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08/19/2020 Agreement tarft.....4 Kevin Madok, CPA c ;"= Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: June 3, 2020 TO: Helene Wetherington, Director Local Disaster Recovery Department FROM: Pamela Han sAtti.C. SUBJECT: May 20th BOCC Meeting Attached is a copy of Resolution No. 150-2020 accepting the Community Development Block Gram- Disaster Recovery (CDBG-DR) hinds in the amount of$15 million for non- matching grant funds from the Florida Department of Economic Opportunity (DEO) for implementation of the Voluntary Home Buyout Program and direct die County Administrator to sign the sub-recipient agreement. Please be sure to provide our office with a copy of the fully executed agreement once signed by DEO. Should you have any questions,please feel free to contact me at (305) 292-3550. cc: File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 RESOLUTION NO. 150 -2020 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) SUBRECIPIENT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT-DISASTER RECOVERY (CDBG-DR) VOLUNTARY HOME BUYOUT PROGRAM AND ACCEPTANCE OF $15 MILLION IN NON MATCHING GRANT FUNDS TO IMPLEMENT THE PROGRAM WHEREAS, Congress has appropriated significant funds for disaster recovery through the Community Development Block Grant— Disaster Recovery ("CDBG-DR") program in the aftermath of Hurricane Irma to support community recovery; and WHEREAS, the Department of Housing and Urban Development (`HUD") administers the CDBG-DR grant program and issued guidelines for application and award; and WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low and moderate income persons in a manner that ensures at least 70 percent of the grant amount awarded under this agreement is expended for activities that benefit such persons; and WHEREAS, pursuant to the HUD guidelines the Florida Department of Economic Opportunity ("DEO") submitted a state action plan setting forth the states proposed disaster recovery programs; and WHEREAS, Monroe County conducted a countywide survey of impacted residents, a public outreach campaign consisting of a direct mail-out to interested individuals, a media outreach campaign, and an online registration survey to identify homeowners interested in the program; and WHEREAS, Monroe County applied to DEO for CDBG-DR funds to implement a Voluntary Home Buyout Program that would purchase homes damaged by Hurricane Irma at pre Hurricane Irma fair market value, demolish the structure, and maintain the property as greenspacc or allow limited use of these lots in compliance with HUD regulations; and WHEREAS, on November 26, 2019 the Florida Department of Economic Opportunity awarded Monroe County $15 Million in CDBG-DR Voluntary Home Buyout Program funds and on March 13. 2020 transmitted the Sub-recipient agreement. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The County Administrator is directed to sign the CDBG-DR Voluntary Home Buyout Program Sub-recipient agreement with DEO accepting $15 Million in non-match grant funds. 2. Monroe County staff are directed to implement the Voluntary Home Buyout Program in compliance with all requirements imposed by Federal statues, regulations and the terms and conditions of DEO's Federal Award. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a regular meeting held on the 20th Day of May, 2020. Mayor Heather Carruthers Yrs Mayor Pro Tern Michelle Coldiron Yes Commissioner Craig Cates Yes ":Commissioner David Rice Yes Commissioner Sylvia Murphy Yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COU TY, FLORIDA BY: ....,-r�r^�C.(_i BY: As Deputy Clerk ayor MONROE COINfY ATTORNEY NALT Lo nnss4 CNRISITNE I.RIRERRRARROWS ASSISTANT COUNTY DATE 2 0 m g -- �- w O 3J -c- r m r"- O D C Z 0 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 State of Florida Department of Economic Opportunity Federally-Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program Subrecipient Agreement THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, (hereinafter referred to as"DEO") and Monroe County Board of County Commissioners,hereinafter referred to as the"Subrecipient"(each individually a"Party"and collectively"the Parties"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS,pursuant to Public Law(P.L.) 114-254,the"Further Continuing and Security Assistance Appropriations Act, 2017"and P.L. 115-31, the"Consolidated Appropriations Act,2017, (hereinafter jointly referred to as the"Appropriation Acts"),and the"Allocations,Common Application,Waivers,and Alternative Requirements for Community Development Block Grant - Disaster Recovery DEOs", 81 Fed. Reg. 224 (November 21,2016); 82 Fed. Reg. 11 (January 18,2017);and 82 Fed.Reg. 150 (August 7,2017) (hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant - Disaster Recovery (CDBG-DR) funds to DEO for activities authorized under Title I of the Housing and Community Development Act of 1974(42 United States Code(U.S.C.) 5301 et seq.) and described in the State of Florida Action Plan for Disaster Recovery(hereinafter referred to as the"Action Plan"). DEO is hereinafter referred to from time to time as "Grantee". WHEREAS, CDBG-DR funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO's Federal award,the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low- and moderate- income persons in a manner that ensures at least 70 percent of the grant amount awarded under this Agreement is expended for activities that benefit such persons. NOW THEREFORE,DEO and the Subrecipient agree to the following: (1) Scope of Work. The Scope of Work for this Agreement includes Attachment A,Scope of Work. With respect to Attachment B,Project Budget Detail,and Attachment C,Activity Work Plan,the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. 1 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 (2) Incorporation of Laws, Rules, Regulations and Policies. The Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations, including but not necessarily limited to, the Federal laws and regulations set forth at 24 CFR 570 and the State's Action Plan. (3) Period of Agreement. This Agreement begins upon execution by both Parties (effective date) and ends 24 months after execution by DEO, unless otherwise terminated as provided in this Agreement. DEO shall not grant any extension of the Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion,and the Director of DEO's Office of Disaster Recovery approves such extension. (4) Modification of Agreement. Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement.DEO may accept or reject any proposed modification based on DEO's sole determination and absolute discretion,that any such acceptance or rejection is in the State's best interest. (5) Records. (a) The Subrecipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 — Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards. (b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (6)titled"Audit Requirements"and Attachments J and K herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6)years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period,in which case the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six(6)years after final disposition. 3. Records relating to real property acquired shall be retained for six (6)years after the closing on the transfer of title. (f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors,subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or(ii)ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. 2 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement for such costs as described herein,Subparagraph(21)(e),Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (6) Audit Requirements (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty(60) calendar days of the close of the fiscal year,on an annual basis,the Subrecipient shall electronically submit a completed Audit Compliance Certification to auditna.deo.myflorida.com,and DEO's grant manager;a blank version of which is attached hereto as Attachment K The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment J titled "Audit Requirements", the Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-DR subgrant. (d)Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 CFR 200.512,when such provisions are applicable to this Agreement. (7) Reports. The Subrecipient shall provide DEO with all reports and information set forth in Attachment G tided"Reports." Both the monthly and quarterly reports,as well as the administrative closeout reports must include the status and progress of the Subrecipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement. Upon request by DEO, the Subrecipient shall provide additional program updates or information. If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,payments may be withheld until the reports are properly completed.DEO may also take other action as stated in Paragraph (12)Remedies or otherwise allowable by law. (8) Inspections and Monitoring • (a)The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as DEO determines is necessary for DEO to meet the requirements of 2 C.F.R.part 200. (b) The Subrecipient must submit to monitoring of its activities by DEO as DEO determines necessary to ensure that the subaward is used for authorized purposes in compliance with Federal statutes, regulations and the terms and conditions of this agreement. (c) This review must include: (1) reviewing financial and performance reports required by DEO, (2) following-up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO as detected through audits,on- site reviews and other means and (3) issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 C.F.R. §200.521. (d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and 3 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0099 appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from the pass-through entity as detected through audits,on-site reviews and other means.In response to audit deficiencies or other findings of noncompliance with this Agreement, DEO may impose additional conditions on the use of the CDBG-DR funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. (9) Duplication of Benefits. The Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 et seq.) and described in Appropriations Acts. The Subrecipient must comply with HUD's requirements for duplication of benefits,imposed by the Federal Register Guidance. The Subrecipient shall carry out the activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement(See Attachment M). (10) Liability. (a) If the Subrecipient is a state agency or subdivision,as defined in Section 768.28(2),F.S.,pursuant to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) The Subrecipient further agrees to assume sole responsibility,training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. The subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. Nothing herein shall be construed as consent by the Subrecipient to be sued by third parties in any matter arising out of any agreement,contract or subcontract. (c) If the Subrecipient is a state agency or subdivision, as defined in Section 768.28, F.S., then the Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions,which result in claims or suits against DEO.The subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28,F.S. