4th Modification 04/04/2016 DE
Rick Scott Cissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT/
ECONOMIC OPPORTUNITY
April 22, 2016
The Honorable Heather Carruthers
Mayor,Monroe County
9805 Overseas Highway
Marathon, Florida 33050
RE: Modification Number: 4
Small Cities Community Development Block Grant (CDBG) Program
Contract Number: 12DB-05-11-54-01-H 15
Dear Mayor Carruthers:
Your letter requesting changes to the Activity Work Plan and the Program Budget of the above
referenced subgrant agreement has been received. Upon review of the modification documents,we
have determined that sufficient justification has been provided to approve the requested changes.
The revisions are hereby approved.
Enclosed are copies of the signed Modification to the Subgrant Agreement form and the
revised Activity Work Plan and the Program Budget. Please keep these documents with your copy of
the approved subgrant agreement.
If you have any questions,please call Charles Wyatt, Government Operations Consultant II,at
(850) 717-8409,or contact him at Charles.Wyatt@deo.myflorida.com.
Sincerely,
Paula Lemmo,Chief
Division of Community Development
RJD/cw
Enclosure
cc: Mr. Kevin Wilson,P.E.,Assistant County Administrator, Monroe County
Mr.John O'Brien,Program Manager, Monroe County
Mr. Calvin Knowles, MPA,Senior Consultant, Guardian Services Group, Inc.
Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399
866.FIA.2345 1850.245.7105 1850.921.3223 Fax
yiww.floridaiobs.org I www twitter celn/I i DEO I www.facebook com/FLDFO
An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.
. DE0 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form 5C-44
. . Modification to Subgrant Agreement April,2015
Modification Number 4 to Subgrant Agreement Between 7l16b°R Atj 7. CS
the Department of Economic Opportunity and
Monroe County
This Modification is made and entered into by and between the State of Florida, Department of
Economic Opportunity, ("the Department"),and Monroe County, ("the Recipient"), to modify DEO
Contract Number I2DB-05-11-54-01-H 15, awarded on September 30, 2011 ("the Agreement").
WHEREAS, the Department and the Recipient entered into the Agreement,pursuant to which the
Department provided a subgrant of$750,000.00 to the Recipient under the Small Cities Community
Development Block Grant ("CDBG") Program as set forth in the Agreement;
WHEREAS, the Department and the Recipient desire to modify the Agreement;
NOW,THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
Reinstate the Agreement
1. The Agreement is hereby reinstated as though it had not expired.
® Extend the Agreement
2. Paragraph 3,Period of Agreement is hereby revised to reflect an ending date of March 31, 2017.
® Revise the Activity Work Plan
3. Attachment I, Activity Work Plan,of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment I,which is attached hereto and incorporated herein by reference.
❑ Revise the Program Budget
4. Attachment A, Program Budget,of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment A,which is attached hereto and incorporated herein by reference.
1 73C-23.0051, FAC
DE0Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44
NGi' Modification to Subgrant Agreement April,2015
Modification Number: 4
DEO Contract Number: 12DB-05-I1-54-01-H 15
Recipient: Monroe County
Page 2
❑ Change the Participating Parties
5. "(Type in the name,if applicable.),"is removed as a Participating Party to this agreement.
G. "(Type in the name,if applicable.)" is added as a Participating Party to this agreement. A copy of
the new Participating Party Agreement,containing provisions and caveats that meet or exceed the
conditions agreed to in the original Participating Party Agreement,is attached.
❑ Include an Unmet Need as Addressed in the Original Application
7. Attachment A, Program Budget, of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment A,which is attached hereto and incorporated herein by reference.
8. Attachment , Activity Work Plan,of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment ,which is attached hereto and incorporated herein by reference.
9. A revised Project Narrative, Form G-2 from Part II of the approved CDBG Application Form,
which shows the unmet need from the original application that is being included in the Subgrant
Agreement listed as addressed need,is attached hereto and incorporated herein by reference.
® Change the Number of Accomplishments and/or Beneficiaries
10. Attachment A,Program Budget,of the Subgrant Agreement is hereby deleted and is replaced by
the revised Attachment A, the Program Budget,which is attached hereto and incorporated herein
by reference.
❑ Reflect the Change in Agency from DCA to DEO
11. This modification to the Subgrant Agreement hereby replaces "Department of Community
Affairs" with "Department of Economic Opportunity"where appropriate in context.
® Other:
12. Replace pages 1-13A, Exhibit 1, and Attachments B, D, F, M, and N from modification 3 with the
enclosed pages 1-13A, Exhibit 1, and Attachments B, D, F,NI,and N.
13. Exhibit 1 is renumbered page 15 and Attachment N is renumbered as pages 44 and 45.
2 73C-23.0051,FAC
• DEO Department of Economic Opportunity-Small Cities Community Development Block Grant Program Form SC-44
Modification to Subgrant Agreement April,2015
Modification Number. 4
DEO Contract Number: 12DB-05-11-54-01-H 15
Recipient: Monroe County
Page 3
A Request forAmendmenf Form SC-35,shall be included with this Modification if there is a
change to the Attachment A,Program Budget,of the Subgrant Agreement;if unmet need is being included as
addressed need; or if there is a change in the number of accomplishments or beneficiaries.
All provisions of the Subgrant Agreement and any attachments thereto in conflict with this
Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the
execution of this Modification by both parties.
All provisions not in conflict with this Modification remain in full force and effect,and are to be
performed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set
herein.
State of Florida
Department of Economic 0 rtunity Recipient: Monty
Bv,/ By:
Name: Taylor Teepell Name: Roman Gastesi
Tide: Director Tide: County Administrator, Monroe County
Division/ of Community Development
Date: '//� �,b Date: April 4, 2016
Approved as to form and legal
sufficiency,subject only to full and MONROE COUNTY ATTORNEY
proper execution by the p ROV=D AS{7c,FO�fl�:
Office of the General Cowell /`•IT`"
.-.- Exattoit •r• YNTHIA L. HALL
ASSIS 4NT COUNTY ATTORNEY
y 4 - 4 2-016
Approved��: Date
3 73C-23.0051, FAC
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7
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Contract Number: 12DB-05-11-54-01-FI 15 CFDA Number: 14.228
Rule Chapter: 73C-23,Florida Administrative Code
Effective: June 6,2010
FFY 2013 FEDERALLY-FUNDED SUBGRANT AGREEMENT
Housing Rehabilitation
THIS AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity,with
headquarters in Tallahassee,Florida(hereinafter referred to as "DEO"),and Monroe County (hereinafter referred to as
the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON'1'HE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services
identified herein;and
B. DEO has received these grant funds from the State of Florida,and has the authority to subgrant these funds to the
Recipient upon the terms and conditions below;and
C. DEO has statutory authority to disburse the funds under this Agreement.
THEREFORE,DEO and the Recipient agree to the following:
(1) Scope of Work
The Recipient shall perform the work in accordance with the Program Budget,Attachment A of this Agreement;
the Activity Work Plan,Attachment I of this Agreement;and the Florida Small Cities Community Development Block
Grant(CDBG) FFY 2010 Application for Fundingsubmitted by the Recipient on November 16,2010,including future
amendments to this Subgrant Agreement that are agreed upon by both parties.
