional 0i
conditions on the use of the CDBG-DR funds to ensure future compliance or provide training and
technical assistance as needed to correct noncompliance.
(9) Duplication of Benefits. The Subrecipient shall not carry out any of the activities under this m
Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of 2
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et seq.) and
described in Appropriations Acts. The Subrecipient must comply with HUD's requirements for
duplication of benefits,imposed by the Federal Register Guidance. The Subrecipient shall carry out the
activities under this Agreement in compliance with DSO's procedures to prevent duplication of benefits. .5
Subrecipient shall sign a Subrogation Agreement (See Attachment XI).
(10) Liability.
(a) If the Subrecipient is a state agency or subdivision,as defined in Section 768.28(2),F.S.,pursuant
to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Cn
Party for the other Party's negligence.
(b) The Subrecipient further agrees to assume sole responsibility,training and oversight of the parties
it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28,
0
Florida Statutes. The subrecipient shall hold DEO harmless against all claims of whatever nature arises
from the work and services performed by third parties under this Agreement. Nothing herein shall be
construed as consent by the Subrecipient to be sued by third parties in any matter arising out of any
agreement,contract or subcontract.
(c) If the Subrecipient is a state agency or subdivision, as defined in Section 768.28, F.S., then the
Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions,which result in
claims or suits against DEO. The subrecipient 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 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 M
arising out of any agreement, contract or subcontract.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the �I
Subrecipient. m
(11) Events of Default. If any of the following events occur ("Events of Default"),DEO may,in its sole and
absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any
of the remedies set forth in Paragraph (12) Remedies or pursue any remedy at law or in equity, without
limitation: (a) Any warranty or representation made by the Subrecipient, in this
Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect, or if
CJ
the Subrecipient fails to keep or perform any of the obligations,terms,or covenants in this Agreement or
any previous agreement with DEO, and/or has not cured them in timely fashion and/or is unable or
unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation;
(b) Any material adverse change occurs in the financial condition of the Subrecipient at any time
during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30) t�I
calendar days from the date written notice is sent by DEO;
(c) The Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete or insufficient information or fails to submit additional information as requested by DEO;
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(d) The Subrecipient fails to perform or timely complete any of its obligations under this Agreement, w
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including participating in DSO's Implementation Workshop.
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DEO Agreement No.:I0092
The Parties agree that in the event DEO elects to make payments or partial payments after any Events
of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and
without becoming liable to make any further payment. m
(e) Neither Party shall be liable to the other for any delay or failure to perform under this
Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or
agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or m
other similar cause wholly beyond the Party's control or for any of the foregoing that affects
subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay
from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting
delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable m
under this paragraph, the delay will not result in any additional charge or cost under the Agreement to
either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph,
Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay
either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,if
Subrecipient could reasonably foresee that a delay could occur as a result or (2) within five (5) calendar
days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not
reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE
REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with
this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the Ch
delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim
for damages, other than an extension of time, shall be asserted against DEO. Subrecipient shall not be
entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of �
acceleration or inefficiency arising because of delay,disruption,interference or hindrance from any cause
whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes
described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no
increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the
value of the Agreement to DEO or the State,in which case,DEO may do any or all of the following: (1) �.
accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants 2
preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase
from other sources (without recourse to and by Subrecipient for the related costs and expenses)to replace
all or part of the products or services that are the subject of the delay,which purchases may be deducted
from the Agreement quantity or (3) terminate the Agreement in whole or in part.
(12) Remedies. If an Event of Default occurs,DEO shall provide thirty(30) calendar days written notice to t�I
the Subrecipient and if the Subrecipient fails to cure within those thirty (30) calendar days DEO may choose
to exercise one or more of the following remedies,either concurrently or consecutively: ca
(a) Terminate this Agreement upon twenty-four(24)hour written notice by DEO sent in conformity
with Paragraph (16) Notice and Contact;
(b) Begin any appropriate legal orequitable action to enforce performance of this Agreement; c
UI
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand that the Subrecipient return to DEO any funds used for ineligible activities or
unallowable costs under this Agreement or any applicable law, rule or regulation governing the c
use of the funds; and
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(e) Exercise any corrective or remedial actions,including but not limited to:
1. Requesting additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance; m
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DEC)Agreement No.:I0092
2. Issuing a written warning to advise that more serious measures may be taken if the situation
is not corrected; and/or
3. Advising the Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question.
Pursuit of any of the above remedies does not preclude DEC) from pursuing any other remedies in
this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement m
or failure by DEC)to require strict performance does not affect,extend or waive any other right or remedy
available or affect the later exercise of the same right or remedy by DEC) for any other default by the
Subrecipient.
(13) Dispute Resolution. DEC) shall decide disputes concerning the performance of the Agreement,
document dispute decisions in writing and serve a copy of same on the Subrecipient. All decisions are final
and conclusive unless the Subrecipient files a petition for administrative hearing with DEC)within twenty-one
(21)days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter )
120, F.S.,is an absolute condition precedent to the Subrecipient's ability to pursue any other form of dispute
resolution;provided however,that the Parties may mutually agree to employ the alternative dispute resolution
procedures outlined in Chapter 120,F.S.
(14) Citizen Complaints. The goal of the State is to provide an opportunity to resolve complaints in a timely
manner, usually within fifteen (15) business days as expected by HUD,if practicable, and to provide the right
to participate in the process and appeal a decision when there is reason for an applicant to believe its application
was not handled according to program policies.All applications,guidelines and websites will include details on >
c
the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
Applicants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination U
(b) A program assistance award calculation and
(c) A program decision concerning housing unit damage and the resulting program outcome.
i_
Citizens may file a written complaint or appeal through the Office of Disaster Recovery email at CDBG- �I
DR L&deo.mvflorida.com or submit by postal mail to the following address:
Attention:Office of Disaster Recovery
Florida Department of Economic Opportunity
107 East Madison Street I
The Caldwell Building,MSC 160 s
Tallahassee, Florida 32399 >I
The subrecipient will handle citizen complaints by conducting:
(a) Investigations as necessary �I
(b) Resolutionor
(c) Follow-up actions.
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I
If the complainant is not satisfied by the Subrecipient's determination, then the complainant may file a 0
written appeal by following the instructions issued in the letter of response. If, at the conclusion of the C
appeals process,the complainant has not been satisfied with the response,a formal complaint may then be
addressed directly to the DEO at:
Department of Economic Opportunity
Caldwell Building,MSC-400
107 E Madison Street
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DEO Agreement No.:I0092
Tallahassee, FL 32399
The Florida OfiuofDisaster Recovery operates in Accordance with the Federal Fair Housing Law(The Fair
Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a
complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TY) or
www.hud.gov/feiirhousing.
(15) Termination.
(a) DEO may suspend or terminate this Agreement for cause upon twenty-four (24) hour written notice,
from the date notice is sent by DEO. Cause includes,but is not limited to the Subrecipient's improper or
ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable 0.
rules, regulations, statutes, executive orders,HUD guidelines, policies, directives or laws; failure, for any
reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; .0
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 aforementioned reasons for Termination are listed in the immediately `i
0
preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion with
respect to DSO's right to terminate this Agreement. In the event of suspension or termination, the
Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs.
(b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing the W
Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, 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
portion of the award which will not accomplish the purpose for which the award was made. The X
Subrecipient shall continue to perform any work not terminated. In the event of termination for
convenience, the Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed
costs for the terminated portion of work.
I
(c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed
upon by the Parties,which must include the effective date of the termination.
(d) In the event that this Agreement is terminated, the Subrecipient shall not incur new obligations under
the terminated portion of the Agreement after the date the Subrecipient has received the notification of
termination. The Subrecipient shall cancel as many outstanding obligations as possible. DEO shall
disallow all costs incurred after the Subrecipient's receipt of the termination notice. The Subrecipient
shall not be relieved of liability to DEO because of any breach of the Agreement by the Subrecipient >I
DEO may,to the extent authorized by law,withhold payments to the Subrecipient for the purpose of set-
off until the exact amount of damages due to DEO from the Subrecipient is determined.
(e)Upon expiration or termination of this Agreement the Subrecipient shall transfer to DEO any CDBG-
DR funds on hand at the time of expiration or termination and any accounts receivable attributable to the r_
use of CDBG-DR funds.
( Upon expiration or termination of this Agreement, the Subrecipient shall follow the agreement closeout �I
procedures set forth in rule 73C-23.0051 (5),FAC 0
(g)Any real property under Subrecipient's control that was acquired or improved in whole or in part with r_
CDBG-DR funds (including CDBG-DR funds provided to the subrecipient in the form of a loan) in 2
excess of$25,000 must either:
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1. Be used to meet a national objective until five years after expiration or termination of this CD
Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein; or
2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the m
current market value of the property less any portion of the value attributable to expenditures of non-
7
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CDBG-DR funds for the acquisition or improvement of the property for five years after expiration or
termination of this Agreement. U
(h)The rights and remedies under this clause are in addition to any other rights or remedies provided by law 0i
or under this Agreement.
0
(16) Notice and Contact.
(a)All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery m
first class or certified mail with 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 DEO's Grant Manager for this Agreement is:
Joshua Bradt
107 East Madison Street -MSC 160
Tallahassee, Florida 32399-6508
(850) 717-8436
(850) 921-3117
j oshua.bradt@deo.myflorida.com 0
r_
(c)The name and address of the Local Government Project Contact for this Agreement is:
Helene Wetherington
2798 Overseas Highway
Marathon,FL 33050
Phone: 305-504-3036
Fax:
Email:Wetherington-helene@monroecounty-fl.gov X
0
(d)If 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 9
Paragraph (16) above. U_I
(17) Contracts. If the Subrecipient contracts any of the work required under this Agreement, a copy of the
proposed contract template and any proposed amendments, extensions, revisions or other changes thereto,
must be forwarded to DEO for prior written approval. For each contract, the Subrecipient 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. The Subrecipient shall comply with the procurement standards in 2 C.F.R.
§200.318 - §200.326 when procuring property and services under this Agreement (refer to Attachment D).
I
The Subrecipient shall include the following terms and conditions in any contract pertaining to the work U
required under this Agreement:
(a) the period of performance or date of completion;
(b) the performance requirements;
(c) that the contractor is bound by the terms of this Agreement; U
(d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations;
(e) that the contractor shall hold DEO and the Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement; c
( the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in N
performing its work under this Agreement; CD
(g) the requirements of 2 CFR Appendix 11 to Part 200 — Contract Provision for Non-Federal Entity
Contract Under Federal Awards— (refer to Attachment L)
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The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 C.F.R.
570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and cJ
provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. 0i
The Subrecipient must ensure all contracts and agreements clearly state the period of performance or date of
completion and incorporate performance requirements.
m
The Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that 2
its contractors perform according to the terms and conditions of the procured contracts or agreements and the
terms and conditions of this Agreement.
