3rd Modification 02/26/2015 b p.
Rick Scott ""` Jesse Panuccio
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENTof
ECONOMIC OPPORTUNITY
March 25,2015
Mr. Roman Gastesi,Jr.
County Administrator
1100 Simonton St.
Suite 205
Key West, FL 33040
RE: Modification Number: 3
Small Cities Community Development Block Grant(CDBG) Program
Contract Number: 12DB-05-11-54-01-H15
Dear Mr. Gastesi:
We have received your letter requesting a 12-month extension to the subgrant agreement and approval
of revisions to the Activity Work Plan and the Program Budget. Upon review of the modification
documents,we have determined that sufficient justification has been provided to approve the requested
changes. The revisions are approved, and the agreement is extended through March 29,2016.
Enclosed are copies of the signed Mo&featton to SubgtantAgteement form, the revised Activity
Work Plan and Program Budget pages,and the revised contract pages listed under Other on the
Mo&ftcation to SubgrantAgreement form. Please keep these documents with your copy of the approved
subgrant agreement.
If you have any questions,please call me at (850) 717-8417.
Sincerely,
° ,
Roger J. Doherty, CLEP ...r
Planning Manager
Small Cities CDBG Program
Enclosure
cc: Mr.John O'Brien,Project Manager,Monroe County Housing Authority
Mr. Calvin Knowles, Senior Consultant,Government Services Group,Inc.
Flo id'a Department of Economic Opportunity I Caldwell Building 1 107 E.Madison Street [ Tallahassee,FL 32399
66.FLA1345 1 8S0.,15 7].da 1 850.921. 3223 Fax
yiwvv.flc nd si b oEp € I vwww_faa c book,corn1FLr)E0
An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.AN voice
telephone numbers on this document may be reached by persons easing rTY/TIED equipment via the Honda Relay Service at 71 L
DEJDepartment of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44
Modification to Subgrant Agreement 12l912014
Modification Number 3 to Subgrant Agreement Between
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 12DB-05-11-54-01-H15, 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 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 29, 2016.
® 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.
Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44
Modification to Subgrant Agreement 12/9/2014
Modification Number: 3
DEO Contract Number: 12DB-05-11-54-01-H15
Recipient: Monroe County
Page 2
❑ Change the Participating Parties
5. Attachment A, Program Budget, is hereby modified to delete all references to "(Type in the:dame,
if applicable.)," as the Participating Party, and replace them with "(Type in the name,if
applicable.)" as the Participating Party with the understanding that the Recipient and the new-
Participating Parry will enter into a Participating Party Agreement containing provisions and
caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between
the Recipient and the original Participating Party.
❑ Include an Unmet Need as Addressed in the Original Application
6. 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.
7. 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.
8. 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
9. 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
10. This modification to the Subgrant Agreement hereby replaces "Department of Community
Affairs"with "Department of Economic Opportunity"where appropriate in context.
® Other:
11. Replace the current pages 1-13 of the agreement with the attached pages 1-13A. The underlined
portions of the replacement pages reflect, in part, changes in law, as well as revisions to the
Department's standard terms and conditions. Page,121is beg replaced by the attached page ,
which includes a new special condition related to submitting documentation with Requests for
Funds. Attachments M and N are being added to the contract. All---
DEJDepartment of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-44
Modification to Subgrant Agreement 12/9/2014
Modification Number: 3
DEO Contract Number: 12DB-05-11-54-01-H15
�a
Recipient: Monroe County `n
Page 3 = "�
A RequestforAmendment, Form SC-35, shall be included with this Modification if there is;;
change to the Attachment A,Program Budget, of the Subgrant Agreement; if unmet need is being inclfged as
addressed need; or if there is a change in the number of accomplishments or beneficiaries. c'?
3
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 E n r portunity Recipient: Monro County
f '�
r'
By: B
a
Name: William B. I � ' gsworth Nam oman Gastesi Jr.
Title: Director Title: County Administrator
Division of Community Development
Date: Date:
Approved as to form and legal
Sufficiency,subject only to full and E 6 -RN E Y
proper execution by the parties .
office of the General Counsel .
ppportunity
By: Date.
