Item F3F.3
Coty f�,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice, District 4
The Florida Keys � Mayor Pro Tem Craig Cates, District 1
yMichelle Coldiron, District 2
James K. Scholl, District 3
Ij Holly Merrill Raschein, District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: F.3
Agenda Item Summary #10648
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra (305) 289-2588
9:25 A.M.
AGENDA ITEM WORDING: Approval of contract with Charley Toppino and Sons Inc. for
Demolition, Removal and Disposal Services for the Voluntary Home Buyout Program funded
through Community Development Block Grant -Disaster Recovery (CDBG-DR) funds in the not to
exceed amount of $490,000 with no local match requirement.
ITEM BACKGROUND:
The Department of Economic Opportunity (DEO) awarded Monroe County $15 million in CDBG-
DR funding, through Subrecipient Agreement I0092, to acquire Irma -damaged properties in low to
moderate income areas or from households with low to moderate income. The purpose of Rebuild
Florida's CDBG-DR Voluntary Home Buyout Program (VHBP) is to acquire properties that are in
high -risk flood areas to help relocate residents to areas of lower flood hazard risk and to reduce the
impact of future flood related disasters. The Board approved the Subrecipient Agreement on May
20, 2020.
In April 2022, the County began acquiring property under the VHBP. The Subrecipient Agreement
requires the County to restrict VHBP acquired properties to uses stated in the County's grant
application. The application included Resolution 224-2019 which stated the county's intention was
to deed -restrict the properties in perpetuity to open space uses, storm water improvements or to
restore and conserve the natural floodplain functions. Most of the VHBP acquired properties still
contain storm damaged residences and other structures that require demolition, removal and
disposal.
DEO reviewed and approved the RFP and contract for Demolition, Removal and Disposal Services
in March 2022. The RFP was posted on Demand Star on March 15, 2022. Twenty-four firms,
fourteen of which were from the Florida Keys, reviewed the solicitation documents. The bid
opening was held on April 20, 2022 and one proposal was received.
HUD Guidance allows the County to proceed with just one bid, as long as the bid amounts are price
reasonable. Tetratech, the County's consultant conducted a cost analysis of the bids and determined
this to be true.
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F.3
Staff has negotiated a contract and requests approval of the contract with Charley Toppino and Sons,
Inc. (CTS), the sole respondent to the solicitation. The following demolition, removal and disposal
services will be provided by CTS and are further described in the scope of work in the attached
contract in the not to exceed amount of $490,000:
• Demolition permitting
• Proper disposal of hazardous materials including asbestos and household hazardous waste
• Disconnection and/or proper abandonment of utilities including electric, water, gas, septic,
wells, and sewer.
• Final site stabilization and grading
It is anticipated the not to exceed amount will be sufficient. However, if it is not, the contract can be
amended with mutual agreement among the parties.
Monroe County has contracted with multiple vendors to implement the VHBP with funds
reimbursed through the CDBG-DR program, including: Grant Management Services, Appraisal
Services, Survey Services, Environmental and Historical Review Services, and Real Estate and
Closing Services.
PREVIOUS RELEVANT BOCC ACTION:
On July 17, 2019, the BOCC approved a request to advertise a solicitation for Demolition, Removal
and Disposal Services (Agenda Item L7)
On July 22, 2019, the BOCC approved the CDBG-DR VHBP grant application to DEO (Agenda
Item B.1).
On May 20, 2020, the BOCC approved Resolution 150-2020 allowing the county to execute the
CDBG-DR VHBP Subrecipient Agreement with DEO and authorizing staff to implement the
program (Agenda Item D.2).
CONTRACT/AGREEMENT CHANGES:
Voluntary Home Buyout Program Demolition, Removal and Disposal Services
STAFF RECOMMENDATION: APPROVAL.
DOCUMENTATION:
VHBP RFP DEMO Services FINAL
Bid Tabulation Sheet pdf
VHBP DEMO Cost Estimates and Bid Amts
VHBP Demolition Removal Disposal Services contract -vendor signed
2022 01 COI Toppino signed
FINANCIAL IMPACT:
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F.3
Effective Date: Effective upon execution by Monroe County
Expiration Date: Two years from effective date
Total Dollar Value of Contract: $490,000
Total Cost to County: $0
Current Year Portion: NA
Budgeted: No
Source of Funds: CDBG-DR Voluntary Home Buyout Program
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: NA If yes, amount:
Grant: $ 15 Million CDBG-DR Voluntary Home Buyout Program Grant
County Match: $ 0
Insurance Required: COI included in vendor executed contract attached --Pollution Liability
and Asbestos Abatement will be provided as prior to clerks processing.
Additional Details: Bond included in vendor executed contract attached
REVIEWED BY:
Christine Hurley
Completed
05/27/2022 10:41 AM
Christine Limbert
Completed
05/27/2022 5:01 PM
Purchasing
Completed
05/31/2022 8:26 AM
Budget and Finance
Completed
05/31/2022 8:57 AM
Christine Limbert
Completed
05/31/2022 12:06 PM
Risk Management
Completed
05/31/2022 4:41 PM
Lindsey Ballard
Completed
05/31/2022 4:45 PM
Board of County Commissioners
Pending
06/15/2022 9:00 AM
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F.3.a
REQUEST FOR PROPOSALS FOR
Demolition, Removal and Disposal Services
for the Community Block Grant -Disaster Recovery (CDBG-DR)
Voluntary Home Buyout Program
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tern Craig Cates, District 1
Commissioner Michelle Coldiron, District 2
Vacant, District 3
Commissioner Holly Raschien, District 5
COUNTY ADMINISTRATOR
ROMAN GASTESI
March 2022
CLERK OF THE CIRCUIT COURT
KEVIN MADOK
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F.3.a
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Wednesday, April 20, 2022, at 3:00 P.M., the Monroe
County Purchasing Office will receive and open sealed responses for the following:
DEMOLITION, REMOVAL AND DISPOSAL SERVICES FOR THE
COMMUNITY BLOCK GRANT - DISASTER RECOVERY (CDBG-DR)
VOLUNTARY HOME BUYOUT PROGRAM
MONROE COUNTY, FLORIDA
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridgpublicnotices.com, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar at
www.demandstar.comORwww.monroecountyids.com. The Public Record is available upon request.
Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt
to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT
be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-
BM52monroecounty-fl.goy, no later than 3:OOP.M., on April 20, 2022. Please submit your
confidential financial information in a SEPARATE EMAIL from your bid and required documents. Your
subject line on both emails must read as follows:
Demolition, Removal and Disposal Services for the Community Block Grant — Disaster Recovery
(CDBG-DR) Voluntary Home Buyout Program 04/20/2022
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size
that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected
due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please
email: goDmb-purchzisiLng@monroecounty-fl.gov.The bid opening for this solicitation will be held
virtually, via the internet, at 3:00 P.M., on April 20, 2022. You may call in by phone or internet using
the following:
Join Zoom Meeting
htt s://mcbocc®zoom.us/r/45093 6156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156(New York)
+16699006833„4509326156(SanJose)
Dial by your location:
+1 646 518 9805 (New York)
+1 669 900 6833 (San Jose)
Publication dates:
Citizen: Saturday, 03/19/2022
Keys Weekly: Thursday, 03/17/2022
News Barometer: Friday, 03/18/2022
Miami Herald: Wednesday, 03/16/2022
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F.3.a
TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS
SECTION ONE Instructions to Respondents & Scope of Work
SECTION TWO Draft Contract
SECTION THREE County Forms
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F.3.a
SECTION ONE: INSTRUCTIONS TO RESPONDENTS
1. Objective of the Request for Proposals/Scope of Services
Demolition, Removal and Disposal Services: The project consists of Demolition, Removal and
Disposal services for homes and associated residential structures purchased by the County under
the Voluntary Home Buyout Program (VHBP). The services shall be accomplished in a manner
consistent with all County, State and Federal laws, codes, regulations and environmental
standards. These parcels may contain intact residences, partial or damaged residences to be
demolished which may be located anywhere in the unincorporated portions of the County within
the Florida Keys. The demolition must include permitting by the appropriate agencies, the proper
disconnection and abandonment of all utilities, and the proper remediation/abatement and
disposal of hazardous materials (including asbestos and Household Hazardous Waste).
The successful respondent shall provide or obtain all equipment, personnel licenses and permits
to demolish, remove and dispose of structure materials, which may include hazardous materials,
in a safe, efficient and professional manner. The project will be made up of individual
addresses/residential parcels where demolition, removal and disposal are needed. The
successful respondent will be required to manage the project from beginning to end, including the
permitting, scheduling, labor, monitoring, provisions of necessary equipment and progress
reporting to the County designee. The selected contractor is responsible for evaluating the
demolition, removal and disposal cost based upon the site visit and responding in writing with a
quotation for the job, a description of the job, the time the contractor can begin the job and the
time necessary to complete the job. The project approach shall include a projected timeline for
project implementation and key milestones.
Task Orders will be issued containing a specific address or group of addresses, a description of
the services to be performed at each address, the time period within which services must be
performed ("Completion Date") and the estimated cost based upon the agreed upon rates for the
services to be performed under this contract. The COUNTY will provide asbestos testing results
and any conditions required by Florida Division of Historical Resources (including archeological)
and/or the Monroe County Historic Preservation Commission with the Task Order. Within ten
(10) days of receipt of a fully executed Task Order, the CONTRACTOR must complete a site
inspection and provide a written response to the COUNTY including a quote for the cost of the
job in accordance with the pricing and rates set forth in this agreement, and a schedule to begin
and complete the job. The CONTRACTOR's written response shall be incorporated into a written
Notice to Proceed issued by the COUNTY. The CONTRACTOR shall commence work on the
services provided for in this Agreement promptly upon receipt of a written Notice to Proceed from
the COUNTY. The Notice to Proceed will be issued in accordance with the Task Order. At no
time shall the CONTRACTOR commence work without written authority from the COUNTY.
Vendors should expect that services must be completed no later than 45 calendar days of
issuance of the County's Notice to Proceed to conduct services on a given property.
The CONTRACTOR shall document its progress in performing its work under this Agreement and
report its progress to the County twice per month or upon request in the format requested by the
County . The monthly reports will include current status of each demolition and the expenditure
of funds to date. The CONTRACTOR will also provide information as requested by the County
for compliance of Section 3 of the Housing and Urban Development Act of 1668, and required
completion of the Section 3 Summary Report (HUD-60002).
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F.3.a
These services will be funded under the Federally -Funded Subrecipient Agreement between the
County and the Florida Department of Economic Opportunity (DEO), and attached hereto as
Exhibit A. The selected CONTRACTOR is bound by the terms and conditions of the County's
Subrecipient Agreement with DEO, attached herein. The COUNTY will report the
CONTRACTOR's progress to DEO in accordance with the Federally -Funded CDBG-DR VHBP
Subrecipient Agreement.
The CONTRACTOR is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the
work.
2. Background Information
The U.S. Department of Housing and Urban Development (HUD) allocated Community
Development Block Grant Disaster Recovery (CDBG-DR) funds to the State of Florida
Department of Economic Opportunity (DEO) to be distributed in the Federal Emergency
Management Agency (FEMA) declared counties impacted by Hurricane Irma for activities
authorized under Title I of the Housing and Community Development Act of 1974 (42 United
States Code (U.S.C.) 5301 et seq.) and described in the State of Florida Action Plan for Disaster
Recovery. The Rebuild Florida VHBP was created to encourage risk reduction through the
purchase of residential property in high flood -risk areas to help reduce the impact of future
disasters.
Monroe County will use CDBG-DR funds to principally benefit low- and moderate -income persons
in a manner that ensures that at least seventy percent (70%) of the grant amount awarded is
expended for activities that benefit such persons. Funds will be used to implement the VHBP. The
VHBP will meet the Low- Moderate -Income (LMI) Area Benefit, and the Low- to Moderate -Income
Housing (LMH) National Objective. To meet the LMI Area Benefit, the properties acquired through
buyouts will be used in a way that benefits all the residents in an area where at least 51 percent
of the residents are low- and moderate -income persons.
The County will create a VHBP to encourage risk reduction through the acquisition of residential
property in high flood risk areas. For all properties acquired by the County through the Voluntary
Home Buyout Program, a restrictive covenant must be recorded upon closing of the transaction
that will limit all future development of the site to recreation, green space, or flood control uses in
perpetuity.
The VHBP will meet the following goals:
1. Acquire properties that were impacted by Hurricane Irma and convert the property to
recreation, green space, and/or flood control uses in perpetuity.
2. Provide mitigation to the County against future flood damages, effects of sea level rise,
and health and safety risks for owners and rescuers.
3. Reduce repetitive subsidized flood insurance payments and federal disaster
assistance.
Monroe County, with support from the contracted vendor, will conduct all program, design, and
implementation services necessary to mobilize/launch a comprehensive VHBP to reduce long-
term community risk.
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F.3.a
Monroe County was declared the most impacted and distressed county as a result of Hurricane
Irma and was allocated through DEO $15 Million to implement the VHBP. The County solicits
responses from qualified and experienced individuals or firms to provide demolition, removal, and
disposal services for the VHBP through a Services Contract.
3. Evaluation Criteria
Each proposal will be reviewed, and consideration will be given to each of the following criteria:
• Qualifications of Staff; demonstrate internal capacity to handle project, and resources to
effectively and efficiently execute all program elements in a timely manner.
Ability to provide services listed, including any experience with governmental programs,
CDBG Program and/or land acquisition programs.
Price: Unit Prices for demolition, removal and disposal for mobile/manufactured
homes/CBS built/wood frame built homes with residential accessory structures (including
permitting and disconnection of utilities); Unit price for removal/disposal of Asbestos, lead,
Household Hazardous Waste and other hazardous materials as required per State of
Florida and federal regulations, Unit Price for septic tank removal and abandonment; Unit
Price for well abandonment, Price for disconnection of any utilities if no residential
structures are present; Price for site stabilization including backfill, grading and sodding;
Prices for other items as appropriate
• Project Approach, Quality & Schedule Control
• Related Experience with similar projects
4. Content of Submission
The proposal offered in response to this Request for Proposals (RFP) shall be submitted via
email to OMB -BIDS monroecounty-fl.gov. Statements submitted without the required
information will not be considered. Responses shall be organized as indicated below. The
Respondent should not withhold any information from the written response in anticipation of
presenting the information orally or in a demonstration, since oral presentations or
demonstrations may not be solicited. Each Respondent must submit adequate
documentation to certify the Respondent's compliance with the County's requirements.
Respondent should focus specifically on the information requested.
5. Format.
The response, at a minimum, shall include the following:
A. Cover Pane,
A cover page that states "PROPOSAL FOR DEMOLITION, REMOVAL AND DISPOSAL
SERVICES" must be included. The cover page should contain Respondent's name,
address, telephone number, and the name and email address of the Respondent's contact
person(s).
ffl
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F.3.a
B. Tabbed Sections
Tab 1. Executive Summary
The Respondent shall provide a narrative of the firm's qualities and capabilities that
demonstrates how the firm will work with the County to fulfill the requirements of this
Project. Describe the firm's methods of providing Services listed in Section One, both in
the office and at locations in the County.
Tab 2. Relevant Experience
The Respondent shall provide a project history of the firm or organization demonstrating
experience with projects that are similar in scope and size to the proposed Project within
the last ten (10) years.
Tab 3. Past Performance on Similar Projects
The Respondent shall provide a list of past projects indicating the following:
• Name and full address of the referenced project client
• Name and telephone number of client contact for referenced project
• Date of initiation and completion of contract
• Summary of the project and services including contract amounts and/or number of
clients served
Tab 4. Project Approach
The Respondent shall describe the approach and methodology it will use to accomplish
the work defined herein. The project approach shall include information on schedule and
availability where applicable. The vendors will be required to comply with all laws, rules
and regulations effecting the Scope of Work set forth herein.
Tab 5. Staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of persons with
an interest in the firm. The Respondent shall provide the same information for any
subcontractors.
The Respondent shall include a list of the proposed staff that will perform the work required
if awarded this contract. An organizational chart and management plan should be included
in this section. The Respondent shall also include minimum qualifications for each class
of employee of the project team and identify his/her role on the team. Include in this section
the location of the main office and the location of the office proposed to work on this
project.
Tab 6. Other Information
Respondent shall provide any additional project experience that will give an indication of
the Respondent's overall abilities.
M
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F.3.a
Tab 7. Project Budget
Respondent shall provide Prices inclusive of all charges in the table provided
below. Please complete the table and make any changes or notes required to
provide the requested costs. Add additional lines to the table as needed.
CATEGORY
DESCRIPTION OF WORK
UNIT OF MEASURE
UNIT PRICE
Demolition, Removal and Disposal of
Structure Square Foot
Demolition — to include
a Manufactured or Mobile Home
permitting, demolition,
Demolition, Removal and Disposal of
Structure Square Foot
removal and disposal of
a CBS home
all residential structures
and associated
accessory structures
Demolition, Removal and Disposal of
a Frame home
Structure Square Foot
(fences, mailboxes,
Remediation, Abatement and
Structure Square Foot
driveways, marginal
Clearance of asbestos
docks, pools, tikis,
slabs, debris, etc) and
disconnection and/or
Remediation, Removal and Disposal
of all hazardous materials including
abandonment of all
Household Hazardous Waste
utilities
Demolition, Removal, Disposal and/or
Per septic system
Abandonment of Septic Systems
Demolition of piling
Demolition, Removal, Disposal of in-
Specify unit, such as
supported in -water
water structures (if not included in the
Structure Linear Foot or
structures
Demolition rates above)
Structure Square Foot
Grading (if not included in Demolition
Square Foot of area of
rates above)
disturbance subject to
demolition activities
Backfill (if needed and if not included
Square Foot of area of
Site Stabilization
in Demolition rates above)
disturbance subject to
demolition activities
Bahia Sod
Square Foot of area of
disturbance subject to
demolition activities
Electric
Utility disconnection
and/or abandonment (if
Propane
Wells
no structures requiring
demolition are on the
property)
Water
Sewer
Vegetation/Tree removal (if required
Additional Costs
to complete the demolition and
included in a permit)
Other Costs (please
indicate any other
anticipated costs)
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F.3.a
Tab 8. Financial Information and Litigation
The Respondent will provide the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the stock
or, if a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; or, if a solely owned proprietorship, names(s) of
owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction
services called for in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and
any prior names;
(5) A print out of the "Detail by Entity Name" screen from the Respondent's listing in
www.sunbiz.or�;
(6) A copy of the Respondent's Annual Report that is submitted to the Florida
Secretary of State;
(7) Answers to the following questions regarding claims and suits:
a) Has the person, principals, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? Yes or no. If
yes, provide details;
b) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or
general partners? Yes or no. If yes, provide details;
c) Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within
the last five years, been a party to any lawsuit, arbitration, or mediation with
regard to a contract for services, goods or construction services similar to those
requested in the specifications with private or public entities? Yes or no. If yes,
provide details;
d) Has the person, principal of the entity, or any entity previously owned, operated
or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county
in connection with a contract to provide services, goods or construction
services? Yes or no. If yes, provide details;
e) Whether, within the last five years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was
an officer, director, general partner, principal, controlling shareholder or major
creditor of any other entity that failed to perform services or furnish goods similar
to those sought in the request for competitive solicitation;
(8) Customer references (minimum of three), including name, current address and
current telephone number;
(9) Credit references (minimum of three), including name, current address and current
telephone number;
(10) Audited financial statements for the prior three years for the responding entity or
for any entity that is a subsidiary to the responding entity.
The County reserves the right to request additional information related to the financial
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F.3.a
qualifications, technical competence, the ability to satisfactorily perform within the contract
time constraints, or other information the County deems necessary to enable the
department and Board of County Commissioners to determine if the person responding is
responsible.
Tab 9. County Forms
Respondent shall complete and execute the forms specified below and located in this
RFP, as well as copies of all insurance and occupational licenses and shall include them
in this section, Tab 9:
Forms
Submission Response Form
Lobbying and Conflict of Interest Ethics Clause Non -Collusion Affidavit
Drug Free Workplace Form Public Entity Crime Statement
Request of Waiver of Insurance Requirements (optional)
Minority Owned Business Declaration Form
Vendor Certification regarding scrutinized companies Lists
Certification Regarding Disbarment
Anti -Lobbying Certification Form
Disclosure Form to Report Lobbying (Form-LLL)
COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Proposals.
6. SUBMISSION OF RESPONSES
Monroe County Purchasing Department receives bids electronically. Please do not mail
or attempt to deliver in person any sealed bids. Mailed/physically delivered
bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing
Department hereby directs that bids be submitted via email to: OMB-BIDSMonroeCounty-
I. ov no later than 3 pm on April 20, 2022. Please submit your confidential financials in a
separate email from your bid and required documents. Your subject line on both emails must
read as follows:
Demolition, Removal and Disposal Services for the Community Block Grant —
Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program 04/20/2022
Files that do not contain this subject line WILL BE REJECTED. Please note that the
maximum file size that will be accepted by email is 25MB. Please plan accordingly to
ensure that your bid is not rejected due to the file size. Should your bid documents
exceed 25MB, in advance of the bid opening, please email:
I
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F.3.a
The bid opening for this solicitation will be held virtually via the internet at 3 pm on April 20,
2022. You may call in via phone or internet using the following:
Join Zoom Meeting
htt�s://mcbocc.zoom.us/ /4509326156
Meeting ID: 450 932 6156
One tap mobile
+16465189805„4509326156# US (New York)
+16699006833„4509326156# US(San Jose)
Dial by your location
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
A public notice will be issued regarding the Selection Committee meeting and how to attend
that meeting virtually.
Interested firms or individuals are requested to indicate their interest by submitting a proposal
via email to OMB -BIDS monroecounty I.gov, which must be received on or before 3:00
P.M. local time on April 20, 2022. No proposals will be accepted after 3:00 P.M. Faxed
proposals shall be automatically rejected. It is the sole responsibility of each Respondent to
ensure its proposal is received in a timely fashion.
Each Respondent shall submit with his Response the required evidence of his qualifications
and experience.
7. DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all
participants in such collusion shall be rejected, and no participants in suchcollusion
will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit
a proposal on a contract to provide any goods or services to a public entity, may
not submit a proposal on a contract with a public entity for the construction or repair
of a public building or public work, may not submit Proposals on leases or perform
work as a contractor, supplier, subcontractor, or contractor under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
Category Two: $35,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his/her proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with
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F.3.a
his/her bid or proposal. Failure to complete this form in every detail and submit it
with the bid or proposal may result in immediate disqualification of the bid or
proposal.
E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting
a proposal for, or entering into or renewing a contract for goods or services of any
amount if, at the time of contracting or renewal, the company is on the Scrutinized
Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida
Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes,
also prohibits a company from bidding on, submitting a proposal for, or entering
into or renewing a contract for goods or services of $1,000,000 or more, that are
on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector Lists which were
created pursuant to s. 215.473, Florida Statutes, or is engaged in business
operations in Cuba or Syria.
F. The CONTRACTOR shall not be a debarred or suspended entity in accordance
with 24 CFR 570.489(1). Any debarred or suspended entity shall be disqualified.
8. EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP and other contract documents
and inform himself/herself thoroughly regarding any and all conditions and
requirements that may in any manner affect cost, progress, or performance of the
work to be performed under the contract. Ignorance on the part of the Respondent
shall in no way relieve him/her of the obligations and responsibilities assumed under
the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the County.
9. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFP and
contract documents. Any inquiry or request for interpretation received in writing ten (10) or
more days prior to the date fixed for opening of responses will be given consideration.
Questions should be directed, in writing, to:
All such changes or interpretation will be made in writing in the form of an addendum and, if
issued, will be posted on DemandStar and a notification will be furnished to all known
prospective Respondents listed as planholders prior to the established Proposal opening
date. Each Respondent shall acknowledge receipt of such addenda in his/her Proposal. In
case any Respondent fails to acknowledge receipt of such addenda or addendum, his/her
response will nevertheless be construed as though it had been received and acknowledged
and the submission of his/her response will constitute acknowledgment of the receipt of
same. All addenda are a part of the contract documents and each Respondent will be bound
by such addenda, whether or not received by him/her. It is the responsibility of each
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Respondent to verify that he/she has received all addenda issued before responses are
opened.
10. GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, professional license requirements and
regulations that in any manner affect the work. Knowledge of occupational license
requirements and obtaining such licenses for Monroe County and municipalities within
Monroe County are the responsibility of the Respondent.
The following federal laws and regulations will apply to this Agreement: 24 CFR 570, 2 CFR
200 Part 200- Uniform Administrative Requirements, cost Principals and Audit Requirements
for Federal Awards (links Attached as Exhibit B), and Federal Register Guidance (82 FR
5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844. Also Attached
are links to 2 CFR Part 200 (Links are set forth in Exhibit B).
All funded activities under this agreement shall meet one of the three National Objectives
listed in 24 C.F.R. 570.483(b), (c), and (d).
The Community Development Block Grant — Disaster Recovery (CDBG-DR) allocation to the
State of Florida is governed by the following laws and regulations:
(a)The Housing and Community Development Act of 1974;
(b)Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C.5155), as amended;
(c)Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191
Duplication of Benefit
(d)Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 FR
71060) Public Law 113-2:
(e)Disaster Relief Appropriations Act, 2013 (at HR 152-34)
(f) The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013
(g)HUD Federal Register Notice at 78 FR 23578 published April 19, 2013
(h)HUD Federal Register Notice at 78 FR 76154 published December 16, 2013
(i) The applicable laws of the State of Florida; and
(j) By the laws and regulations promulgated by the State for the CDBG-DR program.
(k)ln addition to the citations noted, the CDBG-DR allocation is also subject to "cross -cutting"
Federal requirements referenced herein and contained in 2 CFR 200 Sub -part F — Exhibit B
Federal Changes
Contractor or Sub -recipient shall at all times comply with all applicable Federal regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in this Contract between the State of Florida Department of Economic Opportunity
and the Contractor or Sub -recipient, as such Federal regulations, policies, procedures and
directives may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.
Reference: (49 CFR Part 18)
11. PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
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provided for the signature. If the Respondent is an individual, the words "doing business as
or "Sole Owner" must appear beneath such signature. In
the case of a partnership, the signature of at least one of the partners must follow the firm
name and the words "Member of the Firm" should be written beneath such signature. If the
Respondent is a corporation, the title of the officer signing the Response on behalf of the
corporation must be stated along with the Corporation Seal Stamp and evidence of his
authority to sign the Response must be submitted. The Respondent shall state in the
response the name and address of each person having an interest in the submitting entity.
12. MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents via email as indicated in the Notice
of Request for Proposals and received prior to Proposal due date and time. Modifications
must be submitted via email to OMB-BIDS@monroecounty-fl.gov with the following in the
subject line of the email "Modification to Proposal — Monroe County Proposal for Demolition,
Removal and Disposal Services." Faxed modifications shall be automatically rejected.
13. RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
14. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Respondents names shall be read aloud as stated in the Notice of Request for Competitive
Solicitations. Monroe County's representative authorized to open the responses will decide
when the specified time has arrived, and no responses received thereafter will be considered.
No responsibility will be attached to anyone for the premature opening of a response not
properly identified. Respondents or their authorized agents are invited to be present via the
Zoom platform.
15. DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of responses, the selection committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total below. The contract
shall be awarded based on the following criteria:
• Qualifications of Staff; Demonstrate internal capacity to handle project, and
resources to effectively and efficiently execute all services. (20 points)
• Ability to Provide services listed, including experience with governmental
programs. (10 points)
• Prices (40 points)
• Project Approach, Quality & Schedule Control (10 points)
• Related Experience with similar projects (20 points)
The County reserves the right to reject any and all responses and to waive technical errors
M
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and irregularities as may be deemed best for the interests of the County. Responses that
contain modifications are incomplete, unbalanced, conditional, obscure, or that contain
additions not requested or irregularities of any kind, or that do not comply in every respect
with the Instruction to Respondent and the contract documents, may be rejected at the option
of the County.
16. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services based
on geographic area or other reasons, and to waive any informality in any response,
or to re -advertise for all or part of the work contemplated.
B. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
C. Subject to DEO approval, the recommendation of staff shall be presented to the
Board of County Commissioners of Monroe County, Florida, for final selection and
award of contract.
17. CERTIFICATE OF INSURANCE, INSURANCE REQUIREMENTS AND BONDS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days
after award of contract, with Monroe County BOCC listed as additional insured as indicated.
If the proper insurance forms are not received within the fifteen (15) day period, the contract
may be awarded to the next selected Respondent. Policies shall be written by companies
licensed to do business in the State of Florida and having an agent for service of process in
the State of Florida. Companies shall have an A.M. Best rating of VI or better. The required
insurance shall be maintained at all times while Respondent is providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $500,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $500,000
Commercial General Liability, including $300,000 Combined Single Limit
Premises Operation
Personal Injury Liability
Expanded Definition of Property Damage
* Coverage must include coverage for blanket contractual liability for the obligations assumed
under contract.
Vehicle Liability
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for owned, non -owned, leased and hired or borrowed vehicles and must
include coverage for blanket contractual liability for the obligations assumed under contract.
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$200,000 per Person, $300,000 per Occurrence, and $200,000 Property Damage or
$300,000 Combined Single Limit
Pollution Liability
$1,000,000 per Occurrence / $2,000,000 Aggregate which extends to the hauling of toxic
and hazardous material by motorized vehicles. In compliance with the Motor Carrier Act, the
policy should be reversed with an MCS-90 Endorsement, demonstrating financial
responsibility for spills and clean up. Any pollution exclusion limited coverage under this
policy shall be removed.
Asbestos Abatement Liability Insurance $2,000,000. If the policy is structured on a
"Claims Made Basis" the policy must contain a "Retroactive Date" of no later than the
commencement of work and will have an extended reporting period of four (4) years.
If any structure to be demolished or removed is located on or over water or the project will
require the use of watercraft, at the time the Task Order is awarded, the CONTRACTOR
shall obtain insurance to comply with the Jones Act and/or Longshoreman and Harbor
Workers' Compensation Act with limits sufficient to respond to the applicable state and/or
Federal statutes. In addition, watercraft liability insurance will be required. Jones
Act/Longshoreman Insurance coverage with minimum limits not less than those specified for
Employer's Liability. This coverage is for contractors doing work located on or over the water.
Watercraft Liability Insurance with minimum limits of $500,000 Combined Single Limit.
Monroe County shall be named as an "Additional Insured" on all policies, except for Workers'
Compensation, Employers Liability, Jones Act/Longshoreman and Harbor Workers
Compensation. The State of Florida shall be furnished with a certificate of insurance, which
shall provide that such insurance shall not be changed or canceled, without ten days prior
written notice to the State of Florida. Certificates of Insurance shall be delivered to the State
of Florida prior to the commencement of the agreement.
CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in
the commencement of work, resulting from the failure of the CONTRACTOR to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONTRACTOR'S failure to
provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONTRACTOR to maintain the required insurance shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as if the
work had not been suspended, except for the CONTRACTOR'S failure to maintain the
required insurance.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer. The acceptance and/or approval of the
CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any
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liability or obligation assumed under this contract or imposed by law
The CONTRACTOR shall furnish a Performance and Payment Bond in a form acceptable to
the COUNTY as a guarantee for the faithful performance of the Contract (including guarantee
and maintenance provisions) and the payment of all obligations arising thereunder. The
Performance and Payment Bond shall be in an amount at least equal to the contract price or
the individual Task Order. This contract is subject to the provisions of Section 255.05, Florida
Statutes, and 2 CFR 200.304 which are incorporated by reference herein. If contract or Task
Order amendments render the contract more than ten (10%) percent higher than the bond
amount, the CONTRACTOR shall increase the bond amount to cover the entire difference.