(18) Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the
Parties.There are no provisions,terms,conditions,or obligations other than those contained in this Agreement;
and this Agreement supersedes all previous understandings. No waiver by DEO may be effective unless made
in writing by an authorized DEO official
(19) Attachments. c
(a) If any inconsistencies or conflict between the language of this Agreement and the attachments
arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency.
(b) This Agreement contains the following attachments:
0
Attachment A—Scope of Work
Attachment B —Project Detail Budget (Example)
Attachment C—Activity Work Plan (Example)
Attachment D—Program and Special Conditions
Attachment E—State and Federal Statutes,Regulations and Policies
Attachment F—Civil Rights Compliance
Attachment G—Reports U
Attachment H—Warranties and Representations
Attachment I—Audit Requirements
Exhibit 1 to Attachment I—Funding Sources
Attachment J— Audit Compliance Certification �I
Attachment K—SERA Access Authorization Form
Attachment L-2 CFR Appendix 11 to Part 200
Attachment M—Subrogation Agreement
(20) Funding/Consideration.
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(a) The funding for this Agreement shall not exceed Fifteen Million Dollars and Zero Cents
($15,000,000.00) subject to the availability of funds. The State of Florida and DSO's performance and >I
obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and
subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution.
(b) DEO will provide funds to the Subrecipient by issuing a Notice of Subgrant Award/Fund
Availability("NFA' through DEO's financial management information system. Each NFA may contain
specific terms, conditions, assurances,restrictions or other instructions applicable to the funds provided
by the NFA. By accepting funds made available through an NFA,the Subrecipient agrees to comply with �I
all terms, conditions, assurances,restrictions or other instructions listed in the NFA.
(c) By execution of this Agreement, the Subrecipient certifies that necessary written administrative
procedures, processes and fiscal controls are in place for the operation of its CDBG-DR program for
which the Subrecipient receives funding from DEC). These written administrative procedures,processes w
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and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, CD
guidance and the terms of this Agreement. The Subrecipient agrees to comply with all the terms and
conditions of Attachment D titled "Program and Special Conditions".
U
9
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(d) The Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance
with the Scope of Work. U
(e) The Subrecipient shall request all funds in the manner prescribed by DEO. The authorized 0i
signatory for the Subrecipient set forth on the SERA Access Authorization Form,Attachment L,to this
Agreement, must approve the submission of each Request for Funds ("RFF'� on behalf of the
Subrecipient.
( Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for m
eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding
with CDBG-DR funds.
(g) 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 Budget, the Florida Legislature, the State Chief 2
0.
Financial Officer or under Subparagraph (20)(i),Mandated Conditions of this Agreement, all obligations
on the part of DEO to make any further payment of funds will terminate and the Recipient shall submit
its administrative closeout report and subgrant agreement closeout package within thirty (30) calendar
days from receipt of notice from DEO. )
(h) The Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by the Subrecipient. c
0
(21) Repayments.
(a) The Subrecipient shall only expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period. The Subrecipient shall ensure that its contractors,
subcontractors and consultants only expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.971,F.S.,the Subrecipient shall refund to DEO any unobligated
funds which have been advanced or paid to the Subrecipient.
(c) The Subrecipient shall refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions
x
of this Agreement.
(d) The Subrecipient shall refund to DEO any 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(b), (c) and(d);provided,however,
the Subrecipient is not required to repay funds for subgr ant administration unless DEO, in its sole �I
discretion, determines the Subrecipient is at fault for the ineligibility of the activity in question.
(e) The Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of
this Agreement or applicable law. Such reimbursement shall be sent to DEO,by the Subrecipient,within
thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance.
(f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for �I
collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount
of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under I
this Agreement are to be made payable to the order of"Department of Economic Opportunity" and U
mailed directly to DEO at the following address: 0
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
107 East Madison Street—MSC 400 c
Tallahassee, Florida 32399-6508 �I
(22) Mandated Conditions. 0
(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 Subrecipient in this Agreement, in any later
submission or response to a DEO request or in any submission or response to fulfill the requirements of w
this Agreement. All of said information, representations and materials are incorporated herein by CD
reference.
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(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 explicitly CJ
waive any right to jury trial. m
(c) 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
unenforceabilit< and that provision shall be severable from and shall not invalidate any other provision
of this Agreement.
(d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall
survive the term of this Agreement.
(e) This Agreement may be executed in any number of counterparts,any one of which may be taken
as an original. .
(f) 0.
The Subrecipient shall comply with all applicable local, state and federal laws, including the
Americans With Disabilities Act of 1990, as amended;the Florida Civil Rights Act, as amended, Chapter
760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C.
12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, )
public accommodations,transportation, state and local government services and telecommunications.
(g) 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
0
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 thirty-six (36) months following the date of being placed
on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that
neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose
if it or any of its affiliates is placed on the convicted vendor list. U
(h) 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 �I
bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform m
work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and
may not transact business with any public entity. By executing this Agreement,the Subrecipient represents
and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof. I
(j) 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. 5 200.474.
(k) If the Subrecipient 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 DSO's obligation to pay the C
Agreement award amount. 0
(1) The Subrecipient hereby acknowledges that the Subrecipient is subject to Florida's Government UI
in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of the Subrecipient's governing 2
board or the meetings of any subcommittee making recommendations to the governing board. The
Subrecipient hereby agrees that all such aforementioned meetings shall be publicly noticed, open to the
public and the minutes of all the meetings shall be public records made available to the public in a)
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accordance with Chapter 119, F.S. CD
(m) The Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans
Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and W
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section 906 of P.L. 101-625,the Cranston-Gonzalez National Affordable Housing Act, 1990,by having,
or adopting within ninety(90) days of execution of this Agreement,and enforcing,the following: cJ
1. A policy prohibiting the use of excessive force by law enforcement agencies within its 0i
jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(23) 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 .2
0.
agency.
(b) The Subrecipient certifies,by its signature to this Agreement,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient,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;
0
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 Subrecipient shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
3. The Subrecipient 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 this
Paragraph (22),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 �I
prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person m
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.
(24) Copyright,Patent and Trademark.
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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 I
performance of this Agreement are hereby transferred by the Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright, the Subrecipient 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 Subrecipient shall refer the discovery �I
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 c
reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, c44
the Subrecipient shall notify DEO.Any copyrights accruing under or in connection with the performance
under this Agreement are transferred by the Subrecipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, the Subrecipient shall disclose
all intellectual properties relating to the performance of this Agreement which he or she knows or should
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know could give rise to a patent or copyright. The Subrecipient 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, and DEO shall have the right to all patents and copyrights which accrue during m
performance of the Agreement.
(25) Legal Authorization.
(a) The Subrecipient 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
Subrecipient certifies that the undersigned person has the authority to legally execute and bind the
Subrecipient to the terms of this Agreement. DEO may, at its discretion, request documentation
evidencing the undersigned has authority to bind the Subrecipient to this Agreement as of the date of
execution; any such documentation is incorporated herein by reference.
(b) The Subrecipient warrants that, to the best of its knowledge, there is no pending or threatened .0
action,proceeding,investigation or any other legal or financial condition that would in any way prohibit,
restrain or diminish the Subrecipient's ability to satisfy its Agreement obligations. The Subrecipient shall
immediately notify DEO in writing if its ability to perform is compromised in any manner during the term
of the Agreement.
(26) Public Record Responsibilities.
(a) In addition to the Subrecipient's responsibility to directly respond to each request it receives for 0
records,in conjunction with this Agreement and to provide the applicable public records in response to
such request,the Subrecipient shall notify DEO of the receipt and content of all such requests by sending
an email to PRRecluestLa)deo.m;florida.com within one (1)business day from receipt of the request. c
(b) The Subrecipient shall keep and maintain public records required by DEO to perform the
Subrecipient's responsibilities hereunder. The Subrecipient shall,upon request from DSO's custodian of
public records, provide DEO with a copy of the requested records or allow the records to be inspected X
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S., c
or as otherwise provided by law. The Subrecipient shall allow public access to all documents, papers,
letters or other materials made or received by the Subrecipient in conjunction with this Agreement,unless
the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), �I
F.S. For records made or received by the Subrecipient in conjunction with this Agreement, the
Subrecipient 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 Subrecipient 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.
(c) This Agreement may be terminated by DEO for refusal by the Subrecipient to comply with
Florida's public records laws or to allow public access to any public record made or received by the UI
Subrecipient in conjunction with this Agreement.
(d) If, for purposes of this Agreement, the Subrecipient is a "contractor" as defined in Section
119.0701(1)(a),F.S. ("Subrecipient-contractor',the Subrecipient-contractor shall transfer to DEO,at no
cost to DEO, all public records upon completion including termination, of this Agreement or keep and
maintain public records required by DEO to perform the service. If the Subrecipient-contractor transfers t�I
all public records to the public agency upon completion of the Agreement, the Subrecipient-contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Subrecipient-contractor keeps and maintains public records upon
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completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for w
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retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically
must be provided to DEO, upon request from DSO's custodian of public records, in a format that is
compatible with the information technology systems of DEC). E
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(e) If DEO does not possess a record requested through a public records request,DEO shall notify
the Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to DEO or allow the records to be inspected or copied within a reasonable time. If m
the Subrecipient-contractor does not comply with DSO's request for records, DEO shall enforce the 0
provisions set forth in this Agreement. A Subrecipient-contractor who fails to provide public records to
DEO within a reasonable time may be subject to penalties under Section 119.10, F.S.
(f) The Subrecipient shall notify DEO verbally within twenty-four (24) chronological hours and in
writing within seventy-two (72) chronological hours if any data in the Subrecipient's possession related to
this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of
business) by anyone except an authorized representative of DEO. The Subrecipient shall cooperate with m
DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession or otherwise
protect the State's rights and the data subject's privacy.
(g) The Subrecipient acknowledges that DEO is subject to the provisions of Chapter 119, F.S.,
U)
relating to public records and that reports, invoices and other documents the Subrecipient submits to
DEO under this Agreement constitute public records under Florida Statutes. The Subrecipient shall
cooperate with DEO regarding DSO's efforts to comply with the requirements of Chapter 119,F.S.
(h) If the Subrecipient submits records to DEO that are confidential and exempt from public o
disclosure as trade secrets or proprietary confidential business information, such records should be
identified as such by the Subrecipient prior to submittal to DEO. Failure to identify the legal basis for
each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to DEO
serves as the Subrecipient's waiver of a claim of exemption. The Subrecipient shall ensure public records
that are exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the Agreement term and following completion of the �
Agreement if the Subrecipient-contractor does not transfer the records to DEO upon completion,
including termination,of the Agreement.
