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Item D1 D.1 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 �1 `_ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.���` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: D.1 Agenda Item Summary #7232 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra (305) 289-2588 NA AGENDA ITEM WORDING: Approval to negotiate with the highest ranked respondent Tetra Tech and if a contract cannot be reached approval to negotiate with the next highest ranked respondent(Professional Services Industries, WSP USA, and then GLE Associates) until a contract can be reached for Environmental and Historical Review Services for the Voluntary Home Buyout Program funded through Community Development Block Grant - Disaster Recovery (CDBG-DR) funds with no local match. The final contract will be brought back before the BOCC for approval. ITEM BACKGROUND: Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing the destruction or major damage to over 4000 homes. Congress appropriated $616 Million for the State of Florida in the aftermath of Hurricane Irma to be administered by the US Department of Housing and Urban Development. The Department of Economic Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The Action Plan allocated $15 Million for the Voluntary Home Buyout Program (VHBP) for the unincorporated portions of Monroe County. This program does not require a local match. The purpose of Rebuild Florida's CDBG-DR VHBP is to acquire properties that are in high-risk areas to help reduce the impact of future disasters. These funds will support property acquisition, structure demolition and conversion of the land to open space or storm water improvements that alleviate flooding. The property must be deed-restricted in perpetuity to open space uses or to restore and/or conserve the floodplain functions. The aggregate use of CDBG-DR funds shall principally benefit low and moderate income persons in a manner that ensures at least 70 percent of the grant amount awarded under this agreement is expended for activities that benefit such persons. Post Hurricane Irma, Monroe County conducted a countywide survey of impacted residents who were interested in housing disaster assistance funds. Monroe County conducted a public outreach campaign that consisted of a direct mail out to interested individuals, a media outreach campaign, and an online registration survey. Additionally, the County targeted homes that were deemed "Unsafe" by Code Compliance and the Special Magistrate through Code Compliance proceedings, Packet Pg. 1656 D.1 due to Hurricane Irma. The program application period closed on September 27, 2019. Monroe County submitted a total of 62 properties with an initial estimated pre-storm Fair Market Value according to the Property Appraiser's database of $24 Million to the Florida Department of Economic Opportunity on October 1, 2019. On March 13, 2020, Monroe County received the Sub-recipient agreement detailing the $15 Million program award and program requirements, which was approved by the BOCC on May 20, 2020. Monroe County will contract vendors to implement the VHBP with funds reimbursed through the CDBG-DR program. On May 20, 2020 the BOCC approved the release of a Request for Proposal to competitively bid for a vendor for Environmental and Historical Review Services. The Selection Committee met on August 14, 2020 and ranked the four firms who submitted proposal including the following: 1. Tetra Tech who received a total of 379 points 2. Professional Services Industries who received a total of 345 points 3. WSP USA who received a total of 333 points 4. GLE Associates, Inc. who received a total of 306 points Staff requests approval to negotiate with the highest ranked respondent and if a contract cannot be reached, approval to negotiate with the next highest ranked respondent until a contract can be reached. PREVIOUS RELEVANT BOCC ACTION: Agenda Item 5801 approving CDBG-DR VHBP grant application to DEO on 07/22/19, Agenda Item 5883 approving a resolution for CDBG-DR VHBP local project prioritization criteria on 08/21/19, Agenda Item 6404 approving a resolution to sign the CDBG-DR VHBP Subapplicant Agreement on 05/20/2020, Agenda Item 6362 approving the release of a Request for Proposal for Environmental and Historical Review services on 05/20/2020. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: APPROVE DOCUMENTATION: Env-Hist BID TABULATION SHEET Enviro-Historic Selection Committee Meeting Minutes 8-14-2020 VHBP Env-Hist RFP Selection Committee Sign In Sheet FINAL Scoring Sheets Env-Hist VHBP 2020 VHBP RFP Environmental-Historical Services FINAL all exhibits GLE-Monroe Env and Historical Review Srvs CDBG VHBP PSI SOQ for Monroe County RFP-323-0-2020-la Tetra Tech_Environmental & Historical Review Services for the CDBG-DR Voluntary Home Buyout Program WSP Proposal Monroe County CDBG-DR VHBP Final Ranking Sheet Env-Hist VHBP 2020 DRAFT VHBP Environmental-Historical Services Contract 08-24-2020 Packet Pg. 1657 D.1 FINANCIAL IMPACT: Effective Date: PENDING Expiration Date: Total Dollar Value of Contract: not to exceed amount TBD Total Cost to County: $ 0 Current Year Portion: NA Budgeted: No Source of Funds: CDBG-DR Voluntary Home Buyout Program Grant Funds CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NA If yes, amount: Grant: $ 15 Million CDBG-DR Voluntary Home Buyout Program Grant County Match: $ 0 Insurance Required: 0 Additional Details: All administrative expenses will be paid through CDBG-DR funds with no local match requirement. REVIEWED BY: Helene Wetherington Completed 08/24/2020 8:50 AM Assistant County Administrator Christine Hurley Completed 08/26/2020 12:53 PM Cynthia Guerra Completed 08/26/2020 5:09 PM Christine Limbert Completed 08/28/2020 5:30 PM Purchasing Completed 08/28/2020 5:38 PM Budget and Finance Completed 08/28/2020 6:02 PM Maria Slavik Completed 08/28/2020 9:16 PM Kathy Peters Completed 08/31/2020 11:16 AM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg. 1658 PUB IB4UOWUOJIAUG JOI}a a} oa 84L-140BOU o} ' noa ) ! } ' -n :} 8ua 3 }} L s- a_ m ' H Q Z w (a W S a 4- 4- 0 W z a D W Q O n- 0 Z a m ) } > 4- O °' > } O } ~ -0 � o U m L 0 a CW U T > o UZ " O � z LLJ � Lu L W } v- iZiG LLJ C2Q � iec z ►� o L ILQV� N IxI— w O .6 } 3 0 GWZO � Z m }_ } o, ZpON � '� p ° o H— (� Htfl WOZ m L Ca W Z J ~ q 4- > 0 W } CL o � Wtn a W oG W Z Q 0 W u _ } C L o Z '"' I- � U Q Q } C O V O Z o > LU~ N U N of Q Q L 4-J E- Cf -� p a + rp I_ Z a cn -0 o L � - tn t WQ V7 Q a) s � V) D Lu (n '-' Q H r N cnCL V J V L L Z tn I"10 CL } V J > S "Z7 Z o N } . CJO W } o H OL v O 0 H a m H n m D.1.b Selection Committee Meeting Minutes for the CDBG-DR Voluntary Home Buyout U Program CDBG-DR VHBP-Environmental& Historical Services RFP o T) 08/14/2020,1:00 pm Selection Committee Present: 76 Cynthia Guerra, Guerra-Cynthia@monroecounty-fl.gov, Monroe County Emily Schemper, Schemper-Emily@monroecounty-fl.gov, Monroe County Mike Roberts, Robe rts-Michael@monroecounty-fLgov, Monroe County Helene Wetherington, Wetherington-I elene@monroecounty-fl.gov, Monroe County Non-Voting Staff Present: Paunece Scull, Scull-Paunece@monroecounty-fl.gov, Monroe County Christine Limbert, Lim bert-Christine@monroecounty-fl.gov, Monroe County Mayte Santamaria, Santamaria-Mayte@monroecounty-fl.ggv, Monroe County 0 Members of the Public Present: 0 Dana Whitaker(no details) 0 PSOntertek: E.John Emerson, CSP, CIEC, Department Manager/Principal Consultant South Florida Environmental > 2 Group, iohn.emerson@intertel<.com, Direct 1 (786) 668-3226 0. Kari Bates, Marketing Coordinator, I<ari.bates@psiusa.com W Tetra Tech: cv April Waits,April.Waits@tetratech.comI Marketing Assistant, Direct(321)441-8564 ' Jeffery Dickerson ieffrey.dickerson@tetratech.com, (305) 304-7544 CO CO Audrey Sui, SWC audrey@swcinc.com, (305) 651-7061 GLE Associates: None heard WSP USA Solutions: Maria Watt, maria.watt@wsp.com, (813) 520-4386 Introduction and Welcome The meeting started at 1:02pm. Cynthia Guerra provided an overview of the webinar, Committee o Selection process and function. The meeting was conducted virtually via Zoom Webinar due to Covid-19. m Committee Discussion WSP Discussion by the Committee Mike Roberts: • Good HUD/CDGB experience, mostly outside of Florida • Some acquisition experience, but not part of CDBG program > • Plenty of experience with NEPA • FL experience on historical reviews is limited • No key staff identified for biologist or ecologist • Highest salaries 1 Packet Pg. 1660 D.1.b Emily Schemper: 2 • Extensive experience across projects and settings y • Strong in historical experience • Compared to other proposals, the pricing was higher Cynthia Guerra: • Extensive experience in the environmental • All the firms had extensive environmental/NEPA credentials and rated highly in that regard • Acquisition experience was not as detailed as it was in some of the other proposals • Compared pricing in aggregate (position and amount totals)to other firms and this was one of the higher proposals, but comparable to all proposals Helene Wetherington: • Similar review and comments • Noted higher pricing 0 PSI-Intertek Discussion by the Committee Mike Roberts: • Well documented experience and specific experience in Florida and Monroe (lower keys) • No mention of home buyout experience • Good environmental and historical experience • Notes, report turnaround of 3 to 4 months which seems too long for this project • Best pricing Emily Schemper: • Lowest pricing but noted that proposal did not include travel, possibly because they are mostly N locally staffed -asked if clarification should be provided by the respondent o Christine Limbert stated that the committee's evaluations should be based on the co submission and that firms could make comment during public comment to address any of the committee's discussion • Same comments as Mike on proposal Cynthia Guerra: • Extensive experience with CDBG, and very strong with regards to environmental components — • Involved with local projects • Aggregated lowest rates (pricing) • The proposal is not explicit in terms of historical reviews • There is some acquisition experience in the proposal demonstrated in an FPL/NPS project Helene Wetherington: o CJ • No voluntary buyout experience • No historical component identified • Competitive pricing m0) Tetra tech Discussion by the Committee Mike Roberts: v, • Very strong proposal with the best documented CDBG-DR experience • Only respondent that listed specific experience with Voluntary Buyout Programs • Good environmental and historical experience • Noted—20,000 employees—good internal capacity • On average 3% higher in pricing Emily Schemper: • Same comments as Mike on proposal 2 Packet Pg. 1661 D.1.b • Main difference is experience in historical reviews,with Tetra Tech's proposal being very strong in U this regard o • Added specific criteria of the RFP and showed capabilities aligned with those requirements Cynthia Guerra: • Strong proposal—very targeted to our project with in-depth experience specific to our stated program needs • Detailed and Extensive experience • Competitive budget Helene Wetherington: • Similar review and agree with prior comments 0 GLE Discussion by the Committee Cynthia Guerra: • good CDGB experience in Florida but not specific to acquisition • historical reviews not really detailed • located in Ft. Lauderdale—close/local • letter of reference included in their proposal • competitive pricing o Mike Roberts: • Not a strong proposal—familiar with firms and know their strengths but proposal did not do an adequate job in documenting strengths and experience • No reference to buyouts or historic reviews �-- • Competitive pricing cv Emily Schemper: • Not as much experience called out with regard to CDGB-DR or acquisition CO • Good enviro experience and some historical experience • Pricing was good, so it ranked well compared to the others Helene Wetherington: • Similar review and agree with comments; did find pricing competitive No Additional or Final Comments by the Committee Public comment was solicited by Mayte Santamaria. No attendee indicated an interest in providing _ comment. No public comments. 0 The discussion was concluded, and the committee read their scores into the record. Cynthia Guerra U tallied the scores and announced the final ranking(see final ranking sheet for results). m Meeting was adjourned at 1:48 pm. ) 0 0 3 Packet Pg. 1662 PUB IB4UO llUOJIAUO Jo};912.4UOD 04BI40 OU O;JBAcuddV) 48811a Ul UBIS 88;jlUILU03 110143818E d=IM 4SIH-All HA 4U8lllll3B44V M G � a d UI' tC CL Ln o ev a > 0 a 00 03 � o - ° a > p w o a o w ®a o p w U 0 ° a a a .. a ® Q a ® u a m - a u a L s ,u o o a o L• vNC aa ° aaE u u T O r u a o ,n u E e, E a ° a aa a oa a : aaa o Eo U E a) °a c E a Ea a) ® u Q .� m — .� a U -LuE cm °' a a L] CL ~ u .a E a a u cs E � a! � m U e — ° a a E ° m E O O v v � < m O E ED N U I- > O E 0 m 0 E U O r 1 c o Z va © :a •5; U U C4 Q C 0 _ 0 ^�' N N w N N N ^^ -, -, O O _ V LJJ E E °� E E _T T N N N N N N R3 ri © •O i N41ami aUi m v ami c a y a a aA Q E crt E E c E E c c _0E— C: C o o o o cn > W p U u 0 v u 0 s t s a s N �...... U O O N O O N N N N N Y Y N Q .? N •O �, - o O f- I- f- N N O (n c U U U m U U m m Q c c c a c W W N N O N N o Oate+ N . U m v°'i cn n v°'i z Z 2 p C 0 Lu C �z at 2 c v E v Q = v o Y m y m E E ° C7 m O t N J S2 " cn E O m v �n U a) m p m w Z U S w am U U Q Q w Y Ld Environmental and Historical Review Services for the Community Development Block Grant—Disaster Recovery(CDBG-DR)Voluntary Home Buyout Program Selection Committee Member Cynthia Guerra v Respondents (o a v is C C u u O Max. �, y � vai ° Ev - Points v a 0 N m N J u N Criterion Available Experience with HUD CDBG-DR Program design and 20 20 20 18 20 implementation within the past 10 years(Tab 1,4,8) Experience with VHBP and/or Land Acquisition Programs 10 7 7 5 10 (Tab 2,3) a Experience conducting Environmental Reviews under = N EPA to include CATEX and preparation of EA/FONSI(Tab 5 5 5 5 5 `o 2,3,4) Experience providing environmental services,including biological assessments,wetland delineations,Phase 1& 5 5 5 5 5 3 2 ESAs,and federal permitting(Tab 2,3,4) Historical preservation reviews under Sec.106 of the 10 7 10 7 10 0 National Historic Preservation Act of 1966(Tab 2,3,4) - a Demonstrated internal capacity,qualified staffing and resources to effectively and efficiently execute all 10 9 10 9 10 program elements(Tab 4,5,6) o y Price:Cost and Hourly Rates(Tab 7) 40 40 36 39 35 O 93 93 88 95 0 Total Points: 0 Not scored-County forms required(Tab 9):Submission Response Form, Lobbying and Conflict of Interest Ethics Clause Non- 'o Collusion Affidavit, Drug Free Workplace Form Public Entity Crime Statement, Request of Waiver of Insurance Requirements(optional), 0 0 0 0 0 = Minority Owned Business Declaration Form, w Vendor Certification regarding scrutinized companies Lists, w Certification Regarding Disbarment, Anti-Lobbying Certification Form, Disclosure Form to Report Lobbying(Form-LLL) m `o �n J Rank: 2 2 4 1 z E A 1. Signature Date Cynthia Guerra Print Name Packet Pg.7664 i D.1.d Environmental and Historical Review Services for the Community Development Block Grant--Disaster recovery( BG-DR)Voluntary Home Buyout Pro ram 0 .2 Respondents �+ _0 cu Max. M � w 0 u _ � Points 4 q a w Criterion Available 000 Ln 23 LDc Experience with HUD CDBG-DR Program design and implementation within the past 10 years(Tab 1,4,a) 20 18 17 10 20 cn Experience with VHBP and/or Land Acquisition 10 0 4 0 B Programs(Tab 2,3) Experience conducting Environmental Reviews under NEPA to include LATEX and preparation of EA/FONSI 5 5 5 4 5 (Tab 2,3,4) Experience providing environmental services, including biological assessments,wetland delineations, Phase 1& 5 4 4 5 5 2 ESAs, and federal permitting(Tab 2,3,4) Historical preservation reviews under Sec. 106 of the 10 10 8 0 10 National Historic Preservation Act of 1966(Tab 2,3,4) o Demonstrated internal capacity,qualified staffing and resources to effectively and efficiently execute all 10 7 7 7 10 program elements(Tab 4,s,6) Price: Cost and Hourly Rates(Tab 7) 40 40 30 38 34 0 0 0 84 75 64 92 0. Total Points: Not scored-County forms required (Tab 9):Submission '✓ Response Form, CD Lobbying and Conflict of Interest Ethics Clause Non- CL Collusion Affidavit, Drug Free Workplace Form Public Entity Crime Statement, Request of Waiver of Insurance Requirements (optional), > Minority Owned Business Declaration Form, N Vendor Certification regarding scrutinized companies Lists, Certification Regarding Disbarment, Anti-Lobbying Certification Form, Disclosure Form to Report Lobbying(Fon-n-LLL) 0 2 3 4 1 Rank: Signature Date Michael Roberts Print Name Packet Pg. 1665 » |quam uOJ|n alm 9L WO3 84L-140BOU m |L dd ) oZ z dGHA 4SIH-AU3 988Q uw03 ] | :4u8wq3B44V to\ \ IL§ �\ �\ & / 4381_l , » | e \ 3 r S m 2 , ) \ \ ccl _._3 ° V) = e ) 7 2 ` ; _am \ § ievI Ii __a \ ) E s mm _ � � ± m E � lk _ 2E _ c § § ) , 0 0 0 , k )CL ) ® .2 [ _ >� _ k § r\ » _ y ) ( § § } [ \ \ \ \ y j \ ( 0 \ ° E \ \ \ \\ \ \\ _ \ - \ �Uw (\ \ - .5 >-M Mm ! } \ 0 \ - \ - ® / ( 0W \ ° ) \ \ .-Em U . W = � #� ) � � } } }) } ® / , \ /` \/\ \ m ®) /)) \ W < 3 § ) ) )22 ) )- §\{ / CL P \ E 01va _ \ j ) / )){ } ) }) § \ \ \} / / { , old Environmental and Historical Review Services for the Community Development Block Grant—Disaster Recovery(CDBG-DR)Voluntary Home Buyout Program a Respondents = r a S m v a m Max. ° a vai F Points a " ¢ d W o ? m Criterion Available d c 3 Experience with HUD CDBG-DR Program design and 20 15 17 10 20 implementation within the past 10 years(Tab 1,4,s) Experience with VHBP and/or Land Acquisition Programs 10 6 9 5 10 (Tab 2,3) Experience conducting Environmental Reviews under NEPA to include CATEX and preparation of EA/FONSI(Tab 5 5 5 5 5 2,3,4) Experience providing environmental services,including a m biological assessments,wetland delineations,Phase 1& 5 5 5 5 5 > 2 ESAs,and federal permitting(Tab 2,3,4) o Historical preservation reviews under Sec.106 of the 10 6 8 6 10 National Historic Preservation Act of 1966(Tab 2,3,4) Demonstrated internal capacity,qualified staffing and 75 resources to effectively and efficiently execute all 10 8 10 8 10 program elements(Tab 4,5,6) y 0 Price:Cost and Hourly Rates(Tab 7) 40 35 25 35 35 75 80 79 74 95 0 Total Points: `o Not scored-County forms required(Tab 9):Submission Response Form, a Lobbying and Conflict of Interest Ethics Clause Non- Collusion Affidavit, "- 0 Drug Free Workplace Form Public Entity Crime v Statement, 0 a Request of Waiver of Insurance Requirements(optional), 'o Minority Owned Business Declaration Form, a Vendor Certification regarding scrutinized companies a Lists, Certification Regarding Disbarment, m Anti-Lobbying Certification Form, > Disclosure Form to Report Lobbying(Form-LLL) s w Rank: 2 3 4 1 w rn 8/17/2020 Signature Date Helene Wetherington E Print Name a Packet Pg.1667 D.1.e c REQUEST FOR PROPOSALS FOR Environmental & Historical Review Services for the Community Block Grant- Disaster Recovery (CDBG-DR) E Voluntary Home Buyout Program MONROE COUNTY, FLORIDA p,° ro t h N BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern Michelle Coldiron, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 Commissioner Sylvia Murphy, District 5 .2 COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT ROMAN GASTESI KEVIN MADOK C 2 DISASTER RECOVERY MAY 2020 Packet Pg. 1668 D.1.e NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Thursday August 6, 2020, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: r- ENVIRONMENTAL AND HISTORICAL REVIEW SERVICES FOR COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY VOLUNTARY HOME BUYOUT PROGRAM MONROE COUNTY, FLORIDA 0 Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floriapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR www.monroecount i In response to Covid-19, the Monroe County Purchasing Department has implemented a new electronic process for receiving and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining N the health and safety of our employees and those who attend bid openings. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing hereby directs that bids be submitted via email to: - I Smonroecounty-fl.gov no later than 3:OOP.M. on August 6, 2020. Please submit your confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your subject line on both emails must read as follows: Environmental and Historical Review Services FOR CDBG-DR ru VOLUNTARY HOME BUYOUT PROGRAM 08/06/20 Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Should your bid documents exceed 25MB, please email: omb-purchasinmonroecounty-fl.gov. The bid opening E for this solicitation will be held virtually, via the internet, at 3.00 P.M. on August 6, 2020. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/i/45036156 CL Meeting ID: 45093261 One tap mobile: Dial by your location: +1-646-518-9805, 4509326156# US (New York) +1 646 518 9805 US (New York) +1-669-900-6833, 4509326156# US (San Jose) +1 669 900 6833 US (San Jose) Packet Pg. 1669 D.1.e Publication Dates .2 c Miami Herald: Thurs., 07/02/2020 Key West Citizen: Sat., 07/04/2020 Keys Weekly: Thurs., 07/09/2020 News Barometer: Fri., 07/10/2020 r- 2 c c c c 2 N c c 2 CL CL Packet Pg. 1670 D.1.e TABLE OF CONTENTS 2 NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS SECTION ONE - Instructions to Respondents & Scope of Work SECTION TWO - Draft Contract 2 SECTION THREE- County Forms 0 c 0 0 76 2 N 76 c C 2 CL CL Packet Pg. 1671 D.1.e SECTION ONE: INSTRUCTIONS TO RESPONDENTS 2 1. Objective of the Request for Proposals/Scope of Services Environmental & Historical Review: The Monroe County Board of County Commissioners is requesting proposals from a highly qualified professional firm/consultant or a team of consultants to act on behalf of the County in independently conducting environmental and historical reviews for the Voluntary Home Buyout Program (VHBP). The project consists of environmental reviews in accordance with 24 CFR 58 for the Voluntary Home Buyout Program (VHBP) and shall be ' conducted in accordance with HUD requirements for CDBG-DR activities and historical reviews in accordance with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 C.F.R. part 800, and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating Historic Buildings.. Please see 83 CFR 5844- Allocations, Common Application, Waivers, and 0 Alternative Requirements for 2017 Disaster Community Development Block Grant Disaster Recovery Grantees; HUD Exchange at H U Dexchange.info; and 24 CFR 58 for further environmental review requirements. c Based on preliminary discussions with DEO/HUD, the County believes that Environmental c 0 Reviews of the projects qualify for a Categorical Exclusion under 24 CFR Part 58.35(a)(4)(i). > 0. The Respondent shall describe the approach and methodology it will use to accomplish the work below. The project approach shall include a projected timeline for project implementation, key milestones, and level of effort. The County shall work with the selected contractor to establish a mutually agreed upon schedule X The environmental review services may include but are not limited to: • Assess each VHBP project site to verify the level of environment review required. • Conduct site visit to project location and completion of a field observation report. • Complete and submit the environmental review to DEO. • Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings • Consult and coordinate with oversight/regulatory agencies to facilitate environmental c clearance v, • Perform special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural review, Phase I and II ESAs, USACE permits. • The vendor must accomplish a Categorical Exclusion, an Environmental Assessment, a .5 FONSI, a Phase I and/or a Phase II assessment as appropriate. LU CL • Prepare responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from CL public or private entities during the public comment period • Coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization. f Packet Pg. 1672 D.1.e • Prepare public notices including, but not limited to the Notice of Finding of No Significant .2 Impact (FONSI), Request for Release of Funds flood plain/wetland early and final notices in required order and sequence • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43 • Process environmental review and clearance in accordance with NEPA • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required • Prepare and submit monthly status report in a format that is mutually agreed upon by the Contractor and the County. 0 • Participate in regularly scheduled progress meetings with Monroe County staff as required. The historic review services may include but are not limited to: • Historical preservation reviews under Sec. 106 of the National Historic Preservation Act of 1966 (54 U.S.C. Section 306108) following the required Professional Qualification Standards as set forth in 36 CFR Part 61. • Perform site visits and conduct all necessary required inspections; • Evaluate and submit report of findings for the Historical Review • Prepare all necessary compliance reports and forms for quality control; • Participate in meetings and/or conference calls to discuss project(s) and the Historical Review and propose/coordinate strategies for resolving issues; • Expedite procedures required by the Department of Housing and Urban Development (HUD)for specific Community Development Block Grant for Disaster Recovery programs. • Gather all necessary data to conduct an historic review in compliance with federal, state, and local rules, regulations and requirements including online research, site visits, historic preservation office data • Delineate area of potential impacts, identify affected parties, provide recommendation for treatment and mitigation • Collect and enter historical review data into project data management system • Review the documents for completeness and evaluate the level of review which may be required for each project • Prepare maps for use in consultation and site inspection • Coordinate with all internal and external stakeholders as required • Conduct archaeological studies and architectural surveys if required • Inspect the site and immediate vicinity to collect needed information not accessible in a desktop review r- These services will be funded under the Federally-Funded Subrecipient Agreement between the County and the Florida Department of Economic Opportunity (DEO), and attached hereto as r- Exhibit A. The selected CONTRACTOR is bound by the terms and conditions of the County's LU 0. Subrecipient Agreement with DEO. CL The CONTRACTOR is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the .. work. The CONTRACTOR agrees to provide reports or information to the County as needed to comply with the County's obligation to submit reports to DEO on the progress of the work under 2 Packet Pg. 1673 D.1.e this Agreement. The CONTRACTOR shall coordinate all tasks with the County's Director of .2 Environmental Resources. 2. Background Information The U.S. Department of Housing and Urban Development (HUD) allocated Community Development Block Grant - Disaster Recovery (CDBG-DR) funds to the State of Florida E Department of Economic Opportunity (DEO) to be distributed in the Federal Emergency Management Agency (FEMA) declared counties impacted by Hurricane Irma for activities .2 authorized under Title I of the Housing and Community Development Act of 1974 (42 United States Code (U.S.C.) 5301 et seq.) and described in the State of Florida Action Plan for Disaster ecovery. The Rebuild Florida VHBP was created to encourage risk reduction through the purchase of residential property in high flood-risk areas to help reduce the impact of future disasters. 0 Monroe County will use CDBG-DR funds to principally benefit low-and moderate-income persons in a manner that ensures that at least seventy percent (70%) of the grant amount awarded is expended for activities that benefit such persons. Funds will be used to implement the VHBP. The VHBP will meet the Low- Moderate-Income (LMI)Area Benefit, and the Low-to Moderate-Income e Housing (LMH) National Objective. To meet the LMI Area Benefit, the properties acquired through buyouts will be used in a way that benefits all the residents in an area where at least 51 percent of the residents are low- and moderate-income persons. The County will create a VHBP to encourage risk reduction through the acquisition of residential property in high flood risk areas. For all properties acquired by the County through the VHBP, a restrictive covenant must be recorded upon closing of the transaction that will limit all future development of the site to recreation, green space, or flood control uses in perpetuity. The VHBP will meet the following goals: 1. Acquire properties that were impacted by Hurricane Irma and convert the property to recreation, green space, and/or flood control uses in perpetuity v, 2. Provide mitigation to the County against future flood damages, effects of sea level rise, and health and safety risks for owners and rescuers. 3. Reduce repetitive subsidized flood insurance payments and federal disaster assistance c Monroe County, with support from the contracted vendor, will conduct all program, design, and y implementation services necessary to mobilize/launch a comprehensive VHBP to reduce long- term community risk. Monroe County was declared the most impacted and distressed county as a result of Hurricane Irma and was allocated through DEO $15 Million to implement the VHBP. The County solicits responses from qualified and experienced individuals or firms to provide Environmental Review Services for the Voluntary Home Buyout Program (VHBP) through a Services Contract. 3. Evaluation Criteria Each proposal will be reviewed, and consideration will be given to each of the following criteria: • Experience with HUD CDBG-DR Program design and implementation within the past 10 years • Experience with VHBP and/or Land Acquisition Programs 3 Packet Pg. 1674 D.1.e • Experience conducting Environmental Reviews under NEPA to include Categorical .2 Exclusion determinations (CATEX) and preparation of Environmental c Assessments/Findings of No Significant Impact (EA/FONSI) • Experience providing environmental services, including, but not limited to, biological assessments, wetland delineations, Phase I & II ESAs, and Federal permitting • Historical preservation reviews under Sec. 106 of the National Historic Preservation Act of 1966 • Demonstrated internal capacity, qualified staffing and resources to effectively and efficiently execute all program elements • Price: Cost and Hourly Rates 0 4. Content of Submission The proposal submitted in response to this Request for Proposals (RFP) shall be submitted via email to OMB-EI Ds((Dmonroecounty-fl.gov; shall be clear and concise, tabulated, and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each c Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondent should focus specifically on the information requested. 0 5. Format. N The response, at a minimum, shall include the following: A. Cover Paae A cover page that states "PROPOSAL FOR ENVIRONMENTAL AND HISTORICALREVIEW SERVICES" must be included. The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person(s). B. Tabbed Sections Tab 1. Executive Summary ru .c c The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrates how the firm will work with the County to fulfill the requirements of this Project. Describe the firm's methods of providing Services listed in Section One, both in the office and at locations in the County. r- Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the CL proposed Project within the last ten (10) years. 4 Packet Pg. 1675 D.1.e Tab 3. Past Performance on Similar Projects .2 c The Respondent shall provide a list of past projects indicating the following: • Name and full address of the referenced project client • Name and telephone number of client contact for referenced project • Date of initiation and completion of contract • Summary of the project and services including contract amounts and/or E number of clients served 2 Tab 4. Project Approach 0 The Respondent shall describe the approach and methodology it will use to accomplish the work defined herein. The project approach shall include information on schedule and availability where applicable. The vendors will be required to comply with all laws, rules and regulations effecting the Scope of Work set forth herein. 0 Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall provide the same information for any subcontractors. The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. An organizational chart and management plan should be included in this section. The Respondent shall also include minimum qualifications for each class of employee of the project team and identify his/her role on the team. Include in this section the location of the main office and the location of the office proposed to work on this project. Tab 6. Other Information Respondent shall provide any additional project experience that will give an indication of the Respondent's overall abilities. v, Tab 7. Project Budget Respondent shall use a format similar to that of the sample shown below, with at least as much detail. The titles of persons working on this project and the hourly rates shall be listed. Any other expenses not included in these hourly rates shall be itemized at the bottom. LU CL Ca CL Packet Pg. 1676 D.1.e 76 You may use a spreadsheet of your own design, but it must be in similar format, and include at least U as much information. c� "fully loaded" hourly hourly Position Description rate* rate** C research consultant research assistant 0 administrative assistant 0 0 *base hourly rate does not include "out-of-pocket"costs, such as 76 travel, lodging, meals, supplies, etc. > 0 **Included in "fully loaded"hourly rate:lodging, per diem, and overhead N x 76 0 C 0 CL CL Packet Pg. 1677 D.1.e Tab 8. Financial Information and Litigation The Respondent will provide the following information: 1. A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); 2. A list of the officers and directors of the entity; 3. The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); 4. The number of years the person or entity has operated under its present name and any prior names; 5. A print out of the "Detail by Entity Name" screen from the Respondent's listing in www.sunbiz.org; 6. A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of State; 7. Answers to the following questions regarding claims and suits: c a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted?Yes or no. If yes, provide details; W b. Are there anyjudgments, claims, arbitration proceeding or suits pending N or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners?Yes or no. If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities?Yes or no. If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major ru shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide y services, goods or construction services? Yes or no. If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; 8. Customer references(minimum of three), including name, current address and current telephone number; 9. Credit references (minimum of three), including name, current address and current telephone number; 10. Audited financial statements for the prior three years for the responding 7 Packet Pg. 1678 D.1.e entity or for any entity that is a subsidiary to the responding entity. .2 c The County reserves the right to request additional information related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the County deems necessary to enable the department and Board of County Commissioners to determine if the person responding is responsible. r_ Tab 9. County Forms Respondent shall complete and execute the forms specified below and located in this RFP, as well as copies of all insurance and occupational licenses and shall include them in this section: Forms Submission Response Form Lobbying and Conflict of Interest Ethics Clause Non-Collusion Affidavit Drug Free Workplace Form Public Entity Crime Statement Request of Waiver of Insurance Requirements (optional) Minority Owned Business Declaration Form Vendor Certification regarding scrutinized companies Lists Certification Regarding Disbarment Anti-Lobbying Certification Form Disclosure Form to Report Lobbying (Form-LLL) N COPIES OF RFP DOCUMENTS X A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 6. SUBMISSION OF RESPONSES In response to COVID-19, the Monroe County Purchasing Department has implemented a new electronic process for receiving and opening sealed bids. Monroe County is committed to continuing to receive and process competitive solicitations while maintaining the health and safety of our employees and those who attend the bid opening. Please DO NOT mail or attempt to deliver in-person any sealed bids. Mailed/delivered bids/proposals/ responses will not be considered. The Monroe County Purchasing Department hereby directs that LU bids be submitted via email to: - I S onroeCounty-Fl.gov no later than0. 3 pm on August 6,2020. Please submit your confidential financials in a separate email from your bid and required documents. Your subject line on both emails must read as follows: 8 Packet Pg. 1679 D.1.e Environmental and Historical Review Services FOR .2 COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY VOLUNTARY HOME BUYOUT PROGRAM Files that do not contain this subject line will be rejected. Please note that the maximum file size that will be accepted by email is 25MB. Should your bid documents exceed 25MB, please email: omb-purchasingmonroecounty-fl.gov The bid opening for this solicitation will be held virtually via the internet at 3 pm on 0 August 6, 2020. You may call in via phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/j/4509326156 Meeting ID: 450 932 6156 One tap mobile Dial by your location +16465189805„4509326156# US (New York) +1 646 518 9805 US (New York) +16699006833„4509326156# US (San Jose) +1 669 900 6833 US (San Jose) A public notice will be issued regarding the Selection Committee meeting and how to attend that meeting virtually. W N Interested firms or individuals are requested to indicate their interest by submitting a proposal via email to - I S monrogcq nty-fl.gov which must be received on or X before 3.00 P.M. local time on August 6, 2020.No proposals will be accepted after 3.00 P.M. Faxed proposals shall be automatically rejected. It is the sole responsibility of each Respondent to ensure its proposal is received in a timely fashion. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 7. DISQUALIFICATION OF RESPONDENT ru .2 c A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response v, to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. .5 B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not 0. submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in 9 Packet Pg. 1680 D.1.e Section 287.017, for CATEGORY TWO for a period of 36 months from the date .2 of being placed on the convicted vendor list. Category Two: $35,000.00 c C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his/her proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 0 D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her bid or proposal. Failure to complete this form in every detail and 2 submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, a Florida Statutes, or is engaged in business operations in Cuba or Syria. F. The CONTRACTOR shall not be a debarred or suspended entity in accordance _ with 24 CFR 570.489(1). Any debarred or suspended entity shall be y disqualified. 8. EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him/her of the obligations and responsibilities assumed under the contract. 0 B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 9. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the RFP and contract documents. Any inquiry or request for interpretation received in writing ten (10) or E more days prior to the date fixed for opening of responses will be given consideration. 10 Packet Pg. 1681 D.1.e 76 Questions should be directed, in writing, to: .2 Helene Wetherington, Monroe County Disaster Recovery Director 2798 Overseas Highway Marathon, Florida 33050 76 by email to: Buyouts@monroecounty-fl.gov or by Facsimile to: (305) 292-4515 All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be posted on DemandStar and a notification will be furnished to all known prospective Respondents listed as planholders prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in his/her Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his/her response will nevertheless be construed as though it had been received and acknowledged and the submission of his/her response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Respondent to verify that he/she has received all addenda issued before responses are opened. 0 10. GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. X The following federal laws and regulations will apply to this Agreement: 24 CFR 570, 2 CFR Part 200 Uniform Administrative Requirements, Cost Principals and Audit Requirements for Federal Awards (links Attached as Exhibit B), and Federal Register Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844. Also attached is 2 CFR Part 200 Overview for Grantees (Grants Management & Oversight Division/Office of Strategic Planning and Management) (Attached as Exhibit C) 2.1 All funded activities under this agreement shall meet one of the three National Objectives listed ru in 24 C.F.R. 570.483(b), (c), and (d). The Community Development Block Grant— Disaster Recovery (CDBG-DR) allocation to the , State of Florida is governed by the following laws and regulations: (a) The Housing and Community Development Act of 1974; (b) Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5155), as amended; (c) Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191 Duplication of Benefit (d) Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 FR 71060) Public Law 113-2: (e) Disaster Relief Appropriations Act, 2013 (at HR 152-34) (f) The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013 (g) HUD Federal Register Notice at 78 FR 23578 published April 19, 2013 (h) HUD Federal Register Notice at 78 FR 76154 published December 16, 2013 ll Packet Pg. 1682 D.1.e (i) The applicable laws of the State of Florida; and .2 (j) By the laws and regulations promulgated by the State for the CDBG-DR program. (k) In addition to the citations noted, the CDBG-DR allocation is also subject to"cross-cutting" Federal requirements referenced herein and contained in 2 CFR 200 Sub-part F —Appendix 10.1 FEDERAL CHANGES Contractor or Sub-recipient shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in this Contract between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient, as such Federal regulations, policies, procedures and directives may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 2 Reference: (49 CFR Part 18) 11. PREPARATION OF RESPONSES 0 Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member > of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. a ° 12. MODIFICATION OF RESPONSES Written modification will be accepted from Respondents via email as indicated in the Notice of y Request for Proposals and received prior to Proposal due date and time. Modifications must be submitted via email to OMB- I SCa_monroecounty-fl.gov with the following in the subject line of the email "Modification to Proposal —Monroe County Proposal for Environmental Review Services." Faxed modifications shall be automatically rejected. ru .2 c 13. RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. r_ 14. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud as stated in the Notice of Request for Competitive Solicitations. Monroe County's representative authorized to open the responses will decide when the specified time has arrived, and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly identified. Respondents or their authorized agents are invited to be present via the zoom platform. 12 Packet Pg. 1683 D.1.e 15. DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The contract shall be awarded based on the following criteria: Experience with HUD CDBG-DR Program design and implementation within the past E • 10 years (20 points) • Experience with VHBP and/or Land Acquisition Programs (10 Points) • Experience conducting Environmental Reviews under NEPA to include Categorical Exclusion determinations (CATEX) and preparation of Environmental Assessments/Findings of No Significant Impact (EA/FONSI) (5 Points) • Experience providing environmental services, including, but not limited to, biological assessments, wetland delineations, Phase I & II ESAs, and Federal permitting (5 c points) • Historical preservation reviews under Sec. 106 of the National Historic Preservation Act of 1966 (10 Points) • Demonstrated internal capacity, qualified staffing and resources to effectively and efficiently execute all program elements (10 Points) 76 • Price: Cost and Hourly Rates (40 Points) 0 The selection and recommendation will be presented to the Board of County Commissioners for final decision. If no contract can be negotiated with the first ranked proposer, the Board N reserves the right to negotiate with the next selected proposer. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. 16. AWARD OF CONTRACT . A. The County reserves the right to award separate contracts for the services based on geographic area or other, and to waive any informality in any response, or to re- ru advertise for all or part of the work contemplated. B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. C. Subject to DEO approval, the recommendation of staff shall be presented to the Board E of County Commissioners of Monroe County, Florida, for final selection and award of contract. r- LU 17. CERTIFICATE OF INSURANCE, INSURANCE REQUIREMENTS AND BONDS CL CL The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent. Policies shall be written by companies licensed to 13 Packet Pg. 1684 D.1.e do business in the State of Florida and having an agent for service of process in the State of .2 Florida. Companies shall have an A.M. Best rating of VI or better. The required insurance shall c be maintained at all times while Respondent is providing service to County. Worker's Compensation Statutory Limits Employers' Liability Insurance Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee $1,000,000 c Commercial General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage 0 $5,000,000 Combined Single Limit/ per occurrence /general aggregate * Coverage must include coverage for blanket contractual liability for the obligations assumed under contract N Vehicle Liability (Owned, non-owned, leased and hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract) $5,000,000 per Occurrence, $5,000,000 Combined Single Limit Professional Liability $1,000,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. . The State of Florida shall be furnished with a certificate of insurance, which .2 shall provide that such insurance shall not be changed or canceled, without ten days prior y written notice to the State of Florida. Certificates of Insurance shall be delivered to the State of Florida prior to the commencement of the agreement. THE POLICY SHALL LIST THE STATE OF FLORIDA AS CO-INSURED OR ADDITIONAL INSURED. When required, the Contractor shall furnish a Performance and Payment Bond in a form acceptable to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Performance and Payment Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, and 2 CFR 200.304 which are incorporated by reference herein. If contract amendments render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. 14 Packet Pg. 1685 D.1.e 18. INDEMNIFICATION .2 c The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants or agents. 2 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further > defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance a requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. DEO INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Agency (COUNTY), the State of Florida, Department of Economic Opportunity, and its ru officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or y intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign immunity." 19. EXECUTION OF CONTRACT The Respondent will be required to execute a contract with the County (draft attached)for the services provided for in this RFP. The Respondent with whom a contract is negotiated shall be required to return to the County the prescribed Contract together with the required certificates of insurance. 15 Packet Pg. 1686 D.1.e 20.BID PROTEST Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney's Office within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the notice of decision or intended decision on the Monroe County Board of County Commissioners' ("BOCC") agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the BOCC's meeting date in which the award of contract by the BOCC will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at c 0 their sole discretion. Failure to timely protest within the times and manner prescribed herein > shall constitute a waiver of the ability to protest the award of contract, unless the BOCC determines that it is in the best interest of the County to excuse the protest waiver. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined that it is in the best interest of the County to do so. X ME C CL CL 16 Packet Pg. 1687 D.1.e c SECTION TWO: DRAFT CONTRACT AGREEMENT FOR Environmental & Historical Review Services This Agreement ("Agreement") made and entered into this day of 2020 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 0 AND a, a of the State of c whose address is its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Environmental Review Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Environmental and Historical Review Services, which — services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES 2 .5 By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; .. 1.1.2 The CONSULTANT has become familiar with the Project, Project site and the local conditions under which the work is to be completed; 17 Packet Pg. 1688 D.1.e 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with 0 regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT shall document its progress in performing its work under this Agreement and report its progress to the County on a monthly basis or upon request by the County. The monthly reports will include current status and progress and the expenditure of funds to date. The County will report the Contractor's progress to DEO in accordance with the Federally-Funded CDBG-DR Voluntary Home Buyout Program Subrecipient Agreement. 0 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an _ independent contractor and not an employee of the Board of County Commissioners y for Monroe County or the State of Florida. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County °' Commissioners for Monroe County or the State of Florida. ru .2 1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, y creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.9 The effective date of this AGREEMENT shall be The term of the AGREEMENT shall be for a two-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one-year increments for up to two (2) years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. 18 Packet Pg. 1689 D.1.e ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The period of performance or date of completion, and performance requirements shall be included in > Attachment A. The CONSULTANT shall commence work on the services provided for in this a Agreement promptly upon receipt of a written notice to proceed from the COUNTY. The notice to proceed will then be formalized into the form of a Task Order. The Task Order and must contain a description of the services to be performed, the time period within which services must be performed ("Completion Date") and the estimated cost, based upon the agreed upon rates, for the services to be performed under the task order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES c The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both. 2.3 NOTICE REQUIREMENT N All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Helene Wetherington, Monroe County Disaster Recovery Director 2798 Overseas Highway Marathon, Florida 33050 And: Mr. Roman Gastesi, Jr. ru Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: E r_ TBD/ Include upon Award of Contract .5 19 Packet Pg. 1690 D.1.e ARTICLE III 2 ADDITIONAL SERVICES 3.1 The services described in this Article III may be provided by the CONSULTANT (which are set forth below for example purposes only) and are not included in Basic Services. E If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but should be in accordance with the agreed upon rates and only if approved by the COUNTY before commencement. 0 A. Providing services of CONSULTANT for other than the previously listed scope of work for the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Environmental Review Services. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 0 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. N ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work and any available maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to n avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render 0. approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors or other consultants. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents 20 Packet Pg. 1691 D.1.e are generally consistent with the COUNTY's criteria, as, and if, modified. No review of .2 such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. 0 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or > 0 by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. N In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. ru .2 c The extent of liability is in no way limited to, reduced, or lessened by the insurance T requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. r- DEO INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold 0. harmless the Agency (COUNTY), the State of Florida, Department of Economic Opportunity, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. 21 Packet Pg. 1692 D.1.e This indemnification shall survive the termination of this Contract. Nothing contained in .2 this paragraph is intended to nor shall it constitute a waiver of the State of Florida and 0 the Agency's (COUNTY's) sovereign immunity." ARTICLE VI PERSONNEL 6.1 PERSONNEL 0 The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 0 NAME FUNCTION To be Completed Upon Award of Contract 0 So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is $248,000.00. a, 7.2 PAYMENTS .2 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set 0 forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at 22 Packet Pg. 1693 D.1.e the COUNTY may require, including but not limited to back up documentation .2 sufficient for reimbursement of expenses by Florida Department of Economic Opportunity, U.S. Department of Housing and Urban Development or other governmental agencies. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida Statute. r- 7.3 REIMBURSABLE EXPENSES "Fully Loaded Hourly" Rates shall be inclusive of all reimbursable expenses. 0 If"Hourly Rates" are used reimbursement for expenses may be allowed as follows: 2 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: 0 A. Expenses of transportation submitted by CONSULTANT, in writing, and expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes and the rules promulgated hereunder and 2 CFR 200.474; B. Cost of reproducing maps or drawings or other materials used in performing the scope of services; C. Postage and handling of reports; N 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this _ contract in each fiscal year (October 1 - September 30) by COUNTY's Board of - County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is ru contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII C INSURANCE AND BONDS 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 23 Packet Pg. 1694 D.1.e 8.2 The Contractor shall furnish a Performance and Payment Bond in a form acceptable .2 to the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Performance and Payment Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If contract amendments render the contract more than ten (10%) percent higher than the bond amount, the Contractor shall increase the bond amount to cover the entire difference. 0 8.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.4 CONSULTANT shall obtain and maintain the following policies: 0 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. c B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering N claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ru ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. F. CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. 24 Packet Pg. 1695 D.1.e G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of c all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. I. The State of Florida shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the State of Florida. Certificates of Insurance shall be delivered to the State of Florida prior to the commencement of the agreement. THE POLICY SHALL LIST THE STATE OF FLORIDA AS CO-INSURED OR ADDITIONAL INSURED. 0 ARTICLE IX MISCELLANEOUS 2 9.1 SECTION HEADINGS N Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS U c The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. DEO directs that the Contractor or Sub-recipient/Monroe County shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee/DEO thereto; provided, however, that claims for money due or to become due 0) to the contractors from the Grantee/DEO under this contract may be assigned to a 25 Packet Pg. 1696 D.1.e bank, trust company, or other financial institution without such approval. Notice of any .2 such assignment or transfer shall be furnished promptly to the Grantee/DEO. c 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. r_ 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. 0 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. 0 C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may c also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has N occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one thirty (30) days' notice to CONTRACTOR. If y the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. 2 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, 26 Packet Pg. 1697 D.1.e are met. 2 c For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 2 F. Termination (a) The Federal award may be terminated in whole or in part as follows: (1) By the Federal awarding agency or the State of Florida, if a Contractor or Sub-recipient fails to comply with the terms and conditions of a Federal award; (2) By the Federal awarding agency or the State of Florida for cause; (3) By the Federal awarding agency or the State of Florida with the consent of the Contractor or Sub-recipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; or (4) By the Contractor or Sub-recipient upon sending to the Federal awarding agency or the State of Florida written notification setting forth the reasons a for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or State of Florida determines in the case of partial termination that _ the reduced or modified portion of the Federal award or sub-award will not y accomplish the purposes for which the Federal award was made, the Federal awarding agency or State of Florida may terminate the Federal award in its entirety. (b) When a Federal awarding agency terminates a Federal award prior to the end ru of the period of performance due to the Contractor or Sub-recipient 's material failure to comply with the Federal award terms and conditions, the Federal y 0 awarding agency must report the termination to the OMB-designated integrity and performance system accessible through SAM. (1) The information required under paragraph (b) of this section is not to be reported to designated integrity and performance system until the Contractor or Sub-recipient either— (i) Has exhausted its opportunities to object or challenge the decision, see §200.341 Opportunities to object, hearings and appeals; or (ii) Has not, within 30 calendar days after being notified of the termination, informed the Federal awarding agency that it intends to appeal the Federal awarding agency's decision to terminate. (2) If a Federal awarding agency, after entering information into the designated integrity and performance system about a termination, E subsequently: 27 Packet Pg. 1698 D.1.e (i) Learns that any of that information is erroneous, the Federal .2 awarding agency must correct the information in the system within three business days; (ii) Obtains an update to that information that could be helpful to other Federal awarding agencies, the Federal awarding agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. (3) Federal awarding agencies, shall not post any information that will be made publicly available in the non-public segment of designated integrity and performance system that is covered by a disclosure exemption under the Freedom of Information Act. If the Contractor or Sub-recipient asserts within seven calendar days to the Federal awarding agency who posted the information, that some of the information made publicly available is covered 2 by a disclosure exemption under the Freedom of Information Act, the Federal awarding agency who posted the information must remove the posting within seven calendar days of receiving the assertion. Prior to reposting the releasable information, the Federal agency must resolve the issue in accordance with the agency's Freedom of Information Act procedures. 0 (c) When a Federal award is terminated or partially terminated, both the Federal awarding agency or State of Florida and the Contractor or Sub-recipient remain responsible for compliance with the requirements in 2 CFR 200.343 Closeout and 2 CFR 200.344 Post-closeout adjustments and continuing responsibilities. References: (2 CFR 200.339; 78 FR 78608, Dec. 26, 2013, as amended at 80 FR 43309, July 22, 2015) 9.6 CONTRACT DOCUMENTS This contract consists of the Proposal Statement, any addenda,the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A-Scope of Services and—Pricing- Compensation and Rates, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. c 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this 28 Packet Pg. 1699 D.1.e Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida .2 Statutes). Violation of this section shall result in termination of this Agreement and c recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 0 CONSULTANT will promptly notify the COUNTY if it or any subcontractor or 2 CONSULTANT is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE AND RETENTION OF RECORDS, ACCESS TO RECORDS AND RIGHT TO AUDIT CONSULTANT shall maintain all books, records, and documents directly pertinent to c 0 performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of Three (3) years from the submission of the final expenditure report as per 24 CFR§570.502(a)(7)(ii) and 2 CFR 200.333,whichever is greater. (See below Record Retention Requirements).Any audit working papers must be available upon request for a period of six (6) years from the date DEO issues the final closeout of the Federally Funded CDBG-DR Voluntary Home a Buyout Program Subrecipient Agreement, unless it is extended by DEO. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records _ purposes during the term of the Agreement and for four years following the termination y of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant ru to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. y Record Retention Requirements: In accordance with 2 CFR 200.333, the Contractor agrees financial records, supporting documents, statistical records, and all other Contractor records pertinent to a Federal award shall be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or the State of Florida in the case of a sub-recipient. Federal awarding agencies and the State of Florida may not impose any other record retention requirements upon Contractor. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. E (b) When the Contractor or Sub-recipient/County is notified in writing by the Federal 29 Packet Pg. 1700 D.1.e awarding agency, cognizant agency for audit, oversight agency for audit, cognizant .2 agency for indirect costs, or State of Florida to extend the retention period. c (c) Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or the State of Florida, the 3-year retention requirement is not applicable to the Contractor or Sub-recipient. Reference: r_ Access to Records: The Consultant/Contractor agrees that the Federal awarding agency, Inspector General, the Comptroller General of the United States, and the State of Florida, or any of their authorized representatives, have the right of access to any documents, papers, or other records of the Consultant/Contractor or Sub- recipient/Monroe County which are pertinent to the Federal award, in order to make 2 audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the Contractor or Sub-recipient's personnel for the purpose of interview and discussion related to such documents in accordance with 2 CFR 200.336 Right to Audit c Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change .� order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence X deemed necessary by County or the Monroe County Office of the Clerk of Court and — Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the ru distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk E possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or .5 County Clerk determines that monies paid to Contractor pursuant to this Agreement LU were spent for purposes not authorized by this Agreement, the Contractor shall repay CL the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives CL the termination of expiration of this Agreement. 30 Packet Pg. 1701 D.1.e 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES .2 c This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 0 9.10 UNCONTROLLABLE CIRCUMSTANCES 0 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within Five (5) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. .2 c 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 31 Packet Pg. 1702 D.1.e 9.12 ATTORNEY'S FEES AND COSTS .2 c The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. r_ 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 2 9.14 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 0 9.15 CLAIMS FOR FEDERAL OR STATE AID > CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any additional conditions imposed as a result of funding that effect the Project will be provided to each party. X 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS, DIRECTIVE BY DEO ON BREACHES AND DISPUTE RESOLUTION COUNTY and CONSULTANT agree that all disputes and disagreements shall be y attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions. Subject to the Directive by DEO on Breaches and Dispute Resolution below, if the issue or issues are still not resolved to ru the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. Directive by DEO on Breaches and Dispute Resolution (a) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the State of Florida Department of Capital Planning and Resiliency's Administrator or designee. This decision shall be final and conclusive unless within [ten (10)] calendar days from the date of receipt of its copy, the Contractor or Sub-recipient mails or otherwise furnishes a written appeal to Administrator or designee. In connection with any such appeal, the Contractor or Sub-recipient/County shall be afforded an opportunity to be heard and to offer evidence in support of its position. The 32 Packet Pg. 1703 D.1.e decision of Administrator or designee shall be binding upon the Contractor or Sub- .2 recipient/County and the Contractor or Sub-recipient/County shall abide by the decision. (b) Performance During Dispute - Unless otherwise directed by to the State of Florida Department of Capital Planning and Resiliency, Contractor or Sub-recipient/County shall continue performance under this Contract while matters in dispute are being resolved. (c) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. (d) Remedies - Unless this contract provides otherwise, all claims, counterclaims, 2 disputes and other matters in question between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient arising out of or relating to this agreement or its breach will be decided by arbitration in the State of Florida Department of economic opportunity if the parties mutually agree, or in a court of competent jurisdiction within the State in which the State of Florida Department of economic opportunity is located. (e) Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the State of Florida Department of Capital Planning and Resiliency, Sub-Recipient/County or Contractor shall constitute N a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. References: 49 CFR Part 18 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to ru the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall v, be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY r_ CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the 33 Packet Pg. 1704 D.1.e Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination .2 on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 c USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; familial status or age; 11) Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; 12) Section 109 of title 1 of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309); and 13) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees a as follows: 1) The contractor will not discriminate against any employee or applicant for _ employment because of race, color, religion, sex, sexual orientation, gender y identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: ru Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and y 0 selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or E applicant or another employee or applicant. This provision shall not apply to 34 Packet Pg. 1705 D.1.e instances in which an employee who has access to the compensation information .2 of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 0 4) The contractor 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 workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. c 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. X 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may _ be declared ineligible for further Government contracts in accordance with y procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ru .2 8) The Contractor will include the portion of the sentence immediately preceding y paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. In accordance with the subrecipient Agreement with DEO the following equal E employment opportunity and civil right requirements apply: 35 Packet Pg. 1706 D.1.e a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil .2 Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § c 5332,the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, creed, national origin, sex, or age. Such 2 action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 53327 the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 a C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. (References: Executive Order 11246 September 24, 1965 as amended by Executive _ Order 11375 of October 13, 1967, and as supplemented in Department of Labor y regulations 41 CFR chapter 60) d) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor or Sub-recipient agrees that it will not discriminate against any employee or applicant for employment y 0 because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor or Sub-recipient agrees to comply with applicable Federal implementing regulations and other implementing requirements HUD may issue. e) The Contractor or Sub-recipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. f) The Contractor or Sub-recipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 114787 12107 E and 12086. 