Approved Date: _ _T
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STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Contract Number: 12DB-05-11-54-01-H15 CFDA Number: 14.228
Rule Chapter: 73C-23,Florida Administrative Code
Effective: June 6,2010
FFY 2010 FEDERALLY-FUNDED SUBGRANT AGREEMENT
Housing Rehabilitation
THIS AGREEMENT is entered into by the State of Florida,Department of Community Affairs
(amended to the Department of Economic 012portuniiy in Modification 1 to this Agreement on
September 16 2013 with headquarters in Tallahassee Florida ereinafter referred to as "DEO"or the
"Department".), and Monroe County(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide
the services identified herein;and
B. The Department has received these grant funds from the State of Florida,and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below;and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE,the Department and the Recipient agree to the following:
(1) Scope of Work
The Recipient shall perform the work in accordance with the 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) FFY2010App1ication for Funding submitted 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 the Department shall be governed by applicable State and Federal laws,rules and
regulations,including those identified in Attachment B and K.
Rev. 6/20/2014 1
(3) Period of Agreement
This Agreement shall begin upon execution by both parties,and shall end on March 29, 2016,unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. Contract
extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension.
(4) Modification of Contract
Either party may request modification of the provisions of this Agreement. Changes which are agreed
upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this
Agreement.
(5) Records
(a) As applicable,Recipient's performance under this Agreement shall be subject to the federal
OMB Circular No.A-102, Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments(53 Federal Register 8034) or 2 CFR 215,
Uniform Administrative Requirements for Grants and Agreements with Institutions ofHigher
Education,Hospitals, and Other Nonprofit Organizations,and either 2 CFR 225, Cost Principles
for State,Local and Indian Tribal Governments,2 CFR 220, Cost Principles for Educational
Institutions,or 2 CFR 230, Cost Principles forNon-Profit Organizations.
(b) presentatives 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 Recipient's books documents a ers and records including electronic
storage media,as they matirelate to this Agreement, for the purposes of conducting audits or
examinations or making excerpts or transcriptions.
(c) Recipient shall maintain books,records, and documents in accordance with generally accepted
accountiriV,procedures and practices which sufficiently and ro erI,reflect all expenditures of funds
provided by DEC)under this Agreement.
(d) Recipient will provide a financial and compliance audit to DEO.if apmlicable,and ensure that
all related_paa,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 contractors and consultants paid from funds under this
Agreement, for a period of six years from the date this Agreement is final closed. The Recipient shall
ensure that audit working papers are available upon request for a period of six years from the date this
Agreement is final closed,unless extended in writing by the Department, The six-year period may be
extended for the following exceptions:
Rev. 6/20/2014 2
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$5,000 or more
at the time it is acquired shall be retained for six years after final disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
T The Recipient shall maintain all records and supporting documentation for the Recipient and
for all contractors 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 Program Budget-Attachment A- and all other applicable laws and regulations.
(g) The Recipient,its employees or agents,including all contractors 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 Accountabihjy or
re resentatives of the federal government and their dul-y authorized re resentatives. "Reasonable" shall
ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,local time, on Monday through
Friday.
(h) The Recipient shall include the aforementioned audit and record keeping requirements in all
approved contracts and assignments.
(6) Audit Requirements
(a) Review the Audit Requirements listed in Attachment M of this contract. 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 OMB Circular A-133, as revised;unless it
expends $750,000 or more in Federal awards during its fiscal year.
U The requirements listed in Attachment M. Part II: State Funded,are not applicable to this
subgrant agreement which is a Federal pass-through award.
(c Within sixty (60) days of the close of the fiscal year; on an annual basis, the recipient shall
electronically submit a completed Audit Compliance Certification (a version of this certification is
attached hereto as Attachment N) to audit&deo.myflorida.com. 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
aaMeement, 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 the Department if an
audit is not reduired because the local government spent less than $500,000 ($750,000 for fiscal years
starting after December 26,2014) in Federal funds during a fiscal year.
Rev. 6/20/2014 3
This foam is in addition to the audit certification memo that must be sent to the Department if an
audit is not required because the local government spent less than$500,000 ($750.000 for fiscal years
starting after December 26,2014) in Federal funds during a fiscal
�dl In addition to the submission requirements listed in Attachment H, each recipient should send
an electronic copy of its audit report or certification memo (available on the CDBG website) 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: cdbg@deo.myflorida.com
(7) Reports
(a) The Recipient shall provide the Department with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds
under this Agreement,in addition to any other information requested by the Department.
(b) Quarterly reports are due to the Department no later than 15 days after the end of each quarter
of the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are March 31,June 30,September 30 and
December 31.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement,whichever first occurs.