(i) IF SUB RECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUB RECIPIENT-CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via email at PRRequest(Ldeo.mvflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107
East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
�)
To the extent allowable by law,the Subrecipient shall be fully liable for the actions of its agents,
employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless �I
the State and DEO, and their officers, agents and employees, from suits, actions, damages, and costs of
every name and description,including attorneys'fees,arising from or relating to public record requests or 0
public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, �I
employees, partners, contractors or subcontractors, provided, however, that the Subrecipient does not
indemnify for that portion of any costs or damages proximately caused by the negligent act or omission
of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this N
indemnification provision. CD
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(k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S.,
Subrecipient shall not publicly disseminate any information concerning this Agreement without prior
written approval from DEO,including, but not limited to,mentioning this Agreement in a press release
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or other promotional material, identifying DEO or the State as a reference, or otherwise linking
Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any U
material published,either in print or electronically to any other entity that is not a Party to this Agreement,
except potential or actual employees,agents,representatives or subcontractors with the professional skills
necessary to perform the work services required by the Agreement.
(1) The Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when
entering into any public agency contract for services after the Effective Date of this Agreement. The m
Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect
as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part
with any public funds. DEO may terminate this Agreement if the Subrecipient does not comply with this
provision. m
(27) 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 Subrecipient to: r-
1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Subrecipient 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
0
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) The Department of Homeland Security's E-Verify system can be found at:
http://www.uscis.gov/e-verify-
(c) If the Subrecipient does not have an E-Verify MOU in effect,the Subrecipient must enroll in the
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E-Verify system prior to hiring any new employee after the effective date of this Agreement.
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(28) Program Income.
(a) The Subrecipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.500(a)
or in the Federal Register Guidance governing the CDBG-DR funds) generated by activities carried out
with CDBG-DR funds made available under this Agreement as part of the Subrecipient's Quarterly �I
Progress Report. The Subrecipient shall use program income in accordance with the applicable m
requirements of 2 C.F.R. part 200,24 C.F.R. part 570.504, and the terms of this Agreement.
(b) 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-DR activities, specified in a modification to this Agreement and duly executed prior to
administrative closeout.
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(29) National Objectives
All activities funded with CDBG-DR funds must meet the criteria for one of the CDBG program's
National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall
meet the following national objectives and satisfy the following criteria:
0
(a) Benefit to low- and moderate-income persons; �I
(b) Aid in prevention or elimination of slums or blight; and
(c) Meet a need having particular urgency (referred to as urgent need).
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(30) Independent Contractor. CD
a) In the Subrecipient's performance of its duties and responsibilities under this Agreement, it is
mutually understood and agreed that the Subrecipient is at all times acting and performing as an m
independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an
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employer/employee relationship,partnership or joint venture between the Parties. The Subrecipient shall
at all times remain an independent contractor with respect to the services to be performed under this CJ
Agreement. Nothing in this Agreement shall be construed to create any agency or employment 0i
relationship between DEO and the Subrecipient,its employees, subcontractors or agents. Neither Party
shall have any right, power or authority to assume, create or incur any expense, liability or obligation,
express or implied, on behalf of the other.
(b) The Subrecipient,its officers, agents, employees, subcontractors or assignees,in performance of m
this Agreement shall act in the capacity of an independent contractor and not as an officer, employee,
agent,joint venturer, or partner of the State of Florida.
(c) Subrecipient shall have sole right to control the manner,method and means by which the services
required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay
Subrecipient's employees. Neither the Subrecipient,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.
(d) The Subrecipient agrees to take such actions as may be necessary to ensure that each r-
subcontractor will be deemed to be an independent contractor and will not be considered or permitted to .N
be an agent, employee, servant,joint venturer or partner of the State of Florida.
(e) Unless justified by the Subrecipient and agreed to by DEO in the Scope of Work,DEO will not r-
furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical
support) to the Subrecipient or its subcontractor or assignee. 6
( DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of W
funds under this Agreement. The Subrecipient shall have no claim against DEO for vacation pay, sick
leave, retirement benefits, social security, workers' compensation, health or disability benefits,
reemployment assistance benefits or employee benefits of any kind. The Subrecipient shall ensure that its
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employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers'
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compensation,reemployment assistance benefits) from an employer other than the State of Florida.
(g) The Subrecipient, at all times during the Agreement, must comply with the reporting and q
Reemployment Assistance contribution payment requirements of Chapter 443,F.S. r-
(h) DEO shall not provide any training to Subrecipient,its employees,assigns,agents,representatives I
or subcontractors in the professional skills necessary to perform the work services required by the
Agreement.
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DEO Agreement No.:I0092
State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
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IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the 2
attachments, and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
MONROE COUNTY BOARD OF DEPARTMENT OF ECONOMIC
COUNTY COMMISSIONERS OPPORTUNITY
By By
Signature Signature N
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Ken Lawson
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Title Title Executive Director
2
Date Date
Federal
Tax ID# 59-60000749 U
DUNS # 0738767570000
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
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By: I
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Approved Date:
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Attachment A — Scope of Work
1.Project Description
The U.S. Department of Housing and Urban Development (HUD) allocated Community Development
Block Grant Disaster Recovery(CDBG-DR) funds to the State of Florida to be distributed in the Federal
Emergency Management Agency(FEMA) declared counties impacted by Hurricane Irma for activities
authorized under Title I of the Housing and Community Development Act of 1974 (42 United States Code
(U.S.C.) 5301 et seq.) and described in the State of Florida Action Plan for Disaster Recovery.
Monroe County Board of County Commissioners has been selected to participate in the Voluntary Home m
Buyout (VHB) CDBG-DR program.These funds will be used to principally benefit low- and moderate-
income persons. Funds will be used to acquire properties that are in Special Flood Hazard Area (SFHA),and
in high risk-flood areas to help reduce the impact of future disasters, and to assist property owners relocate
outside the threat of flooding with the focus on properties that do not have flood insurance.
There are two options under this grant:The first option is to use the CDBG-DR funding as a leverage to
match funding projects that are also eligible for the Hazard Mitigation Grant Program (HMGP) provided by
the Federal government.The second option is to work directly with DEO to acquire contiguous parcels of
properties of residential areas that meet low- and moderate-income area requirements,and/or assist low-and
moderate-income households.
Necessary assistance will be provided in the form of buyout and demolition of existing housing units. >
Housing units whose occupants qualify as low- to moderate--income (UNIT) households will be acquired o
and demolished in compliance with the local building code and the U.S. Department of Housing and
Urban Development's standards outlined in the Federal Register Notices. -'
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Awards to eligible homeowners will be based on the overall level of damage in the proposed buyout
area, as determined by condemnation, flood levels and/or status as beyond reasonable repair for each
property, and the extent to which the proposed buyout program supports overall flood mitigation U_
plans for the area and community. �
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2. Subrecipient Responsibilities
A. CDBG-DR Voluntary Home Buyout Policies and Procedures and Implementation
Monroe County Board of County Commissioners will conduct the program design and implementation
services necessary to mobilize and launch its production implementation systems to support the
programs and projects to help people,
properties and communities recover from storm related damage due to Hurricane Irma as follows: t�I
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1. Complete and submit to DEO within 45 days of agreement execution,a staffing plan for the
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Monroe County Board of County Commissioners CDBG-DR Program that includes:
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a. Organizational chart; and, UI
b.Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors. W
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c. Scope of work and procurement plan for all contracted staff,vendors, and contractors. o
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2. Develop and submit a copy of the following policies and procedures to the DEO Agreement
Manager within 45 days of agreement execution:
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a. Procurement policies and procedures that incorporate 2 CFR Part 200.317-326.
b. Administrative financial management policies,which must comply with all applicable
HUD CDBG-DR and State of Florida rules.
c. Quality assurance and quality control system policies and procedures that comply with
all applicable HUD CDBG-DR and DEO Policies
d. Policies and procedures that at a minimum,include information about the VHB
application process, application requirements,underwriting criteria,compliance
requirements, and reporting methodology
e. Policies and procedures to detect and prevent fraud,waste and abuse that describe how
the subrecipient will verify the accuracy of applicant information,monitoring policy
indicating how and why monitoring is conducted,the frequency of monitoring,and
which items will be monitored, and procedure for referring instances of fraud,waste and
abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email:
holhneLa)hudoig.��oL).
f. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative c
Requirements,Cost Principles, and Audit Requirements for Federal Award.
3. Establish and administer a system of record and production and grants management reporting y
systems within 45 days of agreement execution.
4. Complete and submit a Project Detail Budget (Attachment B) for approval by DEO no later
than 60 days after the execution of the subrecipient agreement.
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5. Complete and submit an Activity Work Plan (Attachment C) for approval by DEO no later than U
30 days after the execution of the subrecipient agreement. 'q
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6. Maintain organized subrecipient agreement files and make them accessible to DEO or its U-
representatives upon request. m
7. Comply with all terms and conditions of the subrecipient agreement,Voluntary Home Buyout
Program Guidelines and Design,Action Plan,Action Plan Amendments, and Federal, State and
local laws.
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8. Attend fraud related training by HUD OIG to assist in the proper management of CDBG-DR
grant funds when available.
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9. Update all applicable VHB policies and procedures as needed and upon DEO request.
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10. Complete procurement of all vendors for internal grants management and compliance and direct WI
program and project production,including:
a. Selection of vendors, subrecipients, and/or staff that will be responsible for managing c
applicant intake and related operations, compliance, finance and administration; w
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b. Selection of vendors, subrecipients, and/or staff that will be responsible for managing CD
demolition and/or construction;
c. Selection of vendors, subrecipients, and/or staff that will be responsible for managing
Land and Structure Buyout;and,
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d. Selection of vendors, subrecipients, and/or staff that will be responsible for Appraisal,
Environmental Review,title services,and legal services.
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11. Meet or exceed federal underwriting standards. Subrecipients must establish underwriting criteria
that, at a minimum, complies with CDBG underwriting criteria found at 24 CFR 570.209.
Project costs must be demonstrated to be reasonable. All other sources of financing must be
committed or otherwise unavailable to the applicant. Project costs must be need-based,and
documentation must be sufficient to prove that CDBG funds will not supplant non-federal
financial funding or support.
12. Include the following statement on all program materials and applications "Warning:Any person
who knowingly makes a false claim or statement to HUD may be subject to civil or criminal
penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729."
13. Ensure all projects seeking assistance under the current CDBG-DR funds for Hurricane Irma, c
and any future funds allocated for Hurricane Irma,provided by DEO,receive the required
Environmental Clearance from DEO prior to the Subrecipient being able to commit CDBG-DR
funds. c
14. Evaluate each grant applicant for the potential for duplication of benefits and decline any grant >
amount that would constitute such a duplication.