36 Packet Pg. 1707 D.1.e (References: 29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § .2 12112,42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.) 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. c 9.20 CODE OF ETHICS/ CONFLICT OF INTEREST COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized c compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. CONTRACTOR/CONSULTANT certifies that there is no present conflict of interest, and that CONTRACTOR/CONSULTANT has no knowledge of any conflict of interest. CONTRACTOR/CONSULTANT are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the COUNTY, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending a or future decision of theirs, or to reward a past decision. Consultants performing work for the COUNTY should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or _ not that conduct is unethical or lends itself to the appearance of ethical impropriety. y CONTRACTOR/CONSULTANT agrees not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the COUNTY or ru may otherwise be a violation of the law. 0 Any person who is an employee, agent, consultant, officer, or elected official or appointed official of the State of Florida, or of any of the State's subsidiaries, who exercises or have exercised any functions or responsibilities with respect to CDBG activities assisted, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year after such decision making responsibilities have ended. (Reference: 2 CFR 200.112) 37 Packet Pg. 1708 D.1.e 9.21 NO SOLICITATION/PAYMENT .2 c The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS REQUIREMENTS, COPYRIGHT, PATENT, AND TRADEMARK PROPERTY AND INTELLECUTAL PROPERTY Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. _ The CONSULTANT is encouraged to consult with its advisors about Florida Public y Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records 38 Packet Pg. 1709 D.1.e that would be required by the County to perform the service. If the .2 CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this c contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. N The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY- BRIANkMONROECOUNTY-FL.GOV, .2 MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Copyright, Patent, Trademark Within 30 calendars days of execution of this Agreement, the CONTRACTOR shall disclose all intellectual properties relating to performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The CONTRACTOR shall retain all rights and entitlements to LU any pre-existing intellectual property which is so disclosed. Failure to disclose willCL indicate that no such property exists, and the County and DEO shall have the right to CL all patents and copyrights which accrue during performance of the Agreement. The State of Florida Department of economic opportunity reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: The copyright in any work developed under the Contract, and to any rights of copyright to which a Contractor, 39 Packet Pg. 1710 D.1.e Sub-contractor or a Sub-recipient purchases ownership with grant support. .2 (Reference: 24 CFR Subtitle A. 85.34 Copyrights) Intellectual property. 2 CFR §200.448-Intellectual property shall apply to this Agreement as set forth below: (a) Patent costs. (1) The following costs related to securing patents and copyrights are allowable: (i) Costs of preparing disclosures, reports, and other documents required by the Federal award, and of searching the art to the extent necessary to make such disclosures; (ii) Costs of preparing documents and any other patent costs in connection with the filing and prosecution of a United States patent application where title or royalty-free license is required by the Federal Government to be conveyed to the Federal 2 Government; and (iii) General counseling services relating to patent and copyright matters, such as advice on patent and copyright laws, regulations, clauses, and employee intellectual property agreements (See also § 200.459 Professional service costs). (2) The following costs related to securing patents and copyrights are unallowable: (i) Costs of preparing disclosures, reports, and other documents, and of searching the art to make disclosures not required by the Federal award; (ii) Costs in connection with filing and prosecuting any foreign patent application, or any United States patent application, where the Federal award does not require conveying title or a royalty-free license to the Federal Government. (b) Royalties and other costs for use of patents and copyrights. (1) Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent, or rights thereto, necessary for the proper performance of the Federal award are allowable unless: a (i) The Federal Government already has a license or the right to free use of the patent or copyright. (ii) The patent or copyright has been adjudicated to be invalid, or has been _ administratively determined to be invalid. y (iii) The patent or copyright is considered to be unenforceable. (iv) The patent or copyright is expired. (2) Special care should be exercised in determining reasonableness where the royalties may have been arrived at as a result of less-than-arm's-length bargaining, such as: (i) Royalties paid to persons, including corporations, affiliated with the non-Federal y entity. (ii) Royalties paid to unaffiliated parties, including corporations, under an agreement entered into in contemplation that a Federal award would be made. (iii) Royalties paid under an agreement entered into after a Federal award is made to a non-Federal entity. (3) In any case involving a patent or copyright formerly owned by the non-Federal entity, the amount of royalty allowed must not exceed the cost which would have been LU CL allowed had the non-Federal entity retained title thereto CL 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any E commercial liability insurance coverage, self-insurance coverage, or local government 40 Packet Pg. 1711 D.1.e liability insurance pool coverage shall not be deemed a waiver of immunity to the extent .2 of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 2 0 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES 2 Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or c responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. N 9.26 NON-RELIANCE BY NON-PARTIES X No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. c 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 41 Packet Pg. 1712 D.1.e 9.28 NO PERSONAL LIABILITY .2 c No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. r_ 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing 2 any such counterpart. 9.30 COMPLIANCE WITH LAWS AND REMEDIES FOR NONCOMPLIANCE 0 The CONTRACTOR shall comply with and is bound by all applicable Local, State, and Federal laws, rules and regulations. The following federal laws and regulations will apply to this Agreement: 24 CFR 570, 2 CFR Part 200 Uniform Administrative Requirements, cost Principals and Audit Requirements for Federal Awards (links Attached as Exhibit B), and Federal Register Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844. All funded activities under this agreement shall meet one of the three National Objectives listed in 24 C.F.R. 570.483(b), (c), and (d) X The Community Development Block Grant—Disaster Recovery(CDBG-DR) allocation to the State of Florida is governed by the following laws and regulations: a. The Housing and Community Development Act of 1974; _ b. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance y Act (42 U.S.C.5155), as amended; c. Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191 Duplication of Benefit d. Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 ru FR 71060) Public Law 113-2: e. Disaster Relief Appropriations Act, 2013 (at HR 152-34) f. The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013 g. HUD Federal Register Notice at 78 FR 23578 published April 19, 2013 h. HUD Federal Register Notice at 78 FR 76154 published December 16, 2013 i. The applicable laws of the State of Florida; and j. By the laws and regulations promulgated by the State for the CDBG-DR program. k. In addition to the citations noted, the CDBG-DR allocation is also subject to"cross- cutting" Federal requirements referenced herein and contained in 2 CFR 200 Sub-p Federal Changes FEDERAL CHANGES: Contractor shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in this Contract between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient, as such Federal regulations, policies, procedures and directives may be amended or promulgated from E time to time during the term of this contract. Contractor's failure to so comply shall 42 Packet Pg. 1713 D.1.e constitute a material breach of this contract. .2 Reference: (49 CFR Part 18) Remedies for Noncompliance If a Contractor or sub-recipient/County fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or the State of Florida may impose additional conditions, as described in 2 CFR 200.207 Specific conditions. If the Federal awarding agency or the State of Florida determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or the State of Florida may take one or more of the following actions, as appropriate in the circumstances: (a) Temporarily withhold cash payments pending correction of the deficiency by the Contractor or Sub-recipient/County or more severe enforcement action by the Federal awarding agency or State of Florida. (b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the Federal award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a State of Florida, recommend such a proceeding be initiated by a Federal awarding agency). (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. Reference: (2 CFR 200.338) 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, a as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 9.31.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal y program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- ru Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, y "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The prevailing wages determination issued by the Department of Labor and included in the Request for Proposals will apply. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant E Program, Port Security Grant Program and Transit Security Grant Program (it does not 43 Packet Pg. 1714 D.1.e apply to other FEMA grant and cooperative agreement programs, including the Public .2 Assistance Program), the contractors must also comply with the Copeland "Anti- Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2 9.31.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. n 9.31.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.4 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the 44 Packet Pg. 1715 D.1.e Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will .2 report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. 9.31.5 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 government wide 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 2 or regulatory authority other than Executive Order 12549. 9.31.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures a are forwarded from tier to tier up to the State of Florida Department of Capital Planning and Resiliency. References: (31 U.S.C. 1352 as amended by the Lobbying Disclosure Act of 1995, P.L. _ 104-65; 49 CFR Part 19, 49 CFR Part 20) y 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of ru Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Other Federal Requirements: 9.31.8 Compliance with Section 3 of the Housing and Urban Development Act of 1968—The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, but not in derogation of compliance with Section 7(b). The CONTRACTOR should review the DEO Subrecipient E Agreement for further guidance and required forms. 45 Packet Pg. 1716 D.1.e 9.31.9 Americans with Disabilities Act of 1990, as amended (ADA) —The CONTRACTOR will c comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 0 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, > WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used a whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business y enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or ru quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.31.11 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to E likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify 46 Packet Pg. 1717 D.1.e the employment eligibility of all new employees hired by the subcontractor during the .2 Contract term. 9.31.12 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the U.S. Department of Housing and Urban Development (HUD) and the State of Florida, Department of Economic Opportunity (DEO) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by HUD or DEO 2. Give HUD or DEO access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by HUD and DEO regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate HUD and DEO officials and maintain appropriate backup documentation to support the reports. 0 9.31.13 Logo and Flags: Contractor shall not use the Department of Housing and Urban Development (HUD) seal(s), logos, crests, or reproduction of flags or likeness of HUD agency officials without specific approval. 9.31.14 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. a 9.32 DEO requirements 9.32.1 If any portion of this agreement is funded by the Florida Department of Economic _ Opportunity, The CONTRACTOR will be bound by the terms and conditions of the 0) Federally-Funded Community Development Subaward and Grant Agreement between COUNTY and the Florida Department of Economic Opportunity (DEO) (Attached Hereto as Exhibit A. 9.21.2 The CONTRACTOR shall hold DEO and COUNTY harmless against all claims of y 0 whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 9.21.3 Religious Activities: The Contractor or Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Applicable to Professional Services Contracts 1. Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any 47 Packet Pg. 1718 D.1.e deficiencies noted in audit reports must be fully cleared by the contractors within 30 days after .2 receipt by the contractors. Failure of the Contractor to comply with the above inspection requirements will constitute a violation of this contract and may result in Remedies for Non- Compliance or Termination as provided for in the Contract. 2. Section 3 The State of Florida requires the Contractor and all applicable sub-contractors to follow the State's Section 3 requirements as defined by the State's Section 3 Plan. r_ 3. Minority Owned, Woman Owned or Section 3 Business Utilization The State of Florida requires the Contractor meet or exceeds the Contractors stated proportional use of Minority Owned, Woman Owned or Section 3 Business that the Contractor stated in responding to the Request for Proposals or Request for Qualification. The Contractor understands and agrees that failure to meet this requirement may result in termination or such other sanctions as may be solely determined by the State. 0 Applicable to Construction Contracts 0 1. Bonds No surety will be accepted by the State if the Bidder is now in default or delinquent on any bond or has an interest in any litigation against the State. All bonds shall be executed by surety companies licensed to do business in the State of Oklahoma and acceptable to the State Council. Each bond shall be executed by the Contractor and the Surety. The State requires a Bid Bond to be submitted at the time of the Bid. The State requires a Maintenance Bond, a Performance Bond and a Statutory Bond for Bidders entering into a contract with the State. Bid Bond Bidders will include a bid bond, bank check or irrevocable letter of credit for 5% of the bid if the bid is over $50,000. Upon award of bid, bonds shall be submitted to the State of Florida. Maintenance Bond: A good and sufficient Maintenance Bond shall be required in an amount equal to one hundred (100) percent of the total amount of the contract, guaranteeing such improvements against defective workmanship and/or materials for a period of one (1) year from and after the time of completion and acceptance by the State of said improvements. Performance Bond: y A good and sufficient Performance Bond shall be required in an amount equal to one hundred (100) percent of the total contract amount guaranteeing execution and completion of the work in accordance with the specifications. Statutory Bond: A good and sufficient Statutory Bond shall be required in an amount equal to one hundred (100) percent of the total contact amount guaranteeing payment in full for all materials and labor used LU in the construction of the work. CL 2. Contract Work Hours and Safety Standards Act The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. 48 Packet Pg. 1719 D.1.e 76 Subcontracts - The Contractor also agrees to include the requirements of this section in each c subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1)directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials, which will become an integral part of the construction, is a L- "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to 2 contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 3. Davis Bacon Act A. Minimum wages c 1) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the -- Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto X and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. 2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and y fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 3) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: 49 Packet Pg. 1720 D.1.e a. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be .2 performed by the classification requested is not performed by a classification in the wage determination; and b. The classification is utilized in the area by the construction industry; and c. The proposed wage rate, including any bona fide fringe benefits, bears as reasonable relationship to the wage rates in the wage determination; and C d. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification .5 prevails in the area in which the work is performed. B. If the contractor and the laborers and mechanics to be employed in the classification (if 0 known), or their representatives, and the contracting officer agree on the classification and 2 wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day c period that additional time is necessary. C. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where N appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. D. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iii Whenever the minimum wage rate prescribed in the contract for a class of laborers c (...) 9 p or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. C (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract 50 Packet Pg. 1721 D.1.e shall be classified in conformance with the wage determination. The contracting officer .2 shall approve an additional classification and wage rate and fringe benefits therefor only c when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and 0 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 0 (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 2 0. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to a the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Withholding—the State of Florida Department of economic opportunity shall upon its own y action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [insert name of grantee] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, E advance, or guarantee of funds until such violations have ceased. 51 Packet Pg. 1722 D.1.e Payrolls and basic records .2 (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 2 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the State of Florida Department of economic opportunity for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained a under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. _ Government Printing Office, Washington, DC 20402. The prime contractor is responsible y for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the ru payment of the persons employed under the contract and shall certify the following: 0 (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse 52 Packet Pg. 1723 D.1.e side of Optional Form WH-347 shall satisfy the requirement for submission of the .2 "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Apprentices and trainees 0 Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship a Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force _ under the registered program. Any worker listed on a payroll at an apprentice wage rate, y who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable ru wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the E contractor will no longer be permitted to utilize apprentices at less than the applicable 53 Packet Pg. 1724 D.1.e predetermined rate for the work performed until an acceptable program is approved. .2 Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at c less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour 2 Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements a of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements — The contractor shall comply with the _ requirements of 29 CFR part 3, which are incorporated by reference in this contract. y (6) Subcontracts — The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause ru requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment — A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements — All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards — Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the E Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning 54 Packet Pg. 1725 D.1.e of this clause include disputes between the contractor (or any of its subcontractors) and .2 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility — (i) By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). References: 40 U.S.C. & 167; 27a-276a-5 (1998), 29 CFR § 5 (1999) 2 4. Section 3 The State of Florida requires the Contractor and all applicable sub-contractors to follow the State's Section 3 requirements as defined by the State's Section 3 Plan. 0 5. National Environmental Policy Act (NEPA) a, The Contractor understands and agrees that no action may be taken by the Contractor until such time as the State of Florida has provided a signed and executed Notice to Proceed; c The Contractor agrees to follow the requirements of 24 CFR Part 58 (NEPA), as applicable. 6. Clean Air The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec.. The Contractor agrees to < report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification and the appropriate EPA Regional Office. X The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Assurances provided by HUD. References: 42 U.S.C. 7401 et seq., 40 CFR 15.61, 49 CFR Part 18 7. Clean Water The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The ru Contractor agrees to report each violation to the State of Florida Department of economic opportunity and understands and agrees that the Purchaser will, in turn, report each violation as v, required to assure notifications the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with HUD. References: 33 U.S.C. 1251 8. EnergCL y Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy CL efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Reference (42 U.S.C. 6321 et. Seq., 49 CFR Part 18) 55 Packet Pg. 1726 D.1.e 76 9. Recycled Products 2 The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000) 10. Federal Register i. Public Law ii. Federal register notices (list that apply to FL) 0 TERMINATION AND DEBARMENT 2 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq., 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of a, the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties > 0 that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act N of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal Assurances originally awarded by HUD, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal Assurances provided by HUD. It is further agreed that the clauses shall ru not be modified, except to identify the subcontractor who will be subject to the provisions. 0 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Order 12549 (over $25,000) Instructions for Certification By Signing and submitting this bid, the prospective lower tier participant is providing the singed certification set out below: The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the State of Florida Department of economic opportunity may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the State of Florida Department of economic opportunity if at any time the prospective lower tier participant 56 Packet Pg. 1727 D.1.e learns that its certification was erroneous when submitted or has become erroneous by reason .2 of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," "lower tier covered transaction," "principal," "Contractor," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the State of Florida Department of economic opportunity for Assurances in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this bid that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily 2 excluded from participation in this covered transaction, unless authorized in writing by the State of Of Florida Department of Capital Planning and Resiliency. The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration. a Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge _ and information of a participant is not required to exceed that which is normally possessed by a y prudent person in the ordinary course of business dealings. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is ru suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the State of Florida Department of economic opportunity may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" The prospective lower tier participant certifies, by submission of this bid, that neither it nor its "principals" [as defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this bid. 57 Packet Pg. 1728 D.1.e (2) Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the contractors shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The contractors, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. (3) Section 504 The contractors agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the contractors with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. 0 (4) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal Assurances provided by HUD, modified only if necessary to identify the affected parties. AFFIRMATIVE ACTION Approved Plan a The contractors agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide _ Affirmative Action guidelines to the contractors to assist in the formulation of such program. y Women and Minority Owned Businesses The contractors will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small y Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian- Americans, and American Indians. The contractors may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Notifications The contractors will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractors commitments hereunder, and shall post copies of the notice in conspicuous places E available to employees and applicants for employment. 58 Packet Pg. 1729 D.1.e D. Subcontract Provisions .2 c The contractors will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own contractors or subcontractors. COPELAND "ANTI-KICKBACK" 40 U.S.C. § 276c (1999), 29 C.F.R. § 3 (1999), 29 C.F.R. § 5 (1999) The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by 2 reference in this contract, specifically Davis Bacon Act. CONTRACT WORK HOURS AND SAFETY STANDARDS 40 U.S.C. §§ 327 -333 (1999), 29 C.F.R. § 5 (1999), 29 C.F.R. § 1926 (1998) 2 Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, N employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the a clause set forth in paragraph (1) of this section. Withholding for unpaid wages and liquidated damages - the State of Florida Department of _ economic opportunity shall upon its own action or upon written request of an authorized y representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held ru by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or E costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described 59 Packet Pg. 1730 D.1.e in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, .2 deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 c CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. c The Remainder of this Page Intentionally Left Blank 0 N c C .5 CL CL CO 60 Packet Pg. 1731 D.1.e IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly c authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: CONTRACTOR 0 By: 0 Title: 2 STATE OF: COUNTY OF: N Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. c NOTARY PUBLIC My Commission Expires: END OF AGREEMENT CL 61 Packet Pg. 1732 D.1.e ATTACHMENT A .2 c SCOPE OF WORK AND PRICING The environmental review services may include but are not limited to: • Assess each VHBP project site to verify the level of environment review required. • Conduct site visit to project location and completion of a field observation report. • Complete and submit the environmental review to DEO. • Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings • Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance • Perform special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural review, Phase I and II ESAs, USACE permits. a, • The vendor must accomplish a Categorical Exclusion, an Environmental Assessment, a FONSI, a Phase I and/or a Phase 11 assessment as appropriate. • Prepare responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during the public comment period �-- • Coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted without authorization. • Prepare public notices including, but not limited to the Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds flood plain/wetland early and final notices in required order and sequence • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43 • Process environmental review and clearance in accordance with NEPA • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required • Prepare and submit monthly status report in a format that is mutually agreed upon by the y_ Contractor and the County. • Participate in regularly scheduled progress meetings with Monroe County staff as required. r_ The historic review services may include but are not limited to: • Historical preservation reviews under Sec. 106 of the National Historic Preservation LU Act of 1966 (54 U.S.C. Section 306108) following the required Professional CL Qualification Standards as set forth in 36 CFR Part 61. • Perform site visits and conduct all necessary required inspections; CL • Evaluate and submit report of findings for the Historical Review • Prepare all necessary compliance reports and forms for quality control; • Participate in meetings and/or conference calls to discuss project(s) and the Historical 62 Packet Pg. 1733 D.1.e Review and propose/coordinate strategies for resolving issues; .2 • Expedite procedures required by the Department of Housing and Urban Development (HUD)for specific Community Development Block Grant for Disaster Recovery programs. • Gather all necessary data to conduct an historic review in compliance with federal, state, and local rules, regulations and requirements including online research, site visits, historic preservation office data • Delineate area of potential impacts, identify affected parties, provide recommendation for treatment and mitigation • Collect and enter historical review data into project data management system • Review the documents for completeness and evaluate the level of review which may be required for each project • Prepare maps for use in consultation and site inspection • Coordinate with all internal and external stakeholders as required • Conduct archaeological studies and architectural surveys if required 0 • Inspect the site and immediate vicinity to collect needed information not accessible in a desktop review 0 0 These services will be funded under the Federally-Funded Subrecipient Agreement between the County and the Florida Department of Economic Opportunity (DEO), and attached hereto as Exhibit A. The selected CONTRACTOR is bound by the terms and conditions of the County's Subrecipient Agreement with DEO. W N The CONTRACTOR is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the environment The CONTRACTOR agrees to provide reports or information to the County as needed to comply with the County's obligation to submit reports to DEO on the progress of the work under this Agreement. c r- 2 LU CL CL 63 Packet Pg. 1734 D.1.e c c� C 2 0 EXHIBIT A 2 DEO SUBRECIPIENT AGREEMENT WITH MONROE COUNTY 0 0 [This page intentionally left blank, with agreement to follow.] N c C 2 CL CL 64 Packet Pg. 1735 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 Kevin a cpA 1 Clerk of the Circuit Court& Comptroller—Monroe County, Florida ru .2 c� DATE: June , Helena 2020 RecoveryLocal Disaster FROM: Pamela Hance c ,}lJ C. SUBJECT: May 201h BOCC ' , U Attached is a coy of Resolutiono. 150-2020 accepting the Community Development Blockt-Disaster Recovery( the amount of$15 millionfor o - matcl-iing grant funds from ie Florida Department of Economic o implementation a Voluntary Home Buyout Program and direct ther to 0 sign thei t. 2 Pleasee our office with a copy of the ffilly executed agreement once signed o you have y questions,pleasee e to contact me . N e C 2 cc: File CL CL KEY tBUILDING Whitehead11 ighway 86820 Overseas Highway 50 High Fladda 33D50 Flantfftlon Key,Flodda 33070 Plmftfion _}1- 1 - 1 Packet Pg. 1736 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 'ru .2 15O 0 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) SUBRECIPIENT AGREEMENT E FOR THE COMMUNITY DEVELOPMENT BLOCK C GRANT-DISASTER RECOVERY (CDBG-DR) 2 VOLUNTARY HOME BUYOUT PROGRAM AND ACCEPTANCE OF $15 MILLION IN NON MATCHING 0 GRANT FUNDS TO IMPLEMENT THE PROGRAM 0 WIIEREAS, Congress has appropriated significant funds for disaster recovery 0 0 through the Community Development Block Grant— Disaster Recovery C'CDBG-DR!I) program in the aftermath of Hurricane Irma to support community recovery; and 0 WHEREAS, the Department of Housing and Urban Development C'HUD") 2 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 z WHEREAS, pursuant to the HUD guidelines the Florida Department of a: Economic Opportunity CIDEO") submitted a state action plan setting forth the states proposed disaster recovery programs; and U) WHEREAS, Monroe County conducted a countywide survey of impacted 'r .2 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 E a Voluntary Home Buyout Program that would purchase homes damaged by Hurricane C 2 Irma at pre Hurricane Irma fair market value, demolish the structure, and maintain the property as greenspace or allow limited use of these lots in compliance with HUD LU regulations; and CL U- W CL WHEREAS, on November 26, 2019 the Florida Department of Economic Opportunity awarded Monroe County $15 Million in CDBG-DR Voluntary Home > Buyout Program funds and on March 13, 2020 transmitted the Sub-recipient agreement. E Packet Pg. 1737 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e that-NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COINTY .2 COMMISSIONERS OF MONROE COUNTY,FLORIDA, c� 1. e County Administrator is directedign the CDBG-DR Voluntaryo Buyoutme - ci in ccepting $15 Millioni non-match grant funds. 2. Monroe CountY staff am directed to implement a Voluntmy Homeo ro E in compliance wi ' e is imposed Fedeml statues, regulations terms and conditions of l Award. .5 0 PASSED AND ADOPTED by e Board of CountyCommissioners e County, Florida, t a regular meeting held20th Day of May, 2020. 0 Mayor Heather Carruthers Mayor Pro Tern Michelle Coldiron , Commissioner Craig Cates j Commissioner David Rice Commissioner Sylvia Murphy > 2 oar �� 00000. �, BOARD OF COUNTY COMMISSIONERS �-- . ;, `T , _.N — �..._ DeputyAs Ier ayor '1" '! 1" i 0 LU CL CL Packet Pg. 1738 €:,,,,w.k uSki#Enved it.`n I€.d.AC23— ''f A,:. DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e. t 10092. State of Florida 2 Community Development Block Grant Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program C Subfecipient Agreement Department of Econormic Opportunity ' a f � `, " a� R d:Yt S."a ,da " s tat o r:10'risia, � e " ?`�" o s�"scon � r r;fir, o %S c d „ as €a fi)c hC)aa ass M_$,d1. `" rc q o � r � (J 3 ara k� t .hc3 rx rls s� mad,rs,hferei a "ter.f`'rfer'"ed Sa as as ac= .tt. ead „ �e-- _ a,:,t ra tad a ,Pa v,ry= And c,ll itivl`I eel fi:aaaru'C t N 0 a TIONS,: EAS, .� U .,e:a .� �--- „ , �0 '4 9 f f -�a'�.�`�a.,. Cub 2 '�as;' '"aa' r.�. '�� t:a,a�aar �' a-� tam° �idawle Ai,p.,ror)" . Ons ��.c ;�I ,�r� � :a r d d t to s` e e as�5i�pr 1pria ai �a d maa'5 and ;ac. r P [w�S"'eitjc)ns, oza,,�n < r,) *acafior%, i w'," ms, .a," aF Y, #,c Y Reig,uJaccamits fo, Ca,od.. at a'aa s x e a aBlock Chtwit .. Da ti,ter iaecov xy DE Os"',, Fed, 'E,tr'g, 224 t8 iv , as as aL collectively t f rrcd to as the "Federal. Regist-ti G,r`�da nzc -, tla le 1e S D'. Ps€,a"`u-xie'n f and Ui e r,, 0. 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"a, + as t a *� e.d =a L teas urthat d d ae ! t.�,sd Nv d 2,13 i C,`.t U %I,.. a. a. a .:';d a it"p at` cat' . ,fir a°C')B�n : �rdi. s�,,ods awrmU k�ddipal :�f,d�aef l� a.rt'' moderate- income f *3 `t ''a persons in rt r a%aff=a"� , at ej,sL, fir: least w .t ". ,at of a amownt ea'uasa, d untiller tihis is ex7p .t=s,.e f.bak aa.a.t-.�'sr..�"� a ;;DEO wad the Submecjpierttagree e to tea,, .1,t3a ���# _ ,"< 0 (1) Scope of TCo I it Sa a f t fo,, ��,t s " ''�„a�at to ., a t=� � ➢; a a=�"i,�.t.¥,� `aa co S ,t $aar�; *�'��,a respect-to A a ne r P oi' ,t,'t uu- "ttt De.t =: .a,,e " ,...e rd ,a a a t4. } t C a aat det } s.tCdia xr <sttaa. CL mabinit to DEO such Iti taclh"`a}S nts the s atac w '§ wr0 sdec atar and w a € a,ri.."u-�:;3 -"..,"^'ar4t, aa=„s' .„t^ ".,afi rf`a '"'s "s rrd 523..:eer"ia;==�.�nx+rtr„'S?:afi,'.,-�z'd�',a�t.. `dme#:e�.�.;s�:r NMIt�t"`as.° ;�,"t�t;..a.tc' t o fo��"-""^aott ng nttad CL Cone—ni of sa a a"" PA tmaciimet�tt,,a then DEO'S fire axOc'S loith ."4 watt .➢:: to sarne shaUll 13 e ��a at D O ps sole arid ab6.ssa,`#a.mt s scretion, U y 1 Packet Pg. 1739 D3oc San Enurcoms,ir~ a rr n3 s 74u a u tr w fi a a , DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No. 1009112 _ (2) rnr"au bear-ad of Lwws,, Rmles, Reg,, drdaons and Policies,, 'Mir i a silo w (B g but lr <s and veg" ,d � d nn' �tssr or",ah aat 24 C 570 an d,the mar as As,r.dna.Plan, 2, grioE`l$r`k.s afic tsxu"d u-n by DE O, wales, esth viisel ll.s`anx=,lard, as pDo%ded V d ',s.ars rr aa'R c at DEO sha'. not grant slrsr �•"11`.".serf sln'=of 9' e ."� €"n�.k-=ens a t� t s tl"ie*�n?t "°fw'�,s_ k4,`"",.t i r4wkvi s� f` t�'t :;y`6 .,'�, � � .� 6.. �n"ar �, daiils,al��ri ts=as,szn a°�y lida DE ' in lad`e at. sane d ri,anid the Mds"c4.or of DEO's Office ofDis.st..,#,e-Bte o;'` .i v ra.�,l wCM'"Cti Mucl'Y�. ,et7.:nssi�F` ,..: C t7 k offi caation of 4gre in "nnt l'LOrfif :,aataons to dlins lq rtnenld shall b aul d �it ;,71aerk r e da 1 dg fin > 1WOng by the 5 uY#ems trnodt6est6a rns of'di s Appernent DEOd d cre ki.or.,-eject jeva rf pro� ased rr j. ss�Itf based � $ s ekn idran'n`a.iaaedn� .10- and ra sd# dat d cret.orx, dhat ll r Such acceptance cx xt'jedt-asks,is if dae Sta te'» best ilat rest,, U (1) 10cords. ) i;3;U flay,tC"ci ie ntss ��_fic' anc ,auks' d is spa' `f'"£:'Re st F 1 b subject 2' d a'a � as ,'� ]�"a � Aaait ��1a�� -- � U t n =aaaaa,:t4 Acir. ust�"s,�vc r , Gn:cetn" a(lost riadjOs zid"`ndAudit RCM*`qu rC.n"Aw,.n s for Fed€'Mzal dd'�tarard,,`. - s Bus e tat` e's�''f DEC),the C,,�:l.A s 1��s°�A?s,.ra"l Of � � i t w the b a' •r � #, State d n "`f �$ ias nk �tedirinr General of the State ofWia, dd e Flok a CURce of Ps.,,ogan i 13ohcy Analveis and Gover n-1 tlA Accowatabihity, � and represcastadves of Am Fe d gwavummt 118,1.a itheir duly nnk:Lt"hor dad"."p,re e ati s ts=&hxvc access to any of d e d anat e^,daksentadcs$s books,d tt nlds,4 paapetsa '3nd recotds, it lag,a led rd c Sons Mr ay as � f.he ratsi nunlat to U is Abn`?`.^etF..ent, i t t s pa..4ra ores d r colntkkuc wl,is tit. r°xa a tYtions o :s d}ng 2 rs.ltr ss Pr d: s p-dolssn. 0. r 'Ile daba.eq tart shi t`,,- ta books, records and docurtnents in a corvan` ce v a" g; cra!1Yr acceptedaccowati' procecittres d p acti es lii,h ,sur nceln a rsa a 3R # a c] �T M,c a����:d:a4''tndicv is of N funds r avided by M ea.i'r'.d see W Agmernen t, at a;fi ' Stab .-i, en`3 d s� ' t7'n le to, D€ Its U n ecesssai, and ar,'r x stria fi as ncial n fnd ' nln tsh cc audits swtwbM e aft-Paragraph, f4 swaled Avat arid .,j and on &and, X � en some that aU, rd,..aate pia' ` rwri ctio s are Womd w the s 1MOL � smk he a15J ddf.,s rnF shall r"d,:aid sufficient ent records q) shcnw as did_gDanc., 'aY '1 the ;erns of Us t`;f�nezas.and the ftamm s:?ae of v U s,to-b if'dt n aa.,.M,ts,,#so<ns"Sa fiorst subc,W=nt.sr;§,s.tor 3n conf"',ah wepsidIffiorn f,d ds under t"his Agreement"'r G n ent for sl pexicid of s (6) ra`C.`ran l' Mai`U'"e date DEO issues es t1he final closs,".a:A'isl.for chic aninvoi. , hie Subrecif,dent shaH allso Connpl with, he provIsions of 24 Cr r ' �,j a U_ rtt*s.s:redm.,pla"a.,nn'i.shall all Ar'i 1`an.ensure ��..t'rsat w,�.dtitgj 0 ._ s p a.k'1':ea axre wvao#;aura dips.«request"t.,tdr i periodof ma n6§ ad: f i d ln"s"f the twit" S#��, issues es the �anal closeout'".1'f ,t€'nlis A r, t � ar � m s $,„ � �a..<r".,t3s uanirts,. r��=.,nEat3.� in, ...fil'I�=x �.V++` DEOt. The e sly es. peri-iiod may be extendteibn Iddi -I' owin reas"arns, t8 It Litiption, Clairn c)r s`&,,te t initiated f-bis -Ae $- fstn snal aina s or kr edas beyond tiw � s s nr period,in which Lana d"ke records1ho—E be.mr'mi d t F aU��sr'�V, fts d vixns or cl€S 3t`~i"hncbri s, y acn n.g Iae records l',unre been ld.sol-led. t tK4dccai s fox, bit d1l,a 3,.nsankionn is"em, fa a fu 4* as `ne.::,3onal p a"d,ttarr�y Wald'd at$# 100 =to r'e at d-ta titne of ac gat sndal:n, s aafl be i tairci'dd fin As J)rd.rR,rs; Met Exul position. � 11tecorcla t as nCg real`ianrtta' ert acquired shall be r ttaissed for Tu 4�tl sus`, s aa_tde t o �los on the transfer of AM C 2 t ad n ec as � ehaU$naintaa sledtA zaand3 s r�gpor"tsl"'. a a .n a nr tit e �# b a� tavn t � and is'iAl all ctnnttactc saa..al� ±r.:ont ac, r,". arei d.o ns"it ra ds podd firrnx fa.s`nds p crnii d,3nde.t this igre nnn ee t, LU includin, CL g, Oder -then tati 3ln o i as&,�1:"rn=n css,stts r fo nn , id matt to rdiet � n c rr;`s-rnj,$, l str `�'n h the ni Breads to and 0jec id a 'of Or Scape 3:»kf work ant,"i ZU+ol a rapplicable la% w� kd regulations CL "t`e Wneckwont s 011 eidrier ,ta xr 's all-i 1 funds a dssv's,a d unAw i^i=n_$ Agmerneent in r `E n aAd"; nr5nt,account or I"C�east ee d-iat date Sabre n of as #CCI n Mas sah "11 adder to %^�1 ff iax,. _6r�d�� 1� to,'vepo ttel}°track ffi,,itr a x e nn,r"i dds,fi'of alb finds s fr n=' tlm-s a G,eraied s.Prks icd uAwtheq that do;only Gipson sn sa `adL,dr rdrr aa.e xtaas"w:ed rs'n s. fs o -€aasrf n d d Y l# ,dl a t d a a s s tkarr$d rid a sri itMereshald a „ be riio d`oianr i-n. hlag of fwnd s padas as.ed .atnd,'sr l is a gmanb`.tv"t nth el#sy otl`".nr fita4 cis,'prd}.jd cts r prssg nn`ts.. Ma Packet Pg. 1740 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO tNo.:100921 : ...€, mat" _ t sole� ,.�.1" n,��.'� �..�`�».��..k�ia cost,-a rns#...c with c3`,am al'...e . ti 4td»a a»",i, re-iffbm- ernes':#.t � 0 ht.as",'. S,:.x,.F3s?`°»s. 'sii:,,. if.�' .t f s' ,rf., 01 : »:a c; `#lo es w.#" s `>" .»,# '..k i.;._u�"�...d:du,,, and �=g § u ':,x d �„rxf�<€:s»s to y, 'sY 1 6"e£ d t `#a #<on 6 lisunts to be coat fir s �Y,»!and ,F,Taysied d 'u dsr dos #sk e x,tt" � »� c m: xskadit=Ge-aefal on the Stage of Florida, the Flrs:°*»s,a Of hice€ f' »r.r o "s Analy is and G one Cot gr Acra"ou ,s lit or repts o g V & ne sd # e duly, m,irl£ eaax # aid;sass tabl*....' shall .5'4`�Y..=r,'G:`s f UM an dudng S=€ rr)� *al f`aininiess h owirs of 8R00 +,.�»J:'». `ro 5 00 Pell-XL, 10C..c'»UL ss»"�a`w.d,r (6) audit Requirenierits 0 s.'»*' Wiflon sixty(»`d»rt e"sS.Pi'id 2,E t:days oft he#,t0se Of the S. 7r trr on,an annudi basis,the S 'it 0 Wad EG's V.„,a":#;rs. anaa`�''!r,;a s,.�l3��°a;"�,. rw iri o .a"' x``ch s atmc se";d here-to as s:�`��a;£a�":,.:a""$e'n"'s. s e.a�,Y,w.s.�.."ks-��K. g Y�f.,."r `ds'n s+;l,t,'stib�Nx"nitr osf'�,'�in corn #��..tt;wsas x��" ,�.�:�+.ry k..»�" E#s#>sf� '�-F u�;�,"a'-�°,r»,�`:,..w;�.» ��"�!'�`t`e ff � :'��,�'a.-razs '#�.E,s �,"Vi a ,j 1.#`�"�.#S'r+fi:'.3 `�",1v. t t s arndn: �,,d '; sus«ents -fe,g",, x,.orftv%#ts, ip"'a» {.„ h s :»d7. S .;»,s ofUM» nfmor ". .. s:.,=s of agTeempnat, scontos c izc?,eaft zs+iwsxcl, agreerneants, c,`, betwesol,, DEC) and did^ ems°:s f t #nt, x,.F f AXIulreMentsa 4 s -the Subredr,,�iervt shall send An xlleco-orrLic copy Of in report to O's grant flaanager 1,or 30 fol][orwing the cand o eadt-,fiscall, year in,"viLch it had wn c%a'.s.:��.,��»�`B$.s.A^•,t�...,s�R„wcdt;.b ill's tr#»»»$ is tshiflalsocomil FederalAudit#dserAI i»ls hirnited to e pertinent Report,,.i#,»�3r� �.fS� ,,s provisions oh 2 vG 200— 1 w'ten such rcnri io s �_ `r s° xs tsf„ "'#;,:sue=.„',.::. . LN d I £d 4 icle the shuts and vo rs.s o »�:» � s� �} and al], subcontractors 9 w rr"p*`"u ink,s d s_> described Jst vs` and c- #' f Wd"#s' ,rnd the cx,`s,`Aes`3.@din»,t fit sq r`sds »lxsad s,`this Agre »'Y *v.»#; ro--#. �' ��-� ,- Uj b copies ane not sent to DF0 of axe not c dsan�s.s a� d=r tikrx .a �S �n a Y�ss »s � ��r � # s s��#�d���s �.m f* h`*3` hx td d #2�,.. r Y ;.sds"::ss.`ds"d propexly 4.,t."d:,'s».t� s .s":,�,,, may adso xsr a G+,�,r or,,..�`°es-�.�"r.stM as»atats...,.i..s Para�:�, t�= (8) Inspections and Monitnting Is Ide �broipaie »salp " d » OBa sf.r 1sre� t�ss7 &-floc �� dYs. cards and 1a a�''al iaat s'{skwss a'"DE ,ar dete =L$`daxs is»f.e,,sss ;#d .car D, „o met the .,e:�#�?rn,te" S of C,17. t prs�'� � 0 r0, t (1)j 17] e, Subrecipiena Submit »"s9 ". $`s'?wr ac, ties, by 'r..IEO as DEO der''r-i?.$1e.3, risk st`a, `�;#',#is,.:tsr#:'s.c�".s`. x.�n�:"fs":: ;»rs",s,st.¥��...'�"#max",5t sti' i»'21 i,..s�.�">s'x.""- �.r",,.f i,s„'.Beg.in, d'-�"' '#.:».»ix,�f�s.` u"( s,�'s4,'a.#riz'sS�u'.. .s:..a.#ies,� is s�,a ;a#:xix the ttor u,i L i ofiss�f, »,s ss'fi t s fit, d`�:: °7 `k,➢»:mod# e. vV s vY`.. resin i:'fs�`S,d`v trY� ..x�'�. i""�,Y>ss'ltin e #'�pcwrs 4 .�s�x, by DI 0, `, CL »Tdl»t�win # » an e soling t dh `.e,,.b#:"F.c»'x"„c.nt takes, 3.j;fh»,� ''j � #s�#s��#� � �� _ � _,.��,a 4=� pecrtaining o the 'wise.l sNva a pr ed t t . S; bred 11" o-, D],11 ss detected`dr, rh:r r»ssdi s r ,.sss- CL site,i"e"e`La d3 ded other cs egr () issuing, s m nagen nt dcd-s o , r sudit,ficadin p;s',r a #i f to t,2 � a #, s,s s i s a'x ". , ss Ys '» #', , s !»3. I:.ks"„ r;�s s�;t�,.:f�..ee h 2 " R��. " }si 2 C '! a P,:r fs -issue m hiss, ent decitdo,,tis and s`zcons' tak ,., cnrc�» smt w is detected tu.f� , ,mdi.ts. � O may r quiY r„" � »§ �.'#�» ! fi" ,sL44" e�y aun+k. s^r Packet Pg. 1741 00c,iSion n s"Ine s DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e PRO t o.:10092 oproate actlion ru din a, :`Jeirje"�,c fi. °�, e, a.€�,t: ,' a rhi cl ra r v# uxl provided t '�` �, Spa:br ibient �"���4'=� � the "rx'aw d .€.Q':.`#;.:"#€�Aa ,A" tc`.. detemd .w..4:'"3" ,' -nd -c° „„ h�S,.F-"15,".�tl Ali rv-� y F��'-v 1fn,,,Dos h,k.,F i,„sSou CS_ cd flLu.s MI s7, $ use fir' ,l c BG D a fu di to 81.11C t1l,t' Canj,) r1-ce wr r`sros!&hll . Me al sa,sea .n'ce as ncerled to Correct:a n"4c.tm- Hs ice, t8 g) DuplicationofB ` e tSw _s, N �k � ,��f;aA: � x4 33 .€.o out ILay f te artiINnitlles under fl,ds � �''� ` r s s� s st 4 sue' 112,1 CSult 10 a ss{`, iv u k v i tsli a ion �` b c s, s Sad s �sfi d e€do s o { #€. :.1 sins asr a x ki m P, l � a4 r g y y ,si,since g 1.y&t 5155 is e 1 anrau , G rolica ai F benefits,efi as 1�s# ;seal a }e Fedde, s. s: .s t n tl�,.$.xice,. V Subr ci,sien i hp ciLf o -t e � sc t`� # s u-nder rl"ds-,kgreement un Co =a�� si s 1� s 'w s,s s 4$ u s a o s`"s.s fits (1 ) lAabifity. 0 If 4 the, bredi ssrW(it ,s a Sewte,agency Or s€fibd - sion,as cl k' , i in Section 7168,28( `S r pi ate tat � G se A t: ("M . c her R e o:- unde?7."alsfies nior hv€siaxes or assl=es any U. bffil for the at"I'v�`r t8 CD it d+s is wifla or em i.°y s tcs ceauas'out r1le ter=of Lus V-. enn—'nt to t.1ac ex er',k set'f6rth L�Section, 768.28,, i 61 a`t Iuxte 11he ,.ubrav:d`Astia-t i.,.a hold DRO ia-trLIes.;s a aInst "ref clanns S ni"sta'`-ut d as csfnse,E b s`;k..s. ras'sbr s,pirtat ..,, be suedt:)", t"h,§'d parties us any rn .#,,,.er: a?s,'^s g out t . any 0. contract or sub'xxift-sc't, u 3�:< icts as riefitied in *s s"="' r a s die N d r ,. �ea to be ha, � ss. o s_ �* air-13 � � � t # o �c dou sc s o 4 rn assay s w-1 a f sfitlt�s .0 C. sna of ss.S,atr st DEO,T a ssx,>sbre s."'"i(rns ag-r es vo be us 'e ##,Jr ss.a :h rnages 'o`> ..=.aaa.��ay caused t consent s u 'suits agency for subdivision of the sa'.;,ta- o -Florida, s o, be ssuerM, �' � p a,r f.d s =wny n sd. s arisLng o sl. )F an,7 agm s n t`i'n G �__al �,or sWc,s onit ct. J k€ins D, E-,,O or the z U nes of Def ult, #I� sz" the Ecl sitsing eS'I nts occur ` "vim_n;o i ul -, ii(�"�`�#"ay,in is sole a`s of the rr,a'.asa'st ., set forth`s in a7 gnss€'ph '121) Rq"i"s"sicefies,` s':.sr pN.,,uei e any.x'rerss.'sd.sy7`s;'s.'�xrsr.ss s:.,.r..n #',"»' s,wty, 'psi€i`v.scnat � linriimf Yam' Any 'warranty t"" repregmrit ior-i made w#ty». t1he Stabr fay tim� , a s"s ae t or sily pre OUS aeg"recratn'tfs 4sC1m., s ae or misleaffiag in 3 _ bps -s s N the 3-61)redpir'€v, to eel)Or s.a,,..fforg =qed , of s`f°4l£` Cab—liga°"'t.on, tetrns,or%tw:§`'YR°.:ll.an,i.t,in d4ns;s u :;;s. n.„�'s':,.A.fa€fin 0® s, gars`,:,` iv-- s sr ut�,ment'a '%" DEO and/or ' d„a a s .rs.m --`.s,?". .a w,:a.;�''u,. ,'U.,r'.w-. .,.i a--',�€�""'=`"-st„`a¢ ,s=,s"J" €s."u�.s„ t€u"a ss,c" .'<4. 4"t�' d.,usva U Lkxg,to meet `ts a 'bU a s .0 s d " . eb Enbs s. s x'sds r a -required b, sts tuoitr e,o �� c , lion;s � l i s mante a adxy ,,e change occars in the tsJT3'v `a, condidon of, rtic d, u,aa�die at any, ola a,C ng dxe t rsus o -ds ,&1'ecment s&ndfl e Sabree stew d.fat s ' c-,re dris r chr s-se cis'}.si."sLy wi' 3.3 s arle f r dsc f d_e dateIMMi.k.f.n notice i s'"st"by O; LU CL a111he Subrecirncnnt fifflis tea subtwt any re e'l7ed report or c ,(€ 'as = eqs' e s`"Ea ort^v? sP on,:ee , 'sa non sr ur�ss duw :�.�As�#,S k,s�u al aF£:.��ft rit' as�a. � �€ � � t� w r CL a#"s. "ubte -s7Fs.(s:n s'a,-..s.4 t erfcsuir fi`.' "`- ally" Complete £ �s. s' � S - as � s � �LY�' v,S, its ��ar �, 1"E�,s �.�s+tom.,. �w r~,s�3`�,ss.=a�s?`.`s"#`t"s U Packet Pg. 1742 r"k * n a >swa't;r,aaa 9 3� as c=MAA& .1-1 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e. DEO 'Agreement 10092 . i m .. p _ �Y Aritt a "t . z i' ell, or � r" . ti�� �J� " � �� s �� � �n�'% ' )f Dc's$st.,s ft does so ����Y�Ut �'� 0 s � �k � � x�;�Y �wa- .�uw�n or at� e� ice .F+ witiuYat to rna'ke' zy fur taw�.t,Nw U) ila_v or c,`ad,E t e to, pU..tars�`.rfy under �.. t°r s si'c� a ry a ri � a` a � t8 t t .a $ z<7 .,t dl re,i fin e 1. lfk 3to t Y € �tat�s a ce t R'"natiry or its f att�iqa es i,> ag e, itdau die d lay is due d' t]] to acts of God,", «mrs `vas of ou c CaR A:-'es, strikt y is F �..,, r:� or � ai as,3fii6t i,.Ywus orlh ly beyond dle Party v� trol, tv�� �:_Y fife �=k1.0 gp.Y ,. St:a#`, `.u:`t,^�2� s..i.-.E:z ,is.s. ^.�,' l�e.x. .�"'': rfi r�,0 -,t�Cf.ternat S�'.1ItC O 5�..,�;��d�,�r is cf�+, '-'?1F':.���.�, .�,...9�v��'f�t.,�� n �.sl.+f.`t :?ufsu ;�.��,'d"ahry ft 3m thw fb.?q!'t, # i ieaa,scs' flae Paw", eindil a_a se a]], reasonable nable measures to srabg �a s al:�� tai�at� .5 4 t„ # t.t:i ta, t n tip, �gait�as erifoi .ry"�<ence is ¢hig.""ad;ilt ,, ie ,his.,,a't,,��z,i?i'?�.�a,31.Y �f �"i+l, d ,2, s :;,t � Ga=t er 5tib paragrph, tk'('t' delay,"will i of zon r i"n ztxaau'add Zonal Chargec..na, cosh" a $r3t the rip � � £, 0 Ciffier Party. Fit" case of, vy dcla y i.t a'fi,c, �4. Y�.r fle,ICI,-8 Is C'UKX t 0"Ie 'Val or do � s,,ni,a'ckpient shwa •:r�cxil ! EO ian it s µ d"' o,ry r. is Y. rs Y potential l t i aid and des � ,ft caaasc sa fib dch-fk,- f7 .. ti= Y."s . ten t 0 isai,°r��.ti.,�rdi spas as9fia,r t..t� ,,.ai,na e ,hrlll :,. �"taas e.zi' r sl, �Y°'et�. .sza � � Y r #e,31 U Subr.ekt."pie,.;t:t ccyWid..�`.`C..i.1ona l Ir. '�kf.'.°esee a'.�,`t a dolalg .a>,ald-1-' -scut as a result or a,.rk, f`'ire '` cadrrol= e to?"ks' after the dt,tc Sul Ycdgsi a"tl g had rt',won beh- at a a l� a„ u tesu,11C,h ff i'Bi tint av i's riot reasorrui b eseeable, ;'111f FOREGOING SH,, ,,L U PIM", IS SOLE � REMEDY OR'13MC Sty WITH P SPA -"" TO DEI,AY, Prrnridingnodca ,o strict e cu cc esith s paragesph h"s a coneiiiion rcr c.thlttkt ta>a' sat ,ahf re, milady. DEO,in, V sole#�<,. a,Ysw,. `"'£ �r:,eterm.;nc ,sl dui delayI'S t, at;3.safii.Ia: .a.na°,,.t this T, aiRlpraph aiad i 3lN: not.v� is� Y��'�==a o itsde.., Gat`s�i, ;:.i et ...Y:' 'No w, t�"- �o M a a the t:' an s ?; exrensi of 6—Toe, sh0d be st'i'tec",afpiinst D+t.O Subre i t =a sleatli<.not be 0. tmtitled to ,.fin i<awre:,:a.sst in �';.e a"a*,.re,€.s�Y.,,,rit 'u'"Ice O P 4a MMA iskf `a" 3 n $" s' � I s` fb. ±' t a'f � f't,� fi. any .,�i....2�� i`�"�aSt w rv.. d�t.f`,,�� ��,�aat.,".:y act oc o.,t.a.t Costs t �a s p =s s cn i Y .,a.r fitDcludirtg but not 1.Y!tdtd to, c ofists o f N .a�.rw�'l�•�.xtar'on or{ a."�`i...ge ^r=.fft."a:''."a;�:`x�.?`ti.`t �.,?�ca..,f,;se o diel.�h.r T,.$.a�artay"�sk.'tfi fA,4 i„e"r ':.r+Rance 3`,ku'zhwnda".'xA",.e fia':klk"i any F:aSi.se a r Iaatscu t.r, ..f6 Eac�fr`inc is ".pia :.',,n e i,:' d tayezvs in t...i Yw cf Ain p Wit; due t n t �., t taa�'w x des,-ribed in thas I:A'1`.ta"aa s"<`af iY s 'ai tt:`:t i`afe causes "'iave, ft-a.`,ei,ased to .x..st, u shall. a.,d",."t "i". ."ao Y`"a," i::..:.:wl"d �.;ost :..tt,�.ess DEO der..�..:�.' I Les `j� a, x r ;, i�,.,cts<a.ai "s'�."is"t:��. :"f (B in its sole s�t o % Yr i, taafi a s u '%r UI 4 y p a s ..�,,.ze a;;,s i'dh-e�,�a�".�'w,.��"I.,C".nt u)D O 3,".r"r the State, �s".,`a,�l"�"s,,a x�°i.,e, ,��,�ufr. &.�'-�a do ".�d,`t't"��'"or all off the 'ft`sa.,,"�a"tkt".�+a'.`�s" ��`, a"aa..at..€z,"."a`: + ,.i4.aat f,f tti`.";.i.fl rn'xai,'ac or datli-r,;,-e�.es frorn Subreecipicnit, Imri ed a., at Sa#u,r gY'".zini's tfS,-..`t`", .fait, treatment, to DEw, N respect u products yS services s « ¢fd : et x 'as t� tlta it 'ase U_ 3 i yYt?'i Ca'i�i"er aso-ut a a (without reco',x-se to vad,by&,,ib jtp, ':trr sot Ehe W b Iate s costs 2xi cnx�3,'.a we , 't,. t :. ....-a all,Or Part of t`,I'aly proci cts or Cesar., di. t ;eira, he subjecta"s', 2sate delay ",tdh c' i ses nuav be slebt:titte from the a '. eement enru..;.tarte di'c as g-teerne .i. i`i-Mxa aie or iri paw U I at, ,'renal o f De fit(k oEwt_aa .EO s &I T. ,iiole calendar a a a ft a a- =:3is a e "Rabrecd;fa oa and ff it., C S ib ocipioerit Ira to oar= -iwithira dr a se 3 rV (� ? cale.-Idar,;aays DEO henna choose to to :a...a,'":-ise otiw or rc)—oxc"o tal`n7,. it,.J-iIo—,.ruikg .rnnmes_il oi%,e;;ythcr conoud aeGi;,,ly or tK' "'tcaat'�,1,.`t3t!.'an u�',n�st' �saai *, t,t, ;aa =i^r .tiffs *~�;: „"": 'r?s ..�A„sF.Yi,„`,.e" a,r ..'"'`i t'sit'~,a: Y s'r� .'i'"� ''sic a,..,'t"t 's..z t .�s*a`oa ,.t`a with r Pu-%g Pq.i f ,' " Notice and a;rh'f,act:., 0 'i 1 i'a an aq4 ft fist. a a o et iy: a l action' ,.t� a}t:` p„r�' '=a a, a#, �a �_ ,}� o � �.a,�.,,c neat;, '> .`�"d to v£.F. ik„1nld t.f sak qp',e „- yiai.i+aiftt:ernt�`f',f"r`ll tt,t ii,n s„ arr of a .n,,g,ue`o-t'.. s`�.h"-.'a.�'' 'Ke i' `�" , Y tLU Demand chat i " Sol ecipienti.: r*.a m. as ssa arq, ;ands izse for ehIgiv le ttti"S.aita s or U- CL o 'a =t , t, aa ..fitc a cb' IV * ru'l o aas, .sa t , ahi x t s 1 C CL �3.e o47, o h Sods and � ( ) Exac ac any comec 4 e re i..dial action—a' cl , k a t I, �L. > t a rr o ..tafzat d r « R '- esdi in add it oxai,.Linfc,'_ 2i ' on frcx4xi the Srta"eo,,t tie t to 61-1-Ictermoic dac reasons n apt . or , .te,, � U Packet Pg. 1743 ao 3asknnS° d ID, DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DE 0 t o.: a.wu y a Vritan :�is that t . �e,Rsnz a � tajY .3 C F Mj at ,) � ff7 Advris g the ti a #d nI, to as at-le:alq, or rve"raaan ..:a:.aaa, Costs aaa any =x„ `a,.axiF'(dna'ns sad, ,x#u.e am, 3nt,:a-£a it or'a,ays"of the above -tern ,,es does, �' t8 ;fie d �# �.� �d �+' ��„� (�}ada a„2#aa�sas ��� #�+ a`aafd:� x aa"!"�:�a;t Mn t s Af,'pe r,au en or''r t ade art-]aw or IAIX tiaq+ity. Fidlharc to 'z r.,..- 11, i h €# � 9 4 shad�b „ � y. A� a. 'to require"t, CIE,t'r a sal' aa.=£e does#.ao eaa�£a ':; a xtcnS Li a�' �Ana t'�s yn # �� ��a� y a� � zvwiW.gIe a- i,-iffact dtie iiad'Lr exec ise of txKc �rsngw ra �,Y:a orlurnedl by.�S E .f xt, �u'n othe' clef -t'- 2 (13) Dispute :; ( d -",r x1`" disrmtes ef a J er"4 ` ' 1 t doco.xnent d`i 3p,at a,! m f n�+k i t writi ig and' `en as .q of snrn=a on ,lic Sul "Y,.. n l. r1crisif as aiv. final U $uta.f.c a1a'fa aaWov ,un Bras the Rxe.roc)-aar-n-k ;;n( a z'r .,a,ao:= fps"r heamrx W tf` .DEO T,id'uda ,21)dara f a'Eaa<ae date of tcehp.o 7.e deiaixxn, a '.�xaas�on aaf,�3;ad.,&,x."a'��c,reu�� aa: res £°.�f�e i � .:.h'adt `y,Rt., is #,hn rb,.,,,o nay cwadifion sir ;cede 'a 'x41 aIIE SU Y n-'rrli- aae,s s lat av ;;.ate# � �r,�I.d.ti" an, Odh Form of :Es aaate � Pvrv"I'died °%wei a,t,x that as+a Parries may Lnut ,�,�.`?"'agree to(' �' .<.➢'t� ,,I2da ta,hex-n s:$:a°aae dia €m#tx ".eso Tama#.,."n t8 't . y;a a°i. a d� w« ftm j a (. t aa<x , r 9 sd,a a.$ ( ;. i3 k£.F.,.x aua k , l` zio, er, «.safe R d##` Y '# Fa t # rgv4 aeu ad#. as e... '$ 3 d b � .�s, i aaai a °a Jlr a ;M-d to aE.. 0 >a"aa+rficI aat th— 'aaT,'ess,,w aw prpt sdas cisioaa .. <. 4.,,aP „a tip. r# .<sb.%uf a ,a e .fir: application. ,rt 0.5'Ifto avian dtla d according to `na f 'd do's " �� eap a:adotas,gz id-1 ,aa�cs rand a Febsil u;F wil,M.m#",hdi deta.a a or, 0. the "d a0. . S r mot. a a' a eat a s a^°" !. l a x,o l- n u3a. '.beg a°§ ig an pigp x-sLL W N "1� .taas; 3.ga4 '*a n to�n#p a#.t..�°Ta` kaaiY:a"a��1.e�,,.c"a 'tt>a ax;R�aar„a� �fi a�aa„of the! xax<��,��"�ai3y a3:t"�ttsl..,`aws" .� i'k arad'aft65, X Ija a ,. aa f. a < 4a .11 r, n icig Ci a;a,�,aa;Bd't a . BEd a kx as a , n, a �� dwr`. �v ,« -.�zd 5a< „sa,.s.'a° ;i'=,td.,a3'„.ivas,t«`�,,,1£u:a"#..,.d�a: ;lr,x aa.aa,,���.<a:a auLan#.,ma:.:, t8 J C ed:aZ .nS may #"al as t`t n a Ornplraa t or za�4 ru,,efi J_�,o aagr# e a fc 1,g e.isaaaa. � ,��,-4, ,r a-ar enn=a.al, an LL ''l,,ob i,a..,:,�,IIaa.n#'�a'aa'#..staa "an thea:.Pl.�"#"a".afagw,'adidl�. s;" N r...^, U as1#an #"',& a.,.9face of Baas 'a'ea`Rec,, a�t a a faas�v ialt"�.v Bua7..ts,i MSC 160 U N . . oa d a ke�C . " a aa Wig as In!ves ado'n.s as necessaly actions. C ff the c"xTrisIaInant 1s not sadiqfiied t 4 Yd{btecix`ia nat's detcurr a adcarix tIrKoi the, corriplan,.ant may "ra F a, i� ' rya CIL & " d , a#i "_e f�a s ri.�J1 s d`asued ..Xi t-h et w� n ,a.4�a � � � t � �., at< i a" a s g a a`s3 r Uy a a., 'a'i d' a s &f:,asi wa as r„.'a a b S aea It,i Ls not been nsatis"aa .`afl dh draa at ispor �,s a fo a:nxal co I��aa,,da Many�'.'P.E. a Wwaffix sed d—ec , yaa x ifi... l a at, CIL an?f rf .aaa a an;a a ann,,OnbC:a ha:' Cei ad v't td as a :ii rea M'ate . 010 w U Packet Pg. 1744 'Et',.«uaa l ad,Ernxt$ooe a4d.E`' at i a t., rr t; £,wAAttcaw.t` ,r 21 aaanr%Cff, DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e t Nks DGWO 0 t Sad$"kt`ad t `C r�Etz; ci d Dt a..a td s Rt on 6 t a toad draft s a Ac t trd 3 Yt a t,'a i'Eat £ n to tt,, ta.?.a..G +aa t1t t. i.Sw raC us x.:a.. a�A n i� i 8!u ,t-� yy11�� � j� {� q ��kk h Y t $ A i nr' Ta Housing D.�Aj,�'a,..&.��L.t1 U.a F=�i Act of �a'�wato ,c at���' ,t�de �`dtYam� �ar tmb �,.�'",w>w:£+i'. .�,S.da G...Bd d t� �to va,Ate��3�%�'Fw�a�e.ehfr,'�.,.m�,X F`�,�„'�..k.���Y�' pammV V,.a..G��� �/ d?staas2xr,`'aa%. ,. at ala,ta+ w,£s, „Wd "rs.z$„,aa,s4not,t; k 2 as ixid% "`? r t a'tta. 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',.-,he ,,a.?se of is°la. a al to matidCr.a('ad a$ ,s,, E t deterixuirtes aie,zi an ab. b, e at at daa. i a.r.a aatto t,.tdda.tv.t ,,, the pada pose fraa vvi.s,dich Ae a: , a, dms s,aa f&ke, DEO td`da.t.a.au%awh. the N r ran a„@ , of w,"a:e ri'.ainary ,elk.?Jett t3 fu c a£at.0 s, the 'tfirnst.pta.£it, for "twlh.7„ch t1htc award was, made, TIEte � Suhrec"i,tcl,ent shaIl ,.xdr rns:,att?:3.e to perf,.",artzt rPta, Wvcnik, not In 't'ttt° c t 2ett „bz t tt ...r.d 1,.t e�t: x convent?, we, te,.dl ,1.�mt d..a�t's ffit.t shal'.1 taot %,7t, t`wzkia.de- t t,,,, ,,zdt, d «;$.z dsIXar« d t ?'£aiz,'s �x f,;s.srdeimst Costs, ft .ad`the a G.at3.u"£'Sar t, t,:bf'Shd'I s s Ca „ n t Ile Pardes may t e a ''tEX esnenot tt,.a tl7atas. sahta..:trr,r<u.t, tta .,r v F §r attfs'in,dhe xu,,,tzsvc t ".-Ced 1 td r& : Mh .fv ,d t . bt t dn ttaa N a,a In the a P,.a rstd irirt` x4at,dat as.ad.ia..is ntt.?tausdtr,,ata d x t.dtd. 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C f3 ])R funua's for t, m ss; tsuS;ion or"r�"z,Fjec rerrjcot t-)f fl�fe j9 pUt Y .:,"75re ea fh'ur expiration or ru r3• ,5ay `E,` .d1".1. :.S,,Ev�N� K.&d S'=.> e + N I 3 �� F t d' i£ ' u d i" c,,!,xL " a z�dditt��< o ar- t IR-T k k�ate§ 0-1�fi,di�fCelies�i��`'orvide� � ( ) Notice andoa a r xa".. x £A� + �' [ E sus+' ss `t s �igrt,,, im nt shellbe `ems ting,richer t. .m§"'a££' d � erT G7 li£ t 6ass or c ti- d mail. %- t1a retuln xeccpt r£'gnested, to Via, "eprese tm"ori. i £;a ,Mff�dl bz-11m v at th a �# j' £ `4 es, said f £ 9 ( £s 6 .3 asd 4d £ ¢ € .:`t $ ._< it a 0 0 �35'o' ;I r,bshua.`r.,3'k�"'r:a-r'„(dewnv L lr. L"r-d r o'.e,= 0 be, rae 04-1 ®_ xa ''.; N a ,-!( " `. Y? AP I!`.. Y'a�."..,. �.�' tY l "....''s ._. X c I"fe"-m~a"'., ,£:;;-,:lr':�""z.":Y.. dt,.' r m."Ia res'ses ir;,re. slesi ,� ted, try, mt Pg-aa rv,ttx os c IS d - � Ogre l§ f£a "I thi z-.a c, dtle and a-Idress of-,Eta*. new `"D be pi,,iwi d its stated in Par r *yh 6% ) �a = �'';, (17) Contracts. (A -a.3}`�e a O.),r x"i ie', 4 m9.:an raaraw way €arc' 51le workt"L'. fin£ .under ads ?`'.:1.P'{er ,'r x°".;a 'a_IL'. ,,.v`a-c> .'G'.. p £led eons a ct texpr ute, andn z- josc aa§�.c,4, h xncTr, xafiW:m;lions, r%nrisd', rm; orto r e changes ` 'eretc, 2 a m y us Z k fo � a£d YY t � DRO forlio %.wtm £g ad"r mrm Fot Cad"f contract, Mahe S br cip 3.. ien sh? report wto � r'a �,,,� as to ''£`d>i�s r hei £a"rat Contractor ti"f arm and u t,.`c rn trt''t.,c ', x �'`ir"ci by the m:maf:£o f"aa c ti»,% is ot rriinazimv venclaf, as Section g F20 03 0R326 __�,n .s".d�"a`.:�,=��in rl1�"( �'�xi.,�.t�P ma.£�. s�""..�'"!,aess ��==��a.,f t's a��.,��C'� a,~�t.'�,.."tom,�`p,� 4 £ thie ffi'lh E.a ➢. ,,, ,. c�rad a �� I£dE €'m rt' � t.b,,t x £ $:' ���� rmng ff£ �11 rid r, T1n; ed=dex tlaisa Agrewsicnv a"", a im;perf r g"acc:�r-" uiY`+1;mun t8v a at'I s.t x ti.ic Contractor o is �'"��£in.d-i7y ��; �. r t d t" � I � 1. s � r r�� �il�.r+� � s and xs �.? 3 bra& .a a,=„ Contractor . ,,,� lx rn £_� a bt£ mi�rt "tG`m-Il ?ag s cl$ o v "fa e e er m rared-Slt% CIL e a t of iffiecontmAtctor"s,per rrmma.s"c 8un£ s this, A i 'ss} do o dig � w e eur to do u my ,ll QU-b:rCIcIj lea l's -repot*s tne cr-Ontractomes pro cgs 1,11 CIL ..to 'r,.rf£"er d,ds,£ �ne'a"H=?':t,S . ;k, CO x th requiAerments, of 2 .aEF R A.pe txd x 11 to learr 2NC ta.,,.ot,�m ct n .a�,or Nou-Fed4.rx, Ex. titV Cont,a-Ua.oler PedexaI Awards k�ef %to AX;,"t'adY1.#r,`14"'=s" . U Packet Pg. 1746 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t o: n nu. n. aa. nSa�aa" ntnn4 "'SA a �a �a�t� re.gua" Wsaaa reg2n, ,s d a,dxed of suspa%:�4"d cT d s (� �,�'E, � n i#, a as,9rs ..0 d..aan# $ nt a l"'fi. # DBGfilD ;.a IMMUan n aS. hf tcwi ed r-, Gn.*Uade a,c alified .errsonaa a.Gai proNnsic-Ins a titn n aaa pro"yn"faa t,,,perfbrnaancen ba`n ,if a r) naaa�,na, and Rai w*,l r cs°aa�s t �, � u �t r4,a .x. e S"Tson,d;c ;tea Must en's-',,,stn' 2,11 ContraCtS aft . %V .MnCUW G"e a". ' State fi-.,e�s",,.s�a`o of pedu.,fr.j'i'u-"c 1..w date of c ann nVc4i and h.Stavpa..ratf jaaa .€c a<*a,.Y.a „ ,nn n�u,'" nnaar t8 a ie Su n a'n`npna"nntshaR Mainfrain ar6C,..wa��at Of a"11,,ac# rub" * S , 'this E :a ...w �,.n nn'#'.."ws.�as...nxw „�. n`",.. `4. a4:"''4 a.#+.':..-`a"�."ra"aY'a...Ea, z;k':cw d..a. ,;.. :a co taa##two uerf frn ac n =ag,to th.,e terms at i".onse anons of date proau.ad contracts a u' q%`neern°fnnts rya" �e ."".=a'. x eafal;�ss'�cfy"!.._sn.donl4.,.. �'.»!�'�`��.=.a»s + d"!"�"�"fa�n"=-`� � � 0°,A 8a Tvtrns ond $ as a a Yna a ua ernent cont,fi a 1 a n 'azW-rs ca-n# a.«a nana d-o agn'a "; aC a Ehe paan"aa a The: are no pvvvinons,,trn'm%can&dq wn o0 a ores otherd..an t d-Los ,contained ita , a s't U IU and Us ilgeenNnat supexsedes W a K£aaa uat usta,` dirty. No siraanver by DRO may be effictive unless tr 7de E. 'a"s,d+, ,sir an a-uthor-,zed D O ads cit' U ( ) Attachments. a inconsistencies; a=a"naa 3 % a .f n a du% ° ns rya ,i s`t g s ?4reamaa and ffie xamcli.inents ' ffi,e liang# n,grt of ffie t-ab hruen s A&con=A but only o r extent of'9 e conna° tn;or Axoa..a:nn,.a..a, W n aaati-, ,"Meernenr nnonwtz§,avd e fnF o n n is a a1at..a a: sat ac u=a ut b Scope u kpe n W tAtt ��n. :,enn n taaata: a""° €a a` aaE.� anar ... ( , fuf* d;-- AtrAcclunretit D and Spe .,ad nd;"' a>n.anan y A 1. e:._ fent R Rz qnd Federal Statutres,tq'ka donna and>10 d n.;a y An.`a:'r"aa;h aG"..,:�t y " Audit F, hi 6n' I tc A$.ir a hm4aa""1,a: 1'a Gaang.�So it a"-a, Attach--,r aenn''a:S ,jk'aadta Coraphance C duna'.fi'n6.adona Atta.aun a"n n'na 1:—SEWu ua n nt n ga*nh as nn.E ozn u N a e rnexa" ,�trar +a funding- easa, this "�i��*ee d.n � ua111 no exceed iftiee MUM� oRall aun S"'n'n,n Cents � 'WW"�+ii�00,000M) Subject aa:. '°.3.ie aVjbhRQy of fiin`.nd,a- !. State du"a.v FIdn a. ma,,.'#,DE ' n ion- fia sa and y ob!4,--&do<n cc lay a+=ch tf`i:a kLrdn n=an".nYa.is n'n"a1 Ag'.nt upon ra?.aa'a.`ul 4t"..:p::`,hibnn by A+.e,Legislature and ;wlb, sect to any n£aadififtnanfausnn in s'ea"ca'+u"a'ni vice m aaaa Chapter 2A, & or alai Mari-n,a Cons A`##i,aaos"", t8 i k D `wMl n°3**`'DTP"' ft �'a t ae 5R txetnec. n�"raa�n a_� q �. � a r � � +x*�7ant�` � s`�d?#n a� s ,.�°fat�n�,�saVna as Ys n 3"";� � Tu ff«d nrh DEO'"" stri "naiil"�",'�an-ager-io tindo,aada#non 'wynsern. Each NT may°s.onatdan. r- specific #n`"'tna, wood s l t as d u, as suva ices,restdctions of o ne a st-na.tion s j,phc abo, to tl,� fiunds pzraru ed a AROW 11yacceptiqg(n ids"utaaan�n €"r" `n,� `�" n`�m�v,.i u n .�:'.N,d.f e�* s.��re ipie t 2 ces to cc a �Y�%a n?At .etzrna;, d onnditto,ne,assunsn'nnans Beet f aon s or offi n ink"i"�°dat,a.icnin inCL By ocxreo #`ion of Us Agrocaa wn; the �L.1 nY aun,,n t ce-tu ies Sat necessi §ias'df.re n "ta t 'ativre nd n saua to 7 ass* a nfiscaluua�v 3 a� hi 'tAlaa d ns"nn t + a arnd£a n # C B DR Inn 2 aria; CL ;n dh t1a.E 'ubre ie'ie n' f eceJonn fi.nd-ing, l a EO n e-vir itt s a iah-ss tra-d7rc procedures,pvxnses and Rnal G:;oaaaa".,h a=sms; at anal nnn`m, ccan1dy owidn appaa.auifilih,,: suite wad federal Anq n.