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any agreement,contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. (11) Events of Default. If any of the following events occur("Events of Default'),DEO may,in its sole and absolute discretion,elect to terminate any obligation to make any further payment of funds,exercise any of the remedies set forth in Paragraph (12) Remedies or pursue any remedy at law or in equity,without limitation: (a) Any warranty or representation made by the Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect,or if the Subrecipient fails to keep or perform any of the obligations,terms,or covenants in this Agreement or any previous agreement with DEO, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; (b) Any material adverse change occurs in the financial condition of the Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30) calendar days from the date written notice is sent by DEO; (c) The Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete or insufficient information or fails to submit additional information as requested by DEO; (d) The Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. 4 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods,or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1)within ten (10) calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay,disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines,in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State,in which case,DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources(without recourse to and by Subrecipient for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity or(3) terminate the Agreement in whole or in part. (12) Remedies. If an Event of Default occurs,DEO shall provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following remedies,either concurrently or consecutively: (a) Terminate this Agreement upon twenty-four(24)hour written notice by DEO sent in conformity with Paragraph (16)Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand that the Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule or regulation governing the use of the funds;and (e) Exercise any corrective or remedial actions,including but not limited to: 1. Requesting additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 5 DocuSign Envelope ID.AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 2. Issuing a written warning to advise that more serious measures may be taken if the situation is not corrected;and/or 3. Advising the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect,extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. (13) Dispute Resolution. DEO shall decide disputes concerning the performance of the Agreement, document dispute decisions in writing and serve a copy of same on the Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within twenty-one (21)days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S.,is an absolute condition precedent to the Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,F.S. (14) Citizen Complaints. The goal of the State is to provide an opportunity to resolve complaints in a timely manner,usually within fifteen (15) business days as expected by HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination (b) A program assistance award calculation and (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Disaster Recovery email at CDBG- DR(aideo.myflorida.com or submit by postal mail to the following address: Attention:Office of Disaster Recovery Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 160 Tallahassee,Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary (b) Resolution or (c) Follow-up actions. If the complainant is not satisfied by the Subrecipient's determination, then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process,the complainant has not been satisfied with the response,a formal complaint may then be addressed directly to the DEO at: Department of Economic Opportunity Caldwell Building,MSC-400 107 E Madison Street 6 DocuSign Envelope ID.AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Tallahassee, FL 32399 The Florida acre ofDisaster Recovery operates in Accordance with the Federal Fair Housing Law(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousing. (15) Termination. (a) DEO may suspend or terminate this Agreement for cause upon twenty-four (24) hour written notice, from the date notice is sent by DEO. Cause includes,but is not limited to the Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules,regulations, statutes, executive orders,HUD guidelines,policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document,paper,letter or other material subject to disclosure under law,including Chapter 119, F.S., as amended. The aforementioned reasons for Termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate this Agreement. In the event of suspension or termination, the Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing the Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. The Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, the Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed upon by the Parties,which must include the effective date of the termination. (d) In the event that this Agreement is terminated, the Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date the Subrecipient has received the notification of termination. The Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after the Subrecipient's receipt of the termination notice. The Subrecipient shall not be relieved of liability to DEO because of any breach of the Agreement by the Subrecipient. DEO may,to the extent authorized by law,withhold payments to the Subrecipient for the purpose of set- off until the exact amount of damages due to DEO from the Subrecipient is determined. (e)Upon expiration or termination of this Agreement the Subrecipient shall transfer to DEO any CDBG- DR funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-DR funds. (f) Upon expiration or termination of this Agreement, the Subrecipient shall follow the agreement closeout procedures set forth in rule 73C-23.0051 (5), FAC (g)Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-DR funds (including CDBG-DR funds provided to the subrecipient in the form of a loan) in excess of$25,000 must either. 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or 2. If not used to meet a national objective,Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- 7 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 CDBG-DR funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (h)The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (16) Notice and Contact. (a)All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery, first class or certified mail with return receipt requested, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b)The name and address of DEO's Grant Manager for this Agreement is: Joshua Bradt 107 East Madison Street-MSC 160 Tallahassee,Florida 32399-6508 (850)717-8436 (850) 921-3117 joshua.bradt@deo.myflorida.com (c)The name and address of the Local Government Project Contact for this Agreement is: Helene Wetherington 2798 Overseas Highway Marathon,FL 33050 Phone:305-504-3036 Fax: Email:Wetherington-helene@monroecounty-fl.gov (d)If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in Paragraph (16) above. (17) Contracts. If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions or other changes thereto, must be forwarded to DEO for prior written approval. For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 C.F.R. §200.318-§200.326 when procuring property and services under this Agreement(refer to Attachment D). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations; (e) that the contractor shall hold DEO and the Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; (f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; (g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non-Federal Entity Contract Under Federal Awards—(refer to Attachment L) 8 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 C.F.R. 570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. The Subrecipient must ensure all contracts and agreements clearly state the period of performance or date of completion and incorporate performance requirements. The Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. (18) Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions,terms,conditions,or obligations other than those contained in this Agreement; and this Agreement supersedes all previous understandings. No waiver by DEO may be effective unless made in writing by an authorized DEO official (19) Attachments. (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A—Scope of Work Attachment B—Project Detail Budget(Example) Attachment C—Activity Work Plan(Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports Attachment H—Warranties and Representations Attachment I—Audit Requirements Exhibit 1 to Attachment I—Funding Sources Attachment J— Audit Compliance Certification Attachment K—SERA Access Authorization Form Attachment L-2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement (20) Funding/Consideration. (a) The funding for this Agreement shall not exceed Fifteen Million Dollars and Zero Cents ($15,000,000.00) subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216,F.S. or the Florida Constitution. (b) DEO will provide funds to the Subrecipient by issuing a Notice of Subgrant Award/Fund Availability("NFA")through DEO's financial management information system. Each NFA may contain specific terms, conditions,assurances,restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA,the Subrecipient agrees to comply with all terms,conditions,assurances,restrictions or other instructions listed in the NFA. (c) By execution of this Agreement, the Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-DR program for which the Subrecipient receives funding from DEO.These written administrative procedures,processes and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance and the terms of this Agreement. The Subrecipient agrees to comply with all the terms and conditions of Attachment D titled"Program and Special Conditions". 9 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0091 (d) The Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with the Scope of Work. (e) The Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form,Attachment L, to this Agreement, must approve the submission of each Request for Funds ("RFF") on behalf of the Subrecipient. (f) Except as set forth herein,or unless otherwise authorized in writing by DEO,costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-DR funds. (g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (20)(i),Mandated Conditions of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate and the Recipient shall submit its administrative closeout report and subgrant agreement closeout package within thirty (30) calendar days from receipt of notice from DEO. (h) The Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by the Subrecipient. (21) Repayments. (a) The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. The Subrecipient shall ensure that its contractors, subcontractors and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., the Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid to the Subrecipient. (c) The Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors,subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) The Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 C.F.R.