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15. Develop and submit a monthly revised detailed budget measuring the actual cost versus
projected cost by the 10th day of the following month. 0
16. Develop and submit a monthly revised detailed timeline for implementation consistent with the
milestones outlined in the VHB program guidelines and report actual progress against the �I
projected progress. m
17. Develop and submit both a monthly and quarterly report to DEO by the 10ih day of the
following month or quarter,that outlines the progress made to date,the projected activities to be
completed in the upcoming month or quarter, and any risks or issues identified for the delivery
of the project.The reports must include metrics that demonstrate the implementation costs to
date with projected spending, and any other information DEO determines is necessary.
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18. Obtain approval from DEO and FEMA before conveying ownership.
19. Provide scope of land use in accordance with DSO's direction,prior to closing.
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20. Enforce the proper land use according to 83 Fed. Reg.5863 in perpetuity for a use that is r_
compatible with open space,recreational,or floodplain and wetlands management practices. 2
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21. Enforce and monitor all deed restrictions.
22. Approve the conveying of property and the proper use of land.
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23. Utilize a certified appraiser for each property that is eligible to be acquired.
24. Utilize a certified damage inspector to assess damages of each property to assure that damages
were caused by Hurricane Irma.
25. The Subrecipient shall adhere to the following deadlines for the project. If the Subrecipient is
unable to meet a deadline,the subrecipient shall request an extension of such deadline from
DEO in writing no later than thirty(30) business days prior to the deadline. Deadlines shall not
be extended outside of the Term of this agreement except by a formal amendment executed in
accordance with section (4) Modification of Agreement.
Activity Deadline
Program Design and Implementation, as outlined in
Section 2.,B. 9/15/2020 c
Completion of Homeowner buyout and Incentives,
as outlined in Section 2., C. 6/15/2021
Completion of Demolition and Closeout 0
as outlined in Section 2.,D. 6/15/2022
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B. Deliverable I: Program Design and Implementation
Task 1: Perform Intake for VHB applicants,which shall include the following components: x
• Intake application processing U
• Phone calls and/or in-person meetings with applicants 'q
• Assist applicants with proper documentation _
• Review and analyze submitted documentation
• Analyze for priority,if applicable
Task 2: Perform VHB Eligibility analysis which shall include the following components:
• Perform application authorizations
• Confirming ownership
• Confirming primary residence
• Identify priority status
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• Perform damage assessment
• Identify tieback to disaster UI
• Income Certifications
• National Objectives Determination
Task 3. Perform Duplication of Benefits (DOB) analysis,which shall include the following
components:
• Perform FEMA data analysis c
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• Perform SBA data analysis �I
• Perform NFIP data analysis
• Perform Private Insurance data analysis c
• Perform Non-profits data analysis N
• Perform other assistance analysis
• Analyze spent funds
• Verify funds were spent for their intended purpose
• Complete DOB review E
• Complete DOB finalworksheet
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Task 4: Perform the Review and Approval of VHB applicants,which shall include the
following components: CJ
• Review applicant files for completeness 0i
• Determine pre-disaster fair market value
• Determine final applicant eligibility/ award amount
• Issue grant award to eligible applicant
• Applicant appeal process m
Task 5: Complete the Environmental Review Record (ERR),which shall include the following
components: e(
• Analyze applicant housing to determine proper ERR
• Inspection of property .2
• Complete tier 1 reviewer
• Complete tier 2 review
• Complete and analyze lead-based paint testing
• Complete and analyze asbestos testing
Task 6: Perform Final Scope and Feasibility assessments,which shall include the following
components:
• Revise scope for State Historic Preservation Office (SHPO) requirements °—
• Revise scope for lead-based paint mitigation
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• Revise scope for asbestos mitigation
• Analyze for cost reasonableness and feasibility of the project
• Complete and review final inspection reports
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Task 7: Complete the necessary Procurement and Closing activities which shall include the
following components:
• Prepare statement of work for contractor bid U
• Prepare and advertise procurement documents 'q
• Review and respond to procurement questions
• Revise bid documents if necessary LL_
• Review submissions and select contractor
• Conduct debarment check and contractor licensing m
• Award bid
• Review and modify agreement and award amounts
• Closing coordination
• Prepare and receive escrow
• Execute agreement with contractor
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C. Deliverable II: Homeowner Buyout and Incentives
Task: 1 Complete the Homeowner Buyout and Incentive Program activities which shall include
the following components:
• Property Appraisals c
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• Legal Services �I
• Conduct Title and lien searches 0
• Uniform Relocation Act (URA) compliance,when applicable 0
• Recording fees
• Perform homeowner buyout
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• Perform homeowner incentives,if applicable
• Execute closing documents
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D. Deliverable III: Demolition and Closeout
Task 1: Complete Demolition activities which shall include the following components: CJ
• Notice to Proceed (NTP) 0i
• Contractor obtains all permits
• Conduct inspections
• Conduct final walkthrough
• Process payments E
Task 2: Complete grant agreement Closeout Packages which shall include the following components:
• Complete final inspection report
• Review project files prior to final closeout a
• Compile closeout documentation
—Remainder of this page is intentionally left blank—
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3. DELIVERABLES:
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The Subrecipient agrees to provide the following services as specified: 0i
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Minimum Level of Service m
Deliverable I Financial Consequences m
(to submit for request for payment)
Project Design and The Subrecipient shall be reimbursed upon Failure to perform the
Implementation completion of a minimum of one deliverable minimum level of service shall
Subrecipient shall complete an task per housing unit as detailed in result in nonpayment for this 'a.
eligible deliverable task as detailed in Attachment A, Section 2,B., deliverable for each payment
Attachment A, Section 2.,B.Above. evidenced by invoices(s) noting completed request.
tasks with supporting documentation (such as
payroll,invoices from contractors,etc.) as r-
applicable upon the approval from DEO along N
with the submission of both a monthly report
and a quarterly report detailing the work
completed in Deliverable L The completion
of the monthly and quarterly reports alone
does not meet the minimum level of service W
required for payment.
Minimum Level of Service
Deliverable II Financial Consequences 0.
(to submit for request for payment) 0.
Homeowner Buyout and The Subrecipient shall be reimbursed upon Failure to perform the x
Incentives completion of a minimum of one project minimum level of service shall 0
Subrecipient shall complete an deliverable task as detailed in Attachment A, result in nonpayment for this
Eligible deliverable task as detailed in Section 2. Q evidenced by invoices(s) noting deliverable for each payment
Attachment A, Section 2.,C. completed tasks with supporting request. I
above documentation (such as payroll,invoices from
contractors, etc.) as applicable upon the
approval from DEO and along with the
submission of both a monthly and quarterly
report detailing the work completed in
Deliverable IL The completion of the
monthly and quarterly reports alone does not >
meet the minimum level of service required I
for payment.
I
Deliverable III Minimum Level of Service Financial Consequences
(to submit for request for payment)
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Demolition and Closeout The Subrecipient shall be reimbursed upon Failure to perform the �I
Subrecipient shall complete an completion of a minimum of one project minimum level of service shall
Eligible deliverable task as detailed in deliverable task as detailed in Attachment A, result in nonpayment for this r-
Attachment A, Section 2.,D. Section 2. D; evidenced by invoices(s) noting deliverable for each payment 2
above completed tasks with supporting request. w
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documentation (such as payroll,invoices from CD
contractors, etc.) as applicable upon the
approval from DEO and along with the m
submission of both a monthly and quarterly
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report detailing the work completed in
Deliverable III. The completion of the U
monthly and quarterly reports alone does not
meet the minimum level of service required
for payment. *�
The Subrecipient shall be reimbursed upon
completion of a minimum of 100 percent of m
the demolition activities for each project;
evidenced by the final inspection of the site
after the activities have been completed, signed
by the contractor,certified by the housing .2
specialist or building inspector for the project
TOTAL AWARD NOT TO EXCEED $15,000)000.00
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4. DEO Responsibilities:
DEO shall receive and review the Deliverables and,upon DEO's acceptance of the Deliverables and receipt
of the Subrecipient's pertinent invoices in compliance with the invoice procedures of this Agreement,DEO
shall process payment to the Subrecipient in accordance with the terms and conditions of this Agreement.
DEO will administer and oversee the jurisdiction in which the program applies. DEO will be responsible for
the following:
1. Provide the Voluntary Home Buyout Program Guidelines and Design,Action Plan,and Action Plan
Amendments to the Subrecipient.
2. Provide updates of policies and procedures to the Subrecipient. C
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3. Approve the outreach campaign established by the Subrecipient that will target homeowners
impacted by Hurricane Irma.
4. Approve the application process,application requirements, compliance requirements,and reporting
methodology provided by the Subrecipient.
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5. Review the detailed budget and measure actual cost versus projected cost on a monthly basis.
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6. Review the progress made to date,the projected activities to be completed in the upcoming month, cJ
and any risks or issues identified for the delivery of the project as reported in the subrecipients
required monthly and quarterly report.
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DEC)Agreement No.:I0092
Attachment D — Program and Special Conditions
Program Conditions
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1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely
fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan m
schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEC
within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which
the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless e�C
DEC) agrees that the Subrecipient has provided adequate justification for the delay.
2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate
and ready comparison between the expenditures and the budget/activity line items as defined in the Project
Detail Budget and Activity Work Plan.
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3. The Subrecipient shall request DSO's approval for all professional services contracts and/or agreements
that will be reimbursed with CDBG-DR funds. Copies of the following procurement documents must be 0
provided to DEC)for review:
a. When publication of a Request for Proposal (RFP) is used as a means of solicitation, a copy of the
advertisement,including an affidavit of publication;
b. DEC will either approve the procurement or notify the Subrecipient that the procurement cannot be
approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall
notify DEC)in writing no later than 90 calendar days from the effective date of this agreement if it will 0.
not be procuring any professional services or if it will be using non-CDBG-DR funds to pay for W
professional services.
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4. Prior to the obligation or disbursement of any funds,except for administrative expenses and not to exceed q
$5000,the Subrecipient shall complete the following:
a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional UI
services contract. The Subrecipient proceeds at its own risk if more than the specified amount is
incurred before DEC) approves the procurement. If DEC) does not approve the procurement of a
professional services contract,the local government will not be able to use CDBG-DR funds for that
contract beyond$5,000.
b. Comply with 24 C.F.R. part 58 and the regulations implementing the National Environmental Policy I
Act,40 C.F.R. §§ 1500-1508. When the Subrecipient has completed the environmental review process,
it shall submit a Request for Release of Funds and Certification. DEC)will issue an Authority to Use I
Grant Funds (form HUD-7015.16)when this condition has been fulfilled to the satisfaction of CJ
DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's
I
submission of the required documentation, DEO shall provide the Subrecipient a written
update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN
CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT c,
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FUNDS."