°=nks, ;a'aan n.Ia4.tuaat�.�s gKince and the twa o of Us C', .s kne'nt`. e Subrecipient Rgrees vc comply aiic +a##..YS d � c;iSfcw,iticw-s%ufA t'ead- tsna D dthled"Ilro t nn and a' n_£s t::nons x � U Packet Pg. 1747 DaO„-S,.USk'Yi, l"i,xA,4Ona Its, a`...."`"'in .,a•:rm";s.ant rs 4 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO " " .; #^ � h' ' # s,s,sws s si`s�,:, ,, „5 ,m. ,( C?, ' s < t, costs a _ # #+ ±:5� w, U 0 suee s s t s# sha reqsKest z1l ab,,nd in r rnanner Ptescriineil u s riz = f!9 si,#s t.. -."r„,'6s°'ir for the, S",.bs ecipi,,­n# set" on t"he i",<EriA tk'` = w � ``..6s,">.�-.�a� ss' .� :'ornn?.At, ic_ -t'-tt t fi i sy Must uqp'f"�"rove- dn . .. [ u .=, to this -in uka �? r= ' r, ��: `, t �el or" ➢;:tom tB rii xcept"'L` ': set c,#7"„ ,:' #,ate. "< orun'less othtwkvisewiidrig ` ' " .J#.#. " s>r.sr or cI.h,T-' .:le .,a"<"`;aa.:;r <Fr'.Y. :2V the .;, t.'. ."e"'fin date ofs r fiat`s<x..=_ `s. '.,53#.�.7: tr-.at*;., Y< ","'s,"$r,°, : If i states Congress, dtw F ski " office:;tP. Of tll nit and, nldg . .I&�n��,�<11 1.r$# r�.s � � F irkgn6, O cb s"c der Sswtr;a aragg"#aph i��� t� k 'vfiir d;z4t s C stidi'd rts ol-flihils greens cti"r�,R obE,t;?°g ozis 0 on the ems.:of DEO to malte is ys "s ,:: s&, i ':< " ..s ti=.sk ➢.s s. r f s the Recipy"�n svh �"?>y� bi U itt1 r"<4 'a"' '"".si4 Xe-cF`�' ,,.5 ;�ti..#,s: r#�`C..�t`a.s 3a ry;ss,s.s.gt.,'a'�.s„s."�',', F'girv'erAw,:f."ult �:,i.�.se""� t t; acka a?k in "�s" s.:'s' "<" i,,:✓,#,wN's"Sls:,�t r �,�1:s,`ys curt's:i-„"s,fire,.fis.� dc,,,s�: �.Lh�""s:�„o`-...:s,„O., .p� q gg fi fi xis' r`"t ` ;.s Z.cs n y 7 4,*sp ^;ryx K.0. �"s� fhe ,admi.".istr ri,l F".#'L Of "-,.`h `§. e#".$.1C.=es csgI:,�N, 0 (21) ]Rigpayment,,. ' ' e S!A°sr ryr..ent shall on.1y experui ' n„;. :a�nde � A e i a s fi s.ss Iju" le c s �s iA�s" frorn :;#biq tions 4"c+ti cd rS+'.,fi'r i the ki? eernent petio& The Suk-ax''c�pi "'"�" shall ire"'s.s,at its s...k#`fit°",%§ o"a.., ru "uvssh s"#"-' # "'s`,e gists s`#s«s.s'f lta �' s`ray; expea d 1#t$�" .���N urdes, '.� :P ��,���sfs+�'�,' ��'#�` ,�l.�:,:r"�,#"�#. 4ke costs, 7i:y,,n . ",i��" 0 " sxa"#.obligations mcu—tred s"'k'a s� the A k;`i. enG�4' y y � y# �' r'acu s r t ui 'Yokrh_Section o 2� :� �"a ��.L ::#:"�:..cf#" 's"st's s s..�,�..r,'�a,sor sx:"xa— e�"",:"s'fJ�.`"s � EO �"t,`sr"r„s�.a.�'kt..k�..;. st,s:ed w ,?. ; tw s-,<s`rze ee a"Yr v, sd cd or fi�to fl, p,, ,,r s�.s s, N r r mn refi'f;,md to r arty run � i j"1 excess of t1he 'au."oksfs: %o vvas`4kis 1� e S " s r ient, as coot aY.:4:on.i, b `st, .a # ..w o Wle entit1ed the terois it=d k =d i .t.Ekt X #t meet O 1t e or hec Eh' "^a.s3 nal Objb"crr es nisi d"s,",i 24 CT s 0 4 s 1, ), i a s d k ;a �r 9 , -o �3" r 4 "# s ",�a- funds fc �i�,Pj.an. a k� , ds"st ati `� nless E , n # Ic � d b i'� "s,d, tennines id e 8 fibs'ed ss### is au-firialt for the"ne1i b i th)- r c �"'s issl q'uf Pssr f/# w $ t S'id1sre i,iens shah'sc!".",d �to DEO an''' fixnds soar sp .s s`n acco an,., "ifh 'he coxn&dons of Cub -this s e un£sdss or ai i (fis sus"§fi,T;.1ir"74, FSu h e = nt"st,'ualI be se, Y, v;,9.'J'.)EO by E r r"rss d".i" fi,r" «!a,.,r:f.s.Ss srs r " ' w r r s`" # s° rr "s :i..s„� F s A&. sF sr s s .� s$s f}��nbn s' u n � c £s re ' s tfifi! � 4 s< " is s Set-,o ## 4� 2' n si ; s ss? s s draft # i 'd, kµt yt. U �.b,k s.f�:s ==,5 the .�fis,rfi;.#„a1.,�s4,,..s,.' rs <#is t"), s<, ,, "v;..,d"Sr,. .s"' s r ;w p i' a .,i;"` '�, of !.is returned di'le k ot,drsf h e z s�4 a<s «�,;.r. .ir;s ids, 9so s 'dit. . o lw ."s t�r �.t r,� �s=�i� U7 b,y ". s 3 s rr s p r m r lus ;y„ s, s!r J.. mr°u 's 's .. r 9. '.o135R'�`.?`i.tril: o rfi:'s:,Fds9�.s'f'u. d;'. t`' �"'w�"-'nt,ututl' .:.i.�'d _ , s e t pvw�,,, o s�sE � ar �s� Gk d s;sP a �iYs.�sm Do-ist fss ist of Ecosa r`sldwOrs`g"ro'"t#aa i< Gy ya"t3nna, s it), Ds re-lo ss°=ent Nock Grant rfr sss Casihier E IR.+uzf""Fh#s #a # . rid N 32399-6508 0 ( ) Mandated Conditions. LU CL t M S ry-r i4y&" o f ads `#p,; b.z'Yh5»y e 3` :ys s ? y e -h s'+'y p H k p, Al Ile � p .y ry 4 i. .al k.� �'W"�a.ii fd ..t' L3'�'.m G..4.... and U'tu�'. ! �'..:� 5i. +�>� +E'&.id t3"tt�Y sti .fi and rnat'wriulssub t d or p u s i i b tic "i"slbr#d),"ne# is{ u.s ,A; # tes sf t b %3r.lases CL qs"sb QuAw"2 s"..,, aesi.,ss..�we to s,D a�a# ram;-.��ue t s.r in �m":4"i r`w`t �,.s.:�'ii'•xa x'n.or response,ts,:<' a F I.the are �..".s�.:�s"ss.:``,b s.ts of uis A i sri.:.i nt, Y]'U! of :swi ,�Yv,s:s i. sS�s.� repr sen—ts,tss& and mare ahi,, are 9' k".otpos,rsted hutre'In by U 1 Packet Pg. 1748 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e (b) ilia -Allvernent shall be c ni dz'ued under he ken of die SAW of W& and ansue Bar :my Cb actions ar.,ts,ng out of dFUS-N..r rr'ro.U„n,. n l.,a..,l be in i(_`C,f':."d:.d Tit co,„�.:nt d,&!A1*.n Cownt- "I'lie,Par --% d`h,�u Y�(,'n ly C If s'.rata #;ir"drt'eO-onn of r mod+ Af, e mertt is hin conflict 'ax' _ arty qp lo,,sbJ1e staboaltv ol rule, rur is C utnerdbrceable, ,tiff that r a i%ux)rr shall. be la:d,„I wid mud d O,'"„'~r W the CX ked"t Of Q�fig� f�onfUd�t :"fix d.1 f .""''9....t�"<r"r,..xn- sF =d�" ..'#�t.'p 'u°§arisi`nr ,''k,`r+ be xzrt'wte abl Emma c. ,d u, 'ar.0 x=C��,.....�f`�i%s`..,.#«�..-au an " '.�;.u''}. ,t..LF "$.t's'xxxn Of this Agmannent, w Any poswer,of wppioval or disappiumal gmrxted to DEO .dh,-, ,he i:'d":.du"I`s of this i-�dr7.ie k srh 'Y r" een i a=_,.r n a r. t,arr a tyt R r d f U b o t`.kd''atrt eqd,rd s,as w d2xSg`,"'o L`,a«r rf y e d dkerl � as an dr64 � (t,j I'lie Stibrecipment s il colmapiY wn 1r applicable. local AvTr Ond Td ov"! 11Va a is C r ry she bnnd r at,fas T'dddra xdd liffid;'at n}dd . of 1°..T90,ak arS4r' trecl; the Mf t.£da Chit # QA t;as wrtt ad'teet, C tp, zso � 760, 171or'rd'e S-mtutes, 'In"Ic ITH of d ,s T ivi rd 4 u�r`r rr� � �r�k ""`t es r"� 1��1 dr 42 %. ,�rT k d a s ar a"t j and aato drto r° t dd am" w d ffi ion lr)y p 1 c and ptivate ,�da o s m"# r e rf:", 0 dY f nF.add ;dd .d to c 3 R Cfit �Ztats"and.�,J�"£�l "t,t} � � u �F � Cb �. a,� s'" > �a a"�Fa�r ,. xd`',:dlfs.�>a�� ,.�.�d.ddd.r_,r,�add�<t�,r$8,. dt, yun'ho has ,.ee''x``:n r,pda"al an am c r v a'"ted,s,enddto Est;flawing a cmw x.ti.§;:d'x'i fin, t,sb�.#' G'net C" t±i'�.,na .,: r con d t$ S a a propo d a ot,rq 7 _ con, ct tTt«pro d ,,tay[,,f,)os a`tw#`c idt�'esssto,d Tdtdld `#c end o stlba, r q Incl,proposal to repl� ot"I x CO' -'rya."t v,wdt sa l-J.d�le:entity for ti-m con,str siC tion or rosait of"ak,1dfi..s� c l,�uikhritg ca,p'd d Tc work oniy nior sub—no—it bids, crop #ram or xurphes or:leases o -real propenty to a ' c (B entity; or pda,r.crr'?d rrj as a contractor, s IppRrat 3ubcontrac ox or ro S.tax at v'gtfd"id. 2 ar Co yod"'rd t,widfi a w POW W entiq and rerq nry, t §rt ad t#rusLgw'ir rdtr h way Td`txb c entiqt d d d , o �ti��,, 0. d ata. ffiousand dr t sad .,o-00(b fors period of t.iumty ",six (36 rd' ,,#odi fi)ffo tLe r,had,.d of lxizagp, c d _ ondffie cornriatxd eni x RM Ci �lY^,;,Pd.,#,#..Tin.; t:l-=,dA_gt'"2>e-.a,d..a :n% b.';=eS"d.C,fa dptand r muit—a nid, ty- +.*.A.ds dz:,at Vj nelE ex it a t any of is affUiates is x f $rd$Tr on, I,..=,'t,:convictecl.renchat list', r he Subrecipient s l thin=oxe , rTatoranyfitsadr ' d r r�rrFa dtldr ,dC' Psdrd trr dtd.d � (L) 'I'mrs`dr.'sts,rttn. Soct'°aa,trr',@ 2 T 1 34j fix` ITS, end n„h�`�'"'...s'.u..a,Sz.t�d,. sdr ,i,. � a� �t x; � t a'st-,ta., r.d-", x On ena Wa ed n Te diiscdna era ors vandor Ust razy not subanit a WE,1wropow or rd y on a r. rr ar:va � a d#"ttt de any goods or services to ar public ent"`fiq r°laadr not,. 'h1b, , rt idr i rp,dt,:sal t,in reply wn d cd' with, a prd C Crafty :dd t'he r o s s'.,rx,do.= or r^cpzi' d":+T" a ',,,v.ab-bc bi ldumq, d'.dx.:public Yt..d��;r r ;,'xy ..,xot su6a it whts,, p eons "rd !quills on leases x of real pisTarny, to apt bl C"ntiq rtffdk,# out be astd,d cC a 4 pterform. U7 `r.7'..? S':s'ds i." .a,#ti"d:..'o.. sdyt4s`=:$.'4�..1t subcontractor des, d.ts:. d"<f�3�d.�#d...�ta"b,#:d.,. {,dd,t, 4':;d' �€ can tract #.ut.d'a `,t,%ds:d"� `�a'ss.s..d.�,s-,�. edf Y'.tT'h =�`C'..a U_ Bar r not lana.=.rs-. ct i�t�:ts.,x esv s'x-tTr'?a�r`t t Itw �'�.drr.,d.t�r a-�..ad s'executing,"d'#.:.� a t�` � d d� C s a y A@,,ree rda r d 'f e�,v1d�rcci-um-it r ds§nts and`d�av'4rr�'�,antas that sad.,d'T, tr,`w`ri" nor a,day f its �`�" .dk:tea $�'s",w.r.1a ��aT axr. di'=d:.` d`td.,dtat'5.��..�t,d,ra'T"d�>€�#�" atd.""dx.�;,{,max' ...d� t..,, Ile � Sdr rd,:ipi d d shag � !r'c dd r wr rds -s,, ,1f tes rs plec= on, theC�rdS r=�'fw U '+ra ad srd s fbr r#:,aas or offier x,d,=np#",':yrasation, for "#ex'dr',w,ces or expenses a,-11, be subrairted Jin detail ,..ufficrd'nt for a larcmper pdra,.= .`ud ..:`and poa,y„taz7;,tagd"it,,..her.",3t',of dfd r .d h."t:..r "z},`tfi#..� >'r, "a'.r'=r.du$ r #„ t rdaccordance N s,, ( ,a steal r ar. sda,tutwwd ry re rd�,`e'm,d.e rrt, axd;o d ance vd=tr= ecti�r r ate'06L RS,fhe r"U.,bCs d"#"v'or a allowed to #e3w'Eda"dtTl! rndr'# any advances of fonds dr'4rdd` t =�,t'"qrr,dddrerrlt, � i s d t 5 x S a t e a, c t se-� d s aF p dux3 r rdrr. shar edfic, rU ntd—Eddy,. o D ) o G p Ued , +'#fr�� t r d}t) r o �` d..,"<d° ud rx inent FdsY aad�.;am#"k aunt re Sub > frdpb=t hereby r' c # xrlleh� es that fhe&,:t1breripientis rrrl G cst vo FIsri la's G rerr 11t,,t#<`; rtr the Scans '3`rda.Izw lkc&m8 01 )aid,respect to rla,,e rn-eethigs of fh.r s d r� # �a f £ LU boar on the rrt.d#t., r s of CL rar � su, b oxx rP i:tee rrr � �dt`P8a�`tdx`d" Er 3a rd#�� to - or �r �d� x �,std�, �l t-, rr:frrf}Cre t hereby rgtU.x",M thatall".Et>ch afcd r`t"dnetntioned r st ds`a,rggs +;h U be .fi.t li noticed, cgae f .a.#'r A�"s}° CL tatrthc wad T, e r,s,t,rdr'ara of all the mectfin s shall be public records made e av+ d ..e to TT,'f* Public as'a. accordance with c3apsar 119,Its, Om) Ile Subr d ipie " '^rba9z coaqxly mith xecd t, 519 of R 1 101-144, the Deppantnent of Veterarats � Art rt andam io a in a,7 a a� r d rrA a kY,r rt€e r x r=,: �d =£'rr s dx rriaa&`t-r fr :T.k tt ts.dit U 11 �° Packet Pg. 1749 r1ne.ti Alm,aa.. In Ae',`11_d T'na r'a—AA=A AAAC-C.a..a - .a DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e PRO t 76 `sa if"dxo 906 or'i L, 1 1 62.'y"r,s the,Ciariston F,<ronzale National Affond"lab"le I"ous .Act, 1990,by hav2t���°a U i& ::?8 fi ".(S)O", rda f ss t r�"'�ecut tm,o hi r � �.;e I <d� ,trod if'o j `'li frl"J a i polici pttoluitxtirtg use or it ss +a: 160MC IN iit en-Romccinent werwes au sii icti si ug.-stinst any inyiruidis eng, d i1a laa, itlrit rig " � =mitt „ tat. wAu i arid 2 A poliqvi of en4 rcurv-r S a"�����<alhilk t e�ewa local,l ti 4� ; g � st wi,,,,dl !"mni %q^ent," ice o 3°'.nr t8 exit from z far it or ocaitmo %lLiclu «<s. uh aiatamj,',c-t- "'Mcfm v.f.w."t m.:.'"tc es„f,?C":'n.'m�. a.i.2rac %..'�;stsai r +s,.e: `s4'�`nma"titnO;t_ay k ) No ,iaduids or, ot'her i SCrjrC'kS«riiC i e er a"x a '' 0 u der d'tiss.a'r gree a e t may be <.`#sed din!ctly r en aam;i,4:'R o i e, m. raai:r .i a � km. 4.iias <. ,t Cb Cuaa ; ar;a zat , ataa fimds have eF< paid om � biti 1 or oil t r al of f F. C Si tiara civi ai«to asiar sae°actin fia r ak is iia or attus m ;'to i f a is"i -an officer or,errTl e of any Cob agency,na N',"`,c be s� Ca ai'Sm.'arcss,Rn officer cm'.'Pernx,,mEr.r.r a +::i'>"(a'wtag,reis coo an .,,i^?'mplo.-yee of V'`rr cm-l;&se of � Ciing t i,t,,�°:i�' ect i'a aiai�i"k' i n�im�ii of r ,��.ed am i.ia"�3�cr, `m ii a m���C,`s"t Timm a < .i ra1'm�<., `a Maki ' of any F r ..x. ., ;m m e t:, s. ais) of anvi;i i a m t311"ic exam I on, a = a t'ay ;a"4 r i. �ri.•:a air«_.�. £s,,'m,Si:.a""mitd``a"' '<m If any fxih ds :v sir th 'att i"cai=.r,al i ,,.)r 5I vaised ` *s ]"a vI.­, been, .paid ies be atwis °e's a t for ini i.tc or ai c— tieIg to iil tei°'I.$C ,a3,m` officer of ern, > ployee of ri2i, a, °y;r at Oct of 0 �enmg-re s, an,a'rsria em or e<a"a d#s C e or�01i'ram" with, or +aop miiaii agr me s t a<3 s,ttbrt a f, yr'a S a'a Cr a alett and _ `aa1 nit St'aia dad ii'ii �:.... "Di.i`lo sine .g a fttE 'ii ;k rs. t i ii, srr a& fda mCe mNm I< its uj ark i 1 "Su iri avi„t.:a w 511'aR iequwire ti .1 this r,erd..Ecaiiion be k`s.,_1h:1.e in the aa.aaim&}t-d dz;rurY`1e for all, 'diaia,aa7`zds at, ail .,e i...ai iii 2.t' sa fi ,mi:? a .mras 1,kd con .w,:.<t 2 i 2.;.m m m,b.m,,i l Sm='w, arid � coopez-ath-e PCmss"reet Tents) and that as,. mas,.,, cet-:i�y and flisturose as deuaiflbed � ris, t8 pmgrop (Z' , above, i., cer"tffia Rss' n—is as �.H im�za iiri of fact upon%rihicla e iliwnce was l f a m ti.:ihs a aaai i 4 ai e r s in e or Fitt wand i o. Sulu i ss^.-Co o ` iis cerdr1cation IS r rt" ui f6r maLi or e't s k;.t';o j..t.. <) '-ter is `r ati<sac on it c<s red b a. �s 4 � ,���i`t ti �3�r i§�'� ff (/g r'"h as� g file ..h:si" required{; ficaticerx.srai`all�r'i�,sub .�➢. e h��i�s€�"t V � �.�t�=ii.z ',$#, t is oil"ia w a' ao ; ($1 ,r000,,) and tidt.°.Ji i ma. . � an. one lruniJvol tltofi.r.231"id dul'61r, (5rsd�.!`S0s00C!; fbr,aac,t sudu.'il failure. a a" and allat,� .c. #:'"}Bair t38,:.cL Lnes t..�,-,ndex ,:ate. 9n.. €.,..)m.,.#.+tYtifDn i%i:ti:h �"e�.Riai~�,i:&`�)t"i's,rai..a'�.::w, o �:°..-.%;a i k+��a'�.e ei...�.t are .2 �'i Y.oUl")w a,as;:"vd,,,r'"+:ri.d $a>,:ti'r Jisa't-e of F-'-'),nd� 3yt �iiaaa r i ia � ��s�tt�under� ias Con aria ft ma the Ui p,,iafor m"ance of a i,,s"Agr "ctis nt are,h;;relo c£ nsf s.dby,the:.s£,t.a,«,eci a,ent to the State of R+ Aida, 0 u"i'=« If the m e".ksL. �'.-.a` ,icar imai a p amating arxatet w sad t:aar)pi",rg .s the �aa,'i"ktr•s`w%.,�,s 2 n ,a a i`t s a righ a � and to d,timi pre- r sda$ns t r�a!a` :br s sky ?a=t i hies;the Agrema&at prci ides ssmh ems, If arry, i,U i,,,m,7 cur #ia it saxXi is sr s elop Ya as � eala t i a ai, s=- is t ice .sia is« )aa.5$ t'"i„`S fi.. rs i si. r it ,-u a a i „"ilder ithusAgreernent or d,m any ws ccc kai,.cted wi hit,the&.,a'bre'a,ipie t^haa,l,,efsn t' i s t a'.;a¢a:.r'a' or:raaf'ei<3don to EO for "aY. dtLtert i arion whether me Su,mc .'n<as"i ;a is � "ia� pateatt,protevF10(1 in US, Si tit, o Arrm patcrit§a. Aii ai. P .r,,,..H o in ixik"�a 's,�;��ion �&'thh, tllre s,7a�s Rfi..iiy sass ,.< s,aaa :� ieN Agpree=amermt a-t''- r ser iI a to die State<s"<+s! 4sl€am+,'". a If a books,si"$aa iZ's`a.aasiss al#.: s o l.Y,- er i'ta'm'pyti f itabi ca titer 1, ;fin ta"t,`datud., CL r� a r2a . ryib the-. �� .= �di aab i iie h i I i . s"a � � k" criiag ?I ta . i i _ i,,,zn"cr this Agrto eint,vrea.:'uns i e lor e Saa'.s.f:,,, ,)i it to dm State< orida, i `ia a Y a i3 com.],virldar usys ofexecutilDn Of a as - eetxxens ldhe Sa )a"t i shaH &isq c"se G7 X"€3ji cop relatitigg,tt;a the ,if a.n"Y n <.c)f t ws,,, #Tt as 3 'llch he or she I i"ome;or:hm l u 1 Packet Pg. 1750 € atn,stt'ar iamdr I.du x,tr DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO No.:10094 3tt,atu;4'mar 'add ive ataia to, ,€ Pa.,te,"ut.',or d#��a.��,.ttW,. Mae Sr,.dnsa.f.ripasx.,. #SS`t`sn ,aeta,khn a I +% StW„a s#rt'a� ��>.r.�t?#£:.F��ax`~"A'��.r.�s' �"`a ,ts: a o & �,9.Q i,. „s'�� trd i § a.� � that to a to 4 ton t ,. t .aaa �& 4 a„ t ttt,�y ga ,„ alpsu ch rtp tt*u2t:eetaty Ft' ts#j, rata.d DEwa sr:veaaa hea@1",` the t r. ataU p,.1t,w„2's.t; and ,tttta"tigltla,t "ttvihaearh aca,t;,;e&, p, er„e-.t at„teed ca sRt.t.$.:3xjSi r t i.smg The ,.wnt E ,d tft,a t its 'tr{a.:tsY2a a,;£t r Fits as z i�hadt°ri e the +,,,e#a;ti utttMC att„ ti R q -do is a x s �'Y � �� ��z�'w y{t �W�u�£� qf2,b f�.W k1 � �2 i'W��. k�u �,3$.r q `""'s..t:.`a,"t:'la'aF,ta.aa:t;at e S».x..zt.,s€'a,y tn.a,:is..�.`. 3''a"z.d t9ta�' t.t�+,tt;,paed �,aaa;:rsra i :1.#at a,"�„e, ",a.�,r`a'.,t7.,r=t.'it att�3 ?...�`�,t�,db.'� 41;�:�.�°s..r.:#.rr`�,3: �aerid� �a,�`d t;.ti:.` V> r s tt gs= a,tt a a TfTtos of #�, �esn Et� ta a ,rcdLrf request ,a" ttft.;ca"n he 'I'lxttl,t ,p,pr d has �`#u1i�2,stt tc; % :°r.l 61,,,,;, r rn r ��3� s�i;.. t?,;3 �.hi .� f s Meat i s o rTfx#> d' o � a.,. , auh gw O a', 'lwei,.ata..,any ,,,tt;.tk t The pe rsl bt(a iCf a 1 ar saa raa#sa aa't.t,, ttotltt safes t o et "tre7 uas tt �'zrCf i, 'aaa :ich hrea ta"t;eK � dat Finn," ^st F edli'lAg n WI aaStig aco cc any coh a" lkefgpal n aa' fines tans t.oau' a.tlt"s sll t tTvtala e. ' anyvvpt �ttt�ts3,.aat � . . OS to da t t. 'd4usl 'k v# aU LU n,.tjfDEO Gn itir11T if its to lacHvhall.aa.d is 1.c"'R ata� a k.dt;ged ,t,#sYa at gs'<,s,� k,o-. s.d�S k the tz".�"m a ....� � of dlle Q n adsc tticna. to tlx .hi a"ta&. trrt,��"s.aa,°tt?ax s leffia"to, t� ae "s p r e l ¢ gyp, rigv a t � at zda Sz#aa ea each.a`<«t ts.?+� ,t e testa as t tassc t1 ataa Scat-rt st tavdt , t)h,is Afpwfi saSe t and Ca "rovide r a xagpplicable 1:rubllic recctrds tta k atatot- is tt;as such request,fi a �t��e 1.6A ftt hill.anotisay t k EE',( of t#aa,ax at ac lasses and t,t.dnun'o as�..sudix recipaests,la, sendiw"l 2 ea a a41 tilt �'i yep°, dYt k ll atrt a G a t x£ d raft te, t lt.gt t t mossy as0. s a l C*�.c :•ra.'.xa` ma"l r:%ain t 9ub c a:'a"co j l,a a.-ec�'a'aza.a'-d la,4r D.a.'1 c' to $c,.,rf'btr'a, tlb c, � Subre,cipiene,at,rcsponsihffides d 'a:l.e.l,aS,.e , a bt g. aY. <.a aa. Ya.ales ' swf a r, ¢ a ..a DEt t c #'sf,:ola.ac, of F. tfhas..t,lx;.. ed t:.31t r, taca 'fate a tat:t., ttdta r tfux 4'try, r. gn: t t,tSa:, a`,!d to o "s, jz a nhgaai`'the �' f I r ta{ r, aGat P ad i rt., t aa� or a:o-;a7pied`L°ar_;tsaaa.s. a coasonable raaa;tw at a,'arty, ttbrc't does not r,asct;ed s ,.,e° cost t,,,x aeacd t, CF"ttupter 119, ES.", x or aa, ag a arrr.% e t"to—viC e ;t� mares lens �tttSstdal.t,'Cet, sh H t R� access r,,€ aug n 11.aa. n tom, Pa 3w.am t8 fast a.,ar trtaltb.0 e#�eMtta madeaStt , at by the lYtetastttt?a"as afttta�artt Il3rz, aqrlg3.etaytat, ~d,%"tatM,:,t � Etna", re,t ves'#j, are at,A et aC fixO:t'.A ic.n I. Secdixi Gas`Qa of the ["Ittit sT�ua r xt „i Sllsal,r.. and 9.07(1), z FA taw" records rds tskaada of r ,.tia.,E."t t,t sb-i' tat �S t..1:atr.2tit, S3a, t twft2,daa ar .tt ,n a.i& t�s"t, a.a <'nds az`se a, 1:he sat rarest pitxtt ara all t' , on to sa rtoaaaF to inspect sad n fdrrtf }tr:u, t ,to i tee ttahttts t otth, t fzaj rer 19, 1 a � FS, For atH b tt h requests tat a rd s tlahsk are t,ul'Asi¢ r ^' t, t n rr ' r t to ts, a� tt �aa ,ed dx s aat'r' "aa r}tna"P + t Section, . 4 a14 ,`9a s tttt d-.javtaas yaal:,.tat Ga r.sffv +� s `ta a'7 11aSn raft dtII'"d"adtrt`,Su di,s pti'll-. t e '.ea rasIs t l the a<;"st rites ta.a,a`ek � %t,.rta'aFaztdled in Gees 1gsa .: 111 t'. andn. taw.sM,t'i c annce sfirtt�k al ,. tpatnt,i Yes Ea,E aludaakz.a; t � Chapter,er, 1„E +` AS,.,,a, art as (� tDa?zet vi e �„;d,tid:,3s t,ict' raaa hs#fs:t u r t. A"r,,k:crcx.nt :..?.a be w dt1',ina to a,•y t�nt s�.§ J`,'b ta,u"a sa �'a�. We wats�aas,<„i.t4t b.i _ bg f t t aft kata s1 -t s #iat"',,:et ar to .li to cor•a,..,aa raa'v'a's cwr to ,=u tea: }aatsb>ic. at,sdti:..`..,s€s 7fwg ,tat7s.as"' Public tt:v"at`ei,. made or aexe v .r;a ra`tfi: ott'ie ..Stas4gb t,iata"tas cor.6junctiow,`mad apk tttt ayt a r a fit. � t8 i .n ft.8t taw#t`.,,nsaa"s a,.,of ttalta .£,,}t�3.la�.`3�,a"sa,`,ba a'c,,,e �"",Sttla,"aec'.,ic,,,,"a,:kz: lt. "a, asy,>.a,latt..2:r..r..�3,?,2a 3 ,desd ,a fi .F+ g s tatx?a. as a a taa 11,ad,0 xi sr ra) w.ta x San , #.:atl„ ,a.la l.aaa'a,,t 1. Sdx "h ..s#..fi." 3.,t1.: t.tt a tt.t rt,¢f,t C slhat.11. ,,rsl s,,f r4 to ka..',�nt,,a Yes"& r C cost t Y , , all *„tt,E tte,records upon, tdtFrngp etion t$ u,ra�tFrya'a.lt'a 4ri.,:(i.Y`�"?narihnn, o 6"�ifij zt z�'_ .,.#.t:aat or�ia C P„t.l. C to In wa.s.l.txaa s, tu, s t ` dtr ne,:,quixetlpta`tr'D .O f' sps.,rt6riar. 1h ,ryt,v ce, l tz. ut z t tt€ It l,rtndt,.(a s, tattna7"sfie' raa li %s, ubHi., to ._i-a'taa v,", at t rF^-;e .l,t' .tpg'?.;:n v' c!pon a,td„ai,.„i,ijsl t cyn. Si, ware *trS": lizt'S ts. t:m s kv' 'r da S"a`ttat aa'2ty f"##b r to ,la p tel7lae re-cords d-la w."ac- t "t°as pr,,"as" "asxd t-.tt'a.P t"h' pt s'a'a!ta' 1-na lic t'ae;.:..r.a,t3tr a 3 ,at aIlsalura requra,t..ti,:eras, If the !tt al"e ";S s.t t, i,S a kastd�ar,, a t � rt as a � a asss�a4 "a�latlt`tlr, a tt atbE," nta�+t rt Gat, ao r.qa tion of r e w ,a wa.:P.ttnata a, t1ne rr,E.°'a.e a,lE, t.aa '.tin..i,tractor slaatss ,ag"eet, all a;rpLica bl ret(tinE.tsg public ara,t.,,8.,11.'c'n, in. al„ttnrd'ance ta=[.t,a t,.,x,,,,dtrx,d,r9 119 and 257 w , , Alt t.u-en":,a?tt,;t st',s...t,.S.at`;.la'tC..aa.k.a,ar�`'ata,l. £�.�`# rt at t be tdt' mzds',.at tka DEG,gs, )q aW,1, ..w 8ajtt,a`t'r El,a.`.tt`ac.a.w'�t �l w,ai,e ada�trg3�tea,l? F',>z. ,.tw 6&'.A Y,:SWP t r,.n,aa (,$� st '"s~.tta„t1 t�,zrat `wv., e.h w ,ttt .a, kr.tt t t, data i t .ta.t?Ysds, to to a t a 'stttt.l°s s of.Aa , t, U q 1 Packet Pg. 1751 'tea a'Siun Envolons Fes' ,'34,rl i fi'.AA9,,-ArA=_ sA a—ra,—'j '2�ff ne'w DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e t .:iom. a 11"DE0 does ati ` xosseas as,,rccord ren a staid Ella= aat a lic 'rec rfa,k reqtxsf,DEO bsaaaa 1a3 ash, U pr,'Yviet e recorda t,".=t" DEO o:ahlow,,the a 'cog ds v,') be inspecio a or co-pied vd- in a reasonable- Wye.. If � the 4"�, 4 ,� � � � � ��:�,�. ,.fir �'�"i �,d� � .,y, a..:.sW„„, ,1'... ..;.4m' .s ,�...,:�w. 4 '.r,�,..': does not ,,: "',€ �'�`�,a.,€,s, ..'s..�,�ti,,. "�„ �.°�,'.q ,..em: �,:`:f .c.�.,.�»,. �'.eh,,';, , ..� O shall, �,P$.a�, arc 'e D6,.. xu a„reas�sra�.�:.#a '"maanay be aaulsja".ct to pa»iYra,a.€a4"s ,.saaea ar,,,a."k-M 119.10,;'Amro yia. The s x.,9w.a.€.,8..: ,s, ...,,shall.'i-'.`�"kF,....a, DEO:�.,,'v" �aa a:.'ors :"' `n'siw'`a,aaa' m.,a � c,§ hours s E a � �, � _.. � � a"aatt3aaa'3 �� �` � s>a r ua as f 9 t. $ 3 ci ? fPr .#' f :.,. #z # "i .:Z 4 `5`"Al, d t t� �na s aaaa� sea € � il7 as , f0j',aaaa raaa 3 (exce-pt in"a Ise ordinma ccnnse of /> in anasteps as ... a a3f prevent rr use, rNwsin possession .. 8 s t k ,a`a4.#tH:Fa:a t,.aa" taass 4,:-asi ems^ a:r,et€aa-Pa`abjectrs�Paa,w"aag+s U {ry'e "� ipien°=.:. ¢��«,�ca.�,a.�;a`4�r,fd�dge s a€. . ,E .� is =�d....�.cmot § ',e �.�.s".xk��'is°.ioms fa"-'"` �„�,�."��, is 119 Rm.", ' s f? f sS sY ', S ai t .Y v1 U11- . DEO under €..,".''.9 Agmeca senl: c.os,>nv t, ..kite ptu bfic a°cco,aa.,a-s$s und"er M`s,:R".s':da Statutes. s.. e Sw,ss.;;iri':.: .`f,€s, 't shall, cooperatm iffia DEO ra g,trf_a.i,a�a z a �:°��a a 3u ;� �... .'�:'rom #:,a a,.a>arn� a wfth �.3° `�...¢ s»aa..a..$'a.,#d'"aat sof Charter 119,F.,,..r°`°.k al""u"'Osuze ads, trade secretsor proprierary confid,,atial 14cusinem ni,%r'.r Lion, sul,,."h ret.orels�a �-a; riEcreilbe 0 saear.x�,f �` such taaa #�:.:a ., a s .. a€`ea �to 'aa'�,taaa�.xi DEO, Failhare to ide ��aa the sagaag taasas f6$", a„aa`Fsa a a=-u, n f'€ *'�s"a at e -" rpairawments of�;hwptex 119' F'n�.. �a:�:. i.# � �� s .' � a a# �� a > SCIr'sk..s as aa_u „'' u'#,,`kre:,:fip e3:a er,—, ,.."t 'e rof c of'f:xer-..i?�s".sa.:faa.. .#..use eci pient s a< ,5.s,ernn�t.�,-. 'y'."sa.�.s.:�,llii„records, 0. f tfi-at are 3 "=,ka.a ar)t ot conlident 1 nd exempt&otn public `ea:ort-is disc cm txt requirements,aer not maclos e:` € S ak a as a; a Y # the a a:# the ,,a ;K„atent teLm d fo.'Ury qi, a;t,. al-dc Ea3n of the a" a'uaa aam s a ? a ,Na £ # f.a a s does o s�"'#sser, fli e recce .w tam �"���,,. s por .wnpj; ��� --'e aa,`a'at, x REGARDING THE APPLICATION OF CHAPTER FLORIDA IF SUBRECIPIENT-COIN RACTOR HAS QUESTIONS STATUTES, TO THE SUBRECIPIENT-CONTRACTOR)S, DUTY TO M PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850 U)-245-7140, via email at '," .1r.,,.`� Opportunity, or by mail at 'ru Department of Econotnic Public Records Coordinator, East Madison'Street, Caldwell Building, Tallahassee, Florida 32399-4128. 107 x f >v.�a'ffie extent a �,sr' :�r..$l e I,# q -'h.e c . y� 'a g. - �„ 5 y d 0® pax `` ai: v' a...�.,�. a# ,..4'�*v, f",a, as r s r"a»`a< Pkia`,aa..a a. 5,t.."t ash` a:..a, ¥.:a a<'.g ;'s. 's '+,;, ;v'a.t t8 sa.a.3..fllf.:"a" a;os 'a"a t.a.sa"'.ars,a a..aata.raaa:`tr,a.rs, and sulaan aaayq4 tors and.wear-,ts.fa;. ,ak',sfi,r,eam.afy,f a"ef'a,#d,and hold als.-ple � a .e asad DEO, and a spa #aY. 4 f„ayFresss from srmi.t,ay ads :� � s f� ft,r. a.,� an d o f a.saa!ka.�tf»a pul necis af.requests of 9 t re,, .+;«a',k. l ay., vio a tion(fa a aa.t.lWd to e.a'=..,. m.,aal's,,•':aed ort 'w..f;lc t, ",s..r� 1-mr-t s-y' tile subr is..pierat its &P t,: 0> �r rnplawyeesy 11"a` a3`"rss aontrector-s or : bcmiti- tlm", "f "ndlee 'af ve%r r, diat die Subredipimt doesnot CL Ia a v �fa hat fwrti o an iaaa a a da rnaa es foxim el tt#�e y '�sC s gxha � a3 a;,`a otni sio11, of the State cm,` ". EO" DEO,a..'""a' its discretion, has the night, but not aa.ue o'blignatiora, to enforce 4t PDEO docs riot s d o ct a S rdp s tko s a set—vice. y iaY at a- Cnaftwm ' a ".Sl' as aak cip a shal,11, not pu aaa ag Lssa.aa s 'e a€f inl.' aa ion #f.a a.m ar.g d lds Aign""tanera NviffifXit, ptior � ate'. teen pi-a"tCa'k a-1 frorn DE0,Inc! a`"a.ing,, but not 1,: ill to,me aa 't.h ,7p,,,erne'aa in a press r-cle-1 se 1 Packet Pg. 1752 !':� #,��sftft �)as� sM#ia��aan=°;d`a�i�'taa�t�E�����<� _�,����._� ��.�•���s�.sat��� DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t o..`10092 . ru romotional a 9 5y, idend`y"a,a DEG of the Stt� � i ref erence,efer� r r o + " a link,,­, U ayatw #aka t's narne and aaa elesitl., i } of Laft f aen't, cor thet } e d0ef. State,Uin any 0 at.taxa P-ublished, 11 ea��tv £,".a' m' taa)aa. tft ia==y aft` a1ta ate ==#C tataav daa$' 'S it" f� a a CV- , ,.# aat,.9-11 Or at ren to ��.� ��u oa,u�Z',. or subcontractors %rid` the'of"e saaarat.1 aldHs ax as 't¢aa . 'a k t .. as "kt a �, ff#' ;. ss ,7 f �.. .a'`°C: .':k.k. °a�. ka'c`;t aj> yyi 'dui �_isa:;: "t.:+'s...dd � ...d`.="w".atf..�.ti set forffi. .in Sectoa 1 .0 01 bredo e t z Mfl zm elac'1 Of thc public agen r coak d,ax-t;'r for`g`tro ces ,a1zeady Ln effe,ct as or fffe eve Date o thi �,`tgiz.,aaent and'S"a.,dhich Cofr c�-'�.w ,,or may be f`d1a'.;.c.i. 'ta..ua w -,)Ie otin part wuh#asap �I,"a ra4 ffwn:t,a, ly s isy terr)...a...at dill t^,a t,fi`;F aaa i e S,.,. t'd t_,,en thoes aot Comp � E Ua aaat as a a'"a;kcm. u U U fib.* �xe a "'' ileT u 1'y t "ta.l e I��a,iy.' 2 a 20 � 7 � Governor, � � a°'"° � aa =or,' „ a as a s a. DEC C i�#'".Uaf F,".`'a'"..�S:a;'S.� t ofa""aw ae* ralfi.% to -`I 1 4"CIjaL dse�,a ry .jpietys� #a' Utilize the US. a s of d, e f l ayr a d. ata.y&�y,�k y» a ill aae�n`� e`?a'a tloy'�r ess a and y e ,��a�bv"G.6 ie . d n the Ap,,z r ffent twn qn, d, 2. „clud n, 9-1 onaa'rra s, u offer dag 4 apte tJ.=ent the re quird.;a`tPt'nt. iaa't coti t°s�r.�.Jta#`jo, evAscon"tr2cCoAr ,co hands eand# . G ay. #awdd. pe,T,,fo qg a% .oir,p oveiingy sR"<'#`"aa es;a .$ «.f.ant tt:o,'ffiis U a d #'2a d kappa f~a � tr �a I# t 'air f"�"S".verify tla S�.a i � &a i ,bildl�� s ald new �kak o y ces hireds p the e co-t! ?3ra or saatap,ont>racto-rs coriaata.t aa":#..-; Rand .sub c a "�`i-�.c¢"i,.nts dta..a"a. z tI.3..e t > rya a�t`t�.€a#.,.=.s, dy ra`":"?fft, °ia,fi,.. U t.y',iz�ae.a.at'aa:. c'nt a',`#f lJoa,ne.^ead Sft°;"a;J1,1aot' E V.rf. a sY`s'!4;.nn ou Lhet aaa:a.,at. a. ifala a �u ,. "�t,a a€'a$ =a a#` ,a ..3" ,a + y� s sw u s # a 1 a as a k t ).br t to .tka r—rusd.se.a'1'a l in =a; y ta -#4:�.,t;`aa'D cn-tern prior to f`#ir y ar y tic, erda nloy}c e after fte cffi-,;a.,,.dare {?at,o 'aEa A,tgi=e=n#,`"aat", X The Su teci #a.cad':,a s�ft.,y. i.,i:�ort to a t wli 'a�` in uw ��� d �: ! 's.L V' 5, rt , (B t: 9' y �+' ta'.ff a�'tataa` � r€ �t �� y' � nhi< a 2 R� :a,yk.a na 01 In the y edl.eaaak Re.gister,timid a .', tdd gcrventing a'-"tftp " yd# „ H d n d d b i e ,i . d out ant,':, CD yG-131a" funds rnadr, 21,7ia.alable -aiad a' t1as Agreer1k ��. as part of f,.'"3fi ,abre-- a,xie ea Qa;.`aaaa my rogess repo tie ftb�r c a :e tt rya h twe piogparn inconae ol accordlumce a,, la 1,hCtu is Pa ybcaay)Je y '� )d �sfl�ri � ,�-IL�"k�� 00 �s C,.F � as"a i.0,.5 "�,,aa;aa 1, ,er?.,....% o �y"€::.s', " ar q � � Pro? t"aa#t—Jac a t ener e afte., closeoiat a" N,be,,ze a nne to DEO, a gl - Mgow.w€at'ta a�a y?oar to 610ara'o t Shall be netunned to DEO un ess k tc t.wog=M,aau:ome a�used T rid aat grin .ak d._. as Flu`` U) G-D + d �k7kdka'sy sataefcttata� to a a"iodiflicad efts` than y 4.,�. i Ptrid dvi,., executed wed 13--dou t76 U ad k.aad:aas ,atidi4 '« .ad' r U 2" Muio a l Objectives t AM' ictivides fundled $dtt "as`1BCCr'_ R € a of F` at'a C t 's R � t,a a".�.d ttd t`t"a"� is^� #twat �s a � at "" :' a a, � s< t.�td�aje d,%n ,�, leSc brcu a aaa c td ae �:daftd to ,i ifies ca ied out gage fta, -Agreement,��shel G7 tdaec t.-Lie fblL o,,i< nal,dotyal objectives zidg sandwl` d=a t .G�kai `�, 4 nitet,s. = E U a3 ,ad,� Benefit to.lso ilads<d:I,a`1 aJd4a"rra,.e inta#ane y;a#„:avt,=a .v gg ,c ap tad ==need x a .u' scE.".,a.,�.{.�,�t`a"`[.st. f�"! t a. ,,,:.�.%t"t` as e.a,i '' t` t, d"). CL (3 ) tt e t de; t Comm ctor. ) , % 1011-M Slt.btea'„.a sterna it a 4;�. "3"'a�„ta," ,.;`=°t.; €`. -S^"a t.,k:..,�d,. , a:. .. i rp a 4 p a x d resp f - G s 1,§'" da?us ; t to 3"8 a ?' t aadat uall it uta lers itod, *nd�a e r tS t:lae Sk bre 1 to z 5a 6t may, tk ash acting t §'k'd erfos 1 4 'f#.ta?y asr Caa,etd is"ya a, as axac0tor.. ,K t" ng t.. � �tg acin - i d dd.a as d N` `.''" y a,t.a, i;Pa--mta;aa; 2 U 15 Packet Pg. 1753 t,.t+.t.,„t'.i tt't `fw( f ..;'8 S °' a.:. u`' ',�`,Sea: ...e'. .:,r..u`- .,, 't"�o.2cm,a r.t-mm DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO . t a ervsea,.n"A the p,„yb5s'aw h SaAy-Ff#o:w e wami aw all a ,0 t i s '¢gno ex . spa # ...�n % s + '" it 7 f. 3 t t€ f� o r e s t s r �4 L�Y"#wn x" shall im-lata. s 0 .2 u F w�.€ t ,p . s �. r o, � ?sti s �,:�:,,"GM or c, a, t's. eidjaex P =i: ' expre..is oc=nlied, on behalf(")f,. c,. 3, r as w s i"w CZF,2gCnts, eit in yee s so :" t a(o, x or sMgrum;. y p t x os ce 0� � U� s as t t a w�a.� V. th , ,. sa��7 cw '.$wa __as'epea§;,Jc�� fix.was c-sr ant, nr a s n office, e ,,rR.a �d.�� u?a"tsaabn' tr.,���wr _V.0,partner o osG' Stateo aast.n`dit' 2 t'I ' tss tx t _ TIrSh., ss r s� Vs&It x C a'' Manner,�"e .sit �� �' lcf �+� o t e mrviccs Ila ws €"'.Ww«p1ent's emphrgees. Neither ffi Via..� Y �, y�# sas nor i 3 O .mac}rvassi ems. , ..-tom tw: e sv be-nefinsi, or to ; a fiF£:t .. a a.r of State U s s';,?+aatsss e{ '$: c" a reSIAIX WE per°brxrmrqg,the d ttBt rar-id Su.,�-�'s�t ,�n.s aF, this ,!;,e-ree_""o .,r,tt Is te#"ws airtew:s to take 'actions as may be necessary to sn`sw. il At each 0 be 3.5' r ✓ `eemne .f be .i.;�lldep r...�,c��,tt cant wax.i and Y 1�not be conski.1'res.,on it)i ��3.n be gin servant, 0--u-'t v"""ntarez or paxtner of ffie State a„ o, ,a Ta. Jess i . 'ictlk� tte brec ic,,adg.��ftt� ,- � � � , w C SC(){:f je oz crr DEC)'Fffilno-, CD ft=dsl " .:mites of #s,l t u+l.t ss'" office Space, 0 .&c mapphess ".€"eq.)hs ,.m. e ari e, s sl or d � 0 76 DEC),.,.€ � r trt a t � ho g taxes a 1 respect .fi 9 e p s ss ,..s 't i s thto 4 .A uta� €t " h, � vc tt A.- a vf � O fi;vk," 'v'°,cau 'M pay., ,` .a° . 0. cca e, r,„3 reek at benefits, s ss.wt.�� s r Etta , maoz"Ia rs corriverwatio ; esllhl.: r;a;; r_ sa6,111it~x nw.riefias, 0. tassisunce lot efits cmt emX 5 {axt ca is ( 7' 4 t ' is C € 4 N fi.r,r< ,c t`t}' t`e st subc r,,:''t&ctxars mid oat'ier r",ggnit's, ...c.eive bt.;w�.,,fits,, mad rxecessItT r•:t..w..,a..a:"a."".M v.,, rdth� work, c..rrittret•",„am auxii,"".wr.:.t..' n.Fy .-�ar,"a F.....:.2.:s5,-€"Y�,,,:s;„e ba a,.%fim�' fit a".a.$an '.:,...n,h E 3 'a other >;',°' the�+: ua�'..,, :.'.;k:w-„.:s: q� X i wa,ws$k €a. s du`fit t ;.^. w (11 t8 Da 0%hill not s1r v Pm t tt a- to` w.1sS a e', is tz s cemzmplayces assigns, ag tins, np w 4 n a of&A page is ' blank c C 2 CL CL Packet Pg. 1754 nnp.,Au n in, ,^11AM4 a-AQ=.. .CAV_ Om tea?%aro,^ft—aaaa^v— DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DE.0 Agreement No..1009j. State of Florida 2 Department of Economic Opportunity Federallyed Subrecipient AgreementIN WITNESS THEREOF, and in Signature Page consideration of the mutual Covenants set forth e and, in the C attachments, and exhibitsto, the Parties executedS Agreement by their duly authorized undersigned officials. O MONROE ()1:J "1` ECONOMIC DocuSigned by: " - . By [LI 1A I 411A O ature 0W6341C.. ) O RomanCD I O 0 O x Coun d in19 for Title Executivei c r Date Date 6/4/2020 Federal ----."- -6 7 .._ DLTNS# 0738767570000 a, Approved to fi)nn and legal sufficiency,subject only to fidl and proper executiona Parties. y OFFICEA. COUNSEL DEPARTMENT F C IC OPPORTUNM DocuSig ned by: ru ,�cuMt,s ,. r� � 6/4/2020 ' Approved Date:.__.�.. ry CIL CIL „. 3 17 Packet Pg. 1755 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO o.-10092 Attachment 1.Project Description "I be U .& e aat.rxie t �" a �..a"siog atst 1 r'b nv r`vell -Fro(err fl RJ allocated Ccm—xnrvanftv .c reel op,.. erlt. Block Cr K`an t Disaster Recr eq-((-'DBG-D-R,-,1 arsxa * to l ra Stezrs €.;f 1-71ori. a to be d, `;xF i:E..cd in k (B Rmcf rs`er. l vfiu aap aft r t cna-TEMA) d.r*&xred co Yn es" m a.r ted by F <.scane Inane four ar.i a � r�1rad "lam 6v � a ra add lr t r r it £ "r9 ` r rlt r ? a Code se-) .,rr.ra S.. s c.. d, \ ru ? n '�aaas filar s a;rstatt ;f. ecov < .+ 'n§.5,x. Cou rr BoU+..3 a." dtr'r my Crsta'm a ioners has ss be selected to r'��t..�.".t"ca;,,rate a a.`R`S. �,`c Voluntary 1"lob.n- � Navo.x.t("`aaa ' 1: _, ,� � >, `, lr + :r" ,r,<a.,These ffunds, wiffil be raa rr to rhol .pally!benefit low adila mod .a<ate inco.-ne per sons. ",v. a-,aY used to ac 4.re pit erUcs that a-re L, Sped.. 1.Moody hazaard A r y an � (o.-�xsideffile ti.r, cat of floode %Vvtxlt it"r.ru bf--vtra on pr ertics ablat e,o not,have c)od a ca"z%,Uxccl U r t. , rla fianding proiects Ifiat are also e e fik:%rffie azatd 24fitigntdon sr €# �.ACTII a € .z fib, Fedu,,mil gorverrtment. ,s xe 9,ect rail pld is to*tn'ad.3t dall.s.c`afa+with DEO to sic a,F.'re ccindg ou parc el of rop r d s r d t'r'.rr = atears ra` at meet ails& and mr? r..a e t'i i ome area re q rn?rxrbr,w.,d1or assist Ryw-end, 0 2 N X J 2. Subrecipient Responsibilities A. MB&DRAroluntary HomeStqowt Police d Pfucedums as r iletne ��� � four rd - o afs r vrt«t ' ref Co ,ntv, rnrnis�,slon rs rss� n u t a' s v dd`ua s.f<. r<€�'�r� "urdrrr r'a��,v.;fir 7s�Sa,eaadw �:`rn,t:aa°l. rcrrrt'r ea necessaryto r obfliz" v "d,launch its prod c on implemm , -do sr tr s to upl,)or-ta thic U D rog,=�ts rt ec a to er a eopl , c 0 S� t' and cc d.dtnes ae crav fer b t-omti mm,..te a teed a aarY'l Age e ,<e to Hurricane ane lu�rna as f ca wsd y % °a DE vr (� Cm..r."r.€ �. andand�7..ra,..1r`r.:l.=:.'a.. i,wd 'rb"�`€:u..'� 5 cap,, of�«��.2.�,r°'<r ,a."..-w a.r".n+.'e ^adi..r`on;,•a iaE..,:r.n.:s,.a,d;jg la...s".'.�."wa.�,`"f:e is .. rye"' aray Board o count"',r co ras on&A" D a aerta �n yarf ,. � r- 2 r.7o-V 'r'es+ ...d ;,:'t0r.',•s r'.:iht`�'s.1a�..r„ mr�.s„�°Nr.r:"tt:s firma nor 'c �.....st F. Z�:»ted w �, T �e -„..,contractors,x. � � r�"rr o- r#.'a :r .*r�t8.r ,rr irt:a d.�e,<aaar.::'. ,..ai.s - . CL . tom"drops of va o and pk" r°'ti Sr"t.rnexit p ,ta For all cd.Maas teel,vt t � a f:a rt and t"on'truaora, CL 2.< d rrelop ga-1cl,w mit,a c ep'l of dhe ftxavitsg Policies si=","r,.r Rr""oced,a e s to 1lic,DEO A re r en r tiger vv t t�5 days o e u t t xeot t"lrtn w U y 1 Packet Pg. 1756 .''Iu"a , kra=- N,'Iw-Mm'Aa lyd ,fls�?�„k=.2"k {-"3 ._v4 �' ;u AA DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e t via BOX0692. a13 cedures Ateat inoorpicurzte 2 0 1R,.Part 2 td 3,I'°, y..4,. � sr fica h!r eke ag,am"r.in 'ohcj&-,a"`a 1,, kch in� ,.�#-, lq f� a 9x1 �t°'et��l u k,a Mass i'sCd poxeMes diaa. Rt sk_ unu-k:aar r includle. baWnut dr-xIYRB s plicat#:.«__process,qTE .s0 4,';$` tc lia,cv)j-n.)'dW,-_xe rea, uncra%andrepori P, r- n aRsAn and arcedluxs.»s to dArco and pvent M�t"t�"sFt,' ,s,.e cR,nd.zbXae t aZt rseYc,n `se 11,ow he s l na'edpW t&I s°a.f:� �e�aa $ k�.?n�" � �����a�:'f a t�fa��tss.,a � nt Ra � U b,ad s iren s a be .s,nin:)rkt and jyrroc .�4"u aP a s.-re as n -,,sta a es of—'an i, 'astat,ste and r?.lna= w HUD OIG IONM!Ioffine tprione. subs{y. 3 _u3 a - (J Policies an s�act;:duxe.« uos Lae st.c eras a fd= 2 Cali 200 WRowmin Adtuix,:dstraitive � ass sglA=,.? „., I.,os ��as =C;aa.,es, m ut it tram as"s ��a3 forr sa end Award. 1 ask % and sS,alanu'-�S_.ster'a?a,system of reconrl ond-pro du":;t..on and prints �..'U n..��a�'C:��t"�. �.rgpo:"€:easy ;aqWxu;idi 5 ass, sss o ag-repusa�Ci'�st e e,-:.udotai. 2 4. C t.."a' pRe and,„a.3bs;:8,:alt a „s'0fa'<a`,'#.Det Budget,ac�a.�ik�.w.�..,���`i:eis i,'�B) for ar„ n 1wal by DEO no latex ttk days zufts's k.ax e.stiva#il.rd_""✓n.Of''the,;;$T wt,.caPs`.s�,t r`'?�'�,rern.v'. J a 6. Nefiu`aa'.a:'a ri,capnized.s�R��'�t.�ent eera at es and a accessible, tcc Du,O or its representatives upon requesc, M y CornpI3, xv adac umma and aconW ons of tg se sxsbre !vaxstt agemmn sTtslotay Hune QDut 'Prfs' uEgx ,At �la ,� � s �= ens n e�eim,State s s Local . h ayss, Ln Sh Update 0 poEcics rLn»....ptocli.asl,�`�°es as needed and u:p,,`r'o Y..=O `'ta' e-s-- 2 10, � pp s,, Complete 2.✓ ,st.s.�`�,s'"s,T b.w,ru` ut da:.s ;: s.4"w5.a.: .,t",@.uul jVaY,t`'a.cs m,zal,ogy...na.r..ss'„`:: ....oa:3�s. ...k.,t`t,`1.c and d:as`.ea;.t Lu ss:t,%i and p€ sgect no uct.as,,,a sa"�t :.a :��' CL na.,, sdP,:;t,.ti.s....n ofV ena,..tm.:'s a4f., 'fie c�a.3ic� . at,,ri 'or.,3t"i�` a a `ts' a am s a a` ss,` Yu• r 4:, °a;:._ . ., .`,`fa fs"�s"__ aC�i i CL ajp an inat'ske and s 'a'asa oji`�'ds`.atns,f Ssbnnp]"la.ce, fkru=C.e s�'�",d g„sb xun�,� mmtfi:3nv CO `- S#,,.bcdon of x, t'a d/or si.ff�.har,-%vdl b responsible. for a,".`Y.�"a.amaa,R,n""s�a c, Selec6on of veff6am, sxn'.k'-ta.:. ipie a" ,arld/or WE"-., ,ea'. �..,r�s be esjsa,-Ar',sfbIc far inv.-,at�"i:, g � land and Stnzcuu�,,,e Buyrfaut'; 19 Packet Pg. 1757 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO . t Nw '10092 CL S kat'..t aot!'.a# v4u n&tea, v a am?,an,l+'m*.i,, .. wall a;#,st,%ff t.,,Ielt.+ p� ae a spc,a'd,s':1bsat' z as,3 r ,s � U FIrm f"a nna=aa l Av eaav tide ssat. °aahud,u,,and leggy N u A4rct or#:,��" #bed fedemad undnnivri,, stanch.d, S b;re ilhta is must a'.`$.E b aS ,under"inag 4:, a aaaa a. a..4t"a 9 ua a w, auka ,.a ,aa:t n asfrrandat24CFRL570,209.% t8 n Y"t hb4 ,sw f .au.at be dery on u ..:a'd to be reas u=al n Adl other saumes of Mancing nmw be � .'- -ot,o-f enavise a ;$a 4he 11,)pIlrumidt.'Project cc.sts must be xa ^ of a`s#,td.n:.;nav !ati n must be sut-J fici t Eo ° to`*a e t1ait CDBG Leag"$"sx Vital aJ � a'a a Y u�C.n � aaal &Taua"la..3.21 f.�.'aza„aa"a''ti o.-�°'sue.ppfi'#r',`.. U U U IaaGka;de the Maturing sMtemi # t azal 211-,-aagtarn Materials"aaaa aa' a—Heaft sns luay person U 'MA-1 'a "'' �?aa kes a a�e fi��a#"aa.aa or taa` at£.n ,.aa IU �t ulv, e sul ,ect a,�'`��`7 a a�fL aC.aa ua undler 18 U&C 287, 1001 and a ' a ak U U 13.. Er..#u ure all,projects seckhN,,;ak.ku'2 nua e ut.xfeum `4`:3e Ciaxrcrxt CDB "R hands ac"#r �S. v t aa.saa.e a,U.�aa�.fr,, mid Gann ffit'C,rc a`a'Jnds rt ixeca e fay ml c-4IwItrnkrna6AedIb DEO,rawati.a,f,v-:. the teq,,:e n,,, ron Lie;}tn?l#a aegg—a,t3ce ra aaa DR,O `tio at, the 8xiia" fi e atf.bei able to ng U 14. Ebrahnte eacli,E a.t $ na shlicaadaa u.�d.a.d �'kt",�"a�"�"d n % #��a,:Vphic�sfion P I(�a`fft�'��is onnd 4?�G..clit Ga zany .i�snt 0. *a..#..w,tant that wa:+anl a"c3aas`t,k.,..late su€»,h ata an.a.ul»dat.r.Ja,.."ton, N 15, � a`'c. aaaa..a a,a f a sx =aaYt:„dta a aatat: a .`.I,e as d1 aS« u:a3F a, a Ge a.ctua,_.cG:asa" {wojecte', cost by the 10 Fad oft.e follc=G mGrub.,. x 16. D relo imd as a nh "#dYc'ath, k .*..a.. - tailed ifinne a Consitaten's v`ut4h-dh m0s A:*`#nes audived In the Via, proga A:a4a g i-aa. "es and repont actual p qXess alyd.dsti. "St"e U U 17. Deielop and s abr 1 both,as monthly and a aSrt a.y report,a(a DE,0byta&a 100.'day of the U aF w"`a`G i ?,d" d;�`ra_'tt a or quarter,er,,that+a' uthinu".w: dat"swop ss nude j-date,the au#u+stec e cacti—i sides,to be conarAcmd in the aa.a o zing aaao=af or adax'aa'aa and any W, or a,'k°ka,aek..d tifi.'.4dor the avte,, ia,.traonsa.. te the aplmmemUto==costs to; N daaa#d:a # f rfw#jaurcti`".a sa 4,a'a�tit„a an +.a ot�a 1,'�'.a �crr aaa'k�-5.a,.., ) ate" G, ",u"�a.ines i dts4ecess u d is 18, bLa:. oF aa sam. � and FEDALA befbrc conveying, avaaas zvd, � a C s 2 tau �rOV I snoT e of Ja nd use hm.accordance th, 5 a d, cition,prior t°i-S c1losiC,?°u > 2tsdu El force ce the pm a':hod use aacc a`ing r(s B 1+ fi t Q, 5863 ayla t' fbr is use a,.j siti'a' CIL L a#`ah"ask a a Ae"roast r cqm space,recr :aticmaa.,k cc fb#`.aF� ai,a.aa and%re,%nd CIL Z Aprreow the Gu.aaa"aeyi ro of #i ope si t,aYaad n' e anoper use of Land. 20 Packet Pg. 1758 1"'Via YM,nn i a°Aal:.a".it�S'^ci: ..AAA,, AA,&M M,rAM.: DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e . t o.: 10092 R U fl?'. "., .,°,-,.'" r.�,F'S r1pprW,,.¢CI, �?. 1,�.',t.J; fi a�.a.t�',s .,that .yisk.,.:�.. ems•.. �' .`.sx 9�..s �`.x,.sr,,. 2-4- C„i,"iaa?,t. as fs r;',flex,. si aaa»f,,,,Fiaaxspa°ato-,k� aO e"rFsi'SCs.a il£LIIri,xACC rC.; . h <,"°10fi;Y.i.edpient S1101 ad e!"'e #o h 1 hl c In dead' as the p?s;�e;: , Ifthe E ur-La�,i..,' -to meet a dead Y ;e,aria° snub cis Beau sh 11 rrgL:a, C an s," Gensifaaa WE Such(,.e,rtd"."IC°, ;� .; D,"m fi ' ,., a+`T aivx a 7° s" t d ' t,`,.�.e. e ss ,* € ' '`1, .> .,�, ..°.. d"7"t ..Slit � t ); SiS..3 � ) , ft,d the n,�eadfi e, �' aa" "t s � x€,�,,:,.�,ot i°xe ,x„°�s„..#.aa.�+.e ss „:..„de o„` he ,e...it'., Sri itrsa,'.+ � T ��xce �' 1 '� � rx'+� `� � a s:af s A fi t foss...,eaF fi r ch�� �. ..sn ,,,s d in � aaa co.E`_datx.=.xa.fo ,.[ .`ectima,oCn C`"a.x,x a: °:=•aan«o "s :*"e-emr nt. R t C�e adl"�saP„"� P„ 0 Prep rm,Des�j?- U cdin Section 2, a :, 9 1,5 C(..ian s1a,°t,..k sa of ': ,as s ai. u lash"ncur wndncen,tikres, as cwt.trxed in Section.2,°C., / 5 '021 0 0 B. • ergble 1: Program Designl a `on N W `s . ,vats dl 1. ,a e id r ' 4 CB ;apil a fixg N'a st is.l ±i& ad:x� ovxashC ahYa p r«e_ taaF • na"i.i"xi.�l�e p as ion�"�a.aa�.eia:;a, • Phone cabs and./Or" # Pexs n meetings"°iri s sprplicants � • t vvicxv and ax.,,s t-ph'ze sob'?$.dft-wd o fi4.. 11,,,r-i',ass'sa:2.:"'_ Task 2. Pe-forrn Vn4141 `�z ,,�.,'u��. s d a"n's"l ,ais ,wkuch sho,1 kaa.d[,,i rde flac i`c,;U "' in.,p�cotnr,,mrf.'°?a.w U7 r a . ex.a', ;.-x fa,sus�� iCaaa'aaa;ka af.«aatorizwdos:Fv U Income 'Certificadons, yzis CL a' • iir�w'a'.,�Y9,ir °,atsl ::n sasxT,°,-_:ails„.s�.vti.+r t��rael' ended a�a l-��, se 21 Packet Pg. 1759 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO o.:1.0092 U • �.n,."4a"kF'rY u3d�"G'fi. s.d'..&.Lh k �'%as.'+-i��L:.��i`aa--W..��sr.�(Rw n`:4:i`.�rt • Issi ,g._an t n v ran'ao n ��s,b n,av�n'sss`h cat t8 Task on, le'rc Ens Re"m�``n"s"!n"«:'l.'s1;,€n,oP"ss` ��'��,�'�i�;a� '�Et,"�,�i ���f,#.�,�..�"'�.�..:,�.�.�.:tM*s}.sr,��"�.=.f.��&�r�+"�. C MPn�a`e • An_s.a: 'a 'p":,aCa t h o u s, to detex rz+i.r't e pgo LJ-H, Inspection,of PIM"'DICV37, • th P sea I t ...? • s snn;nrdt to tier 2 a`ievnew U 0 11'au ..6: P..".." 4:nr n F? of n d om and§'easi1xil iq asses stnents, A7-ic z sdia�.�� f..111-ide • Rae tie sa ern n n , :vd =o- rn 's +nn Office (SHP r .ll—ThI, La � 0 • Revise cop farm asbestos IT, .�� nn�UEn bn°nnt 4€ f a re-view&L ' Mu<n=spe skz=n r 4 o s Task , Corxopl t {.fie na,cessawy T'{„C"curem§nnt r-=dlo3li "n actfiri'ia1 s'' "fPdr-ln h include flat W • r astat rnni n'nt sad %Y n n f`br ansn`nnnmactot is id X • Pre,,p an.n and aa.a,wYn.°a"'nY.sn.c PrC L,,).remer,,,t d1c-x"n rat S::ttss � • a'S ern and respond s iron � ' io�a"'�tt."tirenn erit # `u "*taio is t8 • �F"'S`r,,i se" ann n�,o�^w�1.`nn.nn.n"as tf nffi pit"asan,"°' • CondLi.ct deb,%vfnn.:"n",:n %"c,ha'.:�,l and contractor tcei sM3_s , U7 • l ew and n. omlif� age, 'fi<ent ann?kw`�1W&sd i Ei-xian`nts U 0 C. N Deliverable Homeowner Buyout and Incentives Ask 1 CC`rzi e dric lilo `n n'w near Buyout and luccntive Program activide' nvixid>? shall U'�Au,h.-"na:a � • Lei er ices • Connehici:Tide and Retl se t'.' els • Unif6rm Relocanon Ac".,, (U .t.<n G,orrq'slLamce, uv'4'n r x pli .tble, • tenon a'e dosing clo as anc,,,n s U r) Packet Pg. 1760 v h a a xrF I M A— MLOM 7�, ,�a,s astm,gyros & -- - DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No.:10092 D. Deliverable III: Demolition and Closeout ru .2 • Cci zaa r robtt s0p re"$i'4jiis • C O:'I.1"V Ctb End'�xra" r'ou t8 sk - ' s plete ,r_ t e �. new ems: lf,weout P adc-si s sli,�icYfdli4 de d-, f t o y e c� xl5��a�,�rents COMnllete U —Remainder f this pW is intendonaffy 0 w 0 0 2 N w c Ln C 2 CL CL LLJ 3 Packet Pg. 1761 €4, A£"'.nw�,-$I.5M4 ..SAC ,vim:.€ f,a. DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No..10092 3. DELIVERABLES: .ru2 0 The Suu c ipient ogees: to providethe follka-wing servicesas s e a � Minimum 1 o Service Deliverable I ( submit t request r Payment) Financial Consequences E Project Design n o_ TIwi � � j u re ipien,shy compl a all t2sk per housing `nit as deniffed in rCSUlt"in non7,ayracnt toy t�s � eh f deliver deliverabIc insk is derailt-,,il in, Attaclunent A,Seclaon 2,R, deliverable fisr each payment tacks-%wiffi supporting documetwidon (such as Attaclunent A, Section 2,R Abave evidenced bxy iwvoirxo(s) notiag,completed request. does,not nicer the minimimi level ose-mice ru I p > Deliverable 11 Minimum Level of Service Financial ,,to submitfor re t payment) N Homemyner Bwzyout and -nh brerip)eat shall b upon 1"adure t.i e Incu enfivr completion of a minitrattra of Gee project n3hiian,=level�� serrice shall � Subreripient sh&U cornplate 211 de1hr m.,W fatsk as dewed in,Attei chinent 0., � tosuh,in 11onpayment ftw dd Eligible dehvend,.Ac rase as d tal, Secdon 2. Q vi eru d Ya oi g� (S) � ting deliverabler each payinent Attazliment A,Section 2, C, completed tucks ,cTit a supporting, request. ccnitractors,etc) as vippiLable upon the above docuementaticin(such as p2yrolk invoices fiom app o from DRO and rJong with the 2 suu, to dssio a off:b u 'u 2 triontIslyd qtiarterly � report `fig the w completed iu°u znonrMy and quarterly report-i alone does not meet the ans"flituuu rri,levcI o-f qelvice requdred L � Deliverable III Minimum 1 of ServiceFinancial onse uences m (Io submit for request for payment) 0 e o `tion-andC6out' 'ua S-tibredipient shall be re uuu se 1,�pon i Faffurcto Perfio-ain the Subrecipient shy complete an. -,empl ion,,of u n i„u. u of oneproject ° -UM,level, of ScIviceby *'Isle ver - Fs detFiled in, deliverable task as detailed Avaac-hinent A, restAt fil nonpaTy:ien `'n Attachment ,Section,2,D. Section 2.D:ewidwced by n oic ] cling delivetable fir ch 132.-Inffu aboveted tasks, i supporting uu docurnentation(such ups Payridl iro,o ces frorn contra w , c u pp r, ble upon the r ry l' `k DEO and along with the � _ _.. _...... _ . _. _ Packet Pg. 1762 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t o.:10092 n port d ?. the vj`aOl sk #..""`fit„�` : �c�`I`�,�.�I.�.t�Y,? w::#kE4 „Y S1-; CC.`€":?>w, k�"""Pd ne r €sa-xeo 1ne In small be (.upon € evidenced, 'a �`(:s.' ,—in—al im s ex"soma o it"l e,oaf:},' E n'te,=the a �x have been��nn—J;' " �n�nd e by the I:onstr"acumt,certified s'1,KX,flie h ous=1 tU Specis st C,}.. ndtafll inspector r f6r tkie r1!vF4k':a"n TOTALAWARD ,.._ $1 nsi i ' 'es: 0 DEO w.11'a1 ed,„e ee and rrrvieur the Delwr U 1"es on :" 'of r- --.1111c Slabredipient's aU,Vt�" , n.�';ytl'kices i cc .d;�`.;fare Nwi h the Aron i �ln'oce "...T �y =,�i 1i w .+''.�. �.�. as 7 r� s t $fir, .. ?n€ t m ,., Y x cap-lent 1 � ;_ a�n ' ,..! �, r coxidiJ:a, _ issAii7etIrnem, t8 EO 2 €o"ls.a Y,I.1l E P-�.!C'x C}aC�Er,,ce na)-e .n;1 n n 3 a =" < 'a a r€. a , i € ionsid Ile f or cS n ,nhr;s w N k E,-xluns so ny,Hor t B iy u$Progg i:n3 a uide,111in a an-d De si s' ;Y'crier na 3 rma,aka<, .f.c' on, `.61','r, tU €',' n a hr s of ,al.€cie* x1ndWombdi-i;,fi,s Bch tkke S#,nss., „�n.ien;t. g ? ., . nient that . .`�� .. otne - er IMP? ca'ria U 4 Aixnx s4Y7e t a,5lafi£� d n process,a ;,)a n 'sue .n€r a�ys�`ks�ts,co fi2Y �n e n'�€sn� °. " r: 1n fii pra f n( d b d sG`'#-tbr,ci . :. 5 Rn." e tailed budget'and n1.,.feaslns.e,aYtuar nI ''t';"e'coking!prm e r d>e ccr.')t on a n=,x r b &i& N t _r & Grin;preag�:ess n°#`1acle, to n"at ,he p.,tojected,wctiv�des to be n,ornt,An'#odfi.n 1f# Iapcsdsftt g'a4.ts„C.tllh; t- 'Lane rmic,a issues 9 s n'dl nnl �e 6r,do „Se �'r-I a t1n �;t�fi je rsst x f the a a.# e F+ r- 2 CL CL tU 25 U Packet Pg. 1763 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 4_ __. D.1.e Pk � ( 3 I 3 F 1 I .2 ZI r I E 1 c I I 1 I 1 r N w � d U I _ ...... u z cn v 1 U ai i 9 U_ CIL CIL �._. . u ° y L �n � •C H � iw •� .� c ... Uj L �c , , ' Packet Pg. 1764 DocuSign Envelope ID: FFDED2C2-90D6-43F5 84F6-0044DC6D3B76 O; r_ i i ........ i I I awes - _ U L c CO 21 i o r.. J Lu fr Packet Pg. 1765 ........... DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 I 2 .2 44 .............. ""I W ,x4 E �i'i 3, it, A4 J, 00 �Zl z A, EL cn 4t, V Q-, J4 U) .2 R fr-q i", m fl IQ Jiat F E 16 ............... CL P111" CL I S, ......T---7 E 'o 91 .............. Packet Pg. 1766 W%- Af"*An4 Ai ,CM9 ICAO:--a 01-1wwwvwww w--1 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e PEO t .:I Attachment D — Program and Special Conditions .2 0 Programon ` ' s l A The Subrccipient shall demo ntrat that progress is being inadecomj,,4rtingr prstjectgctivitieS in a firnely fashion p-tim a t to the activitywork plan.If the tilttrtl ,itttt does not comply Fitt the act ty ter pl. t,' aschedul , tttttllc .t on lttt the delay and a phis.. fist tlstt lye accomplishnient slt&u be submitte'd to DEO � &1&i 21 caicndar dAys of receiving l E ' tequest for ji,astification for the tt y. y project t:tt which t e Subre ipit t has trot completed the acdvities ft tl in the Acdviry Work Phut ttt be rescinded artless EO agrees that the Subrecipient has pra tiled adec ate justificationl'1)r the delay. a � 2. The Subtccipient shall t lt:t t tord expenditure of fiinds &om aU sources drat will alkooacculite, and ready comparison between.the t tt.tlltu g d the luu l t/apt It it erns� s t°lei edin the Project ,et and Activity Work I-Ilan. 3 r t l l ttt shall request E 1's appraval 1"ttt-0,professionpl services contractsand/or agree ,t ttt that%ice be reirnbursed vvithL)BG-DR &. Copies of theollm g ptot tart tit docanxernu must b provided to DEO for review- . When publication of a Request tat l )posal (?LFP,) is used as a rneans of solicitation, copy of the adveiftsernent,inclu tt y art affidavit o t:, tl t b DEO will enlist approve the prs:xurernent or notify, the Subredpient diet the pt ccurem nt cannot be approved because it: violates State, Federal at local dt t u ernent 0. ltl l� �a ky� tt tt�t�i�tit Alt ll. 0. n til`y=1 )wrifinguo later t , ll calendar claysorn the effective ttvt date of this agr ,, tit i it u W not be lair trivia, any professional senices or if it Nvijl be using ton-C dB - tR, ffinds tD stay for b . Plior to the obfigdon or cLabursement of an), is t ,except for administrative xP tt and not to cxcced 00 ,die Subrecipient thtdl complete the t it � a S tt lilt DEO's approval the documentation required in p?,ragraph d above for atry pmytstion l CM—ices cant ac '11he SLfbrecipient ,rocc 1s at its o%%,n task if trios. than a dic specified arnount is t :t .d before DEO approves the procurement, If DEO doc s not prui , the procurement of a rofit a i l seamces contract,the local gowunmentmM,not be able to use MG-DR funds for thukt tttizat sty° a ill. . ;tsttqtlyA with 2.4 .:RL part 58 and the regulations implementinf,, the National Envitonrncntal Policy ru Art,dll CYAL ld 0-1 oll. . it the Subredpient ltat completed the tt r Mental review proc ss, it shall submit a Request fcjt Release of 1,unds end Cerdfication. `E -x,lll issue an Aludiotltyr to Usev, rAnt Funds (fban , UD-711 .16)when this condition has been l`M]led to the satisfaction of D O. If DEO has not issued an Authority to use Grant Funds within 15 dayst,bre ipl ttti' submission required c tati ,, D 1 .shall provide the Subrecipient a writtez m update regarding the straits of the review process. SUBRECIPTENT SHALL NOT GIN c yNSTRUMON BEFORE DEO M S ISSUED T "'AUTI-101UTY TO USE GRANT > KINDS!' LU CL 5. 'I'fie ilubre pi t ;tics to cotnl l .N th the l nifo t t Relocation A tit it.e and c"sul."l t;y t ty, cq ` Mi tt CL Policies Act of 1970, as s ailed .&C §§ d lll~ 6 t heir ,° a t t, the "l..tl ''), imploementing regulations at 24 CRK part 4,21,49 C.RR tart 24 and 241 CRI l§,5 ll. 06(1( t the requirements of 2 a § 42.325 ® 42.350 goveinLrig the Residential Anti &-sill cern° t ink Relocation Assistance 13kn u.n der .; 29 Packet Pg. 1767 =...I---M., Affl 5ftA 4 A Aa:- 4.v'"fIX --'FPo dv u°'a�ax+`y e.m� skY"e e•••.m DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO o.:10092. section 1 4 d.) o t n+g � ,ao�a,«.s.aa' and '�o ".`'-.��.�:s.aw�.s...,,.�,s,#1 ,�..+� "6r'�s �.:+�:�'m�,�""s�Art of-97 f,'"��,e'� 'i...a.,w."C,, � 5. 4'' �r� ;.� ,{;,�t' '��;;. U U7 & if the+a�3. �..�"`3"�""�^:� s,s, �.�.5, a,�,.�.."€'.£��..�a-rey.actimury,subject'o the IKA,the Sw.nbr x—Ji°ien€.sh 5s.9:s€...ux.,,u�-m��`nt 4"ompl k. n, a';sa; tmaa't as :q..isiti ,t- by a...,a„aa, as t ¥ 11 d fi`:.u-ns,&.,ntatici ray quirr,.-d ff 3 desk "�:�3��.�. .s.�..a"�""� f the cq"€ os,'s',.y t8 ab..#,'saa:,,in , ,.,�t ,.... � yr .,- i a.,. t I '�, v�, I � �',�to notice�, "�",$.,a�$.;.�.s.� ve,u,w.,t:..�..., c.a,� ..�.% �,�. ,.�, a�,. t �.��..�:�,"�,".�, �+.5'. a,,.fi'"�s..€:'.��,�+,.�.�.:ll`'3.L"�,� i�,�..'S,i �.fi,.� accompany �'.` kpr.Ls. aaa.y all °aaa';a"alsa.aaua a`bs:sat,., w.o theowner, c'.c = "" €, .. :: .,.,.€'. ,c" aa.aa,"aa" asa.aa°a a'.,M✓"x....n, :",'of ts.aieicm€. costs, °"O cor a.aketaa";ag d1he acquisition a,a;.la.,,'a'ing+`aaa,..a�a.o t: E v,.a.ta.td< „+a ae-ws,aa'„s€`:ser s.a,:.a f.«c Asa,..a.c.a.aan as ty as r5. `meded5,,,., '> 1. S"3. cipiwnt shanpro-vite 'rel acaa,tion asw':'x,a?aaa:e to aaeplu ed persons aava clefincd by 41 5 taa.60 ( )v `daa thaar, are disp:aced as as direct u r suk o sa a�-gat b���v rehab xtitorn, tea a`taa"3 ».s or a.,c,nv`a ,aa.ba"a r' v....e_.":..f..caticirn ,.qY,1 'dx,.a€g Dehum—ent aspen it,.Ar. aa;#;d. 0,eet,, sueae v t lVi aatarP €s £ a ea 0 ra aaa.actat ns)j; Section 3 Psirda.iriaa"tion 'm,ep v I"- use G i t,.acao o; Certification ttgardin tb t"t`nient, � 0 Suspension, ineflIgIbIlity andVoluntary Exclusion (Subcontractor),) tip applicable); and Section a.n n � Participation Report(Construction Subcontractor', 'If applicable), c 0 76 S. In°;adchtdon,each �' <,a wa.��a� � to €:,� 4� � � ��� new or rep an uat .. ra;.anst r,.i,ction'a of wesid-lia'adaa n"ffa.ao-a:ng,as define a the -ooa- Ana ssofi,cc l'ata.�-":tse dhe Federal teepi"sites w z`aas.siaa`a e 81,Nu or 224 on Mondb ,<;` (,',7v;'"a:,vv€, 3`aa 21, 01& 9n For aac sec est fiax a —and , that as s.la ck e.i°4AAlbaznerrmeia #,.a a°,onst ction cosaay I-.:. ' ubrecitn ra'" X shaaa rvoviid';' "aa, a,.orvy of -,.s.iau as aaezicaaaa ttasit to of (AU) fo= G702, cadon end er-da t aaon for aaaqytacrnta :ir as coa arable form apfrroved by DEO, w ed a6' a a contractc,',w a':$d inspection engin aya`t a:.a 2. t-.gpy o form G703, Cont` cat-v,'>,a ,a et,' or 0 ,aS a arable a,^,.*t.,."a 'aa�� v"aa�aaa. I y EO. For each- RFF that inrI as ks ti ons to ci on costs,th-e Sutra,a,..s xac:.na shall pl`fi,.vid"II"9,coicyr of fore—0 - � v�wx-4 s�.�s "mac as �a"a.ataaasaasaw t�:3t;�`�a .p�"a4��ws"".a sst` a ,n''ma0a s�a� tl,.st�a� a. a a;sn.afd by- sa a.,aasa`aaat'c.ar and tsse local. U a aaa aas v I as ousingg Ns av,'arl.,,,. �... d.- a,, cop f 60 a �wt v � 5a';aa &.as,aaa as approved '�" w DE ,of trap aZ zue, U . o w t 3t r ` `W a to X, a t. � i aL` 10. .�:.a.;o,t aa'sa.a;,'s1 a,.a,a.;i`7�aa�a':..a.;,"a*a",:.?.aaaa a:..Aa.: „s'. s.,. "v<,a,a'-�',;a,s.ei�a.:.,'�a;uS':a &i;'; ,"aia..sa;. a.as ,'.�a.a.,a „� v ,�". a»a�a�..€ '�.a;,.-s.�B�s.`"s,�s a:;t`v,ka, ti �:ba.. t:.,€..ae HovoiB.a a€,at.Ps.azaa,rant`a is mas.be"ear it"to,,&m,a, .t,.: y aa, NNuke to Pfataceet,t t8 'N. .t,ssa&:.contractor's p+e. aaa..ace bond (100 4a..-a�€,.a,"nt...of i:],he a.,€.aa.,im€,aawa+.pric l;'a'a.+.n c. ,a ;e contractor's aae,vor'sa peat l a`sat bond(10„a FR,v::,;; of the conatraact pzii C a� The, 'aa. re i a.aat ashaU a.aa�d-e,.a'"franaie a ra. «„at"a"a.t' fi:,sx.--1. a.s,aute ro€ ra,Birtna€�'aaaa,',..' sa,.,mt-.B,t I!iLr hotia..sik '.€ 2 u t s a a.a�; :tnt to > 24'tea. ., s 5 t 7 rya)t aN CL a ,, Tlhe a..D $. R portion of tts a.cost WE post ack a Est aa.t a ,.ao.8"a Ow'at audits.i . CL 13, 'fhe SWfareunpient shill evistwe di at.a deed as restaa,a"a.sa:sbt is tI.Morded on t i'res propertycw aaa€al�'4'a ex a.,t ng . aaamas`.. t:.ase'",t'aa.+s a cqp e.0 A �s�tm.:.a.-,a..,s'ai+ a `4� a.er t v ^^" .s a s.a ,,, f' that' v„ s...,. xi.ar.aa"a.,a. a€€ .dt„€�a<,aaaS, ,�as"sasa.5a� ..aatia fi.aE,&�.` aas ra.a.s. aa3�'as�a,=,6` a .. ,< Stated_4 .o vas a,.. " :'a°vv., €.a.:a" r, t aaas ',a"tsvaa.: a ova re,a..ar,.. `aw.a"k .a:a's..a.at aa. .t„.; :',",raa~,.a,tte`': 'c."a"a;'i"au'ta tsaa't. a.ta. 'n '"a,"aAaa,a a",a''asva� ;v.`€.a a€:. -aa'„" aaawat,:.aa':: „' as.a«` Subreci.,vient, Such dred fen x aso is ..€,be wade a zrt of tea' u usl rcocAaa ,tea zeta n d .a of t..ou.-C of 3 Packet Pg. 1768 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 DFIO D.1.e t .: county in � I. 3:� �'f'.de " �.� s..�rfp,,-.t�` is loc'na`�.'",d, ,�tv' `� �,:E. E..e fit", t s�.�C,"�..h�!.,�.t:.:s#.n offfia�" �'�,�RI r4`§y.�w,.s..'., ���..&1[ i. e :n t8 a Aa m U u a;tea.=.a. ,si. '� `t-; ,.`' .".,r,. 'tu .�,.�,.,,05� t�..�'�`��' �..Y.+= #..- .�a.S,�,�, v.,Tt ;,,. O Y-q:r�, ��"�"�'k-.:k�'""�vtt �a�.�..5, �.��,. ��. �..r.�,.".�:= ''� to 0 1.4. ' fia' i":',..s": `'''..:;$„'i..�.tti. S11223? C0M " q'' "'i n.! f:;* nlis. cw ���.�'.2s,.-....�-vat."�`n v"; �,hF.,4.�.�'a..1,��4k:.,. „s o'E t"',(..; s.°'���..,,�.t"�`:t9'it r.1 �`v�....�'&"`'`£,7;: -re-s r aa,aa .c Act o �. 6,as axne»a"t,d .,> he r£3cec'.1}�tes ve''�fDrt��in 36(C"FF 'L mkic f8100,�a n"�I t'he'"`eq:et off, t8 „ ac a"a.i. a-,aas Stand? s �rx:k' �3 � „�a5. codified ' � �,., ? � ,i� Y cs� ; � '� �� �. "� .�Y �. �, ,+a:a ,�.a=� Fx,;a��.. � .�a' a. saF"�aaaa,sa,�9":aaa Hist Buildings, .5x �ursu t to"".s"fwn;?�:.t.,.c..n ti�.� � �a :a ,� .saa'�vz 1 4.-``.1,"`23 av,ro 9 �R�„ra..:,,F�'�-�'ra-.'?,i'r=a�,.,s �.Y,.,an.�„e ar,oaf as ".:b+i'a�'and"�4""'ia.9�$Y'',:�:-,�. '> Foram HUD 2880 i:Ca. l„„ :)-tit ia,f a;.za ()) ca"alerkT aa? filar of th �5,� ,n,ecip;,�.`�'� a 1, '1,0 = 4� .� �c. a �a 3'.j� C srt,..aaadon as"h.fx,-il vot:iu7d,Y„ev.,"n. "ha.r upaimiiety be p-,"q,,d ire4 7,he ,fisdose, aa, All developers, woais;,. n:,<um, cons ss:a`is z,£aa cngi een iix.,-,volv;ed in the appEcabion, €a +ia the s"a a anti or"', ern-en on Of file project or C, ��' ..R ''i:jn5L:.[ activity;uai � b. Any, {:S or er sa,v�t ffiat has, a ,niter st in dhw rc,'J cT ot, Ili . la t, 1 ;Tait exceeds r 10 0 16, HF requ.Jzed,v Asa i ecipaa nt shs,I sulnnit a fillzal i"'min F 11.1— 2880,to DEO wi, i e F..M � a i,7 4.4,.s .p 3 equaSt fr,a asatwa rliso'.aa i w"loscout, and its abstnice or an£.omm;s,,remwas shall be cause ftar, rejec„ryt, n o h ada in arative closeout. t, .7,. Conflicts�� o ,i.)a�`rer s. ,'��.8 acF r�.€,i�;y'''C+` ga€��.�..a�'>�s'a� ent vn- ,' �.e a "h ��.�'"a`s d''3ry"'.m'si�`�,�ua 4€"h .fi4 '��...,�. �i�`'--,... 'k '�r li i'^:„:a' �"`�^ � �`s, > 24 u,,,,.',B%. 1 �rp,0,'a ':skim �wr3"",08,,aa�,b�,'ay i«a al ,.$asa:.s L".rta. a;"„!,"s„'haf„'=',S".�'W,not avy�'�a'�s�"�z„k,_.6.x . y i�,.x<�r aa„ �: �1,�T,3„�""`�s�:,��`5�., C'�fi1G�:a'a. as thwse §;el sad g to t at e3>,...q i ftik.)'": or disposition of :s. ,,ad - r, e1 ta''.i C1X, G- mJR, Vt:a,ancial assist-ance t txen cia,sics,, Y.assillesaves of s a.i n-E, third '#aa `N s; or as a„i` i,.at."+.er flinancisl .::.::fi'tn rest whct3hf,-,m r ad or perce ed,. a d;I on illy, tad"" bt .-A.IxS� � Fa„ ,. a,sa:aats is aa:aa,.a,e 5:a,: aS a. `,m:a'aa a, is ib e t Ftco,a "apt a FS, a ..as f ati„aa.'",z a.:a;.+ia,...a i.t:3,a's tli. s L)r c"Ir"Ie ,, ,:..s is `£.<u` l:R ffinds fo....acqu idon,of a. ; '"-.�' a; �, ' t •r s a r#.M.eme s fat e—ru een'a "iir#'aa3aua" .f v a"alsae as dieter", .axad Ehes4 € C�, � ��a,F..u„ established.s{ 1 .I ..,a I„7's shah be r.pq"aired by DE, p"Aor to dish" a air ail 3°'�f d.,ie d.tAds, Sh,.idd the � ReciplerinFial t s of r-h-e cost ia d" qui-'ati aa" e ag'Fa T a a '�qq pIY a'a ai a shall-1-1 `sn,a';t e plaid a,"b.,.,($inalcm,med with,WN1 a .'a7,Laas.;,a�+, N y U ,f.�laR The�'"�a i.s'aa.t,a..s.�:ka'�''a�':a i.�r �.a:��a"�.�sa *,:h st'" .;,`a�,""'•�'ffr or-video a:,2�"..,a�`-'a'e as A"„"ci::I"�. a il':)�"a":. ' �,T { r6;.;d '� ; r s ins 5 0 aSs li a sial,ai fa"'t s '� ". s aaa' w,dt.n As it'.Eme c+aba=k'ta`a,€a,,labat Pro 'sses,a adicii i., .apl pha v,-,)grePxY oa vidle pa, aaay „i�v.' a��m.t„�Y �� €�a aaaa �s a s, ;a 'P sirs. z Upon let ion, as a,..s ia+„t..v:":,1.. .,,a`t+ :.a„ !a."..a.f..a. ,�3"`za',.;sma.�.f,'a.:z, s'..� .,,,�Ea, -.. �.;k„ .:� a. {a"d"aa'.;, ask.,ai,<Y..a:.as.. .,�...a..a-.'�"a`.,. "s'�. t:.3.�. a.a.s,.,,._.a•:,;k p.'�Y.as.�s�,aion;aa ua1,. ��e � praa'sri,.ti"d to E„EO<,v'>i tin f1rh ,aia,ata d as,..1 e c.a x x �'v sa n .its.r �. e -L 0 t Far�,azs! �za„v x 'i:``£ 3. � .Cls a.:. R eta „ , , is gaff lirpr sa:i Kaa,n cr, aa..::'Ch" C:or ,.Tffie nicer)-set' ns&sk,aonud,a shi'l be Ce*. 'aed'u-po a t8 t�onrga Gail 'f as asE,„ § a as 4a:„ a4a t» a �ax �a�,:,,a..s„aaaaa a t des'it as a a i.:a" a";sue beer, ammndcd by r^_`. aaa" s fi',w!'s, Gana ciate of a"a a q::l'�,.w`n of za,,aaaa,stnict-ion shall be :noted as part of 61ae is.crti waaadoxa, ',aais certa,ad a ion s be acccrhanjaRshed priof to nfletnasmicfa of an Ada°n,vdlsitrad,.a a d..3,aeou packag,;, and:aco;`ay'enftraecer caa-dori shall be .ubTM,'s`cd,%aaEhtl$cav, u.ad'racloseout Attachment E — State and Federalt t , Regulations, and Policies E'he C��yx)B -IDIR i�;'aaa� 'aa' aSaa"ble la t"he,��ss�,sa'ecipi .a'3t i rrxi gh Ji's a� :,�,�na'i.�'ntcomsti Sat(:, am,,t aa� a� oftJoi stD ,C' aa+'z4`aral a`i„a..a",a;,.a??,,aa,'�'aci, a,.�w aaa.s�"`a`a"�-s, Ax"'.'4.3'.ads.�trafi'v �aaequ.�"'L'aS'"aa`:nits.v (,'Osy +a aaas'a sles,,a.:r._a Audi: ��,�`a`a"�,fi:"s.,.a.a u.='„�J.`ts far, �'as�.,dz aka A;,a'i1,ds, A� a.,. fat pm 200. TIa s a< a .ent 4 .a � a sn .s '` �' `�""' 'ate.akv ar .. u S'' £a..",. f"a,':�.',t=.fiaa"an a`.,.; 1's4,av , ad; aaa`:Y,Fk:..�aa.r.,tia"a n.>s`f'",4.,ds ,s ..f'-U .fi:. 2 a'S 1 Packet Pg. 1769 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 DEO D.1.e t .: that atre i111, ase tart the Subrcoioiant a,u t'tie S'brecipie t at'rret: t€,i t...a t`"c a I � ��t s :� w 2,$1 oaarn ha c vwith, t8 all Of t te t"1b, atti:xa'`ns>S Rica cnOb a",fi in, s,1hist grcernant 0 U7 T�a,Ae >,4br'C,ti it r„ aui , t= l ; % : r, ittFtt t " t att= __ m `s'.,tfi i .a ata fi, i ttd 24 . "70 rtt ;a t ::u at 4.4..ntt _ a23,.." .'.r ttit ha ttt t= s ,xt?t t tii; at a. of Ctt L t;;tfa, totR it'' t8 under this ag eeme t.1,a cie Fedezelll Ra.`'-p, ,ster n atices iriclude,Inca awa o';lii, te,d� �4: '�, �� es seer, Guida icc w ad't .,tt` :� ` t t std„ tst` 8325 e7# s # ,sue ' x ^ '.'". .. k;.,.,;i tt:.x}t` . . da to t " �:. t " ,-,w st �� fga . . -'zw i ,n tla ulbwe�?� esa.,i`=t � rt t t t t to aft sta # iatt,sitri t w; tt}t not ir <"__ ,. n aorE �. 1 +�'9 a:r deF,«r s. :;_ 2_ 24 a$R ""ti-s' 5 and t2't t�at. r� �a� �'�"S:t does '$Yot �� f" art. f w °s s� p.�, � ; , r �> '"# t , �,F"s.aa, ,,,� ,. " sm � .;)�.t. `�"�y � �"t� R. ��e�,. * s :�F��a,a� �'sn� `� a'�;b�a� a+tni,�.�`fi,i� ��k � t iet% process snider flit" jicrovisioris ttt 24 s.a;R 2, .�'� ? at a as � fi � �% w a it`t i,t. t Ott ,3a+ to h .tvas ` 9 a= a d. J,ibet^ n. 3 a > tas t t� r°. .t",=.. " tea ll.loc "s' ;y�:-�2 1 t" g�"s` t `t' tz ,''"'°.,:'s -a,. s - �' s..l t` " .. .,m a m _ laws, . ae rdon iw �i f t?at. � ..v th us�o ��' a�s,t ai.,xa �t itRt�� ..._ tt;tfit7 St is at t� � �atri.a re nfil ss o sedct C �C- „ , �.. .a. .t'-'.i thc`t.tur Fa lier—it on sai' Nichratice or ,a ss trtwst itt,,:t t basib, � 0 U t bre sSUn itt ➢ e zs to s t�.aGS , „ �. s.� � �tta d g" �Sf; � �} t ,��k� �� At .. �,5= r Su!, '- ff .e. ,y..=N a+ g . !, .. � ds ot! e <.se tttstt,s.apablcr I �Tta 't�§,.fit a t ft, a P.,.f �t"k �t .t «�,� t l ttt�dt t i � l&_e denal,State � 0 atsv,. acai Lta regulations ztd pollccies go.f _ut fiefat at tS'.;e t is igreerferit, b`»t: ttsmk ti � 1. asatt. 0.t ds PU �``''d tt t ttstsi t' a` s ;. a s a' t t tts'r.3 u.',` Ss'7 ss . 'Ya "sa a f m.§...a.::a•:,;tgsda am.,� t, ..� �'.-at 4'-,tt€'t{ 't a 4 _ t tt Su!b...tt !,,"#en tm s be a#td a a -as renquired by 2 01t. -out 200 b a. r F wilitn h :.a t ect:ed d'hat thw x &af';trecirs��.aat's.l, e a-awa '"���.aat�,'xi'�t ,...=dr g � esxple e f ,� �,r,year equaa'led'o :a a,.".t,`"ekn t,.a�t ti.r>:�an'tt,:ld set t8 r€''t°a'h" t ti ..c"fit§e.i.require. -as`z"t'i" ,. .. ,riz g,g„na: ,taN .ik: t a,° ' ta:%„ ,..;. T-c, ubtwit, c shell Pt"ttnit Dt tO and vutEitors to havre access to the SS:"sbt `i wail's reoxr `>s and rttat=a i �,mf t=t,t as t t�t"+t.t;a s ti is":tf �a t Fes. to a.i:cet-the .�. ,:,j �etrux t`s o :a,C�`a.ti pa— �,5��, � "Ib=at„"".YF.sn�'PR.".t.h §,'.fat:tY,„,„ait�:5�.`{gradt' tx,).,a.f2"sr.`titt°�tt,tt`.`t fit its a"ar'.:'t.a``"uY"„aii'e»s't"+, [,t.' �..�� as nt.:.+;"c�t.GtS�ta,!'y to,t�4",(.?t .;s"e s"a'F!lit the 0 ia,ntba,w r,d t used t for sudio-dzed a stx f tt t ° Y a ,cap g a a .. re tc.F :i t .tom statutes, � a t a and i 7 ..= t� e4.nd, „t`"tta.'at�'a,se..ns ttfi tr 9„a,..t'ag,,ri ?rnen..t4' U is.,ef, .,'^'.".!f.:.`sw" ' 'itasat:tt= t( ,-.a.� .a :t'q::tt mi i�.g financial....and rel .t�:tat!tP:.',".t"e�.`sort`;s, t^:Z>w�`at:.r`tW--. . t�fi..��a''.� O; �� '0 at,.A,ri ,i', .a,"rpt rsltit,.+t xsatt w that dae ubt "j,,) ttak a dirztily and �*�;t t k�� 't action,on aR d t ltit "acaw s s t"ta,dttt=,t tO 61e r.,,°r. e-aft towarCi' a€aatded to the Subte:c y�yasnt.fto .11 HL derected tfum , ttim .F.#s,ia;, ar,t sta,.e revizw,s,and odiexr rneana7,and t a st h aanlaagetr ctat d �wCe¥Yv, ? k ,trh.�t :34t:�a{t �.,. t t �f tf:p t: {wdt t sawa.r prt:rvided a,ta dhe Stllbrec i,ent,ts:t€tFs DEO as 4egtti it` ,.by 2 Rry,"200,5 L � 3" t t lima tt. ,j, I a Stflbret, e t ts:i at,l.be subiect t„d s'"a,,ta"Fa os and ,wdits by + t}t=.t s td t."tt a t "onsi?& ttvrvit,.;,'as o thaw S`ata),. c:iplien't as "t i be£�`. ,a tz.a� 4rt t t s v i,, s ., s � � �� t,t, p t isle i. a,e t tdi't£t roan:1t ecaents` v t, t t o 1.:. as may a,s xt. E'tatt:t ' ttttt G. t rf,;. ras+ ttiY ttt € a t tvsb tfzaaasaw ,a€ wfa^ he t#, i :t B S t tt.t.yttd.t.aat$"iCL r.!,.l:wl'i'tt., DEO amaay rtgrere the Subr-"a',t',:..tt`nt to ralm ttatae��'tind aa,"P cxprisSr action t,'3n,A� eY:a".t�a,..t,,£a.ies;,,eritsda-=`"�'ass�a CL to t t+e. Federal ta:�rd pt,,,(,,6d d '�,-",�the'i A:;6ra c'.t .(t';ii,t; fi-o ra s'xfit',�;s aa,t 'r..�"i`-sa.'t�1a�sa.0 t!.:At'i �, tt.,.,.z„¢..'?..+,.,t s+at ,a ttt.i.satbtra t' ,s on.,. im to a a o t d otherMeans. hn.- s ttsc del t f tt7 at it titt w ai.s l-ntt �aa oi a a agreesnent,DE t may impose ad:r,,4,a$.cingi co di'ltt"t as on the use of the t a,,,d'B R:funds Uitsa:tm ."tl Se i+ C P.ory,l.tkha sat'. or fwcrvi tta8tvtt' an .,,N 3 u"'L,",rt< a'SS-1-stance as neesicsito,cc:)n,,erct ttttta a"a =t lid€oew w 32 Packet Pg. 1770 none E ak Erivadana 10° DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 DEO D.1.e t o.: lil. . �� .0 1 �k Elm Su rt,ci ient t ust comtily with d ag2 is°e'" r.t is F #e q .�ym f en t a un Sou t aunt B of f� a 4s '1 2429, vvind[c1b r Cc s.a s fi fi :C`cxr f1 eri %"1 ,€ t 3 k b"T .r 1. t#'# w 1 . 1 s C s #„ =a k u + 58 of dhe ` ' J'°. a S ..an,.xaJ Act Hsu 19,98 ., 10 690,lltle s'a btrdfs'a D;41 U.&C, 7P "k1 x(�1'rv-)„ IV. Pr romena end C t n aaa; ltg 1 3 a'� W sulbr 4.s aient shall ll cC"a'f'a#p Rp vvfth kla st'a ckircis in,2 C1711, t,20' 318- i 200,,,..t 6 N;rhen D-rorn,= 0 a tcmeo.y a$a`ad sry.rrvts ess Under. 'I'd a,g�a et aa:Yst,. SubP"a a pYa a"ah v-r =ose flhe bre qxenea cm3 l gm ons` .4 der flus s1`};aen mn, its Cr t',cCorgi aw, cifi alvta or ;asp'refe`§aw ce, 50 a 'at such bl,atiorm '%n=flM be bi a&n 'as n, � U The ubred ien nau t cCasTsa.alss Tv a o BG epp'-flay 0. .a-'re a d"11 ;debarred or suspended spende entifties at f n sm far P21 5`0,609 co,, 24 CFR 5 C),:489() s a prs{h a+a#p , D f,a r,1`s za'axy not be providem-1 ,:s`:a xa„kldei:11, s re �w a a s k a=C.aa s n {#,[,' a r ,.a u aster aC 1"a,itic a {tames ,_his iaCy 1.#a.t�s. ,',, k.w s11,211 cneu`e-that. o a;ny, ti s':as ks is a r aTib a a:a as a .:`C a t=a =a,.. lm a�'C3a�"k`h C�� � �;: a ,.J.:aa� as aaa i =as' a __ a.arks ta':1 s? N�:a pu't:»ksa"ured corn ntcts or sgre Csa sftsv end she i eCr€:a"s;s and com tion,a o u ,,reement 0 V. Rml property amzr,a t. by t he Subrecimem,under dus agrectnentsIN& t be subject to 24 C-F '0 (j and 2a "aaFR 570,200(j) he S gbrecipsen has ?I as cor Slav 'mith. the P jw- i1 Stt&madaitlla at-9 0 11?, 200310, 2 CF1 ,..alu&a.wvhen the an s,.i,,.,so'idfl-tift proceeds 3feall b'=o,.. ro .Wn_- C,,..aC'a',:Y,C zaY<'?d m a.`a"s"t '%eCfio not ,.e +"r r 3.5;'k,e ;`waa da, 1u= a-=t '#."ka, ,ct1.aa"ap.. ^s' tnm,sa a».":'duiz ap preernet sh add be tr`u'�a:Y.!vsme,,d to DEO fior its 1<,...;#-DR cot ttmroprzxte4f c ra�`irta'nsar s DEO x ''A` t 4ubr ccl,mmn ;shaaaU also ffw rk:'apla f t'll tfic Pr per ss smn'dand s in, 2 G , IR,200.310 d_:-=oa#asap 2 CFR 2,0 . 6, ,fr tv e fn 3 .. ` m -m� 5 a"£ v t !7 say Y, 2e fl f fi 4 case C"�,k"a'.n_ ,.tk �tC, a.. a.t,.'�su �a3.,� rsa„ aa�:.a.4?=��rxa.a astb. �'�` _ �a° �,� e. ..2 mw,.�wns�.s � �� �,, �a.�1�cs� a °`�sa aa�ss1 a` .b ec et 1 slstaall # "unap"N', awls Z4 C I-R 10,2 1!60(j), and 2411,a. IFIR 5 r° n 8 9 , excevt to the extent'tr,C _proceeds d`s: cn om the sale of eT 1. en » ss: tgrat "a.i'.?"+Cme and n3Cala"`c f:'to f_the Prograa .ancor equixc menau,, amacler s.nkia U_ Ai"ur,eemm v has # ,f." s,s 24 C.1.T, 0,,.18 ac) Pal mammapa S F(k fM M, ., N`N„ ,d?Rfi •2 =a ubre:ipir-j-'t ShO oorn aoiffi e ae2 ,tf1.xem- is of a1� O"TL",`a `"u° 25 L.aa'aw"a.::;s aw Idenuifiet imud Sya 5.=n or A'aa"a:1. ,a aC is nt t.s ,,r aat ` ass 9 C:,C. sC ka must- t Ca`.. an actir,C aC� a f'E.9 t r.a a' 1 .t $'Cd,.= y CFR a alrr`t° 25, «s a-a%av,a=..s1:a.. A, and r. .:,k.`'r have a Data ,na.:wc,rsasl Nmnbrzn stem e t8 a,"aub.�re6L;aue3:fst must 11'so h„"h"�`-j.').-0`y"' 11t f""a*-wr'G...t ,`siS,.ans of Ehe Fe ,.ti."3,""iv.� Fuumc d cma.n�..s���-`.�.a.`' d �.a'� aotna;:yActa � a'EC`1.s includes !:§CC�s Wa"J,ents, on ex cutiv corn ensas oll,,2 CF# szm-rt 1 aatiaRepo-i toqg vb{ � -r�,an d �ax`artcs ad C: ff CL .,.xv: raa a asa C CRs=a as _' .,a7,na s'I;°a= locaa,a E''ss w _ a T,M. a,., 'a ,>� C Ca as l`aS. Sa PolicirA Act t aau 119c 70, as m"mnev x.. f 'Rr'.kl a 42 USC 4�i0 —4655, ''R aaa r-t asy 4 �_;.naft 2,and U CI 570,606, 606,ECL Iti diia`;�,€`s:a..to t"s:e UJU,tw"juAi.;.ermte(`its' these rejp,,.Ja,,:aeoms ('' 9 CIFI">v 4 ± a tunCO a.