§570.483(b),(c)and(d);provided,however, the Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion,determines the Subrecipient is at fault for the ineligibility of the activity in question. (e) The Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO,by the Subrecipient,within thirty(30) calendar days from Subrecipient's receipt of notification of such non-compliance. (f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee,Florida 32399-6508 (22) Mandated Conditions. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement,in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. 10 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 (b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (f) The Subrecipient shall comply with all applicable local, state and federal laws, including the Americans With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations,transportation,state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (j) Any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061,F.S.,the rules promulgated thereunder and 2 C.F.R. §200.474. (k) If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount. (1) The Subrecipient hereby acknowledges that the Subrecipient is subject to Florida's Government in the Sunshine Law(Section 286.011,F.S.) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. The Subrecipient hereby agrees that all such aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119,F.S. (m) The Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and 11 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 section 906 of P.L. 101-625,the Cranston-Gonzalez National Affordable Housing Act, 1990,by having, or adopting within ninety(90) days of execution of this Agreement,and enforcing, the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (23) Lobbying Prohibition. (a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies,by its signature to this Agreement,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment or modification of any Federal contract,grant,loan or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and submit Standard Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions;and 3. The Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Paragraph (22),above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars (410,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (24) Copyright,Patent and Trademark. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by the Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it,the Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, the Subrecipient shall notify DEO.Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, the Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should 12 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0091 know could give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of the Agreement. (25) Legal Authorization. (a) The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind the Subrecipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. (b) The Subrecipient warrants that, to the best of its knowledge, there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish the Subrecipient's ability to satisfy its Agreement obligations. The Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of the Agreement. (26) Public Record Responsibilities. (a) In addition to the Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request,the Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRRequest( ideo.my florida.com within one(1) business day from receipt of the request. (b) The Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. The Subrecipient shall,upon request from DEO's custodian of public records,provide DEO with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S., or as otherwise provided by law. The Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement,unless the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by the Subrecipient in conjunction with this Agreement, the Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011,F.S.,the Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S.,and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by the Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, the Subrecipient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subrecipient-contractor"),the Subrecipient-contractor shall transfer to DEO,at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If the Subrecipient-contractor transfers all public records to the public agency upon completion of the Agreement, the Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Subrecipient-contractor keeps and maintains public records upon completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided to DEO, upon request from DEO's custodian of public records, in a format that is compatible with the information technology systems of DEO. 13 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 (e) If DEO does not possess a record requested through a public records request,DEO shall notify the Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. A Subrecipient-contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10,F.S. (f) The Subrecipient shall notify DEO verbally within twenty-four (24) chronological hours and in writing within seventy-two(72) chronological hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used,copied or removed (except in the ordinary course of business)by anyone except an authorized representative of DEO. The Subrecipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession or otherwise protect the State's rights and the data subject's privacy. (g) The Subrecipient acknowledges that DEO is subject to the provisions of Chapter 119, F.S., relating to public records and that reports, invoices and other documents the Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. The Subrecipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of Chapter 119,F.S. (h) If the Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by the Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. The Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Subrecipient-contractor does not transfer the records to DEO upon completion, including termination,of the Agreement. (i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS • REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRReciuest(a7deo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) To the extent allowable by law, the Subrecipient shall be fully liable for the actions of its agents, employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless the State and DEO,and their officers,agents and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees, partners, contractors or subcontractors, provided, however, that the Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this indemnification provision. (k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO,including, but not limited to,mentioning this Agreement in a press release 14 DocuSign Envelope ID.AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 or other promotional material, identifying DEO or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any material published,either in print or electronically,to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. (1) The Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when entering into any public agency contract for services after the Effective Date of this Agreement. The Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision. (27) Employment Eligibility Verification. (a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess of nominal value to expressly require the Subrecipient to: 1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subrecipient during the Agreement term; and, 2. Include in all contracts under this Agreement the requirement that contractors, subcontractors,consultants and subrecipients performing work or providing services pursuant to this Agreement use the E-Verify system to verify the employment eligibility of all new employees hired by the contractors,subcontractors,consultants and subrecipients during the term of the contract. (b) The Department of Homeland Security's E-Verify system can be found at: http://www.uscis.gov/e-verify (c) If the Subrecipient does not have an E-Verify MOU in effect,the Subrecipient must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. (28) Program Income. (a) The Subrecipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.500(a) or in the Federal Register Guidance governing the CDBG-DR funds) generated by activities carried out with CDBG-DR funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 C.F.R.part 200,24 C.F.R.part 570.504,and the terms of this Agreement. (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-DR activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (29) National Objectives All activities funded with CDBG-DR funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: (a) Benefit to low- and moderate-income persons; (b) Aid in prevention or elimination of slums or blight;and (c) Meet a need having particular urgency(referred to as urgent need). (30) Independent Contractor. a) In the Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed that the Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an 15 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0094 employer/employee relationship,partnership or joint venture between the Parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO and the Subrecipient,its employees, subcontractors or agents. Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied,on behalf of the other. (b) The Subrecipient,its officers,agents,employees,subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent,joint venturer,or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither the Subrecipient,nor its officers,agents,employees,subcontractors or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) The Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent,employee,servant,joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (eg., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. (f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. The Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. The Subrecipient shall ensure that its employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation,reemployment assistance benefits) from an employer other than the State of Florida. (g) The Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. (h)DEO shall not provide any training to Subrecipient,its employees,assigns,agents,representatives or subcontractors in the professional skills necessary to perform the work services required by the Agreement. —Remainder of this page is intentionally left blank- 16 nnrn.Cinn Fnwlnnui in.Ar.