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01/27/2012 Agreement DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 27, 2012 TO: Deanna Lloyd, Project Coordinator FROM: Isabel C. DeSantis, Deputy Clerk lllhhh,,,,,,✓��!!�__�,��[__LL�(((!lyYYYY��^��"'''' Enclosed for your handling is DEO Contract #: 12DB-P5-11-54-01-K 47 concerning a Community Development Block Grant Program FFY 2008 Supplemental Disaster Recovery Emergency Funds (DREF) Program Agreement. Per Pedro J. Mercado, this is the agreement goes along with the grant application we submitted for 2008 Tropical Storm Faye funding. Resolution No. 384-2009 was crafted because of the short turnaround time we get on these documents and does authorize the Mayor to sign not only the application but the grant agreement itself. Both actions are authorized by paragraph 2 of the resolution. Please be sure that the sets stamped Monroe County Clerk's Office Original and Monroe County Finance Department's Copy are returned to my attention as quickly as possible. Should you have any questions please do not hesitate to contact this office. cc: County Attorney via e-mail Finance via e-mail File Rick Scott ) * Cynthia R. Lorenzo DE1 GOVERNOR r INTERIM EXECUTIVE DIRECTOR FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY March 13, 2012 Received ! MAR 2 2 2012 Certified Mail—Retvaicgjpt Requested The Honorable David P. Rice, Mayor Monroe County 9400 Overseas Highway, Suite 210 Marathon, Flotida 33050 Re: Community Development Block Grant Program(CDBG) Disaster Recovery Initiative Disaster Recovery Enhancement Fund Contract Number: 12DB-P5-11-54-01-K47 Contract Award Letter—Monroe County Dear Mayor Rice: We are pleased to return your executed Disaster Recovery CDBG Award Agreement with the Department of Economic Opportunity (DEO). The Agreement must be retained in your official CDBG files and made available for public review upon request. Please note the following instructions before beginning your project: • Do not incur or obligate more than $15,000 in expenses until you complete an environmental review of the project and receive a release of funds notice from the Department. You may incur up to $15,000 in administrative costs to cover the environmental review and other start-up activities. • Your contract contains performance related Program Conditions (Attachment J) that must be met before funds for construction may be drawn. Special Conditions, if applicable, are also reflected in Attachment J. Review your contract immediately and begin the process of meeting applicable program or special conditions. The Culd.ell Building 107 L .Madison Street Tallahassee.Florida 32399-4120 %SI1.245.7105 ss sins I l oridalob org wssm.twitter.corn!FI.DIM www.facebook commFI.DEC An equal opportunits emploneriprogram. esusiliary aids d services are aaailahleupon request to indisidualsviith disabilities All voice telephone numbers on this document rims be reached by persons using F LY/FDI)equipment y a the IlordaNl ',mice at711 The Honorable David P. Rice March 13, 2012 Page 2 We look forward to working with you and will provide technical assistance upon request. If you have questions, please contact Adriane Burgess, Community Assistance Consultant, by phone at(850) 717-8444 or by e-mail at adriane.burgess@deo.myflorida.com. Sincerely, Bob Dennis Community Program Manager BD/ab Enclosures cc: Mr. John O'Brien, Project Manager, Monroe County Ms. Lisa Oakes Blair, Consultant, Meridian Community Services Group STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY • Contract Number: l2DB-P5-11-54-01-K47 CFDA Number: 14.228 c Rule: Rule 9B-43,Florida Administrative Code w Community Development Block Grant Program FFY 2008 Supplemental Disaster Recovery Emergency Funds(DREF)Program Agreement THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe County 500 Whitehead Street Key West,Florida 33040(hereinafter referred to as the"Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein;and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below;and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE,the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan, Attachment I of this Agreement and the Florida Small Cities Community Development Block Grant (CDBG) Application submitted by the Recipient on 624/2011 including future amendments to this Subgrant Agreement that are agreed upon by both parties.. (2) INCORPORATION OF LAWS.RULES,REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations,including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties,and shall end twenty-four(24)months after the last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement. Contract Revised: 923/11 (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local Governments" (53 Federal Register 8034) or OMB Circular No. A-1]0, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State, Local and Indian Tribal Governments"OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-I 22, "Cost Principles for Nonprofit Organizations." (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of six years from the date the audit report is issued,and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department. The six year period may be extended for the following exceptions: I. If any litigation, claim or audit is started before the six year period expires, and extends beyond the six year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A-and all other applicable laws and regulations. (d) The Recipient, its employees or agents,including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement. Contract Revised: 9/23/11 2 (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. 'Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. (c) The Recipient shall provide the Department with the records,reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d)above,the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to The Department of Economic Opportunity at each of the following addresses: Department of Economic Opportunity Office of Inspector General MSC-130 107 East Madison Street Tallahassee,Florida 32399-6508 and Department of Economic Opportunity Community Development Block Grant Disaster Recovery Program MSC-400 107 East Madison Street Tallahassee,Florida 32399-6508 Contract Revised: 9/23/11 3 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: htto://harvester.census.gov/far./collectMdeindex.html and to any other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as revised. (f) Pursuant to Section 320 (f), OMB Circular A-I33, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor,to the Department at the following addresses: Department of Economic Opportunity Office of Inspector.General MSC-130 107 East Madison Street Tallahassee,Florida 32399-6508 and Department of Economic Opportunity Community Development Block Grant Disaster Recovery Program MSC-400 107 East Madison Street Tallahassee,Florida 32399-6508 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133,Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant(IPA), either a certified public accountant or a public accountant licensed under Chapter 473,Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. Contract Revised: 9/23/11 4 (7) REPORTS (a) The Recipient shall provide the Department with monthly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Department. (b) Monthly reports are due to the Department on the last day of each month of the program year and shall be sent each month until submission of the administrative close-out report. (c)The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement,whichever first occurs. (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph(II)REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement,as well as that of its subrecipients, subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include,but not be limited to,on-site visits by Department staff, limited scope audits,and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional infraction provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Ha. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under Contract Revised: 9/23/11 5 this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department,but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur("Events of Default"),all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs,then the Department may,upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail,postage prepaid,by registered or certified mail return receipt requested,to the address set forth in paragraph(13)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; Contract Revised: 9/23/11 6 (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws,rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions,to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend,discontinue, or refrain from incurring costs for any activities in question,or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient,it will not affect,extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds, fraud,lack of compliance with applicable rules,laws and regulations,failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119,Fla.Stat.,as amended. (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds,by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper close-out of the Agreement. (d) In the event that this Agreement is terminated,the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. Contract Revised: 9/23/I1 7 (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail return receipt requested,to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Adriane Burgess Department of Economic Opportunity Division of Housing and Community Development MSC-400 107 East Madison Street Tallahassee,Florida 32399-6508 Telephone: (850)717-8444 Fax: (850)488-2488 Email: Adriane.Burgess@deo.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: --- John O'Brien 1400 Kennedy Drive Key West,Florida 33040 Telephone: (305)296-5621 Fax: (305)292-1162 Email: hsijob@aol.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in(13)(a)above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. Contract Revised: 9/23/1l 8 For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor,as defined in Section 288.703,Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) MI attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments(check all that are applicable): ® Exhibit 1 -Funding Sources ® Attachment A—Budget and Scope of Work • Attachment B—Program Statutes and Regulations ❑ Attachment C—Recordkeeping(N/A) ® Attachment D—Reports ❑ Attachment E—Justification of Advance(N/A) ® Attachment F—Warranties and Representations ® Attachment G—Certification Regarding Debarment ❑ Attachment H—Statement of Assurances(N/A) ® Attachment I—Activity Work Plan ® Attachment J—Program and Special Conditions ® Attachment K—Civil Rights Compliance Assurance ® Attachment L—Signature Authorization Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $855,045.23,subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement,and the Subgrant Application. (c) All funds shall be requested in the manner prescribed by the Department. The authorized signatory for the Recipient as set forth on the Signature Authorization Form,Attachment K to this Agreement, must approve the submission of each Request for Funds(RFFs)on behalf of the Recipient. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient,if they are otherwise in compliance with all other requirements of the Agreement. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Contract Revised: 9/23/1 l 9 Department agrees to their eligibility,fundability, or addition to the Agreement,or a separate letter authorizing such costs,are ineligible for funding with CDBG funds. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph(19)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of`Department of Economic Opportunity"and mailed directly to the Department at the following address: Department of Economic Opportunity Community Development Block Grant Disaster Recovery Program MSC-400 107 Fest Madison Street Tallahassee,Florida 32399-6508 In accordance with Section 215.34(2),Fla. Stat., if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars($15.00)or Five Percent(5%) of the face amount of the returned check or draft,whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall,at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule,or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. Contract Revised: 9/23/11 10 (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 —760.37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment,public accommodations,transportation,state and local government services,and telecommunications. (t) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(federal,state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal,state or local)with commission of any offenses enumerated in paragraph 19(g)2. of this certification;and 4. have not within a 5-year period preceding this Agreement had one or more public transactions (federal,state or local)terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification,then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. Contract Revised: 9/23/I1 I I (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat.or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,Fla.Stat. (k) The Department of Economic Opportunity reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,Fla. Stat.,which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119,Fla. Stat. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies,by its signature to this Agreement, that to the best of his or her knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment or modification of any Federal contract,grant, loan or cooperative agreement. Contract Revised: 9/23/11 12 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT,PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accming under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals, films, or other copyrightable material are produced,the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph(b),have the right to all patents and copyrights which accrue during performance of the Agreement. Contract Revised: 9/23/11 13 (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. Contract Revised: 9/23/11 14 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE Contract Number: 12DB-P5-11-54-01-K 47 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day,month and year set faith below. RECIPIENT DEPARTMENT OF ECONOMIC OPPORTUNITY By: Date: /2 5/f z- By: Sin- Par .Date: 71-fi (Autleized ignature) (Authorized Signature) p- 1 �,C� Type Name: Ken Reecy (Print Name) / y- Title: Mac a 6 Ur I t/y,10 n f OQ-. `/�W n ,, Title:Assistant Director.Division of Community V J Development Federal Tax IDk 6 1 - G OOO7447 DUNS# D738'7/e'75-7 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By , oCupC. Q�o � DEPUTY CLERK MO REg D S A CADO PEDBO J.I IE ( 17/0 ASSI ate Contract Revised: 9/23/l 1 15 EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Separately list the following information for each federal program from which the resources awarded to the Recipient originate: Community Development Block Grant Program Federal agency U.S. Department of Housing and Urban Development Catalog of Federal Domestic Assistance title: Community Development Block Grants/State's Program and Nonentitiement Grants Catalog of Federal Domestic Assistance it: 14.228 Award amount: $855,045.23 