�.,� ��-fs�t.�.a,s.,� au n'��a�.-`,�" .�e''��. a�'��'�-i;�' obei' l',S 4aaEF-fo d DisasterRchef aaisd Etnexg=.nc u)ass-imm ice ikaa Via,USCC 3181,a-rhich I, des ,.ia' No"k s,,W :ors sdEng any otlrxe.. s:a. V„s-on of a iv,'Ca p eroso oll-hmC +.se e-lir ,,Ible fC s €p' #.ate of r pl,ms'¥kC`i„a a Casa."vat i va -m—en aaa=d';``.a, -he M k e a b 4Iigmb 7s�" l 9,��,rek �ems, �aSong kti"C� s ecaaa se a "a Packet Pg. 1771 f"'rk" I,.=a&:;fiuAv5 ts'n a"'VIA1,4 A-AW"M-49r, DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEOAgwe t o.:10092 atn'ral}if 4"lt's'aster as clet,,#,-"nrntincd by tlaa Pt stG,M , to meet he occt a-.u.,� € v�(_���E�..ri �"� Fv ��� �'. p���€'. U .2 0 V9 '11 Gu". "'s ,." con- ua -,snt'. 4 CIEF 1 Part 6, %,Ohi h L'suD t firm N the F-rov non's of Set:''don i 09 Of"t"fie I Ory t8 the 'nt aa'G" and .om hJ 'tl , c"4s lc rctei ,t.,.lan,.of 19 4 ..,.A `4 €lw�. "�M .E Yvan . ;:yaw a.iC.;.ont 1 lnxomde that- a$..:.a perso:G.in 4.1ae United States shell on, ffiie gmousnd of-race,Colo ,nN a on i:.# ='a'��y s,�ze on;E:.9'.r sex,be exctudcd � froin participadon,itt be cl,rue ,tk benefit efit o or be sulbJecteddin .G ­n }.2nn_1 or G 3 %.MV" Ended 10 " xllnnle or in put ith t e-d r? fin, :=cis atsa-„atance, the as aeaapient.-,viLl adhete to the pro a�oh,'.,trn li..a.:=mat dis#;nnnnastio5"n on t'h basis of sge,7ander he �kge Disc ro ntArion Act of 19 `QZ U =n„.<, 1- 1 07) � a �uw,+<nn- G1.. n"an.'`.;`n i-.; `'`nd"l, he .�+_d .�'u d,`,kn:s, at,, ="s..,.�.st da,"a«,n'.�,-�.,��=a�n� �'sff �`�fnr rf.Gn.. €.,�f n`!.=.�g.l'W�7,''`d,"'G;�.u=h�.e�' �,r.Snn."�,�.'d`���. 99-1, of he Rehalcm t, th„kn,Act € a 197 (Lld S.'. =,l # (Section ea,) Swi—lion 0 °1t blae l' ,DA makes flies � rea;:ld'3i tnn'"a.fa i s applicable to programs ant.,,a ctivnt..e,"s fn.n;'ade n,snc�-,!',Of an�``.�nS.n°n:"w,G,.,:�.n,u_DBC2'..DR ,-€�,'-d.fi;,&Thus,`' ..e l# anat atn laal:4 n n ` a h$ 1 as + � n l `a. #a h nnffln a df not §ann r 9 xQ S ld = 13a^ot:P a s, and tfiw re xrlal&j as of 24 x .t"146,which `mplcment the u''t, w Diisc.,n.-irninwa' ct for 141 0 or' ,M& � u 2, n, ,ltS� 8 . ..aaat&tits !G e # nu 8 tt aala$l. t u�t't. t8 p " `�4 '":e sMrnbredii kCnnt shall, ensssa° t nfaatAs aciffivines arc Consistent wi e'autice dfents of t rcLi ez,,t 1al Btin`iip Act arid 'd"'ie 2tann'd..,ricalns with DbabiliAtiza ua cc,T'�"an= =ki it ct-w 41 Bsir ,"der, Act r.of 1968(422 ,. ,. ,.4131-15"t) � taa»la': rem cexuln 1`°'a%aler l and l aade all" ,died bufliding,g as d oulber to be designed,connttrnnk.#.d.d or as c-" d in SMnck G Ul maandqrds hatiwnarr ac4"#'ssibi ,? ito,arid use by,a y,zira ly*ta;cfi apg,,9d.,'nr Ines A 8{aflna ,P.(, as faciliky'desk roed,cons ttuctjed or alke-r dl.Nxitffi f ..1's allocated or reaAlocated u,a'l this part,nit°� ,. Dt*ce abet 11, 1995 and meets 1.111-W de, 1s rido E of"rreald ,Jatl vtructtare"as define n;;24, C1713, (12 c#r dl.e 0. €�4n��ion.a o aa�, s1 h "as kdaat ned in Cl w'� l l� �, a Subject n'the n of°§n an d:s,of ".. > ,�t��, nr Rw,.i."aers Act of 196 (42 !w,"&G, .411.5 •^"n"'lta 7.) as d st corn, I � [ a'' � .�. � t...a e s,y v€ t N ;�. find,dui."t a, Ana t.l'a� aaafs,���a"" 4.ad::1.8„ al n,,.a,�mw9,aa3��.�.''sy ll' nathan»n.is (append A to 24 CFR pa tt 40 Car aendendal°d,hMaa,.ures,n fad appendix A taa 41 CFR ,= C.,.101- ", stalauar7 .lA €,' tea ,n.,n.xl tua ld 't ta a,x liar A nier ca nas anndt !missb dics Ac ( U.�s.C, 12 31; 2 t l a�s�}��+�<, 55 2la" `�' ui s' , na ' .w s r � aaE,n r ...,u�.. ; provides t8 i n- n ensihre x.atrl angel,'"-ts fo, ..nxliv a,"andanan mni d1sna,,Lfitics in rl c areas of sefnplcnyrnent,1rublic adan s`and l ar.x +,.°'vtm n n,t sexvice a:G:G� ,. a.a hFu a?t.h sta &nn'E a It brad a r unto odes that d mg' nt':tinatUrna da�$tu a��ess _ +:l,u. e to as st un anda;daaa�sts.xact feral tries gala � aao s agictmca r no n.ns„kax G„lan.� 1993, n are �,aC h"u`' N access la to sxPi s.�::nsoable by t.,.= .?i•na.,a-aah-a""#`rnt`.. d "uabala.ties. , the..-:M 'r:e.n',l,",i es :he rrei n.wi s...,of U_ a .,. C."G7n b n ers ma co?1dmwnl:catIofin Edarn`n"ers th t:are,strucicatal in s.a,,a.re in existing g fic ities,'n hece such 2.1 y � n etn(.°a+,7 ..is,>rea#nl'.�,_'' .c..@4-=.t:vn`n,s;3.�ta. xt':.:sat ,,, ,e . accomphshable tiad iable to be a.<ar e#:nl,out vniidnmit Much ,.ra t �n.,.Gs s aks a t r am s,:�" U ,: nax,r t i n 1. d � ` tx t t+'tt� Fit , a r...cip ,n=t a-unt m W & .ssx ds . " as ina�l aa �Nfi an.nses tanM E a �, aMt 289, 0 8x7 ,h, n xl"� lall �7$.,.t%cr„nil C i:n�'.',-s""',lil`„na'ne: 'n{ '".he a�,t ectt €„F.n.r„-s"K."IRLtaanx, kan witht.�iitv.,r-�,".a.rl,Lre,.�,a" e s of Tide, st`IYnr",. _, t,..s3'.vilIdghtsAct of1964 €8u 5.�..), 2 as a,n�it an'cd. ' wk ers on,in tlnd Urated Stpr is al`tra: , n.=.an `>"ie grcuarid of race,cohxr or natta.n',"n o .=.n'=,be excluded �> &om laaw tt.,: alvion in,be U.=zke ll''c be,, eel" a,a'tr oxv be o"flae:rvwise G=sal Iece+ A:c'k 4' +"S'a.,t'"`7."dirt on = nc. wxv`any, rog orr or activity funded fyy=,.1". `.x¥rCL ,'!reem.ennt,. t'a.0 S aea`hfa,u non..a; .a.,,,,ndn7.n�a..tu*ar`#n s"cc, ,J;.-.a:,on at t'aal s...,.l'" t. xa ..1:ka„b t'k a.l'ne,,,k,"%ea:.. Sat s':t:ese t.aanxds" he Ss l.# nrecfy ient gtaedlt not aunt=i'd f"n,, tea *a t n a coerce or Gsvraa rioun,uxt a at nan t 4.(.^ion, for ell CL t.:' . pess`e of il-act"felin U<ith" s.cFy right or t`ativalx' n. Scouted by the 171 on..th,l Civil R1gbi s Acs.of 19 or 24, a . a. part, s or, because z"aat has taaadle a corn nQa$, st, ttw lied, rnas, ted ca, paat e Ypatelr fin any, marnner nS'a aanx inve,s, Clon, jxrocced or hea±fiT +n'ride:' 24 07,11 lasa..fit 1, '11-w tclenti a of corront4tuiar.as shill l',v ra-t 34 Packet Pg. 1772 ClocasIml 10,ACIPRAM,,t a s„ .fi S,s iE :t ras 9aS DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No..10092 c ff a etttt . except Y,i ta't.ae e.41a,a i,necessary to carrei out tvli-... s , oses Of 2 pput" , ,11c1rLd,t,gzg the coxidus o U any,is r'Sa.s..a:wS xj;*$:,a l.e.n a a�,=t, or judl,t .sI t,°;ia",'t".2 e 5 g 4�.aaat`tt,t r+'x'.:i.":;�"r'I:¥.�'�F`�er. 0 Asssumm-ces and RL., .Property Govwmonts.. f� s to condition to the approval ail this g:,rte,'u sct F«t'ati the extension fi. r,,..t Federal fboaan a ?&_ assimtaxice, e rs :* ,., ➢.r.tat t het z ,? tic".vi t z dc's,rZ4f"ed i:ti ,this Aj prmernent vvill. ? 3[ 1 dhe fa:rtt. t kcc ?.t A r s *. ,:s %, ." E , ,& € .f a d be , b, « a' . �" -c '�" '3 t Ca Y Y d ash i s t SE s t i t_ fi a a `t s r \ ' f k , ''ora rn t tot iis Par, � If-he F'dwrai:l fikmnclal ta`s9 St_s§ce t't" t e A, ,g;reement s to pro C,,"or is in '. of fslN morm[pv011erty or � r Property- or tt'itet eat th'vatx o,: s ttmt.<ttm,ss thexc3an, -fie data#,t4.c en ,s riaswmr:t£tk"e xuoein steal: ob4ae ne "atalne `ti'.ent fxr in. eke case of a subseqpacnttea sfc tlm d ains etee.., for the pe.,#iod date" `.a ov #.ht tt: y � Js used .'."'t's �?`(.t,t` 6"F*e :C...sa',`ri rlA:�a:,.,,t,. 'b,.tee.�:'�:ti '':,I.,l„ #':t°'s rwa.A ct.:.,twtrv",ss.a==,`,:e Is t;,':+"'t nd`f":''.t: for ;.t'tc =:`s `,.`<''a,mpos ,`t t%":'sa'`' 3"g.e w •.y"s.t"atiFUattaw'ss'k t ,`t:t °t.-�'""'"' .tr «,t" -i.�`;"`s' Ta �„' r ;;ati d fit: - ire. s• s' of s is dus prxmpervs s. as" t...' &tt „ ,T tt gR1 a) her amses:;,the s stsmt'i.a e shall obEgs,t die ,.ubrecta #ent iko die pe . �a tt s DEO ,n dte ,sstits:: States is ¢ ght to seek tst"tfis e,,i t'at the'murAxwe arid th e:,eq iv, ttietip#i on � resd t Fyn: tSit`R t8 tf dee case&",. of...b'al pro-mmy,, smxtacc"„:e or h #tG:'Y �ffi�t �'1. t" ? t �ttt �*ut �, titt.s rn: � � t� =�1tt 3 Federal .nm cial assistsixice ni dn:,.,: this t ,w,t i. a =s or 0.-1'a`,11-d,ed. n`a ttus s£".m d s and�. S Si' fi :t s«.1 the, st„br s pi„t t t Uai,der itt`„' Agxeewicnt, alp iatstrurnent effiea.t:.:n ka=rr �'s#isp a.,,'xi`n 'by thi: SL:!"ar c..t9a =f :° x�£�n1. t1t,��.fit. sstmi tar s or impru at, no;diereen,orj'' W test" ".,t vtr ry s t et a , t t t t�l t;sa the land aissu g 76 t it s,tw `:Ct'3tz sts ..h;f ,`„t a!,,,.ti-Cood at m ,_,t vid-•h ,mo t ,, &I tm,c�ti xt t 'to ed f .. � �s�v..._;so se Er. s,o12 trh fhe Federal 2 find tdi a'sswtntnce i,s extended 3 For anotlaer ng ttthac innvcnlving tim i;ia:rxvi'sicm o s°in(tla semi e cor benefim 0. Ife Su'brcc aa' tt a,a,r. real piro 'e t iatte .stts or t'tnds or for the'as qnit6d a"',ufmcp Prcp',Tty filterests under w di,.dits : ' .. .;';"',.s",.fw}ws'.;✓Lhe extent ttt t.-'°`. I.t'" 's't's ",aa:,i ace ltss,r.a:.i #,"":r or F,t.a=4:at,..:Y:'#»t'iy so:"..a �prroperry,st,r,Y,,:,h'#tt ,.ro..:tba.asl:.r'.'t a..s+° i prc,,pi receivo"'nig ttivi `t t?,tsia Qtti Ce,, t„>e nondi5crux otion 1.equ er uxt of his men, 3. shall extend c;.d any, {tasa ,t "";dt`t {lii) 'tss9 S7:i�s a� ��tfsa� &,i tec,it tt tt s 4.;s t': #.{' ° stY.. y c ��'� sd�tz�'lo?mst �i t:s#`$ �, E( 's �at,&-i , �JE t :n§ "�� «w. sx s tSrog asim tt conapHance Sar`'t.,t te Prxo� identss E' - ufiv t tt u'S� 112,46 ofepte z=ls u, N, 1966, as arn tga"S",d, an tatty i t,.u`"�.a;ti tt.t( S`eg-7iGaass«ron at ��,t si.60u �,''t.O tah J] Y,,`at°'so-vid., :R t s tt.t tx Act.$.3=gai lt"��� e .7 the � �t:att' U_ ca Resistin the tt. ,a'a t 'S tf of :t pros r m. 'I'he a a ibintm t tt r st��., is a fit` t= for zS a�� fit' tse 1.'�t. tt t t t o ,&tm'fax ap,"proval��b�.:..',-5 tF" "fit-s'` a'-a sds r sr men � s, �Y .t .. e��si.�, s tti ,� F,t�ttat tmss�ss tt;�S"�' '*s`i, - t:n (t t;Ss#V..afs;`tt atC'iva.si tiet s3:4t t Seta .ss ,>t } ` s tr U t -5a .s#atl,t �:. ient 0.,.a l iai the rtt nm e Su its im ted itn 2 t "ll i � a, t � t aa,s y t ' p tnt a sut, . sa,`: 0 minor-iry businesses,vmt§a$. n's business=ess ent,eiptttses,E and Y?ts!'.ttor areal. twals ante used uvhen ps"ssilelle tat:l,en a faG u:tlt,t,..ec: e is� rf-'ti 3i,re ga,i"a`t ?xt orservices tmider ir:,S` s : ?t'i��",'`i`t,q".s"'K 7 (VI Noti.-Giscadons i,e Subrecipient w e),,ad ti,') each labour t?niom or t°aprt,';se3"stat"' e of v+u+t"lsfors riifh itch iuti'i t his ,iisiw'c 't7.•r basrg�&n,sa agreeme. %t ot`iis ,co mi t or s t$iC er trit'tdir , a ncmtice, to b p;i:ta id-i! bsir 1 de at'anc e,. Y 1.€1aa dt= t ,t'ict't,,aclx si g t,11rie tatri".at,.i,°"„atFton or wrr,'rl—ke 's't°eprese nrtatt",'s a cd the Subrol to 0s t nmmur t,nts fifei.,e tltdet,rtfl.`t > t s C ss� .� osr�,�oppif? t"da nonce �.....i,�f,: sP-J, to Issas,st wes ai"��iaiHs.bal'c to et°!°?..,, i s and applicants from errzi slt Ament a CL (Vt is°s?ah"E." t r o qTy' or O fi t t atrt 1„tst f to t "t.< icma `�i a) att,.0 s wt � (,e t shall], a.b allsmicst �. t., S, t„s#,Y., ryo: ��t� i f 3. b t;::,'es placed ;E„ , 't ,t =_,s t of �d CL :msbr t 'i ft,t_ Samtataa it is an EqualOp ao tt;mnt cn.Affhradive At:t` n can if"Y t" IX tt aS sPs t d £"v^r' g�rs fit;: 35 Packet Pg. 1773 o�`iiv>s'ain4'sa,s:i31 `,., ".,e;l",i"i{'-.n,:..z,:rt i< .: 1' .'r< <<.f`"° a ;ir' . :,nrl DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e `t_ o.: I'he Sulb`e ,i�,9et.tt shoE comply v;t„dd-a the in <.E.a i r sauxi s in Section 111,0 of .,he flo,„aww.Y.i g and Cona,`t;.as,3t..t De-viisky'r-nment A.,,t:of 1971 as turw oied.'t.a"+ d.�.�.=snu: fiM�hat rill laborers and meb.ha:'.".t :,!, t. 'upt `yed 1-sy,.anttacI„oi.-s or 0 R ss0s`on,„ acttFa in the pw' ft"srn"i;ztnce { l"Y,"onstLuiintioYn worr 'f a-ti ,ed fii� ah-ole o�' hai i-Az" an'dt assaist u,.,ace a ce-k-wed � un&ez i r it t RUES!,lot. =t a "Y i'. t construct-bon `u ana i a loca,14i'sy as deter na1t 'lay the S.ccretst`4" of labor in ,rice, ,-rdia:tc w,,�,tt the Ds, i,- Bivcos,a. Aic; as mi.et'd d (9) t8 mt U.S.C. 3 s,41, at aagl and 29 CFR mart 1, 3,s 5, and r pt'tnvide, ,lt t t;"a " qn.,t eni ttt t t ,]F. to ski t8 t r t a d of residenfislproperty r i �, that;4 p-topeii i corktahns not less 2 hum8 The „t ,a Y ttt agees s tta4fa tt St C(q�oilland Anti-Kick B r , R.,,h, .., , n t ,, ��:,t ��3n��Tt�,:�i reglTii"ions: of the U.S. Tl)eparoxieftt Of W r at 29 CIFT, part 3 and p*,,, 59� ',fhe S brecljuient shL r,_h.:i pirt, &CUinentation that .: 7 fivid! applizable hour but 'k requa i-Yrents, Such � d o urner;rdro shallp FY"ct} `a- by be t i.t ude anvailldb: co I..xt,l""'.o fisr ,. anti.oi% Poi.:,,t e � e,i$ � 0 X. t5 0 lowminconleY;a, i:'i is.i s tAi te'r n, is iiefitnediut . O tyi f i s 1937 Act g,-,',42 LFeftt.0 � A "' �Fa305(,bs)(2).i" Se,,.t.fisa'i . )(k ) o the 1,937 Act defines fines -tlds temn tc mean hand is `fanclu,l; Ednow persons' '-o e it=i.,;aa`u t dionotexceed 80 per ce,,otLtaf t4f the ill ed an incocnefor dite a.a r s as cleterrrwned ii i„crct q,,, with aati iistfta,tatta f6r smaRP a a l at "rs floallievs,cxccpt that F.iae Secretary may establish Stm,::.titne ceilings Idgher QW r$nd or Wr«s'ii,t than 80 pia'°C tdt"i.11s,o t: . $.ata"<�,t n for t�°e Ina t 9 tshe is tfi s a i-r Se r, t va ?kt+ tt a,, ii =a z a^ i ,� �" a � tt _ a���.s as fti` st tiadt; ,rd b, li Trattiations are ante s st' because o vu 'a:a t,eit r 4 Y o �+ r t+p lee € # i ieii rL�dY"t i; aii i t».t t i�i-...a*:a.�4 it,�:s f tki i:tfta &. � "'.>a,.it °.%or Qf A ':"s.t"y a,a"iaO<"°iltt;,€;,.''i"a:an p.'^;'+;...,t.iton,a t`...'-As rcr-r-,is tiefl:;tttS d<s�,:i,Se.,€;i „t;:t 3,(,b)'r�,) of the e<��`37 ,�tct &2 �,.s.�, C 1 :Y€ si 3ait s,R Section �k E'it�,1$ oft`4 the 193rt <i#c 4`"i i...,i �.,�,a.,,,. i#, F37'it,;y-j �.`"i�" d e `s'1les, t1lbur's i. rn to inruii i, fiAl-all' 'i s (ti'Tdu tint,a aan, . a L? r t t tt exceed #fitist R ytt ytit %ts, " t `ta`ta,}as t€,�;ie "t'k.: t«" i y the itia„acit a rit;;t a asiJ'tt'ttinnent'"s t „'a ",i.ttall et trod Larger fiatkt. less except that the w N ataa%'y, estiblisa t `rice.:atne &edit s ::ai�a i" °Lt baser d un .sit Past certtu'l't Of ,J:,te Mec.311'an for ,hs e:'ret a on the baks o � t .,e Secret Y's finddinggs that wt<t. newmary br,t'z.a. e,",:,if tru,nt`fi.`="t,l.,y I or lt.,tw y".3 iz=w.t.:ines, t C g='a i1M'tt`t+�LLt� t8 sat: subtecipuent Shell t<ompfl'y`rat.,t the Yata ions as Secdon 3 of ?:"bo a ys l,.:s,sing JJr1 anti Development Act of 1968, as ,a°;i,t:eit„ef:.:{,i i> U`C 1.0 u,r aat.id iitni.iYt t.£„n, ng its nxrq'il.ru.Eti',txsE.t,tt:f,ni>"� t^ert.'�i,,:udtt.�'P�r",s at 241, Imo" �'dsa- 35U 1':"i `.. tttt:'.,ecct t tit„ shall s icl-u.de the ca't icm it',ig :`Z cea 3 i.tt4!.si,,;" at 24 CFR 13138 in evixy "Secion 3 cove?..a t,",a"an't:.aa,e' teas sn elf,,ia%i tit in 24 Cl., E,,. is U ,A. 11 .is.$ ice'&se to be pott':i't"''.1.ed iut't.t`tt.i..t'.`!h-A'a dt'i.g+„"e,ts°raue33t is ti,J.tit."ict to o o heed n-3 f:vt'th#.+t: 0 Ha.u'i:'asta"ttt .ttt .„,zt ,„ira ai ctai Stt r'it:t tit ,', aa xs n {'t „a i ,z ;. ii r i a %,e,i",,, . .h.a(,`,Scc1. cy�t ').. a s st`,,.a.p 'Ya. Section 3 is to ensure that o,saploynaciat and other t"a.§7nontic lsp,,irt:i t't,tat generated by HUI)asnista ce ot., t8 vU,.i ,ts°sty.. -projects t`t'k'ixa rd is' Sect°iost 3,,shah,to t'a gs�i nt a"� nit f'..'attsiblea e elite ': t x : sad'very � y ,,i,<� ,� '.tier s,.a fkii st,Gtt t q Persons, is Si.F.;< tas;..'' s to sd 3 V4,my ,„oc t`ie_t o HUD assisvt:�nee 1(5-of h alit"t,g. , 1i.1.te`"4,„ 4n.to be pie-donned inteler`t,.;ds. {is nt`aY'a is sidi(!je,,,.`'. to t'he re=.'-it,'>ntrn-vri.ts It Se#',ion 3 Wit, szfe n .#;iusin ared ilo,,,t Den t"Ilptrient A, � 9 8 i st � � r �U,.C, "1�'a t � i 3" purpose o Se r r „t s�i 1 ,i .r"rs'^,s at„it ,tt.�t ,s >?u r „s�,X, stia'.s..a� t,t, J° ."ic, .y s<i' t� ,"d is t'f s ensure that t°a,t';-4cttttt e and"Matt econorniikc o,4n�Zp,.ts.La,sssd'es gene-cited "si HUD afssisi ".. e or El) .ai „qs s:s't d � pti;,tjects covered b Secdo"i 3, shah -to the gteistnt extent mst ai.,b-L , tscttd to l and er,ir Pox incoote � persons who site rccifdcras of tS.IV:, su as ststaticis fbr houu&iti , 2 C. , is Subvecupi, dr,t-will:i'eat.t<st ns. ",.atsg`t" rocs to.se�,ad to each 18kabot"st. .'ss„i +ion or iirl,"irese ,set i,t i,,. o tit st'„3.,S`s xr„"i;;§ str'`t'€..<kh the ss"P.:.nt ns..:":t:a.,z'"t.'has 'nan 8.ot.lect.hr t axT.s "�. '�"t"��:P,t:.t. i' t other' ;wit �s 3� t i r� � ss.�..is€ a o o tt t use a 4 sis �rkn&i. aitt% aH CL $io i6`:t stsi st-g t its" lab—or P:t g—&4,t hat on or asvfi.,x re prtir;tciartdivc of the i.t ntrac itss ,*a,inanaaiaes.is ,.telex this n ecti.o n 3 ellwase,,sa-a w&;ilk post i,opn,th of the nod ,.in a:°r-n s kt,'cttti<ius pleces rrat tlhe woik s,to`sit,ere, fatful CL "�-t"fip'i�i ,,ve s and ssp tLtcants Re Kts,t;"3?t I=t t f'k t a dt t='t pi' shiciias can see die "stttso I,111-te lomizz W,fi tta`,.t«"8be flne..'t."E,t`t,.n 3 p4„i,,,„i.'ti c-c',,, shaR..'iet t:t;rt.1 :,ts .L{ias":'`tt'.=tt.numbet's:s.'s-d job Was;sYa<,c.le t to Mc,..:i,"s?"tl.r"xi,ii.2.'t","of t "pre aisi:t:s1ii at".5 . wtsining,positions, c ti i aI'3. t st,„ t:s aft` i;`?is ii and do name e at, loa,.t s:tta ia`1 the ,w9"+orv("i i"stkwrag,applit .A.r,ns n i"t,Tech of the positions;an.d the ems-. a.i.r,s.bsted date t'..a ` d< .shaR be,, .n. � 36 Packet Pg. 1774 ,:£nnuSinn Pnwxlema 0- DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e EM t o.: D. ,h SI`uIcreu,.a:m.aar„ Ma.*1a,'I a lsi,.aire As F,ra,s.ntatc-nars`E to include r.%,r,atiae�.sa.a'"<z°a aya' S.cai::a,l.,,.Aas';ctknd .. a7. ull"da ,k oaacti eul,tiCCt av a,,.:7 .z ]Mnce with,n iladc'ns in 24 CFR pan ..M,and q es taile ap Bpi, at a" ,.on,k as "asaaast+a'.e in start a pphicatil y a UarS ssaaof the s'osrscont as .or in tl i"s s fi.a,.a n 3 r&use, ap+on,s �c3,Jnpr dtea.t"flaw � S,,abcontmcn.xr is i;ri viola Lion of the An 24 CPR part 13',t", Sdbrec envioill izquii,;;e Do's won't aactors to no`➢::aubc t'w,, ,,, an-y subc rt, actor wrh.ere the con— ctor has xaofice orkarruxile that the yva"sl:s+wv, n,trac'sas€his sss"e a,ara a .aa,vitAsuon of d1he #:eg,%,Eaajio As An 24,F7 part 135, t8 Il The S&rN#5nt ff i 5 es.r e,St;, contractors a3ctors� ?aa..ri#`.q a`tif` r°," T"IC�Il +�`g'.=as� .�� � ,s,�'��v � � � 4,i to A �n u � 0silai,sa�as,&thatr, saalt""d W mt�im,�':i ldh con-s�a,ca s.as ciccte but 3„�Y,f art,:die n;°��<t .tom` execute,a.t ul i % Ea.,:=perso as v,„ he.e ose L,4.a 45illas.aa a`a f ?". a JaR,bo,,r,"a. W 24'CSR part 135 re, laire exmqibo e:d:t s rp s sash eat to be direz:.el xoar not Elaa;`d aa--�a. 1u °seam$ the+,acint a rasa's sbl i a==a unAx 24 C R p 1 3; FF. Nork�,cr npli.�.ttce`ha{ith,s Il m as fi's iralx§:tion 124 CF,rs�,�pwa 135 am.,- rent,t in sari--cdons, .ee.n.. at ion n 4::"..f 11us cot"u'rArcr f,br defatdt,,r and a aaluas,a`a P.it or sstspen sloe h.f zm"<'c cur l;s y assisted ccxtatrauti a s;k ',a3a t for a,� aaaasa� a asansl asav«,saa,r"E""?ea„st xr suspension, o"a Ltasr F .,D ssiS:r:e ,cosz` a€cn. G NXIS respect to unik a nsce in,a onxiecti aith Secri Ns , a 2 xa r n.� �e 1"Y of the a,`kd a SeYv l e a.6.n: ,a,.".Eti,..fssa n rJ,d,3.>za.Ctafa ;i`Asssa,. nc r''ct(,25 US C 450 ) also aapjs a s'to el.a ,,f,)P, � to,bc pet tail,"_ed uiadex i1 is co trtara E '�e's'd.on- f', ') a ., s, s mat➢w5 tile pp test w ext xi , fisibl t p a fd t-,a'` _y: t t ofea Ca :sa s ds h„t,tliskq,auta." #a.< f mi%shah be��aa f"k' to iuta.;s s;r and pfefevence ha, Clip akmat;, of 0 contracts and stflban'tr cts sh ll be gionto inGuAcom: unit,x`lsons a'nd affWya cd Ekonornic aausT? 'aPvas W partis to fJa,,s w.€sa"ea`a,:ac at saw s; subject to the provisions aaf Sectio-n. an d Sectio n 7f t agree raa co., ly vi :, SePAmi 3 to a,.sts in xinn.fa.n f.aafis;:n Wslb;St d of saa rict°ss"'"a":ion of cornrIiA--,-,5,ce avith Section , R Rer cants of HUD f6dord, ltmu,,.ci? ssss, cc .re'all h,#.cet s ae fr`s 1. a ss y uE.afi; cso���ss, nu nlKe s,r sera t acs env°"a ono�s.a�ailcs vit `3 c f n a_., a.bui€;€ t '' CYTE 13130 :y'dg� P,�"ad a a �,� ��, �, a. Rom.`[ Aae..c�- .. ;�fxbas ��s meeting a ";,t greatest extent 6eas.ble r3'assa ''vaf earit,), N ( ) .tea f, lsae las of acaf'o f A coward fi""=?'k"."fsd..saar'(a? leaa'—Ia.<q.A t. ks"s,.sn 1a eak ancl theirrti, a;a.` actors as,a'sal, ,_unless t:a<ft, suofa .-,'".aaf„t 3,°.a.s sf's r" aa...� d 4.:a.....d''t Le d" e Yid° �' specified ,r � a g as 4 �.ewa„ a.�s � �==aa, s �sU �.,�a "�._ ,s#.-,crass � E.,13QO`s.'I noty a.`.ea-;..f.7is'S^i lia e+;,,,.„nrri!slaaa,YsT;:,"e a+:+7ffi therequild ments o.'#�"this pant bry s,";°c`",smmEs.aK�,,�' o s, la'2`s° cti-ion n t8 0 caster it"at of me ,a.gFgyte;1aaansrral„'s of kass"a i a fss.. �`�4+,;, one-yeax perind beginrifing N {�I) 20 peacent of s as t,aa�s�"fi . ,aa.,..tbe o "'at v Boa P s aa�,,, x„ period sa gfi: a a$. ; � in 199fi and III 0 a,`-'.."i'c,,sra:of xe sg' sa fk we* aas iex of nesr slsUss s„r aa� 1% bt"uperiod � a.:asa sk in `Y'1997and contilat-iing thereafter, N ,. .aContracts. Mai mica.I goals set f in s ax a v h ( f f this s ,atsaa atF y to contracts 'w ea,t, ed in cc,,s,s"secti"fa mviffi sl Ss,t,.6 a, 3 anamd projects and '"`)ecdoaa a,s."as'a'ed actin j,es" a rrac, ,i edpiftIt and ,."..-`?a 'a"aaastl:or, and subcon e.ah:r (unless die �contra"a Or vi'arlox.o ova Ww"alds do r,,,rj. meet s G:hm r�2s a.s fold spec',fxw in S eaat'a,.:a 2 „ s kdf may demonstrate c n,A ante iviithr 'die ist",qua.axT e, rs of this pa` 1 � s.„ta!£='afAnlfa r:xa am-ard to See don 3 Issa.s?resas a',.an errm a� _ g, daI' ;At l..ca€st O petc;aa:f'f-a of. d�e to-nd eµ a..5.t t.:":`$,",'a"i"f`3.f Sf,,ra'-of ra ecitik:.'an 3 covered ,_..:ass'uta'act for a t Mb s trades v'r } for mainte c e, m :t > s °� f a �a m f e° a� t.� as'd,a public or Iafd,s„vaea, �faiaiaa���"s, or for bruiltking s des `Twa's,.,t..a'. s.'si. "' n connection`aafw`n 'a-wifix l'1r y w,t 1. > @ ,.e ,J) to f£.,n,,hanhg co s a'auca,.on as - other�ppub m. cans"€.;saadacoOrAa aa'Y.aa"l a,as l,w asa t (.k Pa,.a:`ce.nt of".lhe torasc.doM.x a"a..as"ta:,?'s>a='--,a of.a.l,�.s,,,s>>ha.,,r Seaa,,n 3 ri`,il.,ra^i`ssv;"'l a;.,ua`,,u c ts, 37 Packet Pg. 1775 E1u at aTRn=u iaa+r§rwa t9`� CN DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No..10092 xl. ...= as a.fKK jMwo yt 0 sure that no ft•.:nid.s proNrWed, � nor personnel ernplowed win-der :'" as raa a"rnoe rj atR "se�=as L;, "is`�S' '�rT�,.'�� toizaayt �''t"aa".5:.'t ,sf ea,"�.�''fi=.a�inai<�"=*a' conduct of 76 in the C7uncxaamen" of s-alo lir ,, cqlpa_m$"^nt, I nstnnn:tio1+. and scrizes pursuaw Va W a" .$e tent, &C w scflbru ti.ie°it alhiff CoaTly mot Tw C"nffi s" of ira es provisions in d_' e D 's 'poo.nir _unit polices wrl,,' `` P ,va:S"°eciure . hi&,.f cases not governed by the co E,a t of f€t'he DE ': pr ,amr, e t pohficiic as 1 ,. a .,a 2g f.rv4ta' :.Ca aau = .W E. ryd„ atf €ct o 'a 'gait r �isky_�� ' . . I d,: C u yak Saabrea, ta vt u No a ,��5yd U l eda a ,uti'p a€ap -mot d f6njds<a,iwe baeem aid,,aft vats ":aa:pal, �.:g ve on ,mat".'ilf o t. to asnyr e.Ar on for fc a,aa .t or tatla,a ipti2 "to :lI=In-ae _e an€as,ya�t a t':;�2 emolo-,y a� of U any to , a Memober Of Cong-T ss, aa,itf office eae a'r-lo ee of Caan"jg- 58 o -.;'_ � a„ah aax€w,a e of as N-lextaber of Cork s in ontriectao Aga' '1,Ada zs a- off an y ea eml ontract, the aaaiki.s,g o any Fedexcel grunt., 'Lie makd+:u of any Feel end uo4€,s"f, "t`h CD E a t: a a mto as va coopenative ageencent aarlSib the v,a.,ensiwany contiornaation,tenews ,, a aasva,aa,'akaaera- far ,aaviVrfif cation of ny Federki, "'c:)n',, cr, grant, loan, w .00p' e aaftI ve any sae on, for infl-d as a or aitter d'o'g,to i fluit'1 c an Mcer at"Z0c e+,»of any a 't rigwt a� make ah o um%wa aas',yaa.et S r e 1 fi,yTe oy a away ms £q r= rnplo`yce of a, A ai ber of Qa'a`"ya.d s On c onnecavow#`i','±d tf'iis Fedtral rn ax t' i y lkes i, 3 a xaapet ttive t'"o nta at will, a onnp a,. a..;1sd sub t Standard a y E r':Aage of2 yy a a 54r3t -17 rot2gl, k � of #b.% ca tifi ,m-on be rxcxi«a(le in t1see t8 assAi da ada°aaa.am in al",a,�013a ,Tas w at aU ders!,clur)L%subconmicts,r 1a)grrwa a cont'r-aicts unader ,a t tba bans and coop mtke agrtt»m as't`s) and taawt 2'1 s 1:,,t C°tpents shall cc-rrdf"7 (iv) y3 aces ce, r irat o..n A sa inat'" ace,irpircension of fiazt ixpow whclt� rdince ums p,ced � a =v'.enw, this Lrannacti n w;s made or a tfr�daaA�, arv3asaof of d ?K" afiCa .g= 1 � req :.ace d by aectia.`}n 1352, . �E". 31, U&C ' y rwns "a '°Nvho ails to f"ile the remcl difi°ed as4 5 oLta shall be subie t at,, n?a 3";Y"ii"ay +'ewalr of not less' 3, $10,000 and,not I?aaore U € twice$100,000 fiw each h such aaa airea> Tla,fia a"9,".y3au'e4:,a`aaaat apsees t;laaaCa funca,paaoauded avSC'dv tla='a v,,y"rea:ane£a,.,.aaaa 1 ti„''««t be dvtaa.ra uaty=SaSmaaly" vehjjWa (B aacdvit va prohlamd by 24 CYFfi' 570.200(j), Faavl',a:as Worship, tvr"p os £ , d on. � i, �a's"�at; .�,���.< ace:�.�t, . . �.x. ,r -ata ".,�aaa��iat� �.� t ,.,t c.-aw.;� �--.I...,.a # R,=�"-ai'. 1az aU a "may Lfad.st G =a yCL ssjt" rw ita x liras-i:�.`i"ions in 4 a.,y"'y`a. .2 evera 4yao � ty$e�- t.�aau"a;;- a MR n a.o dele,gated i" a,reqWiterr.exat I,,jnxier ectiaa+a' 0 4�kg;a` of the y CD Act for t"ervi,rtvtx"naa a=tal review, aye ssio n making U- and r.,tac)n see 224 CFR pan 51 and is no ele a ed the D- O's.t..a,'..apo.atar,a�k''a�'i.ics�'t".=P y's ibaid rq""y ayie St'a>tn„� 'S=mCL 'cundaar<fife I.-mroa,as,,ons wt 24 CA Pon 52,24 CFR 5 ,d,° kp ads as firtuditaatd ns on ;t,a;t`a'aides pen&ng cleanutce an apeca>t'.a.callyt` xua"!a.ta a;....i'fi=€as".a.,c:.E'`E'.,.w:a ts, of F1r�.3 7D af.:,.aY:..dds «.,.s, non-HUD - da by� any p '-s.ai:�.,.apaa.a`a..'t in the de°da1'eJa:.ir::3aaaent:. .. YQ.,t:."..ess befiaxre corn xethionn of the !rimaa,'w'rntnental review, A vio 'ton of din wa"quNa;,°ent may result, in s;,. � a<i a- the c v. She 'aces ate. " his a< issued a N Use a€ ha'� taa.�a`£ a�aa ..1a1`;: a!'�w. a.y Federal. ��a`aw":ae.as itvu �ia` �. y .d�,,.t t&,.� `a�§at aa�f,�r,,,,t ,daa �,:9. �',a.<t:�` ta,a ors t�va�`�%t u U Packet Pg. 1776 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e . " t NoA DONOM thmads NIS 15of t.,, tent's a1bru issi.«n of did igpdred documnension., DEO sl idl �prc vixit,. the U is `a#.e4rl #nent a a�"�':rf ten ,.l. a aatd,N akrdku u#.status s of t e reri a ta:#cess. a U7 r4#tr�=�'..S5r, Ile a:Y,„1O1"rc<:.cnpi uXlt S.I:u +l cc f� ckl"��.x d_�f`-��,.�U2 .'���`w�..€...`��tequd.rs,;.�)°.`�,tl:"y�t.ts s(.�-fil,«,'R ��`�e f 2 lv ,.o the��'¥'s.w?�.'�.� iE:,?�. f �`Y,;.�€,�y t8 s d�S�'el :fit'# a AL secidon, and 01 (42 110. 7.6Q�, and (d)'; and (`gy) Detcu cnf r' � o NOW =d"nions to Stan ar Fn'W fga i,x,..,'Tl:,UtLSir., �5 1s1an (Environmental Protect ® F de<aan.d€. da k a#ter ohlurdd":tn Cu..d.#`d.1"i iD Act, as sua«<1",'Len`ud'ta,da, '.Y,°,IY U.S,C, 1251, �1 nd� �y, a aS,"..f�a -nded, i'"duc !:fig the rC d t. 9,a 7aen e speed t C m Saction 114 and Sep," .od,.a 308of thc F-": A."r:rter U oRa.unkm Corit#"ol Act,t'a as arnendd t o and W reKLAIa-duans rt ad ucie,dlinies issued 0 e"ry Sub �""€°;ilnicnit GO dkyt r aulth d-k _n"<_"# ato y flood insurance jS#T"c-h ash f e tdoo 102 of u 2 u# ' Disaster floncticsa Axt of 1971 1 at,, cu f n&d bq A'he Naddonai loo This-urstme R a forim Act of 1994, 42 USC 4.012a, dduti."fuaL d-tc SuCb.ea'ne5laad ad"sa CCKrjAy''v f h Se ion 82 of t -Nationall 11-bod Insusance B OMI An of 1994" as a# ata., d �; s (42 WC,. 515�`�'"a��s.'t ' dusk, un l des a pr `tubs o af d;-m n o provision d,.o floo a d isast t assistance, d=k#„dfinld �4:6a== as ,if. ce' aS l �s£ � �" F� �a �r.�G��?.'Ru"4t firUM-OD u" �.Wo! f,"On 4 a" e to any p �..`'son,,,., aor coA eS.a.ia drope.<."t2+ if dtaat st a.nu tI'."•.us,has received Fule-ral flood#. ,sau;trnz M adasA a5n:"e that was conWa==ed orx dce personw " h- r� � d y�d L ti aa 5 aaw and me� arson 1ma u� � � gam'= � NO to obtain and rna a' rain Ploo inurumi ce as e I,Gatdar appl'i as le Fddaml SF cn�a siac a prrgrPe:`fss, ecc-ucnn 582 iu.ic) inch s ,s F tesponnsib y tr) v. tf� r pn.� a;3�' �s �a �i .w r a,d€po aub..1uds, 10 notof ;:Fmmhesms Our t'&'aftlstory flood #C:#urr'I.ass r auk-e °enni, a If urn these regMunnentsis "dvrrE.�a�jw e o'ec z1 � a d a c 3" � v ,a .. � Y..a`�`"�,u,��''°$.�„ ....,"�-,""s a,.t 4'. `d's:. s.� x.�.d. :_.<„" :v-�,..��.,id.�:.''s..., .i'ua���A>.$:w=d`tam%.w beg."Uning of tbhis #.ucasc—hiuu�nt. he Sxnbre idmr, sh*01 frjl;cw DEO iapprroved -roce6ures %v a respect to CDBG ass:-tana.. ffilat a 3LEM is � 01jecgiv'ves ,and a�.�d+uka td�"1�F��a&,d.�s d��<'dix Lxa.d2 Ba se va,!'ra �aorso dS S 'ri 'r'-fi n, Act (42 ,S,C. 821 1;�`��a�; the '�<.e.$'u�3,"da'`a".Slia], Lead-Based Pgrd.rdt Hazard Ati".t of 1992 002) t,:"��C. 4851-4856), dm a g�la,dons at purt tla`,,skuzu'm 1s A B,1, ;a arid R of dra s i C. � Ile e Su.' sient ashy-, c ���u� "ui f h . d�a�lO ,,.< �.'v�tt s i�,%�u� rax requu-, nents set o tia-in One'" aldi:#nil ��1 a.` ) u a ' 1 s;di a`s'" ca Act of 1966, as ranee"4 ad d., codiSed V Ede 54 of`%-w United S-2tes Co�e. , au'ad the procedures res set � 14 rda in 6 CIFIR1 L 800 insoffir as d '° i# y r)dhe fid. lsm a=u a' i.:k#�l adaa this r6,„'.'qdd.:d..es con cld."'d'a..t.aa.a,"., Emu-, the Swe flistomac Mae1"vado n OfEcer for all te-h-i.lad.{<adon. And y erni ol.1dt'n f RRn�,a hgg s pro i' �"propd.� e that autt".n a Fc ::J�h o oW c %u� use 'i c-lu4'uae d u s is,a`'�:d>�d aQ Wrdd.u" r ���tstoraic u4Sop it, list, q V CL CL 39 Packet Pg. 1777 k:a;PmaSwn ErKisdons ID. DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e .DRO Agnem=t o.:;10092 Attachment F — C1MQ Rights Compliance y Fair HousL g r5 Son s'as ., far the yrec a t of Dlai ffinnds,the k`ireal en i 'tiara certify that it anti IfEirarmt, M fort er fair housing"" is as,a G,orouem nit',r, '1he S larec1 :ry tf. u==,h..,l enroj,d,st,` P. its coi-nvanluzwnt fn uuRk,n 01:Y t8 inf phwe an aad aa kgres oltitann or aid aaa thatao" n s a"�� Federally proteawd classes �; ace} P, color, tSrni na,.sty wnwy h an dic-ayaa nat3`n .S f a l ygrxicn,-, ax d sex;; > cc I Designs an e='sy*kTm as be Fa HUSil g C000naUnWict is a � itIl 'afro ,v"-ni"ar fixwi es it ad � to receive ceive fin; Sn , Ca s fhjblish the Fair 1r G ?t f.n £.,a 'an sa 4 n,.. S..f?�ta:a t zcauen Sa —aa;aaas_naaa e of" qua cons 1U a:.aa"4,a.d5. .%atff "< the �"d,.' ,:P�.,�s. J'= 'fi9 #�. -."'a.,#.4�tV.-a:`I, SO .�R M1�«,gple i� '"�.'.'-:'a'�ir` `3xr to caji to a#." `, !he 'a.�a`il� ,'ax`-�°` q-jestions or,rep'ster at can a lat:naa to an a�'`CIII 1naa t�aaa aat c post he i�oc)r?�°'!:a,aor's G nata,&nSa fbnm ,.,d.,.on# c.h amagitos,;r the,aw azt at: tfic horne page of its Sx1nba"watq � 4) Estan nh:ea systerni to record he faflo-wi, or a acl fair houskyj W- . ee frattme of the nd bit �`fe s s,aan s »time» n"a:an resp 3nsc UD the d"na � Ifpp the a wale.ana�aa oefea t St `e' aata titer agency, the xesultxobtained a tike referral age g-,riqy, t8 p Cond'yact, at Ilea°6.one I'aa,h wnu#ta=aq ictiviq,catch quarter, sa%a°tlaiides (soc esu des �.t��fiFrrQ sha u 2 � n�afa aa.y na"us ost rihn the 5 I i"- ,a ,Offica � ei � .r`$ a `ta nyan o-wE�� wf,.u.aaan.nl.a$n in fir��r" oaN{aimg a6a: vity� ,. a4",..nabw 'rid—picat shallextwaxe t1nat r a - nF�s3 sit-ig contact�.1,�ua'sonF has T" n vJa.a ryann ra naa so a�aa, he/she cat.nt y h anna' a„ a.znnr ous n on in n�.a�es �,"3s a=a�f?:;�i:�the .a.r�'i d,a�::�s o ���=e 'a`via"' a tc d sale .:��, �<.�.�G.,,& S' Records`�' rt�,a,� .�'a a F _ �` a 1"' �., w . =vaa".nw nfeta3 1 n The contact w—fll' help; dlae a mrent;a `nail m falhn`awing'= • 'i��In?a� +���n;Y"==�,1�� �Y..afin�"wnt'ai .rn°�ma�fta.�� Win. u�,�'a,�a"M°i;'t.��. � a _ • Help a-be'co f anrs"aa ni rneaLu;c the z`f ial tiveaf:s of its o tnama 3n Wkzu"o, mad • llro p aJ `: the a.aa.:�aaays "<`-van e�. • e a�a'at t t aas..n,..�.a".fov,.a:.=.aa"ationf n:�t,f.%ten e toed vto d .t?gaa o A..U.d i-nap£,en.°'a'?,,' fi,t stauta.ganaa that i Kim n°?te fair h7wi g naj.3e&xnefnts, E ,.wa=ples o t'raar he-aainrg cacti'an%=es V �� g�ae rffie aa� Q i� -- y • ya§. rain'"%houahag pTesenuttions at aanhooll sa civic citz1es and neiglsbor,noodassocjatinn trnee i a,ge; � • Un ch t g a fix houingLai"n 'n ., conrest of an essay a:.t.ente • n .ea ring"��a �oo-ii. , antas dis zibu,x' i �_a�aa�.,g n i'arids ia.,:=i 1r- a , heal, f k` a n.oa,#mW #'"`; n "n ts, M 'leyaia`i� an ,u' aaa as of va, 1Y n • C nrwaca3na taaan`;. o ta nFa" Yra°ne n av1 .i 'ntn t"`„a: aa ' a , fa .,irs, 5, r �u mortgage a-n`n aassa" y TIP1d neCS,`#'a �-a :: t.e xa�y"�,.nd#,-: �.'.�.�.b ialai nn"'rker t,::�c.tn")#`$.a.a.„ntidaia,wn3rrs, r rd n u is aaa a s't,,._„ a t t ac �9na a� r `sh naa ago k ''a:�n s accepted ted a.,+ y y t a "� aJ ' ..�, ,s at Pair i �inS.»�a 't£e,� "f a`�s n� �n ga Y t8 an&�. O—an owd a ir o afti a chranre as an insert voith a.t i"y 'rants Nxn be gcce�ntn.�'� as cart act-mr. ,, � Plana at Safi;.. to 1n 9 IS r` idings does not rneat the reqa,ndemient-'For € t hcnusLmpz *i YG _ yhe Subrech)ietit shAd 6Qa=a'inean{ n e" a ha using aaa"na t-- a fit keeping photop"a tShs,4smsppe ansi s 2 sh u n sheets an a.n".n`a es of l`a -ndoaats in the ate. SB( 4)R ss",a"fi`ject b5le, and include ns3.an.Sna�l.aaaationi about tea;" acdviies in the comrmmnient secdon not &#.n,Y terlaa repo CL CL 40 Packet Pg. 1778 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No.:092 U7 ubcoi"ttC"actors, kvua.a.ea.,aplts a d c1a3"#,,a`ultat"as "ifit it 11aes 'scars.= ir1DBG- R s&�� abide y the Equall Emo,plopm,ent Ompozaw—fty , �* of ;"l 1.aWd S" tet„ ��"me Sw�Irm.,�.� lat s'�a�, sla "�fir�ai11�`��ulw uts Each oci- ienst shill Wre is s k _ t s G w On*, t.1hjl, S or c$ra.0 a(,aa`c teat pxr ��£g's is a� ��i s ts, E �,.t 1.ylc s �J.ind tI.a al.)-pld.sfal.ms' „"�i'�,°�§�u',..§`'�,�.3. .k�"�`.a,`:��o {,s t!�.�'..�:u;�Z` ..acto.rs, u1�.�tFk.��J�.�,t.£`�..".rv.f.,�i�."'°wr si-�k:!"ra uc`mos.4:xas "r��` d dons h-'mts &3`.»M &-'scriisdnation in hNAM.� �t���U 4£�� �f,r�r� ��`£' i�3' � �. �.� is job� ��, .,. g, C!".fir afil Lion, efie {£' £ 7d ot"#,e aspects of say "x"`%�n., on the basis of race, col , r,e4*."n.; sex, i p .i,.amst the EEO Coc tiaar£.ar' contact inf a 1.atio sadmrt'e:I di a nemnPaperofgo'-w`al l r,:.ulatdori ,"Ye 4`:ak .�it;:i. .sa.`"+,�''n.„`s �f tlris'�ict::�s"n so flat �.,ec"''�,.�5£,e £3"a,-ar` Asrn�, t chi to ask .��«... an,,<es dons or r�.`}gist'„'�. a,g, of its websit and � m a E lL yak, , Y record a % J s Ff i a» ' , ",, r e nusioze o to caJl,m "Me rem"Llf- of the actdcmn taken, ommed 'bus 11ess srw££#.erpi^s sM�t 13 d tlaat o_er.aate in as segr�a.:F "'he sub- o dip—Jeri shal, use #,s List to 50 tl.-.o<'2 parill f.. Is1G:'..on M- ka...S DR-f't lEiled con s£..",.°smdot� '..activities uHYtr.".,.shall p£,,.ot''i.#d.c Est.copy o Ib .fa lint tc#t1ae Incirne ..r ontnlc or"''') to sew]—min � Imes sWit-montris,cto and cor-m{#."ta ni. e d<aad)a t' 7£:' ,t ofIkungeawnt tera_ims Maintains a list of cef ? aaVl yuawad '°altoafinenur.k*v1'ed businesses dwit can used to dervelop a NIBEPMEE hat at the hAbwhg v o sit X Section 504 and the Americans with Disabilities Act A1F)AA kla=si a`most certify t$"a it pinvides access lies a 34u tt,. k .a # P.s£..,.r. its M cornnn'tMen to ab-c-ic bythe Isrmum ?.��row'In ,actions listed Mcmv The Subrecliefit WE U V s Have ,pLwe a rn;:so-bubo_=oronddinwnce that Is designed to eiiinina d 11 s.i:iina3ior- ga 1�st cal'.U person =`3£1 a yea_S a�`"fiq's"icad orof�.i'ial'�ll'�'�P a`a`neris"`, xr �.c ,s.+,d�s��°tantiasy a Cs one OrMort", rum w't� c 4 n s U ,;d . w3 Has ra.reCnor'd of Sua;.h ?-"'11 iagaS#rawn;C-1<'s Designate=en 1ssim ct, as the Section WiAM C c :anlLl who is availabde dimia rt dar Lh«n,a,i es rd Pubhsh dh.e Section a' 4 1uk% a nina tw'`s c caiitat unIRx a ha �gpnta m t �° tiy E w {"cu i it ion n s°#{ a. 'ma`.`%'a lacy Jwasry s.Ej;.`tion so a aat people, :`wz �,,m d. ��.�� a� � £;%'n'} .��,$ 'l 8�. 2 'ue tit£�'i s 1 ts'£" p1 s" S lJ a l�F,a° �, f..,�w� .y,� p. M � g c r # :+f8..as.5.h£,.:; the �a a�a�#G `4�.%�'4.� �zr.�. �,,�f�N�}.�1.z..fi�3.�.p.A�,.-,�.�ra � a„ mkt mf'ct 0> u r 7Yax, aY R 7: out on theaa3, l of n sl a andLU CL §`) lie w racd b s taken i:'m}s#a``Tf'we to F It ch and ,1£m.r„rdin'••lulu of tlae a`a3d,.d "s s taken',,, Section 504 d ice n a -in s: C � 47 C� t m � � c CC CS S41,11 � 1M- 1 la°I � a x � asp �. .�� activities an a m a � 3�; ��� and k� � '" �C.�� 1 �"' a..f. ��,� �=� ls��la�. 1"faa" �?1'�s,�.���A,£�3n.ra 1 Packet Pg. 1779 F x nn-sn r:f" aa..11ln M-n='2-a y DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO .Agreenmt .:10092 o-eknaam- a Federal max d fYnnnanV a C.," daa ofu ' at, h s a of assn tance maq daFna basis, of U fE7 • a" ,. Deny l a.a anf,am„ of':.5 lw Cne opporI7,jmto Sara :: Ern a n,a ds Federally a.,da ad f 3 darn f,f„an a ® DFEa access a Pms, serinces, benefins or opporrurubts to pax"fa apate as a put t Of Oln Ical b aaaa "n;9 or • dfdny enu 11d, n 1C d t�port'fiu.-n es, .c hiMin r '�:�1";= b(.o n, `.:.- <.n.`g ."mow i nge ben Rts-, f�h_ch, th 4 re�:at -;aLse e a rear £�uahf�.e.a., u 1'1,_c-,kD ra= a#a .. ?,Fiti::H, ,"pert 35,, ,gin hle ill, ;� RIZ pia � r ib ib �°§scri ��`,��Rt r~n� u u on lite basis of dim;flbihtv i3 ";s plo, =ent'k S f:a and loci �,�;;' vertu nett., tmbl c =coY`Sc'h :'#oda`[a"'ion„s, cCmmcrci.al, U fxnd"';l.a,aa , tonsp rut'lot-,,end� � G��;.,��`����. �, ift�. ho be p-rott.,cted by the a D-,k, one rx-yust have a�`i,�s"s k��t or faa-e-as nao"ti""7tt,.s a sr GaaE ., ssR r i _ ' 1 '�#-iEh a iviaS�s sw+ U Title Il Covens `r' � sstivit-,'�� £�� siate a lloc,%xl- s" n' aaa2 s degurlless of the g � w Size Of n aeipt of Federal fnk f n�a 4 an � � a„aa �xa� u�� � �i� � rt �, � � �=�� � � equal Oppof;d t' n) benefit can otheir programs, services ad aCd es �-.g, � aID'Ec F>yduci o 'a "nplo a wn ,.a acaead � heath4 care, r niT-d, aetnacea % af; r' otir�., n tf s n n �b�ge,�,, Sect! t8 an. 16,ac over .en'sa sue a a"Iasa ad to b] ''fad spedrin are".1 ftecr=T31i ata.,_slart ,a n_ -L fie'#fit c nw,r.ucdicna z sa,:f d ak,.a..5.a#,a Sbid..t.:::=;w`""1"heL- .s ..c The�a,""also r!" st P'c,lr:.:�cat prog,?.a s.ns a s.o-cl...,cr rise prtea ts'.de access in ea-sa ucesspble,ol.f"a,E';.;r 0. btii'ldbings, 'aaadorxnadmJ,';cate effectively'auk_ 3fs'opie',vho h=aT'1`: 1-leroving,visicm orarpend— disc h=..ades; W cq,r Rnntted enartfa :a :er" b . stead of courses and exa a-<"D n tIrm-s, p-rileRstel °pe,s-ved' transportation and x orzt a'.G,,aiad' ..Xt" "Ice, 'E'u7blic iad°con', aodatio*n sr jsnikrate sf'==-`;de a ao cy�y'a:'a E'"jse.'a.aes tri fD, 0 er,sR.f Fc4� n4 such as t Y.ara a a�nf., ,ra""e...a 'notelsa zrvx=e ,1ke t fi`s,prisrate sa<=moo'ls conTrendon a< n,.a.,.., dtad offices, J 11,ox-n ess Shelters, rah Ssportata<s'n depots, ,aoos' fianrs,-A homes, day care centers adt.ad recreation fici �.; n"ludun ,npoafia =fa2 fitness s. nan aan asi, services i,$ d t ; ua a vac a U7 s.<&i,a ,, tad"'Z nt c 1.1, a Section - Economic Opportunities fiat ajai l Venry Law-Income P ) � c I ?�.,.�dnd.#sa�f;,,�3a.�.nz.i shall xt"l r.a�a..#" ,r4ae its CratnadwLn).:.n to hi.�.:' 6s#rnaiv,',d low- as==d, a"C"aaid;tatx"sa $uacsuFFnfi n:.sEd %s fa` .k'17,7 U 'as d3 ea tea'gat t a t;n ab`on CDABG,,r-DR-ffindcd prol ects in the aaa3nean a ry,. 7—lie S#i brecip'ia"nt e?a1s.a.iL,contractors 0 ahaH keep rme nd k to do ana.t 'ae aki:a':"'".dr.e of-'a' 7- and ir,,r 1 rAt "sn r'xn p.aa$ ' wlm are, ,f�:s;,r t �u c,,fiz on U7 dam: B�....ii � `�v>_.. �<h,�,a;;:d p�`a�'d,'�.::nts, �"`s'au a rd„„I.aa'.:'aa'.".. of Ida"#"t+ rand nr.sasaa"„a'!n"ta"'x{e-..:d:aa,ar.�ne rc,,aaaa a..I."f?',z°.. sn,-o ,-re hired „o ` or', of the r oa,G.c f#"I'.Y.za b U1,,'1,lat conrA"kar,nt sect on of dhe a 3 itr.,dl re coa't. The u.l-o,'nn whn[v: fa>i a to be �E) GDRfnuaCa .Jactaa�4 � a � — d 100,000 pCL Section 3 Clause LU A. Ns a-wozk-to be perfic =nea iu,,de"�d"dfs 4.a«na'a,`:s Ct Its s"a s,'f"'a"t aY thtt"re%"ru4a eerie tz ofSection.. s C tiha Housing U- anai Urban De elap renal Act of 196%, as ane,,,n'fded, 12 S.C' ,C� '% � d T nr CL Section a 9 ciseure s.s<e Gaa:1'n1d , n£df<a f. r nda� a��ft�;"a: t,c a'norn'ta. aw :3&m#3'x' tea`6 ,ge'l d fin,-a.. a U a ssf ,'f.u&a .".da CO or HUD-assisted pzcajeaa.wv cc,,,,- ,fi-fi. by Sect-ion, ,, arh;cL, to the gn-pa.a..,h'¥"'a'`sdi..ent feasible,,, be c a"4r'<`a d to lGrx and verycorne persons,parau �u of HIM aaru .as,.m.aa _or aaas..."in=as 42 Packet Pg. 1780 I:.,➢aaa.ti:s,•em m oAiem:m HI, aat :t a& ,rda MAIe DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e PEO AgeementN. O.:'10092 B. f he, Parties to ilk-n co ttriaca ate" "Ce Comiply, a nnla 4,130ss 're xsaisons in 24 7,..YR Imart 35 ' 11o.—f ru i`�l�le xmt'"Stec, on I � Prviuhti'a��$ed by their z cc uet ica�'° ii,f this c0llns"Act i ` li a certify ba sai# .t z .. �Fii i.x: s..w 0 An ey t�; a.;i=S n o£an.t m n n"s -I ai.h +a fl@n;t�ai ti pliant si em d rex ent,.sYC i.ia-f`rr`8ro cn I a101, �� � . =e oa4 tr cror agt ecs to send to ;'.uch Baas organtizativi f on tep-res::ntadv of /,torkels i 'rrf , ra,1 a 6 0, ectnent,or other �n. #chmag, aifPy a rmh i l . s ans 11ai ai-r E n ,nization or workers,ars�:i ,sen.xon a of I a t,<. oa!'.a`+,,Ct,c:Ws Co armI en's ilaat<e d-ds e don 3 dla ts--, and C x n(l ua&kS Jaa.' a n,,, t,ic. a .s n,$aS' aY „z+; ` .t Yak es asn i:ii a ,i" .s"I s t "iry l it oye t i: trainiM.3 ,, and „CY=ls si. n�",n t pc*J ..S S Ca. rases tia n'a� a:` nI'l-m i�otc .i=ncn l +as.sns,�anse r3hie ,�.Fecdo.ni 3 (U r slice ha ,,a t ns ,t�l.a..as4 =i`isni Ebs �s� ti,a,job ddes si�bled iai h a ntdal ' §§` of✓nni� i'a� as+ il; an ni.�. n a, ,� i=sr'k1," `ai..,bssa.nasin"?S 'ie Shs1.:i.�.(.fi�..*s.s.�,. :"!si t .�i<�,is:c aixi �°.,.�. 43 !;i1,fg and£, c'�:.t,cc.::.'i o ��fe De ck ' a y.,r�.p v eta�. w b.r ., ss.;n �:'ak'i.t...�"�;sfi�!�°�'4...s, �:'ts`i..a'.=t�A,^,: Cb for caela offfie Paiisilit`ns; mtil S attd,c,saite t rcn'k,altall be ss,'" D. The sFontr cio agr-'es scs i.n;a�laiade i��u Section, l u�use as oerro ' s- i.acc,-,ni,}n is"" subject to �,{gym L�.rc '��` U g "aa find ==s irk 24 .'. w i�iz s air'i yes sixi,: `z +,< ,s.:x . .,< $t r ,k ri i hy.E,i, ., ,Y, ..$ s z Provision of t'h subcontract or in..,ia" Sectm`.on 3 clause, 'qxxi a i"imbing that the g bcos:ama tmr is Ek N,x0latzOfli ,i,'`"mhe i;gullatii7ns x`ni 4 C. — , as t 135� .�l"i� c 7.C, cto vsr,h�z°tiff s,tbc nr �cii.r�:i,e a,,�17 sx,,3a4�i@:.: aH�,t :°`m-11rU"`te n's..a`,isaai"a tars has .t�ifice t.r i r>� s'a w i.,� t`.,x a �d",k.E.is$..,,�.:ii'i. kfi. R:s6 w°"}�n nipn»�rx:=s` q s k:;lisa�a�.fi'.,. 1. :is,...,ln ':'.a.9.=.�i"o"i'#malt t( laas�.it.:s':"�-4 l: un`i .su"i 8 fi t' t ,�fi nE, lid , i kis<,< n.« n&3 si iy 1: i=i s" s �lY}s"°'s a,iY. ss ids C T; l i Y to kss,n U,s at 0. 0. aft err the inn.anl.tra i.},,.i,is sel;�x,ns y but t eff rye alai:,ct,,)a :act s s tecu n ri:,,asn..ana(2,1 svi a' s''iniiiins other t'izsn ossi r iii9'tn the s'ai Emna€)l: 4 CER. pa 13 r'ecp,:rL , s .i�91� i`n�¢.a Oppox rru�asa aia be 4 Y.,..: .z l xtnS i,n a vi. a i 13 6� 's re p la'a,1,io a Lni 24 C It.as axt "I'l""i ,,r a suit rs€ � itaas o : wA sC "s4 � x f ab<},ar,,.t l&sr e.a,i:,"?;kull and el`b rat,.s.ent-or sn'n m n'ninon f',"�7°,>ai1:.a «..`n"sai.�.0.s"3.,.1 `rk 1s'-�`.`gcJ �C'<,n.r;.a c.�Es z, t8 i^x<:k'. VS t,<a 's3mpewvt n ?s a _Su .-rfi;ti`.Y.'mae..n"l i.3,.a s.ot,'i+,7�i'„i...i:',"b i}:�<�f§,;"St^,'.cti.#i 3 i'oi•e,.ni..t'1. 1.'•`€.a y t"s s ?,;a s ten" g�^ >A€`a'ns.�. .a .$'g s.. 'roissa-aif a a �. ,3. "x,s,7'a, a3n. «<, li,a ad.i.� .."`v'3,3 .., c.k,'.ssf`.rs�'i r. 't�i�s.rsrid.l.,3:.y.-.n..,.r;.r�`a:,a"t�"= .',}�n,au^'::i � as.a�S;,.x,., r,kr <s,l2.w.S xl.,r"�,a,.,, a`l�'0q) Al.�.o a,�t.n�'"�#+ s to l,,e. s*>:''`si k 'to be aeafeca:= tinder .iss cont at s3n,,.nif c�_y that to a77'm r mses �e=t Cca 3 i (U l .t+"if0sretriz as".,,d q �pn''`:twwi us ;fii traimil-kg and ex afdoy rai,.it shall be gnrcn to s-"�dlons and I aspreferem-rce 14P. .2 she award of nr"o n acts and s niimonmnaf is shs be Liver,, to ..3 dia z oeganizata ns and i .aa?ta v,-ned � l"a cs.,., i,n c E 'a<i"-SC riles n...: 3 co. .,t="a'?aa,.fi at list, sul,,siect to the o S d r an Ss n � = � ss s (� U rbidagree to fa ajaly '- Section- 3 asae isfaaxxis.<nan`{'b.� te,.nt n`emib e, !'ui.,not i:::n of cony Isanc � 0 tus 2 CIL 43 CIL Packet Pg. 1781 r`rraa,a Q r..a t exra.e.ex$xsuMmuw,U1x.rnUII' ,Na€.`A A AC At!C3A#'mtii.x'ac^,.'y.x11111' :— DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e D_ID Agmemwt o.: -. Civil p 7p t x'rrhi ar. t;'ti1„"�'3t§^s...h r.x, for the !": G°..`y.,#:. ',yi:zs 4ua,Eu.,a k,_,t xi..s.. a a�x, `t,x ,.as,,,..,. f gs.,'.'C „dbl w. ;£ t f5sry 'y x `s ` sE' 3 z e f� ' .... ',:..r,�r .ar szxr.� iGr. =..x .r,`.M. .,wA.�r�.,. Eo ,.,�'�e 1t2.i1'du r +��1"n,�rl�,�rx§l,arfwar° andrrw r rrrrrrrr7„ ][Idle VI of t"I'l' ""'ik z 11'r l;rara .a�ar rr�w.� 6,4, ® rr„r.' r a rrr 1t r�.r r a t8 d's �" "� � r�€ rr -,�- �` � Pr rru cr�rr ts� ��x��r r ) r3a,+.'zf �as r�r,-.�s r' .�'v. �=`��.,k V,, � 1.7edenn,ti fiat di x� 2, rr e r of#-h Ciiin>.R glhits Act of 1964-p%oldib �:..r 'M'tJ � �. .x ,Ie o � � �,Dg" E %"f`3 nr nr.>n' Sex 0 rr r r�o"'..?'Y,r f�?P'2�,+„„�,f. „. a i'de VIII of shads''�rrrrr lrarghrrr ltact'c-: 1968--as :ra.rr.r"'i;zfrss`d 1 iL .l,'1£;rr.aairll Act of 1 8f,""r; rrl � 4 I r r5" E° ,. x �° 4 .�.�, � � % �r''� ��� •���x:��' r§�k�`E�" �x F� 'r1rx F a Hou-mrnn �. „r, 24 a,�,,,1',r', ,a 70 al��x`.k a,3 T"'T"Wt# o g�e= -Mld O l� f' fE rec',wr'�ta � r70 60 r Ra.1 r rtio,N.N ar,ru is-tw rce rrrr lsz,psa.rv.ed 1 e..,,,nsono at 1,111LA levels; x , r X r"uI Orxrr*tr 12892 l tra dr..rrxlrrp and 1,oor izaar.:~mom far' 1 iiir :1S aa3x'a x',,. rta Fr°rlex-,i lr.?.tuagrxr. ,:. � l.x.,u �i 4,�:F U la, sectimn 109 of .-..f.l„::�dr`,S.t��a,nd�:�ear:°.r.A.z'rs., it 1+� �ere,Io'-,rs..��,.,r, ..r..l.�xm..z:ft*x l,rll ti,..,. �ri,Jy l:'r�r. �" �e r;:.x r c {�`'�'�t'+ M1' fix; £ P -«rr £ i`"'�Ye'd a ern, 1r88 is 4 rr£; s der ie tAr,nefi off3� szrl,rjr°a ,w$ s1G �t,trr..ir 1. �'nr a +e+z fie ar�r�' �:arf:'j ar r �.«r r rrl r. a �r.r;a r. t)B( 1 rra.,irui �``tr`_r.asa.sf Orb rac s u{'x rta. ", r t£r N.N�y s or 'rr a„4diortrana fJr'rr.�rrri�. ,..� 10„ Section, Nrr"r of tlae'If' f"n,ct.of 1973 n ;i C.F,R,pas,- 8 er,F.£.s. .,h prohi rI'm disc ninvation rr [e r t of p"Ie mind',r 'r` b''rbr¢ ' 11. ,l N f,Ea rx S Y s6 r 11063 Equal rtFru;err ir.>r rrrV .r r. as ' r 11 b,, lr rPa«u;rrs t ru,3!r:"'tx r M. "a3Ecl r tI 1<:rr'..xl.r2'3var{"}T:i`r`?. .w ;;'Y.¢.C1,.'yr"a.'u.£nrt„'t,"S.C. 0. 0. Ha,. u"ecltir.rY 3 o 'ehe. .1 xj, rr µ 3'',ra rt,ur' a 2r r fi`r ;kr.s..r rcr Act ap11968, rlrr x ry ar' y 3 g r s xrkaren .. r.rt. r x8 a�.a ".z2 rya, rsxid s?�<rurcal l usi"ne ,s Ci:rnt- arrtrr%�rra. N r% ir"� r r rr' at onrr'$r"+C or r: shall ocxtx.rply, %with all of rcae l,'.trts r rt�r and Fedetsf. YC ._ ,re,gulatioxis I.rsr.e rr Date: U- fy �� ` o i 76 County ini tr for r- 2 rrrrre frtRL, r ,rr �'-"vsmr Asa fr' CL rrs�r, n.,' is ' U Packet Pg. 1782 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO Agreemmt o..10092. Attachment — Reports .2 The following reports test be Completed and submitted to DEO in the time frarne indicated el y. FaflUre tO, tiraelV ale these reports constitutes an Event of Default, as e. Paragraph 1 Default,of this gree e t. � 1. A MontblyProgress Report maist be,, aubirdtted to DEO on 1"tr is to be p virlerl by DEO ten. 1 ) calendar Baas after the end of each month- .. A Quarter4r Progress Report,-must be subnaitted to DEO on 1`ra.,.as to be provided by DEt � no later dar ti pre tenth day of evet April,1, lAy, October,Ural January. Contract d Subcontract, Activity fofm, lro=n HUD-2516, currently avaikble at Which is incorporated herein by 0 reference,must be submitted by Aped, 15 and October 15 each year through the 1 E 's SERA reparrr ,ag � s7 tr a.Th,e form rrara,st teltert aH contractual activitj for the peiiod,including, . rtarlt Business Enterprise Woman Business Entetp sc participation. If no activity has tapen plane duting the report rg period, � the forni must indicate"n activity". o The Subrecipient shall closeout its use of the C-I:,)BG-DR funds and its obligations Under this Agreement omplyi th the closcout procedures in 7 Cps 2200.343.Arta ties during ... close-out pe or1 may include,but are not llr.,..`tad to.makfiig final payments, cUsposing of program assets (including, W the return, of all utrused matrrikLq, equipment, unspent rash advances, prograin income balances and accounts receivable ble to DEC)) d detr &r ° the custodianship. of records. x Notwithstanding raaLrra terms of p CER 200,343, arpon the exp` Miss ra dais greernent, die — b ..e iptent shard tisinsfer to rise recipient any, CDBGhinds on brad at the time of expiration nd sar7. accounNrevel .lrl 'butalrle try the use o DBG rasa - Further, 7 re property a.ar°ader the ubte ipie es control that as acquired or hrrpa red in rhole or in p°. with CE)BG funds ryiduding — BG funds provided to theSubrecipient its the lllrttrr of a base) shall be treated hi accordance with 24 � s L-ri accordance�%,ith 2 C.RK part p, should the Subrecipientrricet the tbreshold for submission of a single of progT= specific, a edit, the audit naust be conducted in a.r aaardan e Nvlth 2 C.F.R. part 200 0 and submitted to DEO no Laster than e months 1`arta°r sae curl of the Subrecipicnes fiscal year. 11 the Cn Subrea plent did not rrreet the audit threshold, an audit Certification Memo must be provided to DEO no later than nine months from the end of tlhe ubrer plent's bra year. A A tarp ° of the Audit Compliance Cerdfication form, Attachment K� inust be erriviled to C Aldiin 2 sixty O calendar days of the endray each fiscal year in which this � subgrant N r:s open. CL 6. The Section raarrr HUD-60002,must be completed and submitted through EO's SEPLAreporting mporting systern by July 31, annually. `he form must be used to report amiusid accomplishments regRiding, ernplcytnent and other econcoruc Opportunities ptcmidled to persons and businesses that ineet Section 3 requirements, 45 Packet Pg. 1783 OoCUSIan En Icy ID--AC2U,DIA -iri -V r-. .r'Gr-aimq ii nc:,i DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t o.:10092 7. Request for Funds mustbe submitted as requiredaccordance e Project ru ProjectNamare,ProjectBudgetDeWdandAcdWiy c� forms referenced RVAilable online or upontequest from DEO's g=t manager for this Agreement. 0 C 2 0 0 a 0 a 0 0 0 0 2 N x 0 0 a 0 a 0 0 C 2 CIL CIL LLJ 46 a Packet Pg. 1784 I cu,,Sk,an Envb1cos, . jC2 aana n,A DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t oe:10092 Altachrow tt .� a.,h=a, sukwedpienes fina''s"neial saa.aaaa. 'a°"axnenaa. 3s"a rra na,,aa't a`.°a ana11s` i a Iffie f0rovikons of 2 a..., R- pa'aa< 2(,)) ( d partic-€.a,",aaaay .,"RR'a 200,302 ata..,'a,d "'IF a'"nanna...aaa.d.. Arw rfa,P'��,."an n�f�,, S cai€"n 21&3., ES, and include .h e. o n3W aaaan aaa�n a list We na'�s the a "'.,rcc end sane o funds '-a: aa,a activ°n es, 1 nsa.sc a +�"uaaaaa,a a�aaa..a, co a E �.��.„�';a'� n"':ag �. ;�N.:n:t a�"aa;�ds, �=.:lho '".. tnc.;�"a.`, ob 'I":ons, u a"',.:€ liq t:ed Isalanceq aava,ba"`,.', a3Ua"hxcene aaaa.a3 ia'a tat`°at. 2 oafE 1' &c comrol aaaa,.a: anA Rccouneebjr,,T s6.,w a.,oa, Hens"dq pvVemy aad odwar aaysers. 11ua Subre,a i a � .a aaa2aa�.�s, ,aa A aaasv . and ass-a" a at theyflXe used for a ufdh rizc x px rp sa',s ( ) CSaaaa"aaa.,a,caiana of aaxaa°ntssitat,aaa odath budget zmom,:,a% &T each Qea,st ' a Fda"'sa U a s'ance"and taa it cost iata, as A.3 t f. 1 "Cost f ,. y I =f. 0 '. part ` a..aa 6a�. s a a F a ,. x 'x..c.,k. a s .. ,s an 3�c terms and n"d's e haaaan of Us Qwoment ( )' Coat accoundrig records o ds that arc aaa ay,aottzd-say barinap S R, 's�os£nta,tsou3, Competition All rocux°a ent o",an....wti alas nu a foU, t-he pacovsiei frn;"of a ... ,E ° " 9 S> 3 t F #. ,a-s ' aa,n` 0tr7.318 a. a 326 aan aaa coriducted in a,a`satn wr,px Ul and e caasTedhon, e Say ro-'" aka:AM be Am tto conEc of in-Iteaest as uiwT as n oaaaaaamm a»°'a,a"a.`at e Practices among corm a.aa.,tifra that n'a:,aay,a esda,a ci Ardnate s„aa'=ap �,:auaasY:s or o`.;::.aa',�"t`anana»rt a'a,s..,.a4.ta'A in orchrr to ensure of acc-ve coritractcrz .:,€. xa ax,,d elirwwnatea Via; " a a aia . a,aa a"aaaaavUMS fat de%rd-op or draft at-p*,r-ifica—d;,3aasa. requiranents, ,s s4 u,,e`t o ��ita i a�a� a € ar reg,,sna,aaa for$saak aJ'sat shall be exduded a;,.rop _ S fist such, 5"rSa rn a". .e=mde tD Ve W N a apa as°le atsd respwnsive bidder it of a a a,aa"v'Saaase zs,,,, )oashI is most advantrd- o,,.w to the parograrsa,k.,ryns.aa`, "r the pnce,qua aaa as"',',nd a x a`fi r fvctora, So, Fta s ass'shid a;,esu y set f rth all equirennents dhattl1he or oflr.tvrr na�asae's �s,aaa'' § ,`id or a lidd.r offRz,t b a�iu 'x�e y Ana S4a:a,ecip e a � and all E`a cls r oflfe`sa sn'aa,�r eke` � as sec as if there is as's ,,asne,:,a a ocximent tenson. Codes ,onducn h S3a.ba`ecipiw at shall°s`§`aahm'sts.n,, wriaten standards of a s"ad ct gfrfr n as 'a he peat1naaaa;z uce ,af s�'.,..R,anplogaees e �,a�at d in the awad and *aa W' w"sanb" of contracts, No croployee, Wi, If fi�? nrt slud scar , ate n the N selextion,Fw ar or aa,t€r n c a tr a« o'as'n of a afcms ears.,a.a pa ra,,,d by a.Fed'ex at "avi The cc she has a reahor apparent � couffic t of intoaan, Such"a"a conflict,era r�f-<"d anna`"a when a a a aaa a5yaaea ofof a.r., n a � a�a ,a a sa sre any a.w..aa'aa..,.a,ar as ,n,€.`a :,`-<a her innasa 2aa`fantilly,hishe a.,rtn t,or an a`a"ag-a a: � a na a' a as ., a a s a n. sY aa"s ease a� 5a �nS x., wa � shcaalta» "has a aaa5,aaa or s,5'alvaxLn't;.raest in a tangible personal benefit Kwa as f0i caidd:."aaed Rn a con-tract,The t� officers, as asaasaa as 3sa n as a' aa Ss # ,w,na°ua Yd,.3 neither"s soa a a.,;:an accept aaa or awn , a wnu.a U as v& g fm na:�-u-, inullu,f :.a a"a as n actc-, is pay t es ton su'Isc n- aa`e,:ta, The standards lords f coy- a` a rnawts rovial'. y fin d4iscirAillary aa°a€taaa s Va be w1ed for ia,aaaaasa,,na of dio starjufix& sa',ay officers, r,a'n n .ao aaas or 477r is of'the Sn.a.".,as.'a''rs n.4�'"`,t, (See ,aa.aaR, 200, 1kaa',? a';y".d"; - r',.,. a t8 Business -Im '11he Si.,ibrecipient shaJ10,11„,a a'- a.a„as aas..`aaa`:,' 'a ap"a`s.'-,.a"aa€�.ak.;s°:.na'ia a"a"g."aai.�a Ae�.gatra. .ce cNeo`€..s�.,a,n `t he ,:s�.b,a�„,aa'af" at r- least,one erzaployee on ske at Q aa„aa fi,aaaa,bala dznes for business. "Reasonable" sha,.,,1 l a cons, :.. _ acod 'a .f,' a..aaa saasfaa a3at rat& a asa.1 meant aa€s% a� ,awa "a house o -0 a,i¢, to 5-00 , a"a a as ,, a y Jn, yen > tassraaa.,ya Licensingand Peftnduing,, a,ana as ta>an a or s€aax loyeen s ey ed by tt,.a a S n a"n :sa ns$l anaa"vc ray cuirrent licenses and a,"a,vnits Y u a,.,,:aa, for all of Cana pardas n`savor vvork a8ana wha as dhtey are hitresl b' e S'sa�r dipiat,a`t. CL 7 Packet Pg. 1785 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t o.c`I , Attachment I v —Audit Requirements y�s: s "r s nisi sdo o resr ce warded 'v D to the uti+in 1.rnA 1, na:g su �t��ec es a#d # i.d/ M :naoi toring,by DEO as deac tNed in r s section, > A a'- a �, cnx,a 0 ta.,h procedhateb '"was ". ,d,:-s,4..�:...,but not bf2c.#,:t;... =. to, O'n Site'visits, 1'X,O sad fir, Il at 4. ccri :, audits as d....f'i:Ane by 2 CF R part 200, as rcvise�,, rIG cn other > S``roc duxes. By me ? is dhis � "1.s � gICC8 o or z§+y and co€er- c'e w an � a s' aa,es .s6.?w s 4`5 s: arcnned al A ':' as event DEO detemarkines Uie,s,aEmitted ,A «1;§C s,I.s o c subncaapic � a+ pprop t- ` i�retip �A y agrees o l '� tom. �• ��asta -_�� - � �."._ ��,<aa�'--f "g{ttaa.a:�. ;#. �"".a 'ans°�a,i U C to CO-11 and `a tvI ins' ections,rvvjc,'�s' ;?a Ud aAtfi.ns or audits d€erne 1"necessary I� #�s�,ee,C'Wef 0 Financial Officer�C.F-C-)), or Aud-ton General, PART 1: FEDERALLY FUNDED 0 A,iis a.A a�'aA,�. .mau e.""1he+ 1.1.a t-.a"# Y r a •a" s':.nt�i.:a�`�.ona jA,`"as:.,;fit +. �2�« :^' ,as' .s""s' ?.A s°s, ,` Lf.a.a.� A. a s•`s '.`�'-mA ,;3•" .e,P:f,:'A :€. .�.�a£ d... c...(, ia. 00,as revised, Stsbrvo1 i s rryust hvvc a st or a� � k ar s ees e a. �An ucted n acco w se ,vit dh "s as' a dsf-9 .in "3,' a.,sk afs as s ,'r:,„ff,.ris z,'..°A:.l"M.a.a+r€;r7.. ,w.'s''' ..., .+ .=;'.. `�t:.:x (a '•as. .. ..`:�A',r;..zFnada�'°.r», s., .� is: vm f iscall year,the Sulbrec sl`amp`shall #nsi ls:,u`al",soA,.arces of s oral vi yards y St`°iclu ing r£'der-a!tesv s J 11 C ales fra"Les O he of am A un "; of A der i sasaass s sapenvi d shossAs be 1a`s ascA ord-ums va s,the p i$tdelui. s established by 2 CFR,ZOO r u,.1,1pa-rt F kbkuditln.ei,p1r aaaean'.)� aUS" a`s"ise "� as h t :�A.#kasb..sF�sae �- coni..i.if.ti dr.� tea / La s'-, 'ne ast in, ab.ssas.�€.azc � �dai t�"w pis✓r slo s � � a 2 �..<�R 0 Subnart F k ., `G ws #.3 4..Yf t,.A F was r 1 u d, ate.meet c F"c, ui R�"a�xcke its }ma's . assOar > .a"` t``t Ys.as,',s'" ,.a'ska•.�m;.. asS 1,sz,€.:$���s :�"fiA'.aa,.�:,��..a�.,.,.its,.a..s%a.. fi sse .�..S.Il ,B�xasgy�F1,',Ah. a+,,,,ae #.,a. .a�,«A...� �.s`.nt�t�-011.ffil In the r.; uaa rdative to auditee tv"-.apon;.;t a a , � F t. ��` � °" a 2 a,ss.Aa,i:;� a��.* l`1.w..s'tt.,r. `°.�.,..i st.a� � ;�aaaal`��'"r<`�. ;Q a.,,,�.a..`}.�.€. '�:. 3. d if', e less dhan a .a.€aS"asssa,.& .an it's s.1sc'aa Yea., `s..an audilt a,oarduv:c in accorldslyze vm a fi iavisio s P� 2 RI 0 �1-3a,s t �Aw i s e sa:'A ale ts) saa L v Ada € not 0) rs°S1ui a as s event ' a "fie Sse 1 erdmi a expends leas than $750,000ate°' lfcc ...d zs.°AviA -as in, Vss fiscal Aea,rs and elects to d xve'an audit cok'fsucl,td in acc-ordwize NVil'•a ss 'provisions of 2 .f.'T,200 Sh:a,r:A ` 6 i.,sa'ha q 1 cnaer s), as revllsect ,he cost of dine su ,tusa.:'s psd 11-o.ss S;#on a 6»•eza ies�o-Lu.re` Q1 e.,, he cost f such s1 ivudli must 'a ai-d fixxn a ubred�ient��'.�As s s a As�E� 6 f,i,xy k Ct ll'an t'aWvaeras',tLU CL E, Utli cru A'£ 2 CI 200 t.s.,iA as t IF, doe's not apply to co a o ' or t1liZations, dw peas m rvA.Y n& entity �Aas an. a p A s h �Afsist s riplenaa c,rPend. 50 000 or more ,s1s' fade v',;,sivJ a s.a#sa u*»o ua -mntb Ifedra';..aar.i awards �'A<.ss9. ,& ' � 200.st 1(.1h)) aA.s,f:s.#i A sf ya s m'ssfia entities ss: may, be sxub`ect to d.»e..a,,,:Ats..i sr cclfic. of48 U Packet Pg. 1786 DoCuSkvs,i l.„str"0.",,ne J DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e 10.092 Additional Feder-aliDLI,",e ut nd tA.,stt amd.su.V"'°:t.;s can be At.una,'€. t§ PART Ih STATE FW4DED Vi FILM, -mint t is applicalAe if thr Sub:ea.,ojent i a nonne.w en y;as d En d by SeWon 211971T FS. t8 t In the event tx et # m Suhmmr.damt expends=p nds toIms.I u lcmn`Of SAC x1=0;r, asaktance ecirsaial to or fin e"mc»r s of$ i 00 o,"aj,-r fiscalyear of such h Ve Subrec4hentmust have Ststtee r gd a wf Dsi-m'{xt rit of Fs. ."u:j,#"� s`s `nrii,�'es; maid �5.,,ed id.r'.I'."i 0�5',50 floc' et r e n' i _ � ,s� � as �a� t ta �t'A ) � s4b9� usasa fl ==a ct 6 fys ,sff dt of i $ i'ssftsas .;, Gy1 f:hs s fimmmiciall assistance experxi d in its fc,a `; "t' at,...; the 'Subrsciplent ;shah P„.< nshim all soui s; s t: aas.:xtds.fi,j U aad.ads.nst,t, t ats'au c ,dn-�..ari }Ass St ate Lul 4-al, 18siss,t,r." stwss to tnami )E'(), oataAtr stato j a «a��, %rid t5 a.$,=`--' a non—state e d t `"s State finamcia.1 assitwnce does not in dude d"d€ Fiti zs. direct or Imandonugh s`as'sG .rds wid resources rf:ccivte "� a non-state s:'ndy for Waa,nd prop fi nssaa". hitT req.. aa:'t;ssrunts,, � ems„ in connection -mrith ffs aya � as :d'atita d a ,, ss�a# Ps Y �s pt" a sta 1, ' ' are, t'_ eh enswe that die iss ue"r %`o aphen vith the ra"aauire nent e of Section 1.5,97( ) R& lrlii,s in-11 suba,a.,a.s sas,S$s of a Lfl '.ata+.Mial,ocj.mar'dng pArek ge as defia..ie �-Yy Section 21 s 9 t=a"�3*"``-,ITS,and haapte—'s 10,550 khocai gryi,s: ,a.=en-'al entities)s) cs` W5 nmynoBt and 6r-prot"t t^panz A," �. , :�.� of G , ,whit t8 Gsusfi.s aEL °> 2 1 If tie aSuh-re °ap s as eest spa ass t miiaa OOO in sate - r•.Ex ?`� assistance n ft s fisd d8l tC` x sd t"a, audit ct.�.a'di.mr-S:"tl in ex'a ordaa c;U``'a `va:kt,.l<d.. ; ? t w �'ss#.L.#. �ta�d' att'`�4 all-a.N,4a�"..�^# tssz,�"x'h'- a... s�"S�-'�. �%.a.5-. "a �L� �"�`a.,l*�°fit'tl y t w t as rec tent s'a..,set,lg '"_ less ns.`�.t.3750,000 tui'a state flrouiciall,%assistaatfd`in its 4.smalywati, >a,_ds elects to have an audat"mot arx ct.: d in accordumce ssA 7s ovisdrms of the don 215.97v - Hate cost a-die rwlt asosssi( be f,"sad=st t.suuzd t as on n t-ate entity's, rcsous rces (le., the cost of such an audit--must be �afl,s,#`� sa�'`§3 � the Saab aea: asaav"ait"}s una.Fa.aaC°ces ssaa'.`etas.�..9,$�t t"+,t:�d»at`a."a• other d_a�e"} ..Sk'.�ute" s.,ta#"s�.s'.s:'w .. � t8 a J the lct, ,.a:,a ample AuditAct can tsc a a, .t, tta PART III: OTHER AUDIT REQUIREMENTS (NOTI -day pi ;:wadd be uaa°d to specifir 2rxiy adcIffia.-onal WAVKHt requ d? dents irnposcil Iny-the State, u :"aa U a ar.Ts y.las 1t xt k �a+ as #=fatta``r aat s neat State a as aa.di � �t t s r ' � a a 3• nc r s3€a d"°'"a' s a s "'WAS s€.r'" in �" � tea' s �.„� s a"C ' ,411 e State =-mrs and ' not a d..tYa`a_J:W adedri, odies Faudexiral or State wx;a.,2 � xfi .. a r. t:s 1s�a"a°a's,scant y to Section 215,97(es), °&,a S,,i'st ,ry dd'�f3 a.lr,is may cdtra;«„ssisi; �.ss`rt'.a t"" a a' !�'#' x a` t"a;it.dd„..t,sa,'A ss„sst.,t-tus'.r.b=4,.J t awnge fbr safit.r is ass s na-New s a a eta that are,its ad aau;on to,rushs a fiarn d xctde-d it ?w:t""aord',a a: rctb.h ":..a"a tion s,97,F,S In such an event, � a' ssa iXY r' q�i Saab rxnast an-srige tt fi fiing the faff cost of sticb. addifionmd..,..:a§ter' ®A 2 PART 11V: REPORT SUBMISSION CL 1. Csr't"S e s tam' re or to r_;ckags`s to ,��Ca�ad any a".'.x aa�,taa}ent w issued bq ss s r t a ,�' � � y, t R s � tt`t`�. !'tea £ c #�d ,� tl as M�.t: a'$�4ty aJ a1,#a.�stt�'- Ca contria fted st) Ra c as rsa`la't..`,;a ath 2 C 1x i.0 Sub,ta a:rt �,Ausduftt �eaukerm ffisy`nw 12117�:'a,j%aai�l..ln aired s,:d PART I of a us a`xhfl t Ap.—eea"ii:u d shall �3'e sub $tte `s„'f on be et o he r` ,,,,b",ca Faara d -ectl��to Packet Pg. 1787 C„aac:aSon Enveflarskaa ID.,, DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t .oa:10092 fia,atta a., Yr.ara as.ramY.:s ,f`aa a K asks s ti aj a hie 4" 'fir' s-nnitu-,€ the I i rA, secticm d be senr 1,ri,i.,i em '9 . s w Federal Au&ir Claw$ a fat-s gas` iy a rq s r.,a ss" d ai e t8 t e a ap,� t.a : as E ct acc),:)rdanceaaa as 2 CFa `i 0 aY aaaar rk4' ( a3w 0 Re csss'$„s:,`d`a"'aa,.t,ka as revised. asad%tfi`°r'"aa .e by t,qp [: (in C orlespondmace acos patry � ""�'e je%1.-;a,t '> a dicate the dare ca.' t1he a UL'br c§dent rre R?, bt, ,vhl ; aueutepeof o ... a, a �„;:%e .a.K.sa€ ,`,.. S ";ka" aa'a�.z ,. 5 e.., "' a.'�w�. raY; r `� raga a a ^�,"+` r t 0 dr 0 a Subpart #r,�f f � '�„� �1X'� ,�;"iF�'� as ["�s`"�`a"�,� and ka Baia a Wit, Jett x_issued bw the al di ri., „s*pr3a4as of-reports r q F.aif:e by! ,4,.,r 11 of flaa's.� � nv � sent i DEO at t lm addre.sses fist d„aa r saa a r= d'iree (3) b q�fi a£a, � w R � , Copies o £".ss s sa # s.r�s` C1, as "e � s t-.�r''a x i .� &�.r .:..;�. � r W�"�f2Y "�Y�be I b sra' Asa by U as on bihsif s,s ':AI ' , za $ 31 s Ri i v T,. '= ai r ,,s :'33 t„`; 0 , D'RO at ai.fa` Ebll?`'aaa`ats adia=:s .aar:R � ni c cop es. B. a he i"n6 d.luto GeneraVs Office q a ss;, 1"I")�" a a 1,11"I �Ss, araa "aa`$' "°aeata„aa ra4ra42 .� l ,a a Pea aBraa .2 I I If, s, aws- a`cl s0 ni • is t ,.Ualahassee, FL, p9-14,50 m s Any epss?aatar 1,S.aaa''i. as = s;s_Letter or ofhext ,ai ak... taa ss.s=a st Fa:. a s:s b ma�as:"'kted, �:: �aa a a'Alan.. to � this `� s:E'ezneaat shallfi be siAfi'a:�"�md ar`,a "i',,sy i8.= �accor(JI-ric �, �° 2t�.,FR, s,°�00 s fxgrm. J 2 #r F ,"nS,,k ras,d Ch2pters 10.550 o a`al en-tides)or 10,650 Orionprofit and for-profit a'Yge ado ) I ..Il a ) oa t a r*,uc,,fi or a.;..a ne- a",l, atp! b] U 5 'eci tet.m and i7oh<�° „ass. s2Y l �' `imax-ta 'a r r; n a ;y,a m � � � Ay �.sly'ar �w'. �2:��4:.« .s f xi,.idlts r�f.:i"a.e uj ssr. %ab.�.�"'a',iaa.,rCe aa*A, �sanX;aC�. ���R�,s �� ��.acal;,pvaa."d:s:'Y'i.e!'aa'as., s�a<��.. Sa..as or 10,650 vatorl-n-.a`ofi„ ,iia=d s`r.,:-,pirolS p a;aais= sa :o f',ai .,rtala .„rthe r ,:,6'ss...tr'y,..zt;asa:.:s.a;1 a« 'wa.tll''"„!;€s`-t;aryY.,.na::a.; s`,ca:. date `s" rs'the s, ivered to the 1 ecipk is t rmTes 5;,zfd:enc slaws tans sa,aaa s a � ,e t� s;Y N a sa. s". v C 2 PART V: RECORD RETENTION LU u he SulcrecipiMn- a tots 3Htsaffic''asi: sidem'fansi ai =its „w,"amp,iatic vivi`n,the adarm o -1:YCL sa ,�cc4 ,s,"'m € ra Perin as o S a(5)s eaas s Yvaaa"ra e ats e P+sadi a,o' ,,r;� a �.aar€`ta riv ,5'state fiscal s s CL PYa rrillreperdrx eqiiixarerrtmts are sa6gY:eg,:.,trid fibrial payi,,xicnix have Ya,%xvs ,che ,a pe dawa Ca 1aT a wad shad aehco; DEO or iits & iee, fhe s` !,kie .s+ a sa ozil,officer, �,Y r'i��ai �r.ai r a a fi as a t a � a a I ataaa^�r+ts a s t, a awa laf. ? ?.t"k'sds Ps,"ya.asn:a'aa ue ", 11r,a- ra Irf anf if aaa4 as'xtx, s a'Naaa r a`.,a`s:'s°a.a,negodaboo, a,ludia or otlier axf,f"# the k s';a s ;" S "as been, #s`arr d jara,.a oa"to,the ex-p`r..a" don J Y" .a'a* c,, s;fid:S.s"'7 's jai '"`L.'a� Yn>�,�a"s. �"+COY.r:as�4a:s r r"ate tea a'�s a.av ".h,alr. e.,.a;aa ed stnt s, sa:s'upflict on,,of the act on as:.':..d ritmohnioxS Of a issues`rain Ras. i vi-m- as. s it,of a ,E 5 Packet Pg. 1788 DocuSlon En laps ICE° DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e t o.:10092. emad off ,: z air c,.z& .ns.. « ,r a 4;" nx 10mnge,,ir i", .#? �,,�a pa,""£ A:w3 E. z :e wviut u pau`rtt z ;,z; > "u .,. ,,h x r�,;�b'te tun} &W � to trs c,,.+��r nee, ,, fix.. ',). or'A r`aK;P ... u.;u Y .:u d .x."2'.a"2 a of five .u year"S z,. ra,<r ro iW twt" a.ui: ? t %uu, a s fr ;,. U', r. ;. k z ;' t t „ , C 2 0 U 0 U 0 0 2 N X FL N U U N C 2 CIL CIL 51 Packet Pg. 1789 C c a lsn Envelom ICE: 2 DI .,AAF�ri aF_ w g: nmi DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DRO t o.:' Exhibitt I — Funding Sources .2 Federal sources Awarded to the SUbreCipient Pursuant to this Agreement Consist of the o o Federal Awarding AgenLy. U.S.Department ent f Housing and Urban Development Federal unda Obligated,to Su reci Tent: 15,00(),000.00 m C 2 Catalog f Federal Domestic As8istance Tide: Con=unity Development Block ° ants/Staate's program .5 d Non-Enddernent Grants in Hawaiie Catalog of Federal Domestic Assistance Number. 14=8 The purpose of Rebuild Florida's CDBG-DR Vol ,tta Project Description: 5unie Buyout Pro r is to acquire prop °es that are in a Special Flood Hazard Area Sp. ,and its h-t s :flood U W areas f °lr aat tit ��Is �r t sf to help, duce the pact of future .`°asters,and o assist property Hers to relocate outside the direat of flooding. � 0 Compliance Requirements applicable to the Federal es ur es Awarded Pursuantto this Agreement are as Follows: Federal Program is the Subrecipicttt shall perform its oblipati. s in accordancewith Sections 90. 4,01-290.048,R& N 2. The Subrenipient shall perfo=n its obligations its accordwice with 24 C.F.K § 570.480 570A97. I The Subrecipient shad perform the ob a _ :sns as set forth this Agreement,including attachnients, or exhibits thereto, . The Subreaipient shall perfomi the obligations in accordance with chapter 3C-23.0051 1) and(3),F.A�C. 5. The Subreciltient shy be govemed by alll applicable laws,rules and regulations,including,but not necessarily _, hrr°ted to, those identified in d "ferns & Con&dons d 0 Issstrocdon of e Subrecipietle Notice of SubgrAnt Award/Fund Availability Iq y State Resources Awarded to the Subrecipient Pursuantis Matching Resources for Federal Programs. T A o ject to Section 7,Florida Statutes.NIA Compliance Requirements App `c l to Resources Awarded Pursuant to this Agreementa as Follows:NIA `> CL ® Title 2 C.F.R.S 200.331Section 21 .97{ }, . .,require that the infannationcut St2te Projects included in Exhibit I and the Notice of Subgrant Awud/Fund Availability e provided t o the CL Subwdpient. 52 Packet Pg. 1790 DocuSlan Envolace[0- 2 I M-r. Al:_, . w_a'W _ .. AAnr� a DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DEO t No..10092 c t — ' is .2 �........ ......_ . .....® _ ._� _.....®� c EMA&A Caw" ,11 SO dtys at the end subgrear mms opento ... M ,r and . Sub .dent. FEINT: fit2i r i ie is Fiscal e _._ Year- E Ott g Contact's _._. Contact's ice; �. . . . .._...._®..._.- I. Did thepi t ,p st;t ; °a°. assistance,. u its fiscal yew:that it received i under any igreement , , co tss t,grant,tie Idurri of agMeMelit,Menjorandurn,Of jtmderstgnding, econotuic incentive aw-axd agreemeric, etc..) between the Subrecipient and the Depaxtrnent ofEconomic Opportunity (LIE )? Ej Yes El No 0 If to above answer is yes, answer the following befote proceedingto iv- . � Did the Subtecipient expend$750,000 or emote of state .,in ssistgw ail.other sources of stag financial,assistance combined) dwing,its fiscai year? 11 yes El No > 0 f yes,the Sur t ci. is t certifies that it win n c iic: is State singLe or pioject-specific audit requirements of Section,215.97, Florida,Statutes and the .�. awficable rules of t t of Financial Services and the Auditor X ° Did the Subrecipient expend federal awatds during its kcal year that it teceived under an agreernent .g., contract, antt�ineinoumdurn of rgneernent,metnorandtmi of understanding, econoraic ° e t v ,award agreeinent., etc.) between the u r , i tst and DEO? Yes I N If the above, answer is yes, -Also answer the following before proceeding to executionf this I � certification: i. the Striit tqsd$750,000 or inore in ft a A s (fry D . � aR rather sources f federd awards combined) during its fiscal ear' 7 s °ru f a r ci i t certifies t it i comply cable i y progtam-specific audit requirements of tt 200, Subpart F,as revised. signingBy , f'certify, a f of the Subrecipient,that the frepresentations � for it erns I and,2 ate true olid coiTect. E....... _...... _ .. c Signature f Autborized Representative Date �.. CL F CL u i Printed Natne of Authorized i i s tati- Title fA sRepresentative .. 3 Packet Pg. 1791 DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e PEO Agreement o.-10092 At t — t C1.r1 C Resource ®C .2 L c Current SERA Form will be provided under separate cover. r- 2 0 0 0 0 76 2 N 76 c C 2 CL CL Packet Pg. 1792 Damn on t ctun M t, DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO _ o.` 10092 Attachment IL 2 OUR Appendix 11 to, Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards ...... ,a rjLr W D t ea r l r aft t �pu t s o # t lit +t :r 61£' t,{� „r G f P'iJ! Cyt I} �� 71{ �t E Gi 1,0e by!"e ;nWhamai M�`j4 Il,p naw l7,`e (` u,d r£] (p°` s kall.. �iti `J1J , , " ,ail ,?}I G� � s r r -' s ar � i! +( § I � If� 4 i t t r � t '2� 1 ��l p ,, �(u!t �4 f + SSs r � !ll �`�� iJ � Ir V \ ;`�9 � t tt y { II k:' it is}s r t f4 s�fj s}t 7�I. <t fs"s .._If �!?it 1 �}(� l l tt t 4 k �'. 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I r`ir t r `£ ll ii' ; '1 ({ ��� l t`_'{ r om to of s. liqengs, r., _ _PbYm" I ( 1 4,', l• !.. 1 ,, M-1 nynoitl "I 4tf .r,^•(t`` Cb (t i os,r+bm 1` 'f`i\f�i , ,'�.r I •`ti`� �t �E'' F l I t,It(I r t „s r 3 r ifs � ? f � �f n tlrirri �. a... £ i.