-11411.46.AgigIC AaAC eus nnnenrs.nnr. DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 DEO Agreement No.:10092 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments, and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. MONROE CUtJ- 'i1 BOARD OF DEPARTMENT OF ECONOMIC COUNTY 149;9316NERS OPPORTUNITY DocuSigned by: By By tan bow nature ZArft6341C a.Roman Gastesi Ken Lawson Title Title County Administrator Executive Director Date Vicric d, 0070 Date 6/4/2020 Federal Tax ID# 59-60000749 DUNS# 0738767570000 Approved as to form and legal sufficiency,subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY c DocuSigned by: f a t S jOrkti t, By ••—•5757EE4g17o4C97.. Approved Date: _ 6/4/2020 NOIwaCOURYAYTOtlNOY ��� �lick / CswlfiMtailtTiAtla A1i�Y 9115[A3 g " 17 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment A — Scope of Work 1.Project Description The U.S. Department of Housing and Urban Development(HUD) allocated Community Development Block Grant Disaster Recovery(CDBG-DR) funds to the State of Florida to be distributed in the Federal Emergency Management Agency(FEMA) declared counties impacted by Hurricane Irma for activities authorized under Title I of the Housing and Community Development Act of 1974(42 United States Code (U.S.C.) 5301 et seq.) and described in the State of Florida Action Plan for Disaster Recovery. Monroe County Board of County Commissioners has been selected to participate in the Voluntary Home Buyout(VHB) CDBG-DR program.These funds will be used to principally benefit low-and moderate- income persons. Funds will be used to acquire properties that are in Special Flood Hazard Area(SFHA),and in high risk-flood areas to help reduce the impact of future disasters,and to assist property owners relocate outside the threat of flooding with the focus on properties that do not have flood insurance. There are two options under this grant:The first option is to use the CDBG-DR funding as a leverage to match funding projects that are also eligible for the Hazard Mitigation Grant Program (HMGP)provided by the Federal government.The second option is to work directly with DEO to acquire contiguous parcels of properties of residential areas that meet low-and moderate-income area requirements,and/or assist low-and moderate-income households. Necessary assistance will be provided in the form of buyout and demolition of existing housing units. Housing units whose occupants qualify as low- to moderate--income (LMI) households will be acquired and demolished in compliance with the local building code and the U.S. Department of I lousing and Urban Development's standards outlined in the Federal Register Notices. Awards to eligible homeowners will be based on the overall level of damage in the proposed buyout area,as determined by condemnation, flood levels and/or status as beyond reasonable repair for each property,and the extent to which the proposed buyout program supports overall flood mitigation plans for the area and community. 2. Subrecipient Responsibilities A. CDBG-DR Voluntary Home Buyout Policies and Procedures and Implementation Monroe County Board of County Commissioners will conduct the program design and implementation services necessary to mobilize and launch its production implementation systems to support the programs and projects to help people, properties and communities recover from storm related damage due to Hurricane Irma as follows: 1. Complete and submit to DEO within 45 days of agreement execution,a staffing plan for the Monroe County Board of County Commissioners CDBG-DR Program that includes: a. Organizational chart;and, b.Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors. c. Scope of work and procurement plan for all contracted staff,vendors,and contractors. 2. Develop and submit a copy of the following policies and procedures to the DEO Agreement Manager within 45 days of agreement execution: 18 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 a. Procurement policies and procedures that incorporate 2 CFR Part 200.317-326. b. Administrative financial management policies,which must comply with all applicable HUD CDBG-DR and State of Florida rules. c. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-DR and DEO Policies d. Policies and procedures that at a minimum,include information about the VHB application process,application requirements,underwriting criteria,compliance requirements,and reporting methodology e. Policies and procedures to detect and prevent fraud,waste and abuse that describe how the subrecipient will verify the accuracy of applicant information,monitoring policy indicating how and why monitoring is conducted,the frequency of monitoring,and which items will be monitored,and procedure for referring instances of fraud,waste and abuse to HUD OIG Fraud Hotline(phone: 1-800-347-3735 or email: hotline( hudoig.gov). f. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Award. 3. Establish and administer a system of record and production and grants management reporting systems within 45 days of agreement execution. 4. Complete and submit a Project Detail Budget(Attachment B) for approval by DEO no later than 60 days after the execution of the subrecipient agreement. 5. Complete and submit an Activity Work Plan(Attachment C) for approval by DEO no later than 30 days after the execution of the subrecipient agreement. 6. Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. 7. Comply with all terms and conditions of the subrecipient agreement,Voluntary Home Buyout Program Guidelines and Design,Action Plan,Action Plan Amendments,and Federal,State and local laws. 8. Attend fraud related training by HUD OIG to assist in the proper management of CDBG-DR grant funds when available. 9. Update all applicable VHB policies and procedures as needed and upon DEO request. 10. Complete procurement of all vendors for internal grants management and compliance and direct program and project production,including: a. Selection of vendors,subrecipients,and/or staff that will be responsible for managing applicant intake and related operations,compliance, finance and administration; b. Selection of vendors, subrecipients,and/or staff that will be responsible for managing demolition and/or construction; c. Selection of vendors,subrecipients,and/or staff that will be responsible for managing Land and Structure Buyout;and, 19 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 d. Selection of vendors,subrecipients,and/or staff that will be responsible for Appraisal, Environmental Review, tide services,and legal services. 11. Meet or exceed federal underwriting standards. Subrecipients must establish underwriting criteria that,at a minimum,complies with CDBG underwriting criteria found at 24 CFR 570.209. Project costs must be demonstrated to be reasonable.All other sources of financing must be committed or otherwise unavailable to the applicant.Project costs must be need-based,and documentation must be sufficient to prove that CDBG funds will not supplant non-federal financial funding or support. 12. Include the following statement on all program materials and applications "Warning:Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729." 13. Ensure all projects seeking assistance under the current CDBG-DR funds for Hurricane Irma, and any future funds allocated for Hurricane Irma,provided by DEO,receive the required Environmental Clearance from DEO prior to the Subrecipient being able to commit CDBG-DR funds. 14. Evaluate each grant applicant for the potential for duplication of benefits and decline any grant amount that would constitute such a duplication. 15. Develop and submit a monthly revised detailed budget measuring the actual cost versus projected cost by the 10th day of the following month. 16. Develop and submit a monthly revised detailed timeline for implementation consistent with the milestones outlined in the VHB program guidelines and report actual progress against the projected progress. 17. Develop and submit both a monthly and quarterly report to DEO by the 10th day of the following month or quarter,that outlines the progress made to date,the projected activities to be completed in the upcoming month or quarter,and any risks or issues identified for the delivery of the project.The reports must include metrics that demonstrate the implementation costs to date with projected spending,and any other information DEO determines is necessary. 18. Obtain approval from DEO and FEMA before conveying ownership. 19. Provide scope of land use in accordance with DEO's direction,prior to closing. 20. Enforce the proper land use according to 83 Fed Reg. 5863 in perpetuity for a use that is compatible with open space,recreational,or floodplain and wetlands management practices. 21. Enforce and monitor all deed restrictions. 22. Approve the conveying of property and the proper use of land. 20 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9CB2F340DF1 DEO Agreement No.:I0092 23. Utilize a certified appraiser for each property that is eligible to be acquired. 24. Utilize a certified damage inspector to assess damages of each property to assure that damages were caused by Hurricane Irma. 25. The Subrecipient shall adhere to the following deadlines for the project. If the Subrecipient is unable to meet a deadline,the subrecipient shall request an extension of such deadline from DEO in writing no later than thirty(30) business days prior to the deadline.Deadlines shall not be extended outside of the Term of this agreement except by a formal amendment executed in accordance with section (4)Modification of Agreement. Activity Deadline Program Design and Implementation,as outlined in Section 2.,B. 9/15/2020 Completion of Homeowner buyout and Incentives, as outlined in Section 2.,C. 6/15/2021 Completion of Demolition and Closeout as outlined in Section 2.,D. 6/15/2022 B.Deliverable I:Program Design and Implementation Task 1: Perform Intake for VHB applicants,which shall include the following components: • Intake application processing • Phone calls and/or in-person meetings with applicants • Assist applicants with proper documentation • Review and analyze submitted documentation • Analyze for priority,if applicable Task 2: Perform VHB Eligibility analysis which shall include the following components: • Perform application authorizations • Confirming ownership • Confirming primary residence • Identify priority status • Perform damage assessment • Identify tieback to disaster • Income Certifications • National Objectives Determination Task 3: Perform Duplication of Benefits (DOB) analysis,which shall include the following components: • Perform FEMA data analysis • Perform SBA data analysis • Perform NFIP data analysis • Perform Private Insurance data analysis • Perform Non-profits data analysis • Perform other assistance analysis • Analyze spent funds • Verify funds were spent for their intended purpose • Complete DOB review • Complete DOB finalworksheet 21 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Task 4: Perform the Review and Approval of VHB applicants,which shall include the following components: • Review applicant files for completeness • Determine