18. INDEMNIFICATION
The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless
the County as outlined below.
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all claims
for bodily injury, including death, personal injury, and property damage, including damage to
property owned by Monroe County, and any other losses, damages, and expenses of any
kind, including attorney's fees, court costs and expenses, which arise out of, in connection
with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s)
in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the
CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants or
agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify the County from any and all increased
expenses resulting from such delay. Should any claims be asserted against the County by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR shall hold
the County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration
for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract
DEO INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless
the Agency (COUNTY), the State of Florida, Department of Economic Opportunity, and its
officers and employees, from liabilities, damages, losses and costs, including, but not limited
to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by
the CONTRACTOR in the performance of this Contract.
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This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
Agency's (COUNTY's) sovereign immunity."
19. EXECUTION OF CONTRACT
The Respondent will be required to execute a contract with the County (draft attached) for
the services provided for in this RFP. The Respondent with whom a contract is negotiated
shall be required to return to the County the prescribed Contract together with the required
certificates of insurance.
20. BID PROTEST
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which must
be received by the County Attorney's Office within seventy-two (72) hours or three (3)
business days, whichever is less, after the posting of the notice of decision or intended
decision on DemandStar or posting of the notice of decision or intended decision on the
Monroe County Board of County Commissioners' ("BOCC") agenda, whichever occurs first.
Additionally, a formal written protest must be submitted in writing and must be received by
the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the
BOCC's meeting date in which the award of contract by the BOCC will be heard. The only
opportunity to address protest claims is before the BOCC at the designated public meeting
in which the agenda item awarding the contract is heard. In accordance with the Rules of
Debate as set forth in the Monroe County Board of County Commissioners Administrative
Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for
providing the Clerk with his/her name and residence prior to the agenda item to award the
contract being called in order to preserve their opportunity to be heard on this matter. An
individual has three (3) minutes to address the Commission and a person representing an
organization has five (5) minutes to address the Commission. The BOCC decision to award
the contract is final and at their sole discretion. Failure to timely protest within the times and
manner prescribed herein shall constitute a waiver of the ability to protest the award of
contract, unless the BOCC determines that it is in the best interest of the County to excuse
the protest waiver. The filing of a protest shall not stop the solicitation, negotiations, or
contract award process, unless it is determined that it is in the best interest of the County to
do so.
END OF SECTION ONE
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SECTION TWO: DRAFT CONTRACT
AGREEMENT FOR
Demolition, Removal and Disposal Services
This Agreement ("Agreement") made and entered into this day of 2021 by and between
Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through
the Monroe County Board of County Commissioners ("BOCC"),
a
is
hereinafter referred to as "CONTRACTOR",
_►I
of the State of
WITNESSETH:
, whose address
its successors and assigns,
WHEREAS, COUNTY desires to employ the services of CONTRACTOR for Demolition, Removal
and Disposal Services; and
WHEREAS, CONTRACTOR has agreed to provide services which shall include but not be limited
to providing Demolition, Removal, and Disposal Services, which services shall collectively be referred
to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,
COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder
have been fully satisfied;
1.1.2 The CONTRACTOR will become familiar with the Project, Project site and the local conditions
under which the work is to be completed;
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1.1.3 The CONTRACTOR shall prepare all documentation and invoices required by this Agreement
in such a manner that they shall be accurate, coordinated and adequate for use in verifying
work completed by CONTRACTORs and associated costs and shall be in conformity and
comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies, therefore
eliminating any additional cost due to missing or incorrect information;
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regards to his
performance and those directly under his employ.
1.1.5 The CONTRACTOR shall document its progress in performing its work under this Agreement
and report its progress to the County twice per month or upon request in the format requested
by the County. The monthly reports will include current status of each demolition and the
expenditure of funds to date. The CONTRACTOR will also provide information as requested
by the County for compliance of Section 3 of the Housing and Urban Development Act of 1668,
and required annual completion of the Section 3 Summary Report (HUD-60002). The COUNTY
will report the CONTRACTOR's progress to DEO in accordance with the Federally -Funded
CDBG-DR Voluntary Home Buyout Program Subrecipient Agreement.
1.1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those now
in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the
CONTRACTOR.
1.1.7 At all times and for all purposes under this agreement the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County or
the State of Florida. No statement contained in this agreement shall be construed so as to find
the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County or the State of Florida.
1.1.8 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
1.1.9 The effective date of this AGREEMENT shall be 2022. The term of the
AGREEMENT shall be for a two-year period, unless otherwise terminated as provided herein.
The COUNTY shall have the option of extending the AGREEMENT for up to two (2) years at
the same terms and conditions with approval of the COUNTY'S governing board. Such
extension(s) shall be in the form of a written Amendment to the AGREEMENT, shall specify
the increment and shall be executed by both parties.
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ARTICLE II
0 a a = ' `� • `�
2.1 DEFINITION
CONTRACTOR's Scope of Basic Services consists of those described in Attachment A. The period of
performance or date of completion, and performance requirements shall be included in Attachment A. In
accordance with this contract, Task Orders will be issued containing a specific address or group of
addresses, a description of the services to be performed at each address, the time period within which
services must be performed ("Completion Date") and the estimated cost based upon the agreed upon
rates for the services to be performed under this contract. The County will provide asbestos testing
results and any conditions required by Florida Division of Historical Resources (SHPO) and/or the Monroe
County Historic Preservation Commission (MCPHC) with the Task Order. Within ten (10) days of receipt
of a fully executed Task Order, the CONTRACTOR must complete a site inspection and provide a written
response to the COUNTY including a quote for the cost of the job in accordance with the pricing and
rates set forth in this agreement, and a schedule to begin and complete the job. The Contractor's written
response shall be incorporated into a written Notice to Proceed issued by the COUNTY. The
CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon
receipt of a written Notice to Proceed from the COUNTY. The Notice to Proceed will be issued in
accordance with the Task Order. At no time shall the CONTRACTOR commence work without written
authority from the COUNTY. CONTRACTOR should expect that services must be completed no later
than 45 calendar days of issuance of the County's Notice to Proceed to conduct services on a given
property.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, or
deficiencies in the work product of the CONTRACTOR or its subcontractors, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized representative of
the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the
following:
Cynthia Guerra, Acquisition Manager, VHBP Housing Coordinator
Monroe County Planning and Environmental Resources
102050 Overseas Highway
Key Largo, Florida 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONTRACTOR:
TBD/ Include upon Award of Contract
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ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III may be provided by the CONTRACTOR (which are set
forth below for example purposes only) and are not included in Basic Services. If requested by the
COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but
should be in accordance with the agreed upon rates and only if approved by the COUNTY before
commencement.
A. Providing services of CONTRACTOR for other than the previously listed scope of work for the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted demolition, removal and disposal services.
If Additional Services are required, such as those listed above, the COUNTY shall issue a letter
requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR
shall respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the
CONTRACTOR proceed with the additional services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work and any available maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the
Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to
documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly
and sequential progress of the CONTRACTOR's services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR
if they become aware of any fault or defect in the Project or non- conformance with the Agreement
Documents. Written notice shall be deemed to have been duly served if sent pursuant to
paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render approvals and
decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR's services
and work of other Contractors.
4.5 The COUNTY shall provide copies of necessary documents required to complete thework.
4.6 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate
access to will be provided as requested.
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ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by Monroe
County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs
and expenses, which arise out of, in connection with, or by reason of services provided by
CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful
act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants
and agents.
In the event that the completion of the project (to include the work of others) is delayed or suspended as
a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay.
Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that
CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and
shall further defend any claim or action on the COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement
DEO INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Agency
(COUNTY), the State of Florida, Department of Economic Opportunity, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR
and persons employed or utilized by the CONTRACTOR in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign
immunity."
ARTICLE VI
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project.
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ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance
of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. The
maximum amount due to CONTRACTOR shall not in any event exceed the aggregate spending cap
in this Agreement, which is $490,000.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein,
the CONTRACTOR shall be paid monthly.
A) The CONTRACTOR will provide a quote for the cost of the job to the COUNTY in writing and the time
in which the CONTRACTOR can respond and complete the job. CONTRACTOR is not authorized
to undertake a job without the prior written Notice to Proceed from the COUNTY and no
compensation shall be paid without prior written authorization of the COUNTY.
B) The CONTRACTOR is responsible for evaluating the demolition, removal and disposal cost based
upon the site visit and responding in writing with a c o s t quotation for the job, a description of
the job, the time the CONTRACTOR can begin the job and the time necessary to complete
the job. It will be the CONTRACTOR's responsibility to pay any disposal fees at the transfer
station. CONTRACTOR shall include, in any cost quotation, the cost of disposal at an approved dump
site. CONTRACTOR shall be required to provide disposal receipts along with any invoices for the
work.
C) The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by
the CONTRACTOR and the COUNTY in a written Notice to Proceed prior to the commencement
of the work.
D) Contractor shall complete all demolition activities within 45 days of the county issuing a Notice to
Proceed to the contractor.
(a) If the Contractor anticipates an inability to meet the deadline due to circumstances outside of
their control, then the Contractor must submit in writing requests for extension to the County. Within
five business days of receipt, the County will notify the Contractor of Approval, Denial, or request for
additional documentation
(b) If the Contractor fails to meet the 45 day deadline, then the Contractor will be charged $50 per
day in liquidated damages until the scope of work is complete.
E) If the CONTRACTOR's duties, obligations and responsibilities are materially changed by amendment
to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall
be equitably adjusted, either upward or downward;
F) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit
a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable
expenses, if any, due hereunder. The CONTRACTOR's invoice shall describe with reasonable
particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at the COUNTY may
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require, including but not limited to back up documentation sufficient for reimbursement of expenses
by Florida Department of Economic Opportunity, U.S. Department of Housing and Urban
Development or other governmental agencies.
G) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida
Statute.
a. REIMBURSABLE EXPENSES
Unit Prices shall be inclusive of all reimbursable
demolition cost may be reimbursed by the COUNTY
the COUNTY.
b. BUDGET
expenses. Costs that exceed the standard
upon written justification that is agreed to by
i.The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any
fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October
1 September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only
be modified by an affirmative act of the COUNTY's Board of County Commissioners.
ii.The COUNTY's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of the Board
members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE AND BONDS
The Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of
contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance
forms are not received within the fifteen (15) day period, the contract may be awarded to the next
selected Respondent. Policies shall be written by companies licensed to do business in the State of
Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M.
Best rating of VI or better. The required insurance shall be maintained at all times while Respondent is
providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $500,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $500,000
Commercial General Liability, including $300,000 Combined Single Limit
Premises Operation
Personal Injury Liability
Expanded Definition of Property Damage
* Coverage must include coverage for blanket contractual liability for the obligations assumed under
contract.
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F.3.a
Vehicle Liability
Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for owned,
non -owned, leased and hired or borrowed vehicles and must include coverage for blanket contractual
liability for the obligations assumed under contract. $200,000 per Person, $300,000 per Occurrence,
and $200,000 Property Damage or $300,000 Combined Single Limit
Pollution Liability
$1,000,000 per Occurrence / $2,000,000 Aggregate which extends to the hauling of toxic and hazardous
material by motorized vehicles. In compliance with the Motor Carrier Act, the policy should be reversed
with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean up. Any
pollution exclusion limited coverage under this policy shall be removed.
Asbestos Abatement Liability Insurance $2,000,000. If the policy is structured on a "Claims Made
Basis" the policy must contain a "Retroactive Date" of no later than the commencement of work and will
have an extended reporting period of four (4) years.
If any structure to be demolished or removed is located on or over water or the project will require the
use of watercraft, at the time the Task Order is awarded, the CONTRACTOR shall obtain insurance to
comply with the Jones Act and/or Longshoreman and Harbor Workers' Compensation Act with
limits sufficient to respond to the applicable state and/or Federal statutes. In addition, watercraft liability
insurance will be required. Jones Act/Longshoreman Insurance coverage with minimum limits not less
than those specified for Employer's Liability. This coverage is for contractors doing work located on or
over the water. Watercraft Liability Insurance with minimum limits of $500,000 Combined Single Limit.
Monroe County shall be named as an "Additional Insured" on all policies, except for Workers'
Compensation, Employers Liability, Jones Act/Longshoreman and Harbor Workers Compensation. The
State of Florida shall be furnished with a certificate of insurance, which shall provide that such insurance
shall not be changed or canceled, without ten days prior written notice to the State of Florida. Certificates
of Insurance shall be delivered to the State of Florida prior to the commencement of the agreement.
CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the
commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence
of the required insurance, shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR'S failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been reinstated or replaced.
Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S
failure to maintain the required insurance.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract
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F.3.a
or imposed by law.
The CONTRACTOR shall furnish a Performance and Payment Bond in a form acceptable to the
COUNTY as a guarantee for the faithful performance of the Contract (including guarantee and
maintenance provisions) and the payment of all obligations arising thereunder. The Performance and
Payment Bond shall be in an amount at least equal to the contract price or the individual Task Order.
This contract is subject to the provisions of Section 255.05, Florida Statutes, and 2 CFR 200.304 which
are incorporated by reference herein. If contract or Task Order amendments render the contract more
than ten (10%) percent higher than the bond amount, the CONTRACTOR shall increase the bond
amount to cover the entire difference.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in
the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the CONTRACTOR.
9.3 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe County
and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
DEO directs that the CONTRACTOR or Sub-recipient/Monroe County shall not assign or transfer any
interest in this Agreement without the prior written consent of the Grantee/DEO thereto; provided,
however, that claims for money due or to become due to the contractors from the Grantee/DEO under
this contract may be assigned to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee/DEO.
9.4 NO THIRD -PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in
favor of, any third party.
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9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the
CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty
(30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY
retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for
cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at
the time and in the manner herein provided. In the event of such termination, prior to termination, the
COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-
721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any
time, upon one thirty (30) days' notice to CONTRACTOR. If the COUNTY terminates this agreement
with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under
this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract.
E. For Contracts of any amount, if the COUNTY determines that the CONTRACTOR has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized
Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the
option of (1) terminating the Agreement after it has given the CONTRACTOR written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the COUNTY determines that the CONTRACTOR submitted
a false certification under Section 287.135(5), Florida Statutes, or if the CONTRACTOR has been
placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in
Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given
the CONTRACTOR written notice and an opportunity to demonstrate the agency's determination of
false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining
the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
F. Termination
(a) The Federal award may be terminated in whole or in part as follows:
(1) By the Federal awarding agency or the State of Florida, if a CONTRACTOR or Sub -recipient
fails to comply with the terms and conditions of a Federal award;
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(2) By the Federal awarding agency or the State of Florida for cause;
(3) By the Federal awarding agency or the State of Florida with the consent of the
CONTRACTOR or Sub -recipient, in which case the two parties must agree upon the
termination conditions, including the effective date and, in the case of partial termination, the
portion to be terminated; or
(4) By the CONTRACTOR or Sub -recipient upon sending to the Federal awarding agency or
the State of Florida written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if
the Federal awarding agency or State of Florida determines in the case of partial termination
that the reduced or modified portion of the Federal award or sub -award will not accomplish the
purposes for which the Federal award was made, the Federal awarding agency or State of
Florida may terminate the Federal award in its entirety.
(b) When a Federal awarding agency terminates a Federal award prior to the end of the period of
performance due to the CONTRACTOR or Sub -recipient's material failure to comply with the Federal
award terms and conditions, the Federal awarding agency must report the termination to the OMB -
designated integrity and performance system accessible through System Award Management (SAM).
(1) The information required under paragraph (b) of this section is not to be reported to
designated integrity and performance system until the CONTRACTOR or Sub -recipient
either—
(i) Has exhausted its opportunities to object or challenge the decision, see §200.341
Opportunities to object, hearings and appeals; or
(ii) Has not, within 30 calendar days after being notified of the termination, informed the
Federal awarding agency that it intends to appeal the Federal awarding agency's
decision to terminate.
(2) If a Federal awarding agency, after entering information into the designated integrity and
performance system about a termination, subsequently:
(i) Learns that any of that information is erroneous, the Federal awarding agency must
correct the information in the system within three business days;
(ii) Obtains an update to that information that could be helpful to other Federal awarding
agencies, the Federal awarding agency is strongly encouraged to amend the information
in the system to incorporate the update in a timely way.
(3) Federal awarding agencies, shall not post any information that will be made publicly
available in the non-public segment of designated integrity and performance system that is
covered by a disclosure exemption under the Freedom of Information Act. If the
CONTRACTOR or Sub -recipient asserts within seven calendar days to the Federal awarding
agency who posted the information, that some of the information made publicly available is
covered by a disclosure exemption under the Freedom of Information Act, the Federal awarding
agency who posted the information must remove the posting within seven calendar days of
receiving the assertion. Prior to reposting the releasable information, the Federal agency must
resolve the issue in accordance with the agency's Freedom of Information Act procedures.
(c) When a Federal award is terminated or partially terminated, both the Federal awarding agency or
State of Florida and the CONTRACTOR or Sub -recipient remain responsible for compliance with the
requirements in 2 CFR 200.343 Closeout and 2 CFR 200.344 Post -closeout adjustments and
continuing responsibilities.
References: (2 CFR 200.339; 78 FR 78608, Dec. 26, 2013, as amended at 80 FR 43309, July 22,
2015)
9.6 CONTRACT DOCUMENTS
This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I -
IX), the CONTRACTOR's response to the RFP, the documents referred to in the Form of Agreement
as a part of this Agreement, and attachments A -Scope of Services and Pricing- Compensation and
in
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F.3.a
Rates, and modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR
will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto and may result in
debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no determination,
based on an audit, that it or any subcontractor has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing
an act defined as a "public entity crime" regardless of the amount of money involved or whether
CONUSULTANT has been placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is formally charged
with an act defined as a "public entity crime" or has been placed on the convicted vendor list.
9.8 MAINTENANCE AND RETENTION OF RECORDS, ACCESS TO RECORDS AND RIGHT TO
AUDIT
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained for a period of seven years from the termination of this agreement
or for a period of Three (3) years from the submission of the final expenditure report as per 24 CFR
§570.502(a)(7)(ii) and 2 CFR 200.333, whichever is greater. (See below Record Retention
Requirements). Any audit working papers must be available upon request for a period of six (6) years
from the date DEO issues the final closeout of the Federally Funded CDBG-DR Voluntary Home
Buyout Program Subrecipient Agreement, unless it is extended by DEO. Each party to this Agreement
or its authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement and for
four years following the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of
the Florida Statutes, running from the date the monies were paid by the COUNTY.
Record Retention Requirements: In accordance with 2 CFR 200.333, the CONTRACTOR agrees
financial records, supporting documents, statistical records, and all other CONTRACTOR records
pertinent to a Federal award shall be retained for a period of three years from the date of submission
of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the
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F.3.a
date of the submission of the quarterly or annual financial report, respectively, as reported to the
Federal awarding agency or the State of Florida in the case of a sub -recipient. Federal awarding
agencies and the State of Florida may not impose any other record retention requirements upon
CONTRACTOR. The only exceptions are the following:
(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records
must be retained until all litigation, claims, or audit findings involving the records have been
resolved and final action taken.
(b) When the CONTRACTOR or Sub-recipient/County is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for
indirect costs, or State of Florida to extend the retention period.
(c) Records for real property and equipment acquired with Federal funds must be retained for
three years after final disposition.
(d) When records are transferred to or maintained by the Federal awarding agency or the State
of Florida, the 3-year retention requirement is not applicable to the CONTRACTOR or Sub -
recipient.
Access to Records: The CONTRACTOR agrees that the Federal awarding agency, Inspector
General, the Comptroller General of the United States, and the State of Florida, or any of their
authorized representatives, have the right of access to any documents, papers, or other records of
the CONTRACTOR or Sub-recipient/Monroe County which are pertinent to the Federal award, in
order to make audits, examinations, excerpts, and transcripts. The right also includes timely and
reasonable access to the CONTRACTOR or Sub -recipient's personnel for the purpose of interview
and discussion related to such documents in accordance with 2 CFR 200.336
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project, which
shall include but not be limited to accounting records (hard copy, as well as computer readable data
if it can be made available; subcontract files (including proposals of successful and unsuccessful
bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated settlements);
backcharge logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence deemed
necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter
referred to as "County Clerk") to substantiate charges related to this Agreement, and all other
agreements, sources of information and matters that may in County's or the County Clerk's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under
or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open
to inspection and subject to audit and/or reproduction by County's representative and/or agents or
the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to,
counting employees at the job site, witnessing the distribution of payroll, verifying payroll
computations, overhead computations, observing vendor and supplier payments, miscellaneous
allocations, special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and CONTRACTORs' representatives. All
records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and activities relating to
this Project. If any auditor employed by the Monroe County or County Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03, F.S., running from the date the monies were paid to CONTRACTOR. The right to audit
provisions survives the termination of expiration of this Agreement.
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9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 161h Judicial Circuit,
Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This
Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
9.10 UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either party to perform its obligations under this Agreement will be excused to
the extent that the delay or failure was caused directly by an event beyond such party's control,
without such party's fault or negligence and that by its nature could not have been foreseen by such
party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area of the
Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or
other civil unrest in the geographic area of the Project; (d) government order or law in the geographic
area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the
Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR's financial inability to perform,
changes in cost or availability of materials, components, or services, market conditions, or supplier
actions or contract disputes will not excuse performance by CONTRACTOR under this Section.
CONTRACTOR shall give COUNTY written notice within Five (5) days of any event or circumstance
that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of
such Uncontrollable Circumstance. CONTRACTOR shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are
minimized and resume full performance under this Agreement. The COUNTY will not pay additional
cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek a no cost
Change Order for such reasonable time as the Owners Representative may determine.
9.11 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
9.12 ATTORNEYS FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of the
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an
award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
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9.13 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and
assigns.
9.14 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
law.
9.15 CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement. Any additional conditions
imposed as a result of funding that effect the Project will be provided to each party.
9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS, DIRECTIVE BY DEO ON BREACHES
AND DISPUTE RESOLUTION
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. The
CONTRACTOR and COUNTY staff shall try to resolve the claim or dispute with meet and confer
sessions. Subject to the Directive by DEO on Breaches and Dispute Resolution below, if the issue or
issues are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement
is not subject to arbitration. Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. This provision does not negate or
waive the provisions of paragraph 9.5 concerning termination or cancellation.
Directive by DEO on Breaches and Dispute Resolution
(a) Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the State
of Florida Department of Capital Planning and Resiliency's Administrator or designee. This
decision shall be final and conclusive unless within [ten (10)] calendar days from the date of
receipt of its copy, the CONTRACTOR or Sub -recipient mails or otherwise furnishes a written
appeal to Administrator or designee. In connection with any such appeal, the CONTRACTOR or
Sub-recipient/County shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of Administrator or designee shall be binding upon the
CONTRACTOR or Sub-recipient/County and the CONTRACTOR or Sub-recipient/County shall
abide by the decision.
(b) Performance During Dispute - Unless otherwise directed by to the State of Florida Department
of Capital Planning and Resiliency, CONTRACTOR or Sub-recipient/County shall continue
performance under this Contract while matters in dispute are being resolved.
(c) Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
(d) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the State of Florida Department of economic opportunity and
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the CONTRACTOR or Sub -recipient arising out of or relating to this agreement or its breach will
be decided by arbitration in the State of Florida Department of economic opportunity if the parties
mutually agree, or in a court of competent jurisdiction within the State in which the State of Florida
Department of economic opportunity is located.
(e) Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure
to act by the State of Florida Department of Capital Planning and Resiliency, Sub-
Recipient/County or CONTRACTOR shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
References: 49 CFR Part 18
9.17 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree
to participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services
under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; familial status or
age; 11) Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; 12) Section 109 of title
1 of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309); and 13) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
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Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R.
Part 200, Appendix II, ¶ C, agrees as follows:
1) The CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on
behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the CONTRACTOR's
legal duty to furnish information.
4) The CONTRACTOR will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible
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for further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event a
CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the administering agency the CONTRACTOR may request
the United States to enter into such litigation to protect the interests of the United States.
In accordance with the subrecipient Agreement with DEO the following equal employment
opportunity and civil right requirements apply:
a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
CONTRACTOR agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.
Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the future
affect construction activities undertaken in the course of the Project. The CONTRACTOR
agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex,
or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. In
addition, the CONTRACTOR agrees to comply with any implementing requirements HUD may
issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
CONTRACTOR agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the CONTRACTOR agrees to comply with any
implementing requirements HUD may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement
the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the CONTRACTOR agrees
to comply with any implementing requirements HUD may issue.
(References: Executive Order 11246 September 24, 1965 as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations 41 CFR
chapter 60)
d) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
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Federal transit law at 49 U.S.C. § 5332, the CONTRACTOR or Sub -recipient agrees that it
will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the CONTRACTOR or Sub -recipient
agrees to comply with applicable Federal implementing regulations and other implementing
requirements HUD may issue.
e) The CONTRACTOR or Sub -recipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders referenced
in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
f) The CONTRACTOR or Sub -recipient agrees to comply with Title VI of the Civil Rights Act
of 1964 as amended, Title VII I of the Civil Rights Act of 1968 as amended, Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as amended,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
(References: 29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112,42 U.S.C.
§ 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
9.19 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
9.20 CODE OF ETHICS CONFLICT OF INTEREST
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
CONTRACTOR certifies that there is no present conflict of interest, and that CONTRACTOR has
no knowledge of any conflict of interest. CONTRACTOR are expected to safeguard their ability to
make objective, fair, and impartial decisions when performing work for the COUNTY, and therefore
may not accept benefits of any sort under circumstances in which it could be inferred by a
reasonable observer that the benefit was intended to influence a pending or future decision of
theirs, or to reward a past decision. CONTRACTOR performing work for the COUNTY should
avoid any conduct (whether in the context of business, financial, or social relationships) which
might undermine the public trust, whether or not that conduct is unethical or lends itself to the
appearance of ethical impropriety. CONTRACTOR agrees not to solicit or accept gratuities,
unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and doing so may be contrary to
statutes, ordinances, and rules governing or applicable to the COUNTY or may otherwise be a
violation of the law.
Any person who is an employee, agent, consultant, officer, or elected official or appointed official
of the State of Florida, or of any of the State's subsidiaries, who exercises or have exercised any
functions or responsibilities with respect to CDBG activities assisted, or who are in a position to
participate in a decision making process or gain inside information with regard to such activities,
may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest
4.
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in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with
respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom
they have business or immediate family ties, during their tenure or for one year after such decision
making responsibilities have ended.
(Reference: 2 CFR 200.112)
9.21 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
9.22 PUBLIC ACCESS REQUIREMENTS, COPYRIGHT, PATENT, AND TRADEMARK PROPERTY
AND INTELLECTUAL PROPERTY.
Public Records Compliance. CONTRACTOR must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this
contract and related to contract performance. The COUNTY shall have the right to unilaterally
cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the
CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this
contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is
required to:
(1) Keep and maintain public records that would be required by the COUNTY to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the COUNTY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the CONTRACTOR does not transfer
the records to the COUNTY.
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(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONTRACTOR or keep and maintain public records that would be required
by the County to perform the service. If the CONTRACTOR transfers all public records to
the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of
the contract, the CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County, upon request from
the County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly
to the County, but if the County does not possess the requested records, the County shall
immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide
the records to the County or allow the records to be inspected or copied within a reasonable
time.
If the CONTRACTOR does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by the
CONTRACTOR. A CONTRACTOR who fails to provide the public records to the County or
pursuant to a valid public records request within a reasonable time may be subject to penalties
under section119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIANkMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
Copyright, Patent, Trademark Within 30 calendars days of execution of this Agreement, the
CONTRACTOR shall disclose all intellectual properties relating to performance of this Agreement
which he or she knows or should know could give rise to a patent or copyright. The CONTRACTOR
shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed.
Failure to disclose will indicate that no such property exists, and the County and DEO shall have
the right to all patents and copyrights which accrue during performance of the Agreement.
The State of Florida Department of economic opportunity reserves a royalty -free, nonexclusive,
and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
Federal Government purposes: The copyright in any work developed under the Contract, and to
any rights of copyright to which a Contractor, Sub -contractor or a Sub -recipient purchases
ownership with grant support.
(Reference: 24 CFR Subtitle A. 85.34 Copyrights)
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Intellectual property.
2 CFR §200.448-Intellectual property shall apply to this Agreement as set forth below:
(a) Patent costs.
(1) The following costs related to securing patents and copyrights are allowable:
(i) Costs of preparing disclosures, reports, and other documents required by the
Federal award, and of searching the art to the extent necessary to make such
disclosures;
(ii) Costs of preparing documents and any other patent costs in connection with the
filing and prosecution of a United States patent application where title or royalty -free
license is required by the Federal Government to be conveyed to the Federal
Government; and
(iii) General counseling services relating to patent and copyright matters, such as
advice on patent and copyright laws, regulations, clauses, and employee intellectual
property agreements (See also § 200.459 Professional service costs).
(2) The following costs related to securing patents and copyrights are unallowable:
(i) Costs of preparing disclosures, reports, and other documents, and of searching the
art to make disclosures not required by the Federal award;
(ii) Costs in connection with filing and prosecuting any foreign patent application, or
any United States patent application, where the Federal award does not require
conveying title or a royalty -free license to the Federal Government.
(b) Royalties and other costs for use of patents and copyrights.
(1) Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a
copyright, patent, or rights thereto, necessary for the proper performance of the Federal award
are allowable unless:
(i) The Federal Government already has a license or the right to free use of the patent
or copyright.
(ii) The patent or copyright has been adjudicated to be invalid, or has been
administratively determined to be invalid.
(iii) The patent or copyright is considered to be unenforceable.
(iv) The patent or copyright is expired.
(2) Special care should be exercised in determining reasonableness where the royalties may
have been arrived at as a result of less-than-arm's-length bargaining, such as:
(i) Royalties paid to persons, including corporations, affiliated with the non -Federal
entity.
(ii) Royalties paid to unaffiliated parties, including corporations, under an agreement
entered into in contemplation that a Federal award would be made.
(iii) Royalties paid under an agreement entered into after a Federal award is made to
a non -Federal entity.
(3) In any case involving a patent or copyright formerly owned by the non -Federal entity, the
amount of royalty allowed must not exceed the cost which would have been allowed had the
non -Federal entity retained title thereto.
9.23 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY be required to contain any provision for waiver.
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9.24 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY, when
performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
9.26 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither
the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was increased due to
inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments
must be made within one year following the end of the Agreement.
9.28 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
IN
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9.29 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
9.30 COMPLIANCE WITH LAWS AND REMEDIES FOR NONCOMPLIANCE
The CONTRACTOR shall comply with and is bound by all applicable Local, State, and Federal
laws, rules and regulations. The following federal laws and regulations will apply to this
Agreement: 24 CFR 570, 2 CFR Part 200- Uniform Administrative Requirements, cost Principals
and Audit Requirements for Federal Awards (links Attached as Exhibit B, and Federal Register
Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844.