{'n 3 U 33u2 ( i,i,,< y Go con I mion 'd€"it£t It t,, `rJtl f ofh ( cm�i r ,s��) i4Ea 12f, i,y� 6 l t£�it£',- U) Wan I rf i { 1- r( r t ,,:,[4 s I ' yi 1 ,�[ tr s n ... i, 20 4 '2 £ r s r i 78 lY""1R 78608, f M ,`i",t 7111 i� },, ,t�'_ i £t„ �,y,t 79 1I"`"R I/5888 ,ry 1 _ t�„ ��}�, _ r C 2 CL Ca CL 56 Packet Pg. 1794 cu 1an EnvMooa 0, 214Anl .. r_ _ ft Are , DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO o.-10092 Department of Econormi'c Opportunity State of Florida r_ Conununity Development Block Grant 2 Disaster 0 This Subrogation and Assignment Agreement("Agreement") is made and entered into on this day o a by and between Monroe o i (hereinafter referred to as "Subrecipient" and the State of Florida, Department of Economic Opportunity(hereinafter referred to c as" "). 0 In consideration of Subrec" lent"s receipt of funds or the commitment by DEO to evaluate Subreciplent"s application for the receipt of Bands(collectively,the"Grant Proceeds") under the DEO Community Development Block Grant-Disaster Recovery Program (the"CDBG- R Program")administered by DEO, 76 Subreciplent hereby assigns to DEO all of Sue reci lent"s future rights to reimbursement and all > 2 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("°"F ")or the Small Business Administration ("SW) (singularly,a "Disaster v, Program"and collectively,the "Disaster er Programs")that was the basis of the calculation of Grant Proceeds paid or to be paid to Subreciplent under the 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 area DOB shall be referred to herein a "DOB Proceeds." Upon receiving any Proceeds"Subreciplent 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 ®DR Program. Subreciplent agrees to assist and cooperate with DEOto pursue any of the claims Subreciplent has against the insurers for reimbursement of DOB Proceeds under any such policies.Subreciplent'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 LU rm of assistance and cooperation reasonably requested by DEO.Subreciplent further agrees to assist Q. and cooperate in the attainment and collection of any DOB Proceeds that the Subreciplent would be entitled to under any applicable Disaster Program, If requested by DEO,Subreciplent agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DE ,to the extent of the Grant Proceeds paid to Subreciplent 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 5 Packet Pg. 1795 =Skin r-nualwo In- (" n1 R _ A. DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e DIRO t No.-10092 76 taken,all actions and to do,or cease to be done, all things requested by to consummate and make 2 effective the purposes of this Agreement, Subreciplent explicitly allows DEO to request of any company with which Subreciplent held Insurance policies, or FEMA or the SBA or any other entity from which Subreciplent has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DSO to Monitor/enforce its Interest in the rights asslgned to it iunider this Agreement and give Subreciplent's E consent to such company to release saki information to DEO. 0 If Subrecipient or any lender to which DOB Proceeds are payable to such lender,to the extent a permitted by superior loan documents hereafter receives any DOB Proceeds,Subreciplent agrees to promptly pay such amounts to DEO, if Subreciplent received Grant Proceeds under the CD-DR Program in an amount greater than the amount Subreciplent would have received if such DOB Proceeds had been considered in the calculation ofSubrecipient's award. 0 In the event that the Subreciplent receives or is scheduled to receive any subsequent Proceeds, Sbreciplent shall pay such subsequent Proceeds directly to DSO,and DD 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 Subreciplent.Subsequent DOB Proceeds shall be disbursed as follows: 76 > 2 t. If the Subreciplent has reveled full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. N . If the Subreciplent has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DiD to reduce payments of the Grant Proceeds to the Subreciplent, and all Subsequent DOB Proceeds shall be returned to the Subreciplent. . If the Subreciplent has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds sell be used, retained and/or disbursed in the following order: 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 Subreciplent;and any remaining Subsequent DOB Proceeds shall be retained by DSD. a If D D makes the determination that the Subreciplent does not qualify to participate in the CDBG-DR Program or the Subreciplent determines not to participate in the CD -DP Program, 76 the Subsequent DOB Proceeds shall be returned to the Subreciplent, and this Agreement shall terminate. c Once DSO has recovered an amount equal to the Grant Proceeds paid to Subreciplent, DEO will reassign to Subreciplent any rights assigned to D D pursuant to this Agreement. � C Subreciplent represents that all st ternents and representations made by Subrec'ipient regarding Proceeds received by Subreciplent shall be true and correct as of the date of the signing of this Agreement. LU CIL Warning: Any person who 'intentionally or knowingly makes a false claim or statement to HUD may be CIL Ca subject to cull or criminal penalties under IS U.S.C. 287, 1001 and 31 U.S.C. 372.9. 58 Packet Pg. 1796 DocuSion Envelow ID.- . 1 . r, ,_r .nnpi DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76 D.1.e AgreementDEO o.:`10092 'The person executing this Agreement on behalf of the Subreciplent hereby represents that e\she has 6 received, read,and understands this notice of penalties for making afalse claim or statement regarding Proceeds received by Subreciplent. In any proceedingto enforce this AAreement, D D shall be entitled to recover all costs of enforcement, including actual attorneys fees. SUBRECIPIENT BOARD OF Q COMMISSIONERS c OF �qtl RIDS B r arrla lea l —_ Title:� o n,,.y Administrator 0 [insert none o administrative e ] DocuSigned by: By: �AWS6� Name: c Title: Executive Director > 2 N �s X C 2 CL CL ca 59 Packet Pg. 1797 D.1.e c c� EXHIBIT B Links to 2 CFR PART 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards https://www.govinfo.gov/content/pkg/C -2014-title2-volt/xml/C -2014-title2-volt-part200.xm1 https://www.ecfr.gov/cgi-bin/text- 2 idx?S I D=5b9d60b832dOc155f2a8e5b96d8a6e9f me=true&node=pt2.1.200 rgn=div5 se2.1.200 134 0 0 N c C .5 CL CL CO 65 Packet Pg. 1798 D.1.e EXHIBIT C .2 c 2 CFR Part 200 Overview for Grantees Grants Management& Oversight Division/Office of Strategic Planning and Management KEY DEFINITIONS Definitions were revised and broadened to cover all the requirements and the categories of assistance. • Cognizant Agency. Generally, the cognizant agency is the Federal agency with the largest dollar value of total Federal awards with a governmental unit or nonprofit entity. (See 2 CFR 200.19). The cognizant agency is the lead agency that a non-Federal entity deals with on issues. For example, the lead agency for some HUD recipients for indirect cost rates may be HHS if HHS provides the most funding to 0 the recipient. (See also the explanation under §200.108. Inquiries). The cognizant agency for audit is the Federal agency designated to carry out the responsibilities for audit. (See 2 CFR 200.18.) c 0 • Contractor. (New) Contractor is used rather than the term "vendor," which was used in OMB Circular A- > 133. (New) Contractor means an entity that receives a contract. (See 2 CFR 200.23) This definition is revised, as the new definition looks at the nature of the relationship, rather than what the document/agreement is called (2 CFR 200.22.) (See also 2 CFR 200.330. Subrecipient and contractor determinations. ) X • Federal financial assistance. This section essentially incorporates the requirements in the previous OMB circular for the administrative requirements, cost principles, and audit requirements. (See 200.40) • Federal award. a Federal award, depending on the context, can mean either (a) the Federal financial assistance, or (b) the document that provides the assistance, e.g. the grant, cooperative agreement or cost reimbursement contract. (See 2 CFR 200.38) c • Fixed Amount Award. (New) v, In this type of award, the Federal Agency or pass through entity provides a specific level of support without regard to actual costs incurred. Accountability is based primarily on performance and results. (See 2 CFR 200.45.) r_ • Micro-Purchase. (New) .5 This is a new category of supplies or services which uses simplified acquisition procedures that LU can be used by non-Federal entities. The micro-purchase threshold (floor) is set by the Federal CL Acquisition Regulation. (See 48 CFR 2.101) At the present time, it is generally $3,000. The threshold is periodically adjusted for inflation. (See 2 CFR 200.67) CL • Non-Federal entity. (New) Non-Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient 66 Packet Pg. 1799 D.1.e or subrecipient. This is the term that is used in the regulation instead of, for example, grantee. (See 2 CFR 200.69) 2 State no longer includes Indian tribe. (See 2 CFR 200.90) Local governments,which are specifically defined, include public housing authorities. (See 2 CFR 200.64) • Pass- Through Entity. Pass-through entity means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. This could include a state, which could "pass funding through" to a county or local government, or nonprofit. (See 2 CFR 200.74) 0 • Subrecipient. a, Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program. This definition is revised from the circulars. (See 2 CFR c 200.93) 0 HUD IMPLEMENTATION. HUD is required to implement 2 CFR 200 unless different provisions are required by Federal statute, are in a conforming regulation, or are otherwise approved by OMB. (See sections 2 CFR 200.102(c}. 2 CFR 200.106.) N For Federal awards under 2 CFR 200 all administrative requirements, program manuals, handbooks and other non-regulatory materials that are inconsistent with the uniform requirements must be superseded except to the extent they are required by statute or authorized by OMB. (See 2 CFR 200.105.) This means that handbooks and other guidance that are inconsistent with 2 CFR 200 would need to be revised for the changes in the rule. Federal agencies categorize Federal financial assistance as, for example, grants or cooperative agreements, and this information will appear as the actual document. (See 2 C 200.101) EFFECTIVE DATES. The requirements in 2 CFR 200 are phased in for specific requirements in various stages as follows: (See 2 CFR 200.110.) Grant Agreements: Many HUD grant agreements are written to be governed by the regulations in effect as of the date the agreement was signed. r_ Grants/Cooperative Agreements awarded before December 26, 2014 (the date the 2 CFR 200 rules became effective) and not modified on or after that date, are governed by 24 CFR Part 84- Uniform Administrative Requirements for Grants and Agreements with Institutions for Higher CL Education, Hospitals, and other Nonprofit organizations or24 CFR Part 85—Administrative CL 67 Packet Pg. 1800 D.1.e Requirements for Grants and Cooperative Agreements to State, Local and Indian Tribal Governments, effective in December 2013. c For example, some grant agreements may contain the following language: "This Agreement will be governed and controlled by the following, in effect as of the date of the Agreement. The Act, the NOFA, and HUD regulations, laws and policies incorporated into the NOFA. In this case, an agreement signed November 1, 2013, would be governed by the regulations in effect in November, E 2013. Where the terms of a HUD award made prior to December 26, 2014, state that the award will be subject to regulations as may be amended, the Federal award shall be subject to 2 CFR Part 200. For example, the agreement might say: "This Agreement will be governed and controlled by the following: the Act, the NOFA, and HUD regulations, and policies incorporated into the NOFA as may be amended." Procurement: For the procurement standards in the new rule, non-Federal entities may continue to comply with the procurement standards in previous OMB guidance for one additional fiscal year after 2014. If a non-Federal entity chooses to use the previous procurement standards for an additional fiscal c 0 year before adopting the procurement standards in this part, the non-Federal entity must document this decision in their internal procurement policies. Example:A non-Federal entity whose fiscal year ends June 30, 2015, can operate under either the "old" or"new" standards for the fiscal year beginning July 1, 2015 and ending June 30, 2016. Example: That non-Federal entity will be required to comply with the 2 CFR 200 procurement a standards for the fiscal year starting July 1, 2016 and ending June 30, 2017. Audit. Audit Requirements will apply to audits of fiscal years beginning on or after December 26, 2014. Example: A non-Federal entity whose fiscal year ends June 30, 2015, is subject to the"new" audit standards for their fiscal year beginning July 1, 2015 and ending June 30, 2016. POST AWARD REQUIREMENTS AND ADMINISTRATION .2 Performance Measurement. c This section provides stronger guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non-Federal entities to improve program outcomes, share lessons learned, and spread the adoption of promising practices. (See 2 CFR 200.301.) r_ • Federal awarding agencies must require recipients to use OMB-approved standard government-wide information collections to provide financial and performance information. LU CL CL 68 Packet Pg. 1801 D.1.e • Recipients must be required to relate financial data to performance accomplishments, and must also provide cost information to demonstrate cost effective practices. Internal Controls. This section provides that for Federal awards Non-Federal entities must include certain tasks in their administration of the assistance. It was moved from OMB Circular A-133. (See 2 CFR 200.303.) 1. Establish and maintain effective internal controls- no expectation that they document compliance with the internal control documents (GAO green book, compliance supplement, etc.) 2. Comply with Federal statutes, regulations, &terms and conditions 3. Evaluate and monitor compliance 4. Take prompt action on audit findings 0 5. Safeguard protected personally identifiable information (See 2 CFR 200.82) 0 Payments to States and Non Federal Entities. (New in part) 0) Payments to States are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements codified at 31 CFR Part 205. Coverage largely replicates existing payment coverage from OMB Circular A-110. (See 2 C 200.305.) • As a new measure, the rule extends to non-Federal entities previously covered by OMB Circular A-102 the existing flexibility in OMB Circular A-110 to pay additional interest �- earned on Federal funds annually, rather than "promptly" to each Federal awarding agency. (NEW) X • Interest amounts up to $500 per year may be retained by the non-federal entity for administrative expenses. (NEW) Cost Sharina or Matchina. This section clarifies policies on voluntary committed cost sharing. • Stipulates that voluntary committed cost sharing is not expected under Federal research proposals and cannot be used as a factor during the merit review of the proposal. Cost sharing may only be considered when required by regulation and transparent in the 76 notice of funding opportunity. (See 2 CFR 200.306(a)) Only mandatory cost sharing or .2 cost sharing included on the project budget must be included in the organized research c base for computing the indirect cost rate or reflected in the allocation of indirect costs. • For all Federal awards, any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, must be accepted as part of the non- Federal entity's cost sharing or matching when such contributions meet all of the following criteria: (1) Are verifiable from the non-Federal entity's records; (2) are not included as contributions for any other Federal award; (3)Are necessary and reasonable LU CL for accomplishment of project or program objectives; (4) Are allowable under Subpart E—Cost Principles (5) Are not paid by the Federal Government under another Federal CL award, except where the Federal statute authorizing a program specifically provides that 69 Packet Pg. 1802 D.1.e Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; (6) Are provided for in the approved budget when required by the Federal awarding agency; and (7) Conform to other provisions of this part, as applicable. • OMB Memorandum 01-06, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission costs continues to apply. See: r_ htt :!lwww.whitehouse.govlomblmemoranda m01-06 • Valuation of cost sharing remains largely unchanged from OMB Circular A-110. Period of Performance 0 • Non-federal entities may charge to Federal awards only allowable costs incurred during the period of performance and any costs incurred before the Federal awarding agency or pass-through entity made the Federal award that were authorized by the Federal awarding c agency or pass through entity. (See 2 CFR 200.309.) 0 • Federal awarding agencies may authorize no-cost extensions of the period of performance (See also 200.308, Revision of budget and program plans.) 2 Coveraae in Property Standards. (New in part). c • Property standards are largely derived from existing coverage. (Sections 200.310- N 200.316) • The property standards are consistent with existing coverage. Equipment is new. 2 CFR 200.311 • States must use, manage, and dispose of equipment acquired under a Federal award in accordance with state laws and procedures. (Not new) • Other non-Federal entities must follow the requirements specified. (NEW) Supplies. The definition of supplies in existing guidance includes all tangible personal property that fall below the threshold for equipment. (See 2 CFR 200.314) Since, as technology improves, computing devices (inclusive of accessories) increasingly fall below this threshold, (currently 2 $3,500) the guidance makes explicit that when they do, they shall be treated consistently with all other items below this level. (NEW) See Definition of"Supplies" (See 2 CFR 200.94) Intangible Property. The Content of 200.315 is largely from OMB Circular A-110; however, the section has been reorganized for readability and clarity. (See 2 CFR 200.315.) .5 r_ LU PROCUREMENT STANDARDS 0. States. CL States must use their own policies and procedures. (See 2 CFR 200.317) 70 Packet Pg. 1803 D.1.e Non-Federal entities. (New) All other non-Federal entities, including subrecipients of a state, must have and follow written procurement procedures that reflect the procurement standards in part 200. This section does not require the non-Federal entity to maintain a contract administration system; it's a matter of an entity's judgment as to how the non-Federal entity is going to maintain oversight of contracts and contractors. (See 2 CFR 200.318) r_ Standards of Conduct. (New in part.) The non-Federal entity must maintain written standards of conduct. (See 2 CFR 200.318). The section contains a new requirement that extends the conflict to organizational conflicts (parent, affiliate, or subsidiary, not a state, local government or Indian tribe). (See 2 C 200.318(c) (2}.) 0 Procurement of unnecessary or duplicative items. This section was sought by the research institutions. It does not require a non-Federal entity to reexamine every item acquired for "unnecessary or duplicative items." (See 2 CFR 200.318(d).) Interentity agreements. (New in part.) To foster greater economy and efficiency and to promote cost-effective use of shared services, c 0 the non-Federal entity is encouraged to enter into state and local intergovernmental agreements > or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. This is designed to encourage shared services and goods, e.g., strategic sourcing. (See 2 CFR 200.318(e}.} (NEW) N The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property when this is feasible and when it reduces project costs. (See 2 CFR 200.318(f}). Methods of Procurement to be Followed. There are 5 (five) options. (See 2 CFR 200.320) This section is generally based on Circular A- 102 One of the options- micro-purchases- is NEW Micro-purchases are used for acquisition of supplies or services if the aggregate amount does not exceed the "micro-purchase threshold" (currently $3,000). (See 2 CFR 200.67.)Is set by the ru Federal Acquisition Regulation at 48 CFR Subpart 2.1 Definitions. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. The micro-purchase threshold is adjusted for inflation on a periodic basis. The four other procurement methods, which remain largely unchanged, are: E 1. Small purchase procedures contracts not exceeding the Simplified Acquisition Threshold (currently $150,000) '5 2. Sealed bids (formal advertising) LU 3. Competitive proposalsCL 4. Noncompetitive proposals- clarified to specify that it can be used only under certain CL conditions, e.g. when only one or more of the following factors apply. The documentation of this process is important. The factors to be considered include: 71 Packet Pg. 1804 D.1.e a) The item is available only from a single source; b) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; c) The Federal awarding agency(or pass-through entity) expressly authorizes this method in response to a written request from the non-Federal entity; d) After solicitation of a number of sources, competition is determined inadequate. Non-Federal entity review by Federal awarding agency or pass-through entity. Upon request of the Federal awarding agency (or pass-through entity), the non-Federal entity must make available: (See 2 QFR 200.324.) • Technical Specifications. The technical specifications on proposed procurements where the Federal awarding agency (or pass-through entity) believes the review is needed to ensure that the item or service specified is the one being proposed for acquisition. • Procurement Documents. Upon request of the Federal awarding agency(or pass-through 0 entity), the non-Federal entity must make the procurement documents (e.g., requests for proposals, invitations for bids, or independent cost estimates) available for pre- procurement review when: 1. The non-Federal entity's procurement procedures or operations fail to comply with the procurement standards in Part 200;or 2. The procurement is expected to exceed the Simplified Acquisition Threshold > (currently $150,000); and 3. The procurement is to be awarded without competition or only one bid/offer is received in response to a solicitation; or 4. The procurement specifies a "brand name" product; or 5. The proposed contract is to be awarded to other than the apparent low bidder under a sealed bid procurement; or a 6. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. Pre-procurement review exemption. The non-Federal entity is exempt: • If the Federal awarding agency (or pass-through entity) determines that its procurement systems comply with the standards of Part 200, or • The non-Federal entity self certifies its procurement system (but the self-certification 2 .c does not limit the Federal awarding agency's right to survey the system). Contract provisions. Refers to Appendix II for provisions that must be included in contracts of non-Federal entities. (See 2 CFR 200.326.) r_ The Appendix provides a description of each requirement. It generally gives the legal basis (regulations or statutes) of the provision) so that the non-Federal entity can determine whether LU CL the provision is applicable to a contract. PERFORMANCE AND FINANCIAL MANAGEMENT REPORTING Financial Reporting. (New in part.) 72 Packet Pg. 1805 D.1.e • Existing coverage from A-102 and A-110 on the Report of Federal Cash Transactions and the Financial Status Report has been deleted and replaced with the requirement that Federal awarding agencies only use the OMB-approved government-wide data elements for collection of financial information -- currently the Federal Financial Report. (New) (See 2 CFR 200.327.) • Submission frequency requirements generally remain unchanged- No less frequently than annually, nor more frequently than quarterly. New language was added, however, which permits the Federal awarding agency to require more frequent reporting where necessary for the effective monitoring of the Federal award or where monitoring could significantly ' affect program outcomes. (NEW) 0 MONITORING & REPORTING PROGRAM PERFORMANCE • Specifies that performance reports are subject to the Paperwork Reduction Act requirements (See 2 CFR 200.328.) • Federal awarding agencies should utilize OMB-approved standard government-wide information collections (see also 200.206) • Submission frequency requirements remain largely unchanged • No less frequently than annually, nor more frequently than quarterly. • New language added, however, which permits more the Federal awarding agency to require more frequent reporting where necessary for the effective monitoring of the Federal award or could significantly affect program outcomes. (NEW) Reporting on Real Property. (See 2 CFR 200.329) The language in this section is based on the supplementary information provided in the purpose section of the Final Notice of the Real Property Status Report (RPSR) form SF-429, available at X 75 FR 56540, published September 16, 201.0 — SUBRECIPIENT MONITORING AND MANGAGMENT Subrecipient and Contractor Determination. (See 2 CFR 200.330.) • Explains the roles of subrecipients and contractors so that the non-Federal entity can determine the relationship and the applicable requirements. • A non-Federal entity provides a subaward to a subrecipient for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship between the non-Federal entity and the subrecipient. • A non-Federal entity provides a contract to a contractor for the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship between the non-Federal entity and the contractor. • What the document is called- an agreement or a contract -does not matter; E the relationship is the basis for determining which requirements are applicable. ' LU CL Reauirements for pass-through entities. (See 2 CFR 200.331.) • The pass-through entity must: CL 1. Put specific information in the subaward, including indirect cost rate 73 Packet Pg. 1806 D.1.e 2. Do a risk assessment to determine appropriate subrecipient monitoring AND must monitor subrecipients 2 3. Consider if specific subaward conditions are needed 4. Verify subrecipients have audits in accordance with Subpart F-Audit Requirements 5. Make any necessary adjustment to the pass-through entity's records based on reviews and audits of subrecipients 6. Consider actions to address subrecipient noncompliance r_ • When monitoring subrecipients, the pass-through entity must (200.331(d)): 1. Review reports required by the pass-through entity 2. Follow-up to ensure subrecipient takes appropriate action on all deficiencies pertaining to the subaward from the pass-through entity identified through audits, on- site reviews, and other means 3. Issue a management decision for audit findings pertaining to subawards made by the pass-through entity 4. Not new requirement—taken from A-133; on-site reviews are not required. 5. The following tools may be useful, depending upon the risk assessment. No listed tool is required nor is the list of tools all inclusive. Determination on which tools to use is a matter of judgment for the pass-through entity based upon its assessment of risk. (200.331(e)) o Providing subrecipient training and technical assistance o Performing on-site reviews o Arranging for agreed-upon-procedures engagements under 200.425, Audit services [in Cost Principles] Fixed Amount Subawards. (NEW) (See 2 CFR 200.332.) • Permits a non-Federal entity to make subawards based on fixed amounts (in accordance with 200.201) not exceeding the Simplified Acquisition Threshold (currently $150,000) • The prior written approval of the Federal awarding agency is required. • The following information must be identified to the subrecipient at the time of an award and put in the subaward (and when changes are made to the subaward) (See also 2 CFR200.331fa)): o Federal award identification, e.g., unique entity identifier. o Indirect cost rate for the Federal award (including if the de minimis rate is charged per 200.414 Indirect (F&A) costs) Requirements imposed by the pass-through entity. o Requirement to provide access to records for audit. • The pass-through entity must evaluate each subrecipient' s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for the purpose of determining appropriate subrecipient monitoring. This is similar to the risk assessment that the Federal Agency undertakes. The assessment may include consideration of factors such as (200.331(b)): .5 o Prior experience with same or similar subawards LU CL o Results of previous audits o Whether new or substantially changed personnel or systems CL o Extent and results of Federal awarding agency monitoring 74 Packet Pg. 1807 D.1.e 76 Retention reauirements for records. (See 2 QFR 200.333) c • Retains the record retention period of three years from the date of submission of the final expenditure report • For Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report • Supplements to the listing of exceptions from standard record retention: o When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, cognizant agency for indirect costs, or pass-through entity; and o Records for program income transactions after the period of performance Methods for collection, transmission and storaae of information. (NEW) In lieu of addressing the issue throughout the rule, a new section was added to clearly articulate the treatment of electronic records. (See 2 QFR 200.335) 0 • Federal awarding agencies and the non-Federal entities should, whenever practicable, collect, transmit, and store Federal award-related information in open and c 0 machine readable formats. > • Federal awarding agencies or pass-through entities must always provide or accept paper 0. versions of Federal award-related information to and from the non-Federal entity upon request. • When original records are electronic and cannot be altered, there is no need to create and retain paper copies. X • When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. REMEDIES FOR NONCOMPLIANCE Remedies for Noncompliance are covered in Sections 200.338-200.342 • The sections are generally substantively the same as superseded circulars, with ru some modifications. • The sections cover actions that may be taken by the pass-through entity, not just by the Federal awarding agency. Remedies for noncompliance. • Permits the Federal awarding agency (or pass-through entity) to try to remedy noncompliance through additional conditions on the Federal award (or subaward). This is new. The Federal agency can impose these requirements at any time, not just at the initiation of the award. (See 2 QFR 200.338) • Expressly references suspension and debarment proceedings and cross-references the government-wide regulation at 2 CFR Part 180 75 Packet Pg. 1808 D.1.e Termination. comprehensively addresses termination. • The Federal award may be terminated by the Federal awarding agency (or pass-through entity) in whole or in part (See 2 CFR 200.339): 1. For failure of the non-Federal entity to comply with the terms and conditions of the Federal award 2. For cause 3. With the consent of the non-Federal entity(the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated) • The Federal award may be terminated by the non-Federal entity by sending to the Federal awarding agency (or pass-through entity) written notification setting forth the reasons for termination, the effective date, and, in the case of partial termination, the portion to be terminated. • When the Federal award is terminated, the Federal awarding agency (or pass-through entity) and the non-Federal entity remain responsible for closeout, post-closeout adjustments and continuing responsibilities. 0 Closeout. (NEW) This section should be clearer because the timeframes are based on "period of performance" which must be stated in the Federal award. (See 2 CFR 200.343) • Post-closeout adjustments and continuing responsibilities. The adjustment to the Federal award amount based on an audit or other review after closeout must be made within the record retention period. (See 2 CFR 200.344.) • Collection of amounts due. The collection may happen after the record retention period. (See 2 CFR 200.345) COST PRINCIPLES Classification of Costs This section is a new explanatory introductory section which does not make major changes. (See 2 CFR 200.412.) It explains that there is no universal rule for classifying certain costs as either direct or indirect (F&A) under every accounting system. A cost may be direct with respect to some specific service or function, but indirect with respect to the Federal award or other final cost objective. Therefore, it is essential that each . 2.1 item of cost incurred for the same purpose be treated consistently in like circumstances either as a direct or 0 an indirect (F&A) cost in order to avoid possible double-charging of Federal awards. Guidelines for determining direct and indirect (F&A) costs charged to Federal awards are provided in subpart E. .c c Cost accounting standards and disclosure statement. (NEW) This section applies to Institutions of Higher Education (IHEs)that receive aggregate Federal awards totaling more than $50 million in its most recent fiscal year. (See 2 CFR 200.419.) It requires those entities to comply with the Cost Accounting Standards Boards standards and file disclosures with the cognizant agency. It also provides mechanisms for those cognizant agencies to adjust costs, credit overpayments, and assure compliance. ' CL Collections of Improper Payments The costs incurred by a non-Federal entity to recover improper payments are allowable as either direct or CL indirect costs, as appropriate. (See 2 CFR 200.428.) Commencement and convocation costs. (NEW) For IHEs, costs incurred for commencements and convocations are unallowable, except as provided in limited circumstances detailed in Appendix III to Part 200—Indirect (F&A) Costs Identification and 76 Packet Pg. 1809 D.1.e Assignment as student activity costs. (See 2 CFR 200.429) c Intellectual property. (NEW) This section enumerates the allowable costs related to securing and owning patents and copyrights and discusses when royalties are allowed. (See 2 CFR 200A48.) Taxes (including Value Added Tax). (NEW) This section provides guidance detailing when taxes are allowable expenses, including a Value Added Tax (VAT) tax. (See 2 CFR 200.470.) 0 AUDITS Threshold for Audits An audit is required if a Non-Federal entity expends $750,000 or more during the non-Federal entity's fiscal year. The non-Federal entity must have a single or program-specific audit. This threshold IS new (formerly $500,000). (See 2 CFR 200.501) • A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in c Federal awards must have a single audit conducted in accordance with §200.514 Scope of audit except when it elects to have a program-specific audit conducted. c • Program-specific audit election. When an auditee expends Federal awards under only one Federal 76 program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted. (See 2 CFR 200.507) -- • A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is generally exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, 1< and Government Accountability Office (GAO). Questions. Inquiries concerning 2 CFR 200 may be directed to the Office of Federal Financial Management Office of Management and Budget, in Washington, DC. (§200.108) Non-Federal entities' inquiries should be addressed to the Federal awarding agency, cognizant agency for indirect costs, cognizant or oversight agency for audit, or pass-through entity as appropriate. • Office of Federal Financial Management: .2 https://www.whitehouse.gov/omb/financial fin grants expanded/ admin c • HUD is the Federal awarding agency if HUD provides the financial assistance. , • The cognizant agency for indirect costs could be HUD, or it could be another Federal agency. E (See 2 CFR 200.19.) Cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under this part on behalf of all Federal agencies. For assignments of cognizant LU agencies see the following: CL o For Institutions of Higher Education (IHEs): Appendix III to Part 200 —Indirect (F&A) Costs CL Identification and Assignment, and Rate Determination for Institutions of Higher Education ca (IHEs), paragraph C.11. Appendix III o For nonprofit organizations: Appendix IV to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations, paragraph C.12. Appendix E IV 77 Packet Pg. 1810 D.1.e o For state and local governments: Appendix V to Part 200—State/Local Government- wide Central Service Cost Allocation Plans, paragraph F.1. Appendix V o For Indian tribes:Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposal, paragraph D.1. Appendix VII • The cognizant agency for indirect cost is not necessarily the same as the cognizant agency for audit. (§200.18). The cognizant agency for audit means the Federal agency designated to carry out the audit responsibilities for the government. A non-Federal entity expending more than $50 million a year in Federal awards must have a cognizant agency for audit. The designated cognizant agency for audit must be the Federal awarding agency that provides the predominant amount of direct funding to a non-Federal entity unless OMB designates a specific cognizant agency for audit. A list of cognizant agencies for audit may be found at the Federal Audit Clearinghouse (FAC) Web site: https://harvester.census.gov/facweb/default.as2x/ 0 0 0 N ° c C .5 CL CL CO 78 Packet Pg. 1811 D.1.e c c� SECTION THREE: COUNTY FORMS AND INSURANCE FORMS c 2 [This page intentionally left blank, with forms to follow.] 0 0 2 N c c 2 LLJ CL CL 79 Packet Pg. 1812 D.1.e RESPONSE FORM .2 RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 r_ I acknowledge receipt of Addenda No. (s) I have included • Response Form • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Monroe County occupational license and relevant City occupational licenses are required to be obtained within ten days of award of the contract c • Vendor Certification Regarding Scrutinized Companies Lists • Minority Owned Business Declaration • Certification Regarding Disbarment • Anti-Lobbying Certification Form W • Disclosure Form to Report Lobbying (Form-LLL) I have included a current copy of professional and occupational licenses X (Check mark items above. as reminder that they are included) Mailing Address: Telephone: y Fax: Date: 76 Signed: (Print Name): y STATE OF: COUNTY OF: C Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization on LU CL (date) by (name CL of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC MyCommission Expires: 80 Packet Pg. 1813 D.1.e LOBBYING AND CONFLICT OF INTEREST CLAUSE .2 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE C (Company) 0 "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or c employee." 0 (Signature) �-- N Date: STATE OF: — COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization on (date) by (name of affiant). He/She is personally ru .2 c known to me or has produced (type of n identification) as identification. r- NOTARY PUBLIC CL My Commission Expires: CL 81 Packet Pg. 1814 D.1.e NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with 0 anycompetitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed bythe bidder prior to bid opening, directly or indirectly, to any other c bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; �-- N 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Signature: Date: STATE OF: ru .2 c COUNTY OF: n Subscribed and sworn to (or affirmed) before me by means of❑ physical presence or ❑ online notarizatior on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. LU CL CL NOTARY PUBLIC My Commission Expires: 82 Packet Pg. 1815 D.1.e DRUG-FREE WORKPLACE FORM .2 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). c 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea c of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. > 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. -- 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. X As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me by r_ means of ❑ physical presence or ❑ online notarization on (date) by LU (name of affiant). He/She is personally known to CL me or has produced (type of identification) as identification. CL NOTARY PUBLIC My Commission Expires: 83 Packet Pg. 1816 D.1.e PUBLIC ENTITY CRIME STATEMENT .2 "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 (Signature) c Date: STATE OF: -- N COUNTY OF: X 0) Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarization on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC c My Commission Expires: C CL CL 84 Packet Pg. 1817 D.1.e 76 Respondent's Insurance and Indemnification Statement Insurance Reauirement Reauired Limits Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 2 General Liability $5,000,000 Combined Single Limit Vehicle Liability $5,000,000 Combined Single Limit per Occurrence/$5,000,000 Aggregate 2 0 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS 0 The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended a as a result of the CONTRACTOR' failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity _ in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and y warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the ru indemnification provided for above. 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. 2 RESPONDENT'S STATEMENT CL I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. CL Respondent Signature 85 Packet Pg. 1818 D.1.e INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES r- 2 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of 0 Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: 0 Address of Contractor: > 2 Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: ru .2 Date: County Administrator appeal: Approved Not Approved Meeting Date: 0 Board of County Commissioners appeal: Approved Not Approved LU CL Meeting Date: CL RESPONDENT SIGNATURE 86 Packet Pg. 1819 D.1.e .2 f s � Minority Owned Business Declaration m r_ a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) 0 is a minority business enterprise, as defined in Section 288.703, Florida Statutes 0 or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. CD F.S.288.703(3)"Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 0 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or 6 gender makeup or national origin,which has been subjected historically to disparate treatment due to identification 0 in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and 0. whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a W parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or _ fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 �- million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. ru Contractor Sub-Recipient: Monroe County Signature Signature Print Name: Printed Name: 0 Title: Title/OMB Department: Verified via: https://osd.dms.myflorida.com/directories CL Address: DEO Contract: CL City/State/Zip Date: Project Number(if applicable): E 87 Packet Pg. 1820 D.1.e VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS .2- c c� Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: C 0 Address: > City: State: Zip: 0 Phone Number: Email Address: 0 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section c 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also C prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for 0 goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which 2 were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified �-- above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities x in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs.I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a u- false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized .2 Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations W in Cuba or Syria. ru Certified By: who is authorized' n on behalf of the above referenced company. c to si g n Authorized Signature: Print Name: Title: � Note: The List are available at the following Department of Management Services Site: E http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted sus 0 pended discriminatory complaints vendor lists > CL CL 88 Packet Pg. 1821 D.1.e c CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: By: Date: Title: Instructions for Certification Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior HUD approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this > 0 proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal," and �-- "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier _ Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). y e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered W transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person ' who is debarred,suspended,declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for y lower tier covered transactions exceeding the$25,000 threshold. — g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order CL to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of CL business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 89 Packet Pg. 1822 D.1.e CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS .2 (Compliance with 49CFR, Section 20.100 (b)) c c� The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any .2 federal loan, the entering into of any cooperative agreement ,and the extension, continuation, renewal, amendment , or modification of any federal contract, grant, loan, or cooperative agreement. 0 (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 0 with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction 0 was made or entered into. Submission of this certification is a prerequisite for making or entering into this 76 transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required > certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Contractor/Consultant: By: (Print Name) Date: Authorized Signature 76 Title: r- 2 CL CL 90 Packet Pg. 1823 D.1.e I DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (1) (See reverse for public burden disclosure.) 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract na. bidlofferfapplication a. initial filing 76 b. grant ` Jb. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: m d. loan year quarter 0 e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subaward'ee, Enter Name ❑Prime ❑Subawardee and Address of Prime: Tier if known: 0 Congressional District, if known: 4o Congressional District, if known: CD 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: 0 CFDA Dumber, if applicable: > 2 8. Federal Action Number, if known: 9.Award Amount,if known: N 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual; last nacre, first name, Ml): different from No. IOa) (last name, first name, Ml): x 11Information requested through this form is authorized by title 31 W S.0 section '1352, This disclosure of lobbying activities is a material representation of fact Signature: (V U upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352, This Print Dame: information will be available for public inspection_ Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and Title: not more than$100,000 for each such failure.. Telephone No.: Date: � Authorized'for Local Reproduction Federal Use Only. Standard Form LLL(Rev.7-97) y C 2 CL CL 91 Packet Pg. 1824 D.1.e c INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES W This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action,or a maternal change to a previousfiling,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each paymentor agreementto make paymentto any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Memberof Congress in connectionwith a covered Federalaction.Complete all items that applyfor both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. C 1. Identify the type of covered Federal action for which lobbying activity is andior has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action- 0 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which tite change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action- 0 U 4. Enter the full name,address,city,Stake and zip code of the reporting entity.Include Congressional District,if known.Check the appropriateclassification U of the reporting entity that designates if It is or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime its the 1st tier.Subawards include but are not limited to subcontracts subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,If known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the fulls Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. v) 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g..Request for'Proposal(RFP) number; Invitation for Bid (IFB) number grant announcement number; the contract, grant, or loan award number; the application!proposal control number X assigned by title Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." J 9. For a covered Federal action where there has been an award or lawn commitment by the Federal agency,enter the Federal amount of the award loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting 0) entity identified in item 4 to influence the covered Federal action. U U (b)Enter the full names of the individuals)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle initial(MI). U 11.The certifying official shall sign and date the form,print hisiher name,title.,and telephone number. N According to the Paperwork Reduction Act.as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid'OMB control number for this information collection is OME No. 0348-0046. Public reporting burden for thus collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. U CIL CIL 92 Packet Pg. 1825 t IN- wr RT ,4 ay r Maly l _ r � I _ r t ,) 5 a ^ — 1 t _ F, J , s s� t t t I� t a r l 1 I_ / 1 a t a § r G L E 76 1,1, BLIP t 1 r } 4 t .N t 4 t �T a ti � t , � t I 1 � _ 5.�3. .N � �ipp(, � t ai ��� YF� 8 � � a� fig. ��{,'J { #• 4"""" r CL August 6 , 20 2 ► to fs 2 mr-m- ro- poxce-al T'l 'Envirvommltev- ntal & H h-s o It Kill: 11: blit: vzcs ,.tl�/t78f{ ,t78f{ a ft` ����ttttttttt of a umi ,ftr \}''uuu ,fZ ( ztn)``xt I ' . GLE Associates, Inc. Contact Person- 1000 Imo/65th Street, SuG e 0 -D John Simmons Ft. Lauderdale, Fla. 33309 Director of South Florida � Aerations Phone: (7 4) 3- 697 - . - - Packet Pg. 1826 5 r � rY y f { ._ m _ TABLE OF CONTENTZ'Sm . C t ` EXECUTIVE SUMMARY 01 PAST PERFORMANCE ON SIMILAR PROJECTSc 2 PROJECTAPPROACH STAFFING FORTHIS PROJECT & QUALIFICATIONS OTHER INFORMATION PROJECT BUDGET c FINANCIAL INFORMATION AND LITIGATION � COUNTY FORMS 2 C 0 TABLE OF CONTENTS Client success since 1989 Packet Pg. 1827 t Z 4e �� f rti vP 5. r r D Y 9 T' z t {lz EXECUTIVE SUMMARY GLE Associates, Inc., ( L ) is a Florida-based environmental, facilities, architecture, and engineering consulting firm committed to supporting the Environmental & Historical Review Services for the Community Block Grant- >r_ Di ter Recovery( i ' -i )Volunt ry Horne Buyout' rogr r for,Monroe County(County)through unparalleled 0" quality and professionalism. GLE is one of Florida's largest full service facilities and environmental consulting fir 0 GLE is a 30-year experienced environmental consulting firm with fire Florida offices including our, long-standing Ft. 'Lauderdale office. As a recognized environmental l consulting leader, GLE has provided comprehensive environmental consulting services to area, 110 public agencies throughout Florida. The majority of our work has been completed under tern and continuing service contracts. totaling over$175 million in construction costs over, the last fire years. 76 0 GLE provides comprehensive environmental consulting services including: Environmental Review Record. Environmental Site Assessments, Environmental [due Diligence, Sail & Groundwater Remedi Lion Design, W USA Management; Sampling & Monitoring; Turnkey Rernediation & Construction; Operations Maintenance; 0. Contamination Assessments, Asbestos/Led Surveys, Asbestos/Led Abatement, and Indoor Air Quality Assessment & Remedi Lion. ca ,coining our to m forwetlands and ecology related services is QuestEcology Inc. (Quest). Quest is a state certified au DBE and MBE ( roan-owned) business specializing in ecological studies and natural resource management. cn Quest was founded in October, 1996, and has grown to a dedicated team of professionals, specializing in wildlife biology, wetland science; land management; GI, and public involvement. GLE's project approach enables us to meet your multiple Facilities & Environmental Project needs in a cost-effective, timely nner. 76 .2 c Together, re have unsurpassed knowledge and experience Frith Title 2 , 'Part 58 and Council on Environmental l . Quality ( EQ) regulations,American Society for besting and Materials ( TM) -1 27 standards for,conducting Environmental l Site Assessments (' As), 'National historic Preservation Act. Executive Order 11988 (Floodpl in Management) and 11990 (Wetland Protection), Clean Air Act; 24 CFRPart 51, Executive Order 12898 (Environmental ,Justice), Coastal Zone Management Act of 1972, Coastal Barrier Resources Act of 1982, LU U Endangered Species Act of 1973. Wild and Scenic Rivers Act of 1968, EPA'EPA's All Appropriate Inquiry Rule ( CFR Part 12), Flouring and 'Urban Development (HUD) and Florida 'Department of Environmental Protection (Fi EP) Standard Operating Procedures (SOP). John Simmons will serge as Contract Manager. A -year experienced professional; Mr. Simmons manages the South Florida Operations of LE and will be the County's primary point of contact for, the life of the contract. By maintaining a single point-of-contact; LE provides consistency of work, minimizing any administration time required by the County. He has the authority to allocate GLE resources and personnel to the benefit of the County Packet Pg. 1828 4 ti "` At s specific project needs dictate. Mr. Simmons will be supported by Robert Greene, PE. PG, CIH, LEED AR as Project Princip l-, and John Hansen; PG, as A/QC Outdoor, Environmental. and Mr. Michael Collins, CIH, CSR, � CIEC as QA/QC Indoor Env ronrnental. r. irnmons will also be assisted by a strong cadre of local technical and field team support, With '70% of our work representing public agencies; GLE understands the time and budget constraints under, which your agency operates, and mie have developed proven approach that enables us to meet your service needs; quickly, accurately and cost-effectively. GLE routinely performs multi-site evaluations under,a single contract scenario 0 GLE prides itself on meeting or,exceeding established schedules and deadlines with regard to environmental consulting services Since our,founding in 1989, GLE has worked under a pride range of government review over criteria especially � HUD review guidelines, NEPA and CDBG and CD -DR. 0 Our,team a its will ensure that your project will receive: 2 0. 0. Rapid response W Accurate and thorough analysis Consistent communication Superior client service Innovative, practical and cost effective solutions The enclosed document further exhibits our, understanding and ability to fulfill the rguirnnts of this RFPy including qualifications, experience; and desire to provide you with environmental consulting services. W sincerely appreciate this opportunity to respond to your Request for, Proposal and look forward to the opportunity m to work Frith you. > LU W C 0 LU EXECUTIVE SUMMARY Packet Pg. 1829 t Z vP 5. r r D Y 9 T' z RELEVANT EXPERIENCE 111 t{ cB GLE specializes in providing environmental; architectural; engineering; and construction consulting services to both private and public sectors. GLE has completed thousands of environmental and construction consulting .!° projects for both public and private clients; since 1989. � 0 We have a proven track record in helping Clients comply with Federal, State, & local regulations, such as: • Community Development Block Grants (CDBG) • US Department of Housing and Urban Development (HUD) • Florida Department of Environmental Protection (FDEP) regulations • EPA regulations • OSHA regulations • National Environmental Policy Act (NEPA) • Council on Environmental Quality (CEQ) regulations • Low Income Housing Tax Credits P • American Recovery & Reinvestment Act (ARRA) • Neighborhoods Project Funding (NSP) • CHOICE Neighborhoods Project Funding CL • Private-Public partnerships In addition; GLE has served on state and national committees for the development of due diligence regulations; and our principals are on the forefront of this industry. We maintain close working relationships with the FDEP, EPA and local regulatory agencies; helping to satisfy the technical requirements of these regulatory agencies2.1 and the budget constraints of our client. GLE's multi-disciplined team of professionals consists of geologists; building assessors; architects; construction > consultants; engineers; environmental scientists; certified industrial hygienists; asbestos consultants; and industrial hygienists. We also have on staff EPA accredited lead-based paint inspectors; risk assessors and ., designers; radon measurement and mitigation specialists and measurement technicians; and American IAQ Council Certified Indoor Environmental Consultants. Our in-house staff of environmental professionals, architects; .N engineers; and construction specialists have provided thousands of property and environmental assessments to both public and private clients; including nearly 60 Public Housing Authorities. With nearly 90 employees bringing expertise; we provide innovative solutions in a timely and cost-effective Lou manner.There is no better advertising than ourwork. Over'T0%of GLE's work is earned from repeat business. We have helped public agencies comply with the federal; state and local regulations associated with Environmental c Review Records, Due Diligence Phase I & 11 Site Assessments, NEPA analysis, HUD and CDBG, soil andLU ' groundwater contamination assessment and remediation design; asbestos; hazardous waste; and other, site and building concerns. We have worked on many complex issues for various property types. This experience; combined with our,ability to provide successful project management and administration; creates a unique team; W able to meet the comprehensive coordination needs of this contract. RELEVANTRI Packet Pg. 1830 4 ti "` At Most recently; GLE has provided Environmental Review Record and Environmental Site Assessment services for the following public clients within the last 4 years: � • FDEP - Florida Department of Environmental Protection • US Dept. of Veterans Affairs • Miami-Dade County Internal Services Department • Hillsborough County • Manatee County • St. Johns County • Fulton County Government • Bartow County Commissioners Office • City of Dade City • City of Ocala • City of Lauderhill 0 • City of Palm Bay • City of Macclenny • City of Palm Coast • Hillsborough County Fire Rescue W • School Board of Broward County • School District of Palm Beach County • Pinellas County Housing Authority • Alachua County Schools • Suwannee County Schools • Baker County Public Schools • St. Johns County School District • Tampa Housing Authority • Lakeland Housing Authority • Pahokee Housing Authority • Orlando Housing Authority • Decatur (GA) Housing Authority • Atlanta Housing Authority y • Georgia Dept. of Community Affairs (DCA) As previously mentioned; the above clients are merely from the past 4 years for ERRS and ESAs. GLE has had the privilege of working with many of these clients for over,30 years; providing them not only with ERR and uJ ESA services, but a myriad of indoor and outdoor environmental services. Additionally, our management team has been with GLE for 20+ years; working together,to provide the services listed in the RFP for public clients throughout Florida. Our, team of multidisciplinary professionals, and consistency of management; has made GLE the one-stop shop for many public clients environmental consulting needs. e offer Monroe County a team of seasoned experts that have decades of experience working together to help our clients accomplish their environmental consulting needs. RELEVANT EXPERIENCE Packet Pg. 1831 t Z 4e �� f rti vP 5. r r D Y 9 T' z 0,31 PAST PERFORMANCE ON SIMILAR PROJECTS ��� C NEIGHBORHOOD RENAISSANCE, INC. (WEST PALM BEACH) Location: 510 24th Street, Sulte Aa, Nest Palm Beach, FL 33407 Contact: Michael Pecar ® m ichael p@ neigh boncoc r n G roc .cr ® 661.83 -6776 Duration: 2020 0 GLE completed are ERR per CFR 'Part 58 of a residential parcel of lead located ithin the boundaries of � West Pala 'Beach; Florida, to applicability to HUD criteria. The project involved on site and area surreys in conjunction with database searches. The final report documented GLE's finding on the site regarding but not limited to airport hazards; coastal barrier resources; flood hazards; clean air act compliance; coastal zone management, contamination and toxic substances; explosive and flammable hazards; farmlands, floodplains, historic preservation. noise abatement; sole source aquifers. mietlands. gild and scenic river's and environmental justice compliance. The project resulted in a recommendation and approval to funding. P TAMPA HOUSING AUTHORITY Location: 5301 W Cypress St., Tampa. FL 33600 Contact: Terrance Brady ® t rr nc .br y@th tl.ccm - 813-263-0661 Duration: 10 6-On cin ALB has seared as the environmental consultant and remediation contractor, to the pampa Housing Authority ca under an IDIQ contract since 1998. In this capacity, we have completed over 200 projects to Tampa Housing Authority. ALB has completed over 12 ERR in accordance with 24 CFR Part 58 to locations including lots, apartments; homes; a 160-unit senior,building; and a 120-acre mixed-income mid-rise residential building wherem the responsible entity was the City of Tampa and the grant recipient; the pampa Housing Authority. a ALB has performed Phase I ESA ESAs and 'National Environmental Policy Act ( P ) Checklists; including completion of 'United States 'Department of Housing and 'Urban Development (HUD) Form 4128. which included .2u compliance findings to 50.4 Related Lars and Authorities.As part of each investigation, ALB obtained NEPA y database report In order to address items listed In the HUD Form 4128. 'To supplement the NEPA database; - GLB reviewed vail bl maps, submitted Freedom of Information Act (F CIA) requests to local authorities to information pertaining to state historical preservation, US Fish and \Afildlife Service, etc.At the completion of the project; GLE prepared a final report summarizing the investigation, including the completed HUD 4128 term and >r- supporting documentation. GLE also performs ERRs per 24 CFR Part 58. The ERRs are used to decide whether HUD venture is eligible to funding by addressing a variety of categories that may affect the completed project. 0 Projects have also included environmental site assessment and engineering; asbestos and lead based paint LL consulting and abatement to the demolition of multiple housing projects to reconstruction under, the Hope VI Program. GLE has conducted lead inspection and risk assessment services In response to elevated chill bloc lead levels and abatement of interior and exterior, portions of the housing units based on the results of lead inspections and risk assessments. Most t recently GLE completed the confirmation sampling of lead-based paint components In over '760 residential units from two of Tampa Housing Authority neighborhoods. ALB has also Zu provided Underground Storage dank ('LSD) removal and building envelope evaluations. m�q�i'il�0o PAST PERFORMANCE ON SIMILAR PROJECTS Packet Pg. 1832 4 ti "` At GLE has been conducting Environmental Assessments of the Property rty formerly knomin as the 'North Boulevard Homes public housing complex, which encompassed 680 housing units on approximately 57 acres along east E Main Street in Tampa; Florida, since 2010. 'This housing complex has been demolished and is undergoing redevelopment part of the east River Redevelopment Plan. In 2010, 2014, rid 2017, GLE conducted US Housing and 'Urban Development(HUD) required Part 50 National Environmental Policy Act (N ) assessments to assist the Dousing Authority to determine whether planned � redevelopment activities to be funded by HUD would result In significant environmental Impacts to the Property. No significant Impacts miere Identified. 0 GLE conducted a Phase I nvP rorPmen l &te Assessment (Phase I ESA) of the North Boulevard Homes property. Research conducted during the 'Phase I ESA Identified n- and off-site Recognized Environmental c Conditions; Including historical cleaners and automotive repair facilities on the Property, and off-site facilities with documented subsurface contamination with potential to impact the Property.As a result; subsurface assessment 76 mias recommended to determine the type and extent of impact; if any, by the prior,activities. > 2 0. GLE conducted a fimr f d Phase 11 nvP rorPrr en l &teAssessment(Phase 11 ESA), wNch correlated of forty-seven soil borings with soil and groundwater sampling. Results of laboratory analysis indicated elevated concentrations of yr nyl chloride In four locations, and lead and €:hrorrrlum In two locations. Based on the results of the assessment, GLE recommended installation of permanent monitoring wells in the six locations to facilitate future monitoring. In addition; based on the location and identified groundwater floe direction at the property, GLE concluded that the vinyl chloride contamination was impacting the property from an off-site former, chemical company, With an approximate 18-acre plume causing impacts to the North Boulevard Homes property. GLE further concluded that y the property would continue to be impacted by the offsite property unless or, until groundwater migration could be controlled; or,the offsite property underwent active r m di tlon. Additional subsurface testing in 2016 verified continuing impacts from the off-site facility. The Property is currently in the process of redevelopment. In 2017. GLE conducted an additional assessment at the property which included the following: 76 • 'Direct push technology ('DPI) groundwater sampling at 14 locations y_ • Permanent shallow. intermediate and deep monitor,well installation totaling 20 Wells • Groundwater sampling for chlorinated solvents, and • Determination of the groundwater hydraulic gradient in two separate hydraulic zones. > The assessment determined the following: 0 • The shallow surficial aquifer,and the intermediate aquifer were both impacted with vinyl chloride (VC) above groundwater cleanup target levels ( CTLs), while the top of the Floridan Aquifer was not impacted. • groundw t rflow in both the surficial and intermediate aquiferswas towards the northeast and the Hillsborough R v r. • Research indicated that the -gradient source of the VC was from a known hazardous waste site called wE Former Industrial Chemical Supply, located approximately 0.25 miles southwest of the property. SIMILARPAST PERFORMANCE ON Packet Pg. 1833 t Z 4e �� f rti vP 5. r r D Y 9 T' z The Florida Department of Environmental Protection tion (FDEP) granted the property a No Further Assessment status based on GLE's findings. GLE is currently working pith the client developing restrictive covenant and brownfields application for the property. � r- GLE has also conducted projects related to mold assessments in damaged facilities. feasibility assessments `> for past and present project sites relative to potential environmental contamination. 