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5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing a)
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regulations at 24 C.F.R.part 42,49 C.F.R.part 24 and 24 C.F.R. §570.606(b),the requirements of 24 C.F.R.
42.325 — 42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under
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section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the
requirements in 24 C.F.R. § 570.606(d),governing optional relocation assistance policies.
6. If the Subrecipient undertakes any activity subject to the URA,the Subrecipient shall document completion
0
of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,
including a notice to property owners of his or her rights under the URA, an invitation to accompany the m
appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, 0)
copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior
to completing the acquisition (closing) so that DEO can determine whether remedial action may be needed.
The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 C.F.R. m
570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion
for a CDBG-assisted project.
7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered r_
Transactions);
Section 3 Participation Report (Construction Prime Contractor); Certification Regarding Debarment, o
Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and Section 3
Participation Report (Construction Subcontractor), (if applicable).
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8. In addition,each construction contractor agreement for new or replacement housing must contain language
that requires the contractor to meet the Green Building Standard for Replacement and New
Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register
Volume 81,Number 224 on Monday,November 21,2016.
x
9. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient 0
shall provide a copy of the American Institute of Architects (AIA) form G702, Application and
Certification for Payment, or a comparable form approved by DEO, signed by the contractor and
inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by �I
DEO. For each RFF that includes construction costs,the Subrecipient shall provide a copy of AIA form
G702, or a comparable form approved by DEO, if applicable, signed by the contractor and the local
building inspector or housing specialist and a copy of form G703, or a comparable form approved by
DEO,if applicable.
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10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the
following documents shall be sent to DEO: UI
a. Notice to Proceed; U
b. The contractor's performance bond (100 percent of the contract price);and
c. The contractor's payment bond (100 percent of the contract price).
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11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to U1
24 C.F.R. § 570.487(b)(4).
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12. The CDBG-DR portion of the cost of post-administrative closeout audits. o
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13. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding CD
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easements, acquired with CDBG-DR funds. This restriction shall limit the use of that real property or
facility to the use stated in the subgrant application and that title shall remain in the name of the
Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the
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county in which the real property is located. Any future disposition of that real property shall be in
accordance with 24 C.F.R. § 570.505. Any future change of use of real property shall be in accordance U
with 24 C.F.R. § 570.4890). 0i
14. The Subrecipient shall comply with the historic preservation requirements of the National Historic
Preservation Act of 1966,as amended,the procedures set forth in 36 C.F.R. part 800,and the Secretary of
the Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating E
Historic Buildings.
15. Pursuant to section 102(b),Public Law 101-235,42 U.S.C. §3545,the Subrecipient shall update and submit
Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in
situations which would require that updates be prepared. The Subrecipient 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-DR-funded activity; and :5
b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10
percent of the grant,whichever is less.
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16. If required,the Subrecipient shall submit a final Form HUD 2880,to DEO with the Subrecipient's request
for administrative closeout, and its absence or incompleteness shall be cause for rejection of the 2
administrative closeout.
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17. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. § 570.489(g). Title
24 C.F.R. § 570.489(h) shall apply in all conflicts of interest not governed by 24 C.F.R. § 570.489(g), such
as those relating to the acquisition or disposition of real property; CDBG-DR financial assistance to 2
beneficiaries, businesses or other third parties; or any other financial interest, whether real or perceived.
Additionally,the Subrecipient agrees to comply with,and this Agreement is subject to, Chapter 112 F.S.
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18. Any payment by the Subrecipient using CDBG-DR 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 DEO prior to distribution of the funds. Should the I
Recipient fail to obtain DEO pre-approval,any portion of the cost of the acquisition exceeding Fair Market
Value shall not be paid or reimbursed with CDBG-DR funds.
19. The Subrecipient 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 DEO with the administrative closeout package for this Agreement.
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20. 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.
Attachment E — State and Federal Statutes, Regulations, and Policies
The CDBG-DR funds available to the Subrecipient through this agreement constitute a subaward of the DSO's w
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Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for CD
Federal Awards,2 CFR part 200. This agreement includes terms and conditions of the DSO's Federal award
31
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that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with
all of the obligations described in this agreement.
The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable
provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24
CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-DR funds available WE
under this agreement.These Federal Register notices include,but are not limited to,Federal Register Guidance W
(82 FR 5591 & 82 FR 36812 and 81 FR 83254). Notwithstanding the foregoing, (1) the Subrecipient does not
assume the any of DSO's responsibilities for environmental review, decision-making and action, described in
24 CFR part 58 and (2) the Subrecipient does not assume any of the DSO's responsibilities for initiating the ai
review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other .2-
applicable Federal, state and local laws,regulations and policies that govern the use of the CDBG-DR funds in
complying with its obligations under this agreement,regardless of whether CDBG-DR funds are made available
to the Subrecipient on an advance or reimbursement basis.
The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant
funds otherwise available. The Subrecipient 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:
I. State of Florida Requirements
State of Florida Requirements are stated throughout this Agreement and Attachments thereto.
II. Audits.Inspections. and Monitoring W
1. Single Audit U
The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the
Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set
forth in §200.501 Audit requirements.
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2. Inspections and Monitoring
The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial
statements as necessary for DEO to meet the requirements of 2 CFR part 200.
The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the
subaward is used for authorized purposes,in compliance with Federal statutes,regulations,and the terms and
conditions of this Agreement.
This review must include: (1) reviewing financial and performance reports required by the DEO; (2)
following-up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the Subrecipient from DEO detected through audits,on-site
reviews, and other means;and (3) issuing a management decision for audit findings pertaining to this Federal
award provided to the Subrecipient from DEO as required by 2 CFR§200.521.
3. Corrective Actions 0
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The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient t�l
as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue
management decisions and may consider taking enforcement actions if noncompliance is detected during
audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining
to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on- w
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site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this
agreement,DEO may impose additional conditions on the use of the CDBG-DR funds to ensure future
compliance or provide training and technical assistance as needed to correct noncompliance. m
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III. Drug-Free Workplace
Drug-free workplace. The Subrecipient must comply with drug-free workplace requirements in Subpart B of
part 2429,which adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the 0
Drug-Free Workplace Act of 1988 (Pub.L. 100-690,Title V, Subtitle D;41 U.S.C. 701-707).
m
IV. Procurement and Contractor Oversight
The Subrecipient shall comply with the procurement standards in 2 CFR§200.318 - §200.326 when procuring
property and services under this agreement.The Subrecipient shall impose the Subrecipient's obligations under
this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon m
each of its contractors.
The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities at [insert 24
CFR 570.609 or 24 CFR 570.489(l) as appropriate]. CDBG funds may not be provided to excluded or
disqualified persons. N
The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any
procured contract or agreement,its contractors perform according to the terms and conditions of the
procured contracts or agreements,and the terms and conditions of this Agreement.
V. Property Standards
Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24
CFR 570.2000). The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR c
200.312, 2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313
Equipment,except that when the equipment is sold,the proceeds shall be program income and equipment not
needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-DR
program or shall be retained after Subrecipient appropriately compensates DEO q
The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,
except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.489(j), in which case
Subrecipient shall comply with 24 CFR 570.2000) and 24 CFR 570.489(j), except to the extent that proceeds `0.
from the sale of equipment are program income and subject to the program income requirements under this
agreement, pursuant to 24 CFR 570.489(e)(1)(ii).
I
VI. Federal Funding Accountability and Transparenc,:Act ,FFATA�
The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for
Award Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2
CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number. The
Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act,
which includes requirements on executive compensation,2 CFR part 170 Reporting Subaward and Executive
Compensation Information. c
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VI I.Relocation and Real Propert<:Acquisition
The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies c
Act of 1970, as amended (URA),42 USC 4601 —4655, 49 CFR part 24,24 CFR part 42, and 24 CFR 570.606. w
In addition to other URA requirements,these regulations (49 CFR§ 24.403(d)) implement Section 414 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 USC 5 5181,which provides that
"Notwithstanding any other provision of law,no person otherwise eligible for any kind of replacement
housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a
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major disaster as determined by the President,to meet the occupancy requirements set by such Act".
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VIII. Nondiscrimination
1. 24 CFR part 6 0
The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of
the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that °i
no person in the United States shall, on the ground of race, color,national origin,religion or sex,be excluded
from participation in,be denied the benefits of or be subjected to discrimination under any program or activity CD
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funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions
against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107)
(Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these '
requirements applicable to programs or activities funded in whole or in part with CDBG-DR funds.Thus,the
Subrecipient shall comply with regulations of 24 CFR part 8,which implement Section 504 for HUD programs, C
and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. .N
2. Architectural Barriers Act and the Americans with Disabilities Act c
The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act
and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157)
requires certain Federal and Federally funded buildings and other facilities to be designed,constructed or y
altered in accordance with standards that insure accessibility to, and use by,physically handicapped people.A W
building or facility designed,constructed or altered with funds allocated or reallocated under this part after
December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the 2
definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural
Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility
Standards (appendix A to 24 CFR part 40 for residential structures,and appendix A to 41 CFR part 101-19, X
subpart 101-19.6,for general type buildings). 0
The Americans with Disabilities Act (42 U.S.C. 12131;47 U.S.C. 155,201,218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment,public accommodations, U-
State and local government services and telecommunications. It further provides that discrimination includes �I
a failure to design and construct facilities for first occupancy no later than January 26, 1993,that are readily m
accessible to and usable by individuals with disabilities. Further,the ADA requires the removal of
architectural barriers and communication barriers that are structural in nature in existing facilities,where such
removal is readily achievable—that is, easily accomplishable and able to be carried out without much
difficulty or expense.
3. State and Local Nondiscrimination Provisions
The Subrecipient must comply with the Florida Small and Minority Business Assistance Act (§§ 288.703- Cal
288.706,F.S.);
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Title VI of the Civil Rights Act of 1964 (24 CFR part 1)
(I) General Compliance:
The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352),
as amended. No person in the United States shall, on the ground of race, color or national origin,be excluded
I
from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program
or activity funded by this agreement.The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use
of these funds. The Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for
the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24
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CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an CD
investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall be kept
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confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of
any investigation,hearing or judicial proceeding arising thereunder. cJ
(II) Assurances and Real Property Covenants:
As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the
Subrecipient assures that the program or activities described in this Agreement will be conducted and the
housing,accommodations,facilities,services,financial aid or other benefits to be provided will be operated and
administered in compliance with all requirements imposed by or pursuant to this part 1.