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Separately list each applicable compliance requirement(eligible activities, service, or commodities;eligible recipients;etc.)and spec'to which federal program each requirement applies: Compliance Requirement Program I. The Recipient will fully perform the obligations in accordance with the Community Development Budget and Scope of Work, Attachment A of this Agreement, the Block Grant Disaster subgrant application incorporated herein by reference, and 24 C.F.R. Recovery Program Subpart I, Sections 570.480—570.497. The Recipient shall be governed by 290.401-409, F.S., Rule 9 B-43, F.A.C. and Federal Laws, rules and regulations, including but not limited to those identified in Attachments B and J Contract Revised: 9/23/1l 16 NOTE::Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example,for Federal Program I, the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: For federal programs included in Exhibit I, Section .400(d) of OMR Circular A-I33, as revised requires, and for state projects included in Exhibit 1, Section 215.97(5)(a), Florida Statute, requires the information in Exhibit Ito be provided to the Recipient. Contract Revised: 9/23/11 17 ATTACHMENT SCOPE OF WORK AND BUDGET Contract Revised: 9/23/11 18 441 !! . , , | • ■ | m | •[! ■ 1 ` . ' ) ` | . .| R2 | § ; ] . . , . , • ! | ■ ! § I. 3t_ if 0 � 11 q | 1 A § ! , . . | | | § 1 § . . . . Eto ra l i Ili - \ \ \ \ ` ) LIgk , § QO 9 . | . . . . | § m ; § "• ! ! | § _ _ ; i ! li | § ■ 99 ! § ! . § „ ; ; . . : : . | ; | � tt | | | | | I ! | | | | | | I I | | § ■ • r • ||■ i)| | . � ! '' ,4 / | | m ■ § |■ ) , § . . , z ri ' : ! | ! | � | | o S ; ° ' k . ; | | 'A . | . R3 a I - ■ " 1 § ( � 61 2k 1 ` | ) k | . . ; . | | | ; | pa I - - § II . | ] 10 rn || . 14 ; ; | 442 §; 115 •); ■ ■ 2 'I § �} | § | | |0 _ | ■ , ) ri ' 2 IT ! | | | ; I a c E U i1 '4 ` L I. A | | � . sfrfr I s § k ` ; § § ■ � % F. 4 | | al | s | | co . ;|CI § | I, | , � | ■ s30 88 § . | . Iz 8 . = § • r | ||, |)_ | 1g � | 1®\ § | fa | 4 |, • , ' , ) LO Ram.' ` 1 f ! ! , , ) ° ] 1 ` § , , ) . ; | z . | 2 § ii , | . � - E g | | . | PR 0 | � . |7 | | M | „ | ni ° | | | ; , . i1 8 . 8 3 ! a ) I ,21§§ in §{ g§ rill. 0 §! 0 § !,, I. . ;• . § . a | ! , 1 a E § I n g 1 1Ls , 2 , | | . | ( - § ffi Eg§ . • � k - ` ` - cC i | 0 | § | | d $ § § $ 'p | . g � . §. ATTACHMENT B STATE AND FEDERAL STATUTES AND REGULATIONS By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: State and Federal Statutes and Regulations Community Development Block Grant Disaster Recovery 32. The Solid Waste Disposal Act,as amended by the Resource Emergency Rule 9BER09-2; Conservation and Recovery Act of 1975(42 U.S.C.,s.6901 2. Florida Small and Minority Business Act, s. 288.702- et.seq.); 288.714,F.S.; 33. Noise Abatement and Control: Departmental Policy 3. Florida Coastal Zone Protection Act,s. 161.52-161.58,F.S.; Implementation, Responsibilities,and Standards,24 C.F.R. 4. Local Government Comprehensive Planning and Land Part51,Subpart B; Development Regulation Act,Ch.163,F.S.; 34. Flood Disaster Protection Act of 1973,P.L.92-234; 5. Title 1 of the Housing and Community Development Act of 35. Protection of Historic and Cultual Properties under HUD 1974,as amended Programs,24 C.F.R.Pan 59; b. Treasury Circular 1075 regarding drawdown of CDBG 36. Coastal Zone Management Act of 1972.P.L 92-583; funds 37. Architectural and Construction Standards; ]. Sections 290.0401-290.049,F.S.; 38. Architectural Barriers Act of 1968,42 U.S.C.4151; 8. Rule Chapter 9B-43,Fla.Admin.Code.; 39. Executive Order 11296, relating to evaluation of flood 9. Department of Economic Opportunity Technical hazards; Memorandums; 40. Executive Order 11288,relating to prevention,control and 10. HUD Circular Memorandums applicable to the Small Cities abatement of water pollution; CDBG Program; 41. Cost-Effective Energy Conservation Standards, 24 C.F.R. I I Single Audit Act of 1984; Part 39; 12. National Environmental Policy Act of 1969 and other 42. Section 8 Existing Housing Quality Standards, 24 C.F.R provisions of law which further the impose of this Act; Part 882; 13. National Historic Preservation Act of 1966(Public Law89- 43. Coastal Barrier Resource Act of 1982; 665)as amended and Protection of Historic Properties(24 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201 el.seq.; C.F.R.Part 800); 45. Title VI of the Civil Rights Mt of /964 - Non- 14. Preservation of Archaeological and Historical Data Act of discrimination; 1966; 46. Title VIII of the Civil Rights Act of 1968 - Non- 15. Executive Order 11593 - Protection and Enhancement of discrimination in housing; Cultural Environment; 47. Age Discrimination Act of 1975; 16. Reservoir Salvage Act; 48. Executive Order 12892-Fair Housing 17. Safe Drinking Water Act of 1974,as amended; 49. Section 109 of the Housing and Community Development 18. Endangered Species Act of 1958.as amended; Act of 1974,Nondiscrimination: 19. Executive Order 12898-Environmental Justice 50. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. 20. Executive Order 11988 and 24 C.F.R. Part 55-Floodplain Pan 8; Management; 51. Executive Order 11063-Equal Opportunity in Housing; 21. The Federal Water Pollution Control Act of 1972, as 52. Executive Order 11246-Nondiscrimination: amended(33 U.S.C.,s.1251 et.scq.); 53. Section 3 of the Housing and Urban Development Act of 22. Executive Order 11990-Protection of Wetlands; 1968,as amended-Employment/Training of Lower Income 23. Coastal Zone Management Act of 1968,as amended; Residents and Local Business Contracting; 24. Wild and Scenic Rivers Act of 1968,as amended; 54. Uniform Relocation Assistance and Real Property 25. Clean Air Act of 1977; Acquisition Policies Act of 1970, P L. 100-17, and 49 26. HUD Environmental Standards(24 C F.R.Part 58); C.F.R.Pan 24; 27. Farmland Protection Policy Act of 1981; 55. Copeland Anti-Kickback Act of 1934; 28. Clean Water Act of 1977; 56. Hatch Act, 29. Davis-Bacon Wage Rate Act; 57. Title IV Lead-Based Paint Poisoning Prevention Act 30. Contract Work Hours and Safety Standards Act of 1962,40 (42 U.S.C.,s.1251 et.seq.); U.S.C.s.327 et.seq.; 58. OMB Circulars A-87,A-102,A-122.and A-133,as revised; 31. The Wildlife Coordination Act of 1958,as amended; 59. Administrative Requirements for Grants,24 C.F.R.Part 85; 60. Section 102 of the Department of Housing and Urban Development Reform Mt of 1989 and 24 C.F.R.Part 12. Contract Revised: 9/23/I1 19 ATTACHMENT C RECORDKEEPING N/A Contract Revised: 9/23/11 20 ATTACRMENT D REPORTS The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default,as defined in Paragraph(10)of this Agreement. 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period,the form must indicate"no activity". 2. A Monthly Quarterly Progress Report must be submitted to the Department on the last day of the month on the report form provided by the Department. 