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Item D09
� D.9 � � �, 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.9 Agenda Item Summary #6362 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington (305) 289- 2524 NA AGENDA ITEM WORDING: Approval to advertise a Request for Proposals for Environmental and Historical Review Services for the Community Development Block Grant - Disaster Recovery funded Monroe County Voluntary Home Buyout Program. ITEM BACKGROUND: Staff seeks approval to advertise for the competitive solicitation of professional Environmental and Historical Review Services for the CDBG Voluntary Home Buyout Program to be funded through a grant agreement with the Florida Department of Economic Opportunity. The Request for Proposal must meet all federal procurement requirements and be in compliance with the U.S. Department of Housing and Urban Development standards. 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. The Department of Economic Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan and allocated $75 Million for the Voluntary Home Buyout Program (VHBP). On November 26, 2019, DEO transmitted the award letter announcing a $15 Million allocation to the Monroe County VHBP. On March 13, 2020, DEO transmitted the Sub-applicant Agreement for execution by the BOCC. This program does not require a local match. The purpose of the CDBG-DR Voluntary Home Buyout Program is to acquire properties that are in high-risk 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. Program Parameters detailed in the DEO State Action Plan are as follows: Packet Pg. 1499 D.9 State of Fibrida Action faf frirDisaster Recovery y Or Untary Ho-� PLIYO t Program Reducing the risk of flooding in residential areas is a priorit•ya for the State of Florida.The Florida Division of Emergency Management(FDEM) has recommended that all counties focus on acquisition of properties,without flood insurance in Special Flood Hazard Areas. Recognizing this great need,DED will create a voluntary home buyout program to encourage risk reduction through the acquisition of residential property in high flood risk areas. DEC wd]hire a contracted team to work with counties vaho are interested in pursuing the buyout projects to support and provide:: ■ Appraisals ■ Title and legal services • Homeowner counseling services ■ Environmental review,and ■ Related buyout processes. Counties that are interested in partilcipatingwill have two potential funding options for pursuing home buyout. The first option is to leverage DDeB+ -DR funding as match for projects that are also eligible for the Hazard Mitigation Grant Prograrn(HMGP)•n The second option is to work directly with DaEO on projects located in low- and moderate-income areas to buyout residential areas in support of permanent open space supporting green infrastructure or other flaadplain management systems. DEC will prioritize home buyout projects that focus on the acquisition of concentrations of residential areas that meet lobs and moderate income area requirements.The CD3G DR.driven buyout program will be required to meet a low-moderate area (L VIA)benefit for funding so that DEC meets or exceeds its overall law-and moderate income support requirements.. Cities and counties that are interested in this program will work with the DED contracted team to determine feasibility of the project.Once a project is determined feasible'.,it will be eligible for funding in this program.. Local governments are encouraged to leverage snatching funds udder this programs and will also be eligible to include homeowner incenti;vesto encourage relocation.. Additional criteria for the both homeowner buyout program options,including a process reap for coordination wilth the Florida Division of Emergency Management will be detailed in Horne Buyout Program guidance to be released after the approval of this action plan..DED will manage subrecipient agreements directly with eligible local governments and coordinate with our partners.at FDEM on project application eval uction,required environmental and cultural resource reviews and program implementation,where applicable. For all propert¢es acquired by subrec:ipientsthrough the Voluntary Horne Buyout Program, a restrictive covenant, un perpetuity(i.e.runniing with the land),prohibiting all future redevelopment of the site must be recorded upon closing of the transaction. New development would be on an alternative site that is less at risk of flooding and would be built to building code,elevation standards,and meet requirements of CDBD-DER. Properties that have received rehab or repairs through the Housing Repair Program will not be eligible for assistance under the Voluntaryr Home Buyout Program However,on a case-by-case basis, housing units that have been demolished through the voluntary Horne Buyout Program may be eligible for new construction/replacernent,in an area other than the buyout zone,through the Hone Repair Program at DEO's discretion-No specific site or property needs to be acquired,although DED may limit its search for alternative sites to a general geogra phic area.'adhere DED wishes to purchase mare than one site balthin a general geographic area can this basis,all owners are to be treated.similarly..The property to be acquired is not part of an Packet Pg. 1500 D.9 intended,planned,or designated project area where all or substantially ail of the property within the area is to be ac mired within specific time limits..DEO will not acquire the property if negotiations fail to result in an amicable agreerr,ent,and the owner is so informed in writing. DEC will inform the owner in writing of what it believes to be the market value of the property.. Florida Licensed Real Estate.Appraisers will be used to value property in the buyout prograrr. DEG ;will offer the horreownerthe Value of the home as appraised prior to the storm_Additionally, DEO will establish policies on resettlement incentives.DEC's poNicies will ensure that its resettlement incentives comply with applicable Civil Rights and Affirimati rely Furthering Fair Housing requirements and that there is no disc riiiination against a protected c:lass., Allocation for Activity: 75,40,7,040 Eligible Applicants: Counties and municipalities within those counties that received a declaration of both FEMA IA and RA after Hurricane Irma. Eligibility Criteria: Buyout areas that result in a feasible project that will rreet a LIMA benefit. F+.r1axiirnui¢n A,.vard:$5,40,0,000 Responsible Entity for Administering. Units of General Local government(UGLC)' Eligibiliity; 145(a)yI),83 FR 5844-55 Housing incentives in disaster-affected communities National objective: Low-and moderate-income benefit Proposed buyout areas will undergo a review of eligibility to ensure that the end use of the properties results in a project service area where at least 51 percent of the residents.are L,%I,I.. Creative compatible reuse of the property DEO will create guidance and best practices for communities to consider on how property that is acquired through this pregrarn can be utilized for public benefit,that meet HUD requirements for permanent green space.This may include creative stormwater design, park space and other examples. Communities that participate in this program will be encouraged to have a plan for hobs this property will be used in the future to further reduce flood.risk and/or serge as a recreational space for the public.. Monroe County currently has a list of 62 homeowners who may be interested in participating in Phase I of the Voluntary Home Buyout Program. With an average project cost of$390,000 per unit, Monroe County anticipates purchasing approximately forty (40) homes. HUD requirements mandate the use of competitively bid environmental and historical review services in advance of any home purchase by the County through the Voluntary Home Buyout Program. We request approval to solicit these services through a competitively solicited Request for Proposal in compliance with federal procurement requirements. At an average cost of $4000.00 per property, we anticipate the total cost of environmental and Historical review services not to exceed $160,000. All costs associated with environmental and historical review services are eligible for CDBG-DR Voluntary Home Buyout Program funding. There should be no additional or matching costs to the County. The RFPs attached to this agenda item are in draft form. Minor edits and changes may be made to the RFPs as needed 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: Packet Pg. 1501 D.9 NA STAFF RECOMMENDATION: APPROVE DOCUMENTATION: Application for CDBG-DR VHB Program FAQs for CDBG-DR VHB Program Guidelines for CDBG-DR VHB Program Maps Voluntary_Home_Buyout 7-9-19 with LMI Notice of Intent to Award Letter Monroe County I0092 Monroe_County_BOCC_VHB_Subrecipient Final Draft VHBP RFP Environmental-Historical Services May 2020 FINANCIAL IMPACT: Effective Date: Upon CDBG-DR VHBP funding approval by DEO Expiration Date: 24 months after sub applicant agreement execution Total Dollar Value of Contract: Not to exceed$160,000. Total Cost to County: 0 Current Year Portion: NA Budgeted: No Source of Funds: CDBG-DR VHBP grant funding CPI: 0 Indirect Costs: 0 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NA If yes, amount: Grant: $15 Million for Voluntary Home Buyout Program County Match: $ 0 Insurance Required: 0 Additional Details: REVIEWED BY: Helene Wetherington Completed 04/28/2020 10:51 AM Assistant County Administrator Christine Hurley Completed 05/03/2020 1:14 PM Christine Limbert Completed 05/04/2020 7:22 PM Purchasing Completed 05/04/2020 7:25 PM Budget and Finance Completed 05/05/2020 7:32 AM Maria Slavik Completed 05/05/2020 8:08 AM Kathy Peters Completed 05/05/2020 8:30 AM Packet Pg. 1502 D.9 Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 1503 D.9.a lob This application is to be used by Units of General Local Government to apply to the Flor Department of Economic Opportunity to receive funding as a subrecipient. C 0 CL A APPLICANT NAME 0 CL COUNTY COG/Regional Planning Commission , DR-4332 - 2017 r- Disaster Declaration Number and Year Packet Pg. 1504 D.9.a LOCAL GOVERNMENT INFORMATION' Local Government Applicant: Eligible � County: Local Contact: DUNS#: Title: E-mail: Q � Mailing Street Address: Phone y Number City: State: Zip Code: Executive Official with Phone Authority to Sign Application: Number Title: E-mail: us Executive Official Address (if different): cB City: State: Zip Code: Please list any other UGLG members of this Application Contact Person: Email Address: Team,if any: 0 CIL Please confirm you submitted a signed resolution authorizing Executive Official to sign application and certifications. Yes: ❑ No: APPLICATION PREPARER INFORMATION y Application Preparation y Agency or Firm: Contact: Address: Phone Number: Email: Check Type of Agency Private Firm: El Government Agency: El 0 Preparing Application: CIL Regional Planning Council: El Other,specify: APPLICATION INFORMATION Total CDBG-DR Funding Requested: U 0 Listjurisdictions for proposed recovery activities (municipalities,Tribalgovernments,unincorporated areas): Please confirm the local government covered by the National Flood Yes: No: Insurance Program? ;. El Please confirm the proposed activities are consistent with the local Yes: No: comprehensive plan? Packet Pg. 1505 D.9.a APPLICATION FOR FEDERAL ASSISTANCE SF-424 Each applicant for Community Development Block Grant Disaster Recovery(CDBG-DR)funding must certify by signing Form SF-424 that local certifications included in the application guide governing this funding have been followed in the preparation of any CDBG-DR progr application,and,if funded,will continue to be followed. (Note:False certification can result in legal action against the jurisdiction). W 0 "Warning:Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 L y 287, 1001 and 31 U.S.C. 3729." Further,by signing the SF-424 and submitting with the application,the signee authorizes the state or any of its duly authorized representati to verify the information contained therein.Title 18,Section 1001 of the U.S.code states that a person is guilty of a FELONY for knowingly� .2 willingly making false statements to any department of the United States Government. All �..ipplic:.Aions rmust be �..ic ornpp..iried by �..i completed �..ind signed Applic:.Aion for Feder<.fl AssisUm<.e F-424, OMB Nt.Arrrber: 4040-00 -2 INTRODUCTION AND INSTRUCTIONS'' INTRODUCTION: This application is for the Rebuild Florida Voluntary Home Buyout Program. It is to be used by Units of General Lc76 Government (UGLGs) to apply as a subrecipient for funding of Hurricane Irma damaged residential home buyouts in the UGLG's Ie community.This program is administered by the Florida Department of Economic Opportunity (DEO) and funded by the U.S. Department Housing and Urban Development(HUD) Community Development Block Grant-Disaster Recovery(CDBG-DR)allocation as described in Pul , Laws 115-56 and 115-123. 0 CDBG-DR funds must be used for disaster-related expenses in the most impacted and distressed areas,for low-moderate-income househo with a focus on those households that did not have flood insurance at the time of Hurricane Irma. CL UGLG applicants are required to provide sufficient detail about the buyout of residential property, national objective,geographic/target a that will receive benefit, estimated costs and materials needed, projected schedule to completion, any potential environmental impact, other details specific to the buyout or activity involved.The application must be completed in its entirety in order to be considered for fundi Applicants are encouraged to develop residential home buyout activities in a manner that considers an integrated approach to housing, housing obligations, economic revitalization, and overall community recovery. Applicants must document how the residential home buy, activities will address long-term recovery and promote community resilience. Applicants are required to comply with the Federal Fair Housing Law (The Fair Housing Amendment 1988) 24 C.F.R. § 570.487(b), and E Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended (URA),42 USC 4601—4655,49 CFR part 24, CD CFR part 42,and 24 CFR 570.606. CL All applicants funded as subrecipients must carry out all activities in a manner that does not result in a prohibited duplication of benefits defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C.5155 et seq.)and descrik in Appropriations Acts.As a funded subrecipient,all successful applicants must comply with HUD's requirements for duplication of benef imposed by the Stafford Act, applicable Federal Register Notice(s), HUD's duplication of benefit guidance, and DEO's duplication of bene policies and procedures. The Subrecipient shall also develop and implement duplication of benefit policies and procedures consistent w these regulatory and guidance sources. DEO will monitor each subrecipient for compliance with duplication of benefits rules, regulatic guidance, policies and procedures,as well as compliance with all other federally required cross-cutting regulations. C c INSTRUCTIONS: 1. Complete and sign the SF-424 as indicated above. 2. Complete this Voluntary Home Buyout application. 3. AUDIT: If applicable, provide the most recent Single Audit in accordance with 2 CFR Part 200, Uniform Administration Requirements, C Principles,and Audit Requirements for Federal Awards. Rebuild Florida staff will review single audit requirements for applicable subrecipiet who have open contracts with DEO. 4. ANNUAL FINANCIAL STATEMENTS: Provide the most recent financial statement prepared in accordance with 2 CFR 200.510. Includ schedule of expenditures and schedule of findings and questioned costs. 5. KEY STAFF: Provide the names and contact information for staff that will provide local oversight of the application,the potential contri Packet Pg. 1506 and all applicable requirements. 6. Provide LOCAL PROCUREMENT POLICIES AND PROCEDURES along with other required documentation. For detailed instructions on completing the application,see page 14 of this application. 0 CITIZEN PARTICIPATION DETERMINED THE NEEDS IN THIS PLAN BY: v Did the applicant carry out citizen participation procedures in accordance with the Citizen Participation Plan as required by the govern documentation? Refer to your governing Federal Register and the Voluntary Home Buyout Program Designs for specific information �+ regarding Citizen Participation Plans. Yes ❑ No ❑ Detail where citizens of the target area,with low to moderate income were given opportunities to participate in the determination proc 3 )nce the applicant click: on the 'Opportunity' box,everAs -nay he added by clicking the "+" button located to the ri 'lit .2 c T) Opportunity: Date: Click or tap to enter a date. C Date of resolution authorizing application submission: Click or 1..a p l:o enter a date E 0 COMMUNITY NEEDS ASSESSMENTCL y DESCRIPTION OF THE NEED(S)ADDRESSED IN THIS APPLICATION 0 In this section, provide full and complete answers to each of the questions below. Descriptions should include the cause of the dama ur- current condition of the activity, and a detailed description of the project that coincides with the information contained in both Table y and 2. A The Buyout oractivity must demonstrate impacts from Hurricane Irma.CDBG-DR funds must be used to buyout residential areas in supr > of permanent open space supporting green infrastructure or other floodplain management systems. E 0. 0. The situation addressed in this application first occurred: Click or tap to enter a date. 1. Please describe the impact from Hurricane Irma and any subsequent flooding or storm related conditions that continue to exacerbate the flood prone areas (include date and duration),the areas(example:subdivisions, cities, etc.) receiving disaster-relates c damage,and the threat that was posed to public health and safety: CL CJ 0 2. Describe the impacts to the community(especially overtime): c 3. Describe the proposed project. 4 Packet Pg. 1507 D.9.a 0 Ch 4. Describe how the proposed activities will address damage affected by Hurricane Irma and a benefit to LMI if applicable. W 5. Describe the impact of not taking action. .� 0 6. List and attach materials submitted as documentation of the Hurricane Irma related condition: C 2 0 CL AFFIRMATIVELY FURTHERING FAIR HOUSING 0 W Any locality receiving CDBG-DR funds must certify that it will affirmatively further fair housing as stated on page 3 uni "Introductions and Instructions" of this application. Using the drop-down box below, identify the activities already achieved affirmatively further fair housing, and those new activities to be undertaken if an award is made from CDBG-DR and when tl y activity will be complete. Localities should be aware that, in the event of funding, these fair housing efforts will be monitor Other activities may be eligible, and the applicant should contact Rebuild Florida to determine eligibility. What methods and criteria were used to prioritize the projects in the application, including affirmatively furthering fair housir 0 CL Cal Activity(ies) Cal Click within the area and add events t by clickingthe " button located to the riirt 0 Choose an itenn. Date Achieved Click or tap to enter a date. To be complete by Click or tap to enter a date. LIST OF UNMET NEEDS Taking into consideration the disaster-related damage described,citizen participation responses,and the assessment of housing a 4' affirmatively furthering fair housing, provide a list(in priority order)of all the disaster-related needs still unmet from Hurricane Irm Packet Pg. 1508 7table :,,lick within the area and add everts by clickin the "+" button located to the right Enter any content that you want to repeat, Irol� dirqtn other content controls.You can also inner This control around in order to repeat parts of a table. 0 4- LONG-TERM PLANNING Applicants must develop their community recovery projects in a manner that considers an integrated approach to housing, 1 y housing obligations, infrastructure, economic revitalization, and overall community recovery. Long-term planning proces should also be considered. Disaster recovery presents communities with unique opportunities to examine a wide range of isst 3 including (1) housing quality and availability, (2) road and rail networks, (3) environmental issues, (4) the adequacy of exist infrastructure, (5) opportunities for the modernization of public facilities and the built environment, (6) the development ru regional and integrated systems, and (7)the stimulation of the local economy impacted by the disaster. Applicants must provide a brief description of how the project addressed in this application forms part of an integrated approi to recovery or long-term planning efforts in the community. Describe the applicant's overall recovery plan and how the project addressed in this application furthers that plan. Inclui E information about how the project will specifically address the long-term recovery and restoration of housing in the me impacted and distressed areas. Include how the community will be more resilient against future disasters as a result of the projects. 0 CL 2 2 PROCUREMENT INFORMATION CL CIO All applicants are required to follow the procurement guidelines set forth in 2 CFR §200.318-§200.326 for grant administratioi environmental, and engineering services if using CDBG-DR funds to pay third-party vendors for thoseservices. Along with this application, applicants must provide a copy of local procurement policies and procedures. Further, the applicar CIO must provide copies of any procurement solicitations, bids, awards and contracts during DEO monitoring visits. 0 Yes N 1. Has the applicant chosen to use a third-party administrator to administer the proposed project? ❑ Yes N If Yes, will the vendor also provide environmental services? ❑ ❑ If Yes to either question, and the vendor has been procured, provide the vendor's name, phone, and email. If Yes, but the vendor has not been procured, adhere to 2 CFR §200.318-§200.326 regulations in the procurement process. Packet Pg. 1509 D.9.a Company Name Contact Name Phone Email 2 T) C 2 0 CL w u A w 2 CD CL CJ u Packet Pg. 1510 2. Has the applicant procured any other services? If Yes,and the vendor has been procured, provide the vendor's name, phone,and email. If Yes, but the vendor has not been procured,adhere to 2 CFR §200.318-§200.326 regulations in the procurement process. W 0 Type of Service 4- Company Name Contact Name Phone Email 0 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION ACT(URA) y a.Does the project require relocation a s s i sta n c e or any other activity requiring compliance with the URA? Yes, No or N/A ❑ ❑ ❑ b. Will the assistance requested cause the displacement of families, individuals,farms,orbusinesses? Yes or No r- c 0 If yes, y explain CL 0 Should any proposed projects cause the displacement of people, Rebuild Florida will work with the Subrecipient to follow the requirement set forth under the Uniform Relocation Assistance and Real Property Acquisition Policies Act,and applicable waivers. 2 0 0 L. CL CJ Packet Pg. 1511 PROJECT SUMMARY The Project Summary consists of three parts for each target area, Disaster Risk Reduction Area designation,and/or activity: (1) summarize problem(s),(2) location and buyout description,and (3)detailed actions to address problems. W 1.Summarize the problem(s)to be addressed within the application by target area. 0 2. Identify the project title and location of each activity and all buyouts. Provide a map identifying the project location. W NOTE: For the title, the spelling and capitalization of the project titles/locations identified in this application must be consistently u! throughout to ensure clear identification of each project. For example, a project title of "Big Grounds, Site 3" here should appear as " 0 Grounds, Site 3" at every other reference in this application. An inconsistent reference such as "big grounds subdivision" or V3 Big Stre ,L) elsewhere in the application could cause delays in the eligibility review process Project Title: r- 2 Location: What is the end use of 0 the property: CL Incentives or Additional 0 activities 3. Identify the action(s)to resolve the problem(s)and their anticipated outcomes. Include specific materials and quantities. y 0 4. If you are leveraging funds, provide the source of the funds,the funding amount,and a description of its use. L. CD L. CL NATIONAL OBJECTIVES National Objective being met: 0 ❑ 1.Activities benefiting low-and moderate-income persons. 0 ❑ LMHI (Housing Incentive ❑ LMB Household Buyout) ❑LMH Area Benefit ❑2. Prevention/Elimination of Slums or Blight. ❑ Area Basis ❑Spot Basis Yes No Has the proposed project area been officially designated as a slum or blighted area? ❑ ❑ If yes,what conditions are present in the area to designate and qualify the area as a slum or blighted area? Packet Pg. 1512 Describe the boundaries of the slum or blighted area. (Do not use this field to document the Census Tract/Block Group data.) D.9.ai__ 0 Ch Enter the percentage of deteriorated buildings/properties in the area at the time it was designated a slum or W blighted area (enter value as decimal). If the activity qualifies for CDBG-DR assistance on the basis that public improvements throughout the area are in a general state of > deterioration,enter a description of each type of improvement in the area and its condition at the time the area was designated as slum/blight. ru .2 0 Enter the year the area was designated as a slum/blighted area. ❑ 3. Urgent Need Yes I Do the existing conditions pose a serious and immediate threat to the health or welfare of the community? ❑ Yes I Is the applicant able to finance the project on their own?Or are other sources of funding available? ❑ CL Provide justification of the beneficiary identification method used to meet the National Objective: 0 A 0 0. 0. 0 L. CL CJ 0 C c Packet Pg. 1513 PUB l 4 Oua Oaln JOI 10 a3uenssl nOa ) ua a Oa A JOI Old all :4u9wgoe44 .� R i of -C of L— f O a c d � a a a c� Z U N O (0 C O (0 C C (0 vi N L � T— U V- - (uu C O Q M M O C +� E U t (u O O o on (u � (uO (0 E i (u (u co -a O N C vi C a aj `n 0 Q X o u C) C) Q T � w .y N * H C D V i N L C ... vi L,L O L u o Z (u o w •3 � O O l7 O (o — >- (u o c L O CC Y � (u N � a••i G C V ( U J L Q U � � O W L Q p vi Z O (ua' C W -C C o m 4- O u ° 0 O U L O H O O IJ.I m S + O (3 N c-1 a (uL- m Q L (u (u - (u Q 0 on i L+ a .a., N } m H j l7 cr- o €= €= (uC Q m 4- N > vi O U C 4J a0-� LL c N N L v m N U z Q m 'T- 0 0 v° V N a-. Q Q 0 Q C E N (uz TI (uLJ O NOS Q ui N N H _ O W L.� IInnV > u Q O iJ -C N H U co a +J cr- co PUB IB4UOWUOJIAu3 a®I 10 a3uenssl n®add ) LUBJ6OJd 13HA a I b all :4u9ua o 44 LO R i of o � a m ' bo � m 0 c a x w Z 0 0 m W_ C) CL Cam: CamLL p L it it CL Z C) C CS N Js m M Q � 0 c 0 F F 2L 1.1,3 ........ ........ o c c PZ ea ea c 0 co E 0 c 0 0 � a L � U U � T Q Q 0 :p U N +� _- N O O d d m m PUB l 4UOWUOJIn JOI 10 a3uenssl GAOjddV) ua a Qa A JOI oge3ij :4u9wgoe44 R i O! N a. m Lr N Q� N N (L fl_ N E 0 u N N 0CN — Q O U N U C N Q 0) � N � m f0 E N a-+ W t�-+ Mci U L N +' C u M — N l0 N tlA > C Ln m ._ N -0 N � — tlA u ° +Ln Q Q N - f0 E M > ci Q Lu 0 Q Q J N u N '— N ci N y � N 3 L C C M 0 C ` O a a- Uvi J 0w u—' "_ 0 � CL 0) o �; ° -C 0 m 00 4. 0 }, O ) C: O E +� Q �t 0 fl_ N 0 M C to Co0 o U_ L U N O N (uC a L U fl_ cu rn U C L U N U N Ln i N Co 0 t N Ln Q t 0 L � C 3 0 0 cr E 'a O 7 U 4� X u U U tL to bD c c 0 o o a o cn > v u o c ai a° E � ° O N N o V) �, co � c c � '� No Q — c c 2 o E 0 ° v ,L Q v O 0 v Q u w — C: n — _ c -a lut N s O O Q v Q �2 v 2i = v L a m m — h0 u 0 0 0 m cr om Q l7 Q c �°' o t +� O O U x a z D.9.a LOCAL CERTIFICATIONS Every application must be signed by the authorized signatory. By signing this application, the signee authorizes the state or of its duly authorized representatives to verify the information contained herein. It should be noted that 18 USC § 1001 sta that any person who (1) knowingly or willfully falsifies, conceals, or covers up by any trick, scheme, or device of material fact, makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing 2 document knowing the same to contain any materially false fact, fictitious, or fraudulent statement is a federal offense a y punishable under the law. Title 18, Section 1001 of the U.S. code states that a person is guilty of a FELONY for knowingly a m willingly making false statements to any department of the United States Government. Each application for CDBG Disaster Recovery funding must also be accompanied by a completed and signed Application for Fede T Assistance Standard Form 424 (SF-424). Each applicant must comply with the provisions of the National Environmental Policy Act (NEPA), the Council on Environmer Quality (CEQ) regulations, the requirements set forth in title 24 of the Code of Federal Regulations (CFR) part 58, and applica 0 DEO-Rebuild Florida policy directives. All applicable federal and state laws, including environmental, labor (Davis-Bacc .� procurement procedures and contract requirements of 2 CFR 200.318 -200.326, and civil rights requirements apply to the use 0 these funds. Each applicant certifies, in compliance with the requirements presented in Volume 81, Number 224 of the Fede y CL Register effective February 9, 2018,that: 0 a. It has in effect and is following a residential anti-displacement and relocation assistance plan in connection with any activit assisted with funding under the CDBG-DR program; M b. It follows and is compliant with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if requi by part 87; 2 c. It will comply with the acquisition and relocation requirements of the Uniform Act (URA), as amended, and implementing 0. regulations at 49 CFR part 24, except where waivers or alternative requirements are provided in the Federal Register < notice. d. It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135. 0 • It is following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105 Public CL Participation Plan as it pertains to local government administration of CDBG-DR funds. or 91.115 Public Participat Plan as it pertains to State administration of CDBG-DR funds., as applicable (except as provided for in notices providing waivers and alternative requirements for this grant). Also, each Unit of General Local Government (UGI receiving assistance from a state rantee must follow a detailed citizen participation plan that satisfies the a, requirements of 24 CFR 570.486 except as provided for in notices providing waivers and alternative requirement for this grant). It is the responsibi ity of the UGLG receiving assistance to develop and implement a compliant citi; participation plan. • Funds will be used solely for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas for which the President declared a ma or disaster in 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency o ' Assistance Act of 1974 (�42 U.S.C. 5121 etseq.) related to the consequences of Hurricane Irma. • The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.(- ' 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations, and that it will affirmative further fair housing. a. It has adopted the following policies: i. A policy prohibiting the use of excessive force bylaw enforcement agencies within its jurisdiction against any Packet Pg. 1517 D.9.a individuals engaged in non-violent civil rights demonstrations; and ii. A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or locatioi that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 0 Date Printed Name Title Email o Phone Number Authorized Signature m C 2 0 CL M 2 0 L. CL 0 Packet Pg. 1518 D.9.b .Voluntary Home Buyout Program QuestionsFrequently Asked Florid Q. What entities are eligible to apply for funding from the Rebuild Florida Voluntary Home Buyout 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 Irma are eligible to apply for assistance for non-commercial properties. City and county y governments that are within the federal and state designated Most Impacted and Distressed (MID) 2 areas are shown here and below. 76 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, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union and Volusia. r_ 2 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 CL directly to the LMI Area Benefit and/or LMI Household. For either option, the property must be identified in the application. Q. If specific properties are identified, do the owners need to provide commitment to sell before the y application is submitted to DEO? 2 0. 