If the Federal financial assistance under this Agreement is to provide or is in the form of personal property or CD
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real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the
Subrecipient or,in the case of a subsequent transfer, the transferee, for the period during which the property
is used for a purpose for which the Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of
the property,whichever is longer.In all other cases,the assurance shall obligate the Subrecipient for the period
during which Federal financial assistance is extended pursuant to the contract or application. This assurance )
gives DEC)and the United States a right to seek judicial enforcement of the assurance and the requirements on
real property. c
In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal r-
financial assistance under this Agreement or acquired with CDBG-DR funds and provided to the Subrecipient
Under this Agreement, the instrument effecting any disposition by the Subrecipient of such real property,
structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring
nondiscrimination for the period during which the real property is used for a purpose for which the Federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits.
If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under
this Agreement,to the extent that rights to space on, over, or under any such property are included as part of
the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any X
facility located wholly or in part in such space.
Affirmative Action
(III) Approved Plan
The Subrecipient agrees that it shall carry out pursuant to the DSO's specifications an Affirmative Action �I
Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended, and
implementing regulations at 42 CFR 60. DEC) shall provide Affirmative Action guidelines to the Subrecipient
to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action
Program for approval prior to the release of funds under this agreement.
I
(IV) Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that
minority businesses,women's business enterprises,and labor surplus area firms are used when possible when UI
the Subrecipient procures property or services under this Agreement.
(V) Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer,advising the labor union or worker's representative of the Subrecipient's commitments hereunder,and UI
shall post copies of the notice in conspicuous places available to employees and applicants for employment. 0
(VI) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement r-
The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the 2
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Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. w
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IX. Labor and Employ
1. Labor Standards
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The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community
Development Act of 1974,as amended and ensure that all laborers and mechanics employed by contractors or CJ
subcontractors in the performance of construction work financed in whole or in part with assistance received 0i
under this Agreement shall be paid wages at rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40
U.S.C. 3141, et seq.) and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the W
rehabilitation of residential property only if such property contains not less than 8 units. W
The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act(18 U.S.C. 874)and its implementing
regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with applicable hour and wage requirements. Such m
documentation shall promptly be made available to DEO for review upon request.
X. Section 3 of the Housing and Urban Development Act of 1968
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1. A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. .N
1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) c
whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary, C
with adjustments for smaller and larger families,except that the Secretary may establish income ceilings higher
and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such 6
variations are necessary because of prevailing levels of construction costs or unusually high or low—income
families;or (ii) A very low-income person,as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C.
1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families
(including single persons) whose incomes do not exceed 50 per centum of the median family income for the
area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary
may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of X
the Secretary's findings that such variations are necessary because of unusually high or low family incomes. U
2. Compliance
The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of
1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The
Subrecipient shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered
contract" (as defined in 24 CFR 135.5).
A. The work to be performed under this Agreement is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u (Section 3). The purpose of )
Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or opI
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. I
B. 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 U.S.C. 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.
C. The Subrecipient will require its contractors to send to each labor organization or representative of WI
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 c
Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both 2
employees and applicants for training and employment positions can see the notice.The notice shall describe a'
the Section 3 preference, shall set forth minimum number and job titles subject to hire, availabilit< 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. m
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D. The Subrecipient will require its contractors to include a materially similar Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action, cJ
as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the 0i
subcontractor is in violation of the regulations in 24 CFR part 135.The Subrecipient will require its
contractors to 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 Subrecipient will require its contractors to certify any vacant employment positions,including m
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 off
this contract for default, and debarment or suspension from future HUD assisted contracts.
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. :5
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section r_
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. 2
Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with
0
Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b).
3. Recipients of HUD federal financial assistance shall meet the following hiring and contract
numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.30 (Numerical goals for meeting
the greatest extent feasible requirement.).
(3) Recipients of Section 3 covered community development assistance, and their contractors and
subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section
135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section M
3 residents as:
I
(I) 10 percent of the aggregate number of new hires for the one-year period beginning
in FY 1995;
(II) 20 percent of the aggregate number of new hires for the one-year period beginning
in 1996;and
(III) 30 percent of the aggregate number of new hires for the one-year period beginning
in FY 1997 and continuing thereafter. I
(c) Contracts. Numerical goals set forth in paragraph (c) of this section apply to
contracts awarded in connection with all Section 3 covered projects and Section
3 covered activities. Each recipient and contractor and subcontractor (unless the
contract or subcontract awards do not meet the threshold specified in Section
135.3(a)(3)) may demonstrate compliance with the requirements of this part by t�l
committing to award to Section 3 business concerns:
(1) At least 10 percent of the total dollar amount of all Section 3 covered contracts 0
for building trades work for maintenance, repair, modernization or development of 2
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public or Indian housing, or for building trades work arising in connection with CD
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housing rehabilitation,housing construction and other public construction; and
(2) At least three
(3) percent of the total dollar amount of all other Section 3 covered contracts.
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XI. Conduct
1. Hatch Act
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The Subrecipient shall comply with the Hatch Act,5 USC 1501—1508,and shall ensure that no funds provided,
nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of
10
political activities in violation of Chapter 15 of Title V of the U.S.C.
Conflict of Interest
E
In the procurement of supplies, equipment, construction and services pursuant to this agreement, the
Subrecipient shall comply with the conflict of interest provisions in the DSO's procurement policies and
procedures. In all cases not governed by the conflict of interest provisions in the DSO's procurement policies
and procedures,the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h).
Lobb)ing Certification
The Subrecipient hereby certifies that:
(I) No Federal appropriated funds have been paid or will be paid,by or on behalf of it,
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 N
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 r_
entering into of any cooperative agreement and the extension,continuation,renewal,
amendment or modification of any Federal contract, grant, loan, or cooperative y
agreement;
(II) 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 0.
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, U
"Disclosure Form to Report Lobbying,"in accordance with its instructions; q
(III) The language of paragraph (a) through (d) of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,subgrants and iz
contracts under grants,loans and cooperative agreements) and that all subrecipients m
shall certify and disclose accordingly; and
(Iv) 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
required by section 1352, title 31, U.S.C. 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.
XI I.Religious Activities
The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently rehgious
activities prohibited by 24 CFR 570.2000), such as worship,religious instruction or proselytization.
XIII. Environmental Conditions c
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1. Prohibition on Choice Limiting Activities Prior to Environmental Review �I
lent must comply with the limitations in 24 CFR 58.22 even though the Subreci lent is not c
The Subreci
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delegated the requirement under Section 104(g) of the HCD Act for environmental review, decision- making c
and action (see 24 CFR part 58) and is not delegated the DSO's responsibilities for initiating the review process ci
under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and CD
specifically limits commitments of HUD funds or non-HUD funds by any participant in the development
process before completion of the environmental review. A violation of this requirement may result in a
prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant
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Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the
Subrecipient a written update regarding the status of the review process.
Air and Water
The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this
agreement:
• Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly
section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of
Federal Actions to State or Federal Implementation Plans (Environmental Protection F
Agency-40 CFR parts 6, 51,and 93); and ai
• Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended,
including the requirements specified in Section 114 and Section 308 of the Federal Water
Pollution Control Act,as amended,and all regulations and guidelines issued thereunder.
Flood Disaster Protection
The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of
the Flood Disaster Protection Act of 1973,as amended by the National Flood Insurance Reform Act of 1994,
42 USC 4012a. Additionally,the Subrecipient shall comply with Section 582 of the National Flood Insurance r_
Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood
disaster assistance,including loan assistance,to a person for repair, replacement or restoration for damage to
any personal,residential, or commercial property if that person at any time has received Federal flood disaster W
assistance that was conditioned on the person first having obtained flood insurance under applicable Federal
law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable
Federal law on such property. Section 582 also includes a responsibility to notify property owners of their
responsibility to notify transferees about mandatory flood purchase requirements. More information about
these requirements is available in the Federal Register notices governing the CDBG-DR award and listed at the x
beginning of this Attachment. 0
Lead-Based Paint
The Subrecipient shall follow DEO approved procedures with respect to CDBG assistance that fulfill the 9
objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the �I
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing 2
regulations at part 35, subparts A,B,J,K,and R of this title.
Historic Preservation
The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set
forth in 36 CFR part 800 insofar as they apply to the performance of this Agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and t�I
demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local
historic property list.
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Attachment F — Civil Rights Compliance
Fair Housing
As a condition for the receipt of CDBG-DR funds,the Subrecipient must certify that it will "affirmatively
further fair housing" in its community. The Subrecipient shall demonstrate its commitment to affirmatively m
further fair housing by implementing the actions listed below. m
The Subrecipient shall:
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) Designate an employee as the Fair Housing Coordinator who is available during regular business hours
to receive fair housing calls;
3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general
circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing
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questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact
information throughout the quarter on the home page of its website;
4) Establish a system to record the following for each fair housing call:
a) The nature of the call,
b) The actions taken in response to the call,
c) The results of the actions taken and
d) If the caller was referred to another agency,the results obtained by the referral agency;
5) Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall
not be conducted in consecutive quarters;and >
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6) Display a fair housing poster in the CDBG-DR Office. (This does not count as a fair housing activity)
The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can
handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records
maintained by the contact will help the community do the following:
• Define where discriminatory practices are occurring, q
• Help the community measure the effectiveness of its outreach efforts,and r-
• Provide the community with a means to gain information that can be used to design and implement I
strategies that will eliminate fair housing impediments.
Examples of fair housing activities include the following:
• Making fair housing presentations at schools, civic clubs and neighborhood association meetings;
• Conducting a fair housing poster contest or an essay contest;
• Manning a booth and distributing fair housing materials at libraries, health fairs, community events, I
yard sales and church festivals;and
• Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company >I
employees,insurance agents and apartment complex owners.
Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however,
mailing a DEO-approved fair housing brochure as an insert with utility bills will be accepted as an activity. I
Placing posters in public buildings does not meet the requirement for a fair housing activity.
The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles,
sign-in sheets and copies of handouts in their CDBG-DR project file and include information about the t�I
activities in the comment section of each quarterly report. 0
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Equal Employment Opportunity
As a condition for the receipt of CDBG-DR funds,the Subrecipient must certify that it and the contractors,
subcontractors, subrecipients and consultants that it hires with CDBG-DR funds will abide by the Equal
Employment Opportunity (EEO) Laws of the United States. The Subrecipient shall demonstrate its
commitment to abide by the laws through the actions listed below.
Each Subrecipient shall: m
1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants m
employees and the applicants and employees of its contractors subcontractors subreci Tents and °�and em
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consultants 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 disabilit<, age or genetics;
2) Designate an employee as the EEO Coordinator who is available during regular business hours to
receive EEO calls;
3) Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in
the Subrecipient's jurisdiction so that people know who to can to ask EEO questions or register a C
complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout
the quarter on the home page of its website; and 0
4) Establish a system to record the following for each EEO call:
a) The nature of the call,
b) The actions taken in response to the call and
c) The results of the actions taken; W
Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE)and women-
owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit
companies to bid on CDBG-DR-funded construction activities and shall provide a copy of the list to the prime
contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services W
maintains a list of certified minority- and women-owned businesses that can be used to develop a local
MBE/WBE list at the following website: httns://osd.dms.mvflorida.com/directories. U
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of CDBG-DR funds,the Subrecipient must certify that it provides access to
all federally funded activities to all individuals,regardless of handicap. The Subrecipient shall demonstrate its
commitment to abide by the laws through the actions listed below.