All funded activities under this agreement shall meet one of the three National Objectives listed
in 24 C.F.R. 570.483(b), (c), and (d)
The Community Development Block Grant — Disaster Recovery (CDBG-DR) allocation to the
State of Florida is governed by the following laws and regulations:
a. The Housing and Community Development Act of 1974;
b. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C.5155), as amended;
c. Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191
Duplication of Benefit
d. Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 FR 71060)
Public Law 113-2:
e. Disaster Relief Appropriations Act, 2013 (at HR 152-34)
f. The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013
g. HUD Federal Register Notice at 78 FR 23578 published April 19, 2013
h. HUD Federal Register Notice at 78 FR 76154 published December 16, 2013
i. The applicable laws of the State of Florida; and
j. By the laws and regulations promulgated by the State for the CDBG-DR program.
k. In addition to the citations noted, the CDBG-DR allocation is also subject to "cross -cutting"
Federal requirements referenced herein and contained in 2 CFR 200 Sub-p Federal Changes
FEDERAL CHANGES: CONTRACTOR shall at all times comply with all applicable Federal
regulations, policies, procedures and directives, including without limitation those listed directly or
by reference in this Contract between the State of Florida Department of economic opportunity
and the CONTRACTOR or Sub -recipient, as such Federal regulations, policies, procedures and
directives may be amended or promulgated from time to time during the term of this contract.
CONTRACTOR's failure to so comply shall constitute a material breach of this contract.
Reference: (49 CFR Part 18)
Remedies for Noncompliance
If a CONTRACTOR or sub-recipient/County fails to comply with Federal statutes, regulations or
the terms and conditions of a Federal award, the Federal awarding agency or the State of Florida
may impose additional conditions, as described in 2 CFR 200.207 Specific conditions. If the
Federal awarding agency or the State of Florida determines that noncompliance cannot be
remedied by imposing additional conditions, the Federal awarding agency or the State of Florida
may take one or more of the following actions, as appropriate in the circumstances:
(a) Temporarily withhold cash payments pending correction of the deficiency by the
CONTRACTOR or Sub-recipient/County or more severe enforcement action by the Federal
awarding agency or State of Florida.
(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of
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the cost of the activity or action not in compliance.
(c) Wholly or partly suspend or terminate the Federal award.
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
Federal awarding agency regulations (or in the case of a State of Florida, recommend such a
proceeding be initiated by a Federal awarding agency).
(e) Withhold further Federal awards for the project or program.
(f) Take other remedies that may be legally available.
Reference: (2 CFR 200.338)
9.31 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth
in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended,
including but not limited to:
9.31.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1).
(3) Withholding for unpaid wages and liquidated damages. The U.S. Department of Housing and
Urban Development (HUD) or the Florida Department of Economic Opportunity (DEO) shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
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Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5
(b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4).
9.31.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
9.31.4 Clean Air Act (42 U.S.C. 7401-7671 g.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA/Federal agency and the appropriate Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended —applies to Contracts and subgrants of amounts
in excess of $150,000. The CONTRACTOR agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA/Federal agency. The CONTRACTOR agrees to report each violation to the COUNTY and
understands and agrees that the COUNTY will, in turn, report each violation as required to assure
notification to FEMA/Federal Agency and the appropriate EPA Regional Office.
9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a
"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 300 (non -procurement
Debarment and suspension)SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at
www.sam.gov. CONTRACTOR is required to verify that none of the CONTRACTOR's principals
(defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined
at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the CONTRACTOR must
comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the COUNTY. If it is later
determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
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may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
9.31.6 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the Recipient who in turn will forward the certification(s) to the awarding agency. If award
exceed $100,000, the attached certification must be signed and submitted by the CONTRACTOR
to the County. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the State of Florida Department of Capital Planning and Resiliency.
References: (31 U.S.C. 1352 as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65;
49 CFR Part 19, 49 CFR Part 20)
9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR �. 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by
the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.. In the performance of this
Agreement, the CONTRACTOR shall make maximum use of products containing recovered
materials that are EPA -designated items unless the product cannot be acquired-
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-
guideline-cpg®program.
The CONTRACTOR also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
9.31.8 Prohibition on certain telecommunications and video surveillance services or eauioment as set forth
in 2 CFR � 200.216. Recipients and subrecipients and their contractors and subcontractors may not
obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to
procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
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Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
9.31.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of
this section must be included in all subawards including contracts and purchase orders for work or
products under federal award. For purposes of this section: (1) "Produced in the United States"
means, for iron and steel products, that all manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the United States. (2) "Manufactured products"
means items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
Other Federal Requirements:
9.31.10 Compliance with Section 3 of the Housing and Urban Development Act of 1968 The work to be
performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, but not in derogation of compliance with Section 7(b). (The
CONTRACTOR should review the DEO Subrecipient Agreement for further guidance and
required forms.)
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u(section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects covered
by section 3, shall, to the greatest extent feasible, be directed to low- and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
C. CONTRACTOR agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative
of the contractor's commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the
name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. CONTRACTOR agrees to include this section 3 clause in every subcontract subject
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to compliance with regulations in 24 CFR 700 § 135.40 24 CFR Subtitle B, Ch. 1 (4-1-
03 Edition) part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. CONTRACTOR will
not subcontract with any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. CONTRACTOR will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian -owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible,
but not in derogation of compliance with section 7(b).
9.31.11 Americans with Disabilities Act of 1990, as amended (ADA) The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
9.31.12 Disadvantaged Business Enterprise (DBE) Policy and Obligation It is the policy of the COUNTY
that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate
in the performance of contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and regulations apply to
this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321
(as set forth in detail below), applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods
or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
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enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps
listed in paragraph (1) through (5) of this section.
9.31.13 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the CONTRACTOR during the term
of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
9.31.14 Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L.
94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy
efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto.
9.31.15 Access to Records: CONTRACTOR and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the U.S.
Department of Housing and Urban Development (HUD) and the State of Florida, Department of
Economic Opportunity (DEO) access to records, accounts, documents, information, facilities, and
staff. Contractors must (1) cooperate with any compliance review or complaint investigation
conducted by HUD or DEO (2) give HUD or DEO access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be necessary,
as required by HUD and DEO regulations and other applicable laws or program guidance; and
(3) submit timely, complete, and accurate reports to the appropriate HUD and DEO officials and
maintain appropriate backup documentation to support the reports.
9.31.16 Logo and Flags: CONTRACTOR shall not use the Department of Housing and Urban
Development (HUD) seal(s), logos, crests, or reproduction of flags or likeness of HUD agency
officials without specific approval.
9.31.17 Changes to Contract: The CONTRACTOR understands and agrees that any cost resulting from
a change or modification, change order, or constructive change of the agreement must be within
the scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change order
or constructive change must be approved in writing by both the COUNTY and CONTRACTOR.
9.32 DEO requirements
9.32.1 If any portion of this Agreement is funded by the Florida Department of Economic Opportunity,
The CONTRACTOR will be bound by the terms and conditions of the Federally -Funded
Community Development Subaward and Grant Agreement between COUNTY and the Florida
Department of Economic Opportunity (DEO) (Attached Hereto as Exhibit A.
9.32.2 The CONTRACTOR shall hold DEO and COUNTY harmless against all claims of whatever nature
arising out of the CONTRACTOR's performance of work under this Agreement, to the extent
allowed and required by law.
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9.32.3 Religious Activities: The CONTRACTOR or Sub -recipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000),
such as worship, religious instruction, or proselytization.
Applicable to Professional Services Contracts
1. Inspection of Records
All Contractor records with respect to any matters covered by this agreement shall be made available to the
Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the contractors within 30 days after receipt by the contractors. Failure of the Contractor to comply
with the above inspection requirements will constitute a violation of this contract and may result in Remedies
for Non -Compliance or Termination as provided for in the Contract.
2. Section 3
The State of Florida requires the CONTRACTOR and all applicable sub -contractors to follow the State's
Section 3 requirements as defined by the State's Section 3 Plan.
3. Minority Owned, Woman Owned or Section 3 Business Utilization
The State of Florida requires the CONTRACTOR meet or exceeds the Contractors stated proportional use
of Minority Owned, Woman Owned or Section 3 Business that the CONTRACTOR stated in responding to
the Request for Proposals or Request for Qualification. The CONTRACTOR understands and agrees that
failure to meet this requirement may result in termination or such other sanctions as may be solely determined
by the State.
Applicable to Construction Contracts
4. Bonds
No surety will be accepted if the Bidder is now in default or delinquent on any bond or has an interest in
any litigation against the State of Florida or County. All bonds shall be executed by surety companies
licensed to do business in the State of Florida. Each bond shall be executed by the CONTRACTOR and
the Surety.
Performance and Payment Bond:
A good and sufficient Performance and Payment Bond shall be required in an amount equal to one
hundred (100) percent of the total contract amount or individual Task Order guaranteeing execution and
completion of the work in accordance with the specifications.
5. Contract Work Hours and Safety Standards Act
The CONTRACTOR agrees to comply with section 107 of the Contract Work Hours and Safety Standards
Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction
" 29 C.F.R. Part 1926. Among other things, the CONTRACTOR agrees that it will not require any laborer or
mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
Subcontracts - The CONTRACTOR also agrees to include the requirements of this section in each
subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to
perform any part of the labor or material requirements of a contract for construction, alteration or repair. A
person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will
be considered a "subcontractor" under this section if the work in question involves the performance of
construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer
for the specific project on a customized basis. Thus, a supplier of materials, which will become an integral
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part of the construction, is a "subcontractor" if the supplier fabricates or assembles the goods or materials in
question specifically for the construction project and the work involved may be said to be construction activity.
If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier
is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the
purchase of supplies or materials or articles normally available on the open market.
6. National Environmental Policy Act (NEPA)
The CONTRACTOR agrees to follow the requirements of 24 CFR Part 58 (NEPA), as applicable
7. Clean Air
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec.. The CONTRACTOR agrees to report each
violation to the COUNTY and understands and agrees that the COUTY will, in turn, report each violation as
required to assure notification and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal Assurances provided by HUD.
References: 42 U.S.C. 7401 et seq., 40 CFR 15.61, 49 CFR Part 18
8. Clean Water
CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report
each violation to the State of Florida Department of Economic Opportunity and understands and agrees that
the COUNTY will, in turn, report each violation as required to assure notifications the appropriate EPA
Regional Office.
CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with HUD.
References: 33 U.S.C. 1251
9. Energy Conservation
CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency, which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
Reference (42 U.S.C. 6321 et. Seq., 49 CFR Part 18)
10. Recycled Products
CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247.
References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000)
11. Federal Register
i. Public Law
ii. Federal register notices (list that apply to FL)
(1) TERMINATION AND DEBARMENT
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
31 U.S.C. 3801 et seq., 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307
The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
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amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract for which this contract work is being
performed. In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges
that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate.
The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal Assurances originally awarded by HUD, the
Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on
the CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal Assurances provided by HUD. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
49 CFR Part 29, Executive Order 12549 (over $25,000)
Instructions for Certification
By Signing and submitting this bid, the prospective lower tier participant is providing the singed certification
set out below:
The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
State of Florida Department of economic opportunity may pursue available remedies, including suspension
and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the State of Florida
Department of economic opportunity if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "persons," "lower tier covered transaction," "principal," "Contractor," and "voluntarily excluded,"
as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549 [49 CFR Part 29]. You may contact the State of Florida Department of
Economic Opportunity for Assurances in obtaining a copy of those regulations.
The prospective lower tier participant agrees by submitting this bid that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized in writing by the State of of Florida Department of Capital Planning and
Resiliency.
The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
MIN
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A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Non -procurement List issued by U.S. General Service Administration.
Nothing contained in the foregoing shall be construed to require establishment of system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to
the Federal Government, the State of Florida Department of economic opportunity may pursue available
remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction"
The prospective lower tier participant certifies, by submission of this bid, that neither it nor its "principals" [as
defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
When the prospective lower tier participant is unable to certify to the statements in this certification, such
prospective participant shall attach an explanation to this bid.
(2) Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and
24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, CONTRACTOR shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein
defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected
or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. The CONTRACTORs, in undertaking its obligation to carry out the program
assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
(3) Section 504
CONTRACTOR agrees to comply with all Federal regulations issued pursuant to compliance with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals
with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the contractors
with any guidelines necessary for compliance with that portion of the regulations in force during the term of
this Agreement.
(4) The CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or
in part with Federal Assurances provided by HUD, modified only if necessary to identify the affected parties.
AFFIRMATIVE ACTION
Approved Plan
CONTRACTOR agrees that it shall be committed to carry out pursuant to the Grantee's specifications an
In
Packet Pg. 1172
F.3.a
Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246
of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the contractors to assist
in the formulation of such program.
Women and Minority Owned Businesses
The CONTRACTORs will use its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria
set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's
business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. The CONTRACTORs may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
C. Notifications
The CONTRACTORs will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or worker's representative of the contractors commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
D. Subcontract Provisions
The CONTRACTORs will include the provisions of Paragraphs regarding Civil Rights, Affirmative Action, and
the provisions as set forth below in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its own contractors or subcontractors.
COPELAND "ANTI -KICKBACK"
40 U.S.C. § 276c (1999), 29 C.F.R. § 3 (1999), 29 C.F.R. § 5 (1999)
The CONTRACTOR shall comply with the requirements of 29 CFR part 3, which are incorporated by
reference in this contract, specifically Davis Bacon Act.
CONTRACT WORK HOURS AND SAFETY STANDARDS
40 U.S.C. §§ 327 -333 (1999), 29 C.F.R. § 5 (1999), 29 C.F.R. § 1926 (1998)
Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
Withholding for unpaid wages and liquidated damages - the State of Florida Department of Economic
Opportunity shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
Packet Pg. 1173
F.3.a
performed by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in this section.
Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the
Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
10. Entire Agreement
This Agreement constitutes the entire Agreement between the COUNTY and CONTRACTOR for the
services contemplated herein. Any amendments or revisions to this Agreement must be in writing and be
executed in the manner required by this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized
representative on the day and year first above written.
(SEAL)
Attest: KEVIN MADOK, Clerk
By:
As Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:_
Mayor
Packet Pg. 1174
F.3.a
CONTRACTOR
By:
Title:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on
(date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification
NOTARY PUBLIC
My Commission Expires:
END OF AGREEMENT
IN
Packet Pg. 1175
F.3.a
ATTACHM ENT A
SCOPE OF WORK AND PRICING
Demolition, Removal and Disposal Services: The project consists of Demolition, Removal and Disposal
services for homes and associated residential structures purchased by the County under the Voluntary Home
Buyout Program (VHBP). The services shall be accomplished in a manner consistent with all County, State
and Federal laws, codes, regulations and environmental standards. These parcels may contain intacl
residences, partial or damaged residences to be demolished which may be located anywhere in the
unincorporated portions of the County within the Florida Keys. The demolition must include the proper
disconnection and abandonment of all utilities and the proper remediation/abatement and disposal of
hazardous materials, including asbestos and Household Hazardous Waste.
The successful respondent shall provide all equipment, personnel licenses and permits to demolish, remove
and dispose of structure materials, which may include hazardous materials, in a safe, efficient and professional
manner. The project will be made up of individual addresses/residential parcels where demolition, removal and
disposal are needed. The successful respondent will be required to manage the project from beginning to end,
including the permitting, scheduling, labor, monitoring, provisions of necessary equipment and progress
reporting to the County designee. The selected contractor is responsible for evaluating the demolition, removal
and disposal cost based upon the site visit and responding in writing with a quotation for the job, a description
of the job, the time the contractor can begin the job and the time necessary to complete the job. The project
approach shall include a projected timeline for project implementation and key milestones.
Task Orders will be issued containing a specific address or group of addresses, a description of the services
to be performed at each address, the time period within which services must be performed ("Completion Date")
and the estimated cost based upon the agreed upon rates for the services to be performed under this contract.
The COUNTY will provide asbestos testing results and any conditions required by Florida Division of Historical
Resources and/or the Monroe County Historic Preservation Commission with the Task Order. Within ten (10,
days of receipt of a fully executed Task Order, the CONTRACTOR must complete a site inspection and provide
a written response to the COUNTY including a quote for the cost of the job in accordance with the pricing and
rates set forth in this agreement, and a schedule to begin and complete the job. The CONTRACTOR's writter
response shall be incorporated into a written Notice to Proceed issued by the COUNTY. The CONTRACTOR
shall commence work on the services provided for in this Agreement promptly upon receipt of a written Notice
to Proceed from the COUNTY. The Notice to Proceed will be issued in accordance with the Task Order. At nc
time shall the CONTRACTOR commence work without written authority from the COUNTY. Vendors should
expect that services must be completed no later than 45 calendar days of issuance of the County's Notice tc
Proceed to conduct services on a given property.
The following conditions apply to this contract:
Contractors are required to have active licenses and insurance required to fulfill the requirements of
each particular job and are required to include in the qualification package copies of any and all
licenses and insurance. The County reserves the right to disqualify prospective bidders who have
violations or who violate local, state or federal laws or regulations related to the construction industry,
insurance, and/or handling of hazardous materials. Contractors holding the necessary license shall
be responsible for the job site at all times during the work.
• The CONTRACTOR shall be responsible for the complete permit process and be responsible for all
costs associated with the permit process which shall include federal, state, and local requirements.
• All work shall conform to and be operated in conformance with OSHA safety requirements
• The scope of work may include disposal of hazardous materials, including asbestos and Household
53
Packet Pg. 1176
F.3.a
Hazardous Waste. The CONTRACTOR will provide all necessary labor and equipment to complete
the job including, vehicles, and personal protective equipment for proper handling of hazardous
materials and will strictly adhere to all precautionary, and safety requirements. Contractors may need
environmental hazard sub -contractors to identify hazardous materials, and conduct complete
asbestos abatement, provide proper asbestos clearance (including air or visual clearance) and
disposal of any hazardous materials. This shall include, but is not limited to EPA or State notifications,
employee certifications, state licenses, and waste disposal notification/disposal logs. The
CONTRACTOR must notify the COUNTY immediately of any situation which may cause a health or
safety risk to the public.
• The CONTRACTOR will be responsible for assuming lead -based paint on the property and using
lead -based paint safe practices during demolition.
• The CONTRACTOR shall remove all HVAC units following EPA guidelines for the proper disposal
of refrigerants.
• The CONTRACTOR must provide receipts/records verifying acceptance of hazardous materials by a
facility licensed to accept hazardous materials. These records must be attached to the invoice
submitted to the COUNTY.
• To verify proper disposal of demolition debris, the CONTRACTOR will provide the COUNTY with
disposal receipts with invoices.
• Contractors may need sub -contractors to ensure compliance with conditions imposed by the Florida
Division of Historical Resources and/or the Monroe County Historic Preservation Commission.
• The CONTRACTOR shall take photographs of all sides of structure(s) prior to any work on the site or
demolition. Photographs should be properly dated and include the name of the person taking the
photographs. A complete set of before and after photographs shall be provided to the COUNTY.
Photographs are considered to be an integral part of the work.
• Any existing or abandoned utilities (electric, gas, wells, water and sewer) on the site shall be
disconnected and removed and/or capped to the limits of the site or at least two feet below finished
grade of the site. Septic tanks need to be abandoned per Florida Department of Health regulations.
Other tanks and utility meters shall be removed. Service lines shall be fully removed to the extent
possible. All wells should be grouted and deemed unusable.
• The CONTRACTOR shall implement pre -demolition and post -demolition erosion control and storm
water control measures.
• The CONTRACTOR shall implement dust and noise control measures as appropriate.
• The CONTRACTOR must conduct demolition and removal operations to ensure minimum
interference with roads, streets and other adjacent facilities.
• The CONTRACTOR shall maintain safe conditions at all times. Should the COUNTY consider the
operations unsafe, the operations shall be suspended until the CONTRACTOR has corrected all
unsafe conditions to the satisfaction of the COUNTY.
• The use of burning or explosives at the project site for the disposal of refuse and debris is not
permitted.
• All debris and non-greenspace material is required to be removed from the property, unless stated
otherwise by the COUNTY, during demolition. This includes items such as mailboxes, marked fencing,
concrete, bricks and trash.
• The finished grade must be consistent with the grading of the surrounding properties, avoiding any
54
Packet Pg. 1177
F.3.a
deviation greater than plus or minus two inches of adjacent grade.. Below -grade areas and voids
resulting from demolition of the structure shall be filled with selected back -fill and restored to grade
level. The site shall have a level appearance at the conclusion of the work. Final site stabilization shall
include the installation of Bahia sod, limited to the area of disturbance subject to the demolition. The
entire site shall be left in a neat and presentable condition as determined by the COUNTY at the
conclusion of work.
• The COUNTY will re -inspect site within 21 days of completion to verify the soils have not sunken. The
CONTRACTOR shall be required to place additional fill and sod in any voids as required by the
COUNTY. The CONTRACTOR warranties all work for a period of one year.
• If a tree or other large mature landscape materials must be removed in order for the CONTRACTOR
to proceed or complete the demolition process, the tree removal must be included in the written
estimate/quote by the CONTRACTOR. Any required tree removal must be included in the issued
permit(s) for demolition. Existing trees and vegetation located outside of 5 feet from the any structures
to be demolitions shall remain in place and be protected during the demolition.
The compensation available to the CONTRACTOR under this Agreement is to be determined by the COUNTY
based on quotations received from the CONTRACTOR, and the necessities of each individual job.
CONTRACTOR provided the billin_g rates in the table below which shall be used for the basis of each
quote for a particular lob, and included by the COUNTY in a written Notice to Proceed prior to the
authorization to commence the work.
CATEGORY
DESCRIPTION OF WORK
UNIT OF MEASURE
UNIT PRICE
Demolition, Removal and Disposal of a
Structure Square Foot
Demolition — to include:
Manufactured or Mobile Home
permitting, demolition,
Demolition, Removal and Disposal of a
Structure Square Foot
removal and disposal of
CBS home
all residential structures
and associated
accessory structures
Demolition, Removal and Disposal of a
Frame home
Structure Square Foot
(fences, mailboxes,
Remediation, Abatement and
Structure Square Foot
driveways, marginal
Clearance of asbestos
docks, pools, tikis,
slabs, debris, etc) and
disconnection and/or
Remediation, Removal and Disposal
of all hazardous materials including
abandonment of all
Household Hazardous Waste
utilities
Demolition, Removal, Disposal and/or
Per septic system
Abandonment of Septic Systems
Demolition of piling
Demolition, Removal, Disposal of in-
Specify unit, such as
supported in -water
water structures (if not included in the
Structure Linear Foot or
structures
Demolition rates above)
Structure Square Foot
Grading (if not included in Demolition
Square Foot of area of
rates above)
disturbance subject to
demolition activities
Site Stabilization
Backfill (if needed and if not included in
Square Foot of area of
Demolition rates above)
disturbance subject to
demolition activities
Bahia Sod
Square Foot of area of
disturbance subject to
demolition activities
55
Packet Pg. 1178
F.3.a
Utility disconnection
and/or abandonment (if
no structures requiring
demolition are on the
property)
Electric
Propane
Wells
Water
Sewer
Additional Costs
Vegetation/Tree removal (if required to
complete the demolition and included
in a permit)
Other Costs (please
indicate any other
anticipated costs)
The CONTRACTOR shall document its progress in performing its work under this Agreement and report its
progress to the County twice per month or upon request in the format requested by the County . The monthly
reports will include current status of each demolition and the expenditure of funds to date. The CONTRACTOR
will also provide information as requested by the County for compliance of Section 3 of the Housing and Urban
Development Act of 1668, and required annual completion of the Section 3 Summary Report (HUD-60002).
The COUNTY will report the CONTRACTOR's progress to DEO in accordance with the Federally -Funded
CDBG-DR Voluntary Home Buyout Program Subrecipient Agreement.
These services will be funded under the Federally -Funded Subrecipient Agreement between the County and
the Florida Department of Economic Opportunity (DEO), and attached hereto as Exhibit A. The selected
CONTRACTOR is bound by the terms and conditions of the County's Subrecipient Agreement with DEO.
The CONTRACTOR is required to be familiar with and shall be responsible for complying with all federal, state,
and local laws, ordinances, rules, and regulations that in any manner affect the work.
56
Packet Pg. 1179
F.3.a
EXHIBIT A
DEO SUBRECIPIENT AGREEMENT WITH MONROE COUNTY
[This page intentionally left blank, with agreement to follow.]
57
Packet Pg. 1180
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Kevin Madok, cpA
5 FI
foJ
Y" Monroe County, Florida
Clerk of the Circuit Court & Comptroller
DATE: June 3, 2020
TO: Helene Wetherington, Director
Local Disaster Recovery Department
7
-C.
FROM:
Pwnela Hancock�
SUBJECT: May 201h BOCC Meeting
Attached is a copy of Resolution No. 150-2020 accepfing the Conix-minity Development
Block Grant - Disaster Recovery (CDBG-DR) fiinds. in the amount of $15 million for non -
matching grant fiinds from the Florida Deparlment of Economic Oppinity (DEO) for
imalementation. of the Volun�tW Home Bugnd 1"iro -4VI t Q L; I I 1 01 1; 1 q;u W4A kfim&m��
sip the sub -recipient agmement.
=IF073 I) WAAM IM715 ITA s
K 1. V WEST
Cl Whitehead Street
Kry West Horida 33040
3C5-294-Ml
PLANTA11ON KEY
88820 Overseas Highway
r1i
50 High Point Road
Plantaft Ke% Rodde 33070
5® Packet Pg. 1181
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
F.3.a
1
r
WMREAS, the Department of Housing and Urban De
velopment ,
administers the r �, wi program , r .
lines for application 4
WBEREAS, the aggregate use of CDBG-DR funds shall principally benefit low
i,moderateome persons 70 percent ofthegrant
t
WHEREAS,pursuant to the HUD guidelinesFlorida Department
of
Economic Opportunity C'DEO") submitted a state action plan setting forth the states
proposeddisaster -
WHEREAS, Monroe County conducted a countywide survey of impacted
residents, 7 outreach consisting of direct „ i; X,interested
individuals,outreach
homeowners interested in the program; and
WHEREAS, Monroe County applied to DEO for CDBG-DR funds to implement
VoluntaryHome SFrProgramwould purchaseq 4
y Hurricane
Irma at pre Hurricane Irma fair market value,demolish4 maintain the
property greenspace or allowlots in compliance with;
regulations; and
1,
Packet Pg. 1182
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
L0jCj'U1] 0 1 $1 Z1 1.; ,
L The County Administrator is directed to sign the CDBG-DR Voluntary Homs
Buyout Program Sub -recipient agreement with DEO accepting $15 Million in
non -match grant fimds.
2. Monroe County staff are directed to implement the Voluntary Home Buyout Program
in compliance with all requirements imposed by Federal statues, regulations and the
terms and conditions of DEO's Federal Award.
upwvrg ju P ro F71"I il flW441 1 M a
Mayor Heather Carruthers
...........
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
1�1'2 ......
Commissioner David Rice
VIlk 5. ........
"'Jt6
Commissioner Sylvia Murphy
(Sr itI
BOARD OF COUNTY COMMISSIONERS
.,J1',,,V1N ADOK, CLERK
OF-MONIROECOS. ! �TY, FLORIDA
BY:
BY:
As Deputy Clerk ayor ....... ......
law
C
I Packet Pg. 1183 1
113001410111 I"I1-1JIV&o0e IM AC23411! I )l %IP"IAM 1111112 1
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D.190 Agreemmt No.- 10092.
State of Florl'.1da
0
Diepartment of E'con10M-i,C OPPOrtUnlity E
,FedieraUy Funded,
Clonununity Develo ic!:!�. it Black Grguit
Pm 't
D Isas-ter Reicovielt'Y (CD.BG-']111")R)' Voluntaryllome Bi,.�:Lyloil'ut'.I?rlogr�af,,n,
I'll", Ism
TIES AGRI I!S, :LN 1,11's entered i I ato'�Dy d��iie State of [1102111da, I )epartment of qXrxxxxtic Opportunity,
(hereinafter relirred uj: as 1111)EO") and NIonrole CoLinty, Boatd of County Com=ssorners:, hereinafter refetred
to as the Subrecipimt" (each itulividually a WrIatty" and collecdvdy "die pard,es:",)
1,0wNG,]MI'E�, c iNTMIOII.
WHEREASpursuant to: Pul)lic Law (P.L) 114-254, the `Ttwther Confinuing and Secuj�ty,�%ssistmcc
AppropriationsAcl, 20117" �and RII,, 1,15 31, flw "Consohdated Appropriatioxis Act� 201 7, (der6�mftcr jointty
referred to as die "A, prorniation.Acts:' umd die "Allocations
1) , Comrtion APPlication, Waivm, arid �Uternadvc
Rcqu.iiremmita for Commurdty Development 'Block G=t '11saster Recovery DE,Os", 81 Fed, Reg, 2,24,
roveml7jer 21, 2016); 8:2 Fed,, R,eg. I I (j, guery 11f, 2011,71); mid 82 Fed R,cg,, 150 (Aupst 7, 2011 "7) (heteinafter
coflecuvely rcktred to as dm "'Federal giter Gwdance:'jthe "U.S. Departmet f Housl Ixig and Urban
vekipinherenftereferred to �a,sIlITID"I has amraxded loratnuirity Development Block Gimit
Disaster Recovety (CDBG DR) funds to 11I)E0 for activides audj(!)3dzr1d under Ildie I of the Housing and
Commuttity Dc%,edoprnent Act of'19 74 (42 1.7nited States Cic)de (U,,S,,C,) 5,301 eVsq) �and deactiEtied in the �State
I � 1,1� 13
of Flo�ddg Action Plan for [)isaster Recovery lxrejnaftcrref�tred to as die "Z�cdon pIkit"). ]XIE 0 is ermafter
referred tam from time to tinne as "Grantee".
WHEREAS, C��DBG DR. flinds Maide: avaiJable fisr use by die Sulbrecipicat tinder this ��greemenk
(XII12"Stiftite a sultmywid of d�ic D;,EO:::'s Federal, aviard, the use of which must be in accorrigince Nwith reqtdrervlents
inqXned I�y Federd statute
a, mpLadotis and dle terins aml conditions of DEOVFeideral awii,uld,
WII EREASd�ie Subrectpient bas leggatithority to enter irmto t1:'lis Agimement and, Icy signing this
Agreement the Sul3recip "tent represents ammo. watxmats to: Dil!,�70 d!1lat itwill Comply I'm thill ti a of
I ae teqlairemen't
the subaward descrilied licrein.
Mji e J� Gr D . fi2nds shall ptinc4)ally benefit lcm mid moderate,
th amegate ine of CD K� R
income Persons in a manner dapit ensures at least 70: percent of flit; griRilt amojnt IRa m fed umler dids
Agreement is eiqiiended for activities that Imnefit such [)ersons.
1il"XE0 and the Sutwecipient agme to the i I bilowing.