'Phase I environmental site C assessments. feasibility analyses forthe redevelopment of old landfill sites owned by the HA. radon testing; HUD Noise Assessments and ether indoor air quality work. GLE served as the engineer and construction manager for the building demolition and site redevelopment of the RiverviewTerrace Apartments, supervising the demolition of 125 units within a 3 -unit complex. Our, unique qualifications for this project included both the engineering expertise required for the demolition/reconstruction and the environmental consulting expertise to surrey and � remediate the asbestos and lead-based paint prior to the commencement of demolition activities. The project was further, challenged by the need to complete all demolition and redevelopment tiviti rhil more than 60% of the units remained occupied. therefore; resident safety and maintenance of utilities became issues of paramount concern. The project was completed on time and under budget. GLE has conducted lead paint surreys in 1 pampa Housing Authority residential multi-family properties. The � surreys were conducted utilizing XRF technology in a randomly selected number,of units for a 95% confidence of the nearly 2,200 units assessed. in accordance with HUD Guidelines. GLE has also conducted follow-up eval tin including paint chip sampling; and abatement project monitoring; to lower, the risk posed by lead paint in housing units. GLE also conducts risk assessments in'Tampa Housing Authority properties that are determined to house miners with Elevated Blood Levels (F. L). F L Assessments are enhanced rusk assessments designed to d t rrr m whether the lead exposure within the housing unit may be the cause of the elevated blood lead level. The risk Cn assessment includes an occupant interview, and identification and sampling for potential lead hazards; including � paint; dust; soil and grater samples. GLE has conducted over,30 FILL risk assessments for'THAg. a CITY OF PALM BAY 2 Location: 399 Carlyle AveF, Palm Bay, FL 32909 Contact: 'Nancy Jewell ® ' n y.j r ll lmb yfl. rg ® 312-9 2-3 03 T) Duration: 07/2013-03l2013 GLE was tasked for the completion of a HUD 24 Part 58 Environmental view Record under a CDBG grant in ' r v rd County. At the time of the project, the land was being leased from the City from the semi-permanent building used by the City of Palm Bay as Fire Station #5 had been damaged during storms and encountered grater, damage and structural damage to the floors. Other, features of the property included a pole garage and two (2) storage sheds. the City proposed to remove the grater damaged semi-permanent building and construct ' new building in the previous footprint of the old building. The new building would be built to withstand grinds encountered during hurricanes to providesafety and avoid evacuations. The estimated total project cost eras 1300.000.00. The only issue identified during the review indicated the projectwas located within a Special Flood � Hazard Areas Zone A; areas described as being Without Base Flood Elevation (' FE). The city was required t � provide proof of a current flood insurance policy. The Final Report was submitted to the Client 2 days early. F I Packet Pg. 1834 4 ti "` At The City of 'Pala Bay decided to consider, a second location for the new fire station. At the time of the project, the lard was developed pith a commercial building; pared parking areas and drives, and a lift station. The City proposed to repurpose the on site building to operate as a fire station with part time living quarters, administrative � use; and equipment and vehicle staging and care. the estimated total project cost was 1;300.000.00. No issues were encountered with this location. The Final Repot was submitted to the Client .7 days early. ST. JOHNS COUNTY Location: Various--St. Johns County, FL Contact: Regina Voight ® rvc ght jcfl. ® 0 -209 080 Duration: 2019-Ongcing Under a CDBG­DRnvircnm nt l Consulting term contract with St. John's County, GLE performsEnvironmental Review Records and Environmental Assessments as required by the National Environmental Policy Act ( .PA) c of 1 ; Phase 1; 11 and III Environmental A m nt - site evaluations- mitigation plan and design- and asbestos surveys. c 76 Most recently, GLE completed three Environmental Assessments per 24 CFRPart 58 for St, Johns County P as part of the nty' - /HUD 'Disaster, Recovery Infrastructure Program. St, Johns County received this grant opportunity due to ongoing flooding encountered during severe storm agents. The repeated flooding agents damaged reads, stormwater systems, and nearby residential homes and property. These Environmental Assessments met the requirements for HUD and the Florida Department of 'Economic Opportunity. The Environmental Assessment research and consultations included the following areas: Airport rt Hazards; Coastal Barrier Resources; Flood Insurance; Clean Asir Act, Coastal Zone Management; Contamination and Toxic Substances; 'Endangered Species; Explosive and Flammable Hazards; Farmland Protection; Flood l in Management, Historic Preservation, Noise Abatement and Control, Sail Source Aquifers, Wetlands Protection, Wild and Scenic Rivers, and Environmental ,Justice. The Armstrong Road Infrastructure project in the city of Elkton, FL, included the deepening of existing stormwater, a swales and ditches; installation of new culverts, and the installation of a sidewal k. This area of Elkton is historically significant due to the long existing railroad community and includes the Palatka to St.Augustine State Tr il, Which .2 crosses through the project boundaries. Consultation with the State Historic Preservation Officer was initiated y and is an ongoing part of the project final planning process. The South Orange Street infrastructure project in - t. Augustine, FL, included the installation of a subterranean storm grater system to replace the existing h llo r swale system. 'Nearby wetlands made it necessary to complete a wetland delineation survey. The resulting wetland maps are to be used during the project final planning process. the largest of the three projects;Avenue D. Tart Road; and 'Dig Oak Road; located in St. Augustine, FL, extends approximately 4 miles and includes several roadways. 'This project included replacing culverts, deepening ditches; installing new ditches; and grubbing existing swales and ditches. 'This project traverses sev r l mapped wetlands and flood plains. Due to c the wetland and flood plains within the project area; the &-step process was completed. Additionally, a wetland delineation surrey was completed and the resulting maps are to be used during project final planning. There have been no state or,community audit findings. PAST PERFORMANCE ON SIMILAR PROJECTS Packet Pg. 1835 t Z 4e �� f rti vP 5. r r D Y 9 T' z CONFIDENTIAL FINANCIAL CLIENT Location: Various—Florid Various—Florida and Georgia Duration: 200 Ongoing Over the last 14 years, GLE has successfully emerged as a leading provider of environmental due diligence � consulting services for the bank'bank's projects located throughout the southeastern United States. The bank is r- 0 among the nation's top fin nciakholding companies and operates more than 1800 financial centers in 12 states and Washington, D.C. � 0 GLE's vast technical expertise in the environmental arena; coupled with our, commitment to identifying giant needs and rills tolerances on a project by project basis; have resulted in the successful completion of over, 12 2,500 environmental assessments/investigations for this large banking client. GLE has assisted the bank with environmental due diligence involving a widerange of properties; including gasoline stations. retail shopping a centers, restaurants, commercial dry cleaning facilities; apartment complexes, hotels; proposed neighborhood developments, metal recycling facilities and numerous light industrial facilities. GLE has provided the bank with comprehensive environm nt l consulting services. including: 0 Over 1 000 Phase I FSAs Regulatory File Reviews & ERRS 76 Over 1 0 Phase 11 FSAs Contamination Assessments 2 Over 00'Transaction Screening 'Process (T ' ) - Remediation 'Designs and Site Clean-up Services 55 tormw t r and Erosion Control Assessments - Groundwater and Well Monitoring and rd Party technical Peer Revises Sampling Services ALE has also completed over, 50 projects related to asbestos, LBR cause and origin; structural evaluations, IAQ, hazardous materials. radon and mold consulting services. In a recent meeting with the bank; ALE was a Informed that In 2009, 2010, 2011, and 2012, GLE marked 1st In the country In terms of overall revenue from y environmental projects awarded to consultants. In 2013 and 2014, ALE ranked 2nd in the country in terms of overall revenue from environmental projects. ROCHA BJJ CORP.—PHASE I AND PHASE II TAFT STREET Location: Taft Street; Hollywood FL 33020 Contact: V gn r Roch - v gn rroch 2@gmar l.com - 9 4- 6 - 600 Duration: 10/201 -11/201 c T) ALE was contracted to perform a Phase I Environmental Site Assessment ('ESA) on a Property located at 0 92- 94 Taft Street; in Hollywood, 'Drow rd County, Florida, during the dire diligence period as part of a > property transaction. 'Based on historical research conducted of the property, ALE determined the Property was utilized as a dry cleaning facility from approximately 1971 to 2009. Additionally, ALE determined that 01 the adjoining property to the east has been operating as a gasoline station since approximately 1971. result, ALE recommended a Phase 11 ESA be performed. The Phase 11 was consisted of laboratory analysis for soil and groundwater taken from the Property, as well as sorb slab vapor, analysis of the sub concrete slab LU for volatile organic compounds. The results indicated the presence of trace concentrations of volatile organic compounds in groundwater Additionally, sorb slab vapor, concentration indicated the potential for hazardous vapor's to enter,the building. ALE recommended the sealing of interior, utility perforations and the collection of indoor,air samples. Results did not report the presence of indoor,concentrations of volatile organic compounds and the building slab was sealed. the final report recommended no further action and the property transaction was approved for financing. PAST PERFORMANCE I T Packet Pg. 1836 4 ti "` At DECATUR HOUSING AUTHORITY Location: 750 Commerce Drive, Decatur, GAS 30030 Contact: Douglas Faust - dsf@decaturha.org - 404-270-2101 � Duration: 201 Ongoing 0 Since 2016, GLE has been contracted by Decatur Housing Authority (DHA) for Environmental Consulting a Services. Accordingly, as part of a tax credit application project for the Georgia 'Department of Community Affairs (D ), GLE performed a 'Phase I ESA for the DHA In accordance with Standard 'Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process; ASTM Standard D 1 27-13; and the Georgia DCA Environmental Manual. Per, the DCA guidelines; certain non­scope considerations mi t required to b performed as part of the Phase I ESA, and Included the following: Wetland -Ag determination mias made regarding whether any portion of the Property is or,may be considered jurisdictional mietiands, based on review of the US 'National Wetlands Inventory map, visual assessment during the site visit, and review of other relevant sources (Including; but not limped to; the USG USGS topographic map and Soil Surrey for the Property). State Meters ._ Review of map for any potential State Meters that require a buffer. Flood I In ._ Review of the available Federal 'Emergency Management Agency (FE A) National Flood Insurance Map to determine if any part of the Property is located In a 100-year flood plain/flood r y. -- Noise-- Performance of a HUD noise assessment. Water Leaks/Mold/Fungi/Microbial Growth-Visual assessment for visible grater leaks, mold,fungi or microbial growth In or,on any on­site structures or, improvement. Radon G ._ Review of the EPA Map of Radon Zones. Asbestos._ Performance of a pry-demolition asbestos material surrey In accordance with NESHAR Lead­Based Paint (L'DP) ._ Review of existing L'DP reports for compliance with HUD. and collection and analysis of lead 'T LP samples for waste disposal characteristics. Lead In Soil Sampling ._ Due to former on­site structures that occupied the Property prior to 1078; per DCAm requirements; ALE collected representative soils samples for lead analysis. Lead In soil mias Identified above a the threshold for Georgia and a source removal of the Impacted material \Alas performed by ALE within limited tim fr m . 2 Lead in Drinking Water -- Reviewed the current EPA standards for lead in drinking grater. Based on the y planned demolition of the Property building; no lead In grater sampling eras performed. Polychlorinated 'Dl h nyl (PCBs) ._ Documentation of the ownership and condition of any transformers or, other electrical equipment that may contain PCBs. Endangered Species ._ Review of a lit of protected species from the US Fish and \Afildfife Servicesand submittal of a request for information to the Georgia hurl Heritage Inventory Program. Historic Preservation ._ Submittal of a Section 106 Review to the State Historic Preservation office ( P ) regarding whether the proposed project may have an effect upon properties Included In or,eligible for Inclusion c In the rational or State Register of Historic Places. ' Subsequent to the Issuance of the Phase I ESA and acceptance by DCA, GLE prepared asbestos abatement specifications, assisted with the bidding process; and performed third­party clearance sampling post abatement. There have been no state or,community audit findings. -.WON I Packet Pg. 1837 t Z 4e �� f rti vP 5. r r D Y 9 T' z MONTGOMERY HOUSING AUTHORITY (MHA) Location: 525 South Lawrence Street, Montgomery, AL 36104 � Contact: Harold "Ki y" date; A IAg ® ht t r h tcd y.crg ® 334-20 -717 D r tion: 2014 2 .5 In 2014, CALF mias selected as are Environmental Consultant for MHA to provide Environmental Review Services for eleven (11) properties receiving federal f nding. The environmental reviews were performed in accordance With accordancewith 24 CFR Prt 58 fortheAgency's Capital Fund Prcgr r ,which was receiving funds from the United States Housing and 'Urban Development (HUD). Specifically, CALF was contracted by MHA to provide guidance regarding what level of environmental review was required based on planned renovation. demolition or, � construction activities. 'Based on the scopes of work provided by MHA, CALF performed 'Phase I ESAs, HUD EA and Determination Evaluations for sites that were Categorically 'Excluded Subject to Section 58.5 (pursuant to 24 CFR 8.3 ) and HUD Environmental Reviews for activities/projects that were Exempt or, Categorically Excluded Not Subject to Section 58.5 [pursuant to 24 CFR Part 8.34( ) and 8.3 (b).]. As a result of the EAs, ALB performed a Phase 11 BSA and an environmental evaluation regarding the enrollment of a property into the Alabama Department of Environmental Management (A DEM) Voluntary Clean-up Program ( CP). P GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) Location: 60 Executive Park South, NE, Atlanta, CA 3032 Contact: Chelsea Arkin - chelsea.arkln@dca.ga.gov - 404-979-480 /404-32 -0349 Duration: 2007-2009 and 2012-Ongoing ALB was selected as an Environmental Consultant for the DCA Office of Affordable Housing In 2007. 2008 ca 2009, 2012-2020. ALB was specifically retained to provide expert third party technical reviews of comprehensive environmental site assessment reports (Phase l ESAs and Phase 11 8 ) prepared by other consultants for DCA funded properties located throughout the state of Georgia. GLE's primary duty is to determine the technical m sufficiency of the provided environmental site assessment reports with respect to compliance with the recent >W American Society for 'Testing and Materials' (ASTM) Standard Practice for Environmental Site Assessments76 Phase l Site Assessment Process; ASTM E1 27 (currently ASTM E1 27-13), the Environmental Protection .2 Agency's standards for"All Appropriate Inquiry" ("A AI"), requirements of the current DCA Environmental Manual; and to advise DCA on any report deficiencies and/or,the need for additional investigations or,corrective actions. In .N addition to the traditional Phase l Environmental Site Assessment scope of work, ALB provides technical direction and consulting services to DCA relative to wetlands, flood plain; noise; hazardous waste. asbestos, lead-based � paint; lead In drinking eater,and radon issues. r- 0 PAST PERFORMANCE ON SIMILAR PROJECTS Packet Pg. 1838 4 ti "` At CITY OF PEMBROKE PINES Location: 8300 South Palm C rlv , Pembroke Plnes, FL 3302 Contact: Steven Buckland - b ckland in .ccr - 9 4-214-83 0 � Duration: 2012-2010, 2017- ngcing 0 CALF was selected to serve as one of the City of Pembroke Pines Residential Rana Inspector, to mold and lead assessment services. We also complete asbestos and other,environmental consulting services due to our wide array of services and multi-di ci lGn ry professionals. CALF has provided environmental consulting services for the City since 2012. Services provided for the City Include: • Asbestos surreys to identify the presence and location of suspect asbestos-containing materials (ACM) associated with various building; structures; and associated piping. • Bulk sample collection and analysis of suspect asbestos-containing materials in accordance with � regulations as established by the Occupational Safety and Health Administration (OSHA) and the National Emissions Standards for Hazardous Air Pollutants (NE A P). • Asbestos sample collection performed by GLE's Environmental 'Protection Agency/Asbestos 'Emergency Response Act (EPA/AHE A)-accredited inspectors. • Asbestos abatement project monitoring and supervision. .� • 'Bost-asbestos abatement inspections and air clearance testing. • Mold consulting activities including preliminary mold assessments for i t r-damaged and/or, mold- impacted building materials, and building materials exhibiting elevated molsture content. PALM BEACH COUNTY Location: 100 A ustr llan Avenue, Suite 200, West Balm Beach, FL 33400 Contact: J zmGn 'Limos -j lmo 9 bcgov.org - 01-233- 423 Duration: 2010-2020 > ALB has provided environmental consulting services for Palm Beach County since 2010. In total we have 2 completed more than 120 projects for the County. Services have included ALCM air monitoring; ALCM demolition surreys and reports. Facilities have grid and include the courthouse; a single family residential facility, local airport; former veterinary clinic and other county-owned facilities. In addition; ALB has performed air monitoring and project supervision during the removal of asbestos-containing materials prior to the demolition of buildings. BROWARD COUNTY MINORITY BUILDERS COALITION Location: 665 SW 2 th Avenue, Fort Lauderdale, FL 33312 Contact: Janlce Hayes - ,Jan�ce.H y s@M rorGtyBuGld rs.org 9 4-792-1121 Duration: 2013-2017 ALB provided environmental consulting services to Bro i rd County Minority Builders Coalition from 2013- 2017. 'During those four years, ALB completed more than 70 projects for CBMBC including 57 lead-based paint 5 surreys and 12 mold assessments. Lead and mold assessments were completed on residential properties throughout Brorrd County. PAST PERFORMANCE I T Packet Pg. 1839 t Z 4e �� f rti vP 5. r r D Y 9 T' z CITY OF CORAL SPRINGS/COMMUNITY REDEVELOPMENT ASSOCIATION OF FLORIDA E Location: 8569 Plnes Blvd., Sulte 201, Pembroke Plnes, FL 3302 2 Contact: 1manl Furl - lH rrl 9cr fl .crg - 9 4-431-7300 ext. 11 Duration: 011- ng lng w 0 ALE was selected to serve as one of the City of Coral Springs Residential Rana Inspector and Cost Estimator due to ourwide array of services and multi-disciplinary prof lcn l .'Tc date; GLE has provided Pr lir in ry Mold Assessments (P A ) and 'Post-Mold Remediation nfirrn ticn 'Testing as (' 1 T) for 14 hcmes; lead-based 5 paint (L'EP) testing for fear homes and two home inspections. In addition, ALE has also completed Property Condition Assessments for the City of Coral Springs. ENVIRONMENTAL ASSESSMENT FOR SEWRF LAKE EXPANSION c C ie t: barrettes County through Klml y-H rn (KHA) t oc trorr: Manatee County, FL c QU E S`l' C u, r tr rr: January 2018._,April 2018 Quest conducted n Environmental Assessment (EA) for the SE L F Lake Expansion Project located south of the Manatee County Landfill in Bradenton, Manatee County, Florida. 'The purpose of the assessment was to evaluate known and potential environmental constraints to the proposed ctivltl s that Included: • Excavate 0.11 acres of upland cart ditches and fill 0.05 acres of upland cart ditches for the purpose of expanding (try 15 acres) an existing lake (East Lake) used to store reclaimed eater, � • Fill 0.02 acres of wetlands part of the East Lake Expansion, a • ,hack and bare via trenchless methods 42-inch steel pipe 210 linear feet under, wetlands associated with Cypress Strand Creek, .2 • Fill 1 .04 acres of open eater (Seth Lake) used for reclaimed eater storage as part of a reshaping and y r c ntouring project. Recontour, and excavate 31.4 acres of lake bottom in the South Reclaimed Storage Lake. R contour and excavate 3.96 acres of the lake bottom of the East R cl lmed Storage Lake. 'The 'EA was based on information provided by KHA, the results of a desktop review of available information, and site visits conducted y Quest's Quest' Senior Ecologist. 'The project value i 20,000. 0 0 PERFORMANCEPAST IPROJECTS Packet Pg. 1840 4 ti "` At I aal ENVIRONMENTAL ASSESSMENT PERMITTING, f COMPLIANCE SERVICES Client- Florida Power and Light Location: 'T roug out u nin l r Florida(Manatee; Sarasota, Charlotte, Desoto; Lee; Collier, a ..0 ES T Highlands; Glades, Okeechobee. Martin; ' r v rd; 'Pala Beach; Miami-Dade; e c o 1 ogy Fl gl r, St. Johns, Nassau, Putnam, and Volusia Counties) P ��n 01 -- Present 2 u �� tl Quest has provided Environmental Assessments; environmental permit applications, and permitting compliance ou support for, more than 60 utility improvement projects for Florida Power, Light (FPL). Projects include pole replacements for, hardening initiatives, directional bores beneath jurisdictional surface minters and mieflands, and a variety of other transmission and distribution line improvements. Environmental assessments require jurisdictional miefland delineations, listed species surveys, documentation of access constraints and erosion c control needs; and occasionally benthic resource urvey reports. Field data are supplemented with GIS research across multiple databases to document locations of mielffield protection zones; contamination sites; federal channels; listed species records, protected lands, and other, variables that may influence design; permitting; and/or, construction. Field and desktop results are summarized In a report within 30 days of NTP, including an analysis of the federal; state; and local authorizations required to complete the work. During the permitting phase; Quest prepares state and federal applications and obtains and supplemental data needed to support the uth riz tl n or, exemption verification requests. State authorizations typically include Environmental Resource Permits, Sovereign Submerged Lands easements, and Coastal Construction Control Line permits through FD'DP and/or, Right-of-Way Use permits from the eater Management Districts. Federal In authorizationsare typically provided through USACE, and include Nationwide rr Gt ; Regional General Permits, and Section 408 reviews. Quest submits applications to the ro rl t agencies; maintains regular contact With agency staff throughout the review process; provides timely responses to any Requests t rAdditl n l Information; and keeps FPL Informed of the status of each application on a weekly basis. Once all authorizations are received for a project, Quest assists with permitting compliance as needed. 'This usually involves conference call with FPL and their contractors prior to construction to review all pertinent .N permit conditions. Pre- and post-construction notifications required by the permitting agencies are also typically provided by Quest. r_ 0 SIMILARPAST PERFORMANCE ON Packet Pg. 1841 t Z 4e �� f rti vP 5. r r D Y 9 T' z 011 aaa PROJECT APPROACH ALE provides environmental science and engineering services on a pride variety of projects to numerous public entities throughoutthe southeastern'United States.GLE's basic roach to project management ent is to assign each project a single point-of-contact, assigning highly experienced staff to help ensure the successful performance of the project within budget and on schedule. Further. GLE understands the time constraints under,which public agencies operate. GLE has an excellent record In response time for, requested services and report turnaround time. Our experience working on my small projects ensures that we are familiar with short tire-frames; and our firm prides itself on being quick and responsive to our, clients. GLE's efficient cost and scheduling process has led to a high rate of repeat business. For this I FR GLE presents environmental professionals who have helped numerous public entities comply with the federal; state. and local regulations associated with environmental issues. This experience; combined with our ability to provide successful project management and administration. creates a unique tear; capable of meeting the comprehensive coordination needs of this contract. GLE has the experience; personnel and 76 equipment necessary to meet the multiple needs anticipated by this contract. 0 Environmental Reviews/NEPA If a project is receiving federal funds, and an Environmental Review r is required; GLE has experience performing .r. Environmental Reviews in accordance with 24 CFR 'Part 58. In addition to the completion of an Environmental Assessment (Phase I 'ESA), GLE will coordinate and consult with appropriate environmental agencies; State; Federal and non-Federal entities and the public in the preparation of an Environmental l eerie r. the Environmental Review r will be prepared to comply with bath the Federal and State lags. unless otherwise specified or, provided by lair. Further', LE will tier, the Environmental Review.r. The Environmental Review will include a summary of findings, and will make a determination of the Finding of No Significant Impacts (F NSI), if applicable. An Environmental Impact Statement(EIS)will be recommended when the project is determined to have a potentially m significant impact on the human environment, pending any exceptions in paragraph ( ) of Sec. 58.37. The final 3 deliverable will be prepared using the HUD recommended format. 76 The 'National Environmental Policy Act (NEPA) requires that projects involving physical entity consider, the environmental conditions. HUD has determined that NEPA dictates that projects they fund must not harm the y environment and the environment will not harm the project. phis policy is implemented by HUD's environmental review process. We understand that the County believes that Environmental Reviews f the projects quality for Categorical � Exclusion under,24 CFRPart 8. ( )( )(i), and therefore proposes the following scope. r- 0 PROJECTAPPROACH Packet Pg. 1842 4 ti "` 0II4 Environmental Review and Request for Release of Funds The National Environmental Policy Act (' ' I ) requires that projects involving physical entity consider the environmental conditions. HUD has determined that NEPA dictates that projects they fund must not harry the environment and the environment will not harry the project. 'This policy is implemented by H U D's environmental OE review process. In the case of the County"s LBPHC and HHSF grants, the 24 CFR part 58 Environmental Revise process is applied (below). > .,,-- -t, I � r W L 1 I � 0 'E'(Sy Cleffinsiti rn, xr1uidedw bJM Em dud !annd vuba ect ie-m 'end�EAJ r - aNa RAgrg'$fee, flk*d'.md 4:4P q�SlAt lt+rp' -:; ' 4M" $WWEr��e �ara ).. 1 E9TMA CIL i A _ MEN +CYeoS� i^ a XL.M ult PU b!dr h 11 fln&ft aV'W 11 fI ,'aF atd 4F k I WmAkant Imps 54011kark Impact a 711 4 Oulbi 6,Mdde.p 6 MM then r rt A MAO McqAwt and Envkonrmnlel kv 4f Y I M zan � e L5 4a1a LL"ItR exempt AftercanekMan P034*4/m-Alledli PUMA hat 2 .. �� 0 0 EIS F+ RMM 4:.001 .Y pmol'of pwAlk J- "N Emus repast 24 CFR 58.6 Ou Flb&di431sLLraint4, ., staal Li�aLw ren• Barrier Resources Act—and Feckhm Otleet , 2 Mrnway,Cfeat Zone c preys W "r,exempt" r �L o,Id t4 the ITS I fps �5�9.5ro 1�� •�'' Wthafftyu Me PROJECTAPPROAC H Packet Pg. 1843 t Z 4e �� f rti vP 5. r r D Y 9 T' z There are five possible levels of environmental reviews nd r, Part 58, ranging from x mpt to a requirement for, full Environmental Impact Statement 'The default assumption is that the program will require are Environmental � Assessment; the second-most comprehensive level of review. 'Lead paint abatement 1n multifamily housing would be classified as a Categorically 'Excluded Subject to 58.5 (CEST) activity as long as rehabilitation costs are less than '75% of replacement costs upon completion. Lead paint abatement in single4amily housing Would be classified as a Categorically Excluded Subject to 58.5 (CE ) activity unless HUD's scattered site criteria 1 exceeded. If more than four single-family omits are abated, no more than three can be on any one site and all sites must be 2,000 feet apart, otherwise this would exceed HUES scattered site criteria and a full EA would b required. 0 Because of the uncertainty 1n the level of required review until project locations are selected and 1n carder to accelerate receipt of grant monies; one approach would be to submit an exempt environmental review and HUD' 01 "Request for, Release of Funds" for,the initial planning and administration activities. including funding w environmental reviews for, the non-exempt actions. Since these activities are exempt from the Environmental Review process, associated funds can be released more expeditiously. Concurrently, Categorically Excluded Subject to 58.5 (CE ) environmental review can be initiated and expanded to an Environmental Assessment if required. 1t can be a tiered review with a bred level review of target areas and a plan for, environmental reviews of individual properties once identified; or, a completed CE T submitted to HUE once specific project W locations and residential classifications are determined and the project definition refined. If it is determined upon 0. completion of the CE T that there are no circumstancesrequiring compliance with Federal law. the CE T Will CO convert to Exempt, CO CE T requires valuati n of applicability of the following Federal acts and policies: • Gleam Air Act 6 Environmental l ,Justice 6 National Historic Preservation, • Coastal Zone Management Act 6 Explosive and Flammable 6 Noise Abatement Regulation • Contamination and toxic Hazards 6 Scale Source Aquifers Substances 6 Farmlands Protection Policy Act 6 Wetlands • Endangered Species Act 6 Floodplain Management 6 Wild and Scenic Fivers Act ru .2 If an EA level of review is performed. additional information regarding environmental factor's above and beyond the aforementioned will need to be provided by the City in order to address select sections. This additional .N information may include, but is not limited to, information pertaining to land development analysis, scale and urban design; soil suitability/ slope/ erosion/ drainage/ storm grater runoff, hazards and nuisances including site safety and noise; energy consumption, socioeconomic information (employment and income patterns. demographic character changes; displacement), community facilities and services (educational and cultural � facilities. commercial facilities. health care and soil services), various utilities (solid waste disposal/recycling; waste r f r/ nit ry surer, grater supply), public safety (police; fire and emergency medical), parks open space c and recreation; transportation and accessibility, unique natural features, r f rt resources, and vegetation and ' wildlife. In addition to reviewing r vid d information, LE will contact the appropriate agencies to request additional information: however. no additional assessment or,sampling will be performed to address the additional environmental factor's described above as part of this scope of work. The County will be contacted immediately � if a Finding of Significant Impact (F SI) is identified. PROJECTAPPROACH Packet Pg. 1844 4 ti "` At t the completion of the project; GLE will prepare are Environmental Revise Record (ERR) summarizing the requested investigation. The ERR will include a Client-provided project description of all activities included as OE part of the project; an evaluation of effects of the project on the human environment, document compliance with applicable authorities; record determination and findings and contain source documents and will dlokluoo significant findings and include recommendations for any further investigations (if warranted). a 0 Wetlands � ,fi t's wetland v l tl n and permitting expertise is wide-ranging and encompasses wetland v l tl n and jurisdictional determinations, mitigation design; construction and monitoring; environmental impact assessments; 5 and environmental permitting and documentation. Establishment of wetland boundaries and identification of wetland functions and values is an important aspect c of project planning and habitat management. Quest's Ecologists and 'Professional Wetland Scientists possess many years of experience in the analysis, regulation; and management of wetland systems. We are experts in the wetland jurisdictional determination process and in performing wetland v l tion and permitting for 6 projects ranging in size from a few acres to several thousand acres. We have mapped wetland communities throughout the state, lnvolving a v rl ty of wetland cor munitl s from tld l marsh systems to seagrass beds, and forested riverine floodplains to isolated herbaceous systems. Wetland v l tion include analyses of vegetative components; listed species utilization; habitat value; and conducting functional assessments such as Wetland Rapid Assessment Procedure ( SIP), and employing the 'Unified Mitigation Assessment Methodology (UMAM). Or experience in wetland restoration and mitigation design includes large-scale land reclamation projects; mitigation banks; and mitigation designed for developments involving smaller wetland creation sites. Our wetland restoration and mitigation experience also include construction management; planting oversight, � m lnt nanc , and long-tern slte management. The Quest staff is intimately familiar with the federal; state; and local regulations and permits that apply to tody' complex transportation; mining; and commercial and residential development projects. We have experience � acquiring the necessary permits and maintaining permit compliance with the U.S.,Army Corps of Engineers; the Florida 'Department of Environmental Protection-, the South; Southeast; and St. John's River r eater,Management .2 Districts-, the US Coast Guard-, the Florida Fish and \Afildfife Conservation Commission-, the US Fish and Wildlife y Service-, regional Planning Councils-, and many additional local programs. We have obtained 'Department of the - Army Permits and State Environmental Resource Permits(EI P)throughout th state and have participated in the NEPA process for several large scale projects involving alternatives analysis, the preparation of Environmental Assessments (EA) and Environmental Impact Statements (EIS), and public involvement programs. 2 r_ 0 PROJECTAPPROACH Packet Pg. 1845 t Z 4e �� f rti vP 5. r r D Y 9 T' z Federal Funding erienc LE has an in-depth understanding of HUD requirements. which has been gained by searing numerous Public Housing Authorities. Under various Architectural and Engineering Design and Construction Admn nistration contracts, GLE has had ample HUD, multi-family and affordable housing project experience. For, each of these clients; GLE has applied specific knowledge and experience with HUD regulations, Hope VI funding; State Building Codes, Section 504, Uniform Federal Accessibility Standards (UFA ) and ACDA regulations. GLE has also worked side-by-side with numerous public agencies and development entities to find opportunities through various funding sources. We have extensive experience on projects involving: • Low income Housing fax Credits • Arnedcan Recovery & Reinvestment Act (ARRA) � • Community Development 'Block Grants ( IDBG) • 'Neighborhoods Stabilization Funding • CHOICE Neighborhoods Project Funding • Private-Public partnerships 76 L 's Capabilities Property Transactions/Due Diligence (Phase I Environmental Site Assessments) LE's staff has performed thousands of 'Phase i E As for numerous clients nationally, including commercial -- lenders, private land o iners; and municipalities. Our staff members are experts in the evaluation of properties for acquisition by our clients. Each Phase I ESA prepared by GLE includes the following: • bite condition evaluations 6 Environmental regulatory database searches • Evaluations of pant site use and operational practices - Current commercial and industrial operations • 'Property title searches (if required) 6 inventory of on-site hazardous materials, records • Tenant records and archive research and Safety Data Sheets • Aerial photos; site maps and plan revie ws 6 Review r of environmental fees and permits °' • Interviews with previous owners 6 Evaluation of various environmental transport routes 76 • Review of construction records 6 Sanborn laps (if available) 0 GLE senior staff has expertise in dealing with the Florida Petroleum Pre-approval 'Program and is well known and T respected by FIDEP staff. GLE currently holds contracts with FIDEP in all 3 regions of the Petroleum restoration Program. Additional environmental services GLE offers, regarding petroleum distribution systems include the follow ng: • Closure Assessments (hanks, Spill Buckets; Sumps; Dispenser Liners) conducted with 24 hours' nonce (Field Mork Completed in 48 hours) c • l._ Ar Preparation for Secondary 'Discharges conducted within 30 days (historic and Current Plume Size Comparison conducted prior,to report submittal) • SRFA Agreement Negotiation (Contamination Constituent and Plume Size Comparisons conducted and estimated cost impact calculated prior to SRFA negotiation with IDEP) � • 'Limited Source removal initiative Site Cleanup with LSD Upgrades Evaluations • LSD 'Upgrades/remediation System installation Coordination PROJECTAPPROACH Packet Pg. 1846 4 ti "` At Phase II Environmental Site Assessments GLE will prepare a scopeof work to address the potential for soil & groundwater impacts oci t d with r cogniz d environment condition ( ' ), implennentthe scope, and prepare a Phase11 ESA report 1n accordance with ASTM E-1903-97 (re-approved 2 02) standards which will include my of the following components: � • Development of testing program 0 Sampling of liquid and sediment 1n streams; ditches, 40- • Site explorations using soil borings (D 'T) ponds and surface runoff • Excavation tlon of test pits 0 Sampling suspect areas of past spills • Collection and sampling soil; surface minter,and 0 o11 vapor,surreys and monitoring 0 groundwater 0 Geophysical inv tlg tlon • Installation of groundwater monitoring wells 0 Analysis of groundwater flog and oont min nt • Sampling and identification of potentially hazardous transport gnats 0 or, Encroachment/Vapor Intrusion 0 Each 'Phase 11 ESA is unique and developed cific lly to address each REC, based upon the results of the Phase I ESA and the site-specific investigation constraints (utilities locations, building locations, etc.). Once the0. Phase 11 ESA is completed, Gl_E will determine if the site requires further, investigation or, 1f there is no basis for further Investigation or remedial ctlon. Assess ment/ emediation Services GLE's offices are staffed with Professional engineers, geologists and senior, scientists. who have considerable experience in the assessment of property impacts ( .g. petroleum, solvents. hazardous materials), identification. ca evaluation and selection of r m dl tion treatment technologies ( .g. Excavation, air- rg /soil vapor,extraction (A /S E), Dual-Phase Dual-Phase Extraction ( PE), Multi-phase Extraction ( PE), land farming; soil gashing and/or 'E1or m dl Lion) for cleanup of a property. Gl_E can provide the following environmental cleanup services: • Site Assessments and SAR Preparation 0 Rem dl tlon System Installation/Construction • Remedial Action Plan Preparation (LAP and 0 Rennediation System Operation & Maintenance Full RAF' Preparation) (O&M) .2 • Bid Package Preparation and 'Bidding Services 0 Well Sampling and Site Monitoring (PA ) • Contract Preparation and 'Negotiation 0 Site Reconstruction to Pre-Cleanup Conditions Above/Underground Storage Tanks Gl_E senior engineers and scientists can provide design services for the removal and/or, upgrades for AST/ U, USA systems. GLE's senior, engineers and geologists have considerable pr ctic l experience, giving them the ability to easily identify whether r m dl Lion is required or, if site-specific, alternative site rehabilitation levels c ( Ls) may be proposed. GLE's professional geologists and engineers have extensive experiencenegotiating with State (F[ EP) and local environmental regulatory agencies to ensure that remedial ctlon is taken only If nor and appropriate. PROJECTAPPROACH Packet Pg. 1847 t Z 4e �� f rti vP 5. r r D Y 9 T' z Industrial Hygiene GLE gaffers the x rfi of a team of industrial hygiene and occupational health and safety consultants and technicians to help clients develop rid implement thorough, cost-effective industrial hygiene programs that � reefs all 'EPA, OSHA and other, related regulations. We can conduct comprehensive sampling and analysis for based range of airborne contaminants, including metals, organics. silica; toxic gases and vapors, particulates; asbestos and other, fibers. dust; acids and welding fumes. Our in-house analysis of workplace contaminantsG backed by our,stringent quality assurance controls. Our,team of CIHs. scientists and professional engineers are also experienced in monitoring and assessing worker,exposures to physical agents; including noise, ionizing and non-ionizing radiation and heat stress. We also provide consulting services in testing; sampling; analysis and risk 0 Building Sciences and Remediation Services: GLE is a leading expert in building sciences; helping clients solve challenging issues with asbestos. indoor, air quality (IAQ), meld; lead-based paint (LBP) and radon. Our,team of environmental professionals, engineers and architects provide the following services: 0 • Facility surreys and inspections - 'Training 76 • Laboratory analyses - Abatement design and project management P 0. • Operations and maintenance plans - Turnkey abatement 0. • Risk management/hazard assessment -- Asbestos Consulting Services LE gaffers complete asbestos consulting services. LE has a bang history conducting asbestos services and is the recognized leader in the Southeast for asbestos management, Our staff of asbestos consultants. EPA- AMEBA certified building inspectors. contractor,supervisors, management planners, designers, project managers and industrial hygienists have extensive experienceproviding cost-effective asb to management services to y public sector,clients. Asbestos management services offered by GLE include: 2.1 Abatement Project Management • Drawings and Specifications 6 Operations & Maintenance 'Plans • Ambient Air Monitoring (using NIOSH 582 trained - Risk n g m nt/Haz rd Assessments76 industrial hygiene techn cians) 6 'Training of Custodial & Maintenance Personnel • Contract Adm nr sfr f on/E.sf m f ng 6 Employee A r r n gaining ut • Facility Surreys and Inspections 6 Cast Recovery rvr ces • Laboratory Analys s 6 Respiratory Protection Programs Lead-Based Paint LE provides total L P management from surrey through abatement.A typical L P project begins with an initial survey, thorough L P testing and evaluation, and abatement design and implementation. Our services include: • Inspections 6 Operation and Maintenance Plans • XRF Spectrum Analyzer Testing 6 Plans and Specifications for L P Abatement • Laboratory Analyses for Lead In Air, Water, Sail 6 onstrucf on Management/Construction and Dust Adm�n�strafion • Rk sk Assessments 6 Air Boar torGng • Interim Control Development 6 Clearance Sampling PROJECTAPPROACH Packet Pg. 1848 4 ti "` At Our, experienced teen member's have designed; managed and performed contract administration tasks on various lead abatement projects; ensuring rapid response. GLE uses our c in equipment, which includes an � F for on-site determination of lead in paint. r- 2 Mold Assessments & Remediation Design GLE helps clients address mold concerns quickly, offering the blend of expertise needed to develop responsible; w cost-effectivesolutions that rake sense to each client. With a highly qualified teen of mold experts and more than a decade of experience solving indoor, air problems, GLE is leading the field of mold assessment and remediation design. Our extensive practical experience; combined with a strong base of biological and structural expertise, helps ensure mold issues are addressed properly. 0 Schedule &Availability GLE has the available employee resources to staff any County assignment. GLE is currently averaging client utilization to all chargeable employees of approximately 8%, with a corporate goal similar to an industry standard of approximately '75%. 'This nfirms GLE has the ability to immediately assume additional work from the County. With the percentage of anticipated workload, we are fully capable of meeting any assigned task orders without the need to hire additional staff. GLE aggressively manages the schedule of projects for completion on or,ahead of schedule. Our internal W procedures and solid subcontractor, relationships allow us to priority schedule our, projects for completion ahead of schedule. In the agent of any deviations (e.g. additional scope; access denial) In a project schedule; we will promptly communicate with the County. LU w 2 C 0 LU PROJECTAPPROACH Packet Pg. 1849 t Z vP 5. r r D Y 9 T' z STAFFING & QUALIFICATIONS Composition and Structure Persons with Interest GLE: S-Corporation GLE: Robert E. Greene, PE, PG, CIH, LEEI AP, President .!° Quest:S-Corporation Quest:Vivienne Handy, President 0 Corporate Office: Proposed Office: 5405 Cypress Center Drive; Suite 110 1000 NW 66th Street; Suite 300-D 'Tampa; FL 33600 Ft. Lauderdale; FL Qualifications GLE has unsurpassed knowledge and experience with ASTIR E-1627 standards for conducting ESAs, EPA's All Appropriate Inquiry Rule ( 0 CFR Part 312), as well as HUD's Environmental Compliance assessments by EPA's 24 CFR part 60 (HUD Foam 126) and 24 CFR Part 63. GLE's experience in environmental contamination assessment and remediation is complemented with contracts with the Florida 'Department of Environmental Protection's (FDEP) Petroleum Restoration Program in all three regions. GLE has a proven track record in helping facility owners comply with federal regulations; such as HUD guidelines; EPA regulations under, the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and OSHA regulations. In addition; GLE has served on state and national committees for development of the environmental regulations. Our principals are on the forefront of environmental regulations; and we maintain close working relationships with EPA and local environmental agencies; helping to satisfy the technical requirements of the regulatory agencies and the budget constraints of each of our clients. GLE has an in-depth understanding of public sector, requirements; which has been gained by serving numerous state and local entities nationwide. GLE's qualified staff of professionals are some of the most qualified in the environmental arena. Our professionals are equipped with specific knowledge and experience. In addition; our, ongoing services to state and local entities; and Public Housing Authorities keeps us current on the latest HUD practices; including American Recovery and Reinvestment Act (ARRA) funding requirements; "'Buy American" provision; Green Initiatives and competitive grant project costing. GLE's specialized offerings include: 2 c • Full Service office with Emergency Response Capability; T) • Regional staff of specifically assigned multi-disciplined professionals with an additional pool of more than 20 cross-trained staff members to be assigned, as necessary, to meet the County's requirements; • Seven Professional Geologists LU • Three CIHs, over 30 industrial hygienists, and two Florida Licensed Asbestos Consultants; • Four LEER Accredited Professionals • In-house certified and accredited NVLAP asbestos laboratory; c • In-house XRF capabilities for performing lead paint surveys ' Project Management GLE has a flat organizational structure that enables us to consistently meet the needs of each client's planned projects and respond quickly to any emergencies. We also dedicate senior,consultants to be responsible for quality assurance/quality control. A single point of contact eliminates delays with report review and ensures that any urgent matters are addressed immediately by a senior, level professional. -..goo STAFFING FOR THIS PROJECT& QUALIFICATIONS OF KEYPERSONNEL Packet Pg. 1850 4 ti "` At Staffing Each GLE team member, selected for this contract is chosen based on academic background; professional ability, and has vast experience providing consulting services for government facilities. Our team is unsurpassed cc in bath local experience and government project experience. We are currently engaged on continuing service contracts for over, 150 public entities in the Southeastern 'United States. GL 0 P CL d d d • l A • W ap®9� W Outdoor Environmental Indoor Environmental 2 0 STAFFING FOR THIS PROJECT iJ LIFI TIO S OF KEY PERSONNEL Packet Pg. 1851 t Z 4e �� f rti vP 5. r r D Y 9 T' z John Over years of environmental consulting experience with a background in facilities consulting, � contracting; general construction. environmental rennediation and environmental compliance Extensive experience managing regional and national contracts Barging as in the seas capacity for numerous environmental tern contracts throughout South Florida EPA Lead Disk Assessor,and Radon MeasurennentTechnician AH ERA Asbestos Contractor/Supervisor. AH ERA Asbestos Inspector`, AHERA Asbestos Management Planner, NIOSH 582: Sampling & Evaluating Airborne Asbestos 'Dust. EPA Model Lead-Based 'Paint Disk Assessor. I D' LPA_1/ I F Lead Paint Inspection System, OSHA HAZWOPER 0 As the Director,of South Florida Operations, r. Simmons manages the daily operations, business development, client relations and contract negotiations for the area. His experience in the environmental consulting services field includes a diverse background in facilities consulting; contracting; general construction. environmental r medi ti n and environmental compliance. Mr. Simmons has a proven ability t manage regional and national contracts for a variety f clients that include public sector`, private and industrial M 2 Robert B. Greene PE PG CIH LAC LEED AP—�"' I I "_ Over g years of experience in engineering; environmental consulting; construction and r medi ti n arenas � Professional 'Engineer, Professional Geologist; Florida Licensed Asbestos Consultant; Certified Industrial AH ERA Asbestos Project Designer, AH ERA Asbestos Contractor/Supervisor. AH ERA Asbestos Management Planner. AHE A Asbestos Inspector, NIO 82: Sampling & Evaluating Airborne Asbestos Dust, Mold Assessor r. Greene Is on the forefront of new state and federal regulations deafing wr th environmental Issues and mias previously appointed by the governor, f Florida to the Asbestos Committee � John Hansen, Over 2 years of experience in environmental and geological consulting 6 Florida Prof ssGo al G ologGst OSHA HAZWOPERy Barged in the seas capacity on contracts for G G-Dade County, Pala 'Beach County Schools. and Florida Department f Transportation > Michael Collins, CIH, CIEC, Over 23 years of experience planning and managing complex industrial hygiene and environmental projects 0" and InvesfG f ons Certified Industrial Hygienist; Certified Safety Professional; Certified Indoor, Environmental Consultant; Licensed Mold Assessor AH ERA Asbestos Man gment Planner,AH ERA Asbestos Inspector`, OSHA HAZWOPER Barges in the seas capacity on contracts for School 'Board of 'Dromi rd County, G G-Dade County, Pala � STAFFING FOR THIS PROJECT& QUALIFICATIONS OF KEY PERSONNEL Packet Pg. 1852 4 ti "` At Beach County, and the School DIsfrlcf of Palm Beach County RafeA. Padgett, CIAQP, Over 26 years of experience as an environmental, health and safety professional, with diversified � consulting and management experience Licensed bold Assessor`, Certified Indoor Air Quality 'Professional; Council Certified Indoor, Environmental Consultant AHERA Asbestos Project Designer, AHERA Asbestos Contractor/Supervisor. AHERA Asbestos Inspector`, IO 82: Sampling & Evaluating Airborne Asbestos Dust; I ' LP -1/ I F Lead Paint Inspection System Will perform report review and oversee ongoing Indoor,environmental projects for the County Kevin Koenig, sf Over 22 years of environmental experience In assessment projects, rennediation projects. environmental c construction raj f ; hazardous materials Identification; permitting; and technical report preparation Florlda Prof sslon l Geologlst c OSHA HAZWOPER, Florida Stormwater Inspector Will perform report review and oversee ongoing outdoor,environmental projects for the County P Stephanie Kilgore 0:,,h(« ( (,,i, Ix years of experience In environmental consulting; with emphasis on Phase I and II Environmental Site � Assessments; 'National Environmental Policy Act (N EPA) reports, and asbestos and lead assessments Currently lead project manager,for St, Johns County CDBG and Environmental Site Assessment projects AHE A Asbestos Contractor/Supervisor. AHE A Asbestos Inspector, NI SH 82: Sampling & Evaluating ma Airborne Asbestos 'Dust, OSHA HAZWOPER Will provide testing; assessment; and consulting services In the field for outdoor,environmental projects Natalia Ix years of experience In environmental consulting; with emphasis on Phase I and II Environmental Site Assessments; National Environmental Policy Act (N PA) reports, and asbestos and lead assessments AHE A Asbestos Contractor/Supervisor, AHE A Asbestos Inspector, NI SH 82: Sampling & Evaluating .2" Airborne Asbestos Dust, OSHA HAZWOPERc y Will provide testing; assessment; and consulting services In the field for outdoor,environmental projects John Romeis, 14 years of environmental due diligence experience Florlda Prof sslon l Geologlst AHE A Asbestos Inspector, OSHA HAZWOPER Managed and conducted hundreds of Phase I and 11 Fnvlr nm of l Slte Assessments c Will provide testing; assessment; and consulting services In the field for outdoor,environmental projects STAFFING FOR THIS PROJECT& QUALIFICATIONS OF KEY PERSONNEL Packet Pg. 1853 t � I t Z 4e �� f rti vP 5. r r D Y 9 T' z Christopher Greene, PE, CIEC-0:,r<{ (,(,,i, Over 6 years of environmental consulting experience E Florida 'Professional 'Engineer,and Certified Indoor, Environmental Consultant Managed and conducted hundreds of Phase I and 11 Environmental Site Assessments Wide-ranging experience Including asbestos, lead; mold; radon; IQ, and Industrial hygiene consulting w Will provide testing; assessment; and consulting services In the field for outdoor,environmental projects Clint Carnell-0 rh( t,(, , Two years experience providing outdoor,environmental consulting; asbestos and lead-based paint surreys o and abatement; and project supervision and air monitoring services AHERAAsbestos Contractor/Supervisor, NIOSH 582: Sampling & Evaluating Airborne Asbestos 'Dust; OSHA HAZWOPERc Will provide testing; assessment; and consulting services In the field for outdoor,environmental projects 0 Brandon Christensen-4 F:,(,,(,,i, 17 years of experience conducting asbestos, IAQ, I ; lead; mold. and radon consulting services. 2 EPA Lead-Based Paint Risk Assessor. Radon Measurement echnI I n AHERA Asbestos Contractor/ rv1 r`, AHERA Asbestos Inspector`, AHERA Asbestos Management Planner. 'EPA Model Lead-Based Paint Risk Assessor', NIOSH 582: Sampling & Evaluating Airborne Asbestos Dust; I MD' I_PA-1/ I F Lead Paint Inspection System, OSHA HAZWOPER Will provide testing; assessment; and consulting services In the field for Indoor,environmental projects Victoria Basham-4 ,f:, (, Three years experience providing hazardous material and hazardous wasteclassification. asbestos and lead-based paint surreys and abatement; and project supervision and air monitoring services AHEI A Asbestos Contractor/Supervisor. AHEI A Asbestos Inspector, NIOSH 582: Sampling & Evaluating Airborne Asbestos Dust Will provide testing; assessment; and consulting services In the field for Indoor,environmental projects .2 Josh Veltri-4 r:,(,(,,i, T) Three years experience providing hazardous material and hazardous wasteclassification; asbestos and lead-based paint surreys and abatement; and project supervision and air monitoring services AHEI A Asbestos Contractor/Supervisor. AHEI A Asbestos Inspector, NIOSH 582: Sampling & Evaluating Airborne Asbestos Dust; I MD' I_P -1/ I F 'Lead Paint Inspection System Will provide testing; assessment. and consulting services In the field for Indoor,environmental projects 0 0 Nicholas Morrissey—i, , ,( a Over a year providing hazardous material and hazardous wasteclassification. asbestos and lead-based paint surreys and abatement; and project supervision and air monitoring services AHEI A Asbestos Contractor/Supervisor. AHEI A Asbestos Inspector, NIOSH 582: Sampling & Evaluating � Airborne Asbestos Dust Will provide testing; assessment; and consulting services In the field for Indoor,environmental projects STAFFING FOR THIS PROJECT& QUALIFICATIONS OF KEY PERSONNEL Packet Pg. 1854 xe �^ � ti "` At _ Rebecca Barkdoll is an ecologist; CIS analyst; and project manager,with experience in both estuarine and terrestrial environments. Rebecca's' estuarine experience includes benthi resource surreys (seagrasses, oysters, corals), marine invertebrate inventories, and profiling of QU ES` ' estuarine environments ent using salinity, light; temperature. miater,sampling and sediment sampling. E 0 9_gip Her terrestrial experience includes delineation, evaluation, and permitting of mieflands, permit compliance monitoring and reporting for miefland mitigation areas; design and oversight of supplemental planting plans for miefland enhancement or,creation areas; wildlife surreys and monitoring; surveying and w mapping nuisance and exotic plant species; and soil moisture surreys. Rebecca is an F CC. Authorized GopherTortoise Agent with experience conducting gopher,tortoise surreys; obtaining F CC. permits, and carrying out burromi excavations and relocations of tortoises and their commensal 5 species. Rebecca has conducted nest and territory surreys as miell as census of Florida scrub-jay groups in Duette Preserve and Doody 'Branch Preserve. She has acclimated juvenile Florida scrub-jays in preparation for -22 trapping and banding. Rebecca has performed burrowing rl surreys at sites in Hillsborough, Manatee; and c 'Folk County. Additional wildlife experience includes bald eagle monitoring; Sherman lire-trapping surreys for, Florida mouse in reclaimed upland habitats; southeastern American kestrel nest surreys; eastern indigo snake surveys, nighttime anuran listening surveys, and nighttime surveys of white-tailed deer. > 2 0. Project Experience: Wetland Restoration Monitoring of FD T Mitigation Shea, SWFWMD — Project manager,and ecologist responsible for design and implementation of quantitative and qualitative ietl nd and CL upland mitigation monitoring and habitat assessments resulting in permit required scientific reports provided to USACE. Also provide GIS analysis and mapping. Sites include An l to 'Parcel; Alligator Lake Management Area; Bahia Beach; Boyd Hill 'Nature Preserve, Brooker Creek Buffer Preserve, Cockroach Bay Freshwater. Cockroach Bay SaiNtater, Colt Creek State 'Park; Fussell Tract; Lake 'Thonotosassa Shoreline restoration; Little Manatee Purer Lrer Tract; and Mbbly Bayou; and are in Hillsborough, Manatee; Pasco, 'Pinellas; and y Polk Counties. Freak Kahoun, MS, has over 20 years of experience as an environmental professional with an emphasis n permit compliance and construction management. His expertise includes: documentation associated with PD&lam studies (including Wetland Evaluation reports, 'Endangered Species Biological Assessments; � Contamination Screening reports, and 'Essential Fish habitat determinations), benthic surreys; environmental resource permitting; habitat assessments; mietland delineations, threatened and endangered species surreys; mitigation construction oversight, mitigation site design; environmental compliance monitoring and reporting; tree and landscape grades and standards, inspection and surreys; and post disaster, remeditin consulting. Frank is responsible for the management of G nest's Broward County office; and is responsible for managing > benthic and estuarine surreys; miefland mitigation; habitat restoration; mietland permitting; and impact assessment projects; including construction and planting supervision, vegetation monitoring; report preparation; 00 maintenance inspections; and contractor,oversight. He performs these services on projects throughout the South Florida area within a pride range of marine; miefland and upland habitat types for a variety of public and private clients. Project Experience:M I ram r Pinelands MitigationSite, Broward County, FL - Provided onsite construction management; including permit compliance inspections; inspections of staging area impacts and remedial actions, routine inspections of erosion control measures; -built surrey reviews, conceptual design modifications, Time Zero reporting and regulatory agency coordination resulting in agency acceptance of a 30 acre freshwater mitigation site on Brow rd County Parks and Recreation owned lead. STAFFINGTHIS PROJECTQUALIFICATIONSP L Packet Pg. 1855 t � Z 4e �� f rti vP 5. r r D Y 9 T' z f\ rtitgstt<'4ti� t8 OTHER INFORMATION 2 0 U 0 U 0 0 2 CL tJ U N LU 2 C 0 LU OTHER U INFORMATION Packet Pg. 1856 D.1.f womblebonddickinson.com BOND WOMBLE ru JIMMY F.KIRKLAND U PARTNER Direct Dial: (404)879-2460 Womble Bond Dickinson(US)LLP Direct Fax: (404)870-8223 Email: Jimmy.Kirkland@wbd-us.com 271 17th Street,NW Suite 2400 Atlanta,GA 30363-1017 t: 404.372.7000 f: 404.888.7490 November 13, 2018 Mr. Matthew R. Howe, P.G. 0 Senior Geologist GLE Associates, Inc. 60 Executive Park South,NE Atlanta, Georgia 30329 0 Dear Matthew: > I am writing this letter of reference for environmental due diligence services that < GLE Associates, Inc. ("GLE") has provided to my firm. Womble Bond Dickinson has utilized 0. ca GLE to conduct environmental due diligence for more than 10 years and have referred numerous clients to GLE. GLE is well versed in the regulatory requirements and conducts their business in a professional manner. GLE understands deadlines and the importance of producing reports on schedule. I am very satisfied with the service that GLE has provided. I highly recommend GLE as a qualified technical, professional, and experienced organization. I look forward to working with GLE on all future projects and have enjoyed our working relationship. Sincerely, .2 T -W, OMBLE BOND DICKINSON ( ) LLP _ Jilmy F. Kir land 0 JFK/cd LU Womble Bond Dickinson(US)LLP is a member of Womble Bond Dickinson(International)Limited,which consists of independent and autonomous law firms providing services in the US,the UK,and elsewhere around the world.Each Womble Bond Dickinson entity is a separate legal entity and is not responsible for the acts or omissions of,nor can bind or obligate,another Womble Bond Dickinson entity.Womble Bond Dickinson(International)Limited does not practice law.Please see .womblebonddickinson.cQm/us/lpggl-nolioe for further details. WBD(US)44939681vl Packet Pg. 1857 D.1.f MIR Frances Mansour-Bergin, Vice President ZI April 10, 2018 0 c� To Whom It May Concern: My firm has engaged GLE Associates to complete environmental and construction loan monitoring services. The work they have performed has provided us considerable assistance with our efforts to minimize lending risks. .5 GLE's staff has worked diligently with us to tailor their products to meet our specific needs.They conduct their business as professionals and are extremely responsive to our requests. They possess the requisite knowledge to assess environmental and construction related matters as well as interpret the various laws, codes, and policies related to those matters. Their knowledge and skills have been of considerable benefit to my staff and me, as well as their willingness to inform and educate us on matters related to the environmental and construction industries. CD We value our relationship with GLE and look forward to working with them for many years to come. If you have any questions related to our relationship with GLE please do not hesitate to 0 contact me. I can be reached at 813-423-7402 or fmansour@centerstatebank.com . 0 Sinc ely, CL Fr nces Mansour-Bergin Construction Loan Administration Manager m 0 0 LU LU m m CenterStateBank.con U Packet Pg. 2 Q8 t � Z 4e �� f rti vP 5. r r D Y 9 T' z PROJECT BUDGET Research Consultant $95.00 $20875 Admlnlstrative Asslstant $55.00 $16875 0 0 2 c T) LU C 0 LU PROJECT BUDGET Packet Pg. 1859 t � Z 4e �� f rti vP 5. r r D Y 9 T' z 11111 l{ #t;r` j GLE Finanical Information and Litigation Seat seperately via email. C 2 0 0 0 0 2 CL T) LU 2 C 0 LU FINANCIAL ITS Packet Pg. 1860 t � Z 4e �� f rti vP 5. r r D Y 9 T' z COUNTYFORMS 2 0 0 0 0 2 CL LU 2 C 0 LU COUNTYFORMS Packet Pg. 1861 D.1.f RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department .2 GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No. (s) 1 I have included • Response Form • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Monroe County occupational license and relevant City occupational 0 licenses are required to be obtained within ten days of award of the contract • Vendor Certification Regarding Scrutinized Companies Lists • Minority Owned Business Declaration • Certification Regarding Disbarment • Anti-Lobbying Certification Form > • Disclosure Form to Report Lobbying (Form-LLL) I have included a current copy of professional and occupational licenses _� CL - 1 Mailing Address: 1000 NW 65th Street--,Telephone.- 754-223-2697 Suite 300-D Fax: 754-223-2697 Ft. La derdale FL 3309 Date: 08/06/2020 Signed: _ (Print Name); Robert B. Greene PE. PO CIH_LEED AP c STATE OF: Florida COUNTY OF: Hillsborough N Subscribed and sworn to (or affirmed) before me by means of ® physical presence or ❑ online notarization on 08/06/2020 (date) by Robert B. Greene, PE, PG, CH, LEED AP(name of affiant). He/She is personall own to,,-r or has produced (type , of identification) as identification. r NOTARY PUBLIC 1 l Notary Public State of Florida Amber Ward E My Commission GG 208451 M Commission Ex Tres a cJ cy� Expires 08/13/2022 Y p 80 Packet Pg. 1862 D.1.f LOB "'SING AN® CON IC INTE EST_CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA c ETHICS CLAUSE GLE Associates, Inc. (Company) 2 "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 0 0 .O (Signature) 2 Date: 08/06/2020 CL STATE OF: Florida COUNTY OF: Hillsborough Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization on 08/06/2020 date b Robert R. Greene PE PG CIH _LEED AP(date) y ...(name of affiant). He/She i, :hfre� pll„Y. '> known to me or has produced (type of identification) as identification. y z r, LNotaryublio State of FloridaWard W Emission GG 208451 NOTARY PUBLIC m08/13/2022 r r 0 My Commission Expires: , g �� LU 81 Packet Pg. 1863 D.1.f m NON-COLLUSION AFFIDAVIT I, Robert B. Greene of the city of Tampa according to law on my oath, and under penalty of perjury, depose and say that c 1, I am President of the firm of GLE Associates Inc. the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; .5 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 1 unless otherwise required by law, the prices which have been quoted in this bid 0 have not been knowingly disclosed by the bidder and will not knowingly be disclosed bythe bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and c 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 0 5, the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. CL Signature: Date: _08/06/2020 STATE OF: Florida > COUNTY OF: _Hillsborough w .2 Subscribed and sworn to (or affirmed) before me by means of® physical presence or❑ online notarinuor cn on 08/06/2020 (date) by Robert B, Greene, PE, P0, CH,LEER Al (name of affiant). He/She is personally known to me or has produced (type o identification) as identification. > LU r' r' Notary Pubhc State of Floritla �� 0 Amber Ward 'x No;, ��as0 12022 zoeast NOTARY PUBLIC � My Commission Expires: 82 Packet Pg. 1864 D.1.f DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: GLE Associates, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. > 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. CL As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: 08/06/2020 STATE OF: Florida COUNTY OF: Hillsborough Subscribed and sworn to (or affirmed) before me by means of IN physical presence or ❑ online notarization on 08/06/2020 (date) by > Robert B. Greene, PE, PG, CIH, LEED AP (name of affiant). He/She i rso l y krjoAn t 2 C De or has produced t 'e of identification) as identification. c r r � 1. ,gully Publ«Stole al 1101,08 NOTARY PUBLIC - xa�esr zOG(z My Commission Expires ��' 83 Packet Pg. 1865 D.1.f PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public .2 entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." r- 1 have read the above and state that neither GLE Associates, Inc. (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 (Signature) c Date: 08/06/2020 0 STATE OF: Florida > COUNTY OF: Hillsborough Subscribed and sworn to (or affirmed) before me by means of N physical presence or ❑ online notarization on 08/06/2020 (date) by Robert Q. Greene. PE PQ Q1 A(name of affiant), 75 He/She is persors lly krrpwn tom or has produced c c (type of identification) as identification. I F y n f I, y 7 � 7 E otary put)lic State of Florida .,mber Ward y commission cG 208451 NOTARY PUBLIC xpires 08/13/2022 I My Commission Expires: 0 C 0 LU 84 Packet Pg. 1866 D.1.f _VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):Environmental& Historical Review Services for the "omipunit Block Ceram- Disaster Recovery (CDBG-DR)Voluntary Home Buyout Program o Respondent Vendor Name GLE A.Die-,Jng............ ......... yr Vendor FEIN: 59- 976, 4_ Vendor's Authorized Representative Name and Title: . p l���b�rt B. Greene, Plt. PCs C11-I, LE LIB�1 President Address: 1000 NW 65th Street Suite 300-D � City: Ft. Lauderdale State: Floes Zip: 33309 Phone Number: 754-223-2697 Email Address: } 2neC glc ssr iates.