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. 0 Q. What activities are eligible for funding in the Program: CL ca 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 N 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. Packet Pg. 1519 Re • Demolition and removal of property. • Fees paid for environmental review services. • Relocation costs associated with displaced tenants under the Uniform Relocation Act. CO 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? A. Applications can be submitted from July 16, 2019, through August 15, 2019. Q. What are the criteria for the property to qualify for the Program? A. Each property must meet the following qualifications listed below: .2 • 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. • 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. 2 • 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). CL • The property will not be subdivided prior to the buyout, except for portions outside the 0 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 y 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 Benefit Program, at least 51% of the households in that area must meet the low and moderate median income of that area, as defined b HUD. When applying for the LMI Household Program, all e Y gCL households must meet the LMI median income of that area. CO Q. How will it be determined which applications are awarded funding? CO A. All applications will be scored using the scoring methodology outlined in the Program guidebook. 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; Packet Pg. 1520 Re Fo • 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; ca • Cost reasonableness and effectiveness; • 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 y to provide the following: • 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; .2 • Applicants who have outstanding judgments or lawsuits that would prevent the issuance of a clear title on the property. CL 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 e Buyouts, the property must be maintained in perpetuity for open space, recreation, wetland or flood control and limited structures may be erected. y A Q. Is a property appraisal required? 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 ca 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. ca 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 Packet Pg. 1521 Re 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. Q. How can Duplication of Benefits be prevented? A. Property flood claim damage payments can be verified by the National Flood Insurance Program 0) and a thorough review of the applicant's information will be conducted and evaluated. Q. Is an environmental review necessary? 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 An 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 0 to specifically and clearly document storm related property damage via photographic evidence and detailed narratives. 0 Q. If a homeowner has negative equity on their mortgage, can they still participate in the Program? CL 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. e 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 A 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. 0 CL Q. Are residential rental properties eligible? 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? Packet Pg. 1522 Re Fo 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 $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 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 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. .22 0 Q. How do you submit an application for the Voluntary Home Buyout Program? y CL A. Rebuild Florida prefers electronic submissions, but mailed applications are also acceptable. 0 Submit applications electronically to RebuildFlorida(@deo.Myflorida.com with "Voluntary Home Buyout Program Application" as the subject line: A Submit applications via mail to: > Florida Department of Economic Opportunity Office of Disaster Recovery < Attention:Joshua Bradt The Caldwell Building 0 107 East Madison Street, MSC-400 CL ca Tallahassee, FL 32399 ca N Packet Pg. 1523 D.9.c 0 U c Pe Florid )r AMEL 00;00 0 - c Program Guidelines 2 0 CL Packet Pg. 1524 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid Table of Contents Introduction 1 Definitions................................................................................................................................................1 Application and Administration of the Buyout.....................................................................................2 NationalObjectives .................................................................................................................................2 76 How to meet the National Objective 2 2 Locations..................................................................................................................................................3 An PrioritizingProjects.................................................................................................................................3 PropertyValuation .........................................................................................................................................4 Appraisals ................................................................................................................................................4 r- Titleand Legal Services..........................................................................................................................4 EnvironmentalReviews..........................................................................................................................5 Eligible Property Types and Requirements.................................................................................................5 CL ProjectEligibility............................................................................................................................................5 Eligible (Allowable) Cost.........................................................................................................................6 Ineligible(Not Allowable) Cost...............................................................................................................6 0 AwardDetermination.....................................................................................................................................7 �+ A 0) Award Calculation Methodology 7.................................................................................................................. 2 Duplication of Benefits Process 8 Housing Replacement Assistance Determination......................................................................................9 E OpenSpace Restrictions.............................................................................................................................10 CL L. 0 0 Packet Pg. 1525 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid E Introduction 0 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. m 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 W on LMH that did not have flood insurance at the time of Hurricane Irma. CL 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 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 A 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. Definitions '✓ • "CDBG-DR"means Community Development Block Grant-Disaster Recovery. 0 • "100-year flood plain"means the geographical area defined by FEMA as having a one percent CL 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- c, 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. a, • "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 E by each subrecipient, after the disaster. 1 Packet Pg. 1526 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid • "Eligible receipts"means proof of payment for items that are strictly for rebuilding the disaster-affected structure. Receipts must consist of permanent fixtures only, such as wood panels, drywall, paint, carpet, etc. Ch • "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. y • "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 Voluntary Home Buyout Program. c • "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 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). 0 Application i i t ti the Buyout A city or county must apply for the CDBG-DR Voluntary Home Buyout Program offered in their community. c At the time of the application, the subrecipient identifies properties that would qualify for the program. A 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 �+ 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 the subrecipient. Once the local level of government approves an individual property owner's application E 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 owner cannot be eligible for buyout assistance if the property owner has received CDBG-DR funding to CL 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 y 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 2 Packet Pg. 1527 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid When undertaking buyout activities and to demonstrate that a buyout meets the LMH National Objective, and according to the State CDBG regulations at 24 CFR 570.483(b)(3), entitlement CDBG regulations at 24 CFR 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. y 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: 76 • 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 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. 0 Locations 0 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 CL of funding and administer a local Voluntary Home Buyout Program. 0 Prioritizing All local governments that apply will prioritize all home buyouts by focusing on acquisition of properties that y 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: CL 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. v, 2. Low- and moderate-income households that did not have flood insurance at the time of the disaster: E 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. 3 Packet Pg. 1528 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid B. Matching: A maximum of 15 points will be awarded based on the ratio of the amount of eligible matching funds to the amount of CDBG funds request: 1.1 or more, 15 points; 0.75- 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. 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 76 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; 2 • Environmental reviews; • Demolition of the property; and • Other related buyout processes. CL Appraisals The property value, either current or pre-event depending upon ownership status at the time of Hurricane y Irma, must be derived from a method that results in a reasonable determination of FMV. The appraisal v, 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 W 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 c 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. 4 Packet Pg. 1529 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid • A physical site inspection for each property verifying the property has no physical encumbrances, which may require a site survey to clearly establish property boundaries. • 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. y • The subrecipient must record the deed at the same time as and along with the programmatic deed > restrictions. 76 • The deed transferring title to the property and the programmatic deed restrictions will be recorded 2 according to State law and within 14 days after settlement. c� Environmental i 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 Cn phase and has been confirmed to be eligible for assistance. 0. 0 Eligible Property T ypes and Requirements The eligible property types are non-commercial properties, which may include owner-occupied structures, y residential rental properties, or vacant lots. To be considered an eligible property for the buyout program, A the property must satisfy at least one of the following requirements: 0 • 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 E requirements: 0 The property is substantially damaged (51% or more of the pre-event fair market value of CL the structure is damaged); or The property is considered a health/safety risk;or The property is located within a floodway. ' Project Eligibility 0 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 5 Packet Pg. 1530 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid 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 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). • The property will not be subdivided prior to the buyout, except for portions outside the identified y 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 Program. c c� 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 `5 (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. 4- • Fees for necessary appraisal costs, title search, title insurance, property inspection, and survey if v, CL applicable. • Demolition and removal of property. • Fees paid for environmental review services. • Relocation costs associated with displaced tenants under the Uniform Relocation Act. y A The following costs of demolition activities at the vacated site are generally allowable if necessary: 2 • Removal of demolition debris to an approved landfill, which includes debris from the demolition of houses, garages, driveways, sidewalks, and above-grade concrete slabs. W • Asbestos abatement. E • Removal of septic tanks. If not removed, the floors and walls of the tank must be cracked or c crumbled so the tank will not hold water and then be filled with sand or other type of clean fill. CL ca • 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. • Grading, leveling, and site stabilization of all demolition sites. Ineligib Costs that are not allowable under this Voluntary Home Buyout Program include, but are not limited to: 0 6 Packet Pg. 1531 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid • 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 development rights (e.g., obtaining an open space easement) may be an allowable cost. Ch • The cleanup or remediation of contaminated properties, except for permitted disposal of 0) 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 76 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). • 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: 0 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. 4- 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 CL 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 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. y 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 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 E 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 by the trustee, documentation must be provided to demonstrate that the property is still CL ca 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 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: 0 7 Packet Pg. 1532 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid • Hazard Mitigation Grant Program (HMGP): Subrecipients may use CDBG-DR funds as the required matching funds for residential properties that will be purchased through the local 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 v, 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 m FVM of the land and structure. • Housing Replacement Assistance: Subrecipients may offer incentives to low-to moderate-income 76 qualified applicants as part of the buyout program design. This is a program to retain an area's .2 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 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. 0 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. 0 Duplication of Benefits Process Costs that duplicate amounts received by or available to the property owner or affected tenant from y 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 c reasonably available (even if not sought or received)from other sources to address the same purpose or CL loss. DEO, subrecipients, and project participants, including property owners and tenants, must take 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. 0 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. E 8 Packet Pg. 1533 D.9.c Pe Voluntary Home Buyout Program Guidelines Florid For property valuations based on pre-disaster FMV, the following procedures assist in preventing grant funds from duplicating benefits available from other sources: • 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 0) closing. • The subrecipient shall identify any other potential sources of benefits to the property owner, or y 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 National Flood Insurance Program (NFIP) coverage information, including the amount paid on a claim and the amount of coverage available. c� • 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 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. • The subrecipient shall coordinate with tenants who shall disclose any amounts received from rental or relocation assistance. 0 4- Housing Replacement Assistance Determination 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. A 2 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 CL The following requirements must be met to qualify for housing replacement assistance: • 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. c If income qualified, the housing replacement assistance would be a maximum of$25,000. However, the E 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. 1534 D.9.c 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 required to relocate due to the disaster. 0 If a rental home is purchased through the Voluntary Home Buyout Program and houses tenants that will be v 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 y URA are provided in a timely manner. Open Space Restrictions 76 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. c Construction of new structures is only allowed where: CL • A public building is open on all sides and functionally related to a designated open space or recreational use. 0 • The structure is a public restroom. • The structure is compatible with open-space, recreational, or wetlands management usage and y floodplain management policies and practices and has DEO and FEMA approval in writing before the construction of the structure begins. 2 • 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. E • 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 CL such amounts. • 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 and/or easement. 10 Packet Pg. 1535 D.9.e Ron DeSantis Ken Lawson GOVERNOR 4) t/LLf TiVE DMECT t ECONOMICFLORIDA NTef . NI � November 26, 2019 Helene Wetherington U Monroe County o T) 2798 Overseas Highway Marathon, FL 33050 RE: Notice of Intent to Award - Irma Dear Ms.Wetherington: 2 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 (n CL the competitive application process. We appreciate your staff welcoming us to your community to conduct the risk assessment site visit. Please see below for specific information regarding your community's CDBG- DR selection: Project Name: Voluntary Home Buyout Award Amount: Up to$15,000,000.00 y N 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 Bradt, Disaster Recovery Program Manager,at 850-717-8436 or email Joshua.Bradt@deo.myflorida.com. o �Siqe6rely i Regir Id Dixon, DireC-0 ry Offic of Disaster Recovery o 0 cc: Andrew Janecek,Chief of Business Operations Joshua Bradt, Program Manager 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 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. 1536 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 State of Florida Department of Economic Opportunity Federally-Funded y 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 `5 to as the "Subrecipient" (each individually a"Party"and collectively"the Parties'. c THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: y a. 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 0 referred to as the"Appropriation Acts',and the"Allocations,Common Application,Waivers,and Alternative U 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 W 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 0. 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(hereinafter referred to as the"Action Plan'. DEO is hereinafter cu referred to from time to time as "Grantee". r_ I 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. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. I CJ 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. NOW THEREFORE,DEO and the Subrecipient agree to the following: I (1) Scope of Work. The Scope of Work for this Agreement includes Attachment A, Scope of Work. With respect to Attachment B,Project Budget Detail, and Attachment C,Activity Work Plan,the Subrecipient shall 0 submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and cv appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and CD contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and absolute discretion. 1 Packet Pg. 1537 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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 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 y not grant any extension of the Agreement unless the Subrecipient provides justification satisfactory to DEO in 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 m 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. CL (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 W 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 y excerpts or transcriptions. A (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 W 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. U_ (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this �I Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for 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 I 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 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 on the transfer of title. I (f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, r_ 0 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. � CD (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate CD bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option W available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. 2 Packet Pg. 1538 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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. > (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and W consultants to be paid from funds provided under this Agreement, shall allow access to its records at ru 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 y Accountability or representatives of the Federal government or their duly authorized representatives. "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 m (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. LU (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 CL timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill U_ this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the W Subrecipient. (c) In addition to the submission requirements listed in Attachment J titled "Audit Requirements", y the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this A 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. W (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 �I must include the status and progress of the Subrecipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement. Upon request by 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 I (12) Remedies or otherwise allowable by law. I (8) Inspections and Monitoring (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 necessary to ensure that the subaward is used for authorized purposes in compliance with Federal statutes, t�I regulations and the terms and conditions of this agreement. (c) This review must include: (1) reviewing financial and performance reports required by DEO, (2) r_ 0 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- a) CD 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 C.F.R. §200.521. (d) Corrective Actions: ai 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 3 Packet Pg. 1539 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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 > deficiencies or other findings of noncompliance with this Agreement, DEO may impose additional W conditions on the use of the CDBG-DR funds to ensure future compliance or provide training and ru technical assistance as needed to correct noncompliance. 0 (9) Duplication of Benefits. The Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of 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. C Subrecipient shall sign a Subrogation Agreement (See Attachment XI). LU (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 otherCL 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, W 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 y construed as consent by the Subrecipient to be sued by third parties in any matter arising out of any y agreement,contract or subcontract. > (c) If the Subrecipient is a state agency or subdivision, as defined in Section 768.28, F.S., then the 0 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 W 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 arising out of any agreement, contract or subcontract. �I (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the 03 Subrecipient. (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 CJ Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect, or if 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 t�I during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30) 0 calendar days from the date written notice is sent by DEO; C 0 (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; w (d) The Subrecipient fails to perform or timely complete any of its obligations under this Agreement, CD including participating in DSO's Implementation Workshop. m 4 Packet Pg. 1540 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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. (e) Neither Party shall be liable to the other for any delay or failure to perform under this U 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 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 r- 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 LU 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 y days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not CL reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with 0 this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim y for damages, other than an extension of time, shall be asserted against DEO. Subrecipient shall not be y 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 0. acceleration or inefficiency arising because of delay,disruption,interference or hindrance from any cause 0' whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes W 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 ¢,I 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 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. I CJ (12) Remedies. If an Event of Default occurs,DEO shall provide thirty(30) calendar days written notice to 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: (a) Terminate this Agreement upon twenty-four(24)hour written notice by DEO sent in conformity with Paragraph (16) Notice and Contact; c CJ (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; WI c (c) Withhold or suspend payment of all or any part of a request forpayment; (d) Demand that the Subrecipient return to DEO any funds used for ineligible activities or c unallowable costs under this Agreement or any applicable law, rule or regulation governing the w use of the funds; and CD (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; 5 Packet Pg. 1541 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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 `5 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 L 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, r_ 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 r_ LU (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 y CL 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 W manner, usually within fifteen (15) business days as expected by HUD,if practicable, and to provide the right r_ to participate in the process and appeal a decision when there is reason for an applicant to believe its application y was not handled according to program policies.All applications,guidelines and websites will include details on A the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. 0 Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination �-- (b) A program assistance award calculation and ru (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- DRL&deo.mvflorida.com or submit by postal mail to the following address: Attention:Office of Disaster Recovery Florida Department of Economic Opportunity I 107 East Madison Street The Caldwell Building,MSC 160 >I Tallahassee, Florida 32399 U The subrecipient will handle citizen complaints by conducting: �I (a) Investigations as necessary (b) Resolutionor (c) Follow-up actions. t�I 0 If the complainant is not satisfied by the Subrecipient's determination, then the complainant may file a C written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process,the complainant has not been satisfied with the response,a formal complaint may then be addressed directly to the DEO at: CD Department of Economic Opportunity Caldwell Building,MSC-400 107 E Madison Street 6 Packet Pg. 1542 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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 ru complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (1'M or www.hud.gov/fairhousing. y (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 W 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; '5 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 CL 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. W (b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing the Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the y reasons for such termination, the effective date and,in the case of partial termination, the portion to be W 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 0. portion of the award which will not accomplish the purpose for which the award was made. The 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 9 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 m 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 I 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. UI 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. �I (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 use of CDBG-DR funds. I ( Upon expiration or termination of this Agreement, the Subrecipient shall follow the agreement closeout procedures set forth in rule 73C-23.0051 (5),FAC r_ c (g)Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-DR funds (including CDBG-DR funds provided to the subrecipient in the form of a loan) in N w CD excess of$25,000 must either: CD 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein; or W 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- 7 Packet Pg. 1543 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 CDBG-DR funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. > (h)The rights and remedies under this clause are in addition to any other rights or remedies provided by law W or under this Agreement. ru .2 0 (16) Notice and Contact. y (a)All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, 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 LU (850) 717-8436 c (850) 921-3117 j oshua.bradt@deo.myflorida.com CL U_ 0 (c)The name and address of the Local Government Project Contact for this Agreement is: W Helene Wetherington 2798 Overseas Highway y Marathon,FL 33050 y Phone: 305-504-3036 > 2 Fax: Email:Wetherington-helene@monroecounty-fl.gov (d)If different representatives or addresses are designated by either Party after execution of this 9 Agreement, notice of the name, title and address of the new representative will be provided as stated in Paragraph (16) above. (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). t�I CJ The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; c CJ (c) that the contractor is bound by the terms of this Agreement; (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 c arising out of the contractor's performance of work under this Agreement; N ( the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in CD performing its work under this Agreement; (g) the requirements of 2 CFR Appendix 11 to Part 200 — Contract Provision for Non-Federal Entity m Contract Under Federal Awards— (refer to Attachment L) 8 Packet Pg. 1544 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 > provisions addressing bid payment,performance bonds if applicable,and liquidated es.uidated damn P g >P ,' >P PP q g The Subrecipient must ensure all contracts and agreements clearly state the period of performance or date of completion and incorporate performance requirements. y 0 The Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that 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 LU in writing by an authorized DEO official c (19) Attachments. CL (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: W Attachment A—Scope of Work Attachment B —Project Detail Budget (Example) Attachment C—Activity Work Plan (Example) y Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports W Attachment H—Warranties and Representations 76 Attachment I—Audit Requirements Exhibit 1 to Attachment I—Funding Sources �I Attachment J— Audit Compliance Certification Attachment K—SERA Access Authorization Form Attachment L-2 CFR Appendix 11 to Part 200 Attachment M—Subrogation Agreement I (20) Funding/Consideration. (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 U 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. �I (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 t�I by the NFA. By accepting funds made available through an NFA,the Subrecipient agrees to comply with all terms, conditions, assurances,restrictions or other instructions listed in the NFA. 0 (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 � CD which the Subrecipient receives funding from DEC). These written administrative procedures,processes CD and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance and the terms of this Agreement. The Subrecipient agrees to comply with all the terms and m conditions of Attachment D titled "Program and Special Conditions". 