The Subrecipient shall:
1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person
who:
I
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) Designate an employee as the Section 504/ADA Coordinator who is available during regular business
hours to receive Section 504/ADA calls;
3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general
circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA
questions or register a complaint. Alternatively the Subrecipient can post the coordinator's contact UI
information throughout the quarter on the home page of its website;and 2
4) Establish a system to record the following for each Section 504/ADA call:
a) The nature of the call,
b) The actions taken in response to the call andCD
c) The results of the actions taken.
Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability,
accessibility, delivery employment and the administrative activities and responsibilities of organizations
41
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receiving Federal financial assistance. A Subrecipient 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 m
barriers, or
• Deny employment opportunities,including hiring, promotion, training and fringe benefits, for which
they are otherwise entitled or qualified. m
The ADA regulations (Title II, 28 C.F.R. part 35, and Title III,28 C.F.R. part 36) prohibit 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 0
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
6
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
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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,
I
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.
Section 3 - Economic Opportunities for Low- and Very Low-Income Persons
The Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any
job openings that exist on CDBG-DR-funded projects in the community. The Subrecipient and its contractors
shall keep records to document the number of low- and moderate-income people who are hired to work on t�I
CDBG-DR-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.
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The following clause from 24 C.F.R. § 135.38 is required to be included in CDBG-DR-funded contracts
0
of$100,000 or more. CJI
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing r_
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and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of
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Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance a'
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 Subrecipients of HUD assistance for housing.
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B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R. 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. 0
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 m
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 m
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 C
regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable �+
0
provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation
of the regulations in 24 C.F.R.part 135. The contractor will not subcontract with any subcontractor where 2
the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 C.F.R. 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 C.F.R. part 135 require employment opportunities to be directed,were not
filled to circumvent the contractor's obligations under 24 C.F.R. part 135.
F. Noncompliance with HUD's regulations in 24 C.F.R.part 135 may result in sanctions,termination of this 0
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 �I
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 I
7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance
with Section 7(b).
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Civil Rights Regulations
As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it will abide by the m
following Federal laws and regulations:
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1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive W
Federal funding; m
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 C.F.R. § 570.487(b) —Affirmatively Furthering Fair Housing,
5. 24 C.F.R. § 570.490(b) —Unit of general local government's record;
6. 24 C.F.R. § 570.606(b) —Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892—Leadership and Coordination of Fair Housing in Federal Programs:Affirmatively r-
Furthering Fair Housing, N
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-DR funds because of race,color,religion, sex or national origin;
10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. part 8,which prohibits discrimination against
people with disabilities; W
11. Executive Order 11063—Equal Opportunity in Housing;
12. Executive Order 11246—Equal Employment Opportunity; 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.
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I hereby certify that shall comply with all of the provisions and Federal
regulations listed in this attachment. q
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By: Date:
Name:
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Title:
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Attachment G — Reports
The following reports must be completed and submitted to DEO in the time frame indicated 0i
below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph
(10) Default, of this Agreement.
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1. A Monthly Progress Report must be submitted to DEO on forms to be provided by DEO ten 2
(10) calendar days after the end of each month.
2. A Quarterly Progress Report,must be submitted to DEO on forms to be provided by DEO 2
no later than the tenth day of every April,July,October,and January.
3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
httn://wwy,.flrules.org/Gateway/reference.asp?No=Ref-05360; which is incorporated herein by )
reference, must be submitted by April 15 and October 15 each year through the DSO's SERA reporting as
system.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 reporting period,
the form must indicate "no activity".
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The Subrecipient shall closeout its use of the CDBG-DR funds and its obligations under this
Agreement by complying with the closeout procedures in 2 CFR§200.343.Activities during this close-out
period may include, but are not limited to: making final payments, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program income balances and W
accounts receivable to DEO) and determining the custodianship of records.
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Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the q
Subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any _
accounts receivable attributable to the use of CDBG funds. Further, any real property under the
Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including
CDBG funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 0.
CFR 570.503(b)(7).
4. In accordance with 2 C.F.R. part 200, should the Subrecipient 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 nine months from the end of the Subrecipient's fiscal year. If the UI
Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO
no later than nine months from the end of the Subrecipient's fiscal year. I
5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to
auditndeo.mvflorida.com within sixty (60) calendar days of the end of each fiscal year in which this t0
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subgrant was open.
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6. The Section 3 Summary Report,form HUD-60002,must be completed and submitted through
DEO's SERA reporting system by July 31, annually. The form must be used to report annual 2
accomplishments regarding employment and other economic opportunities provided to persons and
businesses that meet Section 3 requirements.
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7. Request for Funds must be submitted as required by DEO and in accordance with the Project
Description and Deliverables;Project Narrative, Project Budget Detail and Activity Work Plan.
8.All forms referenced herein are available online or upon request from DEO's grant manager for this
Agreement.
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Attachment H — Warranties and Representations
Financial Management m
The Subrecipient's financial management system must comply with the provisions of 2 C.F.R. part 200
(and particularly 2 C.F.R 200.302 titled "Financial Management"), Section 218.33, F.S., and include the 0
following: m
(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 Subrecipient
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 particularly 2 C.F.R. 200 Subpart E titled"Costs Principles' and the terms and
conditions of this Agreement. y
(6) Cost accounting records that are supported by back m up docuentation. o
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 Subrecipient 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, 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 X
must fulfill in order for the bid or offer to be evaluated by the Subrecipient. Any and all bids or offers may be
rejected if there is a sound, documented reason.
Codes of Conduct LL
The Subrecipient shall maintain written standards of conduct governing the performance of its employees �I
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 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 a tangible personal benefit from a firm considered for a contract. I
The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide I
for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the
Subrecipient. (See 2 C.F.R. §200.318(c)(1).)
Business Hours
The Subrecipient 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 0
circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday UI
through Friday.
Licensing and Permitting
All contractors or employees hired by the Subrecipient shall have all current licenses and permits required
for all of the particular work for which they are hired by the Subrecipient. w
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Attachment I — Audit Requirements
The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or
monitoring by DEO as described in this section.
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MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F (Audit Requirements) and W
Section 215.97,F.S.,as revised (see "AUDITS"below),monitoring procedures may include,but not be limited
to, on-site visits by DEO staff, limited scope audits as defined by 2 CFR part 200, as revised, and/or other
procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any m
monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited '
scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional
instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees
to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Chief r_
Financial Officer (CFO) or Auditor General.
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AUDITS
PART I: FEDERALLY FUNDED y
This part is applicable if the Subrecipient is a State or local government or a non-profit organization as defined
in 2 CFR 200,as revised.
1. In the event that the Subrecipient expends $750,000 or more in federal awards in its fiscal year, the
Subrecipient must have a single or program-specific audit conducted in accordance with the provisions
of 2 CFR 200 Subpart F (Audit Requirements),as revised.In determining the federal awards expended q
in its fiscal year,the Subrecipient 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 2 CFR 200 Subpart F (Audit Requirements), as revised.
An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of
2 CFR 200 Subpart F (Audit Requirements),as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill
the requirements relative to auditee responsibilities as provided in 2 CFR 200 Subpart F (Audit
Requirements), as revised.
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3. If the Subrecipient expends less than $750,000 in federal awards in its fiscal year, an audit conducted
in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised, is not
required. In the event that the Subrecipient expends less than $750,000 in federal awards in its fiscal
year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F
(Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., �I
the cost of such an audit must be paid from Subrecipient resources obtained from other than federal
entities).
4. Although 2 CFR 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) w
organizations, the pass-through entity has an obligation to ensure that for-profit subrecipients that
expend $750,000 or more in federal awards must comply with federal awards guidelines (see 2 CFR
200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of
individual federal grantor agencies.
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Additional Federal Single Audit Act resources can be found at: cJ
hops://harvester.census.gov/facweb/Resources.aspx
PART II: STATE FUNDED
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This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2),F.S.
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1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in 2
excess of$750,000 in any fiscal year of such Subrecipient,the Subrecipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of
the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 �
(nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state .5
financial assistance expended in its fiscal year, the Subrecipient 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.
0
2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall
ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes
submission of a financial reporting package as defined by Section 215.97(2),F.S.,and Chapters 10.550
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(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
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3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97,F.S.,is not required. In the event that
the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provisions of Section 215.97,F.S.,the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from
the Subrecipient's resources obtained from other than State entities).
Additional information regarding the Florida Single Audit Act can be found at: �I
htt s://aPps.fldfs.com/fsaa/
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding
entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by
Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant >I
to Section 215.97(8),F.S.,State agencies may conduct or arrange for audits of state financial assistance
that are in addition to audits conducted in accordance with Section 215.97, F.S. In such an event,the
State awarding agency must arrange for funding the full cost of such additional audits.)
N/A
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PART IV: REPORT SUBMISSION
1. Copies of reporting packages, to include any management letter issued by the auditor, for audits w
conducted in accordance with 2 CFR 200 Subpart F (Audit Requirements),as revised,and required by CD
PART I of this Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to
each of the following at the address indicated: m
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A. Department of Economic Opportunity
Financial Monitoring and Accountability (FMA) U
The copy submitted to the FMA section should be sent via email to: FNIA- 0i
RWB a,deo.mvflorida.com
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B. The Federal Audit Clearinghouse designated in 2 CFR 200 Subpart F (Audit Requirements), as
revised,electronically at: httns://haryester.census.gov/facweb/ E
2. Copies of audit reports for audits conducted in accordance with 2 CFR 200 Subpart F (Audit
Requirements), as revised, and required by Part I (in correspondence accompanying the audit report,
indicate the date that the Subrecipient received the audit report); copies of the reporting package
described in Section .512(c), 2 CFR 200 Subpart F (Audit Requirements), as revised, and any
management letters issued by the auditor;copies of reports required by Part II of this Exhibit must be
sent to DEO at the addresses listed in paragraph three (3) below.
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3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by
or on behalf of the Subrecipient directly to each of the following:
A. DEO at the following address: °-
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Electronic copies: AuditLa)deo.mvflorida.com
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B. The Auditor General's Office at the following address:
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Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen local�4ovt a,aud.state.fl.us d-
4. Any reports, management letter or other information required to be submitted to DEO pursuant to U
this Agreement shall be submitted timely in accordance with 2 CFR 200 Subpart F, 215.97 F.S., and
Chapters 10.550(local governmental entities) or 10.650(nonprofit and for-profit organizations),Rules
of the Auditor General,as applicable.