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which 0 were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. m Certified By: f t k cr I _ C,,rr rt 1 E l'Ca,C ..1LL LE"J" - P m , who is authorized ............................. to sign on behalf of the ab c x n an — Authorized Signature: _ Print Name: l CeJJWC1 PG CIH LEED AP y Title: President Note: The List are available at the following Department of Management Services Site: litti).,//www.diiis.iiivfloridk,t.coiii/bti.sitiess operations/state rrrchrrsiq /vendor information/convicted sus pendc.d d.iscrirninay(r,y�.cgm laints vendor lists 2 C 0 LU 88 Packet Pg. 1867 D.1.f r Minority Owned Business Declaration GLF Associates Inc. ,a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project r_ (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes 0 or X is not a minority business enterprise,as defined in Section 288.703, Florida Statutes. U F.S. 288.703(3)"Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 0 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and 76 whose management and daily operations are controlled by such persons.A minority business enterprise may > primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is P the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this �-- subsection,the term"related immediate family group"means one or more children under 16 years of age and a CL parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates, has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to y sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor nrav rel7er to F.S. 288.703 for more information. Contrac Sub-Recipient: Monroe County Signature Signature v, Print Name: Robert B. Greene, PE, PG, CIH, LEED AP Printed Name: Title: President Title/OMB Department: > Verified via: htt s: osd.dms.m florida.com directories 0 Address: 1000 N W 65th Street. Suite;: 300-D DEO Contract: c City/State/Zip Ft. Lauderdale, FL 33309 Date: 08/0, 2 2 ................................... Project 1' umber(ifapplicable.): � 87 Packet Pg. 1868 D.1.f m CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS c (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: GLE Associates, Inc. By. Robert B. Greene,_PE PQ. QIH. E P °3 Date:08/06/2020 Title:_--President Instructions for Certification Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior HUD approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this c transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CD C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. — d. The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and > "voluntarily excluded,"as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any CL covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered y transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. m f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered ur transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.govn,which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of c business dealings. , i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue m available remedies, including suspension and/or debarment. 89 X Packet Pg. 1869 D.1.f CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: o c� (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement ,and the extension, continuation, renewal, amendment , or modification of any federal contract, grant, loan, or cooperative agreement. 2 .5 (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 0 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for c each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that c the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. -- CL Name of Contractor/Consultant: GLE A ssociates. Inc By: Robert B, Greene PE,,PG CIH LBRD AP (Print Name) Date: 08/06/2020 Abtiioh'zea Signature m Title: President Lu m 2 C 0 Lu 90 Packet Pg. 1870 D.1.f I m DISCLOSURE OF LOBBYING ACTIVITIES approved by onne Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 76 (See reverse for public burden disclosure.) .2 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract na. bidlofferfapplication F-1 a. initial filing b. grant ` Jb. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subaward'ee, Enter Name ❑Prime ❑Subawardee and Address of Prime: Tier if known: 0 Congressional District, if known: 4o Congressional District, if known: 0 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: 0 CFDA Dumber, if applicable: 0 8. Federal Action Number, if known: 9.Award Amount,if known: $ 0. 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual; last nacre, first name, Ml): different from No. IOa) ._ (last name, first name, Ml): CL 11Information requested through this form is authorized by title 31 U S.0 section '1352, This disclosure of lobbying activities is a material representation of fact Signature: y upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352, This Print Dame: U) information will be available for public inspection_ Any person who fails to file the required disclosure shall be subject to a civil penally of not less than$10,000 and Title: not more than$100,000 for each such failure. Telephone No.: Date: 0 Federal Use Only: authorized for Local Reproduction Standard Form LLL(Rev.7-97) 0 N/A, GLE does not have any lobbying activities to disclose. 0 C 0 91 Packet Pg. 1871 D.1.f Respondent's Insurance and Indemnification Statement mEIked__Limb � Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $5,000,000 Combined Single Limit E r- 2 Vehicle Liability $5,000,000 Combined Single Limit per Occurrence/$5,000,000 Aggregate 0 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS 0 The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the c CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project(to include the work of others) is delayed or suspended '✓ as a result of the CONTRACTOR' failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses y occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements .2 contained elsewhere within this agreement. c This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT LU 0) I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. LU Robert B. Greene, PE, PG, CIH, LEED APA� - Respondent Signature 85 Packet Pg. 1872 D.1.f I P sG� Ron DeSanik,Governor Halsey Beshears Secretary p4'� Ron DeSan[s Governor Halsey-het,Secretary E` e Florida H.rl(IJ pr STATE OF FLORIDA °. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION STATE OF FLORIDA ASBESTOS I,CFNSING UNIT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION THE ASBESTOS BUSINESS ORGANIyXT1ON HEREINIS LICENSED UNDER THE BOARD,OF F M ROFESSIONALfNGINEERS PROVISIONSOF CEAF7'ER4d9,FL(�RJDASTATUTES THEPROFESSIONAL ENGINE,ER;1`ILReIN IS', 'iFN€R UNDERTHE E. 0 + si PR VISIONS OFCHAPTE',(�471,FLOIZ16 STATUTES ,� W GRVEN£,RkOBERT,0C+ l[ < OGLE ASSOC ATE$ING `,' „$�5*CYPR S�CEN ER,oR ROElERTBEA(RGR E SUITE 110 1 '*�,4Q5'CYPRESSCEN�Tf1�,FYlkIUE '�` � Tf�1*�PA RY^,�'3blY�,,, � sulT�11p TAMPA EL 3669 ,�.-:k-.,r ..,,��... ..,..,.......r,-- LICENrSE NUMBER PE46498 I g LICENS_E NUMBER.ZAQD00034 � EXPIRATION DATE FEBRUARY 282021 EXPIRATION DATE:NOVEMBER30,2021 Alwsysverfylcensc—li eatMyH d Lcensecom E Always verify licenses online st MyFlorida Ucense.mm 2 yoo Do not alter this document in any form. Do not alter this document in any form.This is your license.It is unlawful for anyone other than the licensee to use this document. This is your license.It is unlawfulfor anyone other than the licensee to use this document.o o..t 0 tsr#33 -3H p pk 55'' ryry ry k g R g 4 aq y ;f}; 5 (5 k � OW Fl.dhu pw^ 0 dp STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION GEE Associates Inc BOARD OF PROFESSIONAL GEOLOGISTS , THE PROFESSIONAL' EbLOfOvj;SSJ`'HEREIN IS LICENSED UNDER THE PROVISIONS OFCHAPftk442,(=L'OT,ij�?A,S'lATUTES hvs f lfll dth q t fah T eScbst esC [ IA t(TSCA)S--4ozendhss q ece vedcertf(q[ontocond,Rleadf}asedpantati tespursiant to 40 CFR Part 745 zzs V .t,.r ARE E,ROBERT LA1R 0 )r ijonz i r I'.ate ri"i 5445,CYPRES55E,Jlt' 'pR � �. All EPA Administered Lead-based Paint Activities Program States,Tribes and Territories JAM�RA ;']a-.'l,,3604 This mrcf Caton isvalldfr,m the date of issuance and expres March 03,2021 I LICENSE NUMBER PGl737 CI. EXPIRATION DATE:JULY 31,2022 Always verifyliccnses online st MyFlorida Ucvnsecom LBP 2060 1 certf cat on# Michelle Price Chef January 25,2018 Lead Heavy Metals,and Inorgan ce Branch Do not alter this document in any form. Issued 0, O This is your license.Itis unlawful for anyone other than the licensee to use this document. T) LU 2 r- 0 LU Packet Pg. 1873 10:19:50 AM 81612020 Data Contained In Search Results Is Current As Of 08/06/2020 10:17 AM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline,click on the name. License Name License Type Name Type Number/ Status/Expires Rank 45 Asbestos Course Current OLE ASSOCIATES INC Primary Asbsts Provider 05/31/2023 Provider 0 Main Address*: 5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 CGC047543 Certified General Current,Active Contractor OL ASSOCIATES INC DBA Cert 08/31/2022 General Main Address*: 5405 CYPRESS CENTER DRIVE SUITE 110 TAMPA,FL 33609 U Certified Pollutant PCC056722 Storage System OLE ASSOCIATES INC DBA Cert Current,Active Contractor Pollutant 08/31/2022 Main Address*: 5405 CYPRESS CENTER DRIVE SUITE 110 TAMPA,FL 33609 U ZA0000034 Current Active Asbestos Business OL ASSOCIATES INC Primary Asbsts > Business 11/30/2021 License Location Address*: 5405 CYPRESS CENTER DRIVE TAMPA,FL 33609 Main Address*: 5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 Asbestos OLE ASSOCIATES INC DBA Cost nt Current,Active Consultant -AX 11/30/2020 Main Address*: 5405 CYPRESS CENTER DR TAMPA,FL 33609 C3C 46288 Asbestos OL ASSOCIATES INC DBA Contractor to$ Current,Active2.1 Contractor -C3C 11/30/2020 Main Address*: 5405 CYPRESS CENTER DR TAMPA,FL 33609 U Asbestos EA0000009 Active Acti Current, Consultant - OLE ASSOCIATES INC DBA Consultant 11/30/2020, 1/30 Acti Engineer - EA License Location Address*: 5405 CYPRESS CENTER DR TAMPA,FL 33609 fry Main Address*: 5405 CYPRESS CENTER DR TAMPA,FL 33609 Mold Related Services CE GLE ASSOCIATES INC Primary PVDR1 Null and Void Provider Mold Prov 05/31/2017 Main Address*: 5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 0 C Mold Related Services CE OLE ASSOCIATES INC Primary 2 Null and Void Course Mold Crse 12/26/2015 Uj Main Address*: 5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 Mold Related Services CE GLE ASSOCIATES INC Primary 3 Null and Void Course Mold Crse 12/26/2015 Main Address*: 5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 Construction OLE ASSOCIATES INC Primary PVD1155 Null and Void Course Provider Course 05/31/2015 Packet Pg. 1874 Provider Main Address*:5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 Asbestos Course GLE ASSOCIATES INC Primary Application in Provider Progress Main Address*:5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 Mold Related Services CE GLE ASSOCIATES INC Primary Application � Provider Withdrawn W Main Address*:4300 W CYPRESS STREET TAMPA,FL 33607 Construction Business GLE ASSOCIATES NC Primary Business Current Information Info Main Address*:4300 W CYPRESS STREET SUITE 400 TAMPA,FL 33607 0 Asbestos Course Application in Provider L E ASSOCIATES INC Primary Progress Main Address*:5405 CYPRESS CENTER DRIVE,SUITE 110 TAMPA,FL 33609 U Architect Business GLE ASSOCIATES, NC Primary Business Current, Active Information Info Main Address*:5405 CYPRESS CENTER DR TAMPA,FL 33609 0 CD Professional PG1737 Current, Active Geologist L E ASSOCIATES, IBC. DBA PG 07/31/2022 0 Main Address*:5405 CYPRESS CENTER DR TAMPA,FL 33609 5483 Registry GLE ASSOCIATES, NC. Primary Current Registry Main Address*:5405 CYPRESS CENTER DR TAMPA,FL 33609 CL Geology Business L.E A OCIATE , INC. Primary Business Current, Active Information Info Main Address*:5405 CYPRESS CENTER DR TAMPA,FL 33607GLE (J ASSOCIATES, NC; ORTELA AR0007729 Current, Active Architect ACAT ,ARCHITECTURE,. BBA Architect 02/28/2021 AVMN N Main Address*: 610 HORATIO STREET TAMPA,FL 33606 Mailing Address*: 3207 W.FAIROAKS AVENUE TAMPA,FL 33611 *denotes N Main Address-This address is the Primary Address on file. Mailing Address-This is the address where the mail associated with a particular license will be sent(if different from the Main or License Location addresses). License Location Address-This is the address where the place of business is physically located. fu Uj 0) 2601!#fair Stone Road,Tallahassee FL 32399::Email:Customer Contact Center::Customer Contact Center: 850.487.1395 C 0 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Mate east Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contac LLJ _j office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under CF 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.However email addresses are public recoi you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. U Packet Pg. 1875 DATE(P DA•J AC"R"® CERTIFICATE OF LIABILITY INSURANCE 12/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. > IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wendy Tyree NAME:Lassiter-Ware Insurance of Tampa Bay HICONNo Ext: (800)845-8437 (FAX c,No: (888)883-8680 1300 N.Westshore Blvd. E-MAIL SS: wendyt@lassiterware.com ADDRE Suite 110 INSURER(S)AFFORDING COVERAGE NAIC# Tampa FL 33607 INSURERA: Underwriters at Lloyd's London INSURED INSURER B Old Dominion Insurance Co. 40231 0) GLE Associates,Inc. INSURER C: Granite State Ins.Co. 23809 5405 Cypress Center Drive,Suite 110 INSURER D: INSURER E Tama FL 33609 p INSURER F: �. COVERAGES CERTIFICATE NUMBER: 19-20 Cert REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U I POLICY TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAM_7CLAIMS-MADE ®OCCUR PREM SES Ea oNcurrDence $ 300,000 O Contractors Pollution Liability MED EXP(Any one person) $ 25,000 A X Contractual Liability ENC0002124-03 12/31/2019 12/31/2020 PERSONAL&ADV INJURY $ 1,000,000 O MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,500 PE0POLICY LOC PRODUCTS-COMP/OP AGG $ 2,000,000 : $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ' Ea accident ANYAUTO BODILY INJURY(Per person) $ CL B OWNED SCHEDULED B1P2513F 12/31/2019 12/31/2020 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYnt DAMAGE $ AUTOS ONLY AUTOS ONLY Per accide PIP-Basic $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LAB CLAIMS-MADE ENX0000098-03 12/31/2019 12/31/2020 AGGREGATE $ 5,000,000 (� DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A WC001469933 12/31/2019 12/31/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 > Ifyes,describe under 0) DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Professional Liability(Claims-Made) ru A Limits included with General Liability ENC0002124-03 12/31/2019 12/31/2020 Each Claim $1,000,000 .2 Aggregate $2,000,000 N DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Excess Liability policy extends over the General Liability,Contractors Pollution Liability,Automobile Liability,Workers'Compensation and Professional Liability and policies. The Professional Liability includes Asbestos Consulting per terms and conditions of the policy. The General Liability Deductible$10,000 per occurrence/Contractors Pollution Liability Deductible$10,000 per claim Professional Liability Deductible $10,000 per claim 0 C O CERTIFICATE HOLDER CANCELLATION J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Evidence of Insurance c/o GLE Associates,Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 5405 Cypress Center Drive AUTHORIZED REPRESENTATIVE Suite 110 Tampa FL 33609 � ©1988-2015 ACORD CORPORATION. All rights reserved. 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O • O 1 1 1 1 1 1 1 1 V I 1 1 1 Q 1 01 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0-1 1 L L L L Zi i �i �i i i Ti i i �i i Ji Z 3 3 0 1 1 4"�1 1 1 1 1 1 —1 1 1 1 1 1 . �• � '-w I � r a1 1 �1 1 1 _V 1 1 1 '-1 1 1 —1 1 Y , ..:.. 1 1 TI 1 1 1 1 1 I_1 1 1 1 1 1 Z ` `l. :1 V)1 1 1 1 1 CC 1 1 1 1 1 1 1 1 1 L U I 1 V I 1 1 C I 1 1 W 1 1 1 =1 1 O I Q 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 = U In (n Ln D.1.k AGREEMENT FOR Environmental & Historical Review Services C This Agreement ("Agreement") made and entered into this 21st day of October, 2020 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Tetra Tech, Inc. a Corporation of the State of Delaware, whose address is 2301 Lucien Way, Suite 120 Maitland, Florida 32751 its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT", 0 WITNESSETH: 2 WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Environmental and Historical Review Services for the Community Development Block < Grant- (CDBG) Disaster Recovery (DR) Voluntary Home Buyout Program (VHBP); and cv WHEREAS, CONSULTANT has agreed to provide professional services which shall `V include but not be limited to providing Environmental and Historical Review Services for the co CDBG-DR VHBP, which services shall collectively be referred to as the "Project"; CD NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 y 1.1 REPRESENTATIONS AND WARRANTIES C By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; U- 1.1.2 The CONSULTANT has become familiar with the Project, Project site and the local conditions under which the work is to be completed; 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in 1 Packet Pg. 1878 D.1.k verifying work completed by CONSULTANTs and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT shall document its progress in performing its work under this Agreement and report its progress to the County on a monthly basis or upon request by the County. The monthly reports will include current status and progress and the expenditure of funds to date. The County will report the Contractor's progress to DEO in accordance with the Federally-Funded CDBG-DR Voluntary Home Buyout Program Subrecipient Agreement. 0 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent > with professional skill and care and the orderly progress of the Project. In providing all c services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said cV statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon cv delivery of written notice of termination to the CONSULTANT. co 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County or the State of Florida. No statement contained in this agreement Ch shall be construed so as to find the CONSULTANT or any of his/her employees, 0) contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County or the State of Florida. 1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not �, job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. r_ 1.1.9 The effective date of this AGREEMENT shall be October 21, 2020. The term of the AGREEMENT shall be for a two-year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one-year increments for up to two (2) years at the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. 2 Packet Pg. 1879 D.1.k ARTICLE II SCOPE OF BASIC SERVICES C 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The period of performance or date of completion, and performance requirements shall be included in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon receipt of a Task Order. The Board of County Commissioners hereby authorizes the County Administrator or his designee to execute Task orders on behalf of the COUNTY. Specific services will be performed pursuant to individual task orders issued by the County and agree to by the CONSULTANT. The Task Order must contain a description of the services to be performed, the time period within which services must be performed ("Completion Date") and the estimated cost, based upon the agreed upon rates, changes and c payment conditions, and additional terms and conditions that are applicable to such Task Orders. > 2 Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY'S written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically reference in the Task Order and the modification shall be precisely described. coCD 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 0 The CONSULTANT shall, without additional compensation, promptly correct any errors, y omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its 0) subcontractors, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized y representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid,to the COUNTY by certified mail, return receipt requested, to the following: r_ Cynthia Guerra Monroe County Acquisitions Manager 2798 Overseas Highway Marathon, Florida 33050 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONSULTANT: 3 Packet Pg. 1880 D.1.k Betty Kamara Tetra Tech, Inc. 2301 Lucien Way, Suite 120, Maitland, FL 32751 C .5 0 c 0 0 2 cv Co CD cv cv 0 U c T C .5 CL Packet Pg. 1881 D.1.k ARTICLE III ADDITIONAL SERVICES C 3.1 The services described in this Article III may be provided by the CONSULTANT (which are set forth below for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but should be in accordance with the agreed upon rates and only if approved by the COUNTY before commencement. A. Providing services of CONSULTANT for other than the previously listed scope of work for the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Environmental Review Services. c C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 2 0. If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. co ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work and any available maps. .2 c 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with n respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 0 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors or other consultants. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subcontractors shall be solely for the purpose of determining whether such documents 5 Packet Pg. 1882 D.1.k are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. 0 ARTICLE V 2 INDEMNIFICATION AND HOLD HARMLESS 0 The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. co In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the work product, plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the 2 County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. T The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. r- This indemnification shall survive the expiration or earlier termination of the Agreement. .22 DEO INDEMNIFICATION To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold > harmless the Agency (COUNTY), the State of Florida, Department of Economic Opportunity, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. 6 Packet Pg. 1883 D.1.k This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign immunity." r_ ARTICLE VI PERSONNEL 6.1 PERSONNEL 0 The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: c NAME FUNCTION 2 Jeffrey Dickerson, Program Manager/Principal in Charge Krys Ellis, Project Manager Angela Dahlgren, Principal Environmental Scientist/Engineer Sommer Parish, Associate Environmental Scientist/Engineer Shelby Frizzell, Associate Environmental Scientist/Engineer co Chis Burns, Principal Environmental Scientist/Engineer Justin Neely, Lead-based Risk Assessor Carlos Medina, Asbestos Building Inspector Nick Avery, Senior Environmental Scientist/Engineer Elizabeth Blasius, Senior Environmental Scientist/Engineer Robert Peltier, Senior Environmental Scientist/Engineer Joe Fischl, Principal Environmental Scientist/Engineer c So long as the individuals named above remain actively employed or retained by the T) CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. r_ ARTICLE VII COMPENSATION CL 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is $ TBD. E Packet Pg. 1884 D.1.k 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; 0 (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require, including but not limited to back up documentation c sufficient for reimbursement of expenses by Florida Department of Economic > Opportunity, U.S. Department of Housing and Urban Development or other governmental agencies. (A) Upon submission of a proper invoice with supporting documentation from the cV CONSULTANT, the COUNTY will submit a Request for Funds (RFF) to DEO in the manner prescribed by DEO and in accordance with DEO's SERA system. cv Upon DEO approval of the County's RFF and disbursement by the State's co Financial Management Department, the County will pay CONSULTANT within 30 days disbursement of funds to the County. 0 7.3 REIMBURSABLE EXPENSES "Fully Loaded Hourly" Rates shall be inclusive of all reimbursable expenses, including travel. If"Hourly Rates" are used reimbursement for expenses may be allowed as follows: T Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project, such as: Cost of reproducing maps or drawings or other materials used in performing the scope of services; and Postage and handling of reports; CL 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 8 Packet Pg. 1885 D.1.k 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. r- ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses c resulting from such delay. 0 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the cV COUNTY and shall be in a form acceptable to the COUNTY. cv co 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and v, owned, hired or non- owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with Five Million Dollars ($5,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. 9 Packet Pg. 1886 D.1.k E. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. F. CONSULTANT shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. 0 G. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. H. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance c will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. c 0 I. The State of Florida shall be furnished with a certificate of insurance, which shall c provide that such insurance shall not be changed or canceled, without ten days prior written notice to the State of Florida. Certificates of Insurance shall be ~� delivered to the State of Florida prior to the commencement of the agreement. THE cV POLICY SHALL LIST THE STATE OF FLORIDA AS CO-INSURED OR ADDITIONAL INSURED. co cv CD ARTICLE IX 0 MISCELLANEOUS y 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. T) 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. 10 Packet Pg. 1887 D.1.k Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. DEO directs that the Contractor or Sub-recipient/Monroe County shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee/DEO thereto; provided, however, that claims for money due or to become due to the contractors from the Grantee/DEO under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee/DEO. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 0 9.5 TERMINATION 2 A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. cv B. Either of the parties hereto may cancel this Agreement without cause by giving the n' other party thirty (30) days written notice of its intention to do so. co CD C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should c CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, 2 the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior y to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one thirty (30) days' notice to CONTRACTOR. If °® the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. ll Packet Pg. 1888 D.1.k E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant c 0 written notice and an opportunity to demonstrate the agency's determination of > false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, c or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. N F. Termination of Federal Award cv The Federal award may be terminated in whole or in part as follows: CO (1) By the Federal awarding agency or the State of Florida, if a Contractor or Sub-recipient fails to comply with the terms and conditions of a Federal award; (2) By the Federal awarding agency or the State of Florida for cause; (3) By the Federal awarding agency or the State of Florida with the consent of the Contractor or Sub-recipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; or (4) By the Contractor or Sub-recipient upon sending to the Federal awarding agency or the State of Florida written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or State of Florida determines in the case of partial termination that the reduced or modified portion of the Federal award or sub-award will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or State of Florida may terminate the Federal award in its entirety. LU CL When a Federal awarding agency terminates a Federal award prior to the end of the period of performance due to the Contractor or Sub-recipient 's material failure to comply with the Federal award terms and conditions, the Federal awarding agency must report the termination to the OMB-designated integrity and performance system accessible through SAM. (1) The information required under paragraph (b) of this section is not to be reported to designated integrity and performance system until the Contractor or Sub-recipient either— (i) Has exhausted its opportunities to object or challenge the 12 Packet Pg. 1889 D.1.k decision, see §200.341 Opportunities to object, hearings and appeals; or (ii) Has not, within 30 calendar days after being notified of the termination, informed the Federal awarding agency that it intends to appeal the Federal awarding agency's decision to terminate. (2) If a Federal awarding agency, after entering information into the designated integrity and performance system about a termination, subsequently: (i) Learns that any of that information is erroneous, the Federal awarding agency must correct the information in the system within three business days; (ii) Obtains an update to that information that could be helpful to other Federal awarding agencies, the Federal awarding agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. (3) Federal awarding agencies, shall not post any information that will be made publicly available in the non-public segment of designated integrity c 0 and performance system that is covered by a disclosure exemption under > the Freedom of Information Act. If the Contractor or Sub-recipient asserts within seven calendar days to the Federal awarding agency who posted the information, that some of the information made publicly available is covered ~� by a disclosure exemption under the Freedom of Information Act, the cV Federal awarding agency who posted the information must remove the posting within seven calendar days of receiving the assertion. Prior to cv reposting the releasable information, the Federal agency must resolve the co issue in accordance with the agency's Freedom of Information Act procedures. (c) When a Federal award is terminated or partially terminated, both the Federal awarding agency or State of Florida and the Contractor or Sub-recipient remain Ch responsible for compliance with the requirements in 2 CFR 200.343 Closeout and 0) 2 CFR 200.344 Post-closeout adjustments and continuing responsibilities. References: (2 CFR 200.339; 78 FR 78608, Dec. 26, 2013, as amended at 80 FR 43309, July 22, 2015) 9.6 CONTRACT DOCUMENTS y This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A-Scope of Services and—Pricing- Compensation and Rates, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit 13 Packet Pg. 1890 D.1.k bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been > placed on the convicted vendor list. c CONSULTANT will promptly notify the COUNTY if it or any subcontractor or CONSULTANT is formally charged with an act defined as a "public entity crime" cV or has been placed on the convicted vendor list. N 9.8 MAINTENANCE AND RETENTION OF RECORDS, ACCESS TO RECORDS AND co CD RIGHT TO AUDIT CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of Three (3) years from the submission of the final expenditure report as per 24 CFR§570.502(a)(7)(ii) and 2 CFR 200.333, whichever is greater. (See below Record Retention Requirements). Any audit 2 working papers must be available upon request for a period of six (6) years from the date DEO issues the final closeout of the Federally Funded CDBG-DR Voluntary Home T Buyout Program Subrecipient Agreement, unless it is extended by DEO. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Record Retention Requirements: In accordance with 2 CFR 200.333, the Contractor agrees financial records, supporting documents, statistical records, and all other Contractor records pertinent to a Federal award shall be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly 14 Packet Pg. 1891 D.1.k or annual financial report, respectively, as reported to the Federal awarding agency or the State of Florida in the case of a sub-recipient. Federal awarding agencies and the State of Florida may not impose any other record retention requirements upon Contractor. The only exceptions are the following: a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. b) When the Contractor or Sub-recipient/County is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or State of Florida to extend the retention period. c) Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. d) When records are transferred to or maintained by the Federal awarding agency or the State of Florida, the 3-year retention requirement is not applicable to the Contractor or Sub-recipient. Reference: Access to Records: The Consultant/Contractor agrees that the Federal awarding c 0 agency, Inspector General, the Comptroller General of the United States, and the State > of Florida, or any of their authorized representatives, have the right of access to any documents, papers, or other records of the Consultant/Contractor or Sub- recipient/Monroe County which are pertinent to the Federal award, in order to make ~� audits, examinations, excerpts, and transcripts. The right also includes timely and cV reasonable access to the Contractor or Sub-recipient's personnel for the purpose of interview and discussion related to such documents in accordance with 2 CFR 200.336 cV co Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc. as applicable); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the T Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable E judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by LU County's representative and/or agents or the County Clerk. County or County Clerk CL may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead > computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by 15 Packet Pg. 1892 D.1.k the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 0 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant c 0 to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and > usual and customary procedures required by the circuit court of Monroe County. c 9.10 UNCONTROLLABLE CIRCUMSTANCES cv Any delay or failure of either Party to perform its obligations under this Agreement will n' be excused to the extent that the delay or failure was caused directly by an event co beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract y disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within Five (5) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each 16 Packet Pg. 1893 D.1.k remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.12 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and c inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. N 9.14 AUTHORITY cv cv Each party represents and warrants to the other that the execution, delivery and co CD performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 0 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any additional conditions imposed as a result of funding that effect the Project will be provided to each party. .2 c T) 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS, DIRECTIVE BY DEO ON BREACHES AND DISPUTE RESOLUTION COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions. Subject to the Directive by DEO on Breaches and Dispute Resolution below, if the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. Directive by DEO on Breaches and Dispute Resolution 17 Packet Pg. 1894 D.1.k (a) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the State of Florida Department of Capital Planning and Resiliency's Administrator or designee. This decision shall be final and conclusive unless within [ten (10)] calendar days from the date of receipt of its copy, the Contractor or Sub-recipient mails or otherwise furnishes a written appeal to Administrator or designee. In connection with any such appeal, the Contractor or Sub-recipient/County shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of Administrator or designee shall be binding upon the Contractor or Sub- recipient/County and the Contractor or Sub-recipient/County shall abide by the decision. (b) Performance During Dispute - Unless otherwise directed by to the State of Florida Department of Capital Planning and Resiliency, Contractor or Sub-recipient/County shall continue performance under this Contract while matters in dispute are being resolved. (c) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his c 0 employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. (d) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the State of Florida Department of cv economic opportunity and the Contractor or Sub-recipient arising out of or relating to this agreement or its breach will be decided by arbitration in the State of Floridaco cv Department of economic opportunity if the parties mutually agree, or in a court of competent jurisdiction within the State in which the State of Florida Department of economic opportunity is located. (e) Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the State of Florida Department of Capital Planning and Resiliency, Sub-Recipient/County or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. v, References: 49 CFR Part 18 9.17 COOPERATION m r_ In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall °® be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of 18 Packet Pg. 1895 D.1.k competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient c records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) c The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) ~� Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis cV of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; familial status or age; 11) Florida Civil Rights Act, cv as amended, Chapter 760, Florida Statutes; 12) Section 109 of title 1 of the Housing co and Community Development Act of 1974 (Title I) (42 U.S.C. 5309); and 13)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. U Ch During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees c T as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: WI Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by 19 Packet Pg. 1896 D.1.k or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 0 4) The contractor 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 workers' representative of the contractor's commitments under section 202 of ~� Executive Order 11246 of September 24, 1965, and shall post copies of the notice cV in conspicuous places available to employees and applicants for employment. N 5) The contractor will comply with all provisions of Executive Order 11246 of co September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 0 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing 20 Packet Pg. 1897 D.1.k such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 0 In accordance with the subrecipient Agreement with DEO the following equal employment opportunity and civil right requirements apply: a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, c 0 regulations, and Federal policies that may in the future affect construction activities > undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, creed, national origin, sex, or age. Such ~� action shall include, but not be limited to, the following: employment, upgrading, cV demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including cv apprenticeship. In addition, the Contractor agrees to comply with any implementing co requirements HUD may issue. b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 53327 the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the ru requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 T C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements HUD may issue. (References: Executive Order 11246 September 24, 1965 as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations 41 CFR chapter 60) d) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor or Sub-recipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor or Sub-recipient agrees to comply with applicable Federal implementing regulations and other implementing requirements HUD may issue. e) The Contractor or Sub-recipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable 21 Packet Pg. 1898 D.1.k non-discrimination provisions in Section 109 of the HCDA are still applicable. f) The Contractor or Sub-recipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. (References: 29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112,42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.) 0 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and c shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and c 0 receive benefits as recited in this Agreement. > 0 9.20 CODE OF ETHICS/ CONFLICT OF INTEREST cv COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, coCD solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. U Ch CONTRACTOR/CONSULTANT certifies that there is no present conflict of interest, and that CONTRACTOR/CONSULTANT has no knowledge of any conflict of interest. CONTRACTOR/CONSULTANT are expected to safeguard their ability to make objective, fair, and impartial decisions when performing work for the COUNTY, and ru therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the COUNTY should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. CONTRACTOR/CONSULTANT agrees not to solicit or accept gratuities, unwarranted privileges or exemptions,favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the COUNTY or may otherwise be a violation of the law. Any person who is an employee, agent, consultant, officer, or elected official or appointed official of the State of Florida, or of any of the State's subsidiaries, who exercises or have exercised any functions or responsibilities with respect to CDBG activities assisted, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, 22 Packet Pg. 1899 D.1.k subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year after such decision making responsibilities have ended. (Reference: 2 CFR 200.112) 0 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS REQUIREMENTS, COPYRIGHT, PATENT, AND TRADEMARK W PROPERTY AND INTELLECUTAL PROPERTY `V cv Public Records Compliance. CONSULTANT must comply with Florida public records coV laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of articleCD I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs T associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public E Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. > (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23 Packet Pg. 1900 D.1.k (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. r- (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. c (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and < the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the coCD County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as 2 otherwise provided by law. T IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS r- 0 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY- BRIAM&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TI Street, > SUITE 408, KEY WEST, FL 33040. Copyright, Patent, Trademark Within 30 calendars days of execution of this Agreement, the CONTRACTOR shall disclose all intellectual properties relating to performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The CONTRACTOR shall retain all rights and entitlements to 24 Packet Pg. 1901 D.1.k any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and the County and DEO shall have the right to all patents and copyrights which accrue during performance of the Agreement. The State of Florida Department of economic opportunity reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: The copyright in any work developed under the Contract, and to any rights of copyright to which a Contractor, Sub-contractor or a Sub-recipient purchases ownership with grant support. (Reference: 24 CFR Subtitle A. 85.34 Copyrights) Intellectual property. 2 CFR §200.448-Intellectual property shall apply to this Agreement as set forth below: (a) Patent costs. (1) The following costs related to securing patents and copyrights are allowable: (i) Costs of preparing disclosures, reports, and other documents required by the Federal award, and of searching the art to the extent necessary to make such disclosures; c 0 (ii) Costs of preparing documents and any other patent costs in connection with the > filing and prosecution of a United States patent application where title or royalty-free license is required by the Federal Government to be conveyed to the Federal Government; and ~� (iii) General counseling services relating to patent and copyright matters, such as cv advice on patent and copyright laws, regulations, clauses, and employee intellectual property agreements (See also § 200.459 Professional service costs). cv (2) The following costs related to securing patents and copyrights are unallowable: CO (i) Costs of preparing disclosures, reports, and other documents, and of searching the art to make disclosures not required by the Federal award; (ii) Costs in connection with filing and prosecuting any foreign patent application, or any United States patent application, where the Federal award does not require conveying title or a royalty-free license to the Federal Government. (b) Royalties and other costs for use of patents and copyrights. (1) Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent, or rights thereto, necessary for the proper performance of the Federal award are allowable unless: (i) The Federal Government already has a license or the right to free use of the patent y or copyright. (ii) The patent or copyright has been adjudicated to be invalid, or has been administratively determined to be invalid. (iii) The patent or copyright is considered to be unenforceable. (iv) The patent or copyright is expired. (2) Special care should be exercised in determining reasonableness where the royalties may have been arrived at as a result of less-than-arm's-length bargaining, LU CL such as: (i) Royalties paid to persons, including corporations, affiliated with the non-Federal entity. (ii) Royalties paid to unaffiliated parties, including corporations, under an agreement entered into in contemplation that a Federal award would be made. (iii) Royalties paid under an agreement entered into after a Federal award is made to a non-Federal entity. (3) In any case involving a patent or copyright formerly owned by the non-Federal entity, the amount of royalty allowed must not exceed the cost which would have been 25 Packet Pg. 1902 D.1.k allowed had the non-Federal entity retained title thereto 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this c 0 Agreement within the territorial limits of the COUNTY shall apply to the same degree > and extent to the performance of such functions and duties of such officers, agents, c volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES cv Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended ' to, nor shall it be construed as, relieving any participating entity from any obligation or coCD responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be 2 offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Q 9.26 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION > CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are 26 Packet Pg. 1903 D.1.k accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 0 9.28 NO PERSONAL LIABILITY 0 No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS 0 This Agreement may be executed in any number of counterparts, each of which shall > be regarded as an original, all of which taken together shall constitute one and the 0. same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. N 9.30 COMPLIANCE WITH LAWS AND REMEDIES FOR NONCOMPLIANCE cv cv The CONTRACTOR shall comply with and is bound by all applicable Local, State, and co CD Federal laws, rules and regulations. The following federal laws and regulations will apply to this Agreement: 24 CFR 570, 2 CFR Part 200 Uniform Administrative Requirements, cost Principals and Audit Requirements for Federal Awards (links Attached as Exhibit B), 2 CFR Part 200 Overview for Grantees Grants Management& Oversight Division/Office of Strategic Planning and Management (Exhibit C) and Federal Register Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844. All funded activities under this agreement shall meet one of the three National Objectives listed in 24 C.F.R. 570.483(b), (c), and (d) c T The Community Development Block Grant—Disaster Recovery(CDBG-DR) allocation to the State of Florida is governed by the following laws and regulations: a. The Housing and Community Development Act of 1974; b. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5155), as amended; c. Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191 Duplication of Benefit d. Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 FR 71060) Public Law 113-2: e. Disaster Relief Appropriations Act, 2013 (at HR 152-34) f. The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013 g. HUD Federal Register Notice at 78 FR 23578 published April 19, 2013 h. HUD Federal Register Notice at 78 FR 76154 published December 16, 2013 i. The applicable laws of the State of Florida; and j. By the laws and regulations promulgated by the State for the CDBG-DR program. 27 Packet Pg. 1904 D.1.k k. In addition to the citations noted, the CDBG-DR allocation is also subject to"cross- cutting" Federal requirements referenced herein and contained in 2 CFR 200 Sub-p Federal Changes FEDERAL CHANGES: Contractor shall at all times comply with all applicable Federal regulations, policies, procedures and directives, including without limitation those listed directly or by reference in this Contract between the State of Florida Department of economic opportunity and the Contractor or Sub-recipient, as such Federal regulations, policies, procedures and directives may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Reference: (49 CFR Part 18) Remedies for Noncompliance If a Contractor or sub-recipient/County fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or the State of Florida may impose additional conditions, as described in 2 c 0 CFR 200.207 Specific conditions. If the Federal awarding agency or the State of > Florida determines that noncompliance cannot be remedied by imposing additional c conditions, the Federal awarding agency or the State of Florida may take one or more of the following actions, as appropriate in the circumstances: ~� (a) Temporarily withhold cash payments pending correction of the deficiency by the cV Contractor or Sub-recipient/County or more severe enforcement action by the Federal awarding agency or State of Florida. cv (b) Disallow (that is, deny both use of funds and any applicable matching credit for) all co or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the Federal award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a State of Florida, recommend such a proceeding be initiated by a Federal awarding agency). (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. Reference: (2 CFR 200.338) 9.31 FEDERAL CONTRACT REQUIREMENTS y The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 9.31.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, 28 Packet Pg. 1905 D.1.k contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The prevailing wages determination issued by the Department of Labor and included in the Request for Proposals will apply. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti- Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give c 0 up any part of the compensation to which he or she is otherwise entitled. The COUNTY > must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. cv (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions coCD require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the y contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment n of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials U- or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit 29 Packet Pg. 1906 D.1.k 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. 9.31.4 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. 9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award c 0 (see 2 CFR 180.220) must not be made to parties listed on the government wide > exclusions in the System for Award Management (SAM), in accordance with the OMB c 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 cV otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. CD cv co 9.31.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the State of Florida Department of Capital Planning and Resiliency. References: (31 U.S.C. 1352 as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65; 49 CFR Part 19, 49 CFR Part 20) 9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and 30 Packet Pg. 1907 D.1.k resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Other Federal Requirements: r- 9.31.8 Compliance with Section 3 of the Housing and Urban Development Act of 1968—The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, but not in derogation of compliance with Section 7(b). The CONTRACTOR should review the DEO Subrecipient Agreement for further guidance and required forms. 9.31.9 Americans with Disabilities Act of 1990, as amended (ADA) —The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the c 0 COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the > opportunity to participate in the performance of contracts financed in whole or in part c with COUNTY funds under this Agreement.The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its ~� CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the cV performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth cv in detail below), applicable federal and state laws and regulations to ensure that the co DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the �, CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the 31 Packet Pg. 1908 D.1.k Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. r_ 9.31.11 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 0 9.31.12 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the U.S. Department of Housing and Urban Development (HUD) and the State of Florida, Department of Economic Opportunity (DEO) access to records, accounts, documents, information, facilities, and staff. c 0 Contractors/Consultants must 1. cooperate with any compliance review or complaint > investigation conducted by HUD or DEO 2. Give HUD or DEO access to and the right c to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other ~� individuals and information as may be necessary, as required by HUD and DEO cV regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate HUD and DEO officials and maintain cv appropriate backup documentation to support the reports. co 9.31.13 Logo and Flags: Contractor shall not use the Department of Housing and Urban Development (HUD) seal(s), logos, crests, or reproduction of flags or likeness of HUD agency officials without specific approval. 9.31.14 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by T both the COUNTY and Contractor. 9.32 DEO requirements C 9.32.1 If any portion of this agreement is funded by the Florida Department of Economic Opportunity, The CONTRACTOR will be bound by the terms and conditions of the Federally-Funded Community Development Subaward and Grant Agreement between LU CL COUNTY and the Florida Department of Economic Opportunity (DEO) (Attached ca Hereto as Exhibit A. 9.21.2 The CONTRACTOR shall hold DEO and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 9.21.3 Religious Activities: The Contractor or Sub-recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 32 Packet Pg. 1909 D.1.k CFR 570.2000), such as worship, religious instruction, or proselytization. Applicable to Professional Services Contracts 1. Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the contractors within 30 days after receipt by the contractors. Failure of the Contractor to comply with the above inspection requirements will constitute a violation of this contract and may result in Remedies for Non- 0 Compliance or Termination as provided for in the Contract. 2. Section 3 The State of Florida requires the Contractor and all applicable sub-contractors to follow the State's Section 3 requirements as defined by the State's Section 3 Plan. 3. Minority Owned, Woman Owned or Section 3 Business Utilization > 0 The State of Florida requires the Contractor meet or exceeds the Contractors stated proportional use of Minority Owned, Woman Owned or Section 3 Business that the Contractor stated in W responding to the Request for Proposals or Request for Qualification. The Contractor understands and agrees that failure to meet this requirement may result in termination or such `V other sanctions as may be solely determined by the State. `V cv co Applicable to Construction Contracts 1. Bonds No surety will be accepted by the State if the Bidder is now in default or delinquent on any bond or has an interest in any litigation against the State. All bonds shall be executed by surety companies licensed to do business in the State of Oklahoma and acceptable to the State Council. Each bond shall be executed by the Contractor and the Surety. The State requires a Bid Bond to be submitted at the time of the Bid. The State requires a Maintenance Bond, a Performance Bond and a Statutory Bond for Bidders entering into a contract with the State. v, Bid Bond Bidders will include a bid bond, bank check or irrevocable letter of credit for 5% of the bid if the bid is over $50,000. Upon award of bid, bonds shall be submitted to the State of Florida. Maintenance Bond: A good and sufficient Maintenance Bond shall be required in an amount equal to one hundred LU CL (100) percent of the total amount of the contract, guaranteeing such improvements against defective workmanship and/or materials for a period of one (1) year from and after the time of completion and acceptance by the State of said improvements. °® Performance Bond: A good and sufficient Performance Bond shall be required in an amount equal to one hundred (100) percent of the total contract amount guaranteeing execution and completion of the work in accordance with the specifications. E Statutory Bond: A good and sufficient Statutory Bond shall be required in an amount equal to one hundred (100) 33 Packet Pg. 1910 D.1.k percent of the total contact amount guaranteeing payment in full for all materials and labor used in the construction of the work. 2. Contract Work Hours and Safety Standards Act The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the c work in question involves the performance of construction work and is to be performed: (1)directly on or near the construction site, or (2) by the employer for the specific project on a customized c basis. Thus, a supplier of materials, which will become an integral part of the construction, is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question P 0. specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular �-- inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. CO CD 3. Davis Bacon Act A. Minimum wages 2 1) All laborers and mechanics employed or working upon the site of the work (or under the c U United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto T and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. 2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, the employer's payroll records accurately set forth the time spent in each classification in which work is 34 Packet Pg. 1911 D.1.k performed. The wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 3) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: a. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the 0 wage determination; and b. The classification is utilized in the area by the construction industry; and c. The proposed wage rate, including any bona fide fringe benefits, bears as reasonable relationship to the wage rates in the wage determination; and d. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. B. If the contractor and the laborers and mechanics to be employed in the classification (if W known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage CO CD and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. C. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed FU classification and wage rate (including the amount designated for fringe benefits, where .2 appropriate), the contracting officer shall refer the questions, including the views of all c interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. D. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work CL in the classification under this contract from the first day on which work is performed in the CO classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 35 Packet Pg. 1912 D.1.k (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: 0 (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 0 (2) The classification is utilized in the area by the construction industry; and > 2 0. (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. ~� cv (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification cv and wage rate (including the amount designated for fringe benefits where appropriate), a CO report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Withholding—the State of Florida Department of economic opportunity shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime 36 Packet Pg. 1913 D.1.k contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the[insert name of grantee] may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Payrolls and basic records (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of c wages paid (including rates of contributions or costs anticipated for bona fide fringe > benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR ~� 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs cv reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that cv the commitment to provide such benefits is enforceable, that the plan or program is co financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the State of Florida Department of economic opportunity for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) 37 Packet Pg. 1914 D.1.k employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; r- (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 0 (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. 0 (iii) The contractor or subcontractor shall make the records required under paragraph > (a)(3)(i) of this section available for inspection, copying, or transcription by authorized c representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the ~� job. If the contractor or subcontractor fails to submit the required records or to make them cv available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of cv any further payment, advance, or guarantee of funds. Furthermore, failure to submit the co required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 0 Apprentices and trainees Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of 38 Packet Pg. 1915 D.1.k the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training c Administration. Every trainee must be paid at not less than the rate specified in the > approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee ~� program does not mention fringe benefits, trainees shall be paid the full amount of fringe cV benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the cv corresponding journeyman wage rate on the wage determination which provides for less co than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. y 0 Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. r- (5) Compliance with Copeland Act requirements — The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts — The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment — A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a 39 Packet Pg. 1916 D.1.k subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements — All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 0 (9) Disputes concerning labor standards — Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 0 (10) Certification of eligibility — (i) By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section c 0 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). > References: 40 U.S.C. & 167; 27a-276a-5 (1998), 29 CFR § 5 (1999) 4. Section 3 The State of Florida requires the Contractor and all applicable sub-contractors to follow the State's Section 3 requirements as defined by the State's Section 3 Plan. cv co CD 5. National Environmental Policy Act (NEPA) The Contractor understands and agrees that no action may be taken by the Contractor until 2 such time as the State of Florida has provided a signed and executed Notice to Proceed; U The Contractor agrees to follow the requirements of 24 CFR Part 58 (NEPA), as applicable. 6. Clean Air The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec.. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification and the appropriate EPA Regional y Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Assurances provided by HUD. References: 42 U.S.C. 7401 et seq., 40 CFR 15.61, 49 CFR Part 18 LU 7. Clean Water The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The °® Contractor agrees to report each violation to the State of Florida Department of economic opportunity and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notifications the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with HUD. 40 Packet Pg. 1917 D.1.k References: 33 U.S.C. 1251 8. Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Reference (42 U.S.C. 6321 et. Seq., 49 CFR Part 18) 0 9. Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000) 0 10. Federal Register i. Public Law > 2 ii. Federal register notices (list that apply to FL) cv TERMINATION AND DEBARMENT PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq., 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307 coCD The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any Ch statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government FU reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on .2 the Contractor to the extent the Federal Government deems appropriate. y The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal Assurances originally awarded by HUD, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal Assurances provided by HUD. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Order 12549 (over $25,000) Instructions for Certification 41 Packet Pg. 1918 D.1.k By Signing and submitting this bid, the prospective lower tier participant is providing the singed certification set out below: The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the State of Florida Department of economic opportunity may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the State of Florida Department of economic opportunity if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered n "participant," "persons," n n "principal," transaction, participant, persons, lower tier covered transaction, principal, "Contractor," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may c 0 contact the State of Florida Department of economic opportunity for Assurances in obtaining a > copy of those regulations. The prospective lower tier participant agrees by submitting this bid that, should the proposed ~� covered transaction be entered into, it shall not knowingly enter into any lower tier covered cv transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the State of Of Florida cv Department of Capital Planning and Resiliency. co The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered y transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its y principals. Each participant may, but is not required to, check the Non-procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the State of Florida Department of economic opportunity may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" 42 Packet Pg. 1919 D.1.k The prospective lower tier participant certifies, by submission of this bid, that neither it nor its "principals" [as defined at 49 C.F.R. §29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this bid. 0 0 0 0 cv CO CD cv cv 0 U M c C .5 C LU CL CO 43 Packet Pg. 1920 D.1.k (2) Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the contractors shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The contractors, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. (3) Section 504 0 The contractors agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The c 0 Grantee shall provide the contractors with any guidelines necessary for compliance with that > portion of the regulations in force during the term of this Agreement. c (4) The Contractor also agrees to include these requirements in each subcontract financed in ~� whole or in part with Federal Assurances provided by HUD, modified only if necessary to identify cV the affected parties. cv AFFIRMATIVE ACTION co Approved Plan The contractors agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in Ch President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative 0) Action guidelines to the contractors to assist in the formulation of such program. Women and Minority Owned Businesses The contractors will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the y performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The contractors may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Notifications The contractors will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractors commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. Subcontract Provisions 44 Packet Pg. 1921 D.1.k The contractors will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own contractors or subcontractors. r_ COPELAND "ANTI-KICKBACK" 40 U.S.C. § 276c (1999), 29 C.F.R. § 3 (1999), 29 C.F.R. § 5 (1999) The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract, specifically Davis Bacon Act. CONTRACT WORK HOURS AND SAFETY STANDARDS 40 U.S.C. §§ 327 -333 (1999), 29 C.F.R. § 5 (1999), 29 C.F.R. § 1926 (1998) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours c 0 worked in excess of forty hours in such workweek. > Violation; liability for unpaid wages; liquidated damages- In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable ~� to the United States for liquidated damages. Such liquidated damages shall be computed with cV respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of$10 for each calendar cv day on which such individual was required or permitted to work in excess of the standard co workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 0 Withholding for unpaid wages and liquidated damages - the State of Florida Department of economic opportunity shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted ru contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of T such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, 45 Packet Pg. 1922 D.1.k deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 0 0 The Remainder of this Page Intentionally Left Blank 0 cv CD cv cv CD CO U M c C .5 CL 46 Packet Pg. 1923 D.1.k IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0 By: By: Deputy Clerk Mayor/Chairman 0 Date: 2 0 CONTRACTOR By: Title: c STATE OF: 2 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online cv notarization, on this day of 2020 (date) by co CD (name of affiant). He/She is personally known to me or has 0 produced (type of identification) as identification. > NOTARY PUBLIC y My Commission Expires: r- END OF AGREEMENT CL 47 Packet Pg. 1924 D.1.k ATTACHMENT A SCOPE OF WORK AND PRICING All services shall comply with the U.S. Department of Housing and Urban Development (HUD) and DEO guidelines. Consultants shall submit a program methodology sufficient to accomplish, but not limited to, the requirements below: These services will be funded under the Federally-Funded Subrecipient Agreement between the County and the Florida Department of Economic Opportunity (DEO) and attached hereto as Exhibit "A" and the State of Florida Action Plan for Disaster Recovery. The CONTRACTOR is bound by the terms and conditions of the County's Subrecipient Agreement with DEO. 0 The CONTRACTOR is required to be familiar with and shall be responsible for complying with all 2 federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the environment The CONTRACTOR agrees to provide reports or information to the County as needed to comply c with the County's obligation to submit reports to DEO on the progress of the work under this Agreement. The County for will issue Task Orders for Environmental and Historical Review Services in accordance with the implementation of the CDBG-DR VHBP. The environmental review services include the following: W cv • Assess each VHBP project site to verify the level of environment review required. n, • Conduct site visit to project location and completion of a field observation report. n, • Complete and submit the environmental review to DEO. co • Prepare, complete and submit HUD required forms for environmental review and provide all documentation to support environmental findings • Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance y • Perform special studies, additional assessments, or permitting to secure environmental clearance. These may include, but are not limited to biological assessments, wetland delineations, asbestos surveys, lead-based paint assessments, archeology studies, architectural review, Phase I and II ESAs, USACE permits. .2 • The vendor must accomplish a Categorical Exclusion, an Environmental Assessment, a y FONSI, a Phase I and/or a Phase 11 assessment as appropriate. , • Prepare responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during the public comment period • Coordination with local officials, project engineer and other members of the project team to assure appropriate level of environmental review is performed and no work is conducted Lu without authorization. CL • Prepare public notices including, but not limited to the Notice of Finding of No Significant Impact (FONSI), Request for Release of Funds flood plain/wetland early and final notices in required order and sequence • Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43 • Process environmental review and clearance in accordance with NEPA • Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required 48 Packet Pg. 1925 D.1.k • Prepare and submit monthly status report in a format that is mutually agreed upon by the Contractor and the County. • Participate in regularly scheduled progress meetings with Monroe County staff as required. The historic review services include the following: • Historical preservation reviews under Sec. 106 of the National Historic Preservation Act of 1966 (54 U.S.C. Section 306108) following the required Professional Qualification E Standards as set forth in 36 CFR Part 61. 2 • Perform site visits and conduct all necessary required inspections; • Evaluate and submit report of findings for the Historical Review • Prepare all necessary compliance reports and forms for quality control; U • Participate in meetings and/or conference calls to discuss project(s) and the Historical Review and propose/coordinate strategies for resolving issues; • Expedite procedures required by the Department of Housing and Urban Development (HUD) for specific Community Development Block Grant for Disaster Recovery programs. • Gather all necessary data to conduct an historic review in compliance with federal, state, c and local rules, regulations and requirements including online research, site visits, historic preservation office data • Delineate area of potential impacts, identify affected parties, provide recommendation for treatment and mitigation 2 • Collect and enter historical review data into project data management system • Review the documents for completeness and evaluate the level of review which may be -- required for each project • Prepare maps for use in consultation and site inspection cv • Coordinate with all internal and external stakeholders as required • Conduct archaeological studies and architectural surveys if required CO CD • Inspect the site and immediate vicinity to collect needed information not accessible in a desktop review 0 U c T C 2 .5 CL 49 Packet Pg. 1926 D.1.k c 0 EXHIBIT A DEO SUBRECIPIENT AGREEMENT WITH MONROE COUNTY c 0 [This page intentionally left blank, with agreement to follow.] 0 N CD N co u c c 2 CL 50 Packet Pg. 1927 D.1.k C 0 EXHIBIT B Links to 2 CFR PART 200 0 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards https://www.govinfo.gov/content/pkg C -2014-title2-volt/xml/C -2014-title2-volt-part200.xmi https://www.ecfr.gov/c bin/text c 0. idx?S1 D=5b9d60b832dOc155f2a8e5b96d8a6e9f me=true&node=pt2.1.200 rgn=div5 se2.1.200 134 -- cv CO CD cv cv 0 U M c T r— .5 CL CO 51 Packet Pg. 1928 D.1.k EXHIBIT C 2 CFR Part 200 Overview for Grantees Grants Management &Oversight Division/Office of Strategic Planning and Management r_ KEY DEFINITIONS Definitions were revised and broadened to cover all the requirements and the categories of a assistance. • Cognizant Agency. Generally, the cognizant agency is the Federal agency with the largest dollar value of total Federal 0 awards with a governmental unit or nonprofit entity. (See 2 CFR 200.19). The cognizant agency is the lead agency that a non-Federal entity deals with on issues. For example, the lead agency for some HUD recipients for indirect cost rates may be HHS if HHS provides the most funding to c the recipient. (See also the explanation under §200.108. Inquiries). The cognizant agency for audit is the Federal agency designated to carry out the responsibilities for audit. (See 2 CFR 200.18.) 0 • Contractor. (New) Contractor is used rather than the term "vendor," which was used in OMB Circular A- 133. (New) Contractor means an entity that receives a contract. (See 2 CFR 200.23) This definition is revised, as the new definition looks at the nature of the relationship, rather than what n' the document/agreement is called (2 CFR 200.22.) (See also 2 CFR 200.330. Subrecipient and co contractor determinations. ) • Federal financial assistance. This section essentially incorporates the requirements in the previous OMB circular for the administrative requirements, cost principles, and audit requirements. (See 200.40) • Federal award. Federal award, depending on the context, can mean either (a) the Federal financial assistance, or (b) the document that provides the assistance, e.g. the grant, cooperative agreement or cost reimbursement contract. (See 2 CFR 200.38) c T • Fixed Amount Award. (New) In this type of award, the Federal Agency or pass through entity provides a specific level of support without regard to actual costs incurred. Accountability is based primarily on performance and results. (See 2 CFR 200.45.) LU • Micro-Purchase. (New) CL This is a new category of supplies or services which uses simplified acquisition procedures that can be used by non-Federal entities. The micro-purchase threshold (floor) is set by the Federal > Acquisition Regulation. (See 48 CFR 2.101) At the present time, it is generally $3,000. The threshold is periodically adjusted for inflation. (See 2 CFR 200.67) • Non-Federal entity. (New) Non-Federal entity means a state, local government, Indian tribe, institution of higher education (I HE), or nonprofit organization that carries out a Federal award as a recipient 52 Packet Pg. 1929 D.1.k or subrecipient. This is the term that is used in the regulation instead of, for example, grantee. (See 2 CFR 200.69) State no longer includes Indian tribe. (See 2 CFR 200.90) E r_ Local governments, which are specifically defined, include public housing authorities. (See 2 CFR 200.64) 0 • Pass- Through Entity. Pass-through entity means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. This could include a state, which could "pass funding through" to a county or local government, or nonprofit. (See 2 CFR 200.74) 0 • Subrecipient. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program. This definition is revised from the circulars. (See 2 CFR 200.93) P HUD IMPLEMENTATION. < HUD is required to implement 2 CFR 200 unless different provisions are required by Federal statute, are in a conforming regulation, or are otherwise approved by OMB. (See sections 2 CFR . 2 CFR 200.106.) ' cv co CD For Federal awards under 2 CFR 200 all administrative requirements, program manuals, handbooks and other non-regulatory materials that are inconsistent with the uniform requirements must be superseded except to the extent they are required by statute or authorized by OMB. (See 2 CFR 200.105.) This means that handbooks and other guidance that are inconsistent with 2 CFR 200 would need to be revised for the changes in the rule. Federal agencies categorize Federal financial assistance as, for example, grants or cooperative agreements, and this information will appear as the actual document. (See 2 C 200.101) EFFECTIVE DATES. y The requirements in 2 CFR 200 are phased in for specific requirements in various stages as follows: (See 2 CFR 200.110.) Grant Aareements: Many HUD grant agreements are written to be governed by the regulations in effect as of the date the agreement was signed. LU Grants/Cooperative Agreements awarded before December 26, 2014 (the date the 2 CFR 200 CL rules became effective) and not modified on or after that date, are governed by 24 CFR Part 84- Uniform Administrative Requirements for Grants and Agreements with Institutions for Higher Education, Hospitals, and other Nonprofit organizations or24 CFR Part 85—Administrative °® 53 Packet Pg. 1930 D.1.k Requirements for Grants and Cooperative Agreements to State, Local and Indian Tribal Governments, effective in December 2013. For example, some grant agreements may contain the following language: "This Agreement will be governed and controlled by the following, in effect as of the date of the Agreement. The Act, the NOFA, and HUD regulations, laws and policies incorporated into the NOFA. In this case, an agreement signed November 1,2013,would be governed by the regulations in effect in November, 2013. 0 Where the terms of a HUD award made prior to December 26, 2014, state that the award will be 2 subject to regulations as may be amended, the Federal award shall be subject to 2 CFR Part 200. For example, the agreement might say: "This Agreement will be governed and controlled by the following: the Act, the NOFA, and HUD regulations, and policies incorporated into the NOFA as may be amended." Procurement: For the procurement standards in the new rule, non-Federal entities may continue to comply with c 0 the procurement standards in previous OMB guidance for one additional fiscal year after 2014. > 2 0. If a non-Federal entity chooses to use the previous procurement standards for an additional fiscal year before adopting the procurement standards in this part, the non-Federal entity must document this decision in their internal procurement policies. cV cv Example: A non-Federal entity whose fiscal year ends June 30, 2015, can operate under either the n, "old" or "new" standards for the fiscal year beginning July 1, 2015 and ending June 30, 2016. co Example: That non-Federal entity will be required to comply with the 2 CFR 200 procurement standards for the fiscal year starting July 1, 2016 and ending June 30, 2017. U Audit. Audit Requirements will apply to audits of fiscal years beginning on or after December 26, 2014. Example: A non-Federal entity whose fiscal year ends June 30, 2015, is subject to the"new" audit standards for their fiscal year beginning July 1, 2015 and ending June 30, 2016. .2 c POST AWARD REQUIREMENTS AND ADMINISTRATION T) Performance Measurement. This section provides stronger guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non-Federal entities to improve program outcomes, share lessons learned, and spread the adoption of promising practices. (See 2 CFR 2 200.301.) .5 • Federal awarding agencies must require recipients to use OMB-approved LU CL standard government-wide information collections to provide financial and ca performance information. 54 Packet Pg. 1931 D.1.k • Recipients must be required to relate financial data to performance accomplishments, and must also provide cost information to demonstrate cost effective practices. Internal Controls. E This section provides that for Federal awards Non-Federal entities must include certain tasks in their administration of the assistance. It was moved from OMB Circular A-133. (See 2 CFR 200.303.) a 1. Establish and maintain effective internal controls- no expectation that they document compliance with the internal control documents (GAO green book, compliance supplement, etc.) 2. Comply with Federal statutes, regulations, &terms and conditions 3. Evaluate and monitor compliance 4. Take prompt action on audit findings 5. Safeguard protected personally identifiable information (See 2 CFR 200.82) 0 Payments to States and Non Federal Entities. (New in part) Payments to States are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements codified at 31 CFR Part 205. Coverage largely replicates existing payment coverage from OMB Circular A-110. (See 2 C 200.305.) W • As a new measure, the rule extends to non-Federal entities previously covered by OMB Circular A-102 the existing flexibility in OMB Circular A-110 to pay additional interest earned on Federal funds annually, rather than "promptly" to each Federal awarding agency. (NEW) • Interest amounts up to $500 per year may be retained by the non-federal entity for administrative expenses. (NEW) Cost Sharing or Matching. This section clarifies policies on voluntary committed cost sharing. • Stipulates that voluntary committed cost sharing is not expected under Federal research proposals and cannot be used as a factor during the merit review of the proposal. Cost .2 sharing may only be considered when required by regulation and transparent in the y notice of funding opportunity. (See 2 CFR 200.306(a)) Only mandatory cost sharing or cost sharing included on the project budget must be included in the organized research base for computing the indirect cost rate or reflected in the allocation of indirect costs. r_ • For all Federal awards, any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, must be accepted as part of the non- Federal entity's cost sharing or matching when such contributions meet all of the LU CL following criteria: (1) Are verifiable from the non-Federal entity's records; (2) are not included as contributions for any other Federal award; (3)Are necessary and reasonable for accomplishment of project or program objectives; (4) Are allowable under Subpart E—Cost Principles (5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that 55 Packet Pg. 1932 D.1.k Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; (6) Are provided for in the approved budget when required by the Federal awarding agency; and (7) Conform to other provisions of this part, as applicable. r_ • OMB Memorandum 01-06, Clarification of OMB A-21 Treatment of Voluntary .22 Uncommitted Cost Sharing and Tuition Remission costs continues to apply. See: a http:!lwww.whitehouse.govlomblmemoranda m01-06 • Valuation of cost sharing remains largely unchanged from OMB Circular A-110. Period of Performance 0 • Non-federal entities may charge to Federal awards only allowable costs incurred during the period of performance and any costs incurred before the Federal awarding agency or pass-through entity made the Federal award that were authorized by the Federal awarding > agency or pass through entity. (See 2 CFR 200.309.) c • Federal awarding agencies may authorize no-cost extensions of the period of performance (See also 200.308, Revision of budget and program plans.) cv Coverage in Property Standards. (New in part). n' • Property standards are largely derived from existing coverage. (Sections 200.310- co 200.316) CD • The property standards are consistent with existing coverage. Equipment is new. 2 CFR 200.311 • States must use, manage, and dispose of equipment acquired under a Federal award c in accordance with state laws and procedures. (Not new) • Other non-Federal entities must follow the requirements specified. (NEW) Supplies. The definition of supplies in existing guidance includes all tangible personal property that fall below the threshold for equipment. (See 2 CFR 200.314) Since, as technology improves, computing devices (inclusive of accessories) increasingly fall below this threshold, (currently T $3,500) the guidance makes explicit that when they do, they shall be treated consistently with all other items below this level. (NEW) See Definition of"Supplies" (See 2 CFR 200.94) Intanaible Property. The Content of 200.315 is largely from OMB Circular A-110; however, the section has been reorganized for readability and clarity. (See 2 CFR 200.315.) LU PROCUREMENT STANDARDS States. States must use their own policies and procedures. (See 2 CFR 200.317) 56 Packet Pg. 1933 D.1.k Non-Federal entities. (New) All other non-Federal entities, including subrecipients of a state, must have and follow written procurement procedures that reflect the procurement standards in part 200. This section does not require the non-Federal entity to maintain a contract administration system; it's a matter of an entity's judgment as to how the non-Federal entity is going to maintain oversight of contracts and contractors. (See 2 CFR 200.318) Standards of Conduct. (New in part.) The non-Federal entity must maintain written standards of conduct. (See 2 CFR 200.318). The section contains a new requirement that extends the conflict to organizational conflicts (parent, affiliate, or subsidiary, not a state, local government or Indian tribe). (See 2 CFR c 200.318(c) 0 Procurement of unnecessary or duplicative items. This section was sought by the research institutions. It does not require a non-Federal entity to reexamine every item acquired for"unnecessary or duplicative items." (See 2 CFR 200.318(d).) Interentity aareements. (New in part.) c To foster greater economy and efficiency and to promote cost-effective use of shared services, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. This is designed to encourage shared services and goods, e.g., strategic sourcing. cv (See 2 CFR 200.318(e).) (NEW) N co CD The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property when this is feasible and when it reduces project costs. (See 2 CFR 200.318(f}). c U Methods of Procurement to be Followed. There are 5 (five) options. (See 2 CFR 200.320) This section is generally based on Circular A- 102 One of the options- micro-purchases- is NEW Micro-purchases are used for acquisition of supplies or services if the aggregate amount does not exceed the "micro-purchase threshold" (currently $3,000). (See 2 CFR 200.67.)Is set by the T Federal Acquisition Regulation at 48 CFR Subpart 2.1 Definitions. Micro-purchases may be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable. The micro-purchase threshold is adjusted for inflation on a periodic basis. E r_ c The four other procurement methods, which remain largely unchanged, are: .2 1. Small purchase procedures contracts not exceeding the Simplified Acquisition Threshold LU (currently $150,000) 2. Sealed bids (formal advertising) 3. Competitive proposals 4. Noncompetitive proposals- clarified to specify that it can be used only under certain conditions, e.g. when only one or more of the following factors apply. The documentation of this process is important. The factors to be considered include: 57 Packet Pg. 1934 D.1.k a) The item is available only from a single source; b) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; c) The Federal awarding agency(or pass-through entity) expressly authorizes this E method in response to a written request from the non-Federal entity; d) After solicitation of a number of sources, competition is determined inadequate. Non-Federal entity review by Federal awarding agency or pass-throuah entity. Upon request of the Federal awarding agency (or pass-through entity), the non-Federal entity must make available: (See 2 QFR 200.324.) • Technical Specifications. The technical specifications on proposed procurements where 0 the Federal awarding agency (or pass-through entity) believes the review is needed to ensure that the item or service specified is the one being proposed for acquisition. • Procurement Documents. Upon request of the Federal awarding agency(or pass-through c entity), the non-Federal entity must make the procurement documents (e.g., requests for proposals, invitations for bids, or independent cost estimates) available for pre- procurement review when: 1. The non-Federal entity's procurement procedures or operations fail to comply with c the procurement standards in Part 200;or 2. The procurement is expected to exceed the Simplified Acquisition Threshold -- (currently $150,000); and 3. The procurement is to be awarded without competition or only one bid/offer is cv received in response to a solicitation; or n, 4. The procurement specifies a "brand name" product; or co 5. The proposed contract is to be awarded to other than the apparent low bidder under a sealed bid procurement; or 6. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. Pre-procurement review exemption. The non-Federal entity is exempt: • If the Federal awarding agency(or pass-through entity) determines that its procurement systems comply with the standards of Part 200, or • The non-Federal entity self certifies its procurement system (but the self-certification T does not limit the Federal awarding agency's right to survey the system). Contract provisions. E Refers to Appendix II for provisions that must be included in contracts of non-Federal entities. (See 2 CFR 200.326.) `5 r_ LU CL The Appendix provides a description of each requirement. It generally gives the legal basis (regulations or statutes) of the provision) so that the non-Federal entity can determine whether the provision is applicable to a contract. PERFORMANCE AND FINANCIAL MANAGEMENT REPORTING Financial Reporting. (New in part.) 58 Packet Pg. 1935 D.1.k • Existing coverage from A-102 and A-110 on the Report of Federal Cash Transactions and the Financial Status Report has been deleted and replaced with the requirement that Federal awarding agencies only use the OMB-approved government-wide data elements for collection of financial information -- currently the Federal Financial Report. (New) E (See 2 QFR 200.327.) • Submission frequency requirements generally remain unchanged- No less frequently than annually, nor more frequently than quarterly. New language was added, however, which a permits the Federal awarding agency to require more frequent reporting where necessary for the effective monitoring of the Federal award or where monitoring could significantly affect program outcomes. (NEW) 0 MONITORING & REPORTING PROGRAM PERFORMANCE • Specifies that performance reports are subject to the Paperwork Reduction Act requirements (See 2 CFR 200.328.) c • Federal awarding agencies should utilize OMB-approved standard government-wide information collections (see also 200.206) • Submission frequency requirements remain largely unchanged • No less frequently than annually, nor more frequently than quarterly. • New language added, however, which permits more the Federal awarding agency to require more frequent reporting where necessary for the effective monitoring of the Federal award or could significantly affect program outcomes. (NEW) Reporting on Real Property. (See 2 CFR 200.329) co CD The language in this section is based on the supplementary information provided in the purpose section of the Final Notice of the Real Property Status Report (RPSR) form SF-429, available at 2 75 FR 56540, published September 16, 201.0 U SUBRECIPIENT MONITORING AND MANGAGMENT a Subrecipient and Contractor Determination. (See 2 CFR 200.330.) • Explains the roles of subrecipients and contractors so that the non-Federal entity can determine the relationship and the applicable requirements. • A non-Federal entity provides a subaward to a subrecipient for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship between the y non-Federal entity and the subrecipient. • A non-Federal entity provides a contract to a contractor for the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship E between the non-Federal entity and the contractor. • What the document is called- an agreement or a contract -does not matter; the relationship > is the basis for determining which requirements are applicable. LU CL Requirements for pass-through entities. (See 2 CFR 200.331.) • The pass-through entity must: e® 1. Put specific information in the subaward, including indirect cost rate 59 Packet Pg. 1936 D.1.k 2. Do a risk assessment to determine appropriate subrecipient monitoring AND must monitor subrecipients 3. Consider if specific subaward conditions are needed 4. Verify subrecipients have audits in accordance with Subpart F-Audit Requirements E 5. Make any necessary adjustment to the pass-through entity's records based on reviews and audits of subrecipients 6. Consider actions to address subrecipient noncompliance a 0 • When monitoring subrecipients, the pass-through entity must (200.331(d)): 1. Review reports required by the pass-through entity 2. Follow-up to ensure subrecipient takes appropriate action on all deficiencies 0 pertaining to the subaward from the pass-through entity identified through audits, on- site reviews, and other means 3. Issue a management decision for audit findings pertaining to subawards made by the c pass-through entity 4. Not new requirement—taken from A-133; on-site reviews are not required. c 0 5. The following tools may be useful, depending upon the risk assessment. No listed tool is required nor is the list of tools all inclusive. Determination on which tools to use is a matter of judgment for the pass-through entity based upon its assessment of risk. (200.331(e)) o Providing subrecipient training and technical assistance o Performing on-site reviews `V o Arranging for agreed-upon-procedures engagements under 200.425, Audit CO services [in Cost Principles] Fixed Amount Subawards. (NEW) (See 2 CFR 200.332.) • Permits a non-Federal entity to make subawards based on fixed amounts (in accordance with 200.201) not exceeding the Simplified Acquisition Threshold (currently $150,000) • The prior written approval of the Federal awarding agency is required. • The followinginformation must be identified to the subrecipient at the time of an award p and put in the subaward (and when changes are made to the subaward) (See also 2 CFR200.331(a)): o Federal award identification, e.g., unique entity identifier. o Indirect cost rate for the Federal award (including if the de minimis rate is charged T per 200.414 Indirect (F&A) costs) Requirements imposed by the pass-through entity. o Requirement to provide access to records for audit. • The pass-through entity must evaluate each subrecipient' s risk of noncompliance with E Federal statutes, regulations, and the terms and conditions of the subaward for the purpose of determining appropriate subrecipient monitoring. This is similar to the risk .5 assessment that the Federal Agency undertakes. The assessment may include LU consideration of factors such as (200.331(b)): CL o Prior experience with same or similar subawards o Results of previous audits o Whether new or substantially changed personnel or systems o Extent and results of Federal awarding agency monitoring 60 Packet Pg. 1937 D.1.k Retention requirements for records. (See 2 QFR 200.333) • Retains the record retention period of three years from the date of submission of the final expenditure report r_ • For Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report • Supplements to the listing of exceptions from standard record retention: 0 o When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, cognizant agency for indirect costs, or pass-through 2 entity; and o Records for program income transactions after the period of performance Methods for collection. transmission and storage of information. (NEW) CD In lieu of addressing the issue throughout the rule, a new section was added to clearly articulate the treatment of electronic records. (See 2 QFR 200.335) • Federal awarding agencies and the non-Federal entities should, whenever P practicable, collect, transmit, and store Federal award-related information in open and machine readable formats. -- • Federal awarding agencies or pass-through entities must always provide or accept paper versions of Federal award-related information to and from the non-Federal entity upon cv request. co • When original records are electronic and cannot be altered, there is no need to create and retain paper copies. • When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to Ch periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. > REMEDIES FOR NONCOMPLIANCE Remedies for Noncompliance are covered in Sections 200.338-200.342 • The sections are generally substantively the same as superseded circulars, with y some modifications. • The sections cover actions that may be taken by the pass-through entity, not just by the Federal awarding agency. r_ Remedies for noncompliance. .5 • Permits the Federal awarding agency (or pass-through entity) to try to remedy noncompliance through additional conditions on the Federal award (or subaward). This is new. The Federal agency can impose these requirements at any time, not just at the initiation of the award. (See 2 QFR 200.338) • Expressly references suspension and debarment proceedings and cross-references the government-wide regulation at 2 CFR Part 180 61 Packet Pg. 1938 D.1.k Termination. comprehensively addresses termination. • The Federal award may be terminated by the Federal awarding agency (or pass-through entity) in whole or in part (See 2 CFR 200.339): 1. For failure of the non-Federal entity to comply with the terms and conditions of the Federal award c 2. For cause 3. With the consent of the non-Federal entity(the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated) • The Federal award may be terminated by the non-Federal entity by sending to the Federal awarding agency (or pass-through entity) written notification setting forth the reasons for termination, the effective date, and, in the case of partial termination, the portion to be terminated. • When the Federal award is terminated, the Federal awarding agency (or pass-through entity) and the non-Federal entity remain responsible for closeout, post-closeout adjustments and c continuing responsibilities. 0 Closeout. (NEW) > This section should be clearer because the timeframes are based on "period of performance" which must be stated in the Federal award. (See 2 CFR 200.343) • Post-closeout adjustments and continuing responsibilities. The adjustment to the Federal award ~� amount based on an audit or other review after closeout must be made within the record retention cV period. (See 2 CFR 200.344.) • Collection of amounts due. The collection may happen after the record retention period. (See 2 cv CFR 200.345) co COST PRINCIPLES Classification of Costs This section is a new explanatory introductory section which does not make major changes. (See 2 CFR 200.412.) It explains that there is no universal rule for classifying certain costs as either direct or indirect .2 (F&A) under every accounting system. A cost may be direct with respect to some specific service or function, but indirect with respect to the Federal award or other final cost objective. Therefore, it is essential that each item of cost incurred for the same purpose be treated consistently in like circumstances either as a direct or 2 .c an indirect (F&A) cost in order to avoid possible double-charging of Federal awards. Guidelines for determining direct and indirect (F&A) costs charged to Federal awards are provided in subpart E. T) Cost accounting standards and disclosure statement. (NEW) This section applies to Institutions of Higher Education (IHEs) that receive aggregate Federal awards totaling more than $50 million in its most recent fiscal year. (See 2 CFR 200.419.) It requires those entities to comply with the Cost Accounting Standards Boards standards and file disclosures with the cognizant agency. It also provides mechanisms for those cognizant agencies to adjust costs, credit overpayments, and assure compliance. CL Collections of Improper Payments The costs incurred by a non-Federal entity to recover improper payments are allowable as either direct or indirect costs, as appropriate. (See 2 CFR 200.428.) Commencement and convocation costs. (NEW) For IHEs, costs incurred for commencements and convocations are unallowable, except as provided in limited circumstances detailed in Appendix III to Part 200—Indirect (F&A) Costs Identification and 62 Packet Pg. 1939 D.1.k Assignment as student activity costs. (See 2 CFR 200.429) ° Intellectual property. (NEW) This section enumerates the allowable costs related to securing and owning patents and copyrights and discusses when royalties are allowed. (See 2 CFR 200A48.) Taxes fincludina Value Added Tax). (NEW) This section provides guidance detailing when taxes are allowable expenses, including a Value Added Tax (VAT) tax. (See 2 CFR 200.470.) AUDITS Threshold for Audits An audit is required if a Non-Federal entity expends $750,000 or more during the non-Federal entity's fiscal year. The non-Federal entity must have a single or program-specific audit. This threshold IS new (formerly $500,000). (See 2 CFR 200.501) c • A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 Scope of audit except when it elects to have a program-specific audit conducted. 0. 0. • Program-specific audit election. When an auditee expends Federal awards under only one Federal S program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted. (See 2 CFR 200.507) • A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in co CD Federal awards is generally exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). Questions. a Inquiries concerning 2 CFR 200 may be directed to the Office of Federal Financial Management Office of 3 Management and Budget, in Washington, DC. (§200.108) Non-Federal entities' inquiries should be addressed to the Federal awarding agency, cognizant agency for indirect costs, cognizant or oversight agency for audit, or pass-through entity as appropriate. .2 c T • Office of Federal Financial Management: htts://www.whitehouse.gov/omb/financial fin grants expanded/ admin • HUD is the Federal awarding agency if HUD provides the financial assistance. r_ • The cognizant agency for indirect costs could be HUD, or it could be another Federal agency. .5 (See 2 CFR 200.19.) Cognizant agency for indirect costs means the Federal agency responsible LU for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals CL developed under this part on behalf of all Federal agencies. For assignments of cognizant agencies see the following: > o For Institutions of Higher Education (IHEs): Appendix III to Part 200 —Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs), paragraph C.11. Appendix III o For nonprofit organizations: Appendix IV to Part 200—Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations, paragraph C.12. Appendix IV 63 Packet Pg. 1940 D.1.k o For state and local governments: Appendix V to Part 200—State/Local Government- wide Central Service Cost Allocation Plans, paragraph F.1. Appendix V o For Indian tribes:Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposal, paragraph D.1. Appendix VII r_ • The cognizant agency for indirect cost is not necessarily the same as the cognizant agency for audit. (§200.18). The cognizant agency for audit means the Federal agency designated to carry out the audit responsibilities for the government. A non-Federal entity expending more than $50 million a year in Federal awards must have a cognizant agency for audit. The designated cognizant agency for audit must be the Federal awarding agency that provides the predominant amount of direct funding to anon-Federal entity unless OMB designates a specific cognizant agency for audit. A list 0 of cognizant agencies for audit may be found at the Federal Audit Clearinghouse (FAC) Web site: https://harvester.census.gov/facweb/default.aspx/ 0 0 2 0. 0. cv CO CD cv cv 0 U c T ° r_ .5 CL CO 64 Packet Pg. 1941 D.1.k c SECTION THREE: COUNTY FORMS AND INSURANCE FORMS 0 0 [This page intentionally left blank, with forms to follow.] 0 2 CD N CD co u c r- 2 CL 65 Packet Pg. 1942 D.1.k E fT I FINE TETRA TECH, I C . 2 To l'onroe Couryty, Flori da � 0 I he re by certify to you that I errs a d uly elected an d p ua I if?ied v erg for Vice P resid ent,Ge nerel Cou n sel en-d Secreter- cf Tetee Tech, Inc:., e Delaware corpora tio n (tlhe "Company"), an d that, as such, I am authorized to execute this Certificate on beheif ofthe ompany'. I further certi% tna � you on behalf ofthe mpaan t«at: 0 Jonathan Bur ie1, Business Unit President within the Company's Clnite c States Govern ent Division of,the Gcvvernment Services Group,, is authorized and � ern pow erect, in ecc rdance vditlh the Company's Siignature Ap,pr wa.I AuthoritV Matrix',;, es apprm,!ed by the Corn pany"s Boa rd of,D irectors,. for en can behaIf cif the Ccrnpan° ,to siign a prop propo sai in resp onse to the Monroe C unt�r's RFP for Environ ent l & Hist ricai Review Services W cv for the or°r munit�y Block Grant-Dhsaster Recovery Voluntary Home Buy Pr PTem. Further, Mr. B ur iei is authorized and e moo e ce to si rs any resulting contract and is e uthorized to bind ' 'the. Co' pares. 0 u Ind ' "ITNE,S WHEREOF, I have hereunto set m y hand es of this 31 day,of'Augurst 202 0. ` c Preston H0psr Senior Vice President, Gen era I Counsel and � Secretary 2 i'- eei) '} T77 " Lu CL A," R O u- 66 Packet Pg. 1943 D.1.k c State 0 Department of State 0 I certify ftoui the fecord3 of this office. th.m.TETRA.TECH, INC.`-is a.Delaware COip Oration aufficyrized to uansa:ct business in,the State of Florida., qualified On April 2e 1 0 The document number ofthis COipofa.tion is P 1903 4. c I further ceraif Y that said corpof ation hms paid all fee,dive this office tbxou. , Dec.emibef a 1, 020— that its most recent aimualreportimiform btfsinessre o t W Nvaa tiled tx J iv � , L� .. and that to .ata.tl:ti,is ctiYe. cV CD cv I further ceftify that said corporation hms not filed a °eftIfic.ate of Withdrawal. ' cv co u r e ar er.l of dre,err w of P ovidz u , g ,...... 2 To muthenlicate this ce .ate,usit the foH4wiqg,SfteentET this nUMbeF,.Md t follaw ffie mstruc d s di%pllayedl- U- E t�¢Fr:dPs .s +FesFsFtFtt;lmsPefiti �,m� lFcte 67 Packet Pg. 1944 D.1.k MCI MAM, NIM 1011 0 TETRA RA 11CH INC' c TAX DEPT c O f'UP41Ct ad C ir'.i lye flense de'Iacli the i e kpi bfl,'hm and ims col 1 2 COMP&LIUM111MA R vou lu n, rm;b 4yil'°shogyps about � � ��+ your �` k 1 'n'U� L . �. rt t ,. "eipt jim numfl pmyed Lo Mum a 1:1 tax P v ylpt fP g"m ����Ef��b�' t��t�l�lly, �rz'm �!'m a°1���"v .all the � �'��,?a�PGy at 40 - �N' � N Or imm, CO �i � i s N w h,VIE LOCAL BURNESS TAX R CElly' " M M499 WATIOca - , 'TRINC, Uc CATEGORY- BUSINESS (erm u r a;;Imman an aum I AM-m lWmh Fyaa"A A m r ll I ap Nei Itslaz,l op the Coy VhWrknd Kr Um Uu:t,msbM.kM i "',mr He the mWerMyrov P ma3rv.P.kla p I'isn1Nwn m g wmn W Mw a Cb lid i- .F+ Packet Pg. 1945 D.1.k r 2 CC 400 11 „ m 0 ' t �4 CL 1 Ir v, ' Lo CL O N 4 4-4 ro > ca CL L CU 69 Packet Pg. 1946 D.1.k ° LOB BYI G AND CONFLICT OF III IE E;ST CLAUSE 0 SWORH STATEM E IT UTADE.R 0 R D INIAH Ii=,:E NIO. 10-1'99 M03HROE C& f1TY, FLORID � 0 ETHICS L U,SF 0 Tetra Tpch, �n . (Company) ; arrantfi that. Iet � not enlaloed retained orotl�erii: e had aa�: on hip,l~�er behalf anfom�er c County officer or ernplo ee in 'violation of Sec on 2 of Or--dioan .e No. 010-199O or any ount. o .er or employee in 'violation of Stacti'on 3 of Or&nance No.. E,1 -199E. For breach or violation of this pr visbn the County may, in ils discretion, tefrninate this Agireeme,ni without liabililyand may also, in iita dis crerion, dedl.,i ct from th e ;k reerne n t or pl.l rchas e ph ice, or otherwise re cover. the fu Il amount' of any fee,. cornmi lion, percentage, gift, or consideration paid to the former County offs er or en�pl C�;v#ee..g" cV cv P cV U bale I ' t'Ltlre') 7. te:: LI 9U t 2 �°. ,; 2 c Da CJ STATE OF: Fi o rkaia 2 LlITF: rI'-. ................................................................................................................................................................................ Subscribed and sworn to (or a rnled) before me. Jon,at h,a n BLI,rg i ,,t,,j�q ,ins Q n lft,,Presd ent by means of 1�, physical presence or C:i online notarization on Aurclu t 5, 2020' ° (date) by Jonathan ur W, Business L nit r id nt (name of affant). He.;She is personall` � known to nee or has prodLICe : (P rs na,"Ike known). flype of identifi .ati n:) as, identification:. Lu CL � 1 Ni LIIC F ;s y commmfm My Conrni ssi n E pirei°: M"Y 1 , 2 022 N U 1 Packet Pg. 1947 D.1.k NONI-COLLUSION AFFIDAVIT � l Jonathan Burgiel cf th,e m of Maitland aiccordiinq to law on my oath; and urinder penaity ofpeour ,o depose and say that: 0 t. 1 am Busimess, Unit President ent of the firm of � Tetra Tech. Inc. the bidder nntak,in the Propcxaal for the pr je ct describedr, in the Re uest for Proposal,for M lal'TROP C Unty mind that I executed the Paid propOSa.l with fUll aUthodly to do so; � 2 2. the prices in this No have been a;rd'ved at independently WithOLK: Col'L] ion, COML.11tation„ con-mlUnicati n or agreerneint for the purpose of reutdctimq c competition:. as,to any Matter reel ating,to such prices with any other or with any mpetit.or; c 3. uinle v otherwise required by law, the prices which have been gLioted in this bko' � have- not tree.n knowingly disclosed by the bkdicler and will not knowinigil'y be P disclosed bythe U'dider, prior t.o U'dr, opening, directly r indirectly, to any other biddie r or to any corn petirtor; and W . no attempt has been made or will be made by the bidder to indUce any other 04 person, partnership or corporation to submit, or not to submit, a bids for thre CD purpose of reatriictirnq competition;;; cv . the statenieintz contained iin ftzaffidavi°t are tTue and correct, and made with full CO CD knowledge that Monroe Ccuinty relies Ripon the truth of the statement, contained � in this affidavit in a wardi ng contracts for said project_ P Signai:sire: U Date: ALI g L E� 2 STATE F: Rorid 0 COUNT OF: Ora ng ey Subscribed and sworn to (or afffin nedr)before nne by means of 1,'j phy,ical presence or r online notarization � ,yin August F 2020 (date) by d nathan Buiziel name of afna,nti. HeYShe is laer�onall kn w-,n to me of identification)as identification_. CIL NOTARY PUBLIC f _ My on r6nicr. iion Expires- May 10, 202 M" 82 71 Packet Pg. 1948 D.1.k BUG-FREE WORKPLACE FORM The undersig ned vendor in ac.cordcnc,e-with Florida Statute 237.08 hereby certitiefi that: C (Name of Business "Iw Publish a statement notifying ertnployees that the unlawful manufacture, di:stil.tut:ion, difi ensinq,, posses-iron, or use of a contrclledl substance is. ;prohibited in the workpkace Mandl specifying the actions that will be taken against employees for violations of such proM iti6n. L Inform employees about:the dangers of drug abus>e in the ' rkplac,e, the business' pciicy of m-aintaining a dug free workplaice, any tavaidable diruq counseling, rehabilitation, and 0 employee, assl.stance programs, and the penalties that may be irtnposed upon ernp;lo ees for � drug abuse viclat:ions. I Give each empl`oy°ee engaged in providing the commodities or contractual servizes that are aLLsr7der bid+a copy of the statement.specified in .subsecfion i1:i. � 4 In the ,staternent :specified in subsection (1a, notify the employees that., as a condition of c orking on the commodities or contractual services tlnat are u1nder bid, the empl byee will abide by the ternns of the statement.and will notify the employer of any conviction of, or;plea > of g.iilty or No conlenclerre to, any viokati+on of Chapter 3 (Florida Statutes) or of any P controlled! substance La%, of the United .Mates or, any state, fora violation cccu•rhinq in the wor1kplace no later,than five (Fah days rafter such conviction. 5w lmpose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if.such is available in the employee's community,or any employee whoCD ins so convicted. tV hawMake a good faith effort to continue to maintain a drug-free workplace through cV innlnlementabon of this section. Co As,the person authorized=to,sign the statement, I certify t h,at this firm complies fullty with the above requ irern ents.. c F___ &..j gn t re) " U 0> Date- Aurgui t 5. 2 20 � U STATE F: aRR4:dd COUNTY OF: Orange Su sc.dbed and sworn to (or affsrnted) before rite b means of N physical presence or s : online notarization on Aurtu t 5. 202, ate)by 4,Iona_ntton BUrgiel inane of affiantl. FlelShe is personally known to CL me or,has,prcdlu.ced= IQA_rsonalt nownj type of identi cation:) as identificatson. .:i 14FIVAM ss tr My* Connrttismsion Expires: 5r'10r2022 83 E 72 Packet Pg. 1949 D.1.k PUBLIC ENITITYCRIME STATEMENT C ' person or affik :te who has been placed" on the convicted enclor list fokwing, a convi tior7 for public, entity, crime may not SUbnAt a bid our a c ntn,�ict to provide any goods r semicees tip a public en its ,, may not submit is laid on a contract with a public e.ntlty for t:h•e con,structi n or repaiir of a p lic � buiildin , or pu lit, work, may not , u mil. bids, on Ieases, of reel property 110 ptiblilc en ity, m y not l awarded or perform work as, a contractor, s�.;upplier, SLA contractnro or CONTRACTOR. under , contract with any public entity, and' may not tra;ns,,act: bus,mess,wighany 1:1LIblic entity in excess of t:he threfiah ld an'OUnt prcMided in Secti n 287.1017, for TE R.Y T 'T � for as period, f 36 months,from 0 the date of being placed on the cor7��sled vendor Iist,-" Team Teci u ir�c. � , ; I have re m the above°e and state that neither Eesponde n iTie) nor W any Affiliate has Teen placeds on the convicted tlerr.d r Rst within the [ast 36 months. c > iit ure N CD CN at.e:: AugLlst Via, 202,0 CN CO CD STATE OF- COUNT rl�� UNTO F: 0 ra n < a Subscribed and sworn t (or aff,rr ed) before ine by meanie of l l physi al presence r l I online � notad,z-ation on Puy ga t . k3 Sate;u by Jonathan BUrgiet (name of afflant He�Shre i.s person al[y known to me or has pro .ed sty pe f idei�tif'ic tioi�u) as idei�utific��tt i� .2 �,personary known) y CL 73 Packet Pg. 1950 D.1.k Respondent's Insurance and Indeinnification Stateinent n s.0 r nce aeau i renj= Re eat.'iire-rl Limits: r- 2 Worker's Compensation Statutory Limit Employer's LiaaLiflit 1',000, 001. 1,gg a, 01. 1 om� gg General Liabflfty $5,000,000 Combdied Sin g1e Limit E 0 `ehi cl e Uiabdity $5,000.000 Comb,ined Si ng1e Li nail. per Oc.crurreunce� E,ggg,DOO Ag{gregate 0 IDE NIEICATi:Ol ; AND, HOLD HARMLESS FOR, CONTRACTORS AND SUBCON'TRACTORS c 0 The C 0 NTRAC TOR cov--mats a d agre.es to indemnify, hold hia miles%s,and -defend: Monroe Couunt , its commissioners, officers,eunnialo ees, agents and servants,from a ny and gill c.lai ms,forimdli[y injur ; iunck,iding death, personal inj iry, and property daMLage, iinc-lud ing p ro perty owned: by Monroe ount, sand any other losses. damages, and e peunfies,of a ny k iund; iunclu uding attoruney's fees,, coUrt.costs and e penfies, ,hiic.h an se out: of, in connection with, or by reason of servi,ces provided iby the CONTRACTOR. or any of its S ubcentrahctortsj in any trier, occasioned by the inegli>gieeince, errors, or other wrongful a cit o r om iss}iion of the C)NTRA CTOR, iunclu ud ing its S u ullmon;trac.t ris) in an Y tier, their CO officer's, employees, sereants, or agents;:. I un the event.that t:h e corn pletio n of th e project(to in cl uuude the wo rk ofothers'! is delayed or suspended as a rep,ueu}lt of the ONT A T R.'s, failure to purchase or maintain the required insurance, the CONTRACTORshall indemnify the CounYfrom any an a,ll resulting from such ca delay. Should any c.laiinns Lie asserted against the, + UN,'TY Lvy virtue ofany, defic.iency, or ambiguity uits � in the pl aunsy and specifications, provided by the N'T A TO , the CON'TRACTOR TOR agrees and warrants that CONTRACTOR shiall hold the Courity harmless and shall ind4ei7,inif it from a,ll losses occurring, therein and srh,aalI kirt:her defend any claiunn or action on the C ount 's, beh`nlf.. The first: teen dapolilars, f 10.. 0j of remu}neraton paid to the Ct.7)NTRACTOR isconsideration for the y iinde ni€lcation provitdled for above. The extent: of liability is in no way limited to, reduced. or lessened by the inSUrance requirements, contained eifie here withiiun this, agreement. C 2 This ind?errn n if cation shall: sTMpurnnnry ive the expiration or earlier terni iunation of the Agreement. LU RE S PON:D'E NT°S STATEMENT CL I uunderstan the insurance that wills Lie mandatory if awarded the contract and MR cornpIy in fuailli °pith all the requirements. Tetra. Tech, Inc;. _:u Eespondent ��i7n re 7 74 Packet Pg. 1951 D.1.k II �' 0 u 'Tet,M 'Tech, Inc. a sub-contractor enEZI ed' NfQUI.0e COLMIN The C4 LM-7XI'ttM of ark ,ta ciate nath the below cLiza.te- �ject. C eclz one,` Ls a t aotity' ry na. , a esatennisey as leaned Lr, Seotlon,2.8 S.703. Flortda.Sta-ftutei 0 .. 0 Ls nGt as a monty'nt•urnasa enter-prize, as .Aired in SectiOla 2.8 8,703. FloridaSta:tarte:s. @ 0 yOJ finarity^husiness ent.erpri e."ttaeans any srsaH 1%siziess gone-rn as&-5,-ned in subsection 16)(see leIo •)'WICh in Orp:aniaed to ea gape in co. , ci<r.1 rrassacacaris,whic.:h is domi celled in Flori&, r TwhicTa is:at least 51-perr.ewt a ed b imnori.w persous wbo ma menfbers of an insi l ar UOLT t1s at is of:a p=,,.Jcid rda.ci.-11., eshsik. or W gender makeup or t7ariamil on in_rx!Tc Lips beem to disparate-nezrmeut dare to Ldent.1firA on CD in mmd vvah that geup Tewa zing in a Iu rrep esentabon of co=arcial emesprrses under the gW, `s coa:r° i.and -Wha=se x 2'®,esy t aid daa ly operatiom:are r.outrolle by 5;uca, persons, A esTea-pri se 'ty p ° Lly im- :h..'a tde praczce of:a pmf"nsa n_ Ovmership by,a =1 onry perms does not laarlud.e -neTsh.ip akLca is CD the resbalt of da 7-ausrer f am:a n nwity person to a r aonn person virLdLim da rel rated jz=ediate farn=i ly gzcnT if � fhe c b+° _ t tat net a:ssefi ai:�lue of d iJ mErnbers of such family soup exce-, .1 mild on.For piuposes of IJS subsection- the term®ael aie diimr:j 1 me famEv group"rs.eans one or more c2i.L'dres tinder 1 1,=ears of s ge and S parent of slic c:.hsl en or r ,e spoaase f p��est revidnn t�tie e,ho®use or J sa.p Alt. - Ca .S, 28 .�°034 ) ..S a' busus es&"means as indepeadestly o w3s,ed and,o penieed bus ines;s crosc era tha-, esaploy'. 220 � fvaVer pe-mk ent f JI-t.i e employea d than:,ropether zdr.h its of5harea..has a r;,etworth of not.more thin 5,5 r ilhos or my firm based in tlih State,llhkh eras a Sr-a°aJ..l 3115tness A Jsir ata.cn O(a)cartifkatjoa,,As applicable w ) sole prophetorshi.ps..the 5 aa71 aet wrona, requirement sb all iuci.°u e both personal .d hisin ss ina a miens:s.• u C-o tractor may refer°to F.S. ?-SS.7 3 for ca:e i n-Sonnation. 2 Contractor qa. Sub ciwent: Moxuw C awnn, s ell p} .P.. 'kj SignahiY4 g t a�tlxe 0 Pr .thine: J o nita t h a n B u�g, e l P,inte ��aaxe: Title: Business Un,,jt President Title NIB De_ ta:t eat: httL°NS:.t/osd_dAa s,niwflorida.corn/dire oriel 1_tty',` tale drip nitl-in Irwin t?TZA late: N,i i l 5, 2020 Prcaiea-Nu lie_- h ipphca.ble :. u 75 Packet Pg. 1952 D.1.k l.7E,',N-D F CIE,.TIFI ;:_ T107 _ ING RT- 7"TZED C l RAL-ITS LISTS c 0 Py G tI �i TIOU( : Environm enta 1 a n i- cfic l Review Serol ces for the C D,B G-D R V HB-P � 0 l ea aade,n,t Vea car l a e: TratraTech, Inc. 'Vec.dor FF.L 95- .1 . 51 0 0 CD City: M i t la i i dState: FL Li. : 227. 1 w °h,cneNber: 1-441-; 1 c F xaal i d a~ess: LP. ML-iu > na, f t '. ( 7 ecnon �. ?.1�a Fl l da. Statutes ]° h�hi,ts: 1� .a R. f � `` :� aa_ state ,tti�,� a ': sal for. r enteai , Lmtcr c�r,e e - g, a; c nvict for E s of see wes ����� a pt i.t at the time 0 f c0 .ti,1CTMg or .W. renewal. the c ;iny is Gir the:Scnitia ed o paames that)3oyccptt Israel! List,Cleated:p -suam try Secti 1. cv 2.1 p ;d 5. F_ajida tu.. ttes, or is eigaged Ln as Bo-Y-,0ft GIF Isra.e1. S eaztio n, 2 7.13 J. FlG ida Statiltes. alsc : i, ;hihi.t, a,c c .pa.ny f. :ua d `ng,om euh a.tti a ' sal fca`y or airtenllE LUtO cr ellel- 6 a cc;E-Utract to r goods or :ser N-.ice:s of S1.000,000 or more. -L t aye on. either the , c et- d. Compamiess -wlrh-4.ctivitias Ln s a L L s t or th e Scnit i n -ed C o m pa,ml,es IN-Ith.tr ties in- the Ira m Pe 61e� Eneaj ectG3]-L31st.s w.Iiich u xer'e created Lusuat it to s. 215. r_ . -1 tlda Sta'mtes,,or is a gazed LA '1smes's weraticrs--in Clifb :Or Syria. As the Ipe7:°sGn aautlrGllmed to si. . on., bsha1f'GIF Rea ndeaa.ty I hereby ce f- that the camp.-my uieirbified above the ,ecti n en.ti.tl.ed "Reswn6ent'Jemdw Name" i..a not Listed G� tl>e , �'�t ed ��- pa�ie mat v, orvcott Ij-raea Lijt or engaged in,as boyc n ofIsrael -and for Projects of S 1.000.001 oaJ oa-e 1s not listed on w ester the S camfinized,C otupa ie!s �,tlr Activities in S udam,List. the C7. tiMeze d Co mnanies m,ith A'ctivi tie s � Lu the.Ii-a Pea cleiuu Emezgy Sectox LE.t, or engaged:ice business opera.tiam in Calms or Syria. I iirndersta,nal,that piu-sira t to e ticrn 2' 7.13 5. Florida.SbllltleS. the :sirbir i.ssi n of a..thl. cea tacati. n mxa � sul�ject co piny to=' i,l penalties,.attm e r.'s fees, a w-c sn.I fixflae.-iinc.ea-stand that 2my c ,tl:•aact wl the County may be temmunated. at to option,of the C ai ter. if the coixrpamy is r' lUln- to ha-ve s buri;tted.a. v, fare ceatific ation or has',,been placed on,the SCIM111,111zed,Com .a rias that Boycott Israel List or e.,irgaged i3.as �bo cGtt &F Ismel. : p_a.ced on the Si . .�t ad,�"c�-mpani.e s ll°i �. ti.allies in, 'Su6ir Lilt or th.a Semi ` ed Compi es� nth act- i.tie�� e L�a'r�l?e c�lei�lE riserp-v Sector List J'beeu em.gased i.n,bm,.,iness operations � i ubaa cp,J Syn,a,. eatifi ed .1 -ha i s.air thor e t� �� c�ta.lselaaalf c�t�the aiit�c��ae �� ��aa� _ .Alithorized. i ,aliare: rN .. . a� x . CL PruntName: io Shan B u rr o-e T t1'e: a i� .a ni �'n c NGte: Tire:Lista.,re x arhab1e it the f :lluvring Depaz=enf of Mlamigeiiient Se mzes Sate: /6 Packet Pg. 1953 D.1.k CERTIFICATION REGARD ING DEBARMENT, SUSPENSION:, INEL.I IBIILl1TY AND VOLUNTARY EXCLUSION- LOWER TIED CO EFtIEE! TRANSACTIONS FOR F EDERAL,MID CONTRACTS � (Comphiancs with 2 CF,R Parts 180 and 12E0) 0 16-_ Its oenji ed that ne ther tide below icientfleo fminor its principals arse presenty si spenced:" proposed for debar-nent, > declared neligible luuntarkIy excluded,tom pardclipialion In ins gran aesion by any fede,a�i department or agency.. � NzLnte of onsu'tantoContraclor: T'etr Tech. In,c. By: JocnVh n Ea.ur=gtel Gaffe: '^�daryr�A mrt r °®' L � Ttle Business Un :Iresuiden:t, Inst uctipns fbr:ert,,fcat n Instructions for�-e:rttfcadon_Lower,7ie!-Pardc,laants: (Applkcable,a all snub contracts"purchase orders and other towe,,r tier transactions requifingpf tor HUD,appruo°al or es1irru3tSd1 W Est $Lab"CALId crr more_2 C FR Pats 180 and 12130), ae By signing and subrnitting try>s proposal" the prospect ae lower t°er>s prove on the cert:ifzation set 0"6;1 below. b. Tne,cer-flo.atorrs in trs claise -s a material represeanmion of fact �pa^r whh& re.,zri e was placed,when this tranrsaction wars entered into. If it i sate!deterrr°.,ed that the Iproso t-ve lower,tier part 6pant knowingly render.d ain erroneoijs ce:°t7cadon,in addition to otfaer reme-dies availab4 to the Federar Gc%lemment"the department or agency wit* which &is transaaor c,7ginatsd,rray pursue.aoadab=`e remedies, including suspension an6lbr dedarmerrrt. c. Tne,prospective iower t.er participant shall provce irnrrrec ate ,rotten notice is twre person tc winch tl s proposal s S�&xnli rr.at any tirne the prospe-clive lower t erF participant learns that its cenfica'ion ivas er aneou s by reason of changed circumstances, d. Tne terms "oov.ersd transaction"" °debarred," "s spended,° `Ine fl ible`„part cipani,"'person," "pr.n ipal"" and CD wolunuhly exclud°ed as used -this clause".are defuned,in`?C,:FR Parma 18D and T20D. You may coniaorthe cV person to w1h,ch Otis propossA is subm tted for assistance in oblaini,,,ig a copry ofv7ose regulations. "F.rst Tier L` er =Transactions7 refers to any coverers transactor be -iteen.a grairrtee or subgrantee of Federal Bards Co and a p rtcipant�'su& as the pnrre or generaUt o7,,trarzt). 'Lower Tier Copoered Tram sactionse refers to any CD oovered vansact on urcer a F rst Tier Coverec,Transaction such as subcontra �.'F'°,.t Tuer Farticipant° re,"ersto the partcipant whc,has entered irto a covered trairs;acFcr, wrth a grantee or s.isbgrantee of,Federall fu-dss us�ioh as t'e p7 e or,�nemI cote aotori. 'owe,,r Tier Partcipant'refers awry participant who has entered r1o,,a covered transaction wlh a First Tier Pai ftc.;pant or otner Lower 7,eir Pairtac,pants such as U suiccc,rivaav,sandsupplersl, y e. Tne,prospective uow er t.erparticipant agrees by Sjbmiti;ng this p,rcpr sal that,should the proposed miered, 2 tranrsactzi7 be entered into, t shah not knowingly enter Into any lower ter veered tnansact:dn viitr a person > who is debarred suuspenxded deg tired ineligibie"orvoluntarily exciLder from paiflicipat�an in to-s cowered � tranrsaction, unless authorized by the department oragesnoy vwi& whi& this transa-tion orrginat `"" f. Tne pr. pectve��u r ter participant rurcrer agrees by submfitting this prgposa`,to-at it wi,1 include t�s clause tiled " ertf tan Regarding Debarment Svuspennsion, lneligib)iityand Vclu:itary E..cr`usian-L !Tier Covered Tranraction,"witnout modficafioc , rri al°lower tier covered tratrsact -s and to aims l-otat-onsf r to wer tier c vered tra^sact pans e : ed u ng tf e S 255 00 0 thr es'str6d. (n fie A part,cipani r:,a o iered v°ansac.t krs may rely turp n a oertfi ion of`a prospective parujcrparrt in a lower lieu cajerec ansacton that is rot debarred suspended, n4iglble crr, lunM7-i,yex tided fmm he covered transaanon, unless it knows that the ce,,V;zation is erroneous. A partoip.ant ,s res ons,ae forensurng that its � principals are not susprnde+d,derarred" or otne7ewise ineligible to particile in covered transactions. T verify the eligibility of its princgz als,. is wee as the eligibility of any lower ter prospe�i%@e participants.earn partic;siar;t may,but snot required to, check:the Ex-Juded Parties List System Viet-'site fhttps:b,`, vw.epls. W),w ,>. h is comp:",e`h-y theGeneral Services, arni, rstrat r > h. h oftr c nta^ed in tyre foregoing shall'vim c-onstrued to mq[L.re establish rent of a system of rec rds in order 'to render in good falhthe certi`ioaticn required,by this dause.The k-,,7o% ec e and in=ormaulion or°parlicipant CL is not eqJ,ired to exceed t*rat wh ch s normally pcssessec<by a p,r udert person n ,,e crc na:ny course cf business dealings. i. Except for tran°saclicn°s a.;thcrited iurder paragraph e of these in°stnxtions, f a par-taor,pant in a covered, > transaactwon kno singly enters into a lower ter covered transactor with a person who is susoended,dertharred inelig es, or voluntarily ex&L ded frcxqi p.a ticipat ri in th s transact on, in z d tto, to other remedies.ajaVab=e 't 'the Federal Govem ent, 12'7e deparbrrent or agency ewai Witch this tear sac.t n originated may purse � avarilable rerneo includcn suspensicn andY"orce}barment. 77 Packet Pg. 1954 D.1.k ERTIIFICATII FBI FOR DISCLOSURE OF LOBBYING ACTII 'IITIIE N FEDERAL-AID CONTRACTS (Cori hiance with 49,,CFR, Section 2D.1'L ( )) � C The res . tie partici arit cer.ifies, by signing this certif carion, ~:hat oo,the best of his or her n,7&le ge and beliief; (1) No f4denral appropriated appropdated funds hanae been paid or wiil be pall by cw on behalf`cf the u ndersignad, to 0 any person for,influencing or attem(ping to influence an officer or employee of any federal agency, a � klember of Congress, an officer cferr pko ee of Congress, or an employee cfa Vember of' on Tess in connection whh, the awarding of any federal contract, 'the making of any federal grant, the making of any federaI Goan, the entering inilo of any cooperative a reenmenr ,aria the extension, cominuation, refine- al, � aria •ndmerrt , or,modification of any federal contract, gwant, ban, or cooperative agreement. 0 (2) If any furls-other?ha n federal appropriated funds have been paid'or will be pa id'to and person, fair � influencing or attemptin to influence an officer or employee of any fe era€a enc , a Member of 0 on re.s,s., an officer or,e.mp'o ee o^ on r,e.ss, or are employee ofa klernber of on ress in connection -with this federal contract, grant, loan.„ or cooperatiwe agreement, the undersigned shall complete and > subrnfit Sundarb P Fc , .-LLL, 'Disclosure of Lobbying Activiries", in accordance w h its instructions- This ce-ification is a material representation of faot upon which reliance was placed ,when F,his transacdon, was made or entered into. Submission of this certification is a prerequisite for making or entering, into this transacJon imposed by.Section 1 5 , title 3 1', L,,.E. Code. A`ny person who faiIs to file the red uiired certification shall be subject ao a civil ".nafty of not less than 1 G,000 a nd not mo e than 1'GO,C00 for C 10 CD each such failure. The rosectiwe participant also agrees b s� rivittinq his or,her proposal that he or she shall require that the language o'11 this oertification be induced in all iciwer b r subcontracts,which exceed> 1C0,010 are that all such subreci0ents shall oertify and disclose acc-rdin l . Name cf ontractcriConsulRant- Tetra Tech, Inc.. By, Jonathan Sur ieil iFnnt tame Date... Fa ust 5.,. 20, 2C, M1 Akut DebSignature Titles. Business Unit resident CL 78 Packet Pg. 1955 D.1.k Not applicable 0 DISCLOSURE LOBBYING AC TIMES 44-v `td oy coo (' Ire thri r rrTr IC,dm dce� ;kiWfv)q actevfIleSpur'suan,t rcj 31 U C i-5 034 -iXWi, reverse ter public burl ra r i f Type of r ti o n.- 2,Statusf Federal Action: � .Report Tby .!a, confract �A b6 rrap k tron 9. miller i fifing m b Prom h, mirj aw-ard a, exK illy qr n n1 0 post a*Aftl Fir MateflM Change Onl 0 loan yearguar°ter e, loan p r rrrt � date of tast re-port rrmin irm;urarvo@ �.r.m....................._ 4.e fume,and Mdress, of ReportingEntity: S. If Reporting E ntilty in N o,4 is a Subawardev, Enter �rrr � asmo E3sueawafme andr of Prime, Ttr .ra 2 ,,,,,,,.,,,Congressional Di tri Ivt n ,+,-n : Congressionai Disvict. d A r$- .Faderai DepartmerWAgency,. 7.,Federal Program NarnaMescriptiom cv CD cv I .Federal Action Nurnbor, ruarr ,Award Amount �fkevt.v rl E 0 10,a, f Lobbying Registrant b, Irnflivialullft Podomkngl Services 9 utowdur'r orb° *q mr` y tJ If 1110 r4r;t W in amm All o V) dMerent frorra k,,j tr r � f last nmna, first ra nv, A0111), v641,110ud Ul""AA IT1,.,4t MXIA Ak kF dalGm 1 mL J it, ;1 , wkaw#+-�4kx-,t*j S� `r P 'u tm a,�a ' ±m+d im @ ho 1 wJ91 Orrim ' 'T)r y : �Y terra xaa� vp ma abxt Mm 9!&m ars:+.,� ms %m,mm '.* ; ti a T ~w *tea-t ,-P,01�� r,^u .i 174� 71*-,, t P' � r 4 wt�t a,�moon Y'A iN tia"A" .maA. hum t r a"t,ta. urrd xm.ar 4: �,IF.I tray rr-m m�.h=nza M fm,Sv�uv i ,�. Tplephone No Date: ,% Cln fly tr r J f&L ma Rop n r CL U 79 Packet Pg. 1956 D.1.k CERTIFICATE OF LIABILITY INSURANCE �, -,. Th TS CERTIFICATE M ISSUED AS A MATTER OF INF 'UtM T10N C3Pa LY AND C ONAFE 140 RI b ,U THE C EFB'TIFIC)%7E WME A—66mow: � CERTIFICATE DOES WOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PCUCIES BELOW. THIt CERTIFICATE OF I S( U NCE.Wr=8 NOT CONSTITUTE A CONTRACT aETwEEH THE WM.UTAG INbU 1E ,M)e AUTHORIZED EPRESW'ATI E" ORPAI:ioUttk AND THE CISRdI#kICA HOLIOE . IMPORTANT:IF INSURED, c ItIML EELy ape I�i�ne��r bra�nl�bes�i. H wLIBIRCSGAT ON IS WA..Fla`UL su ct tea the terms and:candilaiaas of the peslacy cerlairvn palicies rear{reg6re an endursamertl:.A state-rnent � thusm'I§c�cea alm d' s not coder ngihts to 1hee certificate holder in.lieu of such..eraadarserr' s§tIzI. � � n•e vUcrn r,hsrm aim a t 1: i[ s 'Urr ., ,4v4 taxa"„ ➢� ' S✓ ��'L !€-R § S `, gg'r RFP k 3 G n� .E+ 6.4.4 T n r.14,T e., t ,pf 1 s.P � ti k d ............. ,..,..,..,.., ..,..,..,..,. 1 Y,�`�.:..,"' ,..,..,..,.., ,..,..,..,.., ..,..,. C� U1sIrY ti oc"t"I ""u'd 0 F.r_"lr�L'-_t !+a"�t..�Sie.n�. C.r� tlPY§S.:RI`- 1r9�.11V�wrY�•V: _�"�'�Le"nia`:�` i - ...a'.'Y. Tc h. [x" p Zursd' .fire's i,.,RCS .dt ai .1 •$Laeq A-`w ',r 9W C" In„ .Yfia,t a^.�➢GY s.Yp:.o'YYE VAS ul Li`�rtn>u :fir MI Y Jo- iaNA. CD C:CcvE-RAGE9 CERWICATC N UMUE—F: REVISION KP CFR: 7 II xi' tIlitil'NI4.� llt La € IIPI , °u L IST[55I. 7VIIT l LLTH x0[11 s i I ;t�l,.�^1 sT#Yt.,rUa�;'kl i �Rt t�LF"ii4,"YE"('fl4L} 410,CATFC, TERM, C L"N,DIV1 al# Y�1 VY *NTR T R 0 T'r-E R 002UM E fxI'Al I H P E C T T 0-FIILHTHIS cCf'a"trIC;-. L raAY'L§L.i,�,.a4s,U Cif Maq t�r.�li�Y`r<iiNS;. Ti L IN,LQ'At4,.0 '>�r;z�NN..bL,?t)� ia9. 'LY[.�Y°4l�w LPL-T.';+,UL.L,-L�t.IH 3a 0".q?,lL�� ItT�,..v ftla Trt.!C:�.x° 0 EXCLUSIONS A NID,S`C:W:)TFZAS OF SUCt4i�Lh,.li-3 CIMI1_5-'Ore,Thl ThAYHA E B;_,EARECA1CFED SY PfAD CLALWH' IrrvVo N mlviwv, arae a,.,requoviiiid ,so- 6filf .rami Imt :,rl Yuan'°i�° „YiraGtte ova l�` !� tee: F � f%_I4lA�dRw...Rd_;„^"p>cC:Ea�I.62;�d I,'9' 1,,.1 ,� � �J� ea ass•r• ?,a.".f't a4.. •n c,:,, r... a.�r 3.,i_,F.,4'.: _ as C44 sC r .. .x ..eri: ,.... - ut is is•'; IJg. ,y•,. �A k e 'C Ux. sue 'I co I-e ]01WCE. <_3. 11 IJ.'s'L. Lam! r:Li ! .} r� `a,.,,i..l 01,rl €. r ,y .. cu T n0, - .E+ d=9 N 4a ici - 8 .✓ V ` t'A44L'7HLm7.A.L7=, .a - , ,.._uri Ili,,1. ,,."� ^.k`I I.[,4;21 3 i .y.+. i t 1' ,;.ft F:°y.. i.II .§!'S;. ch w..,�ate c.4. .� 6 i..... C°err"t.�LIAM ;::L A''.- A .? Va.1A;'I I F R r6 rXIV Y nEG.!ar i wx,; tL is -t I$?. 1.7 W. ;idY I11 $; S J Pow ,. rRv .ri lr l `.`7=! rv._Yi.<,,.I}$ u 6y C J, .'il 0 C �:&n¢ G r�^:i"3 u i+ € r x€ i i & 9 t Y a § ,,:; Y w ,nw ,nw ,nw 7 ,d =c'k �TT'k 1 'S.�r -•€Y� !<iY ! , hsa r .,, I o rl aaa� a saP�'. ,.ggst,a,r.e S�.e.J.,._,,J.t r�widi i"i", t' S1'[-.wt,g.ef•3`8t'tl+,fE5=�"NdA�'o49J`�s.«��6T EaSar.rt��@W'h'eanl➢a'd�x§�° �,S'i�Jd e�rF�4:Wa�mx-w<5"mo.l®mi9x�dP$ia Ewa lZP dJ re,�x='e,<&-o-t i~usl .F+ r- 0 Sm Lu CERTFIFICATE HGL: FC wAl CIE.I.L.ATtON CL E&-Ln &F x r• T'C t ?r oz HM nu5r Gr5C UACM-LEM, MrOME ThE •> $®=i;r vs;° t c,ai r x:a-:iP @ sa p sr?h 9 v p L ,"PE"twil P011UP iMLL M. 83 Y-FUwa:a III NZCO«}.-.E-.X 0111 'IL LIB S tC,Rdtlfj-2E16=ACO CL1RP0vR iTIQk Ail rights raameov � SAC 25(201ir,-1:3) The AC.ORD ramu and iopo ane•regiastarad nwalrks aC'A GRID U 80 Packet Pg. 1957