NOW "' 11 1 11!1""E,,'I::t,,
(1) ScoPle of NVoek. "11he Scope of Work ibr this Agreernent inch�des Attachment A:, Scope of Wcid�!� �Xqdj,
respect to Aumdamexit B, Project ';�Iudget IIII)etaiL arKdAttacitment CM:tivity Work Plan, the SuIbreopimnt sli2ll
sutmnit to D'EO: such Attachmelits in conkirinq IAth tl!!t, ct=ent examples attacluied hereto as necessary, and
q�proptiate Provided futolmr, ifffiete is a, disagrecinent t!i,etmccn the Parties, %xiffirespect to the f=natting and
contents oi�, such att�ach,ments, then DEO's dedsions m6dii; respect to amt!r1'e shad 1!�,revrail, at I)EG's sole and
almolute discretion,
I Packet Pg. 1184 1
DectAon Einvntnns M I- ACOMI 11 A bq 1111; 1 A mmlkAAX ir-CrAIMMAMM 1 11!!A
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Ageernent No. - 10092
Incorpairation of Lzwal, Ruleis,'Regutatiotss anid Pailicies. Ile Subirecipient agrees to abide by all
applicalAe State and Federal, laors,tiflillis and regtilations, including hilut notneciesisaritV limited to. the dera 5 Fe
I ANars sild tegulations set forth at,24 CFR 570 and the State's Action Plaiii,
(3) Period of Agreement. 1, bisAgreettlent 1!�egms upon execution by both Perties (effective &* iand ends,
24 motiffis aftet execution liyE'01imlessil Od�ierwise tertningted as provided in d,Js Ngteennient. DEO shall
notgrant any extension of thle Agricement unless die Sulzecipient provides justificatiolia sa,odlsfiactory
its sole discretion, and ffie I'Nrectot� of1DE011 s Office of'[Xsaster Recovery, approves sucli extension,,
(4)1 Maidifiristorin of Agreement. NIodifications to tea Agreemerit shall be valid only when execrated in
x,tildng by dre Pariies. Any raocifficadon request by die Sulnecipient constitutes a request to riegodAte the terms
offlAgreement. D �'E,O may accept orreject any pr(:jp osed, rnoldificatian based on ' DEO's sale detertnination
all'ild q��nmlute disCreti=:, tIlAt any SUCh RcCeptwice or rejection is in t1le State:`is best interest.
(5) Records.
s,xd!Dre,4)ienes perfoticrance tinder d!iis Agreement I lic suliject to 2 CER. part,200
Unifbirnt-Aidminisurittive Requirements, Colst Principles and Audit 11equirem eats for Federa, I-Awlards,
0)) RTtesentadvvs of D,EO,, ti�ie(ll!!iiie��''Fij-,iaiicial0i��M=Oftbic, State of Hotida, the Auditor General
of d'!ie State, of 11 Florida, the Florida Office of'Program J�Icihq, Analysisarid, Government Account4)ility
923d, represeittatt I ves oftlie Fiederal gVmerrcment and dicir dully audiotized representatives shall have access'
to Itly Of dle SuIxtecipient I's Irooks, docurricntspa en Ind records, including electronic stiorage rnedia, as
IR p
dicy m,a,y rc]Rte to this Agreement, for the ut, oses cli�f conducting audirs cir examinations or raii ldt!iig
P P L
excerpts cir traniscriptions.
(c) ne
allarecijsieut shall rniaintail"I liodks:, reciards !and documents in accord,=ce widl genera4
IdIcClEpted accounting ProccidUres and practices which si,iffidimfly ad propet�y reflect all expenditt,ires of
ffiri pbovided I)y A`7�10 tmder titis Agreernent.
(d) ,'be Subired, lientuaillarovide to CEO, a necessIaryand appropriiate Biranckd and colmpliance
,P
aUdits in accordance widl Paragra, h (6)dtled "'Audit Requirements" u!td,Atiizchncentsj and KIlerein and, ,P
ensure diataD, related piuty tratmactions are disclosed to the auditor.
ble SW)redpient fl!1110 retson suffident mcords to 119licnx, its compliance widt tile tennis oftlU!iiis
Agreement and die com,, fiance of all subrecipients,, contilactors, sul)contraictorsand co n,.I to
P tzn paid from
Junds under this Agreement 1br a 1,),erioid, of'six 4(6) years formdate DEO issues the closeout fbr
this mmtd,, The Sulnecipient slia'll also comply w1fl, the pro%,isjoirs o,f Z4 CFR,, 5 ?U50,2W(,7)P,, "I'lie
I.
Sularemplient sliall ffitdiei ensure diat audit working papers axe availalAe u, onrequest frilra pcnod of wx
(6) Vears from Ll°he date UEO issues t1le finad closeout ofdiis Agreenstrat P unless extended in m7eiting by
]DE01 Clic six yinal, pericid may be extended for the Ecillovirxg reasons:
J. ladption, dairn ot, audit initiated before tbe sIx Year per!iod expires or extends beyond t1te
six -year' Pleriod, inwhicli case thie records shall, I)e retained iirrtil all litigation, claamis or audit findings
involving the records hi:ave been resol:v ed.
IlLelcordis for d�it disposition of non expendaEile perscitial property'valued at $1,000 or more
at the time of acquisition sball be retainied for six (�) yeu�s after Einial disposition
3. Itecords rclatingto real prq),erty acquired shO be retained firr six (6) years after the cloising
on tile transfer oftide,
le Sularecipient shall maiiatain all reo!!jrds and supplarting docinnenitation for t1he Sulifeciplent
a,nid for all contracrors:, mibcotitiRctors anid consultatits Pin] from failds provided under this Agreement,
including documentation of all pro6m= costs in a, fonia suil ficient, to determine compliance with die.
requiri-ments and ol!)jectiveis of dic scope of work and aU otl�iier applicalwlie laws and regulations,,
W he Subreri,pient shall, ciffier 0 maintam all Rinds provided twderthis Agreement ina separate
1!iiank account or (irrenstirc that die Subtecipient's accounting system, shall haviesufficient internal conti!lolis
to Separately track d�ie expenditure ofall fiinds fiom Edis Agreement. Provided f iirtber, drat the oji]l option
evadable for adv913Ced fiands is t(), maintain such achnanccd funds in a separate hankaccount, nere shaR
be Cuconrtnink�ing offfinds provided under d!iis Agreement with, any odier funds, projects Or pro,grilims.
2
I Packet Pg. 1185 1
DOcuShi% 1111,111-1 ii,iyel A,C2341111 11 Wr4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO AgeementNo 1009.2;
1 K
1)"Il 210!raay�, in its sole disatedoril' disallow costs made,%kxidi cornrul ffin&,and rell reimbursernent
f6r such costq as desdhezein, Subparagraph (21)(e), R�piayrrjient&,
(N 1"Ite Sulzec"Apient, including 0 of its employines cit agents, contractors, sul�%cirjntractors anild
consub,q-nts to E!ile paid ikom fittildis pro'%,'ided under dris Agrem-ment, shall allow ac cess to: its records at
masonalAire tknes to: representad 11 ves o:f DI"E,10, the Chief Finarxial Officer of flie State of Horid,a,, die
Auditcr Gesaiezd, of d!ie State of Morida:, the Florida Office of'Ptogn, a,, pi,Dlicy,Analysis and Gxverttniient
Accountialxility or rej),isesentatives of the Findeml 90VUDIDent or d'eir duly authorized ri�tiafives.
GrReasonable"' SbAU orcHnarily rnean c�lutnig normal inlisiness hours of &00 am,, to 50 P"roll lat:al tinle,
Nfonday d1rough ,FroJay,
(6) Audit ReqiAtements
(a) . ..... rhe SW!)redpient shall ct)tlitll ga a single or prograna-specific audit in accorduace with d3,e
provi&iolls Of 2 CF' ' I ' t. pari!! 2010 if it expends seven hundred fifty t1touisan(I doEars ($750,0010) or mare in
Fiedenal a,wards fioin all so=ies duting its fiscal year,
1 0!1) Within sixty (60) calcruisr days of tl�ie close of the fiscalyear, on an armuial basis, tl!ie Subrecipielit
is iaU clectrconicOly sulyrrdt a completed Atidit Corolpliance Certification to 'g " j
at,
DEO's grant manager; ablank version of vdiich is attadied hexeto is AttA11--limimt K. 'Me Sulwecipienes
timely submitta� of one completed Audit Canryliance Certificatioti for each applicable fiscOyear wdl fi�flll
this, requixenient Nwitliol all agreernents (c,&, contracts, jarants, tnemcorandu= of uriderstariding,
YXIMOrandums o:l'" a9feetnent, econotnic incentive award agreements, etc.) betmmen DEO Puid d!ie
SuEwecipient,
in addition to die sulnrdssoon reqLmoements listed In.Attaclunent j fided "'Au& Requirernents",
die Sut�rec�:Pient shal"I send an electronic copy of its auxilt report to DEG's gtaut MaIlager for tliis
Algeerroonot byjut2,e 30: following flie end c)f each fiscal year in & it'had, an opim CDBG-D:R,, �lnibgrant,
(d) Subre*ent shRU also co"!)Iy'v6th the Fedm� LAu 11 dit Clearinghouse riales and, directrvies, includirqP3,
bia not limited to the pet-Unent Report &A)missiotis provislons Of' CFR 200.512, w1mi nAch Provislons
are applicallie to this Agrees rent.
orts. 'i'llieSubircci�pic�iitsl,iaup���a�,irle I I',', );" Eowiflh all reltarts andinformation set froth in Attaxfirnent
p I
G tided "IReports," Both the montbly and quartedytiqoru, �as Nuidl as diie adtcd flistmtive closeout repoirts
must iorclude t1le stntus and progress of dille Subrecipien't 11 and all sulxontracj�ors in catrojAeting the wotk
descrfl,i,edin dilic Scope of Work and the aspenditure of fizods under t]3isAgreement. Upon request by,
DJEOI, the Subtecipientsball prcl�nde additi(mal, rogam updates or infbim!Mticin., Hall req=e(] re, rns
In"I Co " P P
Ples are not sen'tto !DF7,0 or arc not coejj�plctord in is tmuineracccptable to E20, pay,nients may j!se
wiffibeld, until the reports aie prci completed, DEO: may also take otber actionas stated in paragrap%
(]�) Reinedies or (!)ltbcr%ise allovmb�e I)TIMMI
(8) InsplactionlB maid Mair'sit"Ciling
(a) Subrecipient ;�b&U pernift DIEO: and auditors to hav'e access to the Sul.,�recipi mt's re(:ords and
ffitmuai statetrients as DE�O: determines is necessary fbrDE(`) to n!oect die mqtdremenrrs of 2 CER, part
2010.
The Subrecipient must i to mollitoling of its iiactividlesi by DEO as DEO deterniines
IlecesiSary, tc: enistxre that tbe subaw=d is used, frwaudlori�zed PLIrPOSeg In COIToplixnce'�Vldl Fiederal sututes,,
regulatiotis an(i the tems qnd corldidons of rbis agreernent.
(c) 111aisi review must include: (J) revorv�ilig finandal and, erformance re orts required, by IDEO, (2),
P P
up and ensn �ring that d�i,e S'ofl!wecipienttahes tifnely atild ippropriate action, on aE deficiencies
D
ptttettrn ng to the Fell award,provided to d!ie &,O!wedpierit &otn E)'EO as defected t1irough audits, 011�
site reviews and otIlher nleans and (3) issuing ia Manageralent dedsion, for sudit Findings pertairotig to dos
i )
Fedem, I aill rovid,ed to die Subriecipient frolm, 11:1 EO: ias rorquued by,2 C, R . §200.52 1.
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(d) Ci.irrectiveAction5l.
D: EO ma, 'Y ISSUC Management ded'siotis 'Ind, may consider t�aki,ng enffircement actionis if
non,coinpli,mce is detiected, during audits. II)E0 may req=,e the SuixtecTient to take tune4� and
3
I Packet Pg. 1186 1
DGCUSIll 111111 1, Ar.23AIII)iA."99 AAA11!: PIAAA
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Aneemmt No.: 10092
approptiatic action on all deficienrles, es tai 11 in rig to, do: Frderalawstd j3roTided to doe Sxd�%redpicnt&orn P
t'�ll2e pass tlirougb entit�F as detected through audits:, on site tevivkws and cither nicans. In respriiinse to audit
deficiencies or offict findings of noniroinpliance svidii tl�iis tkgrel � 11
I'll)], , enrcnt� 1) �� 01 may impose additional
coaditions on the use of the 0'', B1G-, 1 11 1 farads to ew use filture compliance or provide training and
technical MiStULCe H ninededto coetea tioncompliance
(9) Duplication of Benefits. ThI12, SU13CCCipie'll3t sliall not =111' oult !any of die actiNitics undex this
Aipeement in a manner that results in a pto'hibited diuplicadon of ticnefits as 41eficied 1)'Y Section 312 of
fl,ie Rol!iicrt T. Stafford Di 11 saster Relief a I nd Enie;riacy AsBistance Act of'1974(421J.&C. 5155 isrsey md
descalsed in Appropriations Acts. '11be Subtecipient must comply with HUD's req=cments for
duplieRdion of 1!�cnefijz, dirposed liy the Federal Register Giddance, ]"he Subirecipient sliall 1-arry out doe
actiinties under dds.,Agreemeut in, compliance wit1ii DI!f(D's procedutes to prevent duplication ol"Isienefits
Subireciplient shall sign, a Sij���)rogadcin Agreement (See.Attaclrrnent'N�
(10) 11''Jift1iflity
(a),
to, Section 768.28(1�), F.5,11 nileither Party indennaifies nor instwes i tt assuiric 8 ! any liability firr die offier
Pgft)iffir the (�)thcr I)artYs tu4igencij-',
11!t) 'Me Subrecipierat filirld icnagrees toasst=e sole respiongil)ility, tnming and oversight offlae parties
it dicals Nioth or ernplays to cany out die tenns of" th,i,s Ahrrceineirt to the Extent set forth in Section 768.28:,
florida SLatutes, "I'lic ndneciplimt s"hall �iold D'1'HOi liarinlinsisaganist R11, claims of whateircr natute atises
frons thework Rad ses�ces perfornicid 11,iy diird parties under guts Agreement. Nodaing herein sliiall be
construed as consent 1)31 the Subreci ient to I)e sued by diird ardies in any Matter unitig out of any
agreement, contract or W�)con tract
(c) H' die Subirecipientate agency oir sulxffinision, as defitied in Section 768.28, tliru jJ111i
suln-eciplent agrees tal lwc fully responsii!�uIin f" or itsnegligent or torus acts inr ornissions, wliich result in
claims or suits agAurst DiFsO,, 'Me su'Lixecipicia agreles to be lialile foil an, y damages proximately caused 1)y
dleacts Or ornissionsto die extent set ffirba in Se'cdoin 768i28�F S. Nod!iiing lierein shall be construed as
corksent by a stite agency or subdtvisiot� of die State of Florida to Im sued liy d!iird pardesin wry ri
axising out of any, agreement, conttact or subcoutract.
(d) N(!)d�ng bcrefir !is intended to serve :as a waiver of sovexcign immuniq, 13y, Di]!!u'O' or dic
SW)xedpient.
" 1''
0.1.) Events, of I)ebult. If any of die f0flONV11113g events occur ("'Events nfDefault"k, ")EO may, iiii its sole and
Rbisolute discretion, elect to, tertninate 01-131 obligation to make any ftu-ther payment of ffinds:, exercise any
of diie remedies set Fordi in paxagriq)[ii (I Reinedies cir ursue on remed, � at law or in 11111q�jity,,without
limitadon, (a) Any warrairty or reprolientation inside by the Sullrecipiientin diis
Agreernent or any prevorus agreemen'twifla 11"MO, iis ot, 1;)eicornes filse or mWeadinin any respect, or if
the �uulmu�mu�ecient fails to keepor perfbnn any Df d�ie obligaboas:, ternasor covenzats in this Agreeent oryre%rinus agreernill"mt VAth Dj'z,0,, and/ OT has not cured dien!ii in tinidY fashion and/or iisumfl�)le or
tuwUing to tneet its ol!iliptionsuuider diis Agreement and/or as required i)y stsitute:, m1c, or re&dadoa;
11�)) Any material adrerse change occu!rs flie fii!iaticial condition of thic Stibrecipient iat �any time
dirdng, fl!ic tetai oil!, ll as Zi�neetnent and the Subreid ient 6fis to, (nite this achrene clj�a!nge NN&j��, , tin! (30)
P I n 11 rty
caleaidiw days fikom die Hate written notice is sent by Di " EO,;
(c) ''I"he S,ullwecipient &ils to submit any required reptni�! or iaits any reqx�red report'ilnfli iMCOITCCt,
incomplete or basuffirient inforrnation or fails to suf)init additional infitiniation as requested, by DE101;
(d) Fhe Stg'Lwedpient failis to PlexForna or timely complete any of its obligations andco Flats Agreensent,
including learticipating in DEO's �mplcrnentadoin Workshop",
I Packet Pg. 1187 1
r"kiril aAdifs q 11111 ) Af"T2AIIINI A JOCA AAAII_1112A1,10
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DE! Amement No.: 10092
'172e Partics agree d�iat in the event DEO clects to inske Payments or partin] paynients after An Events
of II)efitilt, it does so wit'1! tiout Nvirivilig d!le right to cKercise rry rentedies OawaiAeh
crem or at law uod
withoutbecoming lials'le to nsake art:,:fitrdier piaymeat.
N Neddrer Party sliall ix liable 'to: die offiier for any deky or failure to: Perare
forni under diis
Agreement if such de��,y or fiillure iis neither the fault nor dic negligence of dre Patty o:r iti emploYees or
agents and the delay is due dircctly to iacts of Goti, wats, acts of ptfl�)Iic enernies, sttikes, Fires, Soods:, or
cI sim,ilar cause 'who'lly beyond d3C P:Arty�s control or for any of d!ie foregoing thot Ra:cts
subcontinactors or suppliers if no alternate unirre of sup,pily is avaAsble. Fknvever, in the evifflt of dcJa,Y
�&oi�n the foregoing causies, the Party shall, talm 0 teasonable measures to: midgate any and dil restdfing
(Jelay or distu tion in the prate Performance OtAiptknt underthis Agiectnent. I the delay is excusaiAc
under this paragraph:, the delay vffl1:: not result in atiy ulthdonal cbaree x)t cost under to
eitlier P",% In the case of any delay the Su1birccipiecit belie%?cs Ls exCUSalsle under t1ds pangpph,
Su'l-ireci
P 2
citl� ler: li"itlaill ten (10) caleadar days after the cmuse tixat creates or unfl: create flue dieky first aroilie if
Subre6pient could reasional'Ay roresee tbat:a �delay could occut as a result or (2) widlin five ,'5) calendu
days after the date SubreciPient first had reason to belileve that a delay could result, if the dr,hy is not
"E 1:710 ("OING SF1A1,'1,, CONS"I'MU'll"E SOI �,E
bly fbreseez�ble" "I"B" 1:1�,11, Ed
reasona, I
It EMEDY, 01, Et' ' M"IM ,KY� ProNriding rootice In stAct accordwice vvida
R EX C L) s MI , 11 R VE DRI
this, aragraph, is a conditixna precedent osuch rmedy, UE01 in its siole discretion, vril dete=inc ifthe
P
delay is exciiisalAc utider this paragriaph andvdl:,] rmdf� Stflneci,pient of its decision itx writin& No Claim
for dainages, otlier thanan extension of time:, shmll :x ass�erted, agaitut DEO. Suljrccipient sliaI: not be
entitled to in increasie in the Agrinerrient price of Payment of an,y kind from D1,1ZO for direct, indirect,
consequienti'd, implact or otiler costs, in!3qwnscs or rlamages:, including but not litnited to costs of
RA"Celexadion or inefficienqatising because of dela, , distuption, interfetlence or Iiindroncia fxoman,�
'T F Callse
whatsoever, If Perfionlignce is suspentled or &Aayed, in whole or in p:at% due to any of the causes
descrilmd in diis pstragrapb:, after 'die causes have ceased to e:dst, Subtecipient shall Perforiin st 110
increased cost, unless D��'],O determines, in its sole discrcticmdiat,r:le delay vdll, significant' imp'sjr die
v alue of die Agiteement to D X11) or doe State, in Wilich cR se, DEO!enzy do: any of all of the foljowjn(J�
accept allocated perforriiance r iddivrries froin Sul:3recipient, provided that Sti1:!)rCC'p1'Cnt grants
preferential treaty l!!iient to DEO: %vidt respect to litoiducts or services st,I)jectetl to!allocation; (2) purcliase
rlooiropahoet oSources "Nwueoursees ttohaatnar, ebythSeusburle�cjeipciteonft for
dheelarTc,lawtebdiccosts
osts l!.and ex,Pensesto te, la(:efn f the Pr(),ductsor sevi
from the Agreementquanfiqor (3terminate tree greementdinwhole or itibppaurchases maY be deducted
Retnedies,i, 'if an Event Of'Defixult occurs,DEO: shall, rovidc thirty (30) calendar da)ys written notice to:
,P
dk Sulne4ient and if t]:= Subreopiet! it fails to: cize within diose d)irily (30) (!%lcni-.1&r days I)EC) may choose
to exercise one or more of die following remoffies, either concumently or consecutively.
(a) Iletiminated I iisAgreernent upon twerity firuir (24)lcour,%,ritten notice 1ry D]M sent in conforulity
,�,vttb Paragnaph ill 6), Notiice and Contact�
(li) Bepri any appropriate �egpal or eqxAtable action to enforce perf6trnance of t1ris Agreement;
(c:) Withbold or sus, lend, payrnent, of 0 or any part of a request for p:ayment; ,P
(d) Demand d!iat t1re Sul),rcidPient zetum to DEO any fiLnds used for ine4ble activities or
imalloo,able coists under this Agreement or Atly applicial!)1c lavi, rule or regiLdc,in governing d3e
use of die ffindszad
(0) Exercise!&ny comective or remedial acticins, includa-ig but not lirnited to:
L Requesting adididonal infbernation from die Sutwrecipient to determine the rea,so!ns for or the
extient of uon compliauce or lacAr, of pletfbimancc;
q
I Packet Pg. 1188 1
III)OCumon Fem'sq'Inirm H Ar!9AAIIIIIA,Aagilk &RAC RAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
9Q Agreemmt No.: IW9�
I lissuw4t a written warmag to advise fl!iat more setious measures may be takon if die situation
is not, cortected,; arld/or
3, Advising flic Stilirecipient to suspend, discortdnue or reffiiin from inciarring costs For any
activatiles in question.
PUrstlit Of M91y, of thc above remeclies doe:w niint predudc D�'!�? '0 firom Pursuwg my ci remedies in
this Agreemelit or provided at low or in equityi,, FRiluce, to: exercise any right or temedy in this ikWeement
or failme t�y DEO: to requitv stdct petfrotriance does not affect, extend or waive any odier tiot or remedy
Uadal�le oti a�act the later exercisle of thile mme right or rimiedy [jyD,EO: for any Odier default 1))!, dle
sul�)recjpfent.
(13), documI)iefnspt udepuRteesdodtsiioonlis, .tug
fisghaarlliddseecmidee dcisoi eoisf cso2mnceem011inflaie perfoin at!ice of tili'tgtc Pat
the Sulirecipitint.decisions ace feral
and conclusive imloss flie Subliecip:iv! it filesa petition for administtative hearing'svidi D"I . . . ... . . .. 11 0" %vid!iin twentyi,one
�ll�)da3r,;ftc�:m,tficd,,ateofre(��niptoffl�iedc.,!t:iision,, ���xh�a�,is,�,ii3iiofadtniwstji!�'adverciiie,rJjesp�rlr.,sc:db�edi!nC�igptr
20,RS,:,al)isolute condition precedent to die Subrecipient's at!iiility to pitmoue any offier fbirm of dispute
resolution; provided, however:, diat flic Pardes may mutually agree to employ the Rlterriative dispute resolution
procedures ouditied in Chapter 120, FiSi
(14) Citizen Cotnplaints. 'nie gos] of die State is to: provide �ait opportumrt�, to zem)lve conaplaints in a tin-tely
mame i� 11 t,usuallymvithin fifteen (15) business days as expected toy HLIDif pimcdcaiik, mul to, ro�vjde die right
,P
to Participate in the process ianid appen] a decision whimn thereis reason fibran 2pplicant to Imlieve its appjjc�atjcjj
'wastiot haridled m"cording to program p(ilimes,, All appliciistioins:, p I include i on
the right to file a cotripl=t or a : eal anid tI,Ie process for Glitig, �a comphiin'tor I)iq�i " Pp L I nning �an appeal,
'4icants are a1lowed to qTied litogrun decisions related to one of flue" hollowing activideis,
(a) A prograrn eli,E�I.)ility determina'don
N A PrO'gr2m, asis I A I stance award, calculation and
(e) .,lprogran)de6sion concert!ui:tig]-io:u,isingiii-uitdn,iii2,gendtli,erescil[,tingpr(,)grR,mo,utcome,
Citizens may file a Written corripl=it or appeal through tlie Office oflli)isaster Recovery, 4!!mAfl at
0 t s uIrm it Ir ypc)stalmmA to the followingaddios&�
Attentiom� Offilre 4rf Disaster Recavery
Morida Die, utiment of Economic OppOrt'11=31,
P
107 East'Mdison Street
"I'lie Ciddwell Bi%ilding,,MSC'160
'I Oalllas,'Sec, 1; I�Oti da 323199:
"I'lle sui3recipient %vifl hatiffle u!idzen complznts by (:ondt,Lcting!!
(s) Invest igation's as necesis'aity
(1)) Resiolutionor
(c) Follow-upactions.
the complainant is not sadisfied, lq the Subrecipient's detennination, then the comphunaut irlay file a
vmtten appeal by follovqng dae instructions issued in t'he letter of responsir.", IF, at th'e conclusion of the
aPPeals Process,''the izorqtaimant lias cot bleen satc5fied witll flue re9Pocse:, a f6tinal complaintinq dicti be
addressed directly to the DEO: ut
1: "1 eP!P
)artmtit: of'EEkononmc 10 picittunity,
Caldivell Building, MSC 4010
101'7 E Maidison Street
P.
I Packet Pg. 1189 1
[)aa k8ai f Ervi,,,lfloce Irr AC1,1PS41 PCIII1V',7 III ArN N !!!, 4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
WK) AmWa Nhs DOXON
]Fallah,assee, ]"l, 32399
0
Ihe Fl`loi� idl"1,01 !�,OEINS2igterRiec� E
0 flo� ising, Arneridnients At of 1981. Anyonvy;v[io f�iel,s h& or she has been dMirinited against may Me :R CW
Of I dfaet�alixladml LAOT669-9777 (Toll Frej, 1800-927-92T�� or 06
,v,;r� -ra
(15) Tenninadan.
if 8ir DEC) may sii,�isp�,,,nd w,,- tixm�nsf:e tbis Agleernwit iM cause 11,11pon, tmi,Mty ft1,ii,nI, (24) hour
Iotv
Ft ils to the nrl pr pf, er,
ineffictive 'i.gse of' prrnrided unrier d us Agreetner��t� lack of Comi,4iarize �th any aplcliczl�4e
,zlatians,,;,tatutes, execu6ve or&,,-ars:, F11.1D, gi,;ideliries!, policiesdirectives ftiil�,nze, fbratrvj,,
reason, to SQ, aruVor propetly, ��,�terfe �rm g,,riy the O'll!'Jigations 'tuider tbls ilM,greeiru!IrNt;
of rej,�orl!ls that are incorrect at: iecomj,,,,��Ietc in, g natfal resl:�ect and r fi vsal fcj
seems to any dacwnen4 pape; hater at ctther nrluateloId �ns],'�,Ject! to dist,:�lt,!�,sure ii�i �,-!�der law�, lt,�Ch"U"'Lirxg Chapter
URI, RS. as amoded Ile ervtianed reasons St Tanckudon am loud 11 &a imum,,
�oetu,,,!e arie not litnitirig sale a!nd C,x th�
real"."Tct to 1)EO'S t to wiP rllrlrr"r,,te tl,Iis A�,Fee,:m, t, lil the! ev e2lt I S.11 f" or te=nination!, 'the
&a,brecilh1R,-,=t ant he entitled to reccmer 0111p, Col3cf,"41""i6cm cl.,I�,ir es CI,,
rwvy� ter minIthis Agrer,,urnent, in ;;d iole cm in part�, fr,'n couver�,ien�,,,�e by the
Sli fl!nedj,�ie�nt 6 �a�rtceri, (14[) &,tys ,;viitten notke &am the date nodii e is XI 1�y 1)EO, setfir�,g f6ttf,�� the
rnumm Re such the cffix:tive do, an$ W 6e c&,,'m ofp�rtial t!f 'ninado, the pardon Va bt�
if in tim I parE�,] te=ninaficn, 1)]EO detemarxies that t' ere,�,-AnAparb I an
of he 1WUd V91 not accompusbAhe pM,srpcs(,!� fbr,,;,,vhich rniI,�de, rm,��,y ter imate die
pertic,�Ia ffie 21,X,rard ,Iuill uot ICCO221plish the" l�wrlmqe ft,��t: ,,; hch the awa rd n�s mrel,de'he
SuWzdpknt shall continue to perf t!m, arIy^i�quurn„u.11n nw terrnittateIzi, tire vn)
commenfence. the Sukedoort shil not be endded tc., zecover R,,'iny
cc rsts for the tet�mirniIed ofv�mtk,
]Fhe )l ternvnatf,,'Xthis Agreimeta ft,conv once in owing, I the munner agmed
by the Pardes, the effictive ;late Oft""lle terrnin'I, )r,
In the aeavt thlat thils Al' ef ima is t irnin�ated, tl w SU]bTTcfj)ie'r1t dul mat doze now ob4athms un%
tet�nizlat�,,-,xi pc�!rticltl of the Agreanmt allet the dam &e Sl�,�brccijtierlt 11as tile nctificn"Itioc of
PR inadom ]1e SiO:l� cipierst shall, cari�cel ,,is , as
Allow ON costs iru 1',uTerl afteir die receil:tf: of natice,
shall not 1ie reheveYi of hability IDEO because of any-Ara.,ich, rA!' the i%greernent lty t1he
DEO irna, the extent authorized by hwohthh&�,i payawntis the Sti��!,xecipiect for dle l!n'mposc afw
off il the extct al xm,�ait ofids,r,,nages clue tc1, D�ED Fr 0911 the Khredpient is cWtenximed,
(f) Upon exl:tirstiorl I termnioition, ir,,,4' tics Agnernent the Sdondoeta atall tnnsfrr, DEO any, CDBG
1,".)R. finrchg on IIII,rrid st tf�ie tnt,,,e ofexpiration, te%-Ilrinaticrn, and any-accr,!n,,l rts :tle to tlle
use of CDBGVDR WAs.
U'[�or� mq,�,ir don or tefvni�aatiorl of' t is iligree=ierrt, the Sul:xfecipiierit sliall ftAlomv 11 ic agteemerrt 6,>sem�Ct
proceduzes set f6rt!h inztle 73C 210051 (5), F�IA('',,
(EO /'teal Sufl,'-,�,recipient's t] Rcqtdred, or ituprewim,'i on svh�cle tf i
fiasidis C`,),DBG AM WMed to the 115redl;henf: in he f6jan of a lca!n) ic
excess of$25:,()C1() rxms,t eithter��
L Be used to Ineet a nW&Mh W,tjectiNre until five ars niter exl,,�iratian, terinination oftitIs
11'lq ref, rmrlt, III, otherwise ag�,,eed Mon by tba Putim, of excel a as set her :,N; ot,
2t rI �ob;,IOIw DE�O an amorutit eqwd to thie
cul r" t llIoti%sIaLdaetoofmthe iI S�tieab:prcNretty liens, p,(xt6on of the'v'h.watt6Iaalt11tcr of r�Ic:m,
N
Packet Pg. 11901
anrucsbn iIZ11,11viWilm 111111)�� MAArP � lftelnno,2 mr%r�lq
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO.Aam=ent-No.: 10092.
CD:BG DR, funds for dieacqr,rdsition or improvement of the propettv fit firer years after eViradoe, or
terrnina6on offlusAgreement.
'11'he tights and remedto,B i,-aider d�iis clause an: in addition to any oflier tiglits or!remeffies [Yrovided 1xv law,
or U11der diis A��ieetnient.