pre-disaster fair market value • Determine final applicant eligibility/award amount • Issue grant award to eligible applicant • Applicant appeal process Task 5: Complete the Environmental Review Record(ERR),which shall include the following components: • Analyze applicant housing to determine proper ERR • Inspection of property • Complete tier 1 review • Complete tier 2 review • Complete and analyze lead-based paint testing • Complete and analyze asbestos testing Task 6: Perform Final Scope and Feasibility assessments,which shall include the following components: • Revise scope for State Historic Preservation Office (SHPO) requirements • Revise scope for lead-based paint mitigation • Revise scope for asbestos mitigation • Analyze for cost reasonableness and feasibility of the project • Complete and review final inspection reports Task 7: Complete the necessary Procurement and Closing activities which shall include the following components: • Prepare statement of work for contractor bid • Prepare and advertise procurement documents • Review and respond to procurement questions • Revise bid documents if necessary • Review submissions and select contractor • Conduct debarment check and contractor licensing • Award bid • Review and modify agreement and award amounts • Closing coordination • Prepare and receive escrow • Execute agreement with contractor C.Deliverable II: Homeowner Buyout and Incentives • Task: 1 Complete the Homeowner Buyout and Incentive Program activities which shall include the following components: • Property Appraisals • Legal Services • Conduct Tide and lien searches • Uniform Relocation Act (URA) compliance,when applicable • Recording fees • • Perform homeowner buyout • Perform homeowner incentives,if applicable • Execute closing documents 22 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 D. Deliverable III: Demolition and Closeout Task 1: Complete Demolition activities which shall include the following components: • Notice to Proceed (NTP) • Contractor obtains all permits • Conduct inspections • Conduct final walkthrough • Process payments Task 2:Complete grant agreement Closeout Packages which shall include the following components: • Complete final inspection report • Review project files prior to final closeout • Compile closeout documentation —Remainder of this page is intentionally left blank^- 23 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 3. DELIVERABLES: The Subrecipient agrees to provide the following services as specified: Deliverable I Minimum Level of Service Financial Consequences (to submit for request for payment) Project Design and The Subrecipient shall be reimbursed upon Failure to perform the Implementation completion of a minimum of one deliverable minimum level of service shall Subrecipient shall complete an task per housing unit as detailed in result in nonpayment for this eligible deliverable task as detailed in Attachment A,Section 2,B., deliverable for each payment Attachment A,Section 2.,B.Above. evidenced by invoices(s)noting completed request. tasks with supporting documentation (such as payroll,invoices from contractors,etc.)as applicable upon the approval from DEO along with the submission of both a monthly report and a quarterly report detailing the work completed in Deliverable I. The completion of the monthly and quarterly reports alone does not meet the minimum level of service required for payment. Deliverable II Minimum Level of Service Financial Consequences (to submit for request for payment) Homeowner Buyout and The Subrecipient shall be reimbursed upon Failure to perform the Incentives completion of a minimum of one project minimum level of service shall Subrecipient shall complete an deliverable task as detailed in Attachment A, result in nonpayment for this Eligible deliverable task as detailed in Section 2. C;evidenced by invoices(s) noting deliverable for each payment Attachment A,Section 2.,C. completed tasks with supporting request. above documentation(such as payroll,invoices from contractors,etc.) as applicable upon the approval from DEO and along with the submission of both a monthly and quarterly report detailing the work completed in Deliverable II. The completion of the monthly and quarterly reports alone does not meet the minimum level of service required for payment. Deliverable III Minimum Level of Service Financial Consequences (to submit for request for payment) Demolition and Closeout The Subrecipient shall be reimbursed upon Failure to perform the Subrecipient shall complete an completion of a minimum of one project minimum level of service shall Eligible deliverable task as detailed in deliverable task as detailed in Attachment A, result in nonpayment for this Attachment A,Section 2.,D. Section 2.D;evidenced by invoices(s)noting deliverable for each payment above completed tasks with supporting request. documentation (such as payroll,invoices from contractors,etc.) as applicable upon the approval from DEO and along with the submission of both a monthly and quarterly 24 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 report detailing the work completed in Deliverable III. The completion of the monthly and quarterly reports alone does not meet the minimum level of service required for payment. The Subrecipient shall be reimbursed upon completion of a minimum of 100 percent of the demolition activities for each project; evidenced by the final inspection of the site after the activities have been completed,signed by the contractor,certified by the housing specialist or building inspector for the project TOTAL AWARD NOT TO EXCEED$15,000,000.00 4.DEO Responsibilities: DEO shall receive and review the Deliverables and,upon DEO's acceptance of the Deliverables and receipt of the Subrecipient's pertinent invoices in compliance with the invoice procedures of this Agreement,DEO shall process payment to the Subrecipient in accordance with the terms and conditions of this Agreement. DEO will administer and oversee the jurisdiction in which the program applies.DEO will be responsible for the following. 1. Provide the Voluntary Home Buyout Program Guidelines and Design,Action Plan,and Action Plan Amendments to the Subrecipient. 2. Provide updates of policies and procedures to the Subrecipient. 3. Approve the outreach campaign established by the Subrecipient that will target homeowners impacted by Hurricane Irma. 4. Approve the application process,application requirements,compliance requirements,and reporting methodology provided by the Subrecipient. 5. Review the detailed budget and measure actual cost versus projected cost on a monthly basis. 6. Review the progress made to date,the projected activities to be completed in the upcoming month, and any risks or issues identified for the delivery of the project as reported in the subrecipients required monthly and quarterly report. 25 j / Ti / Z / ' } tr [ 2 c ik \ / / 3j S .\ § 2 Q / / \ \ z§ w 22 . \ _ P 2 t 2 \ '� 0 - \ 2 / | > /ƒ / } Z V u C § k 1:1 4-12 CO \ \ I Tr ch liii § .g© 2' � & — •im 2 § ( ii d •( ` » = 2 \ ( k § - ^ cn ci : d { 7 . § f : a ( § — § / \ / } c } / — i < d — — — ° _ \ \ E § ' \ k — / \ \ \ § $ j ii)§ 2 k - w w -A: 3 N G1 O z � e U r. O C.r Q C • .j U C .v ;6 C C oc z :J U rI U L U U C. —a. it Q. 14 C O U C 4r U ej U- C z 0 C N C C U- N G. CO o U C v w c U, V " CC •5 '« z v u A a !. U U Q r p O m O ~ C W cn U O a 2k ] x% 2 2 -, 0 V E u ] ± ± Z Ti u OJ bA \ \ 0.k / cct G ° � -00 U 7 . w .\ a 2 S a �2 % c § ■ ± / CLI � ( \ § \ � \ k « , 04I x a0Z1 s § 7 2 K o .; , ._ \ \ . / , § 7 2 § 3 0 § .( ` / Fmk % $ iti.i ®« Q : / k \ K 2 Z—4 = QQ4M% | ƒ 0 § 7 / § ] \ , 7 , \ 2 ® 277 , © /.■ CS % t/ ƒ ¥% � § a34xa \ t § % 2 § 4 f24 \ - ( 2 § ® 4 } k A kB \ \ � $ h 2 kl \ \ k .1 \ vr ; %2 # � $ B ui § G Co $ 0 § 2es 1- o - � j< b v Z '\ § V C I. \ ® f 4C u � 2 J JE k DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment D — Program and Special Conditions Program Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan.If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-DR funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal (RFP) is used as a means of solicitation, a copy of the advertisement,including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-DR funds to pay for professional services. 4. . Prior to the obligation or disbursement of any funds,except for administrative expenses and not to exceed $5000,the Subrecipient shall complete the following: a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract,the local government will not be able to use CDBG-DR funds for that contract beyond$5,000. b. Comply with 24 C.F.R. part 58 and the regulations implementing the National Environmental Policy Act,40 C.F.R.§§ 1500-1508. When the Subrecipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16)when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing regulations at 24 C.F.R.part 42,49 C.F.R.part 24 and 24 C.F.R.§570.606(b),the requirements of 24 C.F.R. § 42.325 — 42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under 29 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 C.F.R.§ 570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA,the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA,an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed,waiver of rights (for donations),as applicable. The documentation shall be submitted prior to completing the acquisition(closing)so that DEO can determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 C.F.R. § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); Section 3 Participation Report (Construction Prime Contractor); Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition,each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday,November 21,2016. 9. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs,the Subrecipient shall provide a copy of AIA form • G702, or a comparable form approved by DEO, if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project,when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond(100 percent of the contract price);and c. The contractor's payment bond(100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 C.F.R. § 570.487(b)(4). 12. The CDBG-DR portion of the cost of post-administrative closeout audits. 13. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, acquired with CDBG-DR funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that tide shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the 30 DocuSIgn Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. § 570.505. Any future change of use of real property shall be in accordance with 24 C.F.R. §570.489(j). 14. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966,as amended,the procedures set forth in 36 C.F.R.part 800,and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating Historic Buildings. 15. Pursuant to section 102(b),Public Law 101-235,42 U.S.C.§3545,the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers, contractors,consultants and engineers involved in the application or in the planning, development or implementation of the project or CDBG-DR-funded activity;and b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 16. If required,the Subrecipient shall submit a final Form HUD 2880,to DEO with the Subrecipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 17. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. § 570.489(g). Title 24 C.F.R. § 570.489(h) shall apply in all conflicts of interest not governed by 24 C.F.R. § 570.489(g),such as those relating to the acquisition or disposition of real property; CDBG-DR financial assistance to beneficiaries, businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with,and this Agreement is subject to,Chapter 112 F.S. 18. Any payment by the Subrecipient using CDBG-DR funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre-approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-DR funds. 19. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 20. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Attachment E — State and Federal Statutes, Regulations, and Policies The CDBG-DR funds available to the Subrecipient through this agreement constitute a subaward of the DEO's Federal award under the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of the DEO's Federal award 31 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this agreement. The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-DR funds available under this agreement.These Federal Register notices include,but are not limited to,Federal Register Guidance (82 FR 5591 &82 FR 36812 and 81 FR 83254).Notwithstanding the foregoing, (1) the Subrecipient does not assume the any of DEO's responsibilities for environmental review, decision-making and action,described in 24 CFR part 58 and (2) the Subrecipient does not assume any of the DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal,state and local laws,regulations and policies that govern the use of the CDBG-DR funds in complying with its obligations under this agreement,regardless of whether CDBG-DR funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal,State and local laws,regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: I. State of Florida Requirements State of Florida Requirements are stated throughout this Agreement and Attachments thereto. II. Audits.Inspections.and Monitoring g 1. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in§200.501 Audit requirements. 2. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes,regulations,and the terms and conditions of this Agreement. This review must include: (1) reviewing financial and performance reports required by the DEO; (2) following-up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits,on-site reviews,and other means;and(3)issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. 3. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits.DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits,on- site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may impose additional conditions on the use of the CDBG-DR funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 32 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 III. Drug-Free Workplace Drug-free workplace.The Subrecipient must comply with drug-free workplace requirements in Subpart B of part 2429,which adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub.L. 100-690,Title V,Subtitle D;41 U.S.C. 701-707). IV. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR§200.318-§200.326 when procuring property and services under this agreement.The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities at [insert 24 CFR 570.609 or 24 CFR 570.489(1) as appropriate]. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement,its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this Agreement. V. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR 570.200(j). The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR 200.312, 2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment,except that when the equipment is sold,the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-DR program or shall be retained after Subrecipient appropriately compensates DEO The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to the extent they are inconsistent with 24 CFR 570.200(j) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR 570.200(j) and 24 CFR 570.489(j), except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). VI. Federal Funding Accountability and Transparency Act(FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number. The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation,2 CFR part 170 Reporting Subaward and Executive Compensation Information. VII.Relocation and Real Property Acquisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(URA),42 USC 4601 —4655,49 CFR part 24,24 CFR part 42,and 24 CFR 570.606. In addition to other URA requirements,these regulations (49 CFR§24.403(d)) implement Section 414 of the Robert T.Stafford Disaster Relief and Emergency Assistance Act,42 USC§ 5181,which provides that "Notwithstanding any other provision of law,no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a 33 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 major disaster as determined by the President,to meet the occupancy requirements set by such Act". VIII. Nondiscrimination 1. 24CFRpart6 The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race,color,national origin,religion or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-DR funds.Thus,the Subrecipient shall comply with regulations of 24 CFR part 8,which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. 2. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed,constructed or altered in accordance with standards that insure accessibility to,and use by,physically handicapped people.A building or facility designed,constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C.4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures,and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act(42 U.S.C. 12131;47 U.S.C. 155,201,218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment,public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further,the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities,where such removal is readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense. 3. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703- 288.706,F.S.); Title VI of the Civil Rights Act of 1964(24 CFR part 1) (I) General Compliance: The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964(P.L. 88-352), as amended.No person in the United States shall, on the ground of race,color or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement.The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds. The Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by tide VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall be kept 34 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0094 confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. (ii) Assurances and Real Property Covenants: As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing,accommodations,facilities,services,financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this Agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or,in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits,or for as long as the recipient retains ownership or possession of the property,whichever is longer. In all other cases,the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal financial assistance under this Agreement or acquired with CDBG-DR funds and provided to the Subrecipient Under this Agreement, the instrument effecting any disposition by the Subrecipient of such real property, structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on,over,or under any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. Affirmative Action (iii) Approved Plan The Subrecipient agrees that it shall carry out pursuant to the DEO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24, 1966,as amended,and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (iv) Women-and Minority-Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when the Subrecipient procures property or services under this Agreement. (v) Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer,advising the labor union or worker's representative of the Subrecipient's commitments hereunder,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (vi) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient,state that it is an Equal Opportunity or Affirmative Action employer. IX. Labor and Employment 1. Labor Standards 35 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974,as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this Agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 3141, et seq.) and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act(18 U.S.C.874)and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall promptly be made available to DEO for review upon request. X. Section 3 of the Housing and Urban Development Act of 1968 1. A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary, with adjustments for smaller and larger families,except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families;or(ii)A very low-income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary with adjustments for smaller and larger families,except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 2. Compliance The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The Subrecipient shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered contract" (as defined in 24 CFR 135.5). A. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or 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 work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. C. The Subrecipient will require its contractors to send to each labor organization or representative of 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. 36 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 D. The Subrecipient will require its contractors to include a materially similar Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The Subrecipient will require its contractors to not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The Subrecipient will require its contractors to certify any vacant employment positions,including training positions,that are filled(1) after the contractor is selected but before the contract is executed,and(2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135.F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 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). 3. Recipients of HUD federal financial assistance shall meet the following hiring and contract numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.30(Numerical goals for meeting the greatest extent feasible requirement.). (3) Recipients of Section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section 3 residents as: (I) 10 percent of the aggregate number of new hires for the one-year period beginning in FY 1995; (ii) 20 percent of the aggregate number of new hires for the one-year period beginning in 1996;and (iii) 30 percent of the aggregate number of new hires for the one-year period beginning in FY 1997 and continuing thereafter. (c) Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to award to Section 3 business concerns: (1) At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation,housing construction and other public construction;and (2) At least three (3)percent of the total dollar amount of all other Section 3 covered contracts. 