(d) If all required reports and copies are not sent to the Department or are not completed in a
manner acceptable to the Department,the Department may withhold further payments until they are
completed or may take other action as stated in Paragraph (11)Remedies. "Acceptable to the
Department"means that the work product was completed in accordance with the Program Budget,
Attachment A of this Agreement,the Activity Work Plan,Attachment E of this Agreement,and the
Application for Funding submitted by the Recipient.
(e) The Recipient shall provide additional program updates or information that may be required by
the Department.
(f The Recipient shall provide additional reports and information identified in Attachment 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 time schedules
are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified
time periods,and other performance goals are being achieved. A review shall be done for each function or
activity in Attachment A to this Agreement, and reported in the quarterly report.
Rev. 6/20/2014 4
In addition to reviews of audits conducted in accordance with paragraph (6) above,monitoring
procedures may include,but not be limited to, on-site visits by Department staff,limited scope audits,and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department. In the event that the Department determines that a limited scope
audit of the Recipient is appropriate,the Recipient agrees to comply with any additional instructions provided
by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections,reviews,investigations or audits deemed necessary by the Florida Chief
Financial Officer or Auditor General. In addition, the Department will monitor the performance and
financial management by the Recipient throughout the contract term to ensure timely completion of all tasks.
(9) Liability
(a) Unless the Recipient is a State agency or subdivision,as defined in Section 768.28,Florida
Statutes (FS),the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement,Recipient
agrees that it is not an employee or agent of the Department,but is an independent contractor.
(b) Any recipient which is a state agency or subdivision,as defined in Section 768.28,FS,agrees to
be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against
the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to
the extent set forth in Section 768.28,FS. Nothing herein is intended to serve as a waiver of sovereign
immunity by any recipient to which sovereign immunity applies. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter
arising out of any contract.
(10) Default
If any of the following events occur ("Events of Default"), all obligations on the part of the Department
to make further payment of funds shall,if the Department elects, terminate and the Department has the
option to exercise any of its remedies set forth in Paragraph (11). However,the Department may make
payments or partial payments after any Events of Default without waiving the right to exercise such remedies,
and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect,or if the Recipient fails
to keep or perform any of the obligations,terms or covenants in this Agreement or any previous
agreement with the Department and has not cured them in timely fashion,or is unable or unwilling to
meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during
the term of this Agreement,and the Recipient fails to cure this adverse change within thirty days from
the date written notice is sent by the Department.
Rev. 6/20/2014 5
(c) If any reports required by this Agreement have not been submitted to the Department or have
been submitted with incorrect,incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations
under this Agreement.
(11) Remedies
If an Event of Default occurs,then the Department shall,upon 30 calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those 30 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 30 days prior written
notice of such termination. The notice shall be effective when placed in the United States, first class
mail,postage prepaid,by registered or certified mail-return receipt requested, to the address set forth in
Paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes
under the laws,rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions,to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons for or the
extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. Advise the Recipient to suspend,discontinue,or refrain from incurring costs for any
activities in question,or
4. Require the Recipient to reitnburse the Department for the amount of costs incurred for
any items determined to be ineligible;
(f Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or
remedy in this Agreement or fails to insist on strict performance by the Recipient,it will not affect,
extend or waive any other right or remedy of the Department,or affect the later exercise of the same
right or remedy by the Department for any other default by the Recipient.
Rev. 6/20/2014 6
(12) Termination
(a) The Department may terminate this Agreement for cause with 30 days written notice. Cause
can include misuse of funds, fraud,lack of compliance with applicable rules,laws and regulations, failure
to perform in a timely manner,and refusal by the Recipient to permit public access to any document,
paper,letter,or other material subject to disclosure under Chapter 119,FS, as amended.
(b) The Department may terminate this Agreement for convenience or when it determines,in its
sole discretion,that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds,by providing the Recipient with 30 calendar days prior written notice.
(c) The Parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment shall state the effective date of the termination
and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated,the Recipient will not incur new obligations for
the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of
the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Department because of any breach of Agreement by the Recipient. The Department may,to the extent
authorized by Iaw,withhold payments to the Recipient for the purpose of set-off until the exact amount
of damages due the Department from the Recipient is determined.
(13) Notice and Contact
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class,certified mail,return receipt requested, to the representative identified below at
the address set forth below or said notification attached to the original of this Agreement.