(2) Incorporation of Laws,Rules,Regulations and Policies
The Recipient and DEO shall be governed by applicable State and Federal laws,rules and regulations,including those
identified in Attachment B and K.
Rev. 9/3/2015 1
(3) Period of Agreement
This Agreement shall begin upon execution by both Parties,and shall end on March 31,2017 unless terminated
earlier in accordance with the provisions of Paragraph (131 Termination of this Agreement.Any extension to this
Agreement will not be granted unless the Recipient is able to provide substantial justification and the DEO Community
Development Division Director approves such extension.
(4) Modification of Agreement
Either Party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be
valid only when in writing in compliance with rule 73C-23.0051(4) F.A.C. (which is incorporated herein by reference)
signed by each of the Parties and attached to the original of this Agreement.
(5) Records
(a) As applicable, the Recipient's performance under this Agreement shall be subject to Title 2,Code of
Fed4r41 Regulations (C.F.R.),part 200— Uniform Administrative Requirements. Cost Principles.and Audit
Reouiremen is for Federal Awards.
(b) Representatives of DEO,the Chief Financial Officer of the State of Florida, the Auditor General of the State
of Florida,the Florida Office of Program Policy Analysis and Government Accountability or representatives of the
Federal government and their duly authorized representatives shall have access to any of the Recipient's books,
documents,papers,and records,including electronic storage media,as they may relate to this Agreement, for the
purposes of conducting audits or examinations or making excerpts or transcriptions.
jc) The Recipient shall maintain books,records,and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by
DEO under this Agreement.
(d) The Recipient will provide a financial and compliance audit to DEO,if applicable,and ensure that all related
party transactions are disclosed to the auditor.
(e) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement,and the
compliance of all subrecipients contractors,subcontractors and consultants paid from funds under this Agreement,
for a period of six 4.years from the date DEO issues the final closeout for this award. The Recipient shall ensure
that audit working papers are available upon request for a period of six al years from the date this Agreement is final
closed, unless extended in writing by DEO. The six-year period may be extended for the following exceptions:
1. If any litigation,claim or audit is started before the six-year period expires,and extends beyond the six-
year period, the records shall be retained until all litigation,claims or audit findings involving the records have
been resolved.
2. Records for the disposition of non-expendable personal property valued at five thousand dollars ($5,000
or more at the time it is acquired shall be retained for six u years after final disposition.
3. Records relating to real property acquired shall be retained for six all years after the closing on the
transfer of fide.
Rev. 9/3/2015 2
(f) The Recipient shall maintain all records and supporting documentation for the Recipient and for all
subrecipients contractors,subcontractors and consultants to be paid from funds provided under this Agreement,
including documentation of all program costs,in a form sufficient to determine compliance with the requirements
and objectives of the Scope of Work and all other applicable laws and regulations.
(g) The Recipient,its employees or agents,including all subrecipients contractors,subcontractors and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the
Federal government and their duly authorized representatives. "Reasonable"shall ordinarily mean during normal
business hours of 8:00 a.m. to 5:00 p.m.,local time,on Monday through Friday.
jh) The Recipient shall include the aforementioned audit and record keeping requirements in all approved
subrecipient subcontracts and assignments.
(6) Audit Requirements
(a) Review the Audit Requirements listed in Attachment FI of this Agreement. For local government fiscal years
beginning after December 26,2014,a Recipient will not have to have a single or program-specific audit conducted in
accordance with the provisions of 2 C.F.R.part 200 unless it expends seven hundred fifty thousand dollars ($750,000)
or more in Federal awards during its fiscal year.
(b) The requirements listed in Attachment H,Part II: State Funded,are not applicable to this subgrant
agreement,which is a Federal pass-through award.
(c) Within sixty(60) calendar days of the close of the fiscal year,on an annual basis,the Recipient shall
electronically submit a completed Audit Compliance Certification,a blank version of which is attached hereto as
Attachment I, to audit@deo.myflorida.com. The Recipient's timely submittal of one completed Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts,grants,
memorandums of understanding,memorandums of agreement,economic incentive award agreements, etc.)between
DEO and the Recipient.
This form is in addition to the Audit Certification Memo that must be sent to DEO if an audit is not required
because the local government spent less than seven hundred fifty thousand dollars ($750,000) in Federal funds during
the fiscal year.
(d) In addition to the submission requirements listed in Attachment H, each Recipient should send an electronic
copy of its audit report or an Audit Certification Memo,Form SC-47 by June 30 following the end of each fiscal
year in which it had an open CDBG subgrant to its grant manager at the following address to ensure that it does not
incur audit penalty points:
Email: Charles Wyatt@deo.myfiorida.com
Please note that Form SC-47 and other such Forms referenced in this Agreement are incorporated herein by
reference and are available either on DEO's Small Cities CDBG Program website at
http://www.FloridaJobs.org/CDBGRecipientlnfo or upon request from the CDBG program office.
Rev. 9/3/2015 3
(7) Reports
(a) The Recipient shall provide DEO with quarterly reports and an administrative closeout report. These reports
shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing
the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other
information requested by DEO.
(b) A Quarterly Progress Report, Form SC-65,is due to DEO no later than fifteen (15) calendar days after the
end of each quarter of the program year and shall be sent each quarter until submission of the Administrative
Closeout Report. Form SC-62. The ending dates for each quarter of the program year arc March 31,June 30,
September 30 and December 31.
fd The Administrative Closeout Report.Form SC-62,is due forty-five(451 calendar days after termination of
this Agreement or forty-five (45) calendar days after completion of the activities contained in this Agreement
whichever first occurs. The subgrant agreement closeout pack must be submitted to DEO in compliance with
rule 73C-23.0051(5).F.A.C.
(d) If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO
payments may be withheld until the reports are properly completed, or DEO may take other action as stated in
Paragraph(11) Remedies or otherwise allowable by law. "Acceptable to DEO"means that the work product was
completed in accordance with the terms of this Agreement particularly the Scope of Work and all applicable law.