( a) All notices privvided under or piLtsuarit rc) this Agreement shaH ble in wnting, cidier by hand delivery,
fin class or ceriijficd mail widi return reccil't requested, to die representative icicntified ixbtai at die
address set foriiii, below or said notiffintion attached,to the otiginaJ, of diis *eernent,
Tbe nqme nd addri-sis of]),EOs Grant Ndanager for flLi1s.Agrecirient is�
der ",[he name andadckess of the Uwal Contact for this Agreement i&�
He'lene welhcril�3'trr� 11
- . . . ......................... --- -- . . ....... . . . .........
,2 7 9 8 Overseas ww-,,
. . .......................... . . ........... ....
INdarsthon, F1 11 �330150
......... ...... . .. . . ..................... ... ......
. . . . .................... . ..... . . ........... . .
Pllone� 305 504-3036
Fcar : . ........
urrr
1r1;- . ...... ..dnrdrrnrFnraPrrwnanrarannanru. ..................................
(d)ff different represientifives or �addresses are deRignated by eit1her Party after execution ()!f this
Agreieinen% nod(:e of die name, dtle an�d addrei5s of the new reprieseritad 11 ve will lx FroNvirded as stated in
paxagrapli, (1, 6) �ablo:ve�
(17) Cointiracts. If flie Subrec�pient contracts any of thiework required unidej: tbis jkgteement, �R copy of die
proposed contmot template �and u,�y Proposed annuadments, extension5, revisions irjr other (:hangeis d!%,eret(!),
must Ix., fon�axded to DRO for prior Nxtitten approval. For eacli contraict the Sul��xee�pjent s
E hAll report toi:
D�IE 0 as to uiiethiet diat contractor or!,my subcontractors Wred the con'tt-actor, i,s a minority, vend,or, as
deStied in Section, 288,''703, 173 rhe Suixecipient shall contI3131, with dw procurement standards ix'i 2 CY R,
§200,318 §200,,326 w1wn slervices under. this Agraemennt IIrrdrr to Attair.hment D).
".111C Subreciliient shall include die follcmnxig te=s and conditiOns 111 qny contract pertaining to die wotk
reqtdred undrar tllia Agreetnent��
(q) dae pedod, of pe1fi)nnance or date of completion;
die performance rexp,drements;
rdI
( r) t1lat dtic oontracu)r is bound 'by dic tenns of t1hi s Agreement;
that d3c conbractor is tmund 1q, 0 applical3le Stateand T�edcral �aws, rulles:1 and regWations;
(r) diat Ible contilactor shaR hold DEOand die Subirecipient harnaleas agains"t In dainis of %ldlatever nature
alliaing out of the contructor's perharrnancc of'work, inader this Ageem-nrant;
ddm fl-w obligation of the Srfl!)re6pient to docLimentin Sut)rcci iettes, re orts flie, conu�,,,urtorls 1,D2109TEIss in
perlkxrnting its worl[ under diis Agreenient; p P :$
dae rcqivoetnents of 2 CFR Appendix 1!1 to 1?1art 200 ............ . Contract Provision for Non Federal Entilty
Ltd Contracil���Ui!iderFed,cr,�dAm�azdi!s (rcferto.AttachxnentL)
E.
I Packet Pg. 1191 1
1�3crmglhir� 11111 )�� 11IAAA,flne I III 11 :::`2 AM 11 M, ll:::i
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Amemeint No.: 10092
SX11wed"Pient inust cottip[3-witli CI)BG teguhd(x ts regitilingdebiarTed or swe(Ities (24 C.F,K
01.4(Dtrovided to excluded or ified Persons arud
pi-cnisions addressing fid, jtiqcnent� Plerfiarniance fjoinds:l, if applicaWe,, and liqxidated darnages.
,)IIIe Subirecipient inust ensutc �%U contrac,ts anild agreemerits dearly state d!ie period of perfirraiance or diate of
conipletion mid iticotpii Plerfornisince requirernents.
The St6recipient alcall inaii-itain oversight ofall activides, erfiinned ivider d!iis Agreemimt ind sliall ensure d�iat
,P
it's cotAractorg Perflinim according to flie tertna and C013(fidiong Of the, roa�wed contracts oir agreements and t]!ie
temrs and conditions of diis Agreement P
(18) and Cunditiorlis Agreetnent contiins all die terins and conditions agreed iopon I�y die
Particis cre are no provisioris,terms, conidit'lonS, 01i 01511gationia offier dian diose con tained in diiis Agreement;
in %writing by �an axthorised DE01 official
(19) Attachments.
(a) IT ally inconsistencies or cOlIffiCt Inhween the languAge of this Ageeilnent and 6ileattachtnents
atise, t1lelanguage of die attachments, sball controll, Ibut only to, die extent of die conffict or inconist I stenq1,,
0�) 11dis Agreement
corktaites die fblh�rwmg attactments:
AtiAchment A ............
Scople of Woflt
Atfadvnent 13 "',
I �I'lroject Demil, (Exarnple)
.Attacliment C,,��
Actinty Work Plan OExainple)
Attachinent 11I�)
— Pro grain and Specia� Conditiozs
Attachment IE
State d, Federal Swutes:, Regntations and Policies
Mtac1cment F —
Civil RJ&s Clornpliance
Attacl=ent G ............
Reports
Attachrrient H ............
War!tanties and Representations
dkittachinerit'l
Atichtl1equircments
Exhibit 'I to Attachiment I Funding Solkirces
Mtachnientj ............
Aticht Compliance Cerdfication
Atrachtnent X ............
S'I'IRA i i�UtIIAoriZILtI0lI3 For�m
Attachment L
2 CER AI)pcnchx 11 to Put 200
Attachinent M
Stibrogation Agreenicist
(20) I'lundi!im!i,g,/CoiniBideration,,,,,
(!e) ',lIiic figniding for this `erncnt shall not exceed Fifteen 'Million, Doluars and Zero Cerm
SUI��)Ject to flie avaffal!)113, offfinds. The State of Florida and performance and
olibigation to play under this Agreconent is contingent tiponatintial apprn, donis liy die]Legislature and
,P
sul!)ject U)i any modificadon in accordance vidtli Chapter,216, FS or the ��"
tihin.DEO�ifl�vifUnds tie Stitnepicint by ixiiig 1tjce Subgrant Amwd/'Fund
Aviailal�iffity (11"NRA") through DEO
anagtifocniation sy'sterri, Ifaciii NRlA nrav 0)rmscoditions, assaee, restmcdons or oflier it!I11'stnictioris apcal)]e tothe fxndis provide4l
1) r ffile NRA. By accepting fitrids made araiLabile throug[!ii an Fi�, the Sebrecip" N font agefts to COMPly oad!i�
all texiais, rondidonis, aissurancise, restrictions or odiell instincr-dons listed ini die !,4F,zk
(e) 1!337 execudan of this.Agreement, the Siibrecipient cerdfies that �necessary wdtten administradw
procedures!, roceSserl land Esctd, cotitroils are in lace flor d�ie operadoin of its CD "BG I'M ptograin, for
P
which die Subrec4ient receives fitridaig fiarn DEO. Ibesewrittxn adt!n!�nistmdvii��,�,,!�irocedims!, processes
and fiscal conizals raust, at inintinuin, conip�y widi applicaf!iilc itate 2111d fedetal Law, rzilirs,, regiiladons,
gxidance and d!ie te=iis of dais Agreernent. ]"he Sti��)recipient agrees to cona, ly %%ith afll die ten!!i,!iis md
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conditions of Attachment D idtaled "i ojzr,,Uln� and S ccW GondiUnns:`:`,,
D " p
I Packet Pg. 1192 1
DisnuSllan 11Ar.'21&1111 A-AA11:A—A KAI, CIAAftlillr�mm % ii!no
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Agreement No.: 10092 .
(d) 11"ie Safl!!Dredpient shall explew], fimids only for allovvulle costs and cligil3le actkrities,, iri accordance
Vith die Scope of NV'fjrk,,
(e) 11'he Su1'Dreciplient sh,ffl in, dile manner Prescrilmd IV Me atAdiorized
signatory for die Si,d!rrecipient set firrda on t'l!w SER A,,,kccess Autliozizatioll Forea, Attacin-nesit I, to diis
Agreernient, must !approve die mjj�=ission of ea(:ll Request for Funds On 13C1321f 04the
Sulnecipi I ent.
(f) Elixicept as set f6r6i herein, or unless othenThae authorized in w6ung f�y E)E0,, costs incurted
elia�blie activides or allowai3le costs Prior to die effl6c&e date of' fl!ifia Agreoment are ine]4[de for fwiding
wld!i, CDlBG,-,',DR, funils,,
(yj If the necessary fi,inds=enotace aliable to Ifirid tbis Agre=entas 2, remalt of action'bytbe United
Statels Congress, flie Federal Office act Nilwagement atul Buc�,ict, the F,Iorida LA-gidature, t1le State Chief
Financial toy
fEcer, or under Subpar"Ph (20)(�), Mandated Condidc�jos of diis AiVeement, all oL)ligadons
o" tile ParDE10 to indke any funber a�Tnent offimds,��l teralinate wd die'Recipient s' al suE)rnit
P h I
its airl-ninistrativic dicascoutriTort and sul)grmt agixeincit doscout packjags, alivitilin (3101) calendar
idaylis from receipt offiotice form IDEG,
(121) 111C Suf�redpient is Ultinlately respon&fl���Ie for flile administration of t1jis Agreemetit, including
manitoring �m!id oveniglit I person or, entity tietained lor hired 1)y die Subirecipictit
(21) Repalnnents
(�e) 'Me Subrecipient sliall onlyi, e�q)iejid filinding under this Agreement for IaUow,a]!�lic costs zestdting
froin obligadons incurred di,aitag the Agtxernent peri:lo& 'fl%e Sul'irriciltient shall ensure that its contmctors,
siat!ilcontmctors znd cunqultarits, onlT aq�ietld, funcling, UI Agli,lIecrnerit fieralliuvrable costs resulting
fiorn otdigations incurred dudng ffie j%grizernent period,
(1:3) 'In accordance v6di Section, 215:.9 �7 IFS,fllc Subreo4)ient shafl: reftuid to DEO: url,r unobligated
funds,which lix%/ebeen advariced Raid to d!ie Subrecipient.
(c) "Flae Subrecipient shall refund to DEO �my finids paid in excess of the amlowit to *hich flie
St, flneciplellt or Its contractorssublicotUrsictors or consultnnts are entided'under die temrs 'annul conditions
of diisxkgreeincnt,
'd) I'he Sula:: ecapient shall refivad to 0 arr funds received for m acd,wity if d�ie activity does ricit
2 DE r,
�meet one of tlle d�irce Natiorial Objectives listed in 24 CT1111. l,� 5 70 183 0-1)!, (c) atild (d); provide(l, howel=�
die Sulbrecipient is not reqtdred to re �ay funds for 5 ubgrant adinimstraticm unless DEQ, in it sole
,P 3
discretion, dete=ines, die Sul!wedpiellt is at fwflt for die inefgil)ility of die activity in quesu"011"
this Agreement or ap, iircsl�lie aw Su(Ji reiml)ursement shall bile setit to: I )E0, Ery pan Su'1Vlecipient, widlin
P'l
d1irty (310) calendwr days fintn Subrecipient's reiceipt oftiodficarjoIE, of siuchnon,corn,
pliance,
In accordance Nvidi Section 215,34(�):, 17,S, if a check or otlirr draft� is retmned, to DEO: for
collection, the SWnedpient shaU pa3l� to' ' 1 )'EO: a gervice fee, ofS 15,,00 or five percent ofd!ie Fare arnount
ofth,lercturnedcl,ieckordn,ft,w),��iche%,erisg�reatirt. AD reftaidsorrepayments tobeinaide toUH10wider
dris Agreement are to 'be made paya'11101e to die ceder of "Departmittit of 11, Zonomic Op
mailed directly to DEO: at the following �addriess: Portanity" and
Depi,artrisent of Economic Opportunity
Community Dinrieloptraent Block Geant Programs Cashier
10 7 II''illastNfialum on Street NB4001
]"allabassice, Florida 323991-6:508
(22) Mandated Conditions.
(� The v6dity of dris Agreenient is su1slect to the tnith and accuracy of all the infrornation,
represen�tstions qnd matedals, sul)rnitted, ar-pitovilded 1)y tbie Stfl!Ixeciplent in flais zkgreenaerit, in MY 12ter
I , '! I
BL11)n-usision oti response to a 11 2,10 request or in a,n,y submissit)n or resplionseto EM t',�3e re9wretnents of
this Agreement, All of said informadon, rel3reseutations and gnatistia18 kre Incorporated herein 1�y
reference.
U
I Packet Pg. 1193 1
I1nCJJRRI,I Air"r ll 14A AarVA A A, IIIASa
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DF-O A=== No.: 10092
]"hil; Agreernent shall lw coristrued under die lcNVB of die State of �rrrda lanid,%lenue, !Fo�r any
actilirns,ansing out of'thi,s Agreement sbA 1)e in the Circiait Court of I con Courity,, "Fbe Parbes explicitly
waive anyd& t!(!!j' j=y trisL
rovision ol� this Agreement is in conflict vitla any applicallilie statute or riale, or is
,P
LID1011forceable, tlien d!iat
Prolillsion shall be null and void only to nwdie extent of thic cote flict or
Unen1brceabilitv, and tat p
hrovision sIrRA be severable frorn anid sbO not invalidate any ciffier Provision
of thisAgreemem
(,&) An')rpowerof'appr�,)v�Rlord,is�a,p"prmr!algm!MitedtoD:II EO,u�nderd!Metirttn,,!solftiiisAgreen!,icntshillLU
survive the terz!iii of dtis Agreement.
(� I"his Agreement rniaylw executedin any nurnliet of counterparts, any one ofwhich may, be taken
Mrs all original.
(1) '11re Sui!iiredpient skilll COmPlY With all R'Ppbcalrle locA state �a�nd, BI laws:, incluth iding ,11111,
Arnericans'Midi Di4��)ilides Act, of 19190, as amended; t1w Hioridu Civil Rights Act, as arnended, Chiapt=
760, Morida Statutes; �,'ttic V ��l I of, t Ile cil�',il Rights Act of 1964, as arniended, (P,,L 101 336:, 412 U.S.C.
1 1,2101 rPq and laws mrhich, rohibit discrimination by pul)lic and priviac entitics on in eiinployment�
P
publ(err
ccoininiodations, tMisportation, state and local gnveviment services �mid,tiitlecr)mni�,�in�c�ati"O!nl!q.
a person at affiliatcasdefined in Section 287,133Fvas Imen, placed on die cota%icted vendor Est fioflo%,inng a conviction fara pullljltc entity c=ae may not
submit a bid, proposid or reply on a contillact to proilide anygoolds or ser%-,iceq to a pull)lic entity; may not
qul=ita'�!)id, proposal or reply on a contract Nindi, a Pul)lic fortity for the consUnict 11 On of repair of a, pubh'c
builidaig or pulilic vro&; i-nay not subimit Illmnd, prciiposah or roplics on leases of real prop"i, to a pji]�)Jic
entity;rnay not be awarded or perfonri, work as a contmaor, supplier, subcontractor cir cotsultant under
a contractwitli any public entit3q and may not trartsact btisinessvitil, any pubk enlr I ty i I n excess of ddrty
five diousicnid dollars (
,$35:,0(0) for a pericid of thirty six (36) nionths fUllowing the date ol� E�eing placed
on the convicted vendor list. BY executing this Agreement, tbe Stilzedpient re,
,piresIents and %ur =kts d!iat
neitlmr it nor any of its affiliates is currenfly on tlie convicted vendor list. "I"he Sul)recipient shall disclose
if it or any of its affiliates is, laced, on d!ie convicted vendor list.
P
(h) Rgtouant to Secdon,287.134,11,2)( all, entity or affiliate, as defined in Sec4ion,28 M"hio
has been placed on Elie disirru-ninato��r)ry list my not aubmit al')id, proposal or reply on a contract
to provide any goods or sces to apublic entiAT, may'not sulmlit a bid, propo&dl cir reply on a contract
Midi a entity for the construlodon or repan of iR public lnlilding or pu'I)lic wotd; may, not submit
bids, proposals orr replies oin leases of real property to a Pul),lic entity; rca]�,, not II)e awarded or p,i:1mfbnn
ivork IRs a cot� tractor, skApplier', subcotitractor or consultantmider Ia cona!'actundi any pul)lic entity; and,
may not transairt business with suy public entity. Byexeci�itingtWsA6,reemen�di,eS�,gbredpictit!t�e, resents
,P
and warrants drat nipiffict itnor any oohs affiliates is mrmndly on dic, discriminatory vendor list "Ile
Subredpictit allall, disclose if it u�mr I of its affiliates is Placed on d!ie disctiminaviry'vendor list
(i), All 1)ills for fees or oft!'er conapensation for services or expenses sball be suInnitted irk detAil
sufflizient fbir a proper pi'�atidtt and post -audit diereof,
0) Any, bills For timvel expenses shaR ble sul�inritred and rbursedl in accordance vVidl Section
112.061, F,,,S., t'he ruirs proroWgated theminder and 2 C RK § 2010A174
Agreement,
any intercist incolne shaE eithet t%e zletumed to1)'E(`) or be ap, ed agansit DEO's ol)pigabon to Pay, d!le
Agreementaward amourit Pli
Ile, Subrecipient bere1q, ack!noorle�irr
es diat die Subreciplient is subject to Floti,da:`Iq Government
in the Sunsidne Low (Secti,on 28,16LI 1 1 IRS ) respect to the meletings of d�ie Subrecipient's goventing
board or d!ie tneetIllgs of any sulicommit'll!15C Making recortunendations to d!ic governing board, Thic
Sul)recipicnt herel)y Wees thatall such aforementioned meetings shall be ul��ihcl,
P y noticed, open 'to dre
,public and the Minutes of all the rnectings sball' be pubk recordis made %vaiW!)le to die pulAic in
accord=ce Nvidii, Chapter I 191:,E&
'rn� ]le Sub:reci iientslaZ cornpdy m&h sectio�n 519 of]R L 101 144,, die Depmtrnent of V�teraas
, )i P
Affins and flotising and Jib= Development, atid Independent Agencies Appropri I ad , onsAct''1990-,and
IF
I Packet Pg. 1194 1
nnn,nimii, 11,11"M 1111 1^ APIWIMA AR8ZK-A,;Ai:::: 13AAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DRO Aweement 10092
section 9061 of lc 101 625::, die Cranston C;onzalez National Affordable 11ousing.Act, 111990, by having,
oflexecution of tlds Agrettru,121, ='idenfrocitig, the f6llm%ing
L A , dix:y, prohilx1ti 11g t) IC Me of excessive fritce by Law enfi,
P H ncetrient agencies vdtldgi its
jujudiction against Rtty indiinduals enpge�l in non vialent cisril rights dernonstrations;and
2. A policy of enforcing ap, licable State and local lxws againist physicaBy Ix
,P rring entranee to or
exit fiorn facffit�? or lo(!�ation wbich is die sulbject of suf,:b non,,...ion cnt civdrigl its demonst=6ons
witInn its puntrisdiction, $
(23) LA3,1bbying Probillition.
(a) No fands or other resources received finm 13,11]'11,0: unider dots Agreement tnayl)e ined directly or
indirectly to uOtLence legislation or any od!ier official action the MotodaLX&Iature or " state
RgIMICY,
n,:i) signaturr tofliis,Agreemera, that:
L No Federal approp�dotcd funds have bleen paid or 'sAl be pmd, by oir on, E)eba,lf of the
Subrecipient, to any persoll fbf, influencing or atternpting to itffluer=ati officer or o!Vloyee of Rny
Rgency, a �Mein�ber cii:f U)ngrcss,an officer or enijiloyce of Congress or an etnpCoyce of a Meniber of
Congress in comiection v�d!i dieawarding of anY Federal contract, die rnakiDg of �any, Fcdenl grant,
die making cif asq, Fede=1 loantbe enr=-ig into of any' coloperative �ag!ii!!�rement, annul die extej!NRion,
ContinuiRtion, renewd, iarriendment or modification of any lFecleral contract, grant, loin or coo, leratrirc
agneelzento" P
Hany fimir6i oflalar t1han Federal approprrted ffinds hav�1wen paior willI)e pid, to stlPr5oll �fzicng or attempting to influence an officer or emloyee of:myagencjr, a \,fermIxt of
Uxagresis, an offl(:er or eiriployee of Congress oran entployee of alNdembier of Congress in contlection
Nvith tbis,Fede�ml contitacr, gnant, IoRn or cooperative agreement, thin Subrecipient shall com, l,ete and
,P
submit Standard Form 111, ''Dis(Iosute porlir to 1"Report Lobi3ying," in accordance with its
histrtAcdons; and
I " ll'ie Std;)recipient shill require fliat d:iis certification be indulded inn doIe uacvruu 'll docwnents fbr
RII Bulmwards at all tiers (ituluding sulxorltrRcts, sulilymnts and contractq under gmnts, loens, and
coopentive sgteenient� ond that RE subtecipients sh,all cerbf�- atid disclose �as described in diis
Pacud ra, ' i ( 24,, above- Ibis cerdfi(:adon is a matmal re, resentad I tin of fact upon whicla reliance %vas
P1
placelid witen d3iS tranisaction was made air entered into. Sulnnissk)n of tEs certification is a
prerequisite FOC nraldng olt enteting into this tt"Ansaction imposed by Ali U.S.C. §,; 135:2. Any plecsoll
who fifli's to file die required certificadon shall Ise suNject to:a civilpenalq, of toot less dian ten thousand
dollars ($10,,000) and not more than one litindred diousand dollars ( $1010,000) for each such &jlure.
(24) Copyright, TrAdern ark,.
)�ny and all patent riglits accrumg under or in contiection vrith the petfiirmance top flais.Agreement are
herieby reserved to the State of'Rcaidi, Any atui all copyrights acmjing tindeir or in nn conectiomiiffi the
plerfomiatice of thisAgreeinv! it are perch trans&tred by the Suixrecipien't to die State of Florida.
(a) Ifthe Su1brecipient has a pre existing patent or copylighi, the Sui)redpient shall retain OHghts
Old, endrietnetits to that pre existing paralt Or CE11pynglit u1nIess the Agreement pro6des offiermnsew
nJ�) If any discovery or invention is developeid in t1ii.- courve of or as �a restAt of -uoik or sein,i(!ns
petfoxnied,under this,Agrecrnent Or 1n any,way connected,,vith it, the Subrecipilent shall zefir 1he disco%n
U UY
or invenfilion to II IIIEO for a detennination whether die State of Merida will se e k patent protection in its
name. ,Any patent njetts accxuing under or in contlection aidi dae petfintratance of t1iis ,Agreement ate
oeserved to die State of Florida. if any Ijooks,manuak,� 61nis 10jr 01 1,
=r copyrightal)le m2tetialare produced,
the sulbrecipiellt shall not!L�rl),EO. Any copyrights accmisig under or in ccmnecdon,%vith die performance
undex dna Agreement �are transferred, E)y the Sul,)re(ipient to the State, cli:f Roji4la,
(c) Wid�in thirly (30) calendar days of execution (��)f this Agreement, thile Six1)recipi=t shall chsclose
all intellectml properties relating to the, efffirmance of MilsAgreement which he or she knows or shold u ,P
IN
I Packet Pg. 1195 1
DOWSM EMMIMM III', Af13AAA11 P"tie V21fl1!!!'%,AFM 41:::11
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Agreement No.: 10099
knmv coAd give rho to a patent or cqjQht, Ile Subreoomt shall re(.�dniIdl r,uid e,aiticxnents to
MY Madating intellectual jinTetty, vf is sio disc!losed,, 1,"Za ihir t!c:y diiiclose vill, il If"ficatic d%at no wllY h,
prcq!,terty exist's" asird DEC) shOl have the right to 0 pwWrits and o,,�Pyzi, icli accrt',if diuirg
perft krriunt-we of`tlhAiiHPecinerl"t,
(25) 1.,ej I AizthciVtiziatic w.
10 Me Subeopierit certifles that h �I llas dim lqgal zud:io6tyj,!o j!ecr vo d!m this Agreetnent!
atid diat! its govetn�rig has ailfl ior�fzed the exccution, atit � ar,!eeptanr,,!t of this ilignt,.,cir ent. The
Siabv,,-,�cipicnt cettifies that tl'�e undersigned penon him the wathod; to legally execute mid kind the
tol tlie T:anris e,!)f his N,,,gteerrwnT:,, D] it!s diiscretilr,'�if;, l ir", doiis,:aentatian
evideni,� ii,)�g t�h,e f u,��dev,,,dgtted I'm 1 motl[writy to the to tilil,", r,,,'��,gremnent as oftl ie date
exemaks any Wh docurnentsdom isincozpartit c�l, het refi,,!xence,
]['he Stdneopiftlt UMUZOM &L" to the of its e, the. is no pending or tEu eaf:t, ed
action, jitur 'eedhig, WVWtkSdOM 01 Zny other legal or finw3do vvay prohil�dlt,
NtY ac dii % SuboQ%all &Uq SiWsy Its Agreement shall
imtrtiediatelynctffy DE�Oinvv�otisig if" its aLn1fty to perform is curniprotnised iii, Tir",inuiler Cluirug te:(
of 6c Agreernmt.
(26) Public Record Responsibilities
In on to es nuponWity to ditmctly raponc� to nt6h re,ii"est it teceb;'es fi,w
,f,;nfh tJ,,ds Agr r en t and to provide al plica]'Ae PT,1'wlic rer,,,,onis it:, to
9111ch zeqtieet, the Sliibreci�j!,iient Bh,a]l nc� tifii DEO of t1i.,n reeij,it gti�,d Coro'colt of "all surl r arpusts kryr sc,,dh tg
8111 CICCLRII, to VoWn one (1) 1n"niness �,,�iay ftom if it ipt of die request,
(�!!i) Tl-ie Siibii!,t ciplent sliall kc4mrl rwai"ritairit :eqtadn�d [)EO to perfoiit,,,i the
Stibrecit,rient's hereundet shall, reqi,,mst , 'c�,rn DEG's ci,mtoidiatn of
piibhc tect,!otls, j�,iroviii fe D]���O �;,;,ith �i, copy oft]n�c! rier"'juested, reco, a or a llcr,�Xv� tl%e records tr!i be
iPirwp
!ir cc�,l �i(,�,idwrfhiri� a reasonable We at a cost tat doe s t'l� 0 t e=ee, d ill e r'!= t Pw%ridc(,i 11,,y Chap,t( 119:, F S,,
ror as atherwise �[Ioe S�al:aedpiera sb,� �l all( nx�,,, public access all c1ociariatnts, lespers:1,
e or receiiied by die Slared;hentin corj-1,inctio'n "Vi'vid"t diis �ecnnient,
t,]'ie rec:otids are exempt fiorn �Ilirficic Sectiorl ZQ of doe EI,cxida mid Section 11900):,
RS, For records arade at recalired by Stibtf ,,cipient in c;npiaicdon 1]!ais zl�qp!eeineta, tixe
cipif":,rit shall, zespc�,tl(,i to It'( to lr;liper,,!�t� in col y, Bii,i�,:,h ords in accordance vvitla Chapun ��, 19,
FS � Or Hipp ir tich refpaests' E"")z recovils Out arm PUM Mecows, as j,,r1zbli1r,,,, recoulds Rr definedirt Sectii�!!4n
119,011, FS, the & Cf)'teCiI)iCV,t WE be responsible Q PwvWhg mwh r.,�,iublic Pei!! tl,�ie cost stnu
t,�uirr, ded in ('� I I I IT, and in acandwkcc,,v,,, th all other t( �,,qiai rernei��ts 1,4' Chaprf,,,,,,r 111,,), c)c as
ot,lieri,,wise! prcr%rided L'ily, istw,
0e[)EC) ft,'ntefusl the S�ibred�I�irttc!,,i t:onaply1Opm
at to pii11xlic acce"us to iirare or reciiied theFdplicreic:cirds igntills
eli
tpi
If, fruit rn,rtposes of, t1lis ieetnen% the SMOp[4,,nt is a as Sect�,f,,
I MOM 0% FS, Coraractoi"),,tfie Siid.,weril slndf ti wisf6r to DBO, at ry Y
cumto DECI 01 tipori WIdIg barnirm6an, of I is cenietitor dicel'.,)i siid
Maln'tain jl'�If ft')rtriffieset-i ice, Iftbe Stjt%j!)!Cil Xi t (;ctitractor transfers
iE puIdic records w the pubbc agency trpr,!)n ,�)fthe ,AqVeemero,!, t] w St,ibredpiir�,Iat contractor
"l,lepduexernpfratn 1,ni,fl �H( recr,,ndsshall rilestroy rr+yciupcp
disch �mau,,e ret If the worimactor Saps and lnair�tail,�,s pul!,dlic recarcis 11"Lpot'i
completion of the Agrmniaent, the cont=ctor slr,,,all ,rnir,,,�et alll apjilicafwle r r
rctailligl,g J)'111",31lic records ni ai cozdar,�xx ,;,1,,,ith ra 119 &nd 25 7, FS, rkll reli ordIs stoierl electtonically,
rm4fa! be proirkle,,'! • to reqtte,�,,rt� &ogia D�ECY's ofp�,�bhc i"ecc,"w S, in :a 6,i rnat tla,'At is
c:ornjia tible the txlnolo�,i wal^,0em"rof'DEU,
ow,
Packet Pg. 1196
�)OCU'SM 'u'u ll"Wv lllooR Ilmt MMIi &�, A .m AAA AAAM iYM. n..
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
(c I: 101 does es not possillisisa t' lm 'ud requested flarougha, .mil m:uj 'mul 't AW
wu hired' ient contractor off"'the request est s soon as iJe, and the SuIxeciptent connoctor i ust
m
;tm� um:m°'u to � t1:^° 1 or ' u w true records t prole inspected or copied uu�mt uumm ' reasonable time If
tuwmmuuu"mu t� uur
., . � �� pw u: ��.l.l mumufmuullum tlfimuu,
the a � recium m�M-cone
mint m�muu � mmm°t t� a ��� � m
tractor m marm m�.m � �� � .mmm�; � um
p,romions et. forthtnu.t " mwm ent unlwmeci m trot contractor
um rot pm:�.'mm mm reasonable p m l m ii wm M
�� e subject to pemualtt a under Section tma^ n .119 101, 1
ummt " � 4 � � � � .,�w�.@l��m�ll�urs m�����m�� m� ��nu u���m'� mlm�m �m�wu"� m�uwu" in
i �"I III pmmm ��thin vlm'mmt � tu'mrwnu � �'ml.:umuuum�mluu.