(b) The name and address of the grant manager for this Agreement is:
Roger Wilburn, 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) 717-8424—Fax: (850) 922-5609
Email: Roger.Wilbum@deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Mr.John O'Brien
Key West Housing Authority
1400 Kennedy Drive
Key West,Florida, 33040
Telephone: (305) 296-5621 -Fax: (305) 292-1221
Email: hsijob@aol.com
Rev. 6/20/2014 7
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement,notice of the name,title and address of the new representative will be
provided as stated in (13)(a) above.
(14) Contracts
If the Recipient contracts any of the work required under this Agreement, a copy of the signed contract
must be forwarded to the Department for approval. The Recipient agrees to include in the contract(i) that
the contractor is bound by the terms of this Agreement, (ii) that the contractor is bound by all applicable state
and federal laws and regulations, (iii) that the contractor shall hold the Department and 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 iv rovisions addressin bid a ment and
Uerformance 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 the Department as to whether that contractor,or any
subcontractors hired by the contractor,is a minority vendor, as defined in Section 288.703,FS.
(15) Terms and Conditions
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) Attachments
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments,the language of the attachments shall control,but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
® Exhibit 1 —Funding Sources
® Attachment A—Program Budget
® Attachment B—Program Statutes and Regulations
❑ Attachment C—Recordkeeping(N/A)
® Attachment D Reports
❑ Attachment E—justification of Advance (N/A)
® Attachment F—Warranties and Representations
® Attachment G—Certification Regarding Debarment
❑ Attachment FI—Statement of Assurances (N/A)
® Attachment I Activity Work Plan
® Attachment f—Program and Special Conditions
® Attachment K—Civil Rights Compliance Assurance
® Attachment L—Signature Authorization Form
Attachment M—Audit Requirements
'_Attachment N—Audit Compliance Certification
Rev. 6/20/2014 8
(17) Funding/Consideration
(a) The funding for this Agreement shall not exceed$750,000.00, subject to the availability of
funds.
(b) The Recipient agrees to expend funds in accordance with the Program Budget,Attachment A,
of this Agreement, and the Application fot Funding.
(c) All funds shall be requested in the manner prescribed by the Department. The authorized
signatory for the Recipient set forth on the eCDBG Access Authorization Form,Attachment J,to
this Agreement,must approve the submission of each Request for Funds (RFFs) on behalf of the
Recipient.
(d) Pursuant to 24 CPR 570.489(b),pre-agreement costs reflected in the Recipient's Application
forFundingas originally submitted that relate to preparation of the Application forFundingare
considered eligible costs and may be reimbursed to the Recipient,if they are otherwise in compliance
with all other requirements of the Agreement.
(e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,
except for those provided for in this Agreement or prior to the effective date of the enabling
amendment wherein the Department agrees to their eligibility, fundability,or addition to the Agreement,
or a separate letter authorizing such costs,are ineligible for funding with CDBG funds.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress,the federal Office of Management and Budgeting, the State Chief Financial Officer, or
under subparagraph (19)(h) of this Agreement,all obligations on the part of the Department to make
any further payment of funds shall terminate, and the Recipient shall submit its closeout report within
thirty days of receiving notice from the Department.
(18) Repayments
(a) The Recipient and its contractors may oaly expend funding under this Agreement for allowable
costs resulting from obligations incurred during the Agreement period;however,pursuant to 24 CFR
570.489U reimbursement can be requested for eli ble a lication prWaration costs that were listed in
the Recipient's Application for Funding
U In accordance with Section 215.971,FS; the Recipient shall refund to DEO any balance of
unobligated funds which has been advanced or paid to Recipient.
c The Recipient shall refund to DEO all funds 12aid in excess of the amount to which Reci ient
or its contractors are entitled under the terms and conditions of this A eement.
(d) All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of the "Department of Economic Opportunity" and mailed directly to the
Department at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
107 East Madison Street—MSC 400
Tallahassee,Florida 32399-6508
Rev. 6/20/2014 9
In accordance with Section 215.34(2),FS,if a check or other draft is returned to the Department for
collection,Recipient shall pay to the Department a service fee of$15.00 or five percent (5%) of the face
amount of the returned check or draft,whichever is greater.