(e) The Recipient shall provide additional program updates or information that may be required by DEO.
(f) The Recipient shall provide additional reports and information identified in Attachment C.
(8) Monitoring
The Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors and/or
consultants who are paid from funds provided under this Agreement, to ensure that the project activities are beinv
accomplished within the specified time periods included in the Scope of Work and that other performance poals are beinv
achieved. A review shall be done for each function or activity in Attachment A to this Agreement,and reported in the
quarterly report.
In addition to reviews of audits conducted in accordance with Paragraph (6)Audit Requirement above,
monitoring procedures may include, but not be limited to,on-site visits by DEO staff,limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures and/or processes deemed
appropriateby-DEO. In the event DEO determines a limited scope audit of the Recipient is appropriate,the Recipient
agrees to comply with any additional instructions provided by DEO to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections,reviews,investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, DEO will monitor the performance and financial
management by the Recipient throughout the Agreement term to ensure timely completion of all tasks.
Rev. 9/3/2015 4
(9) Liability
(NOTE: If the Recipient is a state agency or subdivision as defined in section 768.28(2) Florida Statutes (F.S.)
pursuant to section 768.28(19) F.S. neither Party indemnifies nor insures or assumes any liability for the other Party for
the other Parry's negligence.)
fa) The Recipient is solely responsible to parties it deals with in carryingout the terms of this Agreement and
shall hold DEO harmless against all claims of whatever nature by third parties arising from the work and services
erformed under this A reement. For u o of this A cement the Reci ient a ees that it is not n em lo gee or
agent of DEO but is an independent contractor.
(b) Any recipient which is a state agency or subdivision,as defined in section 768.28,P.S.,agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO and agrees to
be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28,F.S.
Nothing herein is intended to serve as a waiver of sovereign immunity by any recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any matter arising out of any agreement, subrecipient agreement.contract,or subcontract.
f10) Events of Default
If any of the following events occur("Events of Default"),all obligations on the part of DEO to make further
payment of funds shall,if DEO elects, terminate and DEO has the option to exercise any of its remedies allowable by law
and/or set forth in Paragraph (11) Remedies,below. However,DEO may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further
payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with
DEO is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the
obligations, terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in
timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of
this Agreement,and the Recipient fails to cure this adverse change within thirty(30) calendar days from the date
written notice is sent by DEO.
(c) If any reports required by this Agreement have not been submitted to DEO or have been submitted with
incorrect,incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this
Agreement.
(114-Remedies --
If an Event of Default occurs, then DEO may upon thirty (301 calendar days written notice to the Recipient and
upon the Recipient's failure to cure within those thirty (30) calendar days,exercise any one or more of the following
remedies,either concurrently or consecutively:
(a) Terminate this Agreement,provided that the Recipient is given at least twenty-four (24)hour written notice
in conformity with Paragraph(14) Notice and Contact and including the effective date of such termination-
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
Rev. 9/3/2015 5
(d) Require that the Recipient refund to DEO any monies used for ineligible purposes under this Agreement
and/or the laws,rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the situation is not
corrected,
3. Advise the Recipient to suspend,discontinue,or refrain from incurring costs for any activities in
question,or
4. Require the Recipient to reimburse DEO for the amount of costs incurred for any items determined to
be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under law,including but not limited
to any applicable remedies within rule 73C-23.0051(6)(d) and(e) F.A.C. 24 C.F.R.part 570.and 2 C.F.R.part 200.
(g) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. If DEO waives any right or remedy in this Agreement or fails to insist on
strict performance by the Recipient,it will not affect,extend or waive any other right or remedy of DEO or affect the
later exercise of the same right or remedy by DEO for any other default by the Recipient.
(121 Dispute Resolution
Disputes concerning the performance of the Agreement shall be decided by DEO who shall reduce the decision to
writing and serve a copy on the Recipient. The decision shall be final and conclusive unless within twenty-one (21) days
from the date of receipt the Recipient files with DEO a petition for administrative hearing. DEO's decision on the
petitionetition shall be final bj t to the Recipient's riright to pursuant to h pter 120 F.S. Exhaustion of aistrative
ati
remedies is an absolute condition precedent to the Recipient's ability to pursue any other form of dispute resolution
provided however that the Parties may employ the alternative dispute resolution procedures outlined in chapter 120 F.S.
(13) Termination
(a) DEO may suspend or terminate this Agreement for cause with no less than twenty-four(24) hour written
notice including the effective date to the Recipient. Cause ran include but is not limited to the Recipient's:
improper or ineffective use of funds provided under this Agreement; fraud:lack of compliance with any applicable
rules regulations statutes executive orders.HUD guidelines policies or directives or laws: failure for any reason to
timely and/or properly perform any of the Recipient's obligations under this Agreement; submission of reports that
are incorrect or incomplete in any material respect and refusal to permit public access to any document paper letter
---- or other-material subject to disclosure under law including chapter 119 F.S. as amended.The Recipient shall not be
entitled to recover any cancellation charges or lost profits.
fb) DEO may terminate this Agreement in whole or in part.for convenience by providing the Recipient no less
than twenty-four(24) hour written notice setting forth the reasons for such termination the effective date and in the
case of partial termination the portion to be terminated. However.if in the case of partial termination DEO
determines that the remaining portion of the award will not accomplish the purpose for which the award was made
DEO may terminate the award in its entirety.The Recipient shall continue to perform an}work not terminated. The
Recipient shall not be entitled to recover any cancellation charges or lost profits.
Rey. 9/3/2015 6
(c) The Parties may agree to terminate this Agreement for their mutual convenience through a written
modification to this Agreement. The modification shall state the effective date of the termination. The procedures
for ro er closeout of the Agreement shall be followed in accordance with rule 73C-23.0051(5) N.A.C.
(d) In the event that this Agreement is terminated,the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be
disallowed. The Recipient shall not be relieved of liability to DEO because of any breach of Agreement by the
Recipient. DEO may,to the extent authorized by law,withhold payments to the Recipient for the purpose of set-off
until the exact amount of damages due DEO from the Recipient is determined.
(e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or
under this Agreement.
(14) Notice and Contact
(a) All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery,or first
class,certified mail,return receipt requested, to the representative identified below at the address set forth below or
said notification attached to the original of this Agreement.
(b) The name and address of the grant manager for this Agreement is:
Charles Wyatt Government Operations Consultant II
Florida Small Cities CDBG Program
Department of Economic Opportunity
107 East Madison Street—MSC 400
Tallahassee, Florida 32399-6508
Telephone: (850) 717-8409—Fax: (850) 922-5609
Email: CharlesAX'yatt@deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Mr.John O'Brien, Program Manager
Monroe County
1400 Kennedy Drive
Key West,Florida,33040
Telephone: (305) 296-5621 -Fax: (305) 296-1221
Email: hsijob@aol.com
(d) In the event that different representatives or addresses are designated by either party after execution of this
Agreement,notice of the name, tide and address of the new representative will be provided as stated in f141(a) above.