37 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 XI. Conduct 1. Hatch Act The Subrecipient shall comply with the Hatch Act,5 USC 1501-1508,and shall ensure that no funds provided, nor personnel employed under this agreement,shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Conflict of Interest In the procurement of supplies, equipment, construction and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in the DEO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in the DEO's procurement policies and procedures,the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). Lobbying Certification The Subrecipient hereby certifies that: (I) No Federal appropriated funds have been paid or will be paid,by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an 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; (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions; (iii) The language of paragraph (a) through (d) of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants and contracts under grants,loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly;and (iv) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, tide 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. XII.Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j),such as worship,religious instruction or proselytization. XIII. Environmental Conditions 1. Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(g) of the HCD Act for environmental review, decision-making and action(see 24 CFR part 58)and is not delegated the DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52.24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non-HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant 38 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. Air and Water The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: • Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d));and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6,51,and 93);and • Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act,as amended,and all regulations and guidelines issued thereunder. Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973,as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster assistance,including loan assistance, to a person for repair,replacement or restoration for damage to any personal,residential,or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG-DR award and listed at the beginning of this Attachment. Lead-Based Paint The Subrecipient shall follow DEO approved procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35,subparts A,B,J,K,and R of this title. Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal,state or local historic property list. 39 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment F — Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-DR funds, the Subrecipient must certify that it will"affirmatively further fair housing" in its community. The Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. The Subrecipient shall: 1) Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status,handicap,national origin,religion and sex); 2) Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4) Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency,the results obtained by the referral agency; 5) Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters;and 6) Display a fair housing poster in the CDBG-DR Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: • Define where discriminatory practices are occurring, • Help the community measure the effectiveness of its outreach efforts,and • Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: • Making fair housing presentations at schools,civic clubs and neighborhood association meetings; • Conducting a fair housing poster contest or an essay contest; • Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals;and • Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees,insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO-approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign-in sheets and copies of handouts in their CDBG-DR project file and include information about the • activities in the comment section of each quarterly report. 40 DocuSign Envelope ID'.AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Equal Employment Opportunity As a condition for the receipt of CDBG-DR funds,the Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-DR funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall: 1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors,subrecipients and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment, on the basis of race, color, religion, sex, national origin,disability,age or genetics; 2) Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3) Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4) Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; Each Subrecipient shall maintain a list of certified minority-owned business enterprises(MBE)and women- owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-DR-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used to develop a local MBE/WBE list at the following website: https://osd.dms.myflorida.com/directories. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-DR funds,the Subrecipient must certify that it provides access to all federally funded activities to all individuals,regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall: 1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment,or, c) Is regarded as having such an impairment; 2) Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4) Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations 41 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis of disability: • Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, • 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 regulations (Title II,28 C.F.R. part 35,and Title III,28 C.F.R. part 36) prohibit discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation,and telecommunications.To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation,recreation, health care, social services, courts,voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings.They also must relocate programs or otherwise provide access in inaccessible older buildings,and communicate effectively with people who have hearing,vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants, retail stores, hotels, movie theaters,private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs.Transportation services provided by private entities are also covered by Title III. Section 3 - Economic Opportunities for Low- and Very Low-Income Persons The Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-DR-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income people who are hired to work on CDBG-DR-funded projects. The number of low- and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 C.F.R. § 135.38 is required to be included in CDBG-DR-funded contracts of$100,000 or more. Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,particularly persons who are Subrecipients of HUD assistance for housing. 42 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 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 tides 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 C.F.R. 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 C.F.R.part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R.part 135. E. The contractor will certify that any vacant employment positions,including training positions,that are filled (1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 C.F.R.part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 C.F.R. part 135. F. Noncompliance with HUD's regulations in 24 C.F.R.part 135 may result in sanctions, termination of this 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). 43 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Civil Rights Regulations As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 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 C.F.R. § 570.487(b)—Affirmatively Furthering Fair Housing; 5. 24 C.F.R. §570.490(b)—Unit of general local government's record; 6. 24 C.F.R. § 570.606(b)—Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892—Leadership and Coordination of Fair Housing in Federal Programs:Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974—No person shall be excluded from participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG-DR funds because of race,color,religion,sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity;and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended —Employment/Training of Lower Income Residents and Local Business Contracting. I hereby certify that Monroe County shall comply with all of the provisions and Federal regulations listed in this attachment. (7;r By: Date: Lill.n e c7, of o o Name: Roman Gastesi Title: County Administrator • MONROE COUNTY ATTORNEY SIAPPR D AS TO 0 : CHRISTINE LIMBERT•BARROWS ASS SfANTCOIA[L NORNEY DATE ��LU�c.11 44 DocuSign Envelope ID.AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment G — Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default,of this Agreement. 1. A Monthly Progress Report must be submitted to DEO on forms to be provided by DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report,must be submitted to DEO on forms to be provided by DEO no later than the tenth day of every April,July,October,and January. 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at http://www.flrules.org/Gatewayireference.asp?No=Ref-05360; which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system.The form must reflect all contractual activity for the period,including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period, the form must indicate"no activity". The Subrecipient shall closeout its use of the CDBG-DR funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§200.343.Activities during this close-out period may include,but are not limited to: making final payments,disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to DEO) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 C.F.R.part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to audit@deo.myflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report,form HUD-60002,must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 45 DocuSign Envelope ID,AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables;Project Narrative,Project Budget Detail and Activity Work Plan. 8.All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement. 46 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment H — Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 C.F.R. part 200 (and particularly 2 C.F.R 200.302 titled "Financial Management"), Section 218.33, F.S., and include the following: (1) Accurate,current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays,income and interest. (3) Effective control over and accountability for all funds, property and other assets. The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 C.F.R.part 200 (and particularly 2 C.F.R.200 Subpart E titled"Costs Principles") and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 C.F.R.