9 Packet Pg. 1545 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 (d) The Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with the Scope of Work. (e) The Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form,Attachment L,to this ru Agreement, must approve the submission of each Request for Funds ("RFF'� on behalf of the Subrecipient. y ( Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for 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 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. (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 y from obligations incurred during the Agreement period. A (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 " 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, �I the Subrecipient is not required to repay funds for subgr ant administration unless DEO, in its sole m 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 collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount I of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity r_ Community Development Block Grant Programs Cashier U 107 East Madison Street—MSC 400 Tallahassee, Florida 32399-6508 0 (22) Mandated Conditions. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later CD submission or response to a DEO request or in any submission or response to fulfill the requirements of CD this Agreement. All of said information, representations and materials are incorporated herein by reference. 10 Packet Pg. 1546 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 (b) This Agreement shall be construed under the laws of the State of Florida and venue for any m actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is ru 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 y 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) 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. 4- (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 W 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- y 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. W (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 �I with a public entity for the construction or repair of a public building or public work; may not submit 03 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. 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 I 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. (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. § 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 0 Agreement award amount. UI (1) The Subrecipient hereby acknowledges that the Subrecipient is subject to Florida's Government 0 in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of the Subrecipient's governing C 0 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 C44 public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, F.S. (m) The Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans W Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and 11 Packet Pg. 1547 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its 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 y 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 m 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 LU 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, CL the making of any Federal loan, the entering into of any cooperative agreement, and the extension continuation,renewal,amendment or modification of any Federal contract,grant,loan or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of y Congress,an officer or employee of Congress or an employee of a Member of Congress in connection y 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 �I placed when this transaction was made or entered into. Submission of this certification is a 03 prerequisite for making or entering into this transaction imposed by 31 U.S.C. 5 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. I (24) Copyright,Patent and Trademark. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by the Subrecipient to the State of Florida. I (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 �I performed under this Agreement or in any way connected with it,the Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its 0 name. Any patent rights accruing under or in connection with the performance of this Agreement are N reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, CD C' 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 12 Packet Pg. 1548 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 `5 property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of the Agreement. ru 0 (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 `5 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 y of the Agreement. CL (26) Public Record Responsibilities. c W (a) In addition to the Subrecipient's responsibility to directly respond to each request it receives for 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 y an email to PRReduestLa)deo.m;florida.com within one (1)business day from receipt of the request. W (b) The Subrecipient shall keep and maintain public records required by DEO to perform the 0 Subrecipient's responsibilities hereunder. The Subrecipient shall,upon request from DSO's custodian of 0. public records, provide DEO with a copy of the requested records or allow the records to be inspected eC or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S., 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 ¢,I the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), 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 UI Florida's public records laws or to allow public access to any public record made or received by the U Subrecipient in conjunction with this Agreement. CO (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 UI maintain public records required by DEO to perform the service. If the Subrecipient-contractor transfers 0 all public records to the public agency upon completion of the Agreement, the Subrecipient-contractor 0 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 w CD completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for CD 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 E compatible with the information technology systems of DEC). U 13 Packet Pg. 1549 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 (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 the Subrecipient-contractor does not comply with DSO's request for records, DEO shall enforce the provisions set forth in this Agreement. A Subrecipient-contractor who fails to provide public records to 0 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 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., 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 y cooperate with DEO regarding DSO's efforts to comply with the requirements of Chapter 119,F.S. CL (h) If the Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be 0 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 y serves as the Subrecipient's waiver of a claim of exemption. The Subrecipient shall ensure public records y 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. W (i) IF SUB RECIPIENT-CONTRACTOR HAS QUESTIONS 9 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 I 850-245-7140, via email at PRRequest(Ldeo.mvflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 >I East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) 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 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 �I public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, 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 cv of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this a' indemnification provision. (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 E written approval from DEO,including, but not limited to,mentioning this Agreement in a press release 14 Packet Pg. 1550 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 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 ru 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 y entering into any public agency contract for services after the Effective Date of this Agreement. The 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. C 0 (27) Employment Eligibility Verification. (a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO LU contracts in excess of nominal value to expressly require the Subrecipient to: 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; CL 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: y 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 2 E-Verify system prior to hiring any new employee after the effective date of this Agreement. (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 �I with CDBG-DR funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable 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 I CDBG-DR activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. U CJ (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: CJ I (a) Benefit to low- and moderate-income persons; (b) Aid in prevention or elimination of slums or blight; and (c) Meet a need having particular urgency (referred to as urgent need). cv w CD (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 independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an 15 Packet Pg. 1551 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO and the Subrecipient,its employees, subcontractors or agents. Neither Party ru 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. y (b) The Subrecipient,its officers, agents, employees, subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, 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 r- 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. LU (d) The Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,joint venturer or partner of the State of Florida. CL (e) Unless justified by the Subrecipient and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. ( DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. The Subrecipient shall have no claim against DEO for vacation pay, sick y 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 0 employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation reemployment assistance benefits) from an employer other than the State of Florida. 76 (g) The Subrecipient, at all times during the Agreement, must comply with the reporting and r- Reemployment Assistance contribution payment requirements of Chapter 443,F.S. iz I (h) DEO shall not provide any training to Subrecipient,its employees,assigns,agents,representatives or subcontractors in the professional skills necessary to perform the work services required by the Agreement. —Remainder of this page is intentionally left blank— I I CJ CJ I 0 CJ I 0 r- 0 cv CD CD 16 Packet Pg. 1552 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page 6 .2 0 IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the 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 LU By By Signature Signature CL Heather Caruthers Ken Lawson Title Mayor Title Executive Director y Date Date Federal Tax ID# 59-60000749 DUNS # 0738767570000 76 LL 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 I I By: Approved Date: 0 CJ I 0 0 cv w CD 17 Packet Pg. 1553 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment A — Scope of Work 1.Project Description The U.S. Department of Housing and Urban Development (HUD) allocated Community Development .2 Block Grant Disaster Recovery(CDBG-DR) funds to the State of Florida to be distributed in the Federal o 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 Buyout (VHB) CDBG-DR program.These funds will be used to principally benefit low- and moderate- r_ 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 oLU utside the threat of flooding with the focus on properties that do not have flood insurance. 0 There are two options under this grant:The first option is to use the CDBG-DR funding as a leverage to Ch CL 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. A Housing units whose occupants qualify as low- to moderate--income (UNIT) households will be acquired and demolished in compliance with the local building code and the U.S. Department of Housing and 0 Urban Development's standards outlined in the Federal Register Notices. 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 �I plans for the area and community. � 2. Subreci lent Responsibilities P� 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 I CJ properties and communities recover from storm related damage due to Hurricane Irma as follows: 1. Complete and submit to DEO within 45 days of agreement execution,a staffing plan for the Monroe County Board of County Commissioners CDBG-DR Program that includes: 0 CJ a. Organizational chart; and, b.Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors. 0 c. Scope of work and procurement plan for all contracted staff,vendors, and contractors. c44 w CD 2. Develop and submit a copy of the following policies and procedures to the DEO Agreement Manager within 45 days of agreement execution: 18 Packet Pg. 1554 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 U 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 LU abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email: 2- hotline a hudoia.224. 2 Ch f. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative CL Requirements,Cost Principles, and Audit Requirements for Federal Award. 0 3. Establish and administer a system of record and production and grants management reporting systems within 45 days of agreement execution. A 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. 5. Complete and submit an Activity Work Plan (Attachment C) for approval by DEO no later than 30 days after the execution of the subrecipient agreement. r- I 6. Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. 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. I CJ 8. Attend fraud related training by HUD OIG to assist in the proper management of CDBG-DR grant funds when available. 9. Update all applicable VHB policies and procedures as needed and upon DEO request. I 10. Complete procurement of all vendors for internal grants management and compliance and direct program and project production,including: a. Selection of vendors, subrecipients, and/or staff that will be responsible for managing N applicant intake and related operations, compliance, finance and administration; CD b. Selection of vendors, subrecipients, and/or staff that will be responsible for managing 2 demolition and/or construction; c. Selection of vendors, subrecipients, and/or staff that will be responsible for managing Land and Structure Buyout;and, 19 Packet Pg. 1555 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 d. Selection of vendors, subrecipients, and/or staff that will be responsible for Appraisal, Environmental Review,title services,and legal services. 11. Meet or exceed federal underwriting standards. Subrecipients must establish underwriting criteria U .r 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 y 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 0 who knowingly makes a false claim or statement to HUD may be subject to civil or criminal r_ LU penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729." c Ch 13. Ensure all projects seeking assistance under the current CDBG-DR funds for Hurricane Irma, CL 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 0 funds. 14. Evaluate each grant applicant for the potential for duplication of benefits and decline any grant y amount that would constitute such a duplication. 0 15. Develop and submit a monthly revised detailed budget measuring the actual cost versus projected cost by the 10th day of the following month. 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 projected progress. 17. Develop and submit both a monthly and quarterly report to DEO by the 10,h day of the ) following month or quarter,that outlines the progress made to date,the projected activities to be �I 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 U date with projected spending, and any other information DEO determines is necessary. I 18. Obtain approval from DEO and FEMA before conveying ownership. 0 19. Provide scope of land use in accordance with DSO's direction,prior to closing. I 0 20. Enforce the proper land use according to 83 Fed. Reg.5863 in perpetuity for a use that is c compatible with open space,recreational,or floodplain and wetlands management practices. � CD 21. Enforce and monitor all deed restrictions. 22. Approve the conveying of property and the proper use of land. 20 Packet Pg. 1556 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 U were caused by Hurricane Irma. N 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. LU Activity Deadline 2- Program Design and Implementation, as outlined in 12 Ch Section 2.,B. 9/15/2020 CL Completion of Homeowner buyout and Incentives, as outlined in Section 2., C. 6/15/2021 0 Completion of Demolition and Closeout as outlined in Section 2.,D. 6/15/2022 A W B. Deliverable I: Program Design and Implementation 0 Task 1: Perform Intake for VHB applicants,which shall include the following components: • Intake application processing • Phone calls and/or in-person meetings with applicants • 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 t) • Confirming primary residence • Identify priority status • Perform damage assessment CJ • Identify tieback to disaster U • Income Certifications pp • National Objectives Determination Task 3. Perform Duplication of Benefits (DOB) analysis,which shall include the following components: c CJ • Perform FEMA data analysis WI • Perform SBA data analysis • Perform NFIP data analysis 0 • Perform Private Insurance data analvsis 2 cv • Perform Non-profits data analysis • Perform other assistance analysis • Analyze spent funds • Verify funds were spent for their intended purpose m • Complete DOB review • Complete DOB finalworksheet e( 21 Packet Pg. 1557 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Task 4: Perform the Review and Approval of VHB applicants,which shall include the following components: • Review applicant files for completeness • Determine pre-disaster fair market value ru • Determine final applicant eligibility/ award amount • Issue grant award to eligible applicant A • Applicant appeal process = Task 5: Complete the Environmental Review Record (ERR),which shall include the following components: • Analyze applicant housing to determine proper ERR • Inspection of property m • Complete tier 1 review r_ • Complete tier 2 review • Complete and analyze lead-based paint testing UJI • Complete and analyze asbestos testing c Task 6: Perform Final Scope and Feasibility assessments,which shall include the following CL components: • Revise scope for State Historic Preservation Office (SHPO) requirements • Revise scope for lead-based paint mitigation • Revise scope for asbestos mitigation • Analyze for cost reasonableness and feasibility of the project • Complete and review final inspection reports y W Task 7: Complete the necessary Procurement and Closing activities which shall include the 0 following components: • Prepare statement of work for contractor bid • Prepare and advertise procurement documents • Review and respond to procurement questions LL I • Revise bid documents if necessary • Review submissions and select contractor • Conduct debarment check and contractor licensing • Award bid • Review and modify agreement and award amounts • Closing coordination I • Prepare and receive escrow • Execute agreement with contractor I U CJ C. Deliverable II: Homeowner Buyout and Incentives I Task: 1 Complete the Homeowner Buyout and Incentive Program activities which shall include the following components: U • Property Appraisals �I • Legal Services 0 • Conduct Title and lien searches 0 c • Uniform Relocation Act (URA) compliance,when applicable • Recording fees • Perform homeowner buyout CD • Perform homeowner incentives,if applicable • Execute closing documents 22 Packet Pg. 1558 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 D. Deliverable III: Demolition and Closeout Task 1: Complete Demolition activities which shall include the following components: > • Notice to Proceed (NTP) • Contractor obtains all permits • Conduct inspections 0 • Conduct final walkthrough y • Process payments Task 2: Complete grant agreement Closeout Packages which shall include the following components: • Complete final inspection report • Review project files prior to final closeout E • Compile closeout documentation 0 —Remainder of this page is intentionally left blank— CL 0 A 0 I I I CJ CJ I 0 CJ I 0 C 0 cv w CD CD 23 Packet Pg. 1559 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 3. DELIVERABLES: The Subrecipient agrees to provide the following services as specified: W 0 Minimum Level of Service N Deliverable I Financial Consequences (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 r_ Subrecipient shall complete an task per housing unit as detailed in result in nonpayment for this WE 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 c applicable upon the approval from DEO along 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 W does not meet the minimum level of service required for payment. y Minimum Level of Service W Deliverable II Financial Consequences (to submit for request for payment) 0 Homeowner Buyout and The Subrecipient shall be reimbursed upon Failure to perform the W Incentives completion of a minimum of one project minimum level of service shall 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. 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 CO Deliverable IL The completion of the monthly and quarterly reports alone does not UI meet the minimum level of service required for payment. I Deliverable III Minimum Level of Service Financial Consequences (to submit for request for payment) I Demolition and Closeout The Subrecipient shall be reimbursed upon Failure to perform the 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 Attachment A, Section 2.,D. Section 2. D; evidenced by invoices(s) noting deliverable for each payment w CD above completed tasks with supporting request. documentation (such as payroll,invoices from contractors, etc.) as applicable upon the m approval from DEO and along with the submission of both a monthly and quarterly 24 Packet Pg. 1560 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 report detailing the work completed in m Deliverable III. The completion of the monthly and quarterly reports alone does not W meet the minimum level of service required ru for payment. The Subrecipient shall be reimbursed upon y completion of a minimum of 100 percent of 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 specialist or building inspector for the project 0 TOTAL AWARD NOT TO EXCEED $15,000,000.00 c 4. DEO Responsibilities: CL 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 A the following: 0 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. 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. 5. Review the detailed budget and measure actual cost versus projected cost on a monthly basis. t�I CJ 6. Review the progress made to date,the projected activities to be completed in the upcoming month, and any risks or issues identified for the delivery of the project as reported in the subrecipients required monthly and quarterly report. 0 CJ I 0 C 0 cv CD CD 25 Packet Pg. 1561 a0I 10 a3uenssl n®add ) l l _4u ' 'a a n A A4un ®a ® 6 :4u8wg3B44 04to i LO w a o Eo v 0 " r. U G Q' o � � o W � a� za A U � I � U LL00 { z a U v v m ^+ W a u u Q uO U v V S' ✓ E n LO ++ O O. V U C1r v 'CS u Q .O V D, c~c v u v N ,� A :: � v E o �° v U O� fJ v p U Y p Qj v v Q (n W a F G co G Q Q � o?j o •� > ., w r. rn U U O 0 / lm s p a3uensslGA add ) mm uM@oKgn 00 nod eouo Z om :WamQoq! to \ LO® \ a.2 v � �\ � �\ � � (� § � \ § \ ¥ } § 2 3 \ \ / \ 72 \ \ { � } � CO) \ 2 k ƒ § B � \ o \ ) k } \� § \ G \ \ j \ Q j LO \ R \ / % < u + } § \ \ CL / / } « d a ¥ 3 f 0 a0I 10 93unssl n®add ) l l _4u i 'a a n A A4un ®a ® :4u8wg3B44 LO co � A a. o 5 � � Q' 'm >Q W .Q "7 v .J Q) ° u mu � � W a A .ti 'z .N °° �..� Q) 0 u 'z v �1 A oq -,�ts LL ch .o m N U � � rn Q v �V o LO LO y WQ ,. o � � C v Q � o ° A w C v 0 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEC)Agreement No.:I0092 Attachment D — Program and Special Conditions Program Conditions 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 n 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 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. LU 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 CL provided to DEC)for review: 0 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 y approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall A notify DEC)in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-DR funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds,except for administrative expenses and not to exceed _ $5000,the Subrecipient shall complete the following: a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional 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. I b. Comply with 24 C.F.R. part 58 and the regulations implementing the National Environmental Policy Act,40 C.F.R. §§ 1500-1508. When the Subrecipient has completed the environmental review process, I it shall submit a Request for Release of Funds and Certification. DEC)will issue an Authority to Use CJ Grant Funds (form HUD-7015.16)when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant 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. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 0 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition w CD Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing CD 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 03 29 Packet Pg. 1565 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 ru 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 appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that 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. 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. LU 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); 12 Ch CL Section 3 Participation Report (Construction Prime Contractor); Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and Section 3 0 Participation Report (Construction Subcontractor), (if applicable). 8. In addition,each construction contractor agreement for new or replacement housing must contain language y that requires the contractor to meet the Green Building Standard for Replacement and New A Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday,November 21,2016. 0. e( 9. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient 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 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. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the UI following documents shall be sent to DEO: U a. Notice to Proceed; I 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). U 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 C.F.R. § 570.487(b)(4). 0 12. The CDBG-DR portion of the cost of post-administrative closeout audits. c44 w CD 13. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding 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 30 Packet Pg. 1566 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 > with 24 C.F.R. § 570.4890). W 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 y the Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating 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 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. 12 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 - administrative closeout. cu 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 y as those relating to the acquisition or disposition of real property; CDBG-DR financial assistance to > 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. 18. Any payment by the Subrecipient using CDBG-DR funds for acquisition of any property,right-of-way,or ru easement that exceeds fair market value as determined through the appraisal process established in HUD iz 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. CO 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 c CJ certification. This certification shall be accomplished prior to submission of an administrative closeout �I and a copy of the certification shall be submitted with the administrative closeoutpackage. c package P,' Attachment E — State and Federal Statutes, Regulations, and Policies N a) CD The CDBG-DR funds available to the Subrecipient through this agreement constitute a subaward of the DSO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of the DSO's Federal award m 31 Packet Pg. 1567 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 �+ under this agreement.These Federal Register notices include,but are not limited to,Federal Register Guidance (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 review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other E 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 LU to the Subrecipient on an advance or reimbursement basis. c The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplantCL 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 y State of Florida Requirements are stated throughout this Agreement and Attachments thereto. A 0 II. Audits.Inspections. and Monitoring 1. Single Audit �-- 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. �I 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 CO conditions of this Agreement. This review must include: (1) reviewing financial and performance reports required by the DEC); (2) UI 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 I The Subrecipient shall be subject to reviews and audits by DEC),including onsite reviews of the Subrecipient 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 w CD to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on CD - 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 m compliance or provide training and technical assistance as needed to correct noncompliance. 32 Packet Pg. 1568 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 U Drug-Free Workplace Act of 1988 (Pub.L. 100-690,Title V, Subtitle D;41 U.S.C. 701-707). 