Rev. 9/3/2015 7
(151 Contracts
If the Recipient contracts any of the work required under this Agreement,a copy of the signed contract must be
forwarded to DEO for approval. The Recipient agrees to include the following in the contract: .1).that the contractor is
bound by the terms of this Agreement, that the contractor is bound by all applicable State and Federal laws and
regulations,3 that the contractor shall hold DEO and the Recipient 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,and dl
provisions addressing bid,payment,and performance bonds and liquidated damages. The Recipient shall document in the
quarterly report the contractor's progress in performing its work under this Agreement.
For each contract, the Recipient shall report to DEO as to whether that contractor,or any subcontractors hired by
the contractor,is a minority vendor, as defined in section 288.703,F.S.
(16) Terms and Conditions
This Agreement contains all the terms and conditions agreed upon by the Parties.
(17) Attachments
(a) All attachments to this Agreement arc incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,
the language of the attachments shall control,but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
® Exhibit 1 —Funding Sources
°phi Attachment A—Program Budget
® Attachment B—State and Federal Statutes,Regulations and Policies
❑ Attachment C—Recordkeeping(N/A)
® Attachment D—Reports
❑ Attachment E—Justification of Advance (N/A)
® Attachment F—Warranties and Representations
® Attachment G—Certification Regarding Debarment
❑ Attachment H—Statement of Assurances (N/A)
® Attachment I—Activity Work Plan
® Attachment.'—Program and Special Conditions
® Attachment K—Civil Rights Compliance Assurance
® Attachment L—eCDBG Access Authorization Form
121 Attachment b[—Audit Requirements
Z.Attachment N—Audit Compliance Certification
(18) Funding/Consideration
(a) The funding for this Agreement shall not exceed$750,000,subject to the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Scope of Work.
(c) All funds shall be requested in the manner prescribed by DEO. The authorized signatory for the Recipient
set forth on the eCDBG Access Authorization Form,Attachment r.,to this Agreement,must approve the
submission of each Request for Funds (RFFs) on behalf of the Recipient.
Rev. 9/3/2015 8
(d) Pursuant to 24 C.F.A. O 570.489(6),pre-agreement costs reflected in the Recipient's Application for
Funding as originally submitted that relate to preparation of the Application for Funding are considered eligible
costs and may be reimbursed to the Recipient,if they are otherwise in compliance with all other requirements of the
Agreement.
(e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,except for those
provided for in this Agreement or prior to the effective date of the enabling amendment wherein DEO agrees to their
eligibility, fundability-,or addition to the Agreement,or a separate letter authorizing such costs,are ineligible for
funding with CDBG funds.
If the necessary funds are not available to fund this Agreement as a result of action by the United States
Congress,the Federal Office of Management and Budgeting,the State Chief Financial Officer,or under
Subparagraph(20)(h1.Mandated Conditions of this Agreement,all obligations on the part of DEO to make any
further payment of funds shall terminate,and the Recipient shall submit its administrative closeout report and
ubsub orant agreement closeout ackage withinthirty(301 calendar days of receiving notice from DEO.
1191 Reoavments
(a) The Recipient and its contractors may only expend funding under this Agreement for allowable costs
resulting from obligations incurred during the Agreement period;however,pursuant to 24 C.F.R. § 570.489(6),
reimbursement can be requested for eligible application preparation costs that were listed in the Recipient's
Applicadon for Funding.
(b) In accordance with section 215.971, F.S., the Recipient shall refund to DEO any balance of unobligated
funds which has been advanced or paid to the Recipient.
(c) The Recipient shall refund to DEO all funds paid in excess of the amount to which the Recipient or its
contractors, subcontractors or consultants arc entitled under the terms and conditions of this Agreement.
4d) The Recipient shall repay all funds received for an activity if the activity does not meet one of the three
National Objectives listed in 24 C.F.R. § 570.483.
(e) All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of
"Department of Economic Opportunity"and mailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
107 East Madison Street—MSC 400
Tallahassee, Florida 32399-6508
In accordance with section 215.34(2),F.S.,if a check or other draft is returned to DEO for collection, the Recipient
shall pay to DEO a service fee of fifteen dollars ($15.001 or five percent(5%) of the face amount of the returned check or
draft,whichever is greater.
Rev. 9/3/2015 9
(201 Mandated Conditions
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,representations,and
materials submitted or provided by the Recipient in this Agreement,in any later submission or response to a DEO
request,or in any submission or response to fulfill the requirements of this Agreement. All of said information,
representations,and materials arc incorporated by reference. The inaccuracy of the submissions or any material
changes shall,at the option of DEO and with thirty (30)calendar days written notice to the Recipient,cause the
termination of this Agreement and the release of DEO from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising
out of this Agreement shall be in the Circuit Court of Leon County; the Parties waive any right to jury trial. If any
provision of this Agreement is in conflict with any applicable statute or rule,or is unenforceable, then that provision
shall be null and void only to the extent of the conflict or unenforceability and that provision shall be severable from
and shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the
term of this Agreement.
(d) This Agreement may be executed in any number of counterparts,any one of which may be taken as an
original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C.
§ 12101 et seq.l and the Florida Civil Rights and Fair f lousing Acts(§§ 760.01 —760.37,F.S.) which prohibit
discrimination by public and private entities on the basis of disability in employment,public accommodations,
transportation,state and local government services,and telecommunications.
ffl Pursuant to section 287.133(21(a) F.S. a person or affiliate as defined in section 287.133(1) F.S. who has
been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid
proposal or reply on a contract to provide any goods or services to a public entity:may not submit a bid proposal or
reply on a contract with a public entity for the construction or repair of a public buildinrror public work-may not
submit bids proposals or replies on leases of real property to a public entity- may not be awarded or perform work as
a contractor supplier subcontractor or consultant under a contract with any public entity:and may not transact
business with any public entity in excess of thirty-five thousand dollars ($35 000) for a period of 36 months followinv
the date of being placed on the convicted vendor list. The Recipient warrants that neither it nor any of its affiliates is
currently on the convicted vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the
convicted vendor list.
fp) Pursuant to section 287.134(2(a) F.S. an entity or affiliate as defined in section 287.134(1) who has been
placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract to provide any goods
or services to a public entity;may not submit a bid proposal or reply on a contract with a public entity for the
construction or re an ir of a public buildigg,nr pubhc work:may not submit bids. ro osals.or replies on leases of real
property to a public entity:may not be awarded or perform work as a contractor supplier subcontractor or
consultant under a contract with any public entity- and may not transact business with any public entity. The
Recipient warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Recipient
shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
Rev. 9/3/2015 10
(h) Any recipient which is not a local government or state agency, and which receives funds under this
Agreement from the Federal government,certifies, to the best of its knowledge and belief,that it and its principals:
1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by a Federal department or agency;
2. Flave not,within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public (Federal,State or local) transaction or contract under public
transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery,
bribery, falsification or destruction of records,making false statements,or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(Federal,
State or local)with commission of any offenses enumerated in Suboaragraoh(20)(h)2.,Mandated
Conditions of this Agreement;and
4. Have not within a five (5) year period preceding this Agreement had one or more public transactions
(Federal,State or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an
explanation to this Agreement.