,, umu'u��m mw'uummt urpu�p mutm III Oum u�ums'mummm tm:'i'tm�m"I t.luu
rep cou:mrs mud:
business) 1mwy anyone e t::mm uut um.uaea �ept ent t vmi� II' .Ilf�n� I"be ubrecupuml out pu ll wumulmu�m� twmm course
III E
protect die ".rot ,t ">';� rightsIv� t� a �w �W,�..t'rr� '�,� il'u"s"m^ t's mt"mTM'm�"�i
(g) The Subrecipient °acknowledges that 'II]"D I.S uuull)1`11e t to die provisions of Chapter Ii'.1 S 1,
relating to 13itilAic records- and fliat reportul mmuvoicmand other dumuuummuumutu true Sulbrcdut 'mmt wwubrumit to
under thisAgreementconstitute mmtlmc xecords under III lrequirements
ruu�Statutes. °.0 u�mumu�u�luut ump:
p
cooperateutu u umME01's f!s to umpl mutla tmrequmwe nts of hapit l buS
if the umbmmeciptwnm'aut muu�lcnitmu records to, 1.1)E0 tam' t are confidential, and exempt ft m"um pumublic
m isdoimuure am, track, secrets or propitietaty confidential, busitiess tmm.fmcorn girt, such records should Ile
identified as such
irecipient
each t tom nth � e' requirements u, " Chapter 1 , ° dot u�u lmm tt roof t the ordpi,l of for
1
mmuu t submittal rum ��R�� marm:mmmtu� t�wuu IIEm'�
serves
irec:4)ient's waiver of a claim,
t�i are ex mmm rots r on uu"��en mundexe exempt itummmm'umu�mlmm � � records
o exemption "l�'um� uu�m mmm mi mt:shal m misuuum .AIIAu eco wh,
0 lair for the m uumuumt�mumu ofpt�m ' m g�mu utmt � m umum �mm� m m 'rout mug m'umur disclosed
uu
exc
r�e. smut mmmm.mu'u �m ..�mmmt..�ummumtmmmumtumu' um m"mumt t°:. uu �1m mumm wing u��umttmutu. um M.mu'
u u dre " uu�mu mui records to D ; upon commmm,.l t.t.ummm,
m'mmm:hadi ug t° .m.amtt,on, of time Agreement,,
,.p 1 IN APPLICATION' F mHYrER 1191,�,,,,
ST.A
1,.,a nCIPIET, ICIl.wR,A.R�illl�Dt„11TPROVIDE PUBLIC . ,FOR,
m PUB11CRE ,01 S y, telep'l-ioneat
2,451C( ,U °R u���T ',
�� „�I 1. Via � �� N Il iim a t��t a t u u m� t r� @
YY� I 0 ��n� f "4 I Ar
Departmenti " Illf;; lm,,m m 'mr m:iii, ,� rtulli'�,, ° ,,,m ' n . ci 01 iY°'
le
umu � ''�rlumu die
I� � 12W tileum��uu,�ll m m�mt u�ummll I°.m�u�. ��.m,muuIY lmut fiat
m�n'Immmum�ttuumum mm ut nit^,
nd, umuu�mcontuuummtumm uu and
State m.tm a , �mi.m.mlIllu hum'
the !uummuu their officers m entu� 'amid a nsp �u �from suits, actions, damages, ano t: of
everynatne
public record loin iicladmumm� � to emu caused m u umu 'amm t°um' mud requests mmm
u Il description:, including ttmum mm m:aml icing mm� r relating to public muuu
t m, die uuu uu mm a mm m mm t,3 rots agents,
emplmm mm' �. t
uuumtmmuuu lutmuuu m�' °muull.uutm��um�u'uum �u �a�umummm�"mumu that the �um��llummm mm'mmt um�u umm�.
Qua fro° t�.ult a utmm
um�I lummiou °�u dull tau' uu .' m u
mmwm�uu � p uut� � um mmuutm m��m,m«rot mum, muumm mw� u..�l u muu ut mmm Rio t t umu mumm m.,um uu.
l lEZ t:mm rot. s lm mkt cm tum�'m'u i.m a the i p
��t, Imumt not the mulAm;tiummua to emu"mm°' this
indrmanificadCM Ptmuuµ mu mow
° I u..uul.umSubject
.u .m� cuu
t �uuu t� w m�mum�u.
uu t to Cu rot119, ", S
ui t cipent lial not publiclytumm�ruut any immtmummuummuun� tis A „elment Woutumu,o
or
written uu.uuap fmmuqE aincl u u�, Initmmut limited to,, uemmtumuttg this Agmctnent in m mmuuu
release
IM
Packet Pg. 1197
C)DCUS123,1111 111 1At 1.17!'Mii 1,11 A i All uIZAAR I,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Alpeemwt No.: 10"2
or other promotiomd up �r[icr�l�
DEOrtlk)r1ecipilent"s name and descril?6cin of title Agreement or dietiame of D,EO or d�ie Statin ra elaq
inaterial pflilislied, cidier in, print or 111leCWD13iCft11Y, tO Rtly odier jet6ty dtnt iq not a Rftlt�ir to fillis Agreement,
except,potend'al or actual employel agents, representatives or subcontractors mriflt die professional, sjjl115
necessaryto PeLfb= thework se-tivices required by t1te Agreement.
Mie Sulnect ient shiidl col vbt��!i die requiremen is set �fordi in Section 'I 19.0 7011, 1:7,,S when
P 11 :�
entering into any puldic agency contract for services after d!ic Effective Date oil' diis Agreement The
Sulxr I edpient shallamend ti of die Sulnedpients public agenicy contracts for services already in effict
I I or in part
�a,s dw Effective Date ofdi is Agi!,eenient and whicli contractwill or may be Funided in,wholii,
I i
with any pullc [�,O may terrainate this Agreement if die Sulnecipient doles not comply ,%ith this
provision.
(27) Enipiksyment Ell''V111111''Jity Ved,fication
(a) Executive Order 11,,416:, signed IS11ky 2 7, 2011, by die Govcrnior of Morida, reqUares 111�111X)
con tracts �s excess norm al vgue to mpressl),, reqwre d!ie Subredpient,=�
1, Utrliae flic U S De !artinent of Homeland Secuntj
P ps E Vetif� system to vctj� d!je
employ'ri e4k%ility of'all tinv einpiloyceis hired 1q, the Subrecipient dtoing the Agreilentent tenn;
mod,
Z, Include in aU contracts under 'this Agreement die reqUiri=ent diat contmetors,
sublicontractors, cotisultanti; and subteripilen is perfbisningwoilk or providing services Pursuant to dlis
Agml, y B, mploymbyo� all ew xhy�rrrt rsgliats4n
the contractorncWmcontxact
'ro'
looV� system can be Ebund at:1111e Deparnetof FmeandSeciatityE
(c) U the Suixecipient does not hiavcat� Nfaul in fil,ic It", dile Subrecipietit must mroil = die
E-Verify system prior to'hitting any new ernployee after flit cat�hvie date of this Agteement.
(28) Prograrn'llicarne.
"I'lie SUbfCCIPiet3t shall rieport to; E101 all e (as defined Rt 24,, CRI1. s�ilol.50101(2
D" I Program 121COM I )
or in die Federal Register Gticdance goveming t1he C1111)13 G` DR ffinds) generated actiltri'des carticd out
widi CDB,G DR finxids xnade avtile under t1iis Agreement 'as part of die Subreciplient's Quartedy
Prcl Report. "I''be Subirecipient shaJI use pri iticcime in accordance with the applicabile
requirem en ts of 2 11 Ci,F It. Platt 2001, 24 c°1raseour
Rt 5705104md die tc=s of diis Agreement13) Plroi��mi-ni�ncoinegcnumted�iaftslia)lif�)erCtL�rnedtol)��EO�,, 11rogr
an', Ancorric gmierated
prior to closeout shall be rctx,=,ied to DE 01 unless the ptoecant incorne is used to furidadditional units of
C, ),BG D,R activities, specified in a modification to dais Agreement aild duly executed pdor to
adttdnistrat'�Vr CloScout,
(29), National Objectives
iUl �activ,ities funded widi C1, )B1G DR f 'Inds must meet the critcri2 f�x one of die C EG programs
D1 '
Ke'donal 011jectives. "Flic Sulfrecipient certifles 'that Eie activities carried out under dils Agreement shall,
mect d!ie followfi 19 national objectivesand satisfy, tbe fbllzmd!�ag critrr�n:
(R), Benefit tol lovir and moderate income persons;
n,�)) ,Aid in Prev en tion or Chmination of slunis ot bligirt; and
�) c rtfeiet a need having Particular urgency (rel''eicied In as 1"Argent inced)
(30) l,ndependent Contractor.,
q) In die Subrer! i1eirr's , erf6miance of its duties and tesporrsibilities undier this Agreement, it is P P
inutuaUy understood and agreed that tile Sulnecipient is at 0 tirces acting iand performing !as an
mdelrendent contractor. Noidiing iti di,i,s Agreement is intended tal or !sbaU be rivio constitute an
W1
I Packet Pg. 1198 1
C)00,0011Enve�011!1118 111ID!! AkC21,6,111'1mi rill N 1!!!,q
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO A—are.ement No.: m92
relationshil), paxtriership or oint ventaue tmtween, t' e Puil!�
J h Iea. 7"I'm Sulbref,,,ipicnt shall
lt all times rtimin Rm indejren�,eat uantractor with xesjm(:t to d3c services to I)e perfc=ed InIder plus
AVeement. Nodiing in dds Agreement shall Ile cornstrued to (ricare anji, agency or employryIent
relationshi, betwimer!I 1-)E0 and tl!ic, Subteci itta,,,its enap�oyees, udmovaractors or agents,, Neither FA
P P attv
Shall hwve any tight; pmkrer ormadiority, to
V "i"Munle, cte ate or 111cur—any e3l�pcnse, liability, or oE%bgadon,
express or implied, (,!)n lwh&lf of the other.
O!,h) "ll Stibre"add pient, ius officem:51 agents:, idmployV es, or Rlssigrwes:, iti performance of'
d!3is Agreeinent ishiall lact j13 tbe capamt3r of �an itide, endent (,zftrac itor �and as a not rI officer erl Ce,
agerit, joilat venbirer, or partner ofthe State of,Flotida.
(c), Subredpient dhal) hwve sole right to co�djtroj the manner, rniethcid andi-neArIs 1)y Whidl tl3e Re.,miceis
dilis �kgreer.1111!!Dt art", Perf"C'mmel:3, DEO shall not be ri,-�mponaible to hirep supervise or pay
Subrmn lienf's eznphr�j,�ree$,, Neitlitr d)e &,Ibrecipiw! it, i�ior its officm, qr ts:, efix cnItractors or
P P l ployees, l
assignees ate endded to State retirement or State leave hetiefits:, or tx) at:jy od1jejcoj!x-1per18R6orI of Stete
C11,1plopmetit as �a miullt of Perfilmt-'r1ing 61 e (3uties atid obligations Of thiSAgreemerIt.
dµl1111C sulmerip" cat agrees to take mich actio-as as may I)e necessary to emmuxm", thst 11-ax-1)
��De deemed to 1% 11 e an independen't couttlactcz zmdd ,%i, not bc e omidered or Permitted to
tm An Rgew4 enrployce�, silatvarit, Icaint'ventui, or petrtner of the E ) tate of Floti&
,,e) Unless justified by dic Sulxre6piient and q ecirl tif,,) iT D EO in the &zope of Wod,,,�:, DEO will not
fian,iish services of su;)PI),tt ((�,g, office spaco, office stipplies, telephone ser6ce, secretada] or clerir,gd,
g
support), to the Subrecipiera W its
(f) 1"`x���O shal,1,, not be responsible for vzddibolding taxes wifl," respect to t1he Subre4zipient's tuse of
futids Iuvier tL�is, "kgreement . ..... r1w Sularecrpient shall havie m) claim agaimst DED fbir N,matiorl JTay, sidt
2c,ave, redremetit lxnefin:, social, security, workers' ccmpensa6ir,,m:, healdi or disal!dty lwnefits:,
fx:mmployrnent assistance Irenefits cir employee Imnirefits of any kind, The Stibxecipient shall m mmjrc that its
(MlmdlddIployces, sts1motitrictors atur"'I oth(�'t s�(Urts, receive Ex-mefts and, niecessary inFULMICIN, klhedd'4 'W( rs:,
r"dd
mm„ma arumustarice lImefit,0 &OM REI emPlOyet' odlet, dlari t1m State of Florida.
11111- subrecipietit, at all tirnes during the Agixx,,mera; mu,sr com, ly with tim reporting axOi
,P
Reemployment Assistance conttrtmtloll, r)"lent fecp,orItments of Chapter,443:, IT'S.
P�ji D EEO shall not provide my trainingto Sulirt,�copient, its em, loyces, assips, af gent% represent ti es
01" SUIxontractiors in the rofiss"don"11 skills necessary to perfbitl - the woxk service; gequired 1,17 r[le
Agxmnemt,
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D- i A.2teement No.1'
State ofFlorida
Department of Economic Opportunity
1 r a! ! 1 ) r A 1
Signature
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments, and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
fic
MONROE C(),144 i'A" BOARD OF DEPARTMENT OF ECONOMIC
DocuSigned by:
By By
c R�
Arl 6341 _.
Roma
n Gastesi Ken Lawson
TitleCounty Administrator Title xec i c r
m... .... :..........
ate',,,",�SiE'Y r`Y Via;; s J,c;i, a 6/4/2020
Federal.., ����.
Tax ID # 59-60000749
DUNS # 767570000
A ANT
.
is aed le,
r " o fixi1i and proper execution'by IIil8 .
OFFICE OF GENERAI. COUNSEL
DEPAR�TMENT OF ECONOMIC OPPOB"I"UNrl'Y
DocuSigned by -
BY:
�ctu>1t,S ,�WJAan,
_......, �b n.S,917044C9.:.. ........ , , .... ......
IN
r t Date: ... 6/4/2020
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EW,EO Agreementw., IOW2
Attachment A — Scope of Work
1. Project Description
11c U & ':amam ma°manna aaW:mnaaa"the State of :o� ���
�� m,t
131ocL Grant Manmage t g� mi:7 iT�°"�µ�'lu'� A) dec mm aaa ticia amcte by �:: a caaa lm a r aua an l
aeni:Y
of the lmmummmmm mm DevelopmentZk o "7 2 ' United lea
aun��:nmmm�ia�a� ammmru�a�a .Il.m � � . '� anaa�.�ammm�nnam::n ��amp � � u �a�ma"
(U.S.C.) 530,, a a� ), and m �ascxfl,.ned i. moue State of lodda Action Plan forl,"Nsaister ec
"atom in dile Voluntary Bome
an��"'� ���t�`
Buyout
inconic
ons,un�a � m
& I�!are
in
Special Flood:Hazamm ra (SF k):an
in m risk - flood �am nmamaa��a a t � �na. amnn �aaanam Property
Emmeris aaama,ata^
outside the fl=cat of floodingwidi the Focuis on properties that do not ha%ne flood insurance,
Ma mma ate two o,
n°nam �a.a damn u.ma mama�m II qua:n.m°au. mm mmmna ma dam amdm "amm�g,mauamag
��°m Federal a mgovernment.t"" t are qs ligibile fox theHazard :��fitig ti Grant Programill' �':NIGP) m ou e d y
"II tuna second aptioan mµs rim a ak& directly, airb Dj�!�O to acquire o ntiguous Parcels O
pore tees of residential ntial ea m rhat naneet lour.and maaodetat income area regUir ments, and,/or iassist �amaar"""w
maaaa arate.i:mmm,aaaa:me buaaaaaahmmli a
2. ci ient Responsibilities
Mol"ICouny County
�oLIl coed thi. pro adesig and rnl tad0
a B oaaafn andlaunch
its, on fima���,mle mema nn mpa ems tosupport pport the
roper unma and co mmmnammmm des recover from stonn rtL ted damage ag due to Hurricane n niii iiaa fblioaara
I. Complete and submit to DEO,vidrin 45 1 of agre�ilnent exe ution,, m as il: � g pl= for the
Monroe County oar aad'' mnaaat~;'ir Commissioners CD13G [),11 "Togo ram that xtcl de
am Orgar=Rtilunal amp°ua:a ,u andl
13 Job descriptions fior Sna'piemafa employees, contracted f� vaauamrs„ and ammmi^acu.omaw
c. Scol)e of work and pm iment Plan for 0 contracted at� " etrda ms,ancontractors
. Develop and aaOr� ni:t� a copy of qua^ follo : ',Illm ll�m' es aud procedures to Lhe III mI D a .gpeentent
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
*E0 Agrement 146.: I1i92 .
1, Pi-ocumnent Policies and procedures diat incorporate 2 CFR, Part 200.31 7-326
Ix Administrative financial msnagement policies:, which must comply'vithau applical!Ac
HLTD CD,BG'D,R anid Stme of 11oruidq ruleq.
c. Quahli, Rss=ance and, quality control systein policies and Procedutes that comply with
aH applical!iile TIUI) CD,'BG DR, and I,)E01 Pohcies
& Po'li,cies and Procedures that at amiaitnuni:, inc ludir inforzii�istion almut dieVIM
application process,application requimnents, undetlMniting criteria, compliance
regiuremouts, and repordng med mdology
01
P" I'lolicies and procedurii,is to detect and Prevent fiw,Lwaste and Rlnise that desclilx how
ffile SUI),red, ient vil,l ireiif� d�ie accuracy, of applicant infbr�na�on, rnoni I toin I ng
P V Policy
indicating hmw iand why monitoring is conducted, the fiequeng of monitoting, and
whichitenis N;U b'e monitored:, and proceidure fix refeving instances of fiaud, waiste and
abuse to HI M 0 l G Fraud I Io d,i:ne ( ,pboneI . ...... 800L34 7 3 735 u�,Xr etnafl�
ijg'4411.
Pohcies and procedures ffir the reqwrementsunder 2 CFR 200 U!n!iiit!ii�!n,,,Admiriutmtive
R equirements, Cost Piindples:, atul A udit R.equiretnents for Federal Award,
F�ztal)lislii and aidnau!xister 2, sy'stan of'recoird, and Production and grantis management reporting
systems'widiin 45 tlay's ofagreeintnal execution,
than 60 days after die execudon of t1in subtecipient agecemen t.
Completeand sulmut 2n Acti,ity Work! Plan (Attachmient q fw �r,!a, Pproval by all " M����O DO ]RtCr d913 1,
,
30 da3m al`I�er d!ic exe�:udrin of dic stibrecippent ageement
6. Nfaintain, orgaini!2!�edsul)rf.,cipientagreeme�iii2,t files 'slid make die!m acceigsilAe to I )I1,10 011° its
rEpresentatives upicin request
17 Compbl, with afl terins:1121d coniditions of dw wilireciVitnt ftgrcement� Voluntaq flome Buyout
Propt"grn Guiticknes and'Dicsign, Acton Plati, Action Plai-i.Amendments, anid Fe&xal, StateMI'd
Local daws.
8. Attend finuld re6ted traming by ITUD OIG Vs assist in d'ue proper mairagement of CT)BG M
grant fiAnds m7ben availatille.
9. Update all applicable "V[ IB Policies and procedures as needed and upon DEO reqUest.
10. COM-3 lete P'Tocurenjent ofall vendors ibr ina1 gran,ts, ma
itagement!and compliance and di!g°ect
program and, roject produc:don, including:
aSdecdon of vemlots, sul3recipients, and/or staff duct willbe respotisflsle Frix mariaging
Ipplicant i,ntake and related operadons, comphuice, finance! and, administmtion;
b. Selectiou of wendors, suliriec:4mients:, and/or staff thatwW beres, onfl!�Ie fortnanagi,og
,P s
demolition atul/or C01131151MICtion:;
Suleclion, ofvendoris, subrecipients, and/or staff diatwiU, be responsible for, inanaging
I and and Stnxturc ��3'uyoutp' and%
ILI
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
01.
DRO Aamemmt N . IW92
d. Sclecdom, (xhrendors,, subeedppent s, and/or stafftliatwiII, Im responsible ffir Appraisal,
[
;I
Invironmental Re,6em° , He sierviccs:, and lqiral services
N
'I I Meet or exceed federal undemmiting struin ards. Subirecipients nrust estalulu sli under,%lm I tI I ng cm 11 trima
diat, at a minimum, comPlies mit'hi CDBG untlerwrittiag cri�cmafbundat 24 UR5 702019.
Project c:oistsmust be demoristmted to lets remonalale. All other sources cif financoag must I)e
Colnolitted or odierwise'unamloble to, d!ie applimat. lit` oject costs 21,just be ticed-based, and
documentatioru must Im sufficii.-cat to prcmis: fliat CD,BG 1"Unds mwill not supplant non federal
finand-,d i''unding or su,pport:,,
12 include t1he fbilowfi ig starement cin, &H prograrn niaterialsauld applications "Wiming A,ny person
whol knoming1v makes a folse cWm or staterniant to H UD may be subject,to dvfl or crummal
peng1ties under 18 U.S.C11 2871, 1001 and 31 U.S.C. 372W"
13. En,sure all �ro ectis seeking asisistance under the curmit C N G-"�'"X!
p � E B I)IR funds for 11=icane I Ima,
mid any fiawc finads a],locatedfour flurricane Inm,a, rmdeull iiy DEQ, receive d!ie required
Environmiental (",learance from I)'E01 prior to d!ie Sularecipient beirig �able to corrumt CDBG DR
out
14. Eimluate eadi grant applioant fbt d�ie Potential fbr duplication of Imnefit s and de(Iine any grant
arnount drat wo'Wd constitute wich a diTIrmtion.
I)evcIc1�!i and subrait a mondiiy rei�l�isled detailed Imidget tneasurtig thiie! actual cost irersus
Pro, ected cost [)y the 10111:h1 dal - of the Fokwing month.
16. II Tate llw lu and sul!i1mit a mondilytImised detailed timelke for i!mplennentafion consistent u,Vith ffie
milestones outlined in the V IIB pro&mm, pidelines and report actual progress aga!inst d�ie
pmjected progrms,
im,clop and submit b1ofl!ii a monflaly and qUartei!13, teport to INIO l iy ddie 1,0* day of tl!!ie
following mnnt'Ii or qUartiet, tll�at OtLdines the progtess madeto date, the projected activities to be
conipleted in d!ie upcomi 11 ng montli or quarter, stid any rish's or issues identil'ied for, die delivery
Of d3la Pf0J1VCt.TII3e repottS must incluide metrics that demonstrate the iI33P]CMeDtRti0D, Costs t,ID
da temath, Projected spenebtag, and any other infbtmation DEO detertimies is ninciesiSHIT,
1, R. obtain approval fimm "I )Xl1101 and lAA befi)11C collreying mArnership
11 II rovide scople of land use in acccrdance'ma flh IX'"l'O's direction, ptlior to, closing
20. Enforce the proper ],and we according to 83Fud Ig 59,53 in perpictuit,31, fbr!a use that is
compatible oith open space, recreational, or floodplaw, �anid wetlan,ds marragernent practi 11 ces,,
7,
2L, 1',In:fbrcc and momitox all decd resttictions.
22. Approve thip conveying oI! property a,nd thip ptopet use of land,
RI
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
rME0 Agmemept NO.; 10092
23. Udlive a ceriffied aP proiser e r fbach properry-tinat is e4lble to be acquired.
24.
were caused,1:')y Harricane hnia,
25. " I lie Sularecipient shall adhere to the folloming deadlines for the projeir.:t. If the Subrec4im"Clit 'is
tina'ble to meet a deadline:, die ;,Lfl!)re4ient sball requ,eist an extension of such deadline fimm
11"MO ita mrritim'gn,A) later ihm, dilirty, (,3!0) business days pdor to dae deaffline. 1111),eadlifies shafl not
be extanded (mtside of die 'Teri,13 Of I've agreement except 1)):, a, Fornsal amench-neat executcd in
22
accordance %6th section (4,) AModification of AWeement.
Proaaml,')esigm and Implementation, as outlined in,
Section 2., 13. 9/15/2020
Completion of I lotneowner bulrout ard Incend 11 ves,
as oudined in Sectian 2., C. 6/15:/2021
CotrTletion of],,)ernolition mid Closeout
as cmflitted in Sec6on 2,:,, 11)" 6/15/26122
k Perfbrtn Intake for V11B Rpplkaffls, WhiCh S11911 include the follomang conq)onents�nke lica, •
011,�
Phone rzalls and/orin-person mleetings with, applicants
• Assist apphcants with p:rop�er documentation
• Revimm and analYze m1"Effmitted dotminentation
• Analyne for'lnanxmity, if applicalile
Task ZPerfomi VF113 EligjI)ility, mialysis which shall include the Ulowing component&�
• I'lerform application autlmdzations
•Confirining mmership
• Confirming pritnary residence
• Idendly priority stattm
Perform dammge� assesimment
• ldendAy tielmck 'to clisaster
• Income Certifications
• National 01)jectivies, [)ete=ination
Task 3: Perfbrm II1i),upkation of Ret'nIefits 00]13) Rnglyiis:, W"l dclkslliall include the folloNving
compiollelit&:
• Perronn FIEN&A data analysis
• Perf6rm SBA data anallrais
• Pierffit�ln NFIP dat�a analysis
•Perfotm Ptivate I Inisurance data amelpis
• C1 0= INNOY1 Profits dats analysis
• Perfailim (�)t1her assist=ce analysis
• Analyme spent fimids
•
Verif� futilds Nvere �;Tenn �For dicir intended pum rls�e
•Coinpdete DOB review
• Colmplete DOB: finAlworkshiect
2 "1
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"I'ask 4� Perform flie,11cview, arid Approval of %," 11B applicants, wliiicli shall include die
fi')Ucvi� Ig COM (!jnet1r&!
P
Reirlill"W!aPplicant files fixt COM,
Plateness
•
)etienrti I ne pre, disaster fair marltet value
Determine finap, Hicant ebgil!mItun y/ awud ount
5 I award
snic 1� P
to eligl)] I applicant
• �Pplicant appeJ process
Task,5� Complete die lInvircitimiental Review, Record (ERR), wiiid!ii shall inc:lude the fbllo%ving
Components:
Analyze applicmat liouising to dete=ine proper E R, R,
•
lDspectton of,property
■ Complete deny I review
Cornplete 11er,2 review
Complete and analyze lea,d 1)ased paint testing
ComPlete and ana1yze asbestos testing
Fask 61. Perform Final Sicope and, Feasflbility assessments, wliicli, sliall include tkile f6flowing
CoMponenors
!�
•Redse sco e f`or State flikotic Preservadon OfEce GHPIO), requt I
Revise scopic Iffir �ead-lnsed paint inifigation,
•
R se scope forasbestos mitigation
evi
cast reasonal!)1enessand feasibili�y of die ptoject
•Conaplete and revin';r Final inspecli 11 on reports
['alsk! 7�� Comp'lete t1i,c nell,lizessaty Proicurement and Closing activides wbic'h sliaH incluide tbe
fbiloisling conlponinnm�
•
Prepare statement of'wozk for contnctor 1)id,
Plrepare and adder um procurrAnent docnrnents
nzvie%;, and respond to Procurement questions
R&vise1iid docurnents ifnecesisary
•Review submissions andselect conLracror
Conduct del)arment check and contractor licensing
�kw=d E)iid
ileview and tnodifr, agreement and awud aniciwts
Clciisiiag coirardinadon
Prepaze and receive eacrow
Exiecute agmetnent witla contractor
A I n on t 1=111
1'aisk: I Complete die I lomeowner Buyow and Incientive Prograrn activides w1aich abs,11 iniclude
die fbIlloming componenta�
I �r(xperty A,pipraisaLs
Legal Smnices
Conduct " "I' �11 We and lien searches
Unifi!=n RlIon Act (I ALA) compliance,'mrhcn appUcable
Recorlding feins
Perlorin homeoAmner'im-yout
•
Perform bon!iieowner incentivies, if ap iicall:nle
P!
FKxertite cloising docunnents,
N
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Azteemeo.: 10092
D. Deliverable III: Demolition and Closeout
��l lruk� 1 Complete D, emoh d on acti%,ideawhich shR11, in clude, the following cotx!ii Panents
Nodce to, Proceed (N"I'P)
Colrtmctor obi=s P.11 permits
Cotidmt inspections
Conduct 6na1',%ra1kdiro*
Task 2: Cornplete grwit iWeement Closeout Rackagcs %i�hich �!shafl, indude d!ie Fbfliovn't�g componenm�
COnIPICtC EMIR] ill!SpieCd011 r4q)ort
• Rinriew project files pz:loz to, fiwl closeout
Compi�e doseout docunientation
w
I Packet Pg. 1206 1
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4)EO Agreement No.: 10092
M-0) a A LW
Ille 'stud !Irccipient sgrees to provide the tbllom�ing servi I cesas tam ecifii.,d�
Project [)eIB*n, and
IIII, Jerlicnistion
,P
subrecipient 81111all comP
, ]etc an
,
e4lile deltverml!)Iis� task 'as detailed in,
Agram icl=311ent,k, Section 2, 113. Almve,
and
SW!xrecipicrit Shall Complete an
E14IAc delhierable taskas detu'led, in
Atticlianent A, Section 2., C
%Iiove
TnT-Wfl
Demolition and Closeout
SUI!)reC4)ient Shall, CQUIPI&C K13
EHOEdir deliveral!i1in task ias detailed in
Attachment A, Secii�iO!23 2., D.
allove
Minimum Level of Service
Iliubrecipient hAll Em relinburiseand coupon
completion ofs, minimurn of one g3diverable
task per housing runt as detailed in
Atinchiriiil!nt A,, Section 2,, B !,
evidenced by invoices noting consple ted
Laskswida supporii,ng docrariiii!ntation 11SUCIII as
payroU, itivoices from co!ri tractors, etc) ias
D EtI
Rppllcg:10;11,c uponthe apprOV91 from a' along
with d!iv sullxmissiot ofblod°!!ii 'a motitW)7 replort
�and a qwrted3iteport detaifitthe work
co!nlpdete(l in Deliverable :IIC: 'Me Completion
of dietnCIIIAlly and quartetly reports alone
does not meet the minitnum level of service
rnv&ed for m,,,inent.
MillitnumLevel of Service
(,to Bubmicroo request for Payment)
- . ...... .. . . ................. ................................ .
nie SuIxtedpient sh,all bin reimluutsed upon
Colmpletlor� ofa mininiarn of one project
d6vetalxle task �as detailed in, AttachmentA,
Sect''on-2. Q evridencedby invoices(s) noting
completed tasks with supportI1219
docianentation (such as payroll'itivoices irom
contnctors, etc,,,) a113 applicalile Lyon the
Opprovill From, DEO, atid along uid!!i dae
su E)rnission of lmtlii a nionthly and quarterly
report detaIng d!!�iie wotk completed in
DeliverulAin I I. Mir completon of die
MOIAN,y wd quarterly reports alone does not
meet d:ie mininnun level of setwice' required
For ra vrn,�.etit.
Minimum Level of Service
(to submit for request for payment)
I, be Subreci, P lient shadd Im reitninarsed'upon
,
Completion of a nurwzium of one Project
iliflirpralidc task as detailed, in Attachment A,
Section ' D; ewiiienced bji+iIIVO:Ices(s) noting
completed task�s %wilitki, support I wg
documentation �ummtdm as payroll:,invoicesfromcontracton, etc.as applicalAe upon tl!ic
appmvial tiorn 1)1'�O �iand qlungwith the
sulstriffs sion of I>offi atriontb1c Iandouaritrh,
M
1 0 W;k��
kurr tsar Perforna the
211illirel= le'vel of service 311al
!tesult i!n nonpRyinent for this
deliverable firr earh playrnent
reqtgiest.
I'linancial C01111getviences
Fai,Ilure to perfirtril d�i,e
minitnuin devcl of service shall
result ttm ncin, ant for this
,P yet
deliveralde for eacli payment
request.
Financial Consequences
Failtwe to Pedonn tElic
rninjirwtu level of service shall,
�riie!s ult in nonpaynii ern fbx this
dehvernlAc for eat:h payment
request
I Packet Pg. 1207 1
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Aveement No.: 10092
report detailing the work cotnpleted in
11")e1i'ver2ble 111L 'ne comVletion of die
monthly and yxi reports alone does not
tneii die rnitumwn level of semice required
rc nr PiRymetit.