0 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 each of its contractors. r_ 0 The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities at [insert 24 LU CFR 570.609 or 24 CFR 570.489(l) as appropriate]. CDBG funds may not be provided to excluded or disqualified persons. 12 Ch The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any CL 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 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 I 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 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). 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. �I 0 VI I.Relocation and Real Propert<:Acquisition c The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies N Act of 1970, as amended (URA),42 USC 4601 —4655, 49 CFR part 24,24 CFR part 42, and 24 CFR 570.606. CD C' CD 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 33 Packet Pg. 1569 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 major disaster as determined by the President,to meet the occupancy requirements set by such Act". VIII. Nondiscrimination 1. 24 CFR part 6 The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of 0 the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that 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 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) W (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section E 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 C Subrecipient shall comply with regulations of 24 CFR part 8,which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. Ch 2. Architectural Barriers Act and the Americans with Disabilities Act CL 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) 0 requires certain Federal and Federally funded buildings and other facilities to be designed,constructed or altered in accordance with standards that insure accessibility to, and use by,physically handicapped people.A building or facility designed,constructed or altered with funds allocated or reallocated under this part after y December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the W definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural 0 Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility 0. Standards (appendix A to 24 CFR part 40 for residential structures,and appendix A to 41 CFR part 101-19, subpart 101-19.6,for general type buildings). 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 �I State and local government services and telecommunications. It further provides that discrimination includes m a failure to design and construct facilities for first occupancy no later than January 26, 1993,that are readily 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 I difficulty or expense. 3. State and Local Nondiscrimination Provisions I CJ The Subrecipient must comply with the Florida Small and Minority Business Assistance Act 288.703- 288.706,F.S.); Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (I) General Compliance: 0 The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352), CAI as amended. No person in the United States shall, on the ground of race, color or national origin,be excluded 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 w CD the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall be kept m 34 Packet Pg. 1570 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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. (II) Assurances and Real Property Covenants: As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the U 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 y 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 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 E 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 > LU during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. CL Ch In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal 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 y 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 0. the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. Affirmative Action (III) Approved Plan �I The Subrecipient agrees that it shall carry out pursuant to the DSO's specifications an Affirmative Action 2 Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended, and implementing regulations at 42 CFR 60. DEO 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. (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 UI minority businesses,women's business enterprises,and labor surplus area firms are used when possible when 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 t�I officer,advising the labor union or worker's representative of the Subrecipient's commitments hereunder,and 0 shall post copies of the notice in conspicuous places available to employees and applicants for employment. r- 0 (vl) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the a) Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. CD IX. Labor and Employ 1. Labor Standards 35 Packet Pg. 1571 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 subcontractors in the performance of construction work financed in whole or in part with assistance received under this Agreement shall be paid wages at rates not less than those prevailing on similar construction in the U 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 rehabilitation of residential property only if such property contains not less than 8 units. 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 documentation shall promptly be made available to DEO for review upon request. E 0 X. Section 3 of the Housing and Urban Development Act of 1968 1. A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median 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 and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such W 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. y 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 A (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 0 may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 2. Compliance '® The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of �I 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 t) 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 t�I low-income persons,particularly persons who are recipients of HUD assistance for housing. 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. �I C. The Subrecipient will require its contractors to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this N Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availabilit< of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) m taking applications for each of the positions; and the anticipated date the work shall begin. 36 Packet Pg. 1572 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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, as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the W subcontractor is in violation of the regulations in 24 CFR part 135.The Subrecipient will require its ru 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. y E. The Subrecipient will require its contractors to certify any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default, and debarment or suspension from future HUD assisted contracts. r_ 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. LU G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preferenceCL and opportunities for training and employment shall be given to Indians,and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). 3. Recipients of HUD federal financial assistance shall meet the following hiring and contract y 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 W 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 3 residents as: (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 UI in FY 1997 and continuing thereafter. (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 0 contract or subcontract awards do not meet the threshold specified in Section CJI 135.3(a)(3)) may demonstrate compliance with the requirements of this part by 0 committing to award to Section 3 business concerns: 0 (1) At least 10 percent of the total dollar amount of all Section 3 covered contracts N for building trades work for maintenance, repair, modernization or development of w public or Indian housing, or for building trades work arising in connection with CD 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. 37 Packet Pg. 1573 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 XI. Conduct a: 1. Hatch Acts 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 political activities in violation of Chapter 15 of Title V of the U.S.C. 0 Conflict of Interest 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). m 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 c 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 U agreement; (II) If any funds other than Federal appropriated funds have been paid or will be paid to y 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, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions; (III) The language of paragraph (a) through (d) of this certification be included in the U_ 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 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. 0 CJ XIII. Environmental Conditions �I 1. Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not 0 delegated the requirement under Section 104(g) of the HCD Act for environmental review, decision- making N and action (see 24 CFR part 58) and is not delegated the DSO's responsibilities for initiating the review process CD C' under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and 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 38 Packet Pg. 1574 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 0 agreement: L • 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 Agency-40 CFR parts 6, 51,and 93); and • Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, E including the requirements specified in Section 114 and Section 308 of the Federal Water 2 Pollution Control Act,as amended,and all regulations and guidelines issued thereunder. LU 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, CL 42 USC 4012a. Additionally the Subrecipient shall comply with Section 582 of the National Flood Insurance 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 assistance that was conditioned on the person first having obtained flood insurance under applicable Federal y law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable A Federal law on such property. Section 582 also includes a responsibility to notify property owners of their 0 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 beginning of this Attachment. Lead-Based Paint The Subrecipient shall follow DEO approved procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing .5 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. CJ In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local historic property list. 0 CJ I 0 r_ 0 cv 39 Packet Pg. 1575 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 n further fair housing by implementing the actions listed below. 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 m to receive fair housing calls; 2 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 LU 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: CL 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 A 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: `u • Define where discriminatory practices are occurring, _ • Help the community measure the effectiveness of its outreach efforts,and • Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: • 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, yard sales and church festivals;and I • Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company 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, �I mailing a DEO-approved fair housing brochure as an insert with utility bills will be accepted as an activity. 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, t�I sign-in sheets and copies of handouts in their CDBG-DR project file and include information about the activities in the comment section of each quarterly report. cv w CD CD 40 Packet Pg. 1576 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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: n 1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and 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 i j the Subrecipient's jurisdiction so that people know who to can to ask EEO 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; and CL 4) Establish a system to record the following for each EEO call: a) The nature of the call, 0 b) The actions taken in response to the call and c) The results of the actions taken; M Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE)and women- y 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 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. Section 504 and the Americans with Disabilities Act (ADA) I 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: 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 UI questions or register a complaint. Alternatively the Subrecipient can post the coordinator's contact 0. information throughout the quarter on the home page of its website;and 4) Establish a system to record the following for each Section 504/ADA call: cv a) The nature of the call, a' CD b) The actions taken in response to the call and CD 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 Packet Pg. 1577 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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, 0 • Deny access to programs, services, benefits or opportunities to participate as a result of physical y barriers, or • Deny employment opportunities,including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 C.F.R. part 35, and Title III,28 C.F.R. part 36) prohibit discrimination C 0 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 LU 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 CL receipt of Federal funding. Title II requires that State and local governments give people with disabilities an W equal opportunity to benefit from all of their programs, services and activities (e.g. public education, o employment, transportation, recreation, health care, social services, courts, voting and town meetings). State r_ and local governments are required to follow specific architectural standards in the new construction and y alteration of their buildings.They also must relocate programs or otherwise provide access in inaccessible older A 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 W 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, CI homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities W including sports stadiums and fitness clubs.Transportation services provided by private entities are also covered W 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 CJ shall keep records to document the number of low- and moderate-income people who are hired to work on CJ 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. The following clause from 24 C.F.R. § 135.38 is required to be included in CDBG-DR-funded contracts of$100,000 or more. Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of a) CD 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 Subrecipients of HUD assistance for housing. 42 Packet Pg. 1578 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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. 2 C. The contractor agrees to send to each labor organization or representative of workers with which the y contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and C M will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and C trainingpositions,the qualifications for each;and the name and location of the person(s)s taking applications P q � P ( ) g PP for each of the positions; and the anticipated date the work shall begin. LU D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicableCL y 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 the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations W in 24 C.F.R. part 135. M E. The contractor will certify that any vacant employment positions,including training positions,that are filled y (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 0 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 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 �I 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the 03 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 .0 the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). I 0 CJ I 0 C 0 cv CD CD 43 Packet Pg. 1579 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Civil Rights Regulations As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: .2 c 1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive A Federal funding; _ 2. Title VII of the Civil Rights Act of 1964—prohibits employment discrimination on the basis of race, color, r- 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, m E 5. 24 C.F.R. § 570.490(b) —Unit of general local government's record; r- 0 6. 24 C.F.R. § 570.606(b) —Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; LU 8. Executive Order 12892—Leadership and Coordination of Fair Housing in Federal Programs:Affirmatively Furthering Fair Housing, 9. Section 109 of the Housing and Community Development Act of 1974—No person shall be excluded from participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG-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 W people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity; and A 13. Section 3 of the Housing and Urban Development Act of 1968, as amended —Employment/Training of Lower Income Residents and Local Business Contracting. I hereby certify that shall comply with all of the provisions and Federal regulations listed in this attachment. I By: Date: Name: I tJ tJ Title: I 0 tJ I 2 C 0 N a) CD CD 44 Packet Pg. 1580 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment G — Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph 6 .2 (10) Default, of this Agreement. N 1. A Monthly Progress Report must be submitted to DEO on forms to be provided by DEO ten (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 m 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 2 httn://wwy,.flrules.org/Gateway/reference.asp?No=Ref-05360; which is incorporated herein by LU reference, must be submitted by April 15 and October 15 each year through the DSO's SERA reporting Ch system.The form must reflect all contractual activity for the period,including Minority Business Enterprise CL U_ and Woman Business Enterprise participation. If no activity has taken place during the reporting period, 0 the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-DR funds and its obligations under this y Agreement by complying with the closeout procedures in 2 CFR§200.343.Activities during this close-out A 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 0. accounts receivable to DEO) and determining the custodianship of records. W Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the r- 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 CFR 570.503(b)(7). I 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 U Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO �I no later than nine months from the end of the Subrecipient's fiscal year. 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 �I 0 subgrant was open. 0 6. The Section 3 Summary Report,form HUD-60002,must be completed and submitted through cv DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. m 45 Packet Pg. 1581 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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. 0 C 2 CIL 0 CU A 2 I I I CJ CJ I 0 CJ I 2 C 0 cv w CD CD 46 Packet Pg. 1582 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment H — Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 C.F.R. part 200 ru (and particularly 2 C.F.R 200.302 titled "Financial Management"), Section 218.33, F.S., and include the .2 following: (1) Accurate,current and complete disclosure of the financial results of this project or program. A (2) Records that identify the source and use of funds for all activities. These records shall contain -a 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. E (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 LU 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. (6) Cost accounting records that are supported by back m up docuentation. U- 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 0. the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror W 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 The Subrecipient shall maintain written standards of conduct governing the performance of its employees m engaged in the award and administration of contracts. No employee, officer or agent shall participate in the .0. 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 I indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or >I anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the 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 UI circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday 0 through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required w CD for all of the particular work for which they are hired by the Subrecipient. CD 47 Packet Pg. 1583 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F (Audit Requirements) and Section 215.97,F.S.,as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to, on-site visits by 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 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 LU to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Chief 12 Financial Officer (CFO) or Auditor General. y CL AUDITS 0 PART I: FEDERALLY FUNDED This part is applicable if the Subrecipient is a State or local government or a non-profit organization as defined y in 2 CFR 200,as revised. W 0 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 in its fiscal year,the Subrecipient shall consider all sources of federal awards,including federal resources I 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. I 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. ca 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 �I (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). cv 4. Although 2 CFR 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) organizations, the pass-through entity has an obligation to ensure that for-profit 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. 48 Packet Pg. 1584 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Additional Federal Single Audit Act resources can be found at: > hops://harvester.census.gov/facweb/Resources.aspx W PART II: STATE FUNDED 6 This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2),F.S. y 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such Subrecipient,the Subrecipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state r_ 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 LU 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. CL 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 W (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. A 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 W 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). I Additional information regarding the Florida Single Audit Act can be found at: 03 htt s://aPps.fldfs.com/fsaa/ PART III: OTHER AUDIT REQUIREMENTS I (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),F.S.,State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97, F.S. In such an event,the State awarding agency must arrange for funding the full cost of such additional audits.) 0 N/A I 0 r_ 0 PART IV: REPORT SUBMISSION cv 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 CFR 200 Subpart F (Audit Requirements),as revised,and required by PART I of this Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to m each of the following at the address indicated: 49 Packet Pg. 1585 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 A. Department of Economic Opportunity Financial Monitoring and Accountability (FMA) The copy submitted to the FMA section should be sent via email to: FNIA- W RWB a,deo.mvflorida.com ru B. The Federal Audit Clearinghouse designated in 2 CFR 200 Subpart F (Audit Requirements), as y 0 revised,electronically at: httns://haryester.census.gov/facweb/ 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. LU - 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by 12 or on behalf of the Subrecipient directly to each of the following: Ch CL A. DEO at the following address: W Electronic copies: Audit a,deo.mvflorida.com B. The Auditor General's Office at the following address: A W Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 W 111 West Madison Street Tallahassee, FL 32399-1450 U_ I Email Address: flaudgen local�4ovt(r�aud.state.fl.us 4. Any reports, management letter or other information required to be submitted to DEO pursuant to 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 I of the Auditor General,as applicable. I 5. Recipients and subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient/sub recipient in correspondence accompanying the reporting package. 0 CJ I PART V: RECORD RETENTION 2 C 0 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 C44 after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or its designee,the Chief Financial Officer (CFO) or Auditor General access to such records upon request. In addition,if any litigation,claim,negotiation,audit, or other action involving m the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the 50 Packet Pg. 1586 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 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 period of five (5) years from the date the audit report is issued,unless extended in writing by DEO. 0 C 0 CL 0 A 0 I I I CJ CJ I 0 CJ I 0 C 0 cv w CD CD 51 Packet Pg. 1587 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Exhibit 1 to Attachment I — Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: 76 Federal Awarding Agency: U.S. Department of Housing and Urban Development y 0 Federal Funds Obligated to Subrecipient: $15,000,000.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii m Catalog of Federal Domestic Assistance Number: 14.228 The purpose of Rebuild Florida's CDBG-DR Voluntary Pro ect Descri tion: Home Buyout Program is to acquire properties that are in a LU p Special Flood Hazard Area (SFHA), and in high-risk flood This is not a research and development a�a�ard. areas to help reduce the impact of future disasters,and to (n CL assist property owners to relocate outside the threat of U_ flooding. 0 Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program A 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 exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 9 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily �I limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's 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 Subject to Section 215.97,Florida Statutes: N/A 0 Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as t�I Follows:N/A C 0 NOTE: Title 2 C.F.R. §200.331 and Section 215.97(5),F.S.,require that the information about Federal Programs and N State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. 52 Packet Pg. 1588 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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. Subrecipient: o FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: C 2 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 Department of Economic Opportunity (DEO)? ❑ Yes ❑ No CL 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 W 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 y single or project-specific audit requirements of Section 215.97, Florida Statutes and the 0. applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any 6 agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding, ¢,I economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes ❑ No .2- If the above answer is yes, also answer the following before proceeding to execution of this certification: I 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. I By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. o I 0 0 Signature of Authorized Representative Date cv w CD Printed Name of Authorized Representative Title of Authorized Representative 53 Packet Pg. 1589 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment K — Subrecipient Enterprise Resource Application (SERA) Form 76 Current SERA Form will be provided under separate cover. n r- 2 CL 0 A 2 76 I I I I 0 I 0 0 cv w CD 54 Packet Pg. 1590 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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 y 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 convenienceCL v, by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all c contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 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, y 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 I the wage determination. The non-Federal entity must report all suspected or reported violations 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, t�I 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 Packet Pg. 1591 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 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 > in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and 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 .2 the purchases of supplies or materials or articles ordinarily available on the open market, or y 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$150,000CL must contain a provision that requires the non-Federal award to agree to comply with all 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). c Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) -A contract award (see 2 y 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. I (J) See § 200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] I 0 I 0 0 cv 56 Packet Pg. 1592 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment M State of Florida Department of Economic Opportunity .2 T Federally-Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Subrogation Agreement C 2 This Subrogation and Assignment Agreement ("Agreement") is made and entered into on this_day of 120 , by and between (hereinafter referred to as "Subrecipient") and the State of Florida, Department of Economic Opportunity(hereinafter referred to 12 as "DEO"). Ch CL 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 0 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 y payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage A 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 76 `✓ sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement. I The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, 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 I determined to be a DOB,the portion that is a DOB shall be paid to DEO,to be retained and/or disbursed as provided in this Agreement.The amount of DOB determined to be paid to DEO shall not exceed the I amount received from the CDBG-DR Program. U 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 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 o and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be 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 Packet Pg. 1593 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make m effective the purposes of this Agreement. Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance 6 policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving 2 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. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, CL 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 o 0) Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: A 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 76 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. Ca 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. 0 U Subrecipient represents that all statements and representations made by Subrecipient regarding 0)I Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. o cv Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be CD a) subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. 58 Packet Pg. 1594 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has m received, read, and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. 