In addition, the Recipient shall send a completed Form SC-37, Certification Regarding Debarment
Suspension,And Other Responsibility Matters—Primary Covered Transactions,to DEO for each contractor
that the Recipient plans to hire under this Agreement. The form must be received by DEO before the Recipient
enters into a contract with the respective contractor.
(i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature,and subject to any modification in accordance with chapter 216 P.S.,or the Florida
Constitution.
(j) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
(k) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061, F.S.,the
rules promulgated thereunder.and 2 C.F.R. § 200.474.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,any interest
income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount.
(m) The Recipient is subject to Florida's Government in the Sunshine Law(section 286.011,F.S.) with respect to
the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to
the governing board. All of these meetings shall be publicly noticed,open to the public,and the minutes of all the
meetings shall be public records,available to the public in accordance with chapter 119 F.S.
f211 Lobbying Prohibition
(a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to
influence legislation or any other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies,by its signature to this Agreement, that:
Rev. 9/3/2015 11
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient, to any
person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,
an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any
cooperative agreement,and the extension,continuation,renewal,amendment or modification of any Federal
contract,grant,loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,
loan or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL,"Disclosure Form
to Report Lobbying," in accordance with its instructions:and
3. The Recipient shall require that this certification be included in the award documents for all subawards at
all tiers (including subcontracts subgrants and contracts under grants loans, and cooperative agreements) and
that all subrecipients shall certify and disclose as described in Subparagraphs (21)(b)l.and 2..Lobbying
Prohibition above.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than ten thousand dollars (1110,000) and not more than one hundred thousand dollars
1($i00;000) for each such failure.
122) Copyright.Patent and Trademark
Any and all Patent Rights accruing under or in connection with the performance of this agreement are
hereby reserved to the State of Florida. Any and all Copyrights accruing under or in connection with the
performance of this agreement are hereby transferred by the Recipient to the State of Florida.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to
that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services performed under
this Agreement,or in any way connected with it, the Recipient shall refer the discovery or invention to DEO for a
determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under
or in connection with the performance of this Agreement are reserved ro the State of Florida. If any books,manuals,
films,or other copyrightable material are produced, the Recipient shall notify DEO. Any copyrights accruing under
or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. DEO shall then,under
Subparagraph f221lb). Cot221/b). Copyright Patent and Trademark have the right to all patents and copyrights which
accrue during performance of the Agreement.
Rev.9/3/2015 12
(23) Legal Authorization
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing
body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned
person has the authority to legally execute and bind the Recipient to the terms of this Agreement. DEO may, at its
discretion quest documentation evid i g the undersigneders. has authority to bind the Recipient to this A ment as of
the date of execution;any such documentation is incorporated herein by reference. The Recipient warrants that to the
best of its knowledge there is no pending or threatened action proceeding investigation or any other legal or financial
condition that would in any way prohibit restrain or diminish the Recipient's ability to satisfy its Agreement obligations.
The Recipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the
term of the Agreement.
(24) Public Record Responsibilities
The Recipient shall allow public access to all records made or received by the Reci ient in conjunction with
this Agreement unless the records are exempt from Section 24(al of Article I of the State Constitution and section
I19.07(1) F.S. For records made or received by the Recipient in conjunction with this Agreement the Recipient shall
respond to requests to inspect or copy such records in accordance with chapter 119 ES. For all such requests for
records that are public records as public records are defined in section 119.011 F.S. the Recipient shall be
responsible for providing such public records per the cost structure provided in Chapter 119 F.S. and in accordance
with all other requirements of chapter 119 F.S. or as otherwise provided by law.
161 In addition to the Recipient's responsibility to directly respond to each request it receives for records made or
received by the Recipient in conjunction with this Agreement and to provide the applicable public records in response
to such request the Recipient shall notify DEO of the receipt and content of such request by sending_an e-mail to
PRRegpest[a3deo.myflorida.com within one(11 business day from receipt of such request.
jcY The Recipient shall notify DEO verbally within twenty-four(241 chronological hours and in writing within
seventy-two(72 chronological hours if any data in the Recipient's possession related to this Agreement is
subpoenaed or imopoperly used, copied or removed(except in the ordinary course of business) by anyone except an
authorized representative of DEO. '1l e Recipient shall cooperate with DEO in taking all steps as DEO deems
advisable to prevent misuse,regain possession,and/or otherwise protect the State's rights and the data subject's
privacy.
(d) This Agreement may be terminated by DEO for refusal by the Recipient to comply with Florida's public
records laws or to allow public access to any non-exempt public record made or received by the Recipient in
conjunction with this Agreement.
(25) Employment Eligibility Verification
(a) Executive Order 11-116,signed May 27, 2011, by the Governor of Florida,requires DEO contracts in excess
of nominal value to expressly require the Recipient to:
1. Utilize the U.S. Department of I lomeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Recipient during the Agreement term;and,
2. Include in all contracts under this Agreement, the requirement that contractors. subcontractors,
consultants and subrecipients performing work or providing services pursuant to this Agreement use the E-Verity
system to verify the employment eligibility of all new employees hired by the contractors, subcontractors,
consultants and subrecipients during the term of the contract.
(b) E-Verify is an Internet-based system that allows an employer,using information reported on an employee's
Form 1-9,Employment Eligibility Verification,to determine the eligibility of all new employees hired to work in the
United States after the effective date of the required Memorandum of Understanding(MOU);the responsibilities and
elections of Federal contractors,however,may vary,as stated in Article 11.D.1.c.of the MOIL There is no charge to
employers to use E-Verify. the Department of Homeland Security's E-Verify system can be found at:
Rev. 9/3/2015 13
h[ro //www.uscis.gov/e-verify
(c) If the Recipient does not have an E-Verify b[OU in effect, the Recipient must enroll in the
E;Verify system prior to hiring any new employee after the effective date of this Agreement.