The Stflxretepient 'L° ,dl !x reiraInwilwid upon
coinpletion cii:f a naininrt= of loo Percent of
the a3v=cfidon activides for each prri
evidenced, by, die finial �inisplection of the site
aftler the activities have been completed, signed
1)y die coratracl�er, certffled by the liotisitig,
Speciahist or ln,iilding iinspectorfor the prop� cii
M
I W(11111,11 :4 :4 11
I A'111�11�1110: �!shall and re6m, dieDeRverables and, upon DEO'ls accePtance of tile Dich"ralAell nad teceipt
of die Subred, : ent's pertinent in�mices in cornpliance with, dle
Pi 1111/01ce procedures of t1lis AgreI [')EO
sltd] Process, ayment to die Sulbreck ant in accordznce,�6th the tennis atuxl condidoni of tl,xIis i*eeinent
P P:i
DEO: nn p.11 dministem!id oversele tilep'llisdicuon in VVIrldi ffie prognm applies, DF�O: %AD be responsilale iffir
the
I'll Provide die Voluntary Hon ae,liuyiout Prograsn Guidelines and Desijpi, Actioti Ill an,and ALICti011, Plan
Arrle%!udrnents to the Subre4ient,
2, Provide updates ofpcilides d procedures t1D the Sulxec#nieflt.
I Approve flo ie utrea(:h campaign esta]:I
Dlislied by the Stibrecipient thatv'rill target liotnicowners
impacted by Hurricane, 'lITI'la"
4,, Appixwe d!!ic a plication, roeess:, applicatilon requirements:, oompliatu:e requirements, and repirarting
p P R
U.Mthodof ogy provided b)"the &fl�)tedpient.
I Reviiew die derailed, bt�dget and measure actud cost versuill projected (:ost on a rnciriffily balsis,
6. Review the progress made to date, the projected activities to I)e cornpJeted in the upcorning montli,
end any tisks or issues idel3fified f6r die: delivery of die prof ect as reporteid in tl!ic subrec#nients
rcqtAned mondily and quarterly report.
W
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CM 0 Ageemmi No.:1 4 +
Attachment D — Program and Special Conditions
,. _w ,-.�---------. , _. m��, ������������� „w. ____ - .......�
Program Conditions
grrru d'urr mrnot �rrurr � � aarr�r 'ar 4alr6r tly work pla r„
rrra rrr' Irrrrr rd
�. rra rrurr�r��r�rrdd,rrrr�pu�u� dw°dLu�1w" l�wiw m'ww��u�.w� ��w'��
�� d�rlr',�arr�rrrr . ".. ' �.
� r rrdur .
rra d r rlan Purr r
urw r jw:r'mwdrd:ruwnr.drrurr� rur r�..u�lw auulr�� � rr m� wmw�wn"��"w,"w���ww"uww�wt ww�.w'Iw�l.11l �,.wwM w�iw"w.�w.w.�.t� llrc�,
rsu
rrhr
dirr rrllhwrrru len �r�lrr '�wraur completed receiving
r�rr."ar � unrest for �justification ��' r ar e ay' �"�:ny tloject o whicliw.
rraruu ° II r
�Iwrrr rrm �� urn rrr�rru rrrrb err �� uara�r
tries 6t Work P rescinded ". Iur
ru I�rru
DIII.r0 'r.grlrrr rl..mrr die uul liter rrr';urd �:°urr provide' adequate �du�r~Arr rr rru for the delay.
2. records of expwiditure of firruu r &=, all sources thatwill ill allow accL=te
Ord r Budget comparison
iso dery Ila Plan.err 'irrrr°rr aria rlrr n':rrra ;' � r'rr
ready � � � ,rd,�"r��-dr�r�r �mrrr' items rr r�rrrru �:orl ��n��r .�w'rr�u�.
" Jrr Sdllr.rrrrp'irrrr shall requu'rrd l O"r approval fbr ill ^ururf lwrr r°urrwu.l rr':rvilrra r'rr'rrrrrrrr rrru rur r arrrrmrrur'r"arr
that vil de rei l �urseci rr'.th G D1 �
.„ �u:rurrm �r'r �wrr� r:�lr,r wru�.�r~I�rrw��°w� ruwrru rrrur'r''u'r r�ru��rr.rrrrrdr r°rrarrr �'rr
provided
r 1'1llarr purlrlurwrd ra°.0 of r Request rr Prr wnrwrl (�Fl� it used as a rr°urrrrs of wrwlrlr r°rrion,1l1 '11 CO, r� fur.
Advertisement, iur.u��uuu ing 4arr affidavit I'rf p ul)li :rdron; PF
r the procurement or rr dr fy the ' uu�'�irrr rtl: ie rr d!iat d��ur �rrr"�wrurrrrrrrut u�rnur'�m Ill�:rr'
rr ved, either ur riurr II snaresState, Federal or. loss
b. � �� " r.l. �a.rurrrurrrrrrurr guidelines. III err �wariurrwrrurrru'r rM"n�
�.:.d�uru�rrurr .
alit f ur r'rocia=g rru raa�rrrional Services mur u� w fur uarruuru:�dr �d CDBG D finds err inlay for
rrrudr � O err un aria � emu, r" d:�,urrr i u
P � � '� �� �r "rrl�rr r�'°°mu� r.�
perrwr'frrrrrrr'r.' rr'rvrra'.'r
4. , Rrr.rrrr to ri.rr rrl.rlrgru:rurr'u or disliursc=ent of Trulyfunds:, except Ebr°'r r err rrrative expefises and not to, excer:
01011 " the Subre(#ient shall tint 'p.rdr fl3i r frllurvvin r. Sul=it for II �:"O:'s approval the docu'uurrrr�rd°
" � � .' rrrrrr .rrrrrurr� �°ram r [rr�u�ul I 'mrluuu�vr a r�^
essional
rum: p ". make a ar lrrr d�uurwn r�ur' r edfi a rrrr�oo r is r
rrnr'rarrru 'err urrr � approves
4 r�rrr. ur uu rrrrr'
4�r.� the promiretnent. �IEDEO does not approve dIli" rIuf%prrAr1G'1r a"r'rr
pr'oerr rrr.al 'seen.rrr contract, the local govetranentmilill riot Ise rlulr: to use CDIII3G 11 1511 rr r for that
1) Crrr ply ruddilw 24 C FR. part518!uid tulle rr . � ups impl.r'men'ti t
wrrrr the ° uwuliu � completed die environmental rrr:u�r�r�roce
rr Policy
� rrr�ru�urd~ �w :n�ar�urrrr" � rr'��rrrr �r �^urrrr �u� d�rrdrrr�urrr If'���� rwr�w�:�:n sitter '�rrr �'urd�:°nrrurd�'r',rII� �'aur
Grant 'Farrr r ( err r �'1�.'�'�I °°�'�'�".'i'� "llll. �u when, this conditioln hias br:''Ien !fulfilled to the satis&cftia of
D Oi, If 1:YI has ilia isiliBlied an Authority t use Grant '° rr days of Subrrur'ia�'rrrar''r
r ndrr' rrrr''rd° Funds rrw�>�r�
submission of 'the requited docu rrin'rration'a :1YEO sha'a provide brit Sidiirecipient a wAtte:n
update regii1ording the status of girt Im'evr I'IIr:' rl lr IIISUMECIPIENT S .'I.1.mllll':. NOT BEGIN'
�I�m„n!A',��V�d��M.�m��IUL��4'n««�'4� �����''�gM��'�'���"����n�M��m ������pifl ���,�������n����w�w �N'w����, ����m����m4!� ",✓,",�������� �,�IVu4����M�'���i��4 m����� �rv������m�r G�M�'����
I°drr &,III°)!teclplenagrees our co,,, �rdlr'i the ��ur.. r� � elocrdruuru..w"'k";rrr.' r�r'rrur � rrl Pr(!aii rrrrr,�rwrw ur.rirrrr:u
' r � � 1]V�1-4655r;; �rrrr, 'ra w r .. .m �� r�:rrg
Policies r Ord r�L19 W a rear" urr �I��'�w rou urirrrrr
r'r r �urrns rr Cm I'
" I " I. �rr���w 4 111"�� ter: r.r�rr� �"' �. II' ^� L. (�
� � � Ir � I
rr . d�rr ':IIItrrrdr.mrd:drl u:rrd°r u�ar rlrrrlirruru.r dl a�'� "�u dlnurur'rruuwrrrrrru�rrru.r �r� "� �^ :u'
N Po "
t and, Relocation kilMistairce Plan under
29
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Aiilli� No.: IW
sectioti 1(,)4(&)1 of the 11otising and Community Development Act of 1974 (42 U S 1C § 5304(d)1:, and the
requirements in 214 C.Fl.1 5 tion,Rlreliocadon,�asi!si,i!st�!�!poli s ci
P a icea
S,W!ircd[ient undetilaltes any activity, sW!)ject to rbe I..'1IILX,, the SW�xreciplient shiall document completion
of thic acquisition 1)31l sul)mitting all documentation required f6t a I monitoring of rbe acquisitiim
including a notice to proplert), owners, ofilis or her 601itsunder tllw I )RA!, w-i invitation to accompany d!ie
appralser, all appraisals'll, offet to the ownier, Rcceptance, contract Ebt sale, statement of settlement costs,
coj?ly of deed, waiver ofrights (fiur &132ti0n,, W5 applicable. The 1u ocLunentation, shallbe submitted pir"Or
to completing the acquisition ( clasing' ) so ffiat D1,10 can determine wEiiether rierneldial actionmay be needed.
I"Ible Subrecipiemat shaU provide relocation, assistance to diTlaced Persons gs defill3ed by 214 C.F.R. §
5170.6061))(, d!iin't are dispilaced ias a direct result of acqEdsition, rehabiftation, detnolition or conversion
for a C:D` BIG as sistedprol ec L
7. CatJ:fication "lepriding Deba=cnt� Suspension, and Offier ReSP0133il�liilit)7 'NlEi IT'limary Covered
Transactions);
Section 3 Pari!:'id ation Rq)ort (Cionstniction Prime Conwictoe); �Ielgaii,dfinig �)ehiaii ni e iiii t,,
P Z - �
SuIII' eilisialli, aiiW V&Iiijii'°Iitaiir y Exdusioii°�ii ('Subcoiiii,tiii,,ac,toiii°°)i,, (f aiir°iild Sec loin 3
Itepoiii t Wbcontiractcur ,), (if aaII)III )flcaIfle)
8. In addition, each constructon contract or agreemmt for new ortle lacetneri t houshigtnus t con tain langulage
p
t1sat tcqW,resdie contactor tmeet the Geen 11,lui1cnndror Replacement and New
as ri41isnConstruction ofRc.3ential Housin Ace published in fl!ie Fedexa111, "Register
Voluilne 8 L, N urn1mr,224 on, Monday, Noveiaiber 2 1,11, '�20 16
9. For each, Rel flor Funds (Rfl�l that includes reiniblursement of C0126Lruction, coisfs:, the Sulnecipient
Sh011 p,ro,vide �ia copy of the American 1'ristitute of Arclutects (AIA) Forici G702, Application and
Ccrdsoadofi fttr Payment, I it coinparal)le force approired I)y I)EOI, signed I)y the coritmittoil, and
inspection engineer, �iand a colpy of fotl,ii�a Gi, 701 13's C ontinuadoin Sheetl 0211 a romplaralAle folr�m approved 1)y
E)BO. For each RFF,t)!wat includilis construction, costs, the &flxrecipieiat shall provide a copy olf AIA. foun
G 7012, or a coniparable foun IT rmred E)y DEOif a, lica'file, signed by the contractor and dle Jocal
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builiding inspector or housing splecialist iand a copy of frillom 7031W or a comparalAe foirn approved 1)y
DlEO,, if applical)1e,
10 For each projecwhen d!ie Subirecipient issues the INotice to Jxroceed to the contractor(4 ):, copies 10time'
follovririg docwnentsaate I)e sent to 111>11EG,
L, Notice VD Proceed;
1) Tlie contractor's ( 1001 percent of the cotittact pricil and
c,. 'nie contmictur's paynient blond (100, percent of die contract pricil
I I Hie Sulirecipient sh�,W utsdertalce an activiq eacb quarter to affirrnadvely fiarther Ei hii pasuant to,
24,, C. I It S 51 70 '18 70�))(4)� l - 11
12 'Ece CDBG DR l)ordon of flie colst of post closeout audits
13. The Subire4ilent shOl ensure that deed restricti"on i's recorded onany real prq),erty or facility, excluding
clasements, Mcqk,ilited %xith CDBG D11, funds 1'1m1i reSIZICU013, s'holl limit dae use of that reat property or
&cility to, the use stated, in the lmurdgrawiat iq)pfication ind doat dtle shiall zimnain in the nowe of t1se
Sulned i,ent. Such deed, restnicdcw shafl be made a, art of &ie ublic records in the Cli:A� of Court of the
P p
30
I Packet Pg. 1213 1
I )OCUNIgii 11 IIi "JiVelope C9C8211PI4O[X:
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
county iti w1ID" h flue Teel PTOPerty, is located,, Any ffiturie disposition of t1rat red. ropetty shoji 'be in
1C
accordance wtlu 24 CY.JK, § 5 70,505. Any future cli of uise of real property sh2,11, Ice in accordince
with,24 C.F.R. 57OA89(�)11
14. 11e Suinecipient shall cornply villa ffie bistoric preservati 11 on reqw I remcnts of the Natiotial Historic
p qttBO,f),,a!�!!Kdil7,eSecret�ot):,,of
flue Isiterio?s Stan&U-ds for 111chalWitation, codified st 36 CPR. 617:, and Gmildelines for RelisiEWitatinn
llist(!)ufc Buildings,:
15. Pumumt to section IMI�),Pubhc Law, 101-235:,42 U.&C. 5, 35145,� die Sulnecipient shall upt],qte and suInnit
ForrallUD2880 to U90 vddiin thirty (W) calendar days of,ftit StAlvecipient's kniowledge of changes in
situations wbich'would, require that xTdatesbe prepared. 11he Subrecipient inust disclose�
L. All developem, contractors, conindtits alld enyi!taireers involved in dic application of in the plattiIiin&
development or implementatilon of the project oi- CE)BG [)RJfindcd activity; and
bAnypergon or enti l, Vd!ist 1115 �a fisIsI1621 interest in r1le pr(!)Ject or activity dliat ez(!meds S50:,0010 or 10
percent of dw grant,wEdche"r is less.
16, I'l"reqtijxedd!°iieSul!!!!ii:recipients]ia1,1,subliriita final FormFIUD2880,,toDEO vitl�u the Subrectpicnt's request
for administratiNe cloiscout, aced, its alw,scnoe or incouipleteisesiB sliall be cause For rejectioti of the
administrative closeota,
1 7. Conflicts of interest relating to procurementshidl be addressed pursuant to 24, CF."11" t 6 11,11, 111 I
�3 1014891 , Title
2dI CF,,R,, 5`70,4890i) sh,oll sp l�y in &U (:otfflicts of interest not pwerned by 24 C.F.R.
,P � 5: 70.489w, sw�fi
�as tbosie reliatitg to thie acquisition or dispositiun of real Properqq CD:BG DR fisiand,,d assistance to
beneficiari::eis, Inisinesses or od!icr third p='ies; or any citlier finnuial itacrinst, whetber real coperceivea
Adchtionally, d!ie Sulmecipient q! ees to coinply vith, and tl�ds Agreement is subject to, Chaptet 1, 12 PS.
X,
I& Any payment Iq dae Sulirecipiwt using C111111)], 3G DR, ffindq f6r Rcquusiticin ofamy, ,P roperq,, righOf t 'WRTIR Or
easimaen't d!iat exceeds &ir miarket i:,altie as deterinined through the al)prajisal pr(!wesis estsl!Iished in HUD
Handbook 13 78 shall Ilhie approvedin wsidng 'by, U'!''!XD prior to dist6fnition of d�ie Ends. ShoiLW the
Rettpient �Fail to obtain 11 ) ��EO pre, -a, PrCIV4 any Pordoin of fbe cost of the acquisiticin exceeding Fair MaAr, et
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Value shall not be paid, or reimburged'svith CDB:G DR. futids.
19. '[Iue SWnecil3iient sliO, take photographs or video fall activity locabons rit I or to i I nit eting any, constructs on.
P
'AS the Construction progres%es:, additional �Aiotogilapliy or videography shall docLunient the ongaing
improvelnents. Upon completion of construirtiosr, final documentation of die activity Joications will In!
prosrided to DEO: witli the &dniissistmfive closeout packi for t1his Agreement.
20,, 'if anactiviq, is dmiped Il1117 212 eng , keer, arcliftect or otlier licensed professionial, it sliall be certifiedupon
COMPledon IYY a licensed professional as meeting the specificifions of ffie design, as may leave been
amended 11,,)y (Iiiwage ordem, The date of complindon (!)1" construction shall Ise noted as pert of the
certificadon, rhi,s certification shall Em accomP, ' ed prior to sW!�,rnmn o isofma administradve closcout
,11lis11,
pimiulge anda copy of the certificadon sliall i)e subtnitted with, the administrative closerjurpackage.
Attachment E — State and Federal Statutes, Regulations, and Policies
CDB:G I )R iffinds availialile to the SWIDrecipient d ttovi this o2lizee-iment consfitute 2, sul-mward of ftile "I,");"ECt 'is
Federal award un(lerdic Cost Principleswad �kudjt Rerltdrements for
Federal Awards, 2 CHR, loaxt 200V"pufa apptaanunauut includes terurs and conditions of die DEO's Federal wward
KE
I Packet Pg. 1214 1
Llow Big 111,11111;- �Tvellqlpe fll�):
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
"WOMO.M.- I V M41142 M
thatue im,poscd, on the Suliret:ipi en t and d�ie Sul)xecipierat agrees to carry cut its OlAigations fil complianice vVidi
all of the desc6bed in this agrecincnt.
H!11e Sul!�wrcdpiera agrees to:, !and:, bly isigr�ng this Agricernerit, certifies that, it will comply With all applicalr1le
pirovisic�,inis of d�ie Housing and Corrunwrity I )evelopinw! �u t A ct of 19 74, asarnended, id'die, regulations iat 24
CFR put 570:, as modified Ity the Feden] Registez notices diat poirern dicuse of CIMiG I'M Ifinds ai,ailable
under tfus qyee2nent. Iliese Federal 11egister notices include, InAt ,ue not Innited to, Federal Register Guidance
(82 F-11 559:1, & 82 FR 36812 and 81 ER, 83254). ffiregi)irig, (1) the Stfl!!=cipient does not
R'sStMle t1w, any, of DEG's respc:jusilrihties for enrdronmental review, decision making and action, described in
24 C1711, pen158 and, (2) the Subrecipient does not assurne any of the E)EO's res, onsibilities 1br initiating the
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!review ptocesis imdertlie pro'ni'3101115 Of24 (11YR, Put 5Z '"he Subre�ipient sha�l also comply with all odrier
applicatile Federal, state ant] loca,l4 laws:, regulations and policies that gcm= tl!ie use of d!ie O)BG11R. ffinds in
cornplying,qath its oldigations under thu", agreement, regardless of' -whether C1,)BG: DR. Ends are made xvaibWe
to: the Sul.,necipiegrt ori an advance or xchn1yursetrient
I ]1e Sulseecipient also ap grees to use funds a'vailable under this Agreement to si,Tplement WbUtIM1 SUPPLMt
fLuids offienvise airaflat!iilc. The Subrecipient Eurthiar!Wees to comply witla all otiter, applicable Fedml,, State
and local regilations znd,�!�)olider g1oN,'er1'iingtl!i1c ft unds provided under tlds Apstecriiezit, inchu'ling, 1rut
not litnited to die following:
L State ofl"11K
SMM g,f E)grida 1t&sjW=mtM Ma =Cd jkQ—U& MCME-- nkhmcall thmig'",
,A djjm,,Jga,
The Sulbreciplent traist Ise audited as reqtdmd 1ny 2 CFR part 200t adbipart F when !it is expected, that 'the
Sularecipieritls Federal awards experided thning diie respective fiscal, year eclualed or ameeded die direshold sin!t
fturtlh in §200. 501 Adit requirements.
2. ItaIRCCa'tit a'it ILIld DdgnIMIj� Ig
The Sulwecil)ient sliall pernift D;EO:: wid auditors to have access to the Subrecipient"o recotds 2trd firi=cial
1 11 2010.
statemen.s ,�as necessar 1, t, I for 11 ) 0: to meet d!ie requirements2 C of Fa part
71'he Sulirecipient must sulmiit to: rnore I ,tori I ng of its activities by 9.tX X iRs necesisaty to: enw,Lre dillat die,
sxJ,rawarid is used flea authorized purpioses, in comPliartceA,ida Feir I statutes,repladons, and tle terms and
conditions ofthis ,Agreeirlent,
I
Ibis review Must include1,) reviewing finmdsl and prr&rntanoe rep<jrts required lsy the 11)�I�E,10,; (2)
followur& up and ennuing diatthe SuIsrecipient takes titnely and a,
IYOX01
I!� Pinate actlon on all deficiencies
Perfaiinng to tlie Federal &%rud provided tio the SuIrreciplimit fio!m 11 )EO: detected through, aimlits,, on site
reviews, and odier rneami; and ( 3) issuing a management decision for audit Endings pertaitittig to diis Federal
RWRH provided to the Stibreeipient from DEO &IR reqn2ed IFy 2 CFR §2005,21
3
'n,ie Stfl!)reci,picrit shall he sul)ject to remews and iaudits by DEO::, including onsite revievvs of fl!ie Subret#ient
as may farm tiecessOry or ep,P ,mate mate to rneetthe fequirements of 42 U.S.C. 5304(c)(2). DEO inay isstle
managernent do-isioris and may consider taldfig enforccrnentactions if noru:ornpliance i�s detected during
111dits, D:EO: fnay requitile the Sifl"Irecipieut to ta,kie timely and appropriatic action on all de&iencies pee rt=lng
0
to the Fedso2l gimard ptovided to: the sul recipient ftoindic pass -through entity detected through, audits, on
site reviewsand Ocher means. In response to audit deffi!itmcies or other findirW ofnir.=:omplianDina with tbis
ageement, IYEO inay im4!msc additionial conditiotis on the use of the CD;BG DR fimids tc, ensure ftitute
compliancc or Provide tracning and ted'inic'al assistan(:e as ticedcoto unrect noncornpliance,
IN
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DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
M. 12"acc M�
Dmig free vilrot#11JAce Tor Sid!srecipictit must Comply' vndli drug ftlaplaire requirements in Subpart B of
plart 24,2911, wbich adalpts thie ji,r:clv1ernni=t vvide impletnientia don (2 CER patt 182D of sil 5 1, 52 5158 of t,hii-
701 Dlturee Workplace Act of '19188 (l fl)-, 1,. '100 690,11ide V:, Subitide Di; 41 LJ.&C. 71'
W. fl'r,curemi ilintand Contacor Ov,it
............. . . . . . . . . rtersU 4'
................ .. .. —,
nie Sut)red, rirtad shall contl 7 Nvi,di die, ctnnt standards in 2 CFR,, §2010318 §200,3261 whr en pocuring
I! :) Proeme
property and rear ikestwdcr this Agrecuient. 'IM!1e SW!)recipicnt shall impoisedie Subirecipient"is otuligatjons under
alis agreement on, its corltralictors, splectrically lot L)y refitence, so, d!iat stic[ii ol)ligadons %mfl E)le bitirktigupicin
e,ach cl contractors,
rr�SUEMOVent must comply vndii CDBG, regulations reprida-ig diel�rarred or suspended entifies at linseri24
X
CFR 51 701,6091 olr 24 CFR, 5 MA89aq) as 'Rpproprlat6j� cl )BG fund"51, may not be Provided to excitided or
disqualified persons.
1111le Sul0ecipictit sbaH naziumin oversight of" all activities twdrx i1xis agrecictent =,d shall enisute diat for atty
picictued tract oragreernent, its contnctors perform according to daeternis and, coniditions offfie
procured, contracts or agreements, and die terins and conditions of this Agmement.
Vill P
Real properiy, acqudtrd Iq die t1iis agreernent sbAU I)e subject to 24 CFR 5" . . . . . ..i'"01189 4ruu24
CII 5`70 2000) Ite Sui)redplient shall also (:ornplly mlrdi t1ic Propl"r Standardis at 2 Ozil 2001.31011, 2 CFR
200.312, 2 CER, 200l,,314l, througli 2 UR200,316. Tbe Subriecipient shall also complynvuh 2 CT-R2010.115111115
�hqzupllrncnt,, except'diat iviten the eclyuplinerit is solid:, the Procceds sbaU be program incolne and eqcur pinent not
" D nee(led by d!ie Sulne(Hpient for activides under this a8tement 9hiid] be ttansfintm,43 to, DEO firrits CDBG R
program, or sltaU 1),pret=ed Rfter Subrecipient a, , rop pp irately com, ensates DEO
,P
17he Sutrecipient sball A'kcii cornp1yvAd!!i the Prnpemr Standards in 2 CFR, 200.310 dirol 2 CFR 200.316,
excePt to flie extent they are itmonsistent widi, 24 CFR 570.200(j) and 24 CFR 570 4891), in 'which case
SubreciPient siiiaH coml3ly vida 2dl CIM 5 710.200lij) and 24 CFR 5 70 469@l, except to diie: extent that Proceedis
ftom the sale of ecl4ment are prcljmm ratan ocars and sut)*t to ate prcilVant, iticome tequiunctents tAnder dils,
agreement, Pursuant to 24 CFR,, 51,70 �14! 891 (� (1) p
V1.
The Suineciplent Shall con!kply with dXe requireinents of 2 CFR part 25 IUruwersal Identifier and System (bir
Award Management (SAK. '11e Subrecipieut musthavc an active registration in SAM in awcordance vidt �2
CFR Par 1 25:, applendix A,, iand must have a Data Universal Numl)ering System 'PUNS) nuallml. The
com�pil�y vl�ith, Wovisions of d!ie Federal Futuhng, Transparency Act,
i
'whicli indudes requiretnients olin executive tiol corn, enisa FR p ,p 2 C ,, att 1`70 Repoll Sulm,%,;rardand Executive
V� L
`e SuI)rectplivnt sbO comply vAth die Unil'brm Relocation l4issistance and Real Pn,!iperty Acqidsitkiin Pcificies
Act of 1, 970:, as amended A), 42USC4,6014655, 49 CFR part,24,24 CFR patt 42,a2d 24 URI, 1'1,7101116(),611
I
En addition, to other URA reqUirertrents,, d"iese, relas (49 CFE, § 24,403(�)), irn lement Seca tin 414 of die
2 P
Roll,icrt Staffbrd Disaster IIRebef and EmergencyAssisumce Acr,42 USC F5181, which prol thAt
"umennoffiervivise e15gRilebr &ny kind Of riThMlNotwidy
housing pipyment twder the UlUk, I be denied atich eligibility as a rel l 1),eing unalale, liecause o f a,
33
I Packet Pg. 1216 1
rlirr-4AI!rviH 111I,, Aif'"71,&! 11 A AAF;R—Ar,&Y ai31AAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DED Ali mi� No.- 10092
Major disasteras xletenninied by dieliresident, to meet d!ie octi,yancy requirements set by such Act""
VUL NIQUdjjj;dagQa�=
I . 21 CER:,U=&
I be, Subirecipien t vill earn,, y und!ii 24 Cla part 6, which im, PI ercenttithiprovision; of sect�oia 109 of dde I Of'
the Bousit2g and Community Development Act of 1, 974 i7ide I (42 I.T.S.C. 5309). Section 1019 prrArides dint
noP, ergoin in the United States sbAll, u on dle gronid of ratter" color,, ntio and origiri,rdWon or sex�, be excludied
,
from participatiO13 denied the bcnefib�, of or be sul)jected, to discriminAtion under imy ptogr= or actrivity
finidedin whole or in part, vindi Federal, finand asisistance. "Aie Sul)recipicnt vvifl, adbere to the prohibitJonis
against disicn=riation on die basis of age under the Age Uacidninadon Act of '19 75 (4 2 L J S,, C. 6 1, 01 1 61,0
(Age Discrimination Act) and thie probibitions against disc=iination on thelitsis of disability, under section
504 of the RehalAlitation Act of 1973' ('2191 U IS10"� 794,) (Section 504) Section 109 of die FICDA makes these
teq Arenients, applicalAe to Pitogtorns oractiiities funded iri,wholie or in partwith CD BG-DR futidil, dre
Subrecipient shafl comply iloth regulations of,24 CFR piart 8, which imilem,ent Section 50d for I IUI piroxgarxisp
,p
and die replations of 24 CFIRII paltti-1 461 chic h irnpilement ffieAge f)iscrirnination Act for HUT) programs
,2.
The SuIxredpient ,thou ensure diat its!acthrifies arein consistentwith req,u I Lrements ofArchitectural Iliatii!i ers ,Act
and the Americans vvidi 13taalififfics Act. ne Arclikiecturd, Butiers Act of 19658 (2 i.S-C. 4, 1, 5 1�4 15
requites certain Federal and Federally fini,ded buildings Rrid othii 11 idEties to ble designed, corn'tructed or
ahered in accordqnce, vnth standaMICIS d3l2t itIBUIC 2CCe&qflIItjI tD, A13d use by, phy.9k4y bandicapped people. A
building (;)r facility designed, constructed oroltered widi, fuli&i allocated or rea1located under diis Part after
Dieccrnlxx 1, 1,1995 and meets the definition of "'residen'tial stnictLuel"as lefinedin 24 CFR, 40.2 or the
definition of "buihg" as defined in, 41 CFR'1011 49 602(a) is subject to t1iiie reqUkentents of'' diie .Archie tux
Bamets Act of19168(42U,S,C 415141flu `7) and shall comply qtl!ii dic UniforM, FederalAcceSsibilitT
Sixidards (appendix,A t4,, CFR part,101 for residendal structures, andappendEx.A to 41 CFRI part, 1011 19,
sUbpart I Oil 19 61, for general type buddings)
11iie Americans di' I.Xis,Itt1iticu Act (142 U.S.C. I 21,31; 47 LT.S C 155, 201, 218 acd 2,25) (ADA) provides
compreliensive civil riglits to individuals wit'la disaifflitics iti die areas of employment, pulofic accorntruidations,i,
State and �ocall iprvernment services and telecommunications,, It further pitaivides that disrrwninadcii�ia inc[wles
a Faflure to design and cons'truct ficilifies for iirst occupancy rio later t1han,janusty 2161 daat nre readily
accessible to arxdtxaatde by imfividualswidnii disairilideis Fwthei� fl!ie �!U)A req,=es t1w reincival of
arcliftecninal bwiiers and conarnunication Imrriers diatate structi=1 intiatuce in existi fficilifies,i, where such
tems.wal isreadfly' achieval')IC—dint is, (Maily'accomp"11912able and al!Ac to bike camed outwithout. mtwI,!!ii
difflictilty or expcnsc.
ne Sularecipient must comply %wZrbe Florida Stilial], anISfim)rity Business Assistance Act (t§§ �288,,7013
1,
12,188,11 17106), 1 I`,IS—'
Title Vthe Civil Ill ights.Act of 19614 (24 CFR part 1)
W Gcnerg� Coinpliance;
1 �'Ie Subireciplen't SIAR colmply Vnd!!I die requiretnents of Title VT offl-ie Civil, RJ18,13ts Act o f 1964 0? 1.88 3 52),1
ais amended No Person to guar 'Unit ed States zhafl, on the growid of race, colicr or naticilical origin, Iuiie excluded
from participation denied die Isenefits of, or be cithemrsesubjected to cliscrinxination undex any, progrwm
Or activity fimided by, this agreement Mi.- isprifi,c!nc)!ndisc,,ruiiina6,oti provisions at 24FRIA apply to the use
of dierse fimds. I 'be Subredpient shal], �not intimidate, t1ireaten, coercir, or (fisaiminfitic: AgMnst any pergon for
die Putpose ofintetfedng widl, i rwit or ptivilege senued Iwy tide VI tub" tau CiviI Act cif'1964 or 24
CF,R paiq, 1, or because he liaill madir a cotlaint testified, sissisted or Partc , 1pated i113, an
5 y rnaniner in aru
investigation, proccinding or 1h1eamig, tinder 24 CIT, part I TEie identity of complainants shall bilic kupt
:x
go
I Packet Pg. 1217 1
rlririhfvlhi�" Fr�%,,Alniria 1111: Y' AnXIA111 11 &�AAAR-dgkl . . .... 11 1
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
confidential except to the extent necessary to carry out dle putposes o:f 2 CER, pax,,�! 1, including dl!iie conduct (cf
any, i I nvestig-gion, hearing or judicial proceeding arising tlierctrrlder.