76 In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, 2 including actual attorney's fees. T) SUBRECIPIENT [insert Subrecipient name] By: Name: Heather Caruthers Title: Mayor 0 DEO: [insert name of administrative entity] CL By: o Name: Title: A 2 I I I CJ CJ I 0 CJ I 0 0 cv w CD 59 Packet Pg. 1595 D.9.g REQUEST FOR PROPOSALS FOR Environmental & Historical Review Services for the Community Block Grant- Disaster Recovery (CDBG- DR) Voluntary Home Buyout Program 0 MONROE COUNTY, FLORIDA Fs " „ W w l rr ' t 16 23 4 pay r N BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern Michelle Coldiron, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 y Commissioner Sylvia Murphy, District 5 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT r- 2 ROMAN GASTESI KEVIN MADOK DISASTER RECOVERY MAY 2020 Packet Pg. 1596 D.9.g NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on , 2020, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: ENVIRONMENTAL REVIEW SERVICES FOR COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY E VOLUNTARY HOME BUYOUT PROGRAM MONROE COUNTY, FLORIDA 0 Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be y viewed at: www.flori aiDublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213, Key y West, Florida. y In response to Covid-19, Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing hereby directs that bids be submitted via email to: OMB- BIDS@monroecounty-fl.gov, no later than 3:OOP.M. on 2020. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: RFP Environmental and Historical Review Services FOR ) COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY VOLUNTARY HOME BUYOUT PROGRAM Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Should your bid documents exceed 25MB, please email: omb-purchasing@monroecounty-fl.gov. The bid opening E for this solicitation will be held virtually, via the internet, at 3.00 P.M. on 2020. You may call in by phone or internet using the following: Join Zoom Meeting LU CL https-Hmcbocc.zoom.us/j/4509326156 Meeting ID: 450 932 6156 CL One tap mobile +16465189805774509326156# US (New York) +16699006833774509326156# US (San Jose) Packet Pg. 1597 D.9.g Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) .2 c Publication Dates Citizen: E Keys Weekly: News Barometer: Miami Herald 0 Ch CL A 2 N CD c r- 2 CL CL CO Packet Pg. 1598 D.9.g TABLE OF CONTENTS NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS c SECTION ONE - Instructions to Respondents & Scope of Work SECTION TWO - Draft Contract SECTION THREE- County Forms 2 0 Ch CL A 2 N CD c r- 2 CL CL Packet Pg. 1599 D.9.g SECTION ONE: INSTRUCTIONS TO RESPONDENTS 76 1. Objective of the Request for Proposals/Scope of Services .2 c Environmental & Historical Review: The Monroe County Board of County Commissioners is requesting proposals from a highly qualified professional firm/consultant or a team of consultants to act on behalf of the County in independently conducting environmental and historical reviews for the Voluntary Home Buyout Program (VHBP). The project consists of environmental reviews in accordance with 24 CFR 58 for the Voluntary Home Buyout Program (VHBP) and shall be conducted in accordance with HUD requirements for CDBG-DR activities and historical reviews in accordance 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 LU Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating Historic Buildings.. Please see 83 CFR 5844- Allocations, Common Application, Waivers, and Alternative Requirements for 2017 Disaster Community Development Block Grant Disaster CL Recovery Grantees; HUD Exchange at H U Dexchange.info; and 24 CFR 58 for further environmental review requirements. Based on preliminary discussions with DEO/HUD, the County believes that Environmental Reviews of the projects qualify for a Categorical Exclusion under 24 CFR Part 58.35(a)(4)(i). y The Respondent shall describe the approach and methodology it will use to accomplish the work below. The project approach shall include a projected timeline for project implementation, key milestones, and level of effort. The County shall work with the selected contractor to establish a mutually agreed upon schedule cv cv The environmental review services may include but are not limited to: • Assess each VHBP project site to verify the level of environment review required. • Conduct site visit to project location and completion of a field observation report. • Complete and submit the environmental review to DEO. • Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings • Consult and coordinate with oversight/regulatory agencies to facilitate environmental T clearance • Perform special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural review, Phase I and II ESAs, USACE permits. LU • The vendor must accomplish a Categorical Exclusion, an Environmental Assessment, a CL FONSI, a Phase I and a Phase 11 assessment. • Prepare responses to comments received during comment phase of the environmental CL review, including State/Federal Agency requiring further studies and/or comments from public or private entities during the public comment period • Coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization. 5 Packet Pg. 1600 D.9.g • Prepare public notices including, but not limited to the Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds floodplain/wetland early and final notices in required order and sequence ru .2 • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43 • Process environmental review and clearance in accordance with NEPA • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required • Prepare and submit monthly status report in a format that is mutually agreed upon by the E Contractor and the County. • Participate in regularly scheduled progress meetings with Monroe County staff as required. 0 The historic review services may include but are not limited to: y CL • Historical preservation reviews under Sec. 106 of the National Historic Preservation Act of 1966 (54 U.S.C. Section 306108) following the required Professional Qualification Standards as set forth in 36 CFR Part 61. • Perform site visits and conduct all necessary required inspections; • Evaluate and submit report of findings for the Historical Review y • Prepare all necessary compliance reports and forms for quality control; • Participate in meetings and/or conference calls to discuss project(s) and the Historical Review and propose/coordinate strategies for resolving issues; • Expedite procedures required by the Department of Housing and Urban Development (HUD)for specific Community Development Block Grant for Disaster Recovery programs. cV • Gather all necessary data to conduct an historic review in compliance with federal, state, and local rules, regulations and requirements including online research, site visits, historic preservation office data • Delineate area of potential impacts, identify affected parties, provide recommendation for treatment and mitigation • Collect and enter historical review data into project data management system • Review the documents for completeness and evaluate the level of review which may be required for each project • Prepare maps for use in consultation and site inspection T • Coordinate with all internal and external stakeholders as required • Conduct archaeological studies and architectural surveys if required • Inspect the site and immediate vicinity to collect needed information not accessible in a E desktop review 2 .5 These services will be funded under the Federally-Funded Subrecipient Agreement between the LU County and the Florida Department of Economic Opportunity (DEO), and attached hereto as CL Exhibit"_". The selected CONTRACTOR is bound by the terms and conditions of the County's CL Subrecipient Agreement with DEO. The CONTRACTOR is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. The CONTRACTOR agrees to provide reports or information to the County as needed to comply with the County's obligation to submit reports to DEO on the progress of the work under E 6 Packet Pg. 1601 D.9.g this Agreement. The CONTRACTOR shall coordinate all tasks with the County's Director of Environmental Resources. 2. Background Information 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 Department of Economic Opportunity (DEO) 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 ecovery. The Rebuild Florida VHBP was created to encourage risk reduction through the purchase of residential property in high flood-risk areas to help reduce the impact of future disasters. Ch CL Monroe County will use CDBG-DR funds to principally benefit low- and moderate-income persons in a manner that ensures that at least seventy percent (70%) of the grant amount awarded is expended for activities that benefit such persons. Funds will be used to implement the VHBP. The VHBP 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 y buyouts will be used in a way that benefits all the residents in an area where at least 51 percent y of the residents are low- and moderate-income persons. The County will create a VHBP to encourage risk reduction through the acquisition of residential property in high flood risk areas. For all properties acquired by the County through the VHBP, a -- restrictive covenant must be recorded upon closing of the transaction that will limit all future development of the site to recreation, green space, or flood control uses in perpetuity. cv The VHBP will meet the following goals: 1. Acquire properties that were impacted by Hurricane Irma and convert the property to recreation, green space, and/or flood control uses in perpetuity 2. Provide mitigation to the County against future flood damages, effects of sea level rise, and health and safety risks for owners and rescuers. 3. Reduce repetitive subsidized flood insurance payments and federal disaster assistance e Monroe County, with support from the contracted vendor, will conduct all program, design, and implementation services necessary to mobilize/launch a comprehensive VHBP to reduce long- term community risk. Monroe County was declared the most impacted and distressed county as a result of Hurricane Irma and was allocated through DEO $15 Million to implement the VHBP. The County solicits responses from qualified and experienced individuals or firms to provide Environmental Review Services for the Voluntary Home Buyout Program (VHBP) through a Services Contract. CL 3. Evaluation Criteria Each proposal will be reviewed, and consideration will be given to each of the following criteria: • Experience with HUD CDBG-DR Program design and implementation within the past 10 years 7 Packet Pg. 1602 D.9.g • Experience with VHBP and/or Land Acquisition Programs • Experience conducting Environmental Reviews under NEPA to include Categorical Exclusion determinations (CATEX) and preparation of Environmental ru Assessments/Findings of No Significant Impact (EA/FONSI) • Experience providing environmental services, including, but not limited to, biological assessments, wetland delineations, Phase I & II ESAs, and Federal permitting • Demonstrated internal capacity, qualified staffing and resources to effectively and efficiently execute all program elements • Price: Cost and Hourly Rates C 4. Content of Submission The proposal submitted in response to this Request for Proposals (RFP) shall be submitted via email to O aDmonroecounty-fl.gov; shall be clear and concise, tabulated, and provide the y CL information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with y the County's requirements. Respondent should focus specifically on the information requested. A 5. Format. The response, at a minimum, shall include the following: ~� cv A Cover Paae A cover page that states "PROPOSAL FOR ENVIRONMENTAL REVIEW SERVICES" y must be included. The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person(s). B. Tabbed Sections .c Tab 1. Executive Summary y The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrates how the firm will work with the County to fulfill the E requirements of this Project. Describe the firm's methods of providing Services listed in Section One, both in the office and at locations in the County. Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed Project within the last ten (10) years. Tab 3. Past Performance on Similar Projects The Respondent shall provide a list of past projects indicating the following: 8 Packet Pg. 1603 D.9.g • Name and full address of the referenced project client • Name and telephone number of client contact for referenced project • Date of initiation and completion of contract • Summary of the project and services including contract amounts and/or number of clients served Tab 4. Project Approach The Respondent shall describe the approach and methodology it will use to accomplish the work defined herein. The project approach shall include information on schedule and availability where applicable. The vendors will be required to comply with all laws, rules and regulations effecting the Scope of Work set forth herein. LIU 0 Ch CL Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall provide the same y information for any subcontractors. y The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. An organizational chart and management plan should be included in this section. The Respondent shall also include minimum qualifications for each class of employee of the project team and identify his/her role on the team. Include in this section the location cv of the main office and the location of the office proposed to work on this project. Tab 6. Other Information > Respondent shall provide any additional project experience that will give an indication of the Respondent's overall abilities. 0 Tab 7. Project Budget y Respondent shall use a format similar to that of the sample shown below, with at least as much detail. The titles of persons working on this project and the hourly rates shall be listed. Any other expenses not included in these hourly rates shall be itemized at the bottom. LU CL You may use a spreadsheet of your own design, but it must be in similar format, and include at least CL as much information. "fully loaded" hourly hourly Position Description rate* rate** 9 Packet Pg. 1604 D.9.g research consultant 150.00 200.00 76 research assistant 80.00 100.00 U c c� administrative assistant 50.00 75.00 C 2 *base hourly rate does not include "out-of-pocket"costs, such as travel, lodging, meals, supplies, etc. Ch **Included in "fully loaded"hourly rate:lodging, per diem, and overhead CL 0 A 2 CD CN c C 2 CL CL 10 Packet Pg. 1605 D.9.g Tab 8. Financial Information and Litigation The Respondent will provide the following information: 1. A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); 2. A list of the officers and directors of the entity; 3. The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); 4. The number of years the person or entity has operated under its present name and any prior names; 5. A print out of the "Detail by Entity Name" screen from the Respondent's listing in www.sunbiz.orq; 6. A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of State; 7. Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted?Yes or no. If yes, y provide details; y b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? Yes or no. If yes, provide details; �- c. Has the person, principal of the entity, entity, or any entity previously owned, cV operated or directed by any of its officers, major shareholders or directors, within cv the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested y in the specifications with private or public entities?Yes or no. If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? Yes or no. If c yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; 8. Customer references (minimum of three), including name, current address and current telephone number; 9. Credit references (minimum of three), including name, current address and current telephone number; 10. Audited financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity. ll Packet Pg. 1606 D.9.g The County reserves the right to request additional information related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the County deems necessary to enable the department ru and Board of County Commissioners to determine if the person responding is responsible. 2 Tab 9. County Forms Respondent shall complete and execute the forms specified below and located in this RFP, as well as copies of all insurance and occupational licenses and shall include them in this section, i.e. Tab 9: 2 Forms Submission Response Form Lobbying and Conflict of Interest Ethics Clause Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement Request of Waiver of Insurance Requirements (optional) Minority Owned Business Declaration Form c Vendor Certification regarding scrutinized companies Lists Certification Regarding Disbarment Anti-Lobbying Certification Form y Disclosure Form to Report Lobbying (Form-LLL) 2 COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and atthe locations stated in the Notice of Request for Proposals. 6. SUBMISSION OF RESPONSES In response to COVID-19, the Monroe County Purchasing Department will be implementing a new electronic process for receiving and opening sealed bids. Monroe y County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those who attend the bid opening. Please DO NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered bids/proposals/ responses will not be considered. LU Monroe County Purchasing requests that bids be submitted via email to 0. OMB-BIDS@MonroeCounty-Fl.gov no later than 3 pm on (Opening Date). Please submit your confidential financials in a separate email from your bid and required documents. Your subject line on both emails must read as follows: Environmental and Historical Review Services FOR COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY VOLUNTARY HOME BUYOUT PROGRAM 12 Packet Pg. 1607 D.9.g Files that do not contain this subject line will be rejected. Please note that the maximum file size that will be accepted by email is 25MB. Should your bid documents exceed 25MB, please email- omb-purchasing@monroecounty-fl.gov The bid opening for this solicitation will be held virtually via the internet at 3 pm on (opening date). You may call in via phone or internet using the following: Join Zoom Meeting E https-Hmcbocc.zoom.us/j/4509326156 Meeting ID: 450 932 6156 One tap mobile +16465189805„4509326156# US (New York) +16699006833„4509326156# US (San Jose) 0 Dial by your location +1 646 518 9805 US (New York) +1 669 900 6833 US (San Jose) y 0) A public notice will be issued regarding the Selection Committee meeting and how to attend that meeting virtually. Interested firms or individuals are requested to indicate their interest by submitting a proposal via email to - I Smonrocounty-fl. ov which must be received on or before 3.00 P.M. local time on , 2020.No proposals will be accepted after 3.00 P.M. Faxed proposals shall be automatically rejected. It is the sole responsibility y of each Respondent to ensure its proposal is received in a timely fashion. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. ru .2 c 7. DISQUALIFICATION OF RESPONDENT y A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact 13 Packet Pg. 1608 D.9.g business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $35,000.00 ru .2 c C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES c LISTS: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is y on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. F. The CONTRACTOR shall not be a debarred or suspended entity in accordance with 24 CFR 570.489(1). Any debarred or suspended entity shall be disqualified. c 8. EXAMINATION OF RFP DOCUMENTS T A. Each Respondent shall carefully examine the RFP and other contract documents and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the `5 part of the Respondent shall in no way relieve him/her of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 9. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the RFP and 14 Packet Pg. 1609 D.9.g contract documents. Any inquiry or request for interpretation received in writing ten (10) or more days prior to the date fixed for opening of responses will be given consideration. Questions should be directed, in writing, to: 76 Name Address Key West, Florida 33040 or by Facsimile to: (305) 292-4515 All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished to all known prospective Respondents listed as planholders prior to the established Proposal opening date. LU Each Respondent shall acknowledge receipt of such addenda in his/her Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his/her response will Ch nevertheless be construed as though it had been received and acknowledged and theCL submission of his/her response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such c addenda, whether or not received by him/her. It is the responsibility of each Respondent to verify that he/she has received all addenda issued before responses are opened. A 10. GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all0. federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. The following federal laws and regulations will apply to this Agreement: 24 CFR 570, 2 CFR 200 Part 200- Uniform Administrative Requirements, cost Principals and Audit Requirements .2 for Federal Awards (Attached as Exhibit XX), Federal Register Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register(FR) 5844. Also Attached is 2 CFR Part 200 Overview for Grantees (Grants Management & Oversight Division/Office of Strategic 2 Planning and Management) (Attached as Exhibit XX) c All funded activities under this agreement shall meet one of the three National Objectives listed in 24 C.F.R. 570.483(b), (c), and (d). The Community Development Block Grant — Disaster Recovery (CDBG-DR) allocation to the State of Florida is governed by the following laws and regulations: (a) The Housing and Community Development Act of 1974; (b) Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5155), as amended; CL (c) Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191 Duplication of Benefit (d) Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 FR 71060) Public Law 113-2: (e) Disaster Relief Appropriations Act, 2013 (at HR 152-34) (f) The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013 (g) HUD Federal Register Notice at 78 FR 23578 published April 19, 2013 15 Packet Pg. 1610 D.9.g (h) HUD Federal Register Notice at 78 FR 76154 published December 16, 2013 (i) The applicable laws of the State of Florida; and Q) By the laws and regulations promulgated by the State for the CDBG-DR program. (k) In addition to the citations noted, the CDBG-DR allocation is also subject to"cross-cutting" Federal requirements referenced herein and contained in 2 CFR 200 Sub-part F —Appendix 10.1 FEDERAL CHANGES Contractor or Sub-recipient shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in this Contract between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient, as such Federal regulations, policies, procedures and directives may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Reference: (49 CFR Part 18) 11. PREPARATION OF RESPONSES 0 Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, y the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 12. MODIFICATION OF RESPONSES Written modification will be accepted from Respondents via email as indicated in the Notice of Request for Proposals and received prior to Proposal due date and time. Modifications must be submitted via email to OMB-BIDS monroecouELyJ.gov with the following in the subject 2 line of the email "Modification to Proposal —Monroe County Proposal for Environmental c Review Services." Faxed modifications shall be automatically rejected. 13. RESPONSIBILITY FOR RESPONSE r_ The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 14. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud as stated in the Notice of Request for Competitive Solicitations. Monroe County's representative authorized to open the responses will decide when the specified time has arrived, and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly identified. Respondents or their authorized agents are invited to be present via the 16 Packet Pg. 1611 D.9.g zoom platform. 15. DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The contract shall be awarded based on the following criteria: • Experience with HUD CDBG-DR Program design and implementation within the past 10 years (20 points) • Experience with VHBP and/or Land Acquisition Programs (10 Points) • Experience conducting Environmental Reviews under NEPA to include Categorical Exclusion determinations (CATEX) and preparation of Environmental Assessments/Findings of No Significant Impact(EA/FONSI) (10 Points) • Experience providing environmental services, including, but not limited to, biological assessments, wetland delineations, Phase I & II ESAs, and Federal permitting (10 points) • Demonstrated internal capacity, qualified staffing and resources to effectively and efficiently execute all program elements (10 Points) • Price: Cost and Hourly Rates (40 Points) A The selection and recommendation will be presented to the Board of County Commissioners for final decision. If no contract can be negotiated with the first ranked proposer, the Board reserves the right to negotiate with the next selected proposer. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. 16. AWARD OF CONTRACT A. The County reserves the right to award separate contracts for the services based on geographic area or other, and to waive any informality in any response, or to re- advertise for all or part of the work contemplated. v, B. The County also reserves the right to reject the response of a Respondent who has , previously failed to perform properly or to complete contracts of a similar nature on time. C. Subject to DEO approval, the recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. LU CL 17. CERTIFICATE OF INSURANCE, INSURANCE REQUIREMENTS AND BONDS CL The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of E 17 Packet Pg. 1612 D.9.g Florida. Companies shall have an A.M. Best rating of VI or better. The required insurance shall be maintained at all times while Respondent is providing service to County. Worker's Compensation Statutory Limits Employers' Liability Insurance Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,500,000 Bodily Injury by Disease, each employee $1,000,000 Commercial General Liability, including Premises Operation ' Products and Completed Operations Blanket Contractual Liability Personal Injury Liability v, Expanded Definition of Property Damage 0 $5,000,000 Combined Single Limit/ per occurrence /general aggregate Coverage must include coverage for blanket contractual liability for the obligations assumed under y contract Vehicle Liability (Owned, non-owned, leased and hired or borrowed vehicles) $5,000,000 per Occurrence $5,000,000 Combined Single Limit Professional Liability $1,500,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. . The State of Florida shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior y written notice to the State of Florida. Certificates of Insurance shall be delivered to the State of Florida prior to the commencement of the agreement. THE POLICY SHALL LIST THE STATE OF FLORIDA AS CO-INSURED OR ADDITIONAL INSURED. r_ When required, the Contractor shall furnish a Performance and Payment Bond in a form .5 acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Performance and Payment Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, and 2 CFR 200.304 which are incorporated by reference herein. If contract amendments render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. 18. INDEMNIFICATION 18 Packet Pg. 1613 D.9.g The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the c County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. A The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. cv This indemnification shall survive the expiration or earlier termination of the contract. DEO INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Agency (COUNTY), the State of Florida, Department of Economic Opportunity, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited U to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by T the CONTRACTOR in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this E paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign immunity." CL 19. EXECUTION OF CONTRACT CL The Respondent will be required to execute a contract with the County (draft attached) for the services provided for in this RFP. The Respondent with whom a contract is negotiated shall be required to return to the County the prescribed Contract together with the required a certificates of insurance. 19 Packet Pg. 1614 D.9.g 20.BID PROTEST Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney's Office within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the notice of decision or intended decision on the Monroe County Board of County Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the BOCC's meeting date in which the award of contract by the BOCC will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set LU forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with Ch his/her name and residence prior to the agenda item to award the contract being called inCL order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) c minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times and manner prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless the BOCC y determines that it is in the best interest of the County to excuse the protest waiver. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. cv cv c T r_ LU CL CL 20 Packet Pg. 1615 D.9.g SECTION TWO: DRAFT CONTRACT AGREEMENT FOR Environmental & Historical Review Services This Agreement ("Agreement") made and entered into this day of 2020 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 2 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as LU "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 0 4- AND L a of the State of whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT", WITNESSETH: A WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Environmental Review Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Environmental and Historical Review Services, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ) c FORM OF AGREEMENT y ARTICLE 1 E C 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; a 1.1.2 The CONSULTANT has become familiar with the Project, Project site and the local conditions under which the work is to be completed; 21 Packet Pg. 1616 D.9.g 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT shall document its progress in performing its work under this Agreement and report its progress to the County on a monthly basis or upon request by the County. The monthly reports will include current status and progress and the expenditure of funds to date. The County will report the Contractor's progress to DEO in accordance with the Federally-Funded CDBG-DR Voluntary Home Buyout Program c Subrecipient Agreement. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent y with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County or the State of Florida. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County or the State of Florida. T 1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. > 1.1.9 The effective date of this AGREEMENT shall be The term of the AGREEMENT shall be for a two-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one-year increments for up to two (2) years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. 22 Packet Pg. 1617 D.9.g ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The period of performance or date of completion, and performance requirements shall be included in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon receipt of a written notice to proceed from the COUNTY. The notice to proceed will then be formalized into the form of a Task Order. The Task Order and must contain a description of the services to be performed, the time period within which services must be performed ("Completion Date") and the estimated cost, based upon the agreed upon rates, for the services to be performed under the task order. y 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its y subcontractors, or both. A 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid,to the COUNTY by certified mail, return receipt requested, to the following: Name Address Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator v, 1100 Simonton Street, Room 2-205 , Key West, Florida 33040 For the CONSULTANT: 0 TBD/ Include upon Award of Contract CL CL 23 Packet Pg. 1618 D.9.g ARTICLE III ADDITIONAL SERVICES 3.1 The services described in this Article III may be provided by the CONSULTANT (which are set forth below for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but should be in accordance with the agreed upon rates and only if approved by the COUNTY before commencement. A. Providing services of CONSULTANT for other than the previously listed scope of work for the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Environmental Review v, Services. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The v CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV N COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work and any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with y respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. r- 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors or other consultants. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents 24 Packet Pg. 1619 D.9.g are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ru .2 c 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. r- ARTICLE V 0 INDEMNIFICATION AND HOLD HARMLESS - The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, 0 its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, v including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors,or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents.In the event that the completion of the project (to include the work of others) is delayed or cv suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. c The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for v, the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 0 This indemnification shall survive the expiration or earlier termination of the Agreement. DEO INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Agency (COUNTY), the State of Florida, Department of Economic Opportunity, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. E 25 Packet Pg. 1620 D.9.g This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign immunity." 2 ARTICLE VI PERSONNEL C 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 0 NAME FUNCTION y To be Completed Upon Award of Contract A 2 cv cv So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION y 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is 248,000. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either 26 Packet Pg. 1621 D.9.g upward or downward; > (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation sufficient for reimbursement of expenses by Florida Department of Economic Opportunity, U.S. Department of Housing and Urban Development or other governmental agencies. 0 (C) Payment shall be made pursuant to the Local Government Prompt Payment y Act, 218.70, Florida Statute. 7.3 REIMBURSABLE EXPENSES c "Fully Loaded Hourly" Rates shall be inclusive of all reimbursable expenses. M If"Hourly Rates" are used reimbursement for expenses may be allowed as follows: Reimbursable expenses include expenses incurred by the CONSULTANT in the0. interest of the project: .� A. Expenses of transportation submitted by CONSULTANT, in writing, and expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes and the rules promulgated hereunder and 2 CFR 200.474; B. Cost of reproducing maps or drawings or other materials used in performing the scope of services; C. Postage and handling of reports; c 7.4 BUDGET T 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an > affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 27 Packet Pg. 1622 D.9.g ARTICLE VIII INSURANCE AND BONDS .2 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The Contractor shall furnish a Performance and Payment Bond in a form acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Performance and Payment Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If contract amendments render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. 8.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent v for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty(60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. cv 8.4 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering y claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. r- D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or 0. subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may 28 Packet Pg. 1623 D.9.g be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. F. CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. r_ G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated c financial statements from the fund upon request from the COUNTY. I. The State of Florida shall be furnished with a certificate of insurance, which shall y provide that such insurance shall not be changed or canceled, without ten days prior written notice to the State of Florida. Certificates of Insurance shall be delivered to the State of Florida prior to the commencement of the agreement. THE POLICY SHALL LIST THE STATE OF FLORIDA AS CO-INSURED OR ADDITIONAL INSURED CD ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS c Section headings have been inserted in this Agreement as a matter of convenience of v, reference only, and it is agreed that such section headings are not a part of this , Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 0 The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This 29 Packet Pg. 1624 D.9.g paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. DEO directs that the Contractor or Sub-recipient/Monroe County shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee/DEO thereto; provided, however, that claims for money due or to become due to the contractors from the Grantee/DEO under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee/DEO. LU 9.4 NO THIRD-PARTY BENEFICIARIES Ch Nothing contained herein shall create any relationship, contractual or otherwise, withCL or any rights in favor of, any third party. 0 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of y service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the �-- other party thirty(30) days written notice of its intention to do so. cv C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may y also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one thirty (30) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds 30 Packet Pg. 1625 D.9.g remaining in the contract. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 2 .5 F. Termination 0 (a) The Federal award may be terminated in whole or in part as follows: (1) By the Federal awarding agency or the State of Florida, if a Contractor or Sub-recipient fails to comply with the terms and conditions of a Federal award; c (2) By the Federal awarding agency or the State of Florida for cause; (3) By the Federal awarding agency or the State of Florida with the consent of the Contractor or Sub-recipient, in which case the two parties must agree y upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; or (4) By the Contractor or Sub-recipient upon sending to the Federal awarding agency or the State of Florida written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or State of Florida determines in the case of partial termination that the reduced or modified portion of the Federal award or sub-award will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or State of Florida may terminate the Federal award in its entirety. (b) When a Federal awarding agency terminates a Federal award prior to the end of the period of performance due to the Contractor or Sub-recipient 's material failure to comply with the Federal award terms and conditions, the Federal c awarding agency must report the termination to the OMB-designated integrity and performance system accessible through SAM. (1) The information required under paragraph (b) of this section is not to be reported to designated integrity and performance system until the Contractor or Sub-recipient either— (i) Has exhausted its opportunities to object or challenge the `5 decision, see §200.341 Opportunities to object, hearings and appeals; or (ii) Has not, within 30 calendar days after being notified of the termination, informed the Federal awarding agency that it intends to appeal the Federal awarding agency's decision to terminate. (2) If a Federal awarding agency, after entering information into the designated integrity and performance system about a termination, subsequently: (i) Learns that any of that information is erroneous, the Federal awarding agency must correct the information in the system within 31 Packet Pg. 1626 D.9.g three business days; > W (ii) Obtains an update to that information that could be helpful to other Federal awarding agencies, the Federal awarding agency is ru strongly encouraged to amend the information in the system to incorporate the update in a timely way. (3) Federal awarding agencies, shall not post any information that will be made publicly available in the non-public segment of designated integrity and performance system that is covered by a disclosure exemption under the Freedom of Information Act. If the Contractor or Sub-recipient asserts within seven calendar days to the Federal awarding agency who posted the information, that some of the information made publicly available is covered by a disclosure exemption under the Freedom of Information Act, the Federal awarding agency who posted the information must remove the LU posting within seven calendar days of receiving the assertion. Prior to reposting the releasable information, the Federal agency must resolve the Ch issue in accordance with the agency's Freedom of Information ActCL procedures. (c) When a Federal award is terminated or partially terminated, both the Federal c awarding agency or State of Florida and the Contractor or Sub-recipient remain responsible for compliance with the requirements in 2 CFR 200.343 Closeout and 2 CFR 200.344 Post-closeout adjustments and continuing responsibilities. y References: (2 CFR 200.339; 78 FR 78608, Dec. 26, 2013, as amended at 80 FR 43309, July 22, 2015) For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 2 c 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda,the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A-Scope of Services and Pricing- Compensation and Rates, and modifications made after . execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public 32 Packet Pg. 1627 D.9.g entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. 0 In addition to the foregoing, CONSULTANT further represents that there has been no y determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" c regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. A CONSULTANT will promptly notify the COUNTY if it or any subcontractor or a, CONSULTANT is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE AND RETENTION OF RECORDS, ACCESS TO RECORDS AND W RIGHT TO AUDIT `V cv CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of Three (3) years from the submission of the final expenditure report as per 24 CFR§570.502(a)(7)(ii) and 2 CFR 200.333, whichever is greater. (See below Record Retention Requirements). Any audit working papers must be available upon request for a period of six (6) years from the date DEO issues the final closeout of the Federally Funded CDBG-DR Voluntary Home T Buyout Program Subrecipient Agreement, unless it is extended by DEO. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that `5 monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant CL to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Record Retention Requirements: In accordance with 2 CFR 200.333, the Contractor agrees financial records, supporting documents, statistical records, and all other Contractor records pertinent to a Federal award shall be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards 33 Packet Pg. 1628 D.9.g that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or the State of Florida in the case of a sub-recipient. Federal awarding agencies and the State of Florida may not impose any other record retention requirements upon Contractor. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the Contractor or Sub-recipient/County is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or State of Florida to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. LU (d) When records are transferred to or maintained by the Federal awarding agency or the State of Florida, the 3-year retention requirement is not applicable to the Contractor Ch CL or Sub-recipient. Reference: Access to Records: The Consultant/Contractor agrees that the Federal awarding c agency, Inspector General, the Comptroller General of the United States, and the State of Florida, or any of their authorized representatives, have the right of access to any documents, papers, or other records of the Consultant/Contractor or Sub- y recipient/Monroe County which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the Contractor or Sub-recipient's personnel for the purpose of interview and discussion related to such documents in accordance with 2 CFR 200.336 Right to Audit cv Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence v, deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to LU inspection and subject to audit and/or reproduction by County's representative and/or 0. agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the CL distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and 34 Packet Pg. 1629 D.9.g activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay ru the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall Ch not be subject to arbitration. Mediation proceedings initiated and conducted pursuantCL to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. c 9.10 UNCONTROLLABLE CIRCUMSTANCES M Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, �-- was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting .2 work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within Five (5) days of any event or circumstance that is T reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable E Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The .5 Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and 35 Packet Pg. 1630 D.9.g shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.12 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing > party, and shall include attorney's fees and courts costs in appellate proceedings. 0 9.13 BINDING EFFECT y The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal c representatives, successors, and assigns. 9.14 AUTHORITY y Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 CLAIMS FOR FEDERAL OR STATE AID `V cv CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any additional conditions imposed as a result of funding that effect the Project will be provided to each party. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS, DIRECTIVE BY DEO ON BREACHES AND DISPUTE RESOLUTION T COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions. Subject to the Directive by DEO on Breaches and Dispute Resolution below, if the issue or issues are still not resolved to > the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. Directive by DEO on Breaches and Dispute Resolution (a) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized 36 Packet Pg. 1631 D.9.g representative of the State of Florida Department of Capital Planning and Resiliency's Administrator or designee. This decision shall be final and conclusive unless within [ten (10)] calendar days from the date of receipt of its copy, the Contractor or Sub-recipient ru mails or otherwise furnishes a written appeal to Administrator or designee. In connection with any such appeal, the Contractor or Sub-recipient/County shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of Administrator or designee shall be binding upon the Contractor or Sub- recipient/County and the Contractor or Sub-recipient/County shall abide by the decision. (b) Performance During Dispute - Unless otherwise directed by to the State of Florida Department of Capital Planning and Resiliency, Contractor or Sub-recipient/County shall continue performance under this Contract while matters in dispute are being resolved. LU (c) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his Ch CL employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. c (d) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient arising out of or relating to n this agreement or its breach will be decided by arbitration in the State of Florida Department of economic opportunity if the parties mutually agree, or in a court of competent jurisdiction within the State in which the State of Florida Department of economic opportunity is located. (e) Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the State of Florida Department of Capital Planning and Resiliency, Sub-Recipient/County or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. References: 49 CFR Part 18 .2 c T 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the 37 Packet Pg. 1632 D.9.g court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) ru which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be c amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity y or expression, familial status or age; familial status or age; 11) Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; 12) Section 109 of title 1 of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309); and 13) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. cv cv During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: c 1) The contractor will not discriminate against any employee or applicant for T employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: `5 Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual 38 Packet Pg. 1633 D.9.g orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish LU information. Ch 4) The contractor will send to each labor union or representative of workers with whichCL 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 c workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. y 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the0. Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses 2 of this contract or with any of such rules, regulations, or orders, this contract may y be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. `5 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with 39 Packet Pg. 1634 D.9.g a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. ru .2 c In accordance with the subrecipient Agreement with DEO the following equal employment opportunity and civil right requirements apply: a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, Equal Employment Opportunity, as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during c employment,without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates y of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the 2 Contractor agrees to comply with any implementing requirements HUD may issue. y (References: Executive Order 11246 September 24, 1965 as amended by Executive - Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations 41 CFR chapter 60) d) Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor or Sub-recipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor or Sub-recipient agrees to comply with applicable Federal implementing regulations and other implementing requirements HUD may issue. e) The Contractor or Sub-recipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. f) The Contractor or Sub-recipient agrees to comply with Title VI of the Civil Rights 40 Packet Pg. 1635 D.9.g Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with ru Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. (References: 29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112,42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.) 9.19 COVENANT OF NO INTEREST 2 .5 CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.20 CODE OF ETHICS/ CONFLICT OF INTEREST COUNTY agrees that officers and employees of the COUNTY recognize and will be y required to comply with the standards of conduct for public officers and employees as 0) delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual W relationship; and disclosure or use of certain information. cv cv CONTRACTOR/CONSULTANT certifies that there is no present conflict of interest, and that CONTRACTOR/CONSULTANT has no knowledge of any conflict of interest. CONTRACTOR/CONSULTANT are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the COUNTY, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work .2 for the COUNTY should avoid any conduct (whether in the context of business, y financial, or social relationships) which might undermine the public trust, whether or - not that conduct is unethical or lends itself to the appearance of ethical impropriety. CONTRACTOR/CONSULTANT agrees not to solicit or accept gratuities, unwarranted privileges or exemptions,favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the COUNTY or may otherwise be a violation of the law. Any person who is an employee, agent, consultant, officer, or elected official or appointed official of the State of Florida, or of any of the State's subsidiaries, who exercises or have exercised any functions or responsibilities with respect to CDBG activities assisted, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom 41 Packet Pg. 1636 D.9.g they have business or immediate family ties, during their tenure or for one year after such decision making responsibilities have ended. (Reference: 2 CFR 200.112) .2 c 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS REQUIREMENTS, COPYRIGHT, PATENT, AND TRADEMARK PROPERTY AND INTELLECUTAL PROPERTY Public Records Compliance. CONSULTANT must comply with Florida public records y laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the -- provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. cV The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public y Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: r- (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that 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 contract term and following completion of the contract if the 42 Packet Pg. 1637 D.9.g CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public 2 records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 0 (5) A request to inspect or copy public records relating to a County contract must be . made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the A County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise v, dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE 2 APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS ® RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- E 3470 BRADLEY- BRIAM&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. CL CL Copyright, Patent, Trademark Within 30 calendars days of execution of this Agreement, the CONTRACTOR shall disclose all intellectual properties relating to performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The CONTRACTOR 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 the County and DEO shall have the right to all patents and copyrights which accrue during performance of the Agreement. 43 Packet Pg. 1638 D.9.g The State of Florida Department of economic opportunity reserves a royalty-free, > W nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: The copyright in any work ru developed under the Contract, and to any rights of copyright to which a Contractor, Sub-contractor or a Sub-recipient purchases ownership with grant support. (Reference: 24 CFR Subtitle A. 85.34 Copyrights) Intellectual property. 2 CFR §200.448-Intellectual property shall apply to this Agreement as set forth below: (a) Patent costs. (1) The following costs related to securing patents and copyrights are allowable: (i) Costs of preparing disclosures, reports, and other documents required by the Federal award, and of searching the art to the extent necessary to make such LU disclosures; (ii) Costs of preparing documents and any other patent costs in connection with the Ch filing and prosecution of a United States patent application where title or royalty-freeCL license is required by the Federal Government to be conveyed to the Federal Government; and c (iii) General counseling services relating to patent and copyright matters, such as advice on patent and copyright laws, regulations, clauses, and employee intellectual property agreements (See also § 200.459 Professional service costs). y (2) The following costs related to securing patents and copyrights are unallowable: (i) Costs of preparing disclosures, reports, and other documents, and of searching the art to make disclosures not required by the Federal award; (ii) Costs in connection with filing and prosecuting any foreign patent application, or any United States patent application, where the Federal award does not require conveying title or a royalty-free license to the Federal Government. (b) Royalties and other costs for use of patents and copyrights. (1) Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent, or rights thereto, necessary for the proper performance of the Federal award are allowable unless: (i) The Federal Government already has a license or the right to free use of the patent or copyright. (ii) The patent or copyright has been adjudicated to be invalid, or has been administratively determined to be invalid. c (iii) The patent or copyright is considered to be unenforceable. T (iv) The patent or copyright is expired. (2) Special care should be exercised in determining reasonableness where the royalties may have been arrived at as a result of less-than-arm's-length bargaining, such as: 2 (i) Royalties paid to persons, including corporations, affiliated with the non-Federal `5 entity. LU (ii) Royalties paid to unaffiliated parties, including corporations, under an agreement CL entered into in contemplation that a Federal award would be made. CL (iii) Royalties paid under an agreement entered into after a Federal award is made to a non-Federal entity. (3) In any case involving a patent or copyright formerly owned by the non-Federal entity, the amount of royalty allowed must not exceed the cost which would have been allowed had the non-Federal entity retained title thereto 9.23 NON-WAIVER OF IMMUNITY 44 Packet Pg. 1639 D.9.g Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 0 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES M 0) Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely < performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not `V intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT T and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have E entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price 45 Packet Pg. 1640 D.9.g and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. L. U) 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS Ch This Agreement may be executed in any number of counterparts, each of which shall CL be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing c any such counterpart. 9.30 COMPLIANCE WITH LAWS AND REMEDIES FOR NONCOMPLIANCE y The CONTRACTOR shall comply with and is bound by all applicable Local, State, and Federal laws, rules and regulations. The following federal laws and regulations will apply to this Agreement: 24 CFR 570, 2 CFR Part 200- Uniform Administrative Requirements, cost Principals and Audit Requirements for Federal Awards (Attached as Exhibit xx, and Federal Register Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844. The Community Development Block Grant—Disaster Recovery(CDBG-DR) allocation to the State of Florida is governed by the following laws and regulations: a. The Housing and Community Development Act of 1974; b. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5155), as amended; c. Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191 Duplication of Benefit c d. Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 T FR 71060) Public Law 113-2: e. Disaster Relief Appropriations Act, 2013 (at HR 152-34) f. The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013 g. HUD Federal Register Notice at 78 FR 23578 published April 19, 2013 h. HUD Federal Register Notice at 78 FR 76154 published December 16, 2013 i. The applicable laws of the State of Florida; and j. By the laws and regulations promulgated by the State for the CDBG-DR program. k. In addition to the citations noted, the CDBG-DR allocation is also subject to"cross- cutting" Federal requirements referenced herein and contained in 2 CFR 200 Sub-p Federal Changes FEDERAL CHANGES: Contractor shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in this Contract between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient, as such Federal regulations, policies, procedures and directives may be amended or promulgated from 46 Packet Pg. 1641 D.9.g time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Reference: (49 CFR Part 18) .2 c Remedies for Noncompliance If a Contractor or sub-recipient/County fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or the State of Florida may impose additional conditions, as described in 2 CFR 200.207 Specific conditions. If the Federal awarding agency or the State of Florida determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or the State of Florida may take one or more of the following actions, as appropriate in the circumstances: (a) Temporarily withhold cash payments pending correction of the deficiency by the LU Contractor or Sub-recipient/County or more severe enforcement action by the Federal awarding agency or State of Florida. Ch (b) Disallow (that is, deny both use of funds and any applicable matching credit for) allCL or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the Federal award. c (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a State of Florida, recommend such a proceeding be initiated by a Federal awarding agency). y (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. Reference: (2 CFR 200.338) cv cv 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 9.31.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by c Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) 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. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The prevailing wages determination issued by the Department of Labor and included in the Request for Proposals will apply. The decision to award a contract or 47 Packet Pg. 1642 D.9.g subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply 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"). As required by the Act, each contractor or subrecipient is 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 COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. §874,40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts y the clause above and such other clauses as the FEMA may by appropriate y instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. -- (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the ru employment of mechanics or laborers must comply 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 compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the 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 in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and 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. 9.31.3 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 E 48 Packet Pg. 1643 D.9.g 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. 9.31.4 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies LU to Contracts and subgrants of amounts in excess of$150,000. Ch 9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contractCL award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with c the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, y suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.6 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. Each tier shall also disclose the name of any registrant under U the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf c with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the State of Florida Department of Capital Planning and Resiliency. References: (31 U.S.C. 1352 as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65; 49 CFR Part 19, 49 CFR Part 20) .5 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative 49 Packet Pg. 1644 D.9.g procurement program for procurement of recovered materials identified in the EPA guidelines. 