(261 Program Income
Reci ient shall re ort to DEO all Peram income (as defined by 73C-23 0031(4333 F A C and 24 C.F.R. 70 489(
generated by activities carried out with CDBG funds made available under this Agreement as pan of the Recipient's
Ouarter[y Progress Report.Form SC-65 required under Paragraph(7) Reports of this Agreement. Recipient's use of
program income shall comply with the applicable requirements of 24 C.F.R. part 570 sections 290.046-290.048. F.S. and
73C-23.0051 F.A.C. and the terms of this Agreement. Program income generated after closeout shall be returned to
DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund
additional units of CDBG activities specified in a modification to this Agreement and duly executed prior to
administrative closeout.
4271 Independent Contractor
[n Recipient's performance of its duties and responsibilities under this Agreement.it is mutually understood and
agreed that Recipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is
intended to or shall be deemed to constitute an employer/employee relationship partnership or joint venture between the
Parties. The Recipient shall at all times remain an independent contractor with respect to the services to be performed
under this Agreement.
(a The Recipient its officers agents. employees. subcontractors or assignees. in performance of this Agreement
shall act in the capacity of an independent contractor and not as an officer employee or agent of the State of
_ Florida. Nor shall the Recipient represent to others that. as the Recipient it has the authority to bind DEO
unless s,pecifically authorized to do so.
(b) Neither the Recipient nor its officers agents employees subcontractors or assignees are entitled to State
retirement or State leave benefits or to any other compensation of State employment as a result of performing
the duties and obligations of this Agreement.
(c) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed
to be an independent contractor and will not be considered or permitted to be an agent employee.servant joint
venturer or partner of the State of Florida.
(d) Unless justified by the Recipient and agreed to by DEO in the Scone of Work DEO will not furnish services
of support (ee. office space office supplies telephone service secretarial or clerical support) to the Recipient
or its subcontractor or assignee.
(e) DEO shall not be responsible for withholding taxes with respect to the Recipient's use of funds under this
Agreement. The Recipient shall have no claim against DFO for vacation pay sick leave retirement benefits
social security workers' compensation health or disability benefits reemployment assistance benefits or
employee benefits of any kind. The Recipient shall ensure that its employees subcontractors and other agents
receive benefits and necessary insurance (health workers' compensation reemployment assistance benefits)
from an employer other than the State of Florida.
(f� The Recipient at all times during the Agreement must comply with the reportirm a d Reemployment Assistance
contribution payment requirements of chapter 443 F.S.
Rev. 9/3/2015 I3A
Exhibit 1
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: C.S. Department of Housing and Urban Development
Pass-Through Entity: Florida Department of Economic Ooportunity
Contact Information for Awarding Official of Paula Lemmo.Chief
Pass-Through Entity: Division of Community Development
107 East Madison Street—MSC 400
Tallahassee.Florida 32399-6508
Federal Award Identification Number: B-10-DC-12-0001
Federal Award Date: 8/9/2010
Total Federal Award to Pass-Through Entity: $29 565 984
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
Recipient's DUNS-Registered Name: County of Monroe
Recipient's DUNS Number 073876757
Federal Funds Obligated to Recipient $750,000
By This Action:
Total Federal Funds Obligated to Recipient; $750 000
Total Amt. of Federal Award Committed to $750 000
Recipient:
Project Description: Funding is beingprovided for sewer hookups for low-and
moderate-income persons residing in the Recipient's
This is not a reseal-en and development award. jurisdiction.
Indirect Cost Kate: 0.0%
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
1. The Recipient shall perform the obligations in accordance with 24 C.F.R. §§ 570.480—570.497.
2. The Recipient shall be governed by the laws_rules and regulations identified in this Agreement.
3. The Recipient shall be governed by sections 290.0401-290.048, F.S.
4. The Recipient shall perform the obligations in accordance with chapter 73C-23 F.A.C:the Program Budget,
Attachment A of this Agreement the Activity Work Plan Attachment I of this Agreement Parts 2 6 and 9
of the Florida Small Cities CDBG FFY 2013 Application for Funding and the Program Category Specific
And Special Conditions Attachment F of this Agreement.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: ,,\7A
Matching Resources for Federal Programs:N/A
Subject to Section 215.97,Florida Statutes: N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 C.F.R. §200.331 and section 215.97(5),F.S.,require that the information about Federal Programs and State.
Projects included in Exhibit I be provided to the Recipient.
Rev. 9/3/2015 15
Attachment B - State and Federal Statutes, Regulations, and Policies
The Recipient agrees to and by signing this Aereement certifies that it will comply with the requirements of 24 C.F.R.
part 570 subpart I and§ 570.200(j) and§ 570.606(the C.S. Housing and Urban Development regulations concerning
tat tate Communitv Development Block Grant Prms1 The Recipient alsoagrees to fund vailable underthis
leieement to supplement ratherthan susupplant funds otherwiseavailable.The Recipient further agrees to comply with
all other applicable Federal State and local laws regulations and policies governing the funds provided under this
Agreement including but not limited to the following:
1. Uniform Administrative Renuirements Cost_Principles.and Audit Requirements for Federal Awards (2 C.F.R part
200):
2. Florida Small Cities Community Development Block Grant Program Act(§§ 290.0401-290.048.F.S.1'
3. Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23,F.A.C.)'