Asisurgricies iand Real Property Citivezatits:
As a coruditiori to dce 'pnpwnwnvs] of this Agrement and die extension of any Federal finmrial assistance:, the
std,)recq'�nient assufes that d!ie progAzIn can actl v, I Id I es described in t]his Agreement vvil�: be cotiducted and the
housing, facilifiiesserviccsGrianciftl aid at other benefitsto be provided m1l in opiented and,
administnted,in compliance witli 0 requiretnents,iin, osed, 1�q or Pursuant to tids part 1.
If die Federal financial assistance under this Agreernuat is to p:rovide or is i�i the form of perannal Property or
reaJ property or 11itexest therein or structures flaerconthe Stibrecipient's asismance herein siiidl c0i!�)ligate the
SWsrecipient or, in, the case of 2, sulssequent trwtsfix� tile trans&rce, for die period dwing %whicli t1iie propelty
is used 1"6r a purpose forwhicli the Federal firiancial assistance is extended or ior anotlier purpose involving
die pro"Sloix Of similar services or lieninfits, or f6r �as long as tl�ie recipient retal I MIS Owriership cilqcosisesisfort of
are pnn.unpnnnnrp a my pniulunn nn is longer. In :,d] other caseq:, the assurance sball, obligate die Sulxrecipienun for the period
dwing which, Fedmd fitioncial asm"tance is extended uraturint to: the contract or application. lliis, assurance
p i
gives 11'10and the United, States, right to iseek judicial enibrcement of the a&surance and the req* ements oti
real pro, rty,
Pe
In die rose of reol property, stmaures or improvivinents thereon, or interests, dicrein, acquired vida Federal,
financial assistancie under flais Agoretnent or acquired widt CDBG DR ficeds wul provided to d!ie Su'breciplient
lUnder d1i,3 Agreement, thie inistrarnent eflicting any this re
losidon by the Subrecipient of such al prolpemT
P
stnictures ci:r itnptoveaients thiereon, or interests, tberein, shall containa covenant runningmith t�'!xeland asn,Lnrig
nondiscnitnization for dae period, dtLring which the real property is itsed for a puTose fbr whicil the Fedetal
fittandalassistance is extended or fbr!,anoflcer purposeinvolivLng, flie prol'ision of Similar Scrinces or lteliefits.
If ffic Wvincipient teceives teal property, interests or lands, Or for tile acclinsition of real property interests under
diis Agreement, to the extent thaghts to space on, ovier, or lulder any, such propetq ne included as Part of
gom uthis diatnreclmydhe pog ah rd
facility located wholly or in , P art inninnstich spare.
,
4lpnpnnru,uved'Plan
he Su )tent agivels t'llat it 51,1211 Cam Out Pursuant to t1ce DEG's spedlications an Affirmadve Actioti
Progmll,in Compliance vvitb d!ie President's Execa.xti�vie Order 11246 inf September 24, '19661, as wicendecl, and
implementing refit latiions, at,4,2 CFR 60USO inpunlll, Provide Affixtnative-Action gindieUnips to 6m Sulniecipient
to assist in the forinulation of such progi!latn. I'lie Sutwedpient shall submit a plan fbr an Affirinative Action
progratri for approval prior to the release cilf funds underthis agreement.
(iv) Women, and iMinna nity-Owned BuRdnessies klx/Nmq
The Subrecipilent 5hall take t1le affirtnative stepilc listed in 2 CFR, 200,321,1.,w)(I) through (5) to assize diet
n3inority businesses,wolmen's 1°;ushrem;8 ell teirinis es, and labor sutplus area fixiiis are ined when [)o&sdr:1eqvhen
d3e Sitlarecipient PrOcnilres pro, erty or serviceil� under dais Agreinnent.
,P
M: Notifications
111ce Str]l�we(#ietrt 'will send to each lalsor I'linon or represienti tive of %lvxAers with wbich it has a collective!
1wargairnng agreernent ox offier contract of undierstaruling,a Tiotice, to: I -se provided by die agenqColitiacting
officer, achnsing dle Labor union or worker's representative of die Sulwed,pien i's corntni tinents hereuti der, and
shall, post copies of tfi& notice in conspicuous places a%railat!ilc to ernployees and ap[4icants ffir employment.
non IN Equal Dnployrnent OpportututY aild Affinriati'veActicin ( EEO/AA) Stteirient
The Subtecipient shall, in all solicitations or advertisements for employers placed :�q or on behalf of the
StADrecipient, state that it is arl Equal Opportunity ortkf6tricative Action ernployet.
Ix.
M
I Packet Pg. 1218 1
rine,OATruml 111111'V^ Ainvkani A RAAA-M(WII,dnil jjjl��,j
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
'11ic, SeIsrecipien't sball comply dic in W!>or standards in Section I 10 of the Housing ond Community
Development Acil: of 191 T4, as atnended,and ensure thatall la'Ikmrers Rind mec'h=cs employed I)y contrwftiors or
sWsccinuactiors in d3,C, re erfbmimce raf constrim:tion work ffirianced in wbole or in partvrida asiststancii:, ceived
,P
tmticr tlmis Agreement iliall be paid vmges at ratestiot less dign unease ptlevailing or) simfliar Cclinstructron in ffic
Jocality, as determined 1iy the Slecristary of I,abicir in accordance mitli tbe 1`)avis Bac,,on Act, as amended (40
U.S.C. 31,41, evreq) and 29 CFR p�,,Lrt '1, 3, 5:, 6 and 7, provided, that this requiriernent shall i to d]c
rehat)ilitation of residential propcM only il" wc!h prf!iperty coritains not IvW tli= 8 tjnits
to comply %,kndr, the CopelandAnt i
regWationis of time LI.S. Department of Lafmr at 29 CFR part 3 and part 5111e Subrec�ip�ient sloiafl 2naintain
docurnentatioti ffilpt demotistrates (:ornpfiance Nvidi applical)k hour and wage requkernents, Stiell
dintation shall, Prom , dybile rnadea-vndkisle to: 1. 0 For review up orequest.
,P
X.
1, m A low-income p„uerson, :as flais tetin is defined in Section 3 (b) (2) of the I 93li 7 Act (4,21 U.&C,
143 Se(:tion 3�,17)(?) of the 1957 Act definai d�iis terni to mean fimnilies (inctuf3ung sin& persions)
whose incomes dol not excecd SO per centum of then ec aa, iticotne for d!ie i as dictemined 1)y the Secrietuy,
wid!i aidjustinents for atnaller and larger fimilies, except d�iat the fecretsov, may establish in(:ome ceflings l4rlier
and or IDNvet d7an 80 per centtma of the median for the area (m die1:1),sais el` the Secretary's findhgs 'diat i
Vadad" ons :ue necessary because of prevailing lev16is of cornqu!uction ameliata Of unusuall:51, high Of kAW ................. iticolne
families; or (ii A very low Irma ome P ern so, as this term is defined in Secdon3nc' )(2) of flie 1937 ekt:t 02 USE,
1437' a(f))(2)). Section 3(b)(2) of the 193: 7 Act (42 U.S.C. 1437wj ))(2)) defuies flais tc=n to mean families
(picluding sin Persons) %&,hose inc()rnes do: not exceed 50 per cmtum o:f the niecEan fianifly i�oIicome for Am
area, as determined I)y the Sect-etaq %xitit adjustments for sncillier and Larger fimiliei!5, except'ffie diat Secretary
n iay estaI3,lish income ciedisigs Milneror lower dian,50 per (:entum of t1se me&n for,tbie area on, the baiiiis of'
d!ie Sectetary"s findingsthat stuclvvariadons are;; neccissacy because ofurwsuollti 160 or lov, farnily incornes.
2. Cgtnpj;PMO
I he Sul)recipient shad, comply vith die,prrwevisicunma of Sec:tion 3 of the Holasing Urt!iarl IDevelopment Act of
1968,as airiended, 1,2 'U'SC I 701u, and impleisnen'ting its unplementing replations at 2,11 C[IR P%ut 135. The
Stibrecipient shiall, irLchide t1le following "Sccrlion 3 dausel" at 24 CFR, 135.38 in every "Secti()n 3 covered
con'trace' lava Ckfined in 24 CIM
A. 71''he work to: be peribimied wider this Agreement is suliject to time recluirements of Sectremr 3 of time
11710usitig� and Urban II'levdoprraent Act of 1968, as arnendedl, 12 1 J.S.C. I 701u (Siection p), The puqxrse of
u1sure diatempki)rment and otbereco aa` 11 � "s generatecl'by 111) D assistance or Section 3 is to ir. nr nj,c O'�:::) p0l�t L1111 W.
HUD assisted, projects covered 1u: Sectici
n %slcall, to the greatest extent feasible, be directed, 'to: low and very
Y
low income persons:, pai=Azdy, ersons who: are recipients of HUT) assistancc for housl'11&
R, The wotk to leer Performed uw3er flais contract is inrll!)Jectto flue requirctnctits of Seetionm 3 of the Flousing.,
and 'Urban Devellopment Act of'1968aswiciindind, 122 1 701u (Section 3),, 'I'lic purpose tif Section 3: is
U 1 111) ILI assis tio ensure that enTloymen't and Od3er ecolloMIC opportunitlel; generated 1331� 11 1 assistance or F aed
projeizts covered by Secdot 3, shall, to tbe greatest extent frasil)le, Ise cliected to: Imir and very low in(:orne
persons, patticulatly personswho: are riP iients oD f Ill assistance foh r'ok taing,,
,
C. The SU'Xecipient will require its contractors to: send to each labor organization or representative of
workers Mth whicli die contractor has a (:c)1]ecdNr I)argaining agreement or offiertmiderstandin& ifassy, a
oC)ti(:e advising die labor organiza'doti or worken:` representath,"i.- of the contractor's cornraitments unider this
Section ccllauwuse, and, N611 post copies of the nodoe irr conspiouous Places at time Nvork gife where bodi
ernployces and applicants for training and ernpiJoyment positii, (!= see r1w ricitice. The notioe w113911 descrikwe
the Secdon3 reference, shaU iset foril]itnittilnum roitnl�,er andl o� titles sliif3ject to hire:1 �W !,
p %1121)11ity of
Appretaticeshil): and training positiotvii, time quilifications for eacb,; �uid dienarne and location rf dae person(s)
taling applications for eacli, of the pointrons;wild the Antitipiated datae die workshall Ilmc&.
M.
I Packet Pg. 1219 1
Firindwflim%n 11111 ):, Ar.,7:'%illIA,,,,,,AI� w w.AAA,I.. .0 III ^ MIN IC I
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
E E�A
PM Aj6�mn• 0092 t No..- 1
r).&tlrmcipient will requim, its contractors to include a materially similax Slectioti 3 clausir, in every
SUbcontract sub ect to: com liance -vvidh, regulations in 24 CM�, pzrt 1,31% and, itgreeisto t2ke appropriate , acdon
J p :3
AS provided in an applicable provision of ffi,e sWicoritract or in thb� Secd(!)3 clatme, upon �R finding that the
suEmontractor is in, vioLaticin of the: mplations in 24 CFR, ah, 135. I'lie Scbireci ient will require its
,P P
contrqctors to not mabcontramtwith any subcontractor Nwlicrethe contractcT has notice or knci%%,Icdp,,,e that the
subcontmacir leas 'been fbtuad in, viola don of d!ie rePiladons in 24 CF part 135.
IE, , 1 11 Ire Stflbre(ipient m�ifl require its contractiorsto ccrt4 any vacant emPloytriient pceittionsincluisling
tmliring Positions, tbat iate �Elled �1) after the contnctor is selected Init I)efore die ccmttlact is executed, and
m�idi pergons odjer dian tbose to: wbIDDO daie reguladons of,24 CER, part 135 reqtdre ern, loymerit
,P
oppommities to: Etc directed, were, not Efled to =,cuinvent,the contractor's otuliptioms under 24 CFR, patt
135F: NotIcomp'lioncewitli FIUI Ys regulations in,24 CER part 115 trutyrestilt in mcdoris, tennination of
dris contract For defikult, and debatment or simpension &otn FLIture-IR 7 1 assisted contra, cts.
F" ''Noncompliancewith FIUD's regulatims in, 24 CFR,P:art 13:5 may result in sianctiotm:, timnination offfiis,
conti-act fbr defstult:, and debarrnient or suspension fiom Ifituxe HUD: assisted, contr2cts,,
G. With respect to work pedormied, in 4:ormiecticaimndh Section-3 coveted, Indian, using ass3stance, Section
M,)) oftlie Indian Self �al!ld Educafion.Assistamm Act (25 U&C. 450,e) also applies to, die work
to be peonned undej: this contract, Section 70�n) req%nzes that to die greatest extent f" iasibic @ Prtierence
and opportunities for bmining and ernplovment aliall'Ibdvrn to Indianis" guld (ii) re6nenceinflaeawardof
contracts and std3contncts shall be given to Indiatl orgaIII22tiotis and Indiari owned Economic Entetprises.
ParilicilB to this contract fl�iat �ne sul�ject to: ti!ie provisions of'Secfion 3 mad, Section 7(L';) Vee to complymith
Section 3 to the maxim= extent f�asible, b:ut not in derogation of cornpliance widi Section 7(1j).
I Recipients of HU D: fed=Rl finamial assistance ;Eall "neat the following hirJang waid contra(:t
�cickl
oalsthinvelancleidl Section 3 as found at 24 UR.135,30 (Nurnericialgoals Fortnecting
flae st extent fiasilde requitemenL).
(3) Recipients of Section 3 covered comnamity developrocat Rissistance,, and d�i,& contractorRti,d
subconbmctots (unlesis dle con'b"Ict or subcontract amnLrds do not meet the thresirmlil spiecifiedin Section
1353(a)(3)) rmy, dcrnonstmte cninplianifze Nxith the recmureonenU of tl�iis ttart 1!�,V cornmittinp, to emolov Section l
3 residents a&
() 10 percen't of die aggregate munber of new, hires fo± the one- year period beouling
in FY 1995;
(11) 20: percent of d!!!iie aMepte numlmr of new Mies for the one year pen I od lieginning
in 1996; mol
(M) 30 percent of the aregate number of tiew l7ires for the oine year petiod Inginning
in M' '19 9 7and continVitIg thereafter,
( c) Contnacts. Numerical goaI:,N; siet fiorth in JMI-IaXappl (r) Of 4d'3,i,S BeCtIOn' apply tO
Contracts wwarded in ccmecdon wiffiall Section 3 ccmere d proiects and Section
,3 co's''Cred activides. Eacti, recipient and, a!!°ijntmctor �and suliconti-actor (tiulleas d!ie
contract or subcotittact ammzds do rancid meet t[iil,"! thresliold specified in Section,
135,3(s)1(3)) imay dr-monsumte cos plfimce witlthe requirements of diis part by
c0!TnnftW!ig to awarld to Section-3 business ccimicerns!;
(J) At least 10 Percent of die total doRar miount end add Section `3 covered contracts
fbr building mades work for maintemunce:, repair, modernization or develcipment of
public or Indian Imusing, rant' for IAuilding trades work W'sing I'll connectoin 'with,
housing rehabilitation, hotising construction omd other public cons uriction; and
() At least drree
(3) percent of tlie total doflar arn(�junt of aU od!iier Section 3: covered contmcts.
37
I Packet Pg. 1220 1
6Ini"IWC%Ilffiq III "wM 2,1AII1,44A ARMA-ARAII: MAM rQrAl`)19!!9AllM 1 1
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
1REOAq&MffitN6..-
X, C-11gaidua
I . kia=haa
Mir Sultrecilsien't alicall comply,with the fliatchkct 5 USC 1501 ............ 1, 508,and shall e!nsure din't no Ruids prmrided,
I
!nor personnel emploveld tinder tl�ijs agreernient, igh0be in any viray or to, Rny tlXtietlt engaged in tbe condiact of
politic;d acthides in vidlation ofChVter 15 of'llide V of tlie 111's''C",
In 'die procurement of Sup, li Lu P
p �es, eq pment, constmcdon and, sennices ursuant to this agreement, the:
Sulxrecipient shafl cotnply,%xiifli die conflict of interest Prox-lisorns in die Procurement policies and
Procedures in all, cases nset, govemed I)y d!ie conflict otintietest pmv I j 11 si, I ons i I nthDEO's procurement policies
and procedures, the Sulitucipient shall comply %i� c tlie conflict of intetest provisions in 214, Cj�
�11, 5 70A,89(h).
Ile certifies fliat.
0) N (!!j, Federal appzop�datird fimcls hinie I)ern paid m will be PIud, by, or on behalf of 1`45
to Rny person firr influeackig or �attmpting to irdIiaetce an offi,cer cir ern, loyee of
,P
ally R,@Iency, a Memtjer of Congress,, an officer air employee of'Con�zrcss or an
$ C5
employee ofa Membler of Congress in connectionvvidi dic avrarding of iany Federal
contract, d!ie making of any Federel grant, diie making ofany Fiedexad lomi, t1ce
cntc=,g i I into ol!' any cot,�)pera,6i:%,li-.,Rgrf,,ctn,cnt and d!�iie exteml I on, cond 11 nuati I on, renevn
amendment oir modification I Federal contract, grant, loRn, or cooplexatigie
agreement;
If any fimids cidAer dran FedexRl, appropitiated binds have 1!i1cen paid or AA11 be paid to
any perhoin for influenchig or atrempling to influence R13 UEECer or employlice of any
agam cj,', a Nfeml!)er of Congress:, IM officet or cm,, loycle of C1ox)pTcs1S, Or an CIMP101rec
of a Nfmnlulex ofCon gtogs in connection, wid!i d!iiis Fii contract, grant, loin, or
coo, onative aweemen't, it P vdll, com lete tnd subitnit Standard Fciriinl=, P
"Di&doisurc Fonn to Reportuuu accordance vAth its instmictici
P
The, lannag e of puagriaph (a) duough (d) of ffio; certificiatici bile included in the
avvard documents forall subiamirats' gutall 611STS (il3cluding gubcontimicts:, subiprits and
contmicts under I:Y:xants, luirns Rnd cooPerat�ii,�ve agreemicIM) and diat &R subiredpient�-,
shiall cerdfy and, disclose accordiney'; �iand,
OV) 1!1111; cert6catiOn Jig R Mitellal representation of �fact upon whicli reliance ix-aills placed
when this tral3saction wamade or entered into, Sul!iiinissilon ofdris cetlificadon, is
requited by ' section 1352, title 31, U S C,, Any pe,rson who, fiih to, fik the reqUi
red
certificadon I bile subject to a civilpennl�y oEnot less dian $101,000 and not more
d!1an $100,0100 for each such fafl�,Lre.
X1 111� ECEPQ��
]TIC sui)recipient agrelois tha,t fiinds prcwided under d1l's agreement shall not bile utilized for ird!ietetrdy teliv'otls
acti It es , roh l) ibitedby,24 CFR,, 5701.2001(p), such, asworshipli, ie4i)uis instruction or proilidyLizadon.
X111.
1 .......................................
he Sul�)redplient mtist comply vitb tbe limitations in 24. CFR 58.22 evw diclugla the SullOrCcipielit is not
dclepted the requirement tuidiellix sec6on 104 ((k" Of, the ,I 1C]", Act for enviriontnentalrimim.vi, decision- making
a!nd action (See 24, CFRl paril��� 58),uid is not delegated, dre DEG's riespomil)ih d CIS f6f i13JdAdDg dlerEviewl process
tinder the provisions of 24 CFR Part,52-24 ("pIt 158.22 impoises fimitittkxns on a6Nriticispeialding Clearance and
Tedfically hire , its corrunitnients of HUD, funds or noin 111 ID funds bq any Plartl(riliftat in ftiie development
process Ixfore completion of d!ie envitontniental review. A, violl of fl!ifil requirement MRY MR11t it a
proMbition on the use of Feldera,l funds iffir dre activity,,, If DEO, lagi not issued an Autboil to Usie Grant
38
I Packet Pg. 1221 1
DocuSain 11�!!IIIT+wMODB HI I A C2341 NA-ARRO; wul I
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEP Aweemmt No.: I1 N2
�'! 7 Funds vddiill 15 days of Subrecipient's suixtnission of d�ie req=ed documentatoill, IIIIYI!:! 10 shaH, provide die
Sul�ittedpicnt awritten update regarding ffie status of die rM.", MI, Proccis&
II le Sul)recipietit sbaU compl, %intIt die iflsofi!is dicy a Ply 'to die erformancof e flais
'Y kt
apreemeat:
• "Alt . qualiq. (1) ]"be Clum Air Act (142 U&C 7401 et. seq) as amended, Vardeularly
sectim I ('C) and (d) (42 U.S.C,� 7506(1) and (,d))i:; and (2) Determining, Confortnity ol'
Fedisral Acdons to State or Federal mpletnent2doti Plans (Environmental Protection
,,Agency 40 Oparts 6,51, and 93);!Pnd,
• Federal Water Pollution ControI Act , as ameaded, 33U S C,,, '125 1, ef iirq, as amendxx�
indPxiding flaiereq=' emients specified in Section 114 and Section 301,81 ai'dix Federal Water
Polhation ControlAct, asamen duldhand, all regulations and guidehues issued diereundper
l"he Subrecipient shidll comply vndi d!le MROdatiory flIncid insurance pu!rdiase t,eq ='vments of sectol] 102 of
the Mood, Ill X&as ter Pratection Act of 1, 9 73,:as amended bly d:ie National Flood 'I'hsurance lkefortti,ikct of 19119�15
42 USC,4012a,, AddifionaUyl the Stibrecipi,111111itsball cornt)ly'wadi Section 582 of d!Ie Nitional Flood, Trisurance
�tefbrtn Act of 1994:, as amended, ( 42 U,,,S,,C,, 5J5eIV+,iCh h3cludes a, prohibition on dx prol"sion ciilf flood,
disaster �iassistonce, including loan assistance:, to �'a person lbr rel3air:, replacement or restoration �fbir damage to
ally personat residiendqJ, or COMMercul Property,ifffiat penoill at aq drue liums rec&ed FiederO flood di&aister
assistance flutwais condidoned on, the pencin first ba,%�ing ol�'wtained lloold insurance under applicnI)Ie Federal
l,aw and, drill: person has quInequently fix2edto obtain and maintain flood innirance as requirol wider applicaWe
Flederal law on such prop�erty, Secdon 5182 idso includes a, resporwil�iliq to notifir property ovners of fl3le2ir
respousi'111)ih�q, to notify Lrmu&rces about mandatory flood purchase MqUIMITIC13M, more informadon about
d,i,ese mquirementz nil
�in dw Federal Register twfices, goveming the C'I�'1111)BG ��l , )R awkrd and listedat die
lx&ning of diis Attachment.
Lmd-l�� , Ilre Sulbre(�pient shaU follow DEO q�provcd Procedixes 'wid�i respect to C11)[IG �assistance tliat ffilffll the
objectives !and, requirements offfie Lead l!Iaiseid Paint Poisoning Pteventicin Act (�42 U&C. �4821 4846):, fir
e
Re;,6dendal Lead Based Flaint I lazard,Reunnnnn Act of 1992 02 U.S.C. 4851 4856)�and implemendng
regWations �at part 35sul)ps ABj,and R of this dtle
111awric R=A=dM
The Sul)reciplient skial], comply vith d�ie [Estoric Prcsm,adon requirements set Fordi in die National flist(xic
Preservation Act ol ' " 19661 als artleaded, codified in 6de 54 oftbic United States Code, arid tlie poocedtuvs set
forth in 36, CFR,, part 800 inso&x as flacy apply, t!o die perfonn2nce of dils Agreement
fn geneal, this requires conoarrence fimm die State Flistozic Ptesen, ation Officer for all relialniliwitjon and
deinoliti,o%�,ioli2l'stoll�d"',Cpt,opertiesd!!!iiat�ateBfty, Tarold or older or du t aie inicluded, on a Fedetal, slat e or loul
e s
119toric property lis,t
RE
I Packet Pg. 1222 1
DocuSkxin EnveWiDe fllDC' 234DIA-WSM WI
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Asin t No.: im
Attachment F — Civil Rights Compliance
. . ................. . . .... . ..... . .......... . .................................... . . . .
FrOUSIlig
Asa clondidon, for t1he zieceipt of C1.)BG Dill ftinds, the Subrecipient must cei drat it voli "affirin3atively
fuither fair howing" in its community, 11iie Subrecipient shall dernionstrate ts cornmi I traent to, affinnadvely
fiat dier fkir h ou,sing Ity innerncn Ling d!ie actions listed below.
12e SublifeCipient sh&M�
I) I!IHve in place ii Ekiti hfAllsing resolution ot ordinance that covers all Fcdieralp�, protected classicis (raice
t;olcir, fiunflial status:, liandicap, national orioi, religion and i!se�x); 5
2) Designate an employer aadie Fairl ��lousing Coordinator who is available d=ngr1TuLar business hours
to receive fair hotising Calls;
3) ['xiblish the: Fau 11ousing Coordinatior"s contact infionnation gimterly in �a newspaper of general
circulation in the Sd!)!rCci'pient`a prdschdirn iso t'�!mt people luiow virbo to, call to ask fur bousing
questions or raoster a complaint Alteri!iativei thin : Sulneciplien't can post the roordinator's contact
infortnation dIrciughout die quarter on d!ie hcnne page of itsviebsite;
4,) Establish a systern to record d!ie following" for e�a,ch fixir bousing call:
a) Thic nature of dre call,
1)) Ili e actions talcen in response to flie call,
11""he reistnits of dicactions taken and
d) I E Ite caffeti'mas referred to another agency, dw xvntlts o')tained Iry die refirml agency;
5) Conduct at least o�i!w fair hocsing activity, i gusaler, ldcntical acdvides (see asnsnple'; bei sli�ifll
not be conducted in consecutive quarters; and
6) 1. Nsplay a fair housing poster in t1iie Cl ")BG .. ...... ... 1�)R Officei, Miis does not cii as a fkk hou"r activity)
"I Ile Sulzedpient shiiffl ensure that the Fait housing contnict person hais received trainiiig scii that he/she ca,n
handle fair hiot�sing pb=e i I nipul 11 ea or refer die inquiries to die yin tiate people/agendes, ,�Iecords
Maintained 1!�y dre contact %ii'1111 hirlp die contratinity doi tiiie fbllovvfirkg�
• Definevirliere discritninat(ny Practices are occurri
• Help the community measure die effiDictrvvneas of its ou,treRda effhalt ft,s, m A
• Plrovide the cornmuraty'vidr �a meatis to gain information that
cm iiie used, tin. desig!n and implement
strategies that vill eliminare fi& housing impeditnents.
Examples of fitir li ish ig, airtivities include d�ie follovang:
• MrIsing &ir boming presentations at schools, civic clid�>ssnd neiglibiorhood association mwings;
• Conducting a faih: housing poster contest or an essay contest;
• Nfinninga bootl!ii iand disteibuting tit bousing insi at hbtrati,es, healdi fvair% community evei
yard �sal,es and churri f n n and
• Conducting fiair hiousmigworkshopis 1"Or city/cocinty employees, realtors, bankand mortgage cam, any
enrPl0YeCS,, inSLUNAXIM agents iand apartment coniplex owners,
Piinting a II ai housing notice on �a utility I�iU is noi longer accepted as �a fitir bousing semn
Whing �a DEO a ved fair housngl3rochtweas !an insertvoth i�ltjhty bilsmnllbe accepteds an aiirty,
Placin@, posters in tiblic InOdutigs does not meet die requirement fbr �a fkir houil D P nng actnit�y.
The Sulrccipient sl!i�ikfl doculnent its fair housing acthrnies 1,iy keirpling pliotogra, hs, ion�mpia, er aiddes,
P P
sign iii stwets �and copies ofhandouts in d'!icir CDBG DIR project Bld include infbmtadon zI)out the
activities in t13C cointnent usection of each ifioarterl,'Y report
EO
I Packet Pg. 1223 1
Doo sio„ii 111I�Wwimllieoa IIIIII1! Ar.734,11 11, 110,11111 A, 11,�!%A M, 11,111% C11
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
M Aire:�� o..-10092
Al', nploymcn t Opportuni ty
As a conchdon for the recei t of CDBG DR fandisi, tbe Subreci i
p Pleat Must cezt'f� dis t it and dre contractors,
vd)cantractors, su'1�zecc ients and consultants flailt it ' i,111!es N;�ijdj CD G funLIS Np1j,
P h i B 1' 1 a1l"Ade by tbe Equal
Opplartincity (EEO) Lwm of the United States,, `
�11C &dttecipient shall dem, onstrate its
commitinent to alkide iry the lamrs dirou�pu fbe �actions listed 1xilow.
Each Sulniccipioat shaU�
1) Have in place an equal enaployment ripportuni 11 ty resolution cir ardittance diat , totects its ap, hicants,
and em, loyees and d!ie appilicaras and emplayees of its contrairto P P
P rs, stibcontnctors:, 111511bre(�:ipicnts and
CXVIRAtants �&om disci:[tninatioti in kt=g, proinodon, discharg,11111, iqr, �:�f
ne!wnefijob trch5sifiaireerral and odier �asts of enaplomenonflie l)asis rare, co�lo4, ri sex:,
P
national origin, disability, Rge or gpnedcs;
2) Diesignate an employee as di,e ILEO Calordinatorwho is w0ble during regular 1nni4ess bours to,
E 5
receive I Z ' 0 calh�
3) IVA,isli d!ie �EJ� �110 Cloordailator's contact infbmation qa�axtcrly in a newspaper nEgenexal circulation in
the Sulkrecipient's itaudicdon so d�iat pleople know wp!iai to call to ask EEO, questj 11 ons or �regi I stito a
clomplunt. Altetnativdy, d!ie Siabrecipient c=, oist flo: coonlinatorl's contact infn=adon ffirtmErhout
,P
die quarter on d�le borne page of its,website; and
�41 l�E�sta])Ush a s3stcm to record tire firiflowing Ibir each !'71D call:
,a) 11ie nature off,. clall,
11) The acidons taken in response to d!ie call and
0 The results of dilin actiotm taken;
Each Subtlecipient shall i�naintain a 1�sr of cerlified m3noitiq, awned lmsineiss entexp6sies andwornen
OMMed 1!111ulsiness entieTrises (W7,1111,E) tli'at 01[31ecate in i I ts reW I otill 11e Sulxredpient shaU uise diis list to so c
companies to bid o �n CD '3G DR-fiandird construction activitiesand ishaU provide �a copy of idle list to tnun , pin 11 me
coutractor(s) totwe when it biii!cs subcownctors and conn'diants. '11iie Department of Management Semces
mainuuns a list of c:erdfied mincitiq !and women owned liusinesses that can be used to develop a loc-,d
1MBE/V13141 