76 Other Federal Requirements: 9.31.8 Compliance with Section 3 of the Housing and Urban Development Act of 1968 - 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, but not in derogation of compliance with Section 7(b). The CONTRACTOR should review the DEO Subrecipient Agreement for further guidance and required forms. r- 9.31.9 Americans with Disabilities Act of 1990, as amended (ADA) -The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the LU Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. Ch CL 9.31.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall c have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement.The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The y COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts.The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the y CONTRACTOR shall take the following affirmative steps to assure that minority - businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: r- (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the 50 Packet Pg. 1645 D.9.g Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.31.11 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. LU 9.31.12 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the U.S. Department of Housing and Urban Development (HUD) and the State of Florida, Department of Economic Opportunity (DEO) access to records, accounts, documents, information, facilities, and staff. c Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by HUD or DEO 2. Give HUD or DEO access to and the right to examine and copy records, accounts, and other documents and y sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by HUD and DEO regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate HUD and DEO officials and maintain appropriate backup documentation to support the reports. 9.31.13 Logo and Flags: Contractor shall not use the Department of Housing and Urban Development (HUD) seal(s), logos, crests, or reproduction of flags or likeness of HUD agency officials without specific approval. 9.31.14 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative y agreement that may fund this Project and be reasonable for the completion of the - Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 9.32 DEO requirements 9.32.1 If any portion of this agreement is funded by the Florida Department of Economic Opportunity, The CONTRACTOR will be bound by the terms and conditions of the CL Federally-Funded Community Development Subaward and Grant Agreement CL between COUNTY and the Florida Department of Economic Opportunity (DEO) (Attached Hereto as Exhibit XV. 9.21.2 The CONTRACTOR shall hold DEO and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 51 Packet Pg. 1646 D.9.g 9.21.3 9.32.3 Religious Activities: The Contractor or Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or ru proselytization. Applicable to Professional Services Contracts 1. Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed LU necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the contractors within 30 days after receipt by the contractors. Failure of the Contractor to comply with the above inspection L requirements will constitute a violation of this contract and may result in Remedies for Non- Compliance or Termination as provided for in the Contract. 2. Section 3 y The State of Of Florida requires the Contractor and all applicable sub-contractors to follow the A State's Section 3 requirements as defined by the State's Section 3 Plan. 0 3. Minority Owned, Woman Owned or Section 3 Business Utilization CD N The State of Florida requires the Contractor meet or exceeds the Contractors stated proportional use of Minority Owned, Woman Owned or Section 3 Business that the Contractor stated in responding to the Request for Proposals or Request for Qualification. The Contractor understands and agrees that failure to meet this requirement may result in termination or such other sanctions as may be solely determined by the State. a, Applicable to Construction Contracts 1. Bonds No surety will be accepted by the State if the Bidder is now in default or delinquent on any bond or has an interest in any litigation against the State. All bonds shall be executed by surety companies licensed to do business in the State of Oklahoma and acceptable to the State Council. Each bond shall be executed by the Contractor and the Surety. .5 r_ The State requires a Bid Bond to be submitted at the time of the Bid LU CL The State requires a Maintenance Bond, a Performance Bond and a Statutory Bond for Bidders entering into a contract with the State Bid Bond Bidders will include a bid bond, bank check or irrevocable letter of credit for 5% of the bid if the bid is over $50,000. Upon award of bid, bonds shall be submitted to the State of Florida. Maintenance Bond: 52 Packet Pg. 1647 D.9.g A good and sufficient Maintenance Bond shall be required in an amount equal to one hundred (100) percent of the total amount of the contract, guaranteeing such improvements against defective workmanship and/or materials for a period of one (1) year from and after the time of ru completion and acceptance by the State of said improvements. Performance Bond: A good and sufficient Performance Bond shall be required in an amount equal to one hundred (100) percent of the total contract amount guaranteeing execution and completion of the work in accordance with the specifications. Statutory Bond: A good and sufficient Statutory Bond shall be required in an amount equal to one hundred (100) percent of the total contact amount guaranteeing payment in full for all materials and labor used in the construction of the work. > 0 2. Contract Work Hours and Safety Standards Act y CL The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees 0 that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. M Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the �-- furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1)directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials, which will become an integral part of the construction, is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available .2 on the open market. c T 3. Davis Bacon Act A. Minimum wages 1) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a LU week, and without subsequent deduction or rebate on any account (except such payroll CL deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. 53 Packet Pg. 1648 D.9.g 2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) ru of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a Ch prominent and accessible place where it can be easily seen by the workers. 0. 3) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe y benefits therefore only when the following criteria have been met: M a. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be 0. performed by the classification requested is not performed by a classification in the wage determination; and cv b. The classification is utilized in the area by the construction industry; and c. The proposed wage rate, including any bona fide fringe benefits, bears as reasonable relationship to the wage rates in the wage determination; and d. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. B. If the contractor and the laborers and mechanics to be employed in the classification (if .2 known), or their representatives, and the contracting officer agree on the classification and y wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. C. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a 54 Packet Pg. 1649 D.9.g determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. D. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe 2 benefit or an hourly cash equivalent thereof. LU (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the . Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not y listed in the wage determination and which is to be employed under the contract shall be classified A in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification n action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Withholding —the State of Florida Department of economic opportunity shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or 55 Packet Pg. 1650 D.9.g cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [insert name of grantee] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and basic records Lu (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and Ch mechanics working at the site of the work (or under the United States Housing Act of 1937, orCL under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her c correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions y made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the State of Florida Department of economic opportunity for transmission 2 to the Federal Transit Administration. The payrolls submitted shall set out accurately and c completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005- 00014-1)7 U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the `5 contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and 56 Packet Pg. 1651 D.9.g fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Apprentices and trainees c Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and y Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the T contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 57 Packet Pg. 1652 D.9.g individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan ru approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be c permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Equal employment opportunity - The utilization of apprentices, trainees and journeymen under y this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements -All rulings and interpretations y of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein - incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility-(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). References: 40 U.S.C. & 167; 27a-276a-5 (1998), 29 CFR § 5 (1999) 58 Packet Pg. 1653 D.9.g 4. Section 3 The State of Florida requires the Contractor and all applicable sub-contractors to follow the State's Section 3 requirements as defined by the State's Section 3 Plan. .2 c 5. National Environmental Policy Act (NEPA) The Contractor understands and agrees that no action may be taken by the Contractor until such time as the State of Florida has provided a signed and executed Notice to Proceed; The Contractor agrees to follow the requirements of 24 CFR Part 58 (NEPA), as applicable. 6. Clean Air LU The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec.. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in y CL turn, report each violation as required to assure notification and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Assurances provided by HUD. y References: 42 U.S.C. 7401 et seq., 40 CFR 15.61, 49 CFR Part 18 A 7. Clean Water The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the State of Florida Department of economic opportunity and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notifications the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with HUD. References: 33 U.S.C. 1251 c 8. Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Reference (42 U.S.C. 6321 et. Seq., 49 CFR Part 18) 9. Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000) 59 Packet Pg. 1654 D.9.g 10. Federal Register i. Public Law ii. Federal register notices (list that apply to FL) 2 TERMINATION AND DEBARMENT PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq., 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307 E The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, ' "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may y make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil y Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal -- Government under a contract connected with a project that is financed in whole or in part with Federal Assurances originally awarded by HUD, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in 2 whole or in part with Federal Assurances provided by HUD. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Order 12549 (over $25,000) y Instructions for Certification By Signing and submitting this bid, the prospective lower tier participant is providing the singed certification set out below: The certification in this clause is a material representation of fact upon which reliance LU was placed when this transaction was entered into. If it is later determined that the 0. prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the State of Florida Department of economic opportunity may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the State of Florida Department of economic opportunity if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become 60 Packet Pg. 1655 D.9.g erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "Contractor," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the State of Florida Department of economic opportunity for Assurances in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this bid that, should the E proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized LU in writing by the State of Of Florida Department of Capital Planning and Resiliency. The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, y ineligible, or voluntarily excluded from the covered transaction, unless it knows that the 0) certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration. .� Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business y dealings. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the State of Florida Department of economic opportunity may pursue y available remedies including suspension and/or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" The prospective lower tier participant certifies, by submission of this bid, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this bid. 61 Packet Pg. 1656 D.9.g (2) Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the contractors shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the E United States are beneficiaries of and entitled to enforce such covenants. The contractors, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. (3) Section 504 The contractors agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the contractors with any y guidelines necessary for compliance with that portion of the regulations in force during 0) the term of this Agreement. (4) The Contractor also agrees to include these requirements in each subcontract .� financed in whole or in part with Federal Assurances provided by HUD, modified only if necessary to identify the affected parties. AFFIRMATIVE ACTION' Approved Plan The contractors agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the contractors to assist in the formulation of y such program. Women and Minority Owned Businesses The contractors will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to LU participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish- heritage Americans, Asian-Americans, and American Indians. The contractors may rely on written representations by businesses regarding their status as minority and female 62 Packet Pg. 1657 D.9.g business enterprises in lieu of an independent investigation. C. Notifications The contractors 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 contractors commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. Subcontract Provisions 2 The contractors will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own contractors or subcontractors. 0 COPELAND "ANTI-KICKBACK" 40 U.S.C. § 276c (1999), 29 C.F.R. § 3 (1999), 29 C.F.R. § 5 (1999) The contractor shall comply with the requirements of 29 CFR part 3, which are y incorporated by reference in this contract, specifically Davis Bacon Act. CONTRACT WORK HOURS AND SAFETY STANDARDS 40 U.S.C. §§ 327 -333 (1999), 29 C.F.R. § 5 (1999), 29 C.F.R. § 1926 (1998) W Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless y such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor y and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty LU hours without payment of the overtime wages required by the clause set forth in 0. paragraph (1) of this section. Withholding for unpaid wages and liquidated damages - the State of Florida Department of economic opportunity shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work 63 Packet Pg. 1658 D.9.g Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. E Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of LU the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the y Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the .� commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors y employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. c Ln The Remainder of this Page Intentionally Left Blank E r_ CL CO 64 Packet Pg. 1659 D.9.g IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. .2 c (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: CONTRACTOR 0 By: Title: A STATE OF: > 2 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online cv notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC 2 My Commission Expires: CL END OF AGREEMENT 65 Packet Pg. 1660 D.9.g ATTACHMENT A SCOPE OF WORK AND PRICING 76 .2 c Include Period of Performance or Date of Completion and Performance requirements. The environmental review services may include but are not limited to: • Assess each VHBP project site to verify the level of environment review required. • Conduct site visit to project location and completion of a field observation report. • Complete and submit the environmental review to DEO. Lu • Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings v, CL • Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance • Perform special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, y architectural review, Phase I and II ESAs, USACE permits. • The vendor must accomplish a Categorical Exclusion, an Environmental Assessment, a FONSI, a Phase I and a Phase II assessment. • Prepare responses to comments received during comment phase of the environmental �-- review, including State/Federal Agency requiring further studies and/or comments from public or private entities during the public comment period cV • Coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization. • Prepare public notices including, but not limited to the Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds floodplain/wetland early and final notices in required order and sequence • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43 • Process environmental review and clearance in accordance with NEPA • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required • Prepare and submit monthly status report in a format that is mutually agreed upon by the Contractor and the County. Lu • Participate in regularly scheduled progress meetings with Monroe County staff as CL required. CL The historic review services may include but are not limited to: • Historical preservation reviews under Sec. 106 of the National Historic Preservation Act of 1966 (54 U.S.C. Section 306108) following the required Professional Qualification Standards as set forth in 36 CFR Part 61. • Perform site visits and conduct all necessary required inspections; 66 Packet Pg. 1661 D.9.g • Evaluate and submit report of findings for the Historical Review • Prepare all necessary compliance reports and forms for quality control; • Participate in meetings and/or conference calls to discuss project(s) and the Historical .2 Review and propose/coordinate strategies for resolving issues; • Expedite procedures required by the Department of Housing and Urban Development (HUD)for specific Community Development Block Grant for Disaster Recovery programs. • Gather all necessary data to conduct an historic review in compliance with federal, state, and local rules, regulations and requirements including online research, site visits, historic preservation office data E • Delineate area of potential impacts, identify affected parties, provide recommendation for treatment and mitigation • Collect and enter historical review data into project data management system LU • Review the documents for completeness and evaluate the level of review which may be required for each project Ch CL • Prepare maps for use in consultation and site inspection • Coordinate with all internal and external stakeholders as required • Conduct archaeological studies and architectural surveys if required • Inspect the site and immediate vicinity to collect needed information not accessible in a desktop review y A 2 cv cv c r- 2 LU 0. 67 Packet Pg. 1662 D.9.g EXHIBIT XX DEO SUBRECIPIENT AGREEMENT WITH MONROE COUNTY 0 c� C 0 0 Ch CL A 0 cv CD cv 0 C 0 CL CL EXHIBIT XX 2 CFR PART 200 (Insert pdf document here) 1 ¢' Packet Pg. 1663 D.9.g c c� c 2 0 Ch CL A 2 cv CD cv 0 c 0 CL CL LU Packet Pg. 1664 D.9.g Exhibit XX 2 CFR Part 200 Overview for Grantees 2 Grants Management & Oversight Division/Office of Strategic Planning and Management Y DEFINITIONS � Definitions were revised and broadened to cover all the requirements and the categories of r_ 0 assistance. > • Cognizant A _gene 0 Generally, the cognizant agency is the Federal agency with the largest dollar value of total � Federal awards with a governmental unit or nonprofit entity. (See 2 CFR 200.19). The cognizant U_ W agency is the lead agency that a non-Federal entity deals with on issues. For example, the lead - agency for some HUD recipients for indirect cost rates may be HHS if HHS provides the most funding to the recipient. (See also the explanation under §200.108. Inquiries). The cognizant agency for audit is the Federal agency designated to carry out the responsibilities for audit. (See 2 CFR 200.18.) • Contractor. (New) Contractor is used rather than the term "vendor," which was used in OMB Circular A- 133. (New) Contractor means an entity that receives a contract. (See 2 CFR 200.23) This definition is revised, as the new definition looks at the nature of the relationship, rather than what the document/agreement is called(2 CFR 200.22.) (See also 2 CFR 200.330. Subrecipient and contractor determinations. ) • Federal financial assistance. This section essentially incorporates the requirements in the previous OMB circular for the U? administrative requirements, cost principles, and audit requirements. (See 200.40) c • Federal award. Federal award, depending on the context, can mean either(a)the Federal financial assistance, or (b)the document that provides the assistance, e.g. the grant, cooperative agreement or cost reimbursement contract. (See 2 CFR 200.38) E 0 • Fixed Amount Award. (New) > r_ In this type of award,the Federal Agency or pass through entity provides a specific level of support without regard to actual costs incurred. Accountability is based primarily on U_ performance and results. (See 2 CFR 200.45.) c. • Micro-Purchase. (New) > This is a new category of supplies or services which uses simplified acquisition procedures that can be used by non-Federal entities. The micro-purchase threshold (floor) is set by the Federal Acquisition Regulation. (See 48 CFR 2.101) At the present time, it is generally $3,000. The a threshold is periodically adjusted for inflation. (See 2 CFR 200.67) 3 Packet Pg. 1665 D.9.g • Non-Federal entity. (New) Non-Federal entity means a state, local government, Indian tribe, institution of higher education a� (IHE), or nonprofit organization that carries out a Federal award as a recipient c C 2 0 Ch CL A 2 cv CD cv c C 2 CL CL LLJ Packet Pg. 1666 D.9.g or subrecipient. This is the term that is used in the regulation instead of, for example, grantee. (See 2 CFR 200.69) State no longer includes Indian tribe. (See 2 CFR 200.90) c Local governments, which are specifically defined, include public housing authorities. (See 2 CFR 200.64) • Pass- Through Entity. Pass-through entity means a non-Federal entity that provides a subaward to a subrecipient to carry 2 out part of a Federal program. This could include a state,which could"pass funding through" to a5 county or local government, or nonprofit. (See 2 CFR 200.74) 0 • Subrecipient. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program. This definition is revised from the circulars. (See 2 CFR - 200.93) A HUD IMPLEMENTATION. > HUD is required to implement 2 CFR 200 unless different provisions are required by Federal 2 statute, are in a conforming regulation, or are otherwise approved by OMB. (See sections 2 CFR 200.102 c . 2 CFR 200.106.) cv For Federal awards under 2 CFR 200 all administrative requirements,program manuals, handbooks and other non-regulatory materials that are inconsistent with the uniform requirements must be superseded except to the extent they are required by statute or authorized by OMB. (See 2 CFR 200.105.) This means that handbooks and other guidance that are inconsistent with 2 CFR 200 would need to be revised for the changes in the rule. Federal agencies categorize Federal financial assistance as, for example, grants or cooperative agreements, and this information will appear as the actual document. (See 2 CFR 200.101) v, EFFEC-FIVE DATES. C The requirements in 2 CFR 200 are phased in for specific requirements in various stages as follows: (See 2 CFR 200.110.) LU a. Grant Agreements: Many HUD grant agreements are written to be governed by the regulations in effect as of the date the agreement was signed. c. Grants/Cooperative Agreements awarded before December 26, 2014 (the date the 2 CFR 200 rules became effective) and not modified on or after that date, are governed by 24 CFR Part 84- Uniform Administrative Requirements for Grants and Agreements with Institutions for Higher Education, Hospitals, and other Nonprofit organizations or24 CFR Part 85 —Administrative a) E 5 Packet Pg. 1667 D.9.g Requirements for Grants and Cooperative Agreements to State, Local and Indian Tribal Governments, effective in December 2013. For example, some grant agreements may contain the following language: "This Agreement will be governed and controlled by the following, in effect as of the date of the Agreement. The Act the NOFA, and HUD regulations, laws and policies incorporated into the NOFA. In this case, an agreement signed November 1, 2013, would be governed by the regulations in effect in November, 2013. E Where the terms of a HUD award made prior to December 26, 2014, state that the award will be 2 subject to regulations as may be amended, the Federal award shall be subject to 2 CFR Part 200. For example,the agreement might say: "This Agreement will be governed and controlled by the following: the Act, the NOFA, and HUD regulations, and policies incorporated into the NOFA 0 as may be amended." U_ Procurement: For the procurement standards in the new rule, non-Federal entities may continue to comply with the procurement standards in previous OMB guidance for one additional fiscal year after 2014. If a non-Federal entity chooses to use the previous procurement standards for an additional fiscal A year before adopting the procurement standards in this part, the non-Federal entity must document this decision in their internal procurement policies. e( Example: A non-Federal entity whose fiscal year ends June 30, 2015, can operate under either the "old" or"new" standards for the fiscal year beginning July 1, 2015 and ending June 30, 2016. Example: That non-Federal entity will be required to comply with the 2 CFR 200 procurement standards for the fiscal year starting July 1, 2016 and ending June 30, 2017. Audit. Audit Requirements will apply to audits of fiscal years beginning on or after December 26, 2014. '- 0 Example: A non-Federal entity whose fiscal year ends June 30, 2015, is subject to the "new" audit standards for their fiscal year beginning July 1, 2015 and ending June 30, 2016. a� r_ POST AWARD REQUIREMENTS AND ADMINISTRATION Performance Measurement. CL This section provides stronger guidance to Federal agencies to measure performance in a way W that will help the Federal awarding agency and other non-Federal entities to improve program s outcomes, share lessons learned, and spread the adoption of promising practices. (See 2 CFR > 200.301.) • Federal awarding agencies must require recipients to use OMB-approved standard government-wide information collections to provide financial and performance information. E 6 Packet Pg. 1668 D.9.g • Recipients must be required to relate financial data to performance accomplishments, and must also provide cost information to demonstrate cost effective practices. Internal Controls. This section provides that for Federal awards Non-Federal entities must include certain tasks in their administration of the assistance. It was moved from OMB Circular A-133. (See 2 CFR 200.303.) 1. Establish and maintain effective internal controls-no expectation that they document compliance with the internal control documents (GAO green book, compliance E supplement, etc.) 2 2. Comply with Federal statutes, regulations, &terms and conditions 3. Evaluate and monitor compliance 0 4. Take prompt action on audit findings � 5. Safeguard protected personally identifiable information (See 2 CFR 200.82) 0 Payments to States and Non Federal Entities. (New in part) Payments to States are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements codified at 31 CFR Part 205. Coverage largely replicates existing payment coverage from OMB Circular A-110. (See 2 CFR 200.305.) • As a new measure, the rule extends to non-Federal entities previously covered by OMB Circular A-102 the existing flexibility in OMB Circular A-110 to pay additional interest earned on Federal funds annually,rather than"promptly" to each Federal awarding agency. (NEW) • Interest amounts up to $500 per year maybe retained by the non-federal entity for administrative expenses. (NEW) Cost Sharing or Matching, ) This section clarifies policies on voluntary committed cost sharing. • Stipulates that voluntary committed cost sharing is not expected under Federal research proposals and cannot be used as a factor during the merit review of the proposal. Cost s sharing may only be considered when required by regulation and transparent in the notice offunding opportunity. (See 2 CFR 200.306(a)) Only mandatory cost sharing or cost sharing included on the project budget must be included in the organized research E base for computing the indirect cost rate or reflected in the allocation of indirect costs. 2 • For all Federal awards, any shared costs or matching funds and all contributions including cash and third party in-kind contributions, must be accepted as part of the non- W Federal entity's cost sharing or matching when such contributions meet all of the CL following criteria: (1) Are verifiable from the non-Federal entity's records; (2) are not included as contributions for any other Federal award; (3)Are necessary and reasonable for accomplishment of project or program objectives; (4) Are allowable under Subpart E—Cost Principles (5)Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that 7 Packet Pg. 1669 D.9.g Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; (6)Are provided for in the approved budget when required by the Federal awarding agency; and (7) Conform to other provisions of this part, as .2 applicable. • OMB Memorandum 01-06, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission costs continues to apply. See: http://www.whitehouse.!2�ov/omb/memoranda m01-06 r_ • Valuation of cost sharing remains largely unchanged from OMB Circular A-110. 