(19) Mandated Conditions
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations,and materials submitted or provided by the Recipient in this Agreement,in any later
submission or response to a Department request,or in any submission or response to fulfill the
requirements of this Agreement. All of said information,representations,and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall,at the option of the
Department and with 30 days written notice to the Recipient,cause the termination of this Agreement
and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of
this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision
shall be null and void to the extent of the conflict, and shall be severable,but shall not invalidate any
other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
(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 USC Section 12101 et_�eg.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 —
760.37, FS),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.
(0 A person or organization who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity,may not submit a bid on a contract with a
public entity for the construction or repair of a public building or pubhc work,may not submit bids on
leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier,
subcontractor,or consultant under a contract with a public entity,and may not transact business with
any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency,and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief,that it
and its principals:
Rev, 6/20/2014 10
1. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or
voluntarily excluded from covered transactions by a federal department or agency;
2. Have not,within a 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 paragraph 19(g)2. of
this certification;and
4. Have not within a 5-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification,then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send a completed Form SC-37, Certification Regarding
Debarment, Suspension,And Other ResponsibiGtyMatters—Primacy Coveted
Transactions,to the Department for each prime contractor that the Recipient plans to hire under
this Agreement. The form must be received by the Department before the Recipient enters into a
contract with the respective prime contractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216,FS,or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061,FS.
(k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Department or be applied against the Department's
obligation to pay the contract amount.
(1) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, FS)
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,FS.
(20) Lobbying Prohibition
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
Rev. 6/20/2014 11
(b) The Recipient certifies,by its signature to this Agreement,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
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."
3. The Recipient shall require that this certification be included in the award documents for all
subawards (including subcontracts,subgrants,and contracts under grants,loans,and cooperative
agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC Section 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure.
(21) Copyright,Patent and Trademark
Any and all Patent Rights accruing under or in connection with the performance of this
agreement are hereby reserved to the State of Florida. Any and all Copyrights accruing under or in
connection with the performance of this agreement are hereby transferred by the Recipient to the
State of Florida.
(a) If the Recipient has a pre-existing patent or copyright,the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement,or in any way connected with it,the Recipient shall refer the discovery
or invention to the Department for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable
material are produced,the Recipient shall notify the Department. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
Rev. 6/20/2014 12
(c) Within 30 days of execution of this Agreement,the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
The Department shall then,under Paragraph (b),have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LegaI Authorization.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of
this Agreement.
(23) Public Record Responsibilities
a Recipient must notify DEO both b:e-mail and first class mail within one 1 business da
from receipt of all reguest�s for public records, as a public record is defined in Section 119.011,Florida
Statutes. In accordance with Chapter 119 of the Florida Statutes,Recipient shall be responsible for
responding to all public records requests per the cost structure provided for records made or received by
Recipient in conjunction with this Agteement.unless the records are exeml2t from section 24 a of
Article I of the State Constitution and Section 119.07 1 Florida Statutes. Notice of 12ublic records
requests received by the Recipient shall be e-mailed to PRRequestpdeo.m;florida.com and mailed to:
Public Records Coordinator
Department of Economic 01212ortunity
107 East Madison Street
Tallahassee,Florida 32399
Office: 850 245-7140
This Agreement may be terminated by DEO for refusal by the Recipient to com 1 with
Florida's public records laws or to allow public access to any non-exempt public record made or
received by the Recipient in con.junction with this Agreement.
(24) 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 Recipient to:
1. Utilize the U.S. Department of Homeland Securi 's E-Verifysystem to verifv the
emi2loyment efi-gibili1y of all new em io ees hired by Recipient during the A reement term,• and
Rev. 6/20/2014 13
2. Include in all prime contracts under this Agreement;the requirement that contractors and
subcontractors performing work or providing services pursuant to this Agteement utilize the
E-Verify system to verif,the employment eligibility of all new employees hired by the contractors
and subcontractors during the term of the,contract.
E-Verifyis an Internet-based system that allows an employer,using information re orted on an
employee's Form I-9 Ernl2lovinent Ehgibitiiy Verification to determine the eli bill of all new
em to gees hired to work in the United States after the effective date of the required Memorandum of
Understanding XQU),the resi2onsibilities and elections of federal contractors, however,to vary, as
stated in Article II.D.I.c. of the MOU. There is no charge to employers to use E-Verify,. The
Department of Homeland Security's E-Verify system can be found at:
http://-,vww.dhs.pov/files/12roaams/W 1185221678150.shtm
(c) If Recipient does not have an E-Verih7 MOU in effect,Recipient must enroll in the E-Verify
system prior to hiring any new employee after the effective date of this Agreement.