3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the Agreement termination date. 4 In accordance with OMB Circular A-133,revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the Recipient did not meet the audit threshold,a certification must be provided to the Department no later than nine (9) months from the end of the Recipient's fiscal year. 5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 6. Request for Funds must be completed on the Department's Request for Funds form and submitted in a pdf format via email by an authorized signatory. Requests for Funds received via email will only be accepted from an email address that is reflected on the Signature Authority form (Attachment L). The Request for Funds must be submitted to the following departmental email address: Disaster.Recovery@deo.myllorida.com. In addition, a copy of the request shall be e-mailed to your grant manager with the department. Contract Revised: 9/23/11 21 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT N/A Contract Revised: 9/23/11 22 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate,current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays,income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate,financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition.The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications,requirements,statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Contract Revised: 9/23/11 23 Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts.No employee,officer,or agent shall participate in the selection,award,or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,employees,or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. `Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. Contract Revised: 9/23/11 24 ATTACHMENT G Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. (Sub-Contractor's Name) (Recipient's Name) Date: (Authorized Signature) 12DB-P5-11-54-01-K 47 (Print Name and Title) (DEO Contract Number) (Street Address) (City, State,Zip) Contract Revised: 9/23/11 25 ATTACHMENT H STATEMENT OF ASSURANCES N/A Contract Revised: 9/23/11 26 ATTACHMENT I ACTIVITY WORK PLANS Contract Revised: 9/23/11 27 o 3 0 0 73 -m, A N 0 T` 0 A N 0 d` W A ` N 7 ° 7 II oL. 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E. c A Jac am x �` a..0 nam c � .< .2 0 NF. 3 a . o °d pin ID 6 cc- o Q m mad a3 m' 0 Nmo p5 ° N m3 � A a m Awman el a o 3 cm o o Si 3 m CO) o•m _ CD T Li c • c m e DO o a T n a 3 c F d m 3 m' a o oz...„,,,,so ¢ o N 0 7C a° ° 1° Dc 0o- nd � '� E ¢ OT N CD 3 N '-J '' _ d (L N N N. a d N N m ¢ c b 3 m m m n 0 = 3 m' ° ii n a C d a a oN a ¢ ¢ o ¢mm N ± 7 CO ' o N N W ° coo a j 0 m'c3 c - 3 0 n domN 0 m a a a 3 q a 3 N N Da o i cm Ca 0 0 0 0 �p N o 0 co 7 N 0 0 0 0 0 a m a n a Ca 0 0 b 0 .P w S a Om «? 0 CO 41 u CO A A N m .9 J 01 W N o 00 m 5. 00o N m o 0 a 0 o. Mt O. b o 0 0 b � o 0 b = 0 0 0 0 c ATTACHMENT d: PROGRAM AND SPECIAL CONDITIONS 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars($15,000),but in any case,no later than ninety-days (90) from the effective date of this Agreement,the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R.Part 58,Environmental Review Procedure for Title I Community Development Block Grant Programs and 40 C.P.A. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department,the Department will issue a Release of Funds. b. Submit to the Department copies of all required policies and procedures that have been adopted by the local government but were not provided at the time of original Application. Also, unless submitted with the grant application, submit an executed copy of the required inter-local Agreement if more than one local government will receive funding under this contract. c. The documentation required in paragraph 2 below for any professional services contract associated with activities funded under this grant. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a coon of the procurement documents listed below. The recipient proceeds at its own risk if it incurs or expends any funds for a professional services contract before the Department reviews and approves the procurement. a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by email, U.S mail or by fax; c. List of firms that submitted a proposal(only if short-listing procedure was used); d. Completed short-listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission(only if short-listing procedure used); Contract Revised: 9/23/11 28 e. Completed final evaluation/ranking forms; f. Portion of commission minutes dealing with contract award; g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); h. Contract(signed or proposed); Truth-in-Negotiation certification(if not in the contract)for engineering contracts over$150,000; j. If a protest was filed,a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds$25,000; 1. If a regional planning council or local government is performing the services,submit only a copy of the contract and cost analysis information. 3 The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract, including any payments previously made. If professional services procurement will not be undertaken, advise the Department. 4. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department,prior to soliciting bids or proposals,a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; Contract Revised: 9/23/11 29 b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications,construction plans,and bid documents;and c. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant activity delivery amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Deparunent. For the purpose of this condition, the allocable grant activity delivery amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total activity delivery costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 5. Any procurement which requires public notice in a newspaper (except as otherwise provided for in this contract)shall be published in a daily newspaper of general circulation in a nearby Office of Management and Budget (OMB) designated metropolitan statistical area(MSA).Alternatively, a local government may substitute such notice with a combination of local newspaper publication and mailed announcements to potential bidders, which generates at least three responsible and responsive bids or proposals. Such publication and/or mailing shall allow at least 12 days for receipt of the proposals or bids. a. The Department must provide written permission prior to the local government awarding any contract exceeding $25,000 procured as a result of inadequate competition, a sole source or noncompetitive procurement. For contracts below $25,000, the local government's files must document the justification for such noncompetitive procurement which complies with 24 C.F.R. 85.36(6)(4). No Request of Proposals or bid advertisement shall include a "minimum experience" clause in order to submit a proposal or bid. b. An contracts for professional services shall conform to the following: i. Any Request for Proposals which includes more than one service shall provide that: Proposals may be submitted for one or more of the services; qualifications and proposals shall be separately stated for each service; The evaluation of the proposals shall be separate for each service. Contract Revised: 9/23/11 30 ii. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal,ranking or comparing each proposal to the criteria in the published Request for Proposals. Based on those criteria, the written evaluation will document why the successful proposal was selected. iii. A separate professional services contract must be procured and executed between the local government and any professional services consultant for each particular CDBG subgrant and each service. Each advertisement for procurement of CDBG professional services, except for subgrant application preparation, must identify or the CDBG subgrant agreement to which it is applicable. iv. Each professional services contract must reference the CDBG subgrant agreement to which it is applicable. c. If CDBG and other sources of funding are being jointly used to fund activities under a single contract, the activities to be paid for with CDBG funds must be shown separately in the bid proposal so that the CDBG activities and the amount of the contract to be paid from CDBG funds are identifiable. If, after applying any specified deductive alternates,construction bids exceed available funds, the local government shall not negotiate with the low bidder unless there is only one bidder or all bidders are allowed to submit revised bids for the revised project. e. If the construction cost can be reduced by deleting entire line items or reducing quantities based on unit prices identified in the bid, the effect of such deletions or reductions on all bidders' prices shall be determined. Contract award shall be made to the low, responsive and responsible bidder for the revised project. f. All contracts in excess of$100,000 covered by Section 3 regulations shall contain the language required in 24 C.F.R. 135.38. 6. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(URA),as amended,and: a. Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. Contract Revised: 9/23/11 31 The documentation shall be submitted within 45 days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Disaster funds will be used for the cost of acquisition,the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals,offer to the owner,acceptance,contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions,shall be submitted within 45 days of the acquisition. 7. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in the Housing and Urban Development(HUD) Handbook 1378 shall not be paid with Disaster funds. Furthermore, if grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. 8. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. 9. No payment from the Department shall be for an amount less than$5,000,unless it is a local government's final request for funds. Additionally, all funds requested from the department must be expended within 3 days of receipt. 10. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995)to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) Special assessments or impact fees cannot be charged to households that are to be hooked-up to a water or sewage system. 11. The maximum percentage of CDBG funds that may be spent on design architectural and engineering costs, excluding additional engineering services, shall be based on the total initial construction budget for eligible Contract Revised: 9/23/11 32 subgrant activities which require architecture and engineering design and shall not exceed the Rural Development (RD) Rural Utility Service (RUS) fee schedule in Florida RUS Bulletin 1780-9 (rev. 10/2009), incorporated herein by reference. Engineering and architectural services during construction shall not exceed the Rural Development (RD) Rural Utility Services (RUS) fee schedule in Florida RUS Bulletin 1780-9(rev.6/2007),incorporated herein by reference. a. If more than one design professional is needed for an activity or activities (e.g., a landscape architect in addition to an engineer for sidewalk construction in a Commercial Revitalization project), the local government shall not exceed the appropriate RD/RUS fee curve for each activity covered by each design professional negotiated separately. For projects involving both Table I and II activities, engineering costs shall be pro-rated appropriately. The Department will not fund or reimburse costs of engineering activities that are not eligible under the Rural Utilities Service(RUS)fee schedule or those costs that exceed the RUS rates. 12. The Recipient, by executing this Agreement, certifies that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. 13. The Recipient shall undertake quarterly activities to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Quarterly shall be defined as an activity every three months for each year from the effective date of the contract to the date of submission of the administrative closeout. The same fair housing activity cannot be repeated within the four quarterly periods for the 12 month period. 14. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R.Section 570.489(j). 15. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. Contract Revised: 9/23/11 33 16. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right to require that an activity meeting the Low to Moderate Income(LMI)national objective he replaced with another activity meeting the LMI national objective if the original activity cannot be completed. 17. All requests for subgrant amendments shall include the following written documentation for review by the Department: a. A cover letter signed by the Chief Elected Official or his or her designee which describes the need for the proposed changes and their effect upon the approved project. b. All application forms that would be changed by the proposed amendment. c. If applicable, a revised activity work plan; a revised budget showing the current and amended budget; If there is a change in activity location, a legible map which indicates the proposed change. d. If applicable, a copy of the minutes of the meeting of the Citizen's Advisory Task Force(CATF) when the proposed amendment was reviewed. e. If applicable, a copy of the public notice of the public notice for the public hearing at which the --- amendment was approved. f Signature of the Chief Elected Official on Modification Form DEO 07.02. g. The amendment must be received by the Department at least 45 days prior to the end of the subgrant agreement. If the amendment is extending the subgrant agreement period, it must be received by the Department at least 90 days prior to the end of the subgrant agreement. h. If the local government requests administrative closeout prior to the termination date of the subgrant agreement, any amendment affecting closeout and requiring Department approval must be included with the closeout. i. Any proposed amendment extending the termination date of the subgrant agreement must be approved by the Department. The local government must explain any delay affecting project completion and must justify the need for the extension. 18. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. and with all other environmental regulatory requirements. 19. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster fmancial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R.Section 570.489(h). Contract Revised: 9/23/11 34 20. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A, Budget and Scope of Work,and on Attachment I, Activity Work Plans. 21. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package,and a copy of the certification shall be submitted with the administrative closeout package. 22. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for finding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting program requirements. 23. Following demolition of a structure on private property,the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in 24 CFR 570. 24. For any activity performed as an"urgent need,"the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds,the `threat to health or welfare"portion of the requirements may be established in the context of the 2008 hurricane season damage. The Recipient must submit an appropriate and properly completed National Objective Form, including attachments; to the Department for review and approval before funds may be drawn down to implement those activities. A copy of the approved National Objective Form must be maintained in the sub-grant file. 25. If grant funds are used for the "slum and blight" national objective, the Recipient must submit a National Objective Form,including attachments,to the Department for review and approval before funds may be drawn down to implement those activities. Before approval, the project files must document that the activity took place in an area officially designated as "slum" or "blighted" and meets HUD requirements Contract Revised: 9/23/11 35 for "slum and blight" on an area basis, or "slum and blight" on a "spot blight" basis. A copy of the approved National Objective form must be maintained in the sub-grant file. 26. For activities where hookups or connections are required as a condition for beneficiary access to a Disaster Recovery funded public improvement,no hookup or connection fees shall be charged to very- low, low or moderate-income beneficiaries. 27. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information;and b. Prior to awarding the construction contract,submit the Bidding Information and Contractor Eligibility form,or document with the same information,and obtain the Department's confirmation that the contractor is not excluded from participation in --- federally funded projects. 28. Pursuant to the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance, insurance, or any other program or sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring,by an audit,or other means may require repayment of duplication of benefit funds. 29. Before expending disaster recovery funds for housing rehabilitation projects, the recipient must receive prior written approval of release of funds and the file shall document damage by the applicable 2008 storm. 30. Recipients of these Disaster Recovery funds are responsible for management of all subrecipients vendors and contractors that will receive funding from this grant or will assist the Recipient in carrying out the activities funded under this grant. Recipients must take steps to ensure compliance with applicable Federal and State rules and regulations. The Recipient's monitoring must cover each program, function or activity. Site visits and any necessary review of files should be undertaken on a regular basis to ensure that projects are being carried out in a timely manner and that they comply with required rules and regulations. Contract Revised: 9/23/11 36 Recipients must report on the subrecipient,vendor and contractor progress on a quarterly basis using the Department's Quarterly Status Report developed specifically for this Disaster Recovery funding. Recipients are encouraged to develop written procedures and checklists for accomplishing such monitoring. During on-site visits, the Department may request documentation that reviews of subrecipients or contracted work has been monitored on a regular basis. 31. Definitions: a. Administrative Costs - Administrative cost means the payment of all reasonable costs of management, coordination, monitoring, and evaluation, and similar costs and carrying charges, related to the planning and execution of community development activities, which are funded in whole or in part under the Florida Community Development Block Grant Disaster Recovery Program. Administrative costs for the 2008 Disaster Action Plan are 2.5% of the total grant award. Activity delivery cost means a cost, except engineering, that can be directly associated with,and is required for,performing a specific activity. Activity delivery costs are charged to the activity line item. Engineering costs shall be charged to the engineering line item and has a separate limit. Activity delivery cost is a maximum of 5% for infrastructure and a maximum of 12%for housing activities. b. Architectural and Engineering Services - Basic services required to be performed by an architect or engineer licensed by the State of Florida including preliminary engineering, design services and services during construction except for the following: i. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required,such as route surveys. ii. Laboratory test,well tests,borings,specialized geological soils,hydraulic or other studies recommended by the engineer. iii. Property surveys, detailed description of sites, maps, drawings, or estimates related to them,assistance in negotiating for land and easement rights. iv. Necessary data and filing maps for water rights. v. Redesigns ordered by the owner after final plans have been accepted by the owner and the local government, except redesigns to reduce the project cost to within the funds available. vi. Appearance before courts or boards on matters of litigation or hearings related to the project. vii. Preparation of environment assessments or environmental impact statements viii. Performance of detailed staking necessary for construction of the project in excess of the control skating. Contract Revised: 9/23/11 37 ix. Provision of the operation and maintenance manual for facilities. x. Activities required for obtaining state and federal regulatory agency construction permits. xi. Design of hookups. xii. Cost of engineering specialties such as electrical; hydro geological services; biologists; and heating,ventilation,and air conditioning(HVAC). c. Authorized Signature - the original signature of the Chief Elected Official or the signature of a person who is designated by charter, resolution, code, ordinance or other official action of the local government to sign Disaster Recovery related documents. If a signature other than the Chief Elected Official is submitted,a copy of that designation must accompany that signature. d. Direct Benefit - CDBG assistance that promotes or enhances individual well-being including housing rehabilitation, sewer and water hookups, or job creation by a Participating Party. Activities taking place on private property provide direct benefit. Activities that only meet a national objective through an area-wide determination and/or on public property (including easements)do not confer direct benefit. e. Job Creation Location — is the geographic location within the project area where job creation activities of the Participating Party and expenditure of non-public funds will occur.This excludes any locations where public funds from any source are being expended for local government-owed infrastructure, local government owned public facilities or within public easements or rights-of- way. £ Jobs Created—means permanent jobs which were not in existence in the State of Florida prior to the provision of the disaster assistance and which would not be created without CDBG Disaster Recovery assistance, In cases where an employer both creates and eliminates jobs,"jobs— created"means the difference between the new jobs—created and the old jobs eliminated. g. Jobs Permanent—a full-time position or a full-time equivalent position(2,000 hours annually)as set forth in the application which is necessary to the overall goals and objectives of a business and which has no known end,and which will be maintained by the Participating Party for a minimum of one year from natural conditions or as otherwise clarified in 24 C.F.R.570.483(b)(4). h. Jobs Retained — a permanent position which, without CDBG Disaster Recovery assistance, would be abolished by layoffs,plant closing,or other severe economic or natural conditions or as otherwise clarified in 24 C.F.R.570.483(b)(4). Jurisdiction—is the corporate limits of a local government. Liquidated Damages - funds paid to a local government by a contractor, vendor, or any other party pursuant to a pursuant to a CDBG-funded contract when such payment is triggered by nonperformance or failure to perform on their part. This definition is applicable whether such Contract Revised: 9/23/1I 38 funds are withheld by the local government or repaid or rebated to the local government by the contractor,vendor or third party. k. Public Notice-defined as an advertisement published in a local newspaper of general circulation at least five days,and no more than 20 days,prior to the event for which the notice was placed. The time period shall not include the date of publication of the notice. 1. Section 3 - refers to Section 3 of the Housing and Community Development Act of 1968, as amended, as effective on 5-23-06, and 24 C.F.R. Part 135, as effective on 5-23-06, relating to employment and other economic opportunities for lower income persons. m. Service Area - total geographic area to be served by a subgrant-funded activity. A service area will encompass all beneficiaries who are reasonably served or would be reasonably served by an activity. 