2 Period of Performance 0 • Non-federal entities may charge to Federal awards only allowable costs incurred during CL U_ the period of performance and any costs incurred before the Federal awarding agency or pass-through entity made the Federal award that were authorized by the Federal awarding 0 agency or pass through entity. (See 2 CFR 200.309.) • Federal awarding agencies may authorize no-cost extensions of the period of performance (See also 200.308, Revision of budget and program plans.) Coverage in Property Standards. (New in part). • Property standards are largely derived from existing coverage. (Sections 200.310- 200.316) N • The property standards are consistent with existing coverage. Equipment is new. 2 CFR N 200.313. • States must use, manage, and dispose of equipment acquired under a Federal award in accordance with state laws and procedures. (Not new) • Other non-Federal entities must follow the requirements specified. (NEW) Sugplies. The definition of supplies in existing guidance includes all tangible personal property that fall below the threshold for equipment. (See 2 CFR 200.314) Since, as technology improves, s computing devices (inclusive of accessories) increasingly fall below this threshold, (currently $3,500) the guidance makes explicit that when they do, they shall be treated consistently with all other items below this level. (NEW) See Definition of"Supplies" (See 2 CFR 200.94) E Intangible Property, The Content of 200.315 is largely from OMB Circular A-110; however, the section has been CL reorganized for readability and clarity. (See 2 CFR 200.315.) U_ c. PROCUREINIENTSTANDARDS States. States must use their own policies and procedures. (See 2 CFR 200.317) m 8 Packet Pg. 1670 D.9.g Non-Federal entities. (New) W All other non-Federal entities, including subrecipients of a state, must have and follow written 76 procurement procedures that reflect the procurement standards in part 200. This section does not .2 require the non-Federal entity to maintain a contract administration system; it's a matter of an entity's judgment as to how the non-Federal entity is going to maintain oversight of contracts s and contractors. (See 2 CFR 200.318) Standards of Conduct. (New in part.) The non-Federal entity must maintain written standards of conduct. (See 2 CFR 200.318). The E section contains a new requirement that extends the conflict to organizational conflicts 0- (parent, affiliate, or subsidiary, not a state, local government or Indian tribe). (See 2 CFR 200.318(c) (2).) LU 0 4- Ch Procurement of unnecessary or duplicative items. CL This section was sought by the research institutions. It does not require a non-Federal entity to reexamine every item acquired for"unnecessary or duplicative items." (See 2 CFR 200.318(d).) 0 Interentity agreements. (New in part.) To foster greater economy and efficiency and to promote cost-effective use of shared services, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods 2 and services. This is designed to encourage shared services and goods, e.g., strategic sourcing. (See 2 CFR 200.318(c).) (NEW) cv The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of N purchasing new equipment and property when this is feasible and when it reduces project costs. (See 2 CFR 200.318(f)). Methods of Procurement to be Followed. There are 5 (five) options. (See 2 CFR 200.320) This section is generally based on Circular A- 102 One of the options- micro purchases- is NEW c Micro-purchases are used for acquisition of supplies or services if the aggregate amount does not exceed the"micro-purchase threshold" (currently $3,000). (See 2 CFR 200.67.)Is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 Definitions. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to E be reasonable. The micro-purchase threshold is adjusted for inflation on a periodic basis. 2 The four other procurement methods, which remain largely unchanged, are: CL l. Small purchase procedures contracts not exceeding the Simplified Acquisition Threshold W (currently $150,000) c- 2. Sealed bids (formal advertising) 3. Competitive proposals 4. Noncompetitive proposals- clarified to specify that it can be used only under certain conditions, e.g. when only one or more of the following factors apply. The documentation of this process is important. The factors to be considered include: 9 Packet Pg. 1671 D.9.g a) The item is available only from a single source; b) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; .2 c) The Federal awarding agency (or pass-through entity) expressly authorizes this method in response to a written request from the non-Federal entity; s d) After solicitation of a number of sources, competition is determined inadequate. Non-Federal entity review by Federal awarding agencv or Pass-through enti Upon request of the Federal awarding agency (or pass-through entity), the non-Federal entity E must make available: (See 2 CFR 200.324.) 2 • Technical Specifications. The technical specifications on proposed procurements where the Federal awarding agency (or pass-through entity)believes the review is needed to L1° ensure that the item or service specified is the one being proposed for acquisition. 0 • Procurement Documents. Upon request of the Federal awarding agency (or pass-through CL entity), the non-Federal entity must make the procurement documents (e.g., requests for proposals, invitations for bids, or independent cost estimates) available for pre- 0 procurement review when: 1. The non-Federal entity's procurement procedures or operations fail to comply with the procurement standards in Part 200;or 2. The procurement is expected to exceed the Simplified Acquisition Threshold (currently $150,000); and 2 3. The procurement is to be awarded without competition or only one bid/offer is received in response to a solicitation; or 4. The procurement specifies a "brand name" product; or 5. The proposed contract is to be awarded to other than the apparent low bidder under a sealed bid procurement; or 6. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. Q Pre-Procurement review exemption. ? The non-Federal entity is exempt: • If the Federal awarding agency (or pass-through entity) determines that its procurement systems comply with the standards of Part 200, or , • The non-Federal entity self certifies its procurement system (but the self-certification does not limit the Federal awarding agency's right to survey the system). C Contract Provisions. .22 Refers to Appendix 11 for provisions that must be included in contracts of non-Federal entities. (See 2 CFR 200.326.) c. U_ CL The Appendix provides a description of each requirement. It generally gives the legal basis CO (regulations or statutes) of the provision) so that the non-Federal entity can determine whether > the provision is applicable to a contract. PERFORMANCE AND FINANCIAL MANAGEMENI' REPORTING Financial Reporting. (New in part.) 1 ¢' Packet Pg. 1672 D.9.g • Existing coverage from A-102 and A-110 on the Report of Federal Cash Transactions and the Financial Status Report has been deleted and replaced with the requirement that Federal awarding agencies only use the OMB-approved government-wide data elements' for collection of financial information -- currently the Federal Financial Report. (New) (See 2 CFR 200.327.) s • Submission frequency requirements generally remain unchanged-No less frequently than annually, nor more frequently than quarterly. New language was added, however, which permits the Federal awarding agency to require more frequent reporting where necessary for the effective monitoring of the Federal award or where monitoring could significantly E affect program outcomes. (NEW) 2 MONITORING & REPORTING PROGRAM PERFORMANCE 0 • Specifies that performance reports are subject to the Paperwork Reduction Act CL requirements (See 2 CFR 200.328.) • Federal awarding agencies should utilize OMB-approved standard government-wide c information collections (see also 200.206) • Submission frequency requirements remain largely unchanged y • No less frequently than annually, nor more frequently than quarterly. A • New language added, however, which permits more the Federal awarding agency to require more frequent reporting where necessary for the effective monitoring of the Federal award or could significantly affect program outcomes. (NEW) Reporting on Real Property. (See 2 CFR 200.329) The language in this section is based on the supplementary information provided in the purpose section of the Final Notice of the Real Property Status Report (RPSR) form SF-429, available at 75 FR 56540,published September 16, 201.0 Subrecipient and Contractor Determination. (See 2 CFR 200.330.) c • Explains the roles of subrecipients and contractors so that the non-Federal entity can , determine the relationship and the applicable requirements. • A non-Federal entity provides a subaward to a subrecipient for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship between the r_ non-Federal entity and the subrecipient. • A non-Federal entity provides a contract to a contractor for the purpose of obtaining w goods and services for the non-Federal entity's own use and creates a procurement CL relationship between the non-Federal entity and the contractor. W c. • What the document is called- an agreement or a contract-does not matter; the relationship is the basis for determining which requirements are applicable. > Requirements for pass-through entities. (See 2 CFR 200.331.) • The pass-through entity must: 1. Put specific information in the subaward, including indirect cost rate E 1 ¢' Packet Pg. 1673 D.9.g 2. Do a risk assessment to determine appropriate subrecipient monitoring AND must monitor subrecipients 3. Consider if specific subaward conditions are needed 4. Verify subrecipients have audits in accordance with Subpart F-Audit Requirements c 5. Make any necessary adjustment to the pass-through entity's records based on reviews s and audits of subrecipients 6. Consider actions to address subrecipient noncompliance • When monitoring subrecipients,the pass-through entity must(200.331(d)): 1. Review reports required by the pass-through entity 2 2. Follow-up to ensure subrecipient takes appropriate action on all deficiencies pertaining to the subaward from the pass-through entity identified through audits, on- w site reviews, and other means 0 3. Issue a management decision for audit findings pertaining to subawards made by the � pass-through entity 4. Not new requirement—taken from A-133; on-site reviews are not required. 0 5. The following tools may be useful, depending upon the risk assessment. No listed tool is required nor is the list of tools all inclusive. Determination on which tools to use is a matter of judgment for the pass-through entity based upon its assessment of risk. (200.331(e)) o Providing subrecipient training and technical assistance 2 o Performing on-site reviews o Arranging for agreed-upon-procedures engagements under 200.425, Audit services [in Cost Principles] c44 CD cv Fixed Amount Subawards. (NEW) (See 2 CFR 200.332.) • Permits a non-Federal entity to make subawards based on fixed amounts (in accordance with 200.201)not exceeding the Simplified Acquisition Threshold(currently $150,000) �? • The prior written approval of the Federal awarding agency is required. • The following information must be identified to the subrecipient at the time of an award and put in the subaward (and when changes are made to the subaward) (See also 2 CFR �? 200.331 a ): o Federal award identification, e.g., unique entity identifier. s o Indirect cost rate for the Federal award (including if the de minimis rate is charged per 200.414 Indirect(F&A) costs) Requirements imposed by the pass-through entity. o Requirement to provide access to records for audit. C • The pass-through entity must evaluate each subrecipient' s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for the LU purpose of determining appropriate subrecipient monitoring. This is similar to the risk CL assessment that the Federal Agency undertakes. The assessment may include W CL consideration of factors such as (200.331(b)): CO o Prior experience with same or similar subawards > o Results of previous audits o Whether new or substantially changed personnel or systems o Extent and results of Federal awarding agency monitoring a� 1 ¢' Packet Pg. 1674 D.9.g Retention requirements for records. (See 2 CFR 200.333) • Retains the record retention period of three years from the date of submission of the final expenditure report • For Federal awards that are renewed quarterly or annually, from the date of the `—" submission of the quarterly or annual financial report • Supplements to the listing of exceptions from standard record retention: o When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, cognizant agency for indirect costs, or pass-through E entity; and C o Records for program income transactions after the period of performance w Methods for collection. transmission and storaLye of information. (NEW) In lieu of addressing the issue throughout the rule, a new section was added to clearly articulate M CL the treatment of electronic records. (See 2 CFR 200.335) U_ • Federal awarding agencies and the non-Federal entities should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine readable formats. • Federal awarding agencies or pass-through entities must always provide or accept paper A versions of Federal award-related information to and from the non-Federal entity upon 0 request. • When original records are electronic and cannot be altered, there is no need to create and retain paper copies. • When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews,provide reasonable safeguards against alteration, and remain readable. g REMEDIES FOR NONCOMPLIANCE Remedies for Noncompliance are covered in Sections 200.338-200.342 y 0 • The sections are generally substantively the same as superseded circulars, with some , modifications. • The sections cover actions that may be taken by the pass-through entity, not just by the Federal awarding agency. C 2 Remedies for noncompliance. LU • Permits the Federal awarding agency (or pass-through entity)to try to remedy U_ noncompliance through additional conditions on the Federal award(or subaward). This is c. new. The Federal agency can impose these requirements at any time, not just at the s initiation of the award. (See 2 CFR 200.338) > • Expressly references suspension and debarment proceedings and cross-references the government-wide regulation at 2 CFR Part 180 10 Packet Pg. 1675 D.9.g Termination. comUrehensively addresses termination. • The Federal award may be terminated by the Federal awarding agency (or pass-through 76 enti in whole or in part(See 2 CFR 200.339): 1. For failure of the non-Federal entity to comply with the terms and conditions of the Federal award s 2. For cause 3. With the consent of the non-Federal entity (the two parties must agree upon the 76 termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated) E • The Federal award may be terminated by the non-Federal entity by sending to the Federal 2 awarding agency (or pass-through entity)written notification setting forth the reasons for termination, the effective date, and, in the case of partial termination, the portion to be terminated. 0 • When the Federal award is terminated, the Federal awarding agency (or pass-through CL entity) and the non-Federal entity remain responsible for closeout, post-closeout adjustments and continuing responsibilities. 0 Closeout. (NEW) This section should be clearer because the timeframes are based on"period of performance" which must be stated in the Federal award. (See 2 CFR 200.343) • Post-closeout adjustments and continuing responsibilities. The adjustment to the Federal 0 award amount based on an audit or other review after closeout must be made within the record retention period. (See 2 CFR 200.344.) • Collection of amounts due. The collection may happen after the record retention period. (See 2 CFR 200.345) COST PRINCIPLES Classification of Costs This section is a new explanatory introductory section which does not make major changes. (See 2 CFR 200.412.)It explains that there is no universal rule for classifying certain costs as either direct or indirect(F&A)under every accounting system. A cost may be direct with respect to some specific service or function, but indirect with respect to the Federal award or other final s cost objective. Therefore, it is essential that each item of cost incurred for the same purpose be treated consistently in like circumstances either as a direct or an indirect(F&A) cost in order to avoid possible double-charging of Federal awards. Guidelines for determining direct and indirect r_ (F&A) costs charged to Federal awards are provided in subpart E. LU Cost accounting standards and disclosure statement. (NEW) CL This section applies to Institutions of Higher Education (IHEs)that receive aggregate Federal W awards totaling more than $50 million in its most recent fiscal year. (See 2 CFR 200.419.) It s requires those entities to comply with the Cost Accounting Standards Boards standards and file > disclosures with the cognizant agency. It also provides mechanisms for those cognizant agencies to adjust costs, credit overpayments, and assure compliance. Collections of Imp en r Payments 11 ¢' Packet Pg. 1676 D.9.g The costs incurred by a non-Federal entity to recover improper payments are allowable as either direct or indirect costs, as appropriate. (See 2 CFR 200.428.) Commencement and convocation costs. (NEW) c For IHEs, costs incurred for commencements and convocations are unallowable, except as provided in limited circumstances detailed in Appendix III to Part 200Indirect(F&A) Costs Identification and Assignment as student activity costs. (See 2 CFR 200.429� Intellectual NEW y.roLLert E , (NEW) This section enumerates the allowable costs related to securing and owning patents and 2 copyrights and discusses when royalties are allowed. (See 2 CFR 200.448.) w 2- Taxes (including Value Added Taxi. (NEW) 0 This section provides guidance detailing when taxes are allowable expenses, including a Value � Added Tax (VAT)tax. (See 2 CFR 200.470.) 0 tJDI ITS Threshol�d,�for Audits A An audit is required if a Non-Federal entity expends $750,000 or more during the non-Federal entity's fiscal year. The non-Federal entity must have a single or program-specific audit. This 2 threshold IS new (formerly $500,000). (See 2 CFR 200.501) e( • A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 Scope of audit except when it elects to have a program-specific audit conducted. • Program-specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Q the auditee,the auditee may elect to have a program-specific audit conducted. (See 2 v) CFR 200.507) 6 • A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is generally exempt from Federal audit requirements for that v, year, but records must be available for review or audit by appropriate officials of the s Federal agency,pass-through entity, and Government Accountability Office (GAO). a� Ouestions. r_ Inquiries concerning 2 CFR 200 may be directed to the Office of Federal Financial Management Office of Management and Budget, in Washington, DC. (§200.108)Non-Federal entities' w inquiries should be addressed to the Federal awarding agency, cognizant agency for indirect U_ costs, cognizant or oversight agency for audit, or pass-through entity as appropriate. W c. • Office of Federal Financial Management: https://www.whitehouse.!2�ov/omb/financial_fin_grants_expanded/#admin • HUD is the Federal awarding agency if HUD provides the financial assistance. 12 Packet Pg. 1677 D.9.g • The cognizant agency for indirect costs could be HUD, or it could be another Federal agency. (See 2 CFR 200.19.) Cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed .2 under this part on behalf of all Federal agencies. For assignments of cognizant agencies see the following: o For Institutions of Higher Education (IHEs): Appendix III to Part 200 Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs),paragraph C.11. Appendix 111 o For nonprofit organizations: Appendix IV to Part 200Indirect(F&A) Costs Identification and E Assignment, and Rate Determination for Nonprofit Organizations, paragraph C.12. Appendix IV 0 o For state and local governments: Appendix V to Part 200State/Local Government- wide Central Service Cost Allocation Plans,paragraph F.1. Appendix V o For Indian tribes: Appendix VII to Part 200States and Local Government and Indian Tribe 0 Indirect Cost Proposal,paragraph D.1. Appendix VII U_ The cognizant a2ency for indirect cost is not necessarily the same as the cognizant a2ency for 0 audit. W00.18). The cognizant a2ency for audit means the Federal a2ency designated to carry out the audit responsibilities for the government.A non-Federal entity expending more than $50 million a year in Federal awards must have a cognizant a2ency for audit. The v designated cognizant a2ency for audit must be the Federal awarding a2ency that provides the predominant amount of direct funding to a non-Federal entity unless OMB designates a 2 0. specific cognizant a2ency for audit.A list of cognizant agencies for audit may be found at the a Federal Audit Clearinghouse (FAC)Web site: ht!ps://harvester.census.gov/facweb/default.aspx/ N U U r_ CL CL 13 Packet Pg. 1678 D.9.g SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] r- 2 uj ch CL A 2 N CD c r- 2 CL CL 14 Packet Pg. 1679 D.9.g RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 76 Purchasing Department GATO BUILDING, ROOM 2-213 _ 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) I have included • Response Form .2 • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Monroe County occupational license and relevant City occupational licenses are required to be obtained within ten days of award of the c contract • Vendor Certification Regarding Scrutinized Companies Lists • Minority Owned Business Declaration n • Certification Regarding Disbarment • Anti-Lobbying Certification Form • Disclosure Form to Report Lobbying (Form-LLL) 1 have included a current copy of professional and occupational licenses Q cv (Check mark items above, as reminder that they are included) Mailing Address: Telephone: Fax: Date: c T Signed: (Print Name): STATE OF: COUNTY OF: 2 LU Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online CL notarization on CL (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 15 Packet Pg. 1680 D.9.g LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA c ETHICS CLAUSE (Company) 0 "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." A (Signature) Date: '✓ cv STATE OF: `V COUNTY OF: v, Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization on (date) by (name of affiant). He/She is personally y known to me or has produced (type of identification) as identification. CL NOTARY PUBLIC CL My Commission Expires: 16 Packet Pg. 1681 D.9.g NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; .5 2. the prices in this bid have been arrived at independently without collusion, LU consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with Ch any competitor; CL 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed bythe bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other A person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full -- knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Signature: Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me by means of❑ physical presence or ❑ online notarizatior on (date) by (name of affiant). He/She is personally known to me or has produced (type of . identification) as identification. CL CL NOTARY PUBLIC My Commission Expires: 17 Packet Pg. 1682 D.9.g DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: .2 (Name of Business) c 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of E maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. LU 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of CL working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. y 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through W implementation of this section. cv As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: c T STATE OF: COUNTY OF: r_ Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization on (date) by LU CL (name of affiant). He/She is personally known to CL me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 18 Packet Pg. 1683 D.9.g PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." r- 1 have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. LU Ch CL (Signature) Date: A STATE OF: COUNTY OF: '✓ cv Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: r— CL 19 Packet Pg. 1684 D.9.g Respondent's Insurance and Indemnification Statement > 76 Insurance Reauirement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $5,000,000 Combined Single Limit E r- 2 Vehicle Liability $5,000,000 Combined Single Limit per Occurrence/$5,000,000 Aggregate 0 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, c its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and y expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. cv In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR' failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and .2 warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. .c The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the y indemnification provided for above. - The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. r- 2 This indemnification shall survive the expiration or earlier termination of the Agreement. `5 RESPONDENT'S STATEMENT CL I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 20 Packet Pg. 1685 D.9.g INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES r- MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: 0 Contract for: Address of Contractor: y 0) Phone: 2 Scope of Work: Reason for Waiver: cv Policies Waiver will apply to: v, Signature of Contractor: Approved Not Approved Risk Management: c Date: County Administrator appeal: Approved Not Approved r- 0 Meeting Date: LU Board of County Commissioners appeal: CL Approved Not Approved CL Meeting Date: RESPONDENT SIGNATURE 21 Packet Pg. 1686 D.9.g > Minority Owned Business Declaration a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project C 2 (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes 0 4- or cn CL is not a minority business enterprise,as defined in Section 288.703, Florida Statutes. 0 F.S. 288.703(3)"Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or y gender makeup or national origin,which has been subjected historically to disparate treatment due to identification A in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may 2 primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a N parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 g million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to u sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. U) Contractor may refer to F.S. 288.703 for more information. Contractor Sub-Recipient: Monroe County Signature Signature 0 L-_ Print Name: Printed Name: > Title: Title/OMB Department: CL Verified via: U_ https://osd.dms.myflorida.com/directories CL Address: DEO Contract: City/State/Zip Date: Project Number(if applicable): m 22 Packet Pg. 1687 D.9.g VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): 2 c Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: 0 Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or CL entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 0 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which A were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with ActivitiesCD in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a �? false certification or has been laced on the Scrutinized Companies that Boycott Israel List or engaged in a p p Yu boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: c Note: The List are available at the following Department of Management Services Site: http://www.dms.mvflorida.com/business operations/state purchasing/vendor information/convicted sus pended discriminatory complaints vendor lists CL U- CL 23 Packet Pg. 1688 D.9.g CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- .2 LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS c (Compliance with 2 CFR Parts 180 and 1200 It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: By: Date: Title: Instructions for Certification Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior HUD approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) Ch CL a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this y proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal," and "voluntarily excluded,"as used in this clause, are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" refers to any CD covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier Participant' refers any participant who has y entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as W subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause y titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier n Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To — verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants,each participant may, but is not required to, check the Excluded Parties List System website CL (https://www.epls.gov/),which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order CL to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 24 Packet Pg. 1689 D.9.g CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS > (Compliance with 49CFR, Section 20.100 (b)) °' The prospective participant certifies, by signing this certification, that to the best of his or her knowledge .2 and belief: c (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement ,and the extension, continuation, renewal, amendment , or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal 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 undersigned shall complete and CL Ch submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required y certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for 0) each such failure. > 2 The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. N CD Name of Contractor/Consultant: By: (Print Name) Date: Authorized Signature c Title: r_ 2 CL CL 25 Packet Pg. 1690 D.9.g DISCLOSURE OF LOBBYING ACTIVITIES Approved by oMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 76 (See reverse for public burden disclosure.) U 1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type: F7 a. contract na. bid/offer/application a. initial filing 71 b.grant Jb. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No,4 is a Subawardee, Enter Name ❑Prime ❑Subawardee and Address of Prime: Tier if known: 0 CL Congressional District, if known. 4c Congressional District, if known: 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: CFDA Number, if applicable: y W 8. Federal Action Number, if known: 9. Award Amount,if known: > $ 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if < (if individual, last name, first name, Ml): different from No. 10a) (last name, first name. Ml): cv 11 Information requested through this form is authorized by title 31 U.S.C_section Signature: > 1352. This disclosure of lobbying activities is a material representation of fact (U upon which reliance was placed by the tier above when this transaction was made U) or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public inspection. Any person who fails to hike the required disclosure shall be subject to a civil penalty of not less than$10,000 and Title: °2- not more than S I©0,©09 for each such failure. 0 Telephone No.: Date: y_ Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7-97) C CL CL 26 Packet Pg. 1691 D.9.g INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal U action,or a material change to a previous filing, pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payrnentor agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof M Congress,or an employeeof a Memberof Congress in connection with a covered Federal action.Complete all items that applyfor both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 0 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter > the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4- 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District, if known.Check the appropriate classification N CL of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identifythe tier of the subawardee.,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 0 5. If the organization filing the report in item 4 checks"subawardee,"then enter the full name,address, city, State and zip code of the prime Federal U recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizational level below agency name,if known.For y example,Department of Transportation,United States Coast Guard. 0 7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 0. 8. Enter the most appropriate Federal identifying number availablefor the Federal action identified in item 1 (e.g_, Request for Proposal(RFP) number; CV Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." CV 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. U 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name„First Name,and 2 Middle Initial(MI). 0 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources, gathering and maintaining the data C needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Managementand Budget.,Paperwork Reduction Project(0348-0046),Washington, DC 20503. CL CL UJ 27 Packet Pg. 1692