Rev. 6/20/2014 13a
If the Recipient does not comply with all applicable criteria listed above, a justification for the delay and a
plan for timely accomplishment must be submitted to the Department. The Department shall rescind
any subgrant for which the Recipient has not completed activities a-f if it cannot provide adequate
justification for the delay.
2. If necessary,The Recipient shall retain sufficient administration funds to ensure Internet access,including
email, for the duration of the contract, including any time extensions. If the Recipient does not already
have a computer designated to the person responsible for grant oversight, which is located in the
program office and capable of Internet access, administrative funds may be used as needed to obtain, at
reasonable cost,a computer to allow Internet access.
3. For each Housing Rehabilitation RFF that includes construction costs the recipient shall provide a copy
of ALA form G702 or a com arable form approved b;the Department, si ed by the contractor and the
local building inspector or housing_specialist and a copy of form G703,_or a comparable form approved
by the Department.
Rev.6/20/20]4 33
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 OMB 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 $300,000
($500,000 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).
4. Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for-profit sub
recipients,in the case of Federal funding provided by the U.S. Department of Health and Human
Services, Circular A-133 does apply. See 45 CFR 74.26 for further details.
Rev. 6/20/2014 40
5. A web site that provides links to several Federal Single Audit Act resources can be found at:
htta.//harvesterecensus.gov/sac/skein fo.litnal
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,F.S., the cost of the audit must be paid from the non-state entity's
resources (i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
httn://u nv.myflorida.corn/fsaa/statutes.litml
Part III: Other Audit Requirements
N/A
Part 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:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit tpdeo.in florida.co
or
Rev.6/20/2014 41
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 OMB 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:
h tW://harvester.census.gov/fac/collect/ddeindex.
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and
(f), OMB Circular A-133, 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.m7florida.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 he 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): ALidit(),,deo.iinyflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee,Fl. 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,FL 32399-1450
Email Address: flaudgen local ovt&,.aud.state.tl.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:
Rev.6/20/2014 42
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 five (5) years from the date the audit report is issued,or five (5) state fiscal
years after all reporting requirements are satisfied and final payments have been received,whichever
period is longer,and shall allow DEO,or its designee, CFO,or Auditor General access to such records
upon request. In addition,if any litigation, claim,negotiation,audit,or other action involving the records
has been started prior to the expiration of the controlling period as identified above,the records shall be
retained until completion of the action and resolution of all issues which arise from it, or until the end of
the controlling period as identified above,whichever is longer.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 five (5) years from the date the audit report is issued,unless extended in writing by DEC).
Rev. 6/20/2014 43
Exhibit— 1
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the
Following:
Federal Agency: U.S. Department of Housing and Urban Development
Catalog of Federal Domestic Assistance Community Development Block Grants/State's
Title: Program and Non-entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance #: 14.228
Award Amount: $750,000.00
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this
Agreement are as Follows:
Federal Program
1. The Recipient hall perform the obligations in accordance with 24 Code of Federal Regaulations, Subpart 1, Sections
570.480—570.497,
2. The Recipient shall be governed by the Federal Laws, rules and regulations identified in Attachments B and K of this
Agreement.
3. The Recipient shall begoverned by Sections 290.0401 048, Florida Statutes,
4. The Recipient shall perform the obligations in accordance with Chapter 73C-23, Florida Administrative Code; the
Program Budget, Attachment A of this Agreement; the Aaivio Vork Plan, Attachment E of this Agreement; and
Program, Category Speck, and Special Conditions,Attachment)f this Agreement.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
N/A
Matching Resources for Federal Programs:
N/A
Subject to Section 215.97,Florida Statutes:
N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are
as Follows:
N/A
NOTE: Section .400(d) of OMB Circular A-133, as revised, and, Section 215.97(5),Florida Statutes, require
that the information about Federal Programs and State Projects included in Exhibit 1 to be provided to the
Recipient.
Rev.6/20/2014 44
Attachment N
Audit Compliance Certification
Rev. 6/20/2014 45
Audit Compliance Certification
Email a copy of this form withal 60 days of the end of each fiscal year in which this subgrant was open to
audit@de o.m y}Iorida.cam.
Recipient: Monroe County
FEIN: Recipient's Fiscal Year:
3
I. 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 all 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 DEC? ❑ Yes ❑ No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did the Recipient expend $500,000 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 OMB Circular A-133, 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.6/20/2014 46