§§200.318-200.326 and be conducted in a manner providing full and open competition.The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection,award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 C.F.R. §200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business,with the entrance door open to the public,and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. • 47 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 Attachment I —Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. • MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F(Audit Requirements) and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to, on-site visits by DEO staff, limited scope audits as defined by 2 CFR part 200, as revised, and/or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the Chief Financial Officer(CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Subrecipient is a State or local government or a non-profit organization as defined in 2 CFR 200,as revised. 1. In the event that the Subrecipient expends $750,000 or more in federal awards in its fiscal year, the Subrecipient must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F(Audit Requirements),as revised. In determining the federal awards expended in its fiscal year,the Subrecipient shall consider all sources of federal awards,including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200 Subpart F(Audit Requirements),as revised. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200 Subpart F(Audit Requirements),as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200 Subpart F (Audit Requirements),as revised. 3. If the Subrecipient expends less than$750,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised, is not required. In the event that the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). 4. Although 2 CFR 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) organizations, the pass-through entity has an obligation to ensure that for-profit subrecipients that expend $750,000 or more in federal awards must comply with federal awards guidelines (see 2 CFR 200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of individual federal grantor agencies. 48 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Additional Federal Single Audit Act resources can be found at: https://harvester.census.gov/facweb/Resources.aspx PART II: STATE FUNDED This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2),F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such Subrecipient,the Subrecipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance,including state financial assistance received from DEO, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2),F.S.,and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97,F.S.,is not required. In the event that the Subrecipient expends less than$750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,F.S.,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than State entities). Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/ PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),F.S.,State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97,F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 CFR 200 Subpart F(Audit Requirements),as revised,and required by PART I of this Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following at the address indicated: 49 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 A. Department of Economic Opportunity Financial Monitoring and Accountability(FMA) The copy submitted to the FMA section should be sent via email to: FMA- RWB(a.deo.myflorida.com B. The Federal Audit Clearinghouse designated in 2 CFR 200 Subpart F (Audit Requirements), as revised,electronically at: https://harvester.census.gov/facweb/ 2. Copies of audit reports for audits conducted in accordance with 2 CFR 200 Subpart F (Audit Requirements), as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Subrecipient received the audit report); copies of the reporting package described in Section .512(c), 2 CFR 200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor;copies of reports required by Part II of this Exhibit must be sent to DEO at the addresses listed in paragraph three (3) below. 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following: A. DEO at the following address: Electronic copies: Audit(a,deo.myflorida.com B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,FL 32399-1450 Email Address: flaudgen localgovt(a aud.state.fl.us 4. Any reports, management letter or other information required to be submitted to DEO pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200 Subpart F, 215.97 F.S., and • Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 5. Recipients and subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient/subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of six(6)years from the date the audit report is issued,or five(5) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer,and shall allow DEO,or its designee, the Chief Financial Officer(CFO) or Auditor General access to such records upon request. In addition,if any litigation,claim,negotiation,audit,or other action involving the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the 50 DocuSign Envelope ID AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 end of the controlling period as identified above,whichever is longer.The Subrecipient shall ensure that audit working papers are made available to DEO,or its designee,CFO or Auditor General upon request for a period of five(5) years from the date the audit report is issued,unless extended in writing by DEO. 51 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Exhibit 1 to Attachment I — Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $15,000,000.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 The purpose of Rebuild Florida's CDBG-DR Voluntary Project Description: Home Buyout Program is to acquire properties that are in a Special Flood Hazard Area (SFHA),and in high-risk flood This is not a research and development award areas to help reduce the impact of future disasters,and to assist property owners to relocate outside the threat of flooding. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 C.F.R. §§ 570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3),F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability(NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/.A Matching Resources for Federal Programs:N/A Subject to Section 215.97, Florida Statutes:N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as . Follows:N/A NOTE: Title 2 C.F.R.§200.331 and Section 215.97(5),F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. 52 DocuSign Envelope ID.AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment J —Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myflorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement(e.g.,contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity (DEO)? ❑ Yes ❑ No If the above answer is yes,answer the following before proceeding to item 2. Did the Subrecipient expend$750,000 or more of state fmancial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g.,contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement,etc.) between the Subrecipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes,the Subrecipient certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 C.F.R. part 200, subpart F, as revised. By signing below, I certify,on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative • 53 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment K— Subrecipient Enterprise Resource Application (SERA) Form Current SERA Form will be provided under separate cover. 54 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. li (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908. must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319. 12935, 3 CFR Part. 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity." and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs. Equal Employment Opportunity, Department of Labor." (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program • legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal • entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5. "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100.000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704. as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the 55 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.:I0092 standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235). "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See § 200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] 56 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 Attachment M State of Florida Department of Economic Opportunity Federally-Funded Community Development Block Grant Disaster Recovery (CDBG-DR) Subrogation Agreement This Subrogation and Assignment Agreement("Agreement") is made and entered into on this_day of , 20 20 , by and between Monroe County BOCC(hereinafter referred to as "Subrecipient") and the State of Florida, Department of Economic Opportunity(hereinafter referred to as "DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively,the "Grant Proceeds") under the DEO Community Development Block Grant-Disaster Recovery Program (the "CDBG-DR Program") administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency("FEMA") or the Small Business Administration ("SBA") (singularly, a "Disaster Program" and collectively,the "Disaster Programs")that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-DR Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as"Proceeds," and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement.The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-DR Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies.Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving depositions, providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO,to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-DR Program, the Policies, any amounts received under the Disaster Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be 57 DocuSign Envelope ID:AC234D1A-4655-45AE-B446-C9C82F340DF1 DEO Agreement No.: I0092 taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-DR Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient; and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG-DR Program or the Subrecipient determines not to participate in the CDBG-DR Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. 58 DocuSlan Envelope ID:AC234D1A-4855-45AF.RW-r•.sx:a2FunncI DocuSign Envelope ID. FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 DEO Agreement No.:I0092 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received,read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. SUBRECIPIENT BOARD OF UNTY COMMISSIONERS OF MON, O 4;y1.ORIDA By: C` Name: Roman Gastesi Title: County Administrator DEO: [insert name of administrative entity] DocuSigned by: By: ta.WSDIn, Name: rece--t.gin; aeisoirc Title: Executive Director a suiscaumAT7o w AZIORANTOVESNINBY DATIL 59