32. An applicant may propose activities in other eligible jurisdictions as long as the applicant includes an executed Interlocal Agreement with their application which: i. Includes as parties all local governments whose jurisdictions are included in the project and/or service area(s); ii. Authorizes the applicant to undertake the activities in all jurisdictions included in the interlocal agreement;and ui. Affirms that all activities are consistent with each local government's comprehensive plan and provides documentation which includes applicable excerpts of each local government's comprehensive plan in the supporting documentation section of the application 33. Documenting LMI Benefit and National Objective: a. HUD Census Data—LMI benefit may be documented by using HUD-provided Census Data where the service area geographically corresponds with block groups,census tracts,or local government geographical limits. A sample-based survey of the beneficiaries must utilize the "Income Verification Form,"Form 28.06,which must correspond with the random sampling requirements established by HUD in Notice CPD-05-06,as effective on 5-23-06. i. The survey process must verify eligibility of any proposed direct benefit activities;certify the number of projected very low, low and moderate income households and beneficiaries,and the total number of beneficiaries. Contract Revised: 9/23/11 39 ii. Where the sample-based survey results substantially overstate the proportion of persons with low or moderate income in a service area, the Department will require the local government to provide supporting evidence which substantiates the survey data. If the survey results are found to be inaccurate,the application shall be rejected. iii. For surveys of service areas under 50 households,all households must be surveyed. Any non-responding household must be assumed to be above low and moderate income. The number of household members for non-responding households may be verified through third parties. iv. For activities where hookups or connections are required for beneficiary access to the public improvement, low and moderate income benefit shall be determined by the number of low and moderate income persons in households connected to and able to use the water,sewer or there infrastructure at the time of administrative closeout. 34. The applicant shall adopt and implement procedures to fulfill regulatory and statutory requirements relating to Lead-Based Paint pursuant to 24 C.F.R. 570.487, 24 C.F.R. Part 35, and Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4822 et seq.). The applicant is required to: a. Prohibit use of lead-based paint; b. Notify potential beneficiaries of the hazards of lead-based paint; c. Inspect properties prior to initiating rehabilitation to determine if lead-based paint is present; d. Take any necessary actions to ensure the protection of workers and occupants during abatement; e. Ensure that proper cleanup and disposal procedures are used;and f. Retain records of enforcement and monitoring for at least three years. 35. At the time of submission of the closeout report, the local government must have available documentation which verifies its certification that all construction has been completed, inspected and approved by all parties prior to the subgrant agreement end date and submission of the administrative closeout. Upon completion of the activities contained in the local government's CDBG Disaster Recovery subgrant agreement, including any amendments, the local government shall submit to the Department a closeout which,at a minimum,gives the final statement of costs,certifies that the project and all non-administrative activities are completed and accepted, that all costs except those reflected on the closeout, and reflected on an enclosed final request for funds,and reports demographics of the program's beneficiaries. 36. Liquidated damages, rebates, refunds, or any other "non-program income" funds received shall be used to conduct additional eligible CDBG activities or returned to the Department. Additional direct and quantifiable costs (i.e., legal fees, court costs, engineering fees or administrative fees) generated by the incident creating the liquidated dames may be deducted from the total liquidated damages prior to Contract Revised: 9/23/11 40 undertaking additional activities or returning funds to the Department. Use of the funds for additional eligible CDBG Disaster Recovery activities must be preceded by an amendment to the contract detailing their use. Contract Revised: 9/23/11 41 ATTACHMENT) GRANT SPECIFIC SPECIAL CONDITIONS(IF APPLICABLE) Contract Revised: 9/23/11 42 ATTACHMENT K CIVIL RIGHTS COMPLIANCE ASSURANCE Fair Housing As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must certify that it will "affirmatively further fair housing" in its community. A recipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each recipient shall do the following: 1) Have in place a fair housing resolution or ordinance that covers all federally protected classes [race, color, familial status,handicap,national origin,religion,and sex]; 2) Publish quarterly a phone number that people can call to ask fair housing questions or register a complaint; 3) Designate an employee who is available Monday through Friday during regular business hours to receive fair housing calls; 4) Establish a system to record the following: a) The nature of the calls, b) The actions taken in response to the calls, c) The results of the actions taken,and d) The end results of referrals to other agencies,when applicable; 5) Conduct at least one fair housing activity each quarter(See examples below.),and 6) Display a fair housing poster in the CDBG Office. The fair housing contact person is expected to have received training so that they can handle fair housing phone inquires or to refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1) Define where discriminatory practices are occurring, 2) Help the community measure the effectiveness of its outreach efforts,and 3) Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: • Presentations at schools,civic clubs,and neighborhood associations, • Distributing fair housing materials at libraries,fairs,and businesses, • Print a fair housing notice on utility bills mailed to residents,and • Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company employees,insurance agents,and apartment complex owners. Contract Revised: 9/23/11 43 Recipients shall document the fair housing activities and include information about the activities in the comment section of their quarterly report. Equal Employment Opportunity As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must certify that it and the contractors that it hires with CDBG funds will abide by the Equal Employment Opportunity Laws of the United States. A recipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each recipient shall do the following: 1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors from discrimination in hiring, promotion, discharge,pay,fringe benefits,job training,classification,referral,and other aspects of employment,on the basis of race,color,religion,sex,national origin,disability,age,or genetics; 2) Publish quarterly a phone number that residents can call to ask equal employment opportunity questions or register a complaint; 3) Designate an employee who is available Monday through Friday during regular business hours to receive equal employment opportunity calls;and 4) Establish a system to record the following: a) The nature of the calls, b) The actions taken in response to the calls,and c) The results of the actions taken; Each recipient shall maintain a list of certified minority- and women-owned businesses that operate in its region. The recipient shall use this list to solicit businesses to bid on CDBG-funded activities and shall provide a copy of the list to prime contractors to use when they hire subcontractors. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used for this purpose at the following website: https://vendorstrator.dms.mvf orida.corn/directory. Section 504 and the Americans with Disabilities Act(ADA) As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must certify that it provides access to all Federally funded activities to all individuals,regardless of handicap. A recipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each recipient shall do the following: 1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who a) Has a physical or mental impairment which substantially limits one or more major life activities, Contract Revised: 9/23/11 44 b) Has a record of such an impairment,or c) Is regarded as having such an imparment; 2) Publish a phone number that residents can call to ask questions or register a complaint related to Section 504 or the Americans with Disabilities Act; 3) Designate an employee who is available Monday through Friday during regular business hours to receive calls;and 4) Establish a system to record the following: a) The nature of the calls, b) The actions taken in response to the calls,and c) The results of the actions taken. The Section 504 prohibitions against discrimination (See 45 CFR Part 84.) apply to service availability, accessibility, delivery, employment, and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A recipient of Federal financial assistance may not,on the basis of disability: • Deny qualified individuals the opportunity to participate in or benefit from federally funded programs, services,or other benefits, • Deny access to programs,services,benefits or opportunities to participate as a result of physical barriers,or • Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which they are otherwise entitled or qualified. The ADA(Tide II,28 CFR Part 35,and Title III,28 CFR Part 36)prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Tide II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation,health care,social services,courts,voting,and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing,vision,or speech disabilities. Title IQ covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Contract Revised: 9/23/11 45 Section 3-Economic Opportunities for Low-and Very Low-Income Persons Each recipient shall encourage its contractors to hire qualified low and moderate income residents for any job openings that exist on CDBG-funded projects in the community. The recipient and its contractors shall keep records to document the number of low and moderate income people who are hired to work on CDBG-funded projects. The number of low and moderate income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 CFR Part 135.38 is required to be included in CDBG-funded contracts of$100,000 or more. A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC §170Iu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income •persons,particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 LFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135;and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions,including training positions,that are filled(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to Contract Revised: 9/23/11 46 whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance,section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). Civil Rights Statutes As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964—Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion,sex,or national origin; 3. Title VIII of the Civil Rights Act of 1968—as amended(the Fair Housing Act of 1988); 4. 24 CFR§570.487(b)—Affirmatively Furthering Fair Housing; 5. 24 CFR§570.606(b)—Relocation assistance for displaced persons at URA levels; 6. Age Discrimination Act of 1975; 7. Executive Order 12892—Fair Housing; 8. 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 finds because of race,color,religion, sex or national origin; 9. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8,which prohibits discrimination against people with disabilities; 10. Executive Order 11063—Equal Opportunity in Housing; 11. Executive Order 11246—Non-discrimination;and Contract Revised: 9/23/11 47 12. Section 3 of the Housing and Urban Development Act of 1968, as amended-Employment/Training of Lower Income Residents and Local Business Contracting. I hereby certify that MOnroe County shall comply with all of the provisions and Federal regulations listed in this attachment. By: �`�/�-' Date: / /2.S /z (Authoriz Signature) Name: .D INIQ. f kI ea )— Title: frakm 1 f, l0nfnQ. COUY175 , L A -.FINE .FINEy fie MON !NE?PS114_, PEDRO J.MET /ADt. lilt Date_ Concoct Revised: 9/23/11 48 ATTACHMENT SIGNATURE AUTHORIZATION FORM Contact Revised: 9/23/11 49 Department of Economic Opportunity—Small Cities Community Development Block Grant Program ATTACHMENT L—Signature Authorization Form 1on1201 t Submit an original Signature Authorization Form with each copy of the contract Recipient: Contract Number: Funding Source: Monroe County 12DB-P5-11-54-01-K47 ❑Small Cities CDBG ® Disaster ❑ NSP Mailing Address(Street or P.O. Box): 1400 Kennedy Drive Local Government DUNS#: City, State, and Zip Code: Key West, FL 33040 073876757 Project Contact Person: Telephone Number: E-mail Address: John O'Brien (305)296-5621 Ext: hsijob@aol.com Financial Contact Person: Telephone Number: E-mail Address: Marie Brouilette (305)296-5621 Ext: BrouilletteM@kwha.org Other Local Government Contact: Telephone Number: E-mail Address: ( ) - Ext: Requests for Funds (RFFs)require(check one): ® one signature 0 two signatures of individuals authorized below. RFFs must be submitted via the Department's website at http://ecdbn.doe. 4lorida.com/(or by an alternative means specified by the Department). Name Typed: J. Manuel Castillo, Sr. Date: tj vat‘c Signatu ® Check here If above person is authorized to submit RFFs. E-mail Address: castillom@ktha.org Name Typed: Marie Brouillette Date: t/tg I u. ` p' C`)O o- Signature ® Check here if above person is authorized E-mail Address: brouill ttem@kwha.or to submit RFFs. g Name Typed: Date: Signature ❑ Check here if above person is authorized E-mail Address: to submit RFFs. Name Typed: Date: Signature ❑ Check here if above person is authorized E-mail Address: to submit RFFs. I certify,as the recipient's Chief Elected Official,that the above signatures are of the individuals authorized to sign Requests for Funds and to submit RFF's electronically. Typed Name: David Rice Date: I/2 S//a. Sig trr--- ne re 1LAdl1 ® Check here If your local government utilizes Electronic Funds Transfer(EFT)from the State of Florida. ® Check here if your local government will be working on a reimbursement basis. ❑ If this signature authority form pertains to a housing grant, check here if your local government will use an escrow account for housing activities. CDBG payments to local governments using EFT are automatically deposited in the local governments general account. If the account is interest bearing,the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's website: http://flair.dbf.state.fLus/. Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non-interest bearing account. Provide account information for the financial institution(insured by FDIC)below. All signatures on the account must be bonded. Name of Financial Institution: Account Number: Address: Telephone Number: ( ) - City, State and Zip Code: , t P O DAS PEDRO J. ACCICTAA Annonicv 1/7 nit 7