4. Title I of the Housingand C mmunity D ' .l pment Act of 1974 as amended (42 U.S.C. Ct6 5301-5321):
5. Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R. part 205)'
6. Community Planning Act(§ 163.3164 ES.):
7. Florida Small and Minority Business Assistance Act(6§ 288.703-288.706. EST
8. CDBG Technical Memoranda (https://www.hudexchange.info/community-development/cdbg-memoranda/)i
9 licable I IUD Communityi Planningand D -el-elo ment No tihes (http //www hudexchange info/manage-a-
program/cpd-notices)'
10. Sinele Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507-
11. Environmental Review Procedures for Entities Assuming HUD Responsibilities (24 C.F.R.part 58)'
12. Environmental Criteria and Standards (24 C.F.R. an).;
13. Flood Disaster Protection Act of 1973.as amended(42 C.S.C. §§4001-4129) Floodplain Management and
Protection of Wetlands (24 C.F.R. part 55) and Executive Orders 11988 (Floodplain Management) and 11990
[Protection of Wetlands)-
14. National Environmental Policy Act of 1969 as amended (42 U.S.C. 56 4321-4370h)and other provisions of law
- -- which Further the purpose of this act
15. National Historic Preservation Act of 1966 as amended(54 U.S.C. §§ 300301-320303) Protection of Historic
Properties (36 C.F.R.part 800) and other provisions of law which further the purpose of this act
16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960 as amended (54 U.S.C. §6,
312501-312508)'
17. Coastal Zone Protection Act of 1985 (S§ 161.52-161.58,F.S.)•
18. Safe Drinking Water Act of 1974 as amended(42 U.S.C. 6§ 1400-1465)-
19. Federal Water Pollution Control Act of 1972 as amended(33 U.S.C. §§ 1251-1387k
20. Davis-Bacon Act of 1931 as amended (40 U.S.C. S§ 3141-3148)and Labor Standards Provisions of 29 C.F.R. part
21. Contract Work flours and Safety Standards Act of 1962 as amended (40 U.S.C. §§3701-3708)•
22. Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1975
(42 U.S.C. S§ 6901-6992k)-
23. Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157) and the Uniform Accessibility Standards,as applicable-
24. Federal Fair Labor Standards Act of 1938 as amended(.29 U.S.C. 6§201-219)'
--25.-Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4601-4655) and
c the applicable rules for Federal and Federally-Assisted Programs at 49 C.F.R.part 24-
26. Copeland"Anti-Kickback"Act (18 U.S.C. § 874)'
27. Hatch Act of 1939 as amended (5 U.S.C. 6§ 1501-1508T
28. Lead-Based Paint Poisoning Prevention Act(42 U.S.C. $§4821-4846):the Residential Lead-Based Paint Hazard
Reduction.A t f 1992 (42 U.S.C. 1-4856) licable impl m ntinge ati t
24 C.F.R.part 35 and 24 C.F.R.part 570 subparts A B J.K.and R
29. Section 102 of HUD Reform Act of 1989 (42 U.S.C. §3545) and HUD Reform Act regulations at 24 C.F.R. part 4.
30. False Claims Act (31 U.S.C. 6§ 3729-3733)'
31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R. part 247):and
32. Clean Air Act(42 U.S.C. 6§7401-7671q.) and National Primary and Secondary Ambient Air Ouality Standards (40
C.P.R. part 50).
Rev. 9/3/2015 19
•
Attachment D — Reports
The following reports must be completed and submitted to DEO in the time frame indicated and in
compliance with rule 73C-23.0051(51-(61(a).F.A.C. Failure to timely file these reports constitutes an Event of
Default,as defined in Paragraph (10)Default,of this Agreement.
1. A Quarterly Progress Report. Form SC-65 must be submitted to DEO fifteen (15) calendar days after
the d of eachquarter. The t due by th followingdates: April 15J ly 15 October 15 ndJanuary15
2. A Contract and Subcontract Activity form (I IUD-2516 Form currently available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05360;which is incorporated herein by reference)
submitted by April 15 and October 15 each year through the Department's Electronic CDBG reporting system at
https://www.deoecdbg.com/Defaultaspx.The form must reflect all contractual activity for the period including
Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during
the reporting period the form must indicate"no activity".
3. The Administrative Closeout Report.Form SC-62 must be submitted to DEO within forty-five(45)
calendar days of the Agreement termination date in compliance with rule 73C-23.0051(51 F.A.0 and the terms of
this Agreement.
4. In accordance with 2 C.F.R.part 200 should the Recipient meet the threshold for submission of a single or
program specific audit, the audit must be conducted in accordance with 2 C.F.R.part 200,and submitted to DEO
no later than nine months from the end of the Recipient's fiscal year. If the Recipient did not meet the audit
threshold,an Audit Certification Memo Form SC-47 must be provided to DEO no later than nine months from
the end of the Recipient's fiscal year.
5. A copy of the Audit Compliance Certification form Attachment J must be e-mailed to
audit(tildeo.myflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was
open.
6. The Section 3 Summary Report, !IUD-60002 form effective date June 2001
http://www.flniles.org/Gateway/reference.asp?No=Ref-05360;effective date April 2015 which is incorporated
- inbyreference must b nd submitted th gh DEO' El tromc CDBG rep�mng y tm at
https://www.deoecdbg.com/Defaultaspx by July 31,annually. The form must be used to report annual
accomplishments regarding employment and other economic opportunities provided to persons and businesses
that meet section 3 requirements.
7. Request for Funds must be submitted as required by DEO and as scheduled on Attachment I—Activity
Work Plan.
Rev.9/3/2015 21
Attachment F — Warranties and Representations
Financial Management
The ci ient's financial management system mu t complywith theprovisions of 2 C.P.A. art 200 section
218.33. F.S. and the rules promuleated thereunder and include the followine:
(1) Accurate,current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays,income and interest.
(3) Effective control over and accountability for all funds,property and other assets. The Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Funds (RF1-1). Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
2 C.F.R.part 200 and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 C.F.R. Sj 200.318-200.326 and be
condo-t_d in a manner v ding full and open competition. The Recipient shall be alert to conflicts of
interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or
otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair
competitive advantage,contractors that develop or draft specifications,requirements,statements of work,or
invitations for bids or requests for proposals shall be excluded from competing for such procurements.
Awards must be made to the responsible and responsive bidder or offeror whose proposal is most
advantageous to the program considering the price,quality and other factors. Solicitations shall clearly set
forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by
the Recipient. Any and all bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee,officer,or agent shall participate in the
selection,.award, or administration of a contract supported by public a Federal award if he or she hag a real or
apparent conflict of interest. Such a conflict would arise when the employee,officer,or agent,any member
of his or her immediate family,his or her partner,or an organization which employs or is about to employ
any of the parties indicated,has a financial or other interest in or a tangible personal benefit from a firm
considered for a contract. The officers,employees,and agents of the Recipient shall neither solicit nor accept
gratuities, favors,or anything of monetary value from contractors or parties to subcontracts. The standards
of conduct must provide for disciplinary actions to be applied for violations of the standards by officers,
employees,or agents of the Recipient.!See 2 C.F.R. g 200.318(c)(11.1
Rev.9/3/2015 23
Business Hours
The Recipient shall have its offices open for business,with the entrance door open to the public,and at
least one employee on site at all reasonable times for business. `Reasonable"shall be construed according to
circumstances,but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time, Monday
through Friday.
Licensing and Permitting
All contractors or employees hired by the Recipient shall have all current licenses and permits required
for all of the particular work for which they are hired by the Recipient.
Rev.9/3/2015 24
Attachment M — Audit Requirements
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,F.S.,
as revised(see "AUDITS"below),monitoring procedures may include, but not be limited to, on-site visits by
DEO staff,limited scope audits as defined by 041E Circular A-133,as revised,and/or other procedures. By
entering into this agreement,the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of
the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by DEO
staff to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any
inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer(CFO) or Auditor
General.