5. Recipients and subrecipients, when submitting financial reporting packages to DEO for audits done I
in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations),Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient/sub recipient in correspondence accompanying the reporting package.
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PART V: RECORD RETENTION t�I
2
The Subrecipient 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 five (5) state fiscal years
after all reporting requirements are satisfied and final payments have been received,whichever period is w
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longer, and shall allow DEO, or its designee,the Chief Financial Officer (CFO) or Auditor General access to CD
such records upon request. In addition,if any litigation,claim,negotiation,audit, or other action involving
the records has been started prior to the expiration of the controlling period as identified above,the records m
shall be retained until completion of the action and resolution of all issues which arise from it, or until the
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end of the controlling period as identified above,whichever is longer.The Subrecipient shall ensure that audit
working papers are made available to DEO,or its designee, CFO or Auditor General upon request for a U
period of five (5) years from the date the audit report is issued,unless extended in writing by DEO. 0i
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Exhibit 1 to Attachment I — Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
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Federal Awarding Agency: U.S. Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: $15,000,000.00
Community Development Block Grants/State's Program
Catalog of Federal Domestic Assistance Title: and Non-Entitlement Grants in Hawaii m
Catalog of Federal Domestic Assistance Number: 14.228
The purpose of Rebuild Florida's CDBG-DR Voluntary
Project Description: Home Buyout Program is to acquire properties that are in a
Special Flood Hazard Area (SFHA), and in high-risk flood _
areas to help reduce the impact of future disasters and to
This is not a research and development a�a�ard. c
assist property owners to relocate outside the threat of 0
flooding. 2
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Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement
are as Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S.
2. The Subrecipient shall perform its obligations in accordance with 24 C.F.R. §§ 570.480—570.497.
3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or U
exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. M
5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily
limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's �I
Notice of Subgrant Award/Fund Availability(NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
N/A I
Matching Resources for Federal Programs: N/A >I
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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 �I
r_
NOTE: Title 2 C.F.R. §200.331 and Section 215.97(5),F.S.,require that the information about Federal Programs and 0
State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the �y
Subrecipient.
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DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
Attachment J — Audit Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this subgrmt was open to
audit(?deo.myflorida.com.
0
Subrecipient:
FEIN: Subrecipient's Fiscal
Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received
under any agreement (e.g., contract,grant, memorandum of agreement,memorandum of )
understanding, economic incentive award agreement, etc.) between the Subrecipient and the N
Department of Economic Opportunity (DEO)? ❑ Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and
0
all other sources of state financial assistance combined) during its fiscal Near? ❑ Yes ❑
No
If yes, the Subrecipient certifies that it will timely comply with all applicable State
2
0.
single or project-specific audit requirements of Section 215.97, Florida Statutes and the
applicable rules of the Department of Financial Services and the Auditor General. �--
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2. Did the Subrecipient expend federal awards during its fiscal year that it received under any
agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding,
economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes �I
❑ No
If the above answer is yes, also answer the following before proceeding to execution of this
certification:
Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other
sources of federal awards combined) during its fiscal Near? ❑ Yes ❑ No
If yes, the Subrecipient certifies that it will timely comply with all applicable single or
program-specific audit requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of the Subrecipient, that the above representations
for items 1 and 2 are true and correct.
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Signature of Authorized Representative Date
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Printed Name of Authorized Representative Title of Authorized Representative
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D.2.e
DEO Agreement No.:I0092
Attachment K — Subrecipient Enterprise Resource Application
(SERA) Form
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Current SERA Form will be provided under separate cover.
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DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
Attachment L
2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal
Entity Contracts Under Federal Awards
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the
following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1903, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
( ) All contracts in excess of$10,000 must address termination for cause and for convenience N
by the non-Federal entity including the manner by which it will be affected and the basis for c
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part y
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Camp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, <
Equal Employment Opportunity, Department of Labor."
(D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3143). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- _
3144, and 3146-3143) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required
to pay wages not less than once a week. The non-Federal entity must place a copy of the
current prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported violations I
to the Federal awarding agency. The contracts must also include a provision for compliance
with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Flours and Safety Standards Act (40 U.S.C. 3701-3703). Where applicable,
all contracts awarded by the non-Federal entity in excess of$100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
55
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D.2.e
DEO Agreement No.:I0092
standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours ca
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and °3
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that"funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
(G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of$150,000 N
must contain a provision that requires the non-Federal award to agree to comply with all c
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the y
Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) -A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Camp., p. 189) and 12689 (3 CFR <
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(1) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an _
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
(J) See § 200.322 Procurement of recovered materials. I
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]
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DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
Attachment M
State of Florida
Department of Economic Opportunity
Federally-Funded
Community Development Block Grant
Disaster Recovery (CDBG-DR) Subrogation Agreement
This Subrogation and Assignment Agreement ("Agreement") is made and entered into on this_day of
20 , by and between (hereinafter referred to as
"Subrecipient") and the State of Florida, Department of Economic Opportunity(hereinafter referred to
as "DEO"). in
0
In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's
application for the receipt of funds (collectively,the "Grant Proceeds") under the DEO Community
Development Block Grant-Disaster Recovery Program (the "CDBG-DR Program") administered by DEO,
Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all
payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage
or under any reimbursement or relief program related to or administered by the Federal Emergency
Management Agency("FEMA") or the Small Business Administration ("SBA") (singularly, a "Disaster
Program" and collectively,the "Disaster Programs")that was the basis of the calculation of Grant
Proceeds paid or to be paid to Subrecipient under the CDBG-DR Program and that are determined in the
sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement.
The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, ¢,I
FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to
herein as "Proceeds," and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds."
Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its
sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are
determined to be a DOB,the portion that is a DOB shall be paid to DEO,to be retained and/or disbursed I
as provided in this Agreement.The amount of DOB determined to be paid to DEO shall not exceed the
amount received from the CDBG-DR Program. CAI
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Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has
against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's
assistance and cooperation shall include but shall not be limited to allowing suit to be brought in
Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving UoI
depositions, providing documents, producing record and other evidence,testifying at trial and any other
form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist
and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be o
entitled to under any applicable Disaster Program.
If requested by DEO, Subrecipient agrees to execute such further and additional documents and
instruments as may be requested to further and better assign to DEO,to the extent of the Grant
Proceeds paid to Subrecipient under the CDBG-DR Program, the Policies, any amounts received under
the Disaster Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be
57
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DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make
effective the purposes of this Agreement.
Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance
policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving
Proceeds, any non-public or confidential information determined to be reasonably necessary by DEO to
monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's
consent to such company to release said information to DEO.
If Subrecipient (or any lender to which DOB Proceeds are payable to such lender,to the extent
permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to
promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-DR
Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds
had been considered in the calculation of Subrecipient's award.
N
In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds,
Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if
any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent
Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB y
Proceeds shall be disbursed as follows:
1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB o
Proceeds shall be retained by DEO.
2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB
x
Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, U
0
and all Subsequent DOB Proceeds shall be returned to the Subrecipient.
3. If the Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds _
shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds
shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB
Proceeds in such amount shall be returned to the Subrecipient; and (B) any remaining
Subsequent DOB Proceeds shall be retained by DEO.
4. If DEO makes the determination that the Subrecipient does not qualify to participate in the
CDBG-DR Program or the Subrecipient determines not to participate in the CDBG-DR Program,
the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall
terminate.
Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign
to Subrecipient any rights assigned to DEO pursuant to this Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding
Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this �I
Agreement.
0
Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be
subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
58
Packet Pg.718
DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1
D.2.e
DEO Agreement No.:I0092
The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has
received, read, and understands this notice of penalties for making a false claim or statement regarding
Proceeds received by Subrecipient.
0
In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement,
including actual attorney's fees.
SUBRECIPIENT
[insert Subrecipient name]
By:
Name:
Title:
C
DEO: N
[insert name of administrative entity] o
By:
Name: o
Title:
2
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D.2.f
RESOLUTION NO. -2020 '
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
FLORIDA DEPARTMENT OF ECONOMIC 0
OPPORTUNITY (DEO) SUBRECIPIENT AGREEMENT
FOR THE COMMUNITY DEVELOPMENT BLOCK E
GRANT-DISASTER RECOVERY (CDBG-DR) 2
VOLUNTARY HOME BUYOUT PROGRAM AND
ACCEPTANCE OF $15 MILLION IN NON MATCHING
GRANT FUNDS TO IMPLEMENT THE PROGRAM
C
WHEREAS, Congress has appropriated significant funds for disaster recovery
through the Community Development Block Grant — Disaster Recovery ("CDBG-DR")
program in the aftermath of Hurricane Irma to support community recovery; and
0
WHEREAS, the Department of Housing and Urban Development ("HUD")
administers the CDBG-DR grant program and issued guidelines for application and
award; and 2
WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low
and moderate income persons in a manner that ensures at least 70 percent of the grant
amount awarded under this agreement is expended for activities that benefit such persons; E
and 2
WHEREAS, pursuant to the HUD guidelines the Florida Department of
Economic Opportunity ("DEO") submitted a state action plan setting forth the states
proposed disaster recovery programs; and a
WHEREAS, Monroe County conducted a countywide survey of impacted
CL
residents, a public outreach campaign consisting of a direct mail-out to interested
individuals, a media outreach campaign, and an online registration survey to identify >
homeowners interested in the program; and
WHEREAS, Monroe County applied to DEO for CDBG-DR funds to implement
a Voluntary Home Buyout Program that would purchase homes damaged by Hurricane
Irma at pre Hurricane Irma fair market value, demolish the structure, and maintain the
property as greenspace or allow limited use of these lots in compliance with HUD 0
regulations; and
WHEREAS, on November 26, 2019 the Florida Department of Economic
Opportunity awarded Monroe County $15 Million in CDBG-DR Voluntary Home
Buyout Program funds and on March 13, 2020 transmitted the Sub-recipient agreement.
E
Packet Pg.720
D.2.f
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY '
COMMISSIONERS OF MONROE COUNTY, FLORIDA,that:
1. The County Administrator is directed to sign the CDBG-DR Voluntary Home
Buyout Program Sub-recipient agreement with DEO accepting $15 Million in 0
non-match grant funds.
2. Monroe County staff are directed to implement the Voluntary Home Buyout Program E
in compliance with all requirements imposed by Federal statues, regulations and the
terms and conditions of DEO's Federal Award.
e(
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th Day of May, 2020.
Mayor Heather Carruthers
Mayor Pro Tem Michelle Coldiron c
Commissioner Craig Cates
Commissioner David Rice
0
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
e(
BY: BY: E
As Deputy Clerk Mayor
MONROE COUNTY ATTORNEY
Chi RIS11NE LIMBF:RT•BARROWS
ASSISTANT COUNTY ATTORNEY
DATE..120
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