Audits
Part I: Federally Funded
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133,as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December
31,2003) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific
audit conducted in accordance with the provisions of OMB Circular A-133,as revised. Exhibit 1 to this
agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal
awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,including Federal
resources received from DEO. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular
A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133,as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133,as revised.
3. If the recipient expends less than$300,000 ($500,000 for fiscal years ending after December 31,
2003) in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of OMB
Circular A-133, as revised,is not required. In the event that the recipient expends less than 5300,000
(5500,000 for fiscal years ending after December 31,2003)in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of
the audit must be paid from non-Federal resources (i.e.,the cost of such an audit must be paid from the
recipient resources obtained from other than Federal entities).
Rev.9/3/2015 40
Attachment M — Audit Requirements
4. Tide 2 C.F.R. art 200 entitl d Ulu fnn.4dministrative Requirements Cost Principlesd Audit Requirements
Jar Federal Awardr also known as the Super Circular supersedes and consolidates the requirements of OMB
Circulars A-21 A-87 A-I10 A-122 A-89 A-102 and A-I33 and is effective for Federal awards or increments
of awards issued on or after December 26 2014. Please refer to 2 C.F.R. part 200 for revised definitions
reporting requirements and auditing thresholds referenced in this attachment and agreement accordingly.
Part II: State Funded
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of$500,000 in any fiscal year of such recipient(for fiscal years ending September 30,2004 or
thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, F.S.;applicable rules of the Department of Financial Services;and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor
General. Exhibit 1 to this agreement indicates state financial assistance awarded through DEO by this
agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall
consider all sources of state financial assistance,including state financial assistance received from DEO,
other state agencies,and other non-state entities. State financial assistance does not include Federal direct or
pass-through awards and resources received by a non-state entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1, the recipient shall
ensure that the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by section 215.97(2), Florida Statutes,and Chapters
10.550 (local governmental entities) or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year(for fiscal
years ending September 30,2004 or thereafter),an audit conducted in accordance with the provisions of
section 215.97,Florida Statutes,is not required. In the event that the recipient expends less than$500,000 in
state Financial assistance in its fiscal year and elects to have an audit conducted in accordance with the
provisions of section 215.97, P.S.,the cost of the audit must be paid from the non-state entity's resources
(i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State
entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.myflorida.com/audgen/pages/fisaa.hun
Part III: Other Audit Requirements
N/A
Pan IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as
revised,and required by Part I of this agreement shall be submitted,when required by Section .320(d),OMB
Circular A-133, as revised,by or on behalf of the recipient directly to each of the following at the address
indicated:
Rev.9/3/2015 41
•
Attachment M — Audit Requirements
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper(hard copy):
Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Federal Audit Clearinghouse designated in Ob1B Circular A-133,as revised(the number of
copies required by Sections .320 (d)(1) and (2),OMB Circular A-133,as revised,should be submitted to
the Federal Audit Clearinghouse) at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101h Street
Jeffersonville,IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-I33,as revised.
2. Pursuant to Section.320 (f),OMB Circular A-133,as revised,the recipient shall submit a copy of
the reporting package described in Section.320(c),OMB Circular A-133,as revised and any management
letter issued by the auditor,to DEO at each of the following addresses:
---Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper(hard copy):
Department Economic Opportunity
MSC# 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or
on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorda.com
or
Paper (hard copy):
Department Economic Opportunity
MSC# 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
Rev.9/3/2015 42
Attachment M — Audit Requirements
B. the Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
I11 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen_localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be submitted
by or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports,management letter, or other information required to be submitted to DEO pursuant to
this agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,and
Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the
Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-
profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
Part V: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of six (6)years from the date the audit report is issued,or six (6) state Fiscal years
after all reporting requirements are satisfied and final payments have been received,whichever period is
longer,and shall allow DEO,or its designee,CFO,or Auditor General access to such records upon request.
The recipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or
Auditor General upon request for a period of six (6) years from the date the audit report is issued,unless
extended in writing by DEO. In addition,if any litigation, claim,negotiation,audit,or other action involving
the records has been started prior to the expiration of the controlling period as identified above, the records
shall be retained until completion of the action and resolution of all issues which arise from it,or until the
end of the controlling period as identified above,whichever is longer.
Rev.9/3/2015 43
Attachment N
Audit Compliance Certification
Rev.9/3/2015 44
Attachment N —Audit Compliance Certification
Email a copy of this form within 60 days of the end ofeach fiscal year in which this subgrant was open to
audit@deo.myflorida.com.
Recipient: Monroe County
FEIN: 596000746 Recipient's Fiscal Year: October 1 through September 30
Contact Name: Mr.John O'Brien Contact's Phone: (305)296-5621
Contact's Email: hsijob@aol.com
1. Did the Recipient expend state financial assistance,during its fiscal year, that it received under any
agreement(e.g.,contract,grant, memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc.) between the Recipient and the Department of Economic
Opportunity (DEO)? [' Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did the Recipient expend$500,000 or more of state financial assistance (from DEO and a0 other
sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable state single°or
project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did the Recipient expend federal awards,during its fiscal year,that it received under any agreement
(e.g., contract,grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between the Recipient and DEO? ❑ Yes ❑ No
If the above answer is yes,also answer the following before proceeding to execution of this
certification:
Did the Recipient expend$750 000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable single or program-
specific audit requirements of 2 C.F.R. part 200.subpart F as revised.
By signing below,I certify, on behalf of the Recipient, that the above representations for items 1
and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
Rev.9/3/2015 45
O
BOARD OF COUNTY COMMISSIONERS
County of MonroeMayor Heather Carruthers,District 3
1�1 Mayor Pro Tern George Neugent.District 2
The Florida Kf Sylvial.Murphy, District 5
Danny L.Kolhage,District 1
David Rice,District 4
MEMORANDUM
PUBLIC WORKS& ENGINEERING
DATE: April27, 2016
TO: Cheryl Robertson, Executive Aide to
Clerk of Court �a
FROM: Pamela G. Hanconr
Executive Assist
SUBJECT: 4`"Amendment to CDBG Contract
12DB-0-11-54-01-H 15
Enclosed is the fully executed Modification No. 4, Small Cities Community Block
Development Grant Program, Contract No. 12DB-05-11-54-01-H 15, changing the Activity Work
Plan and the Program Budget. Please file for the record.
Should you have any questions, please feel free to contact me at 4529. Thank you.
cc: Finance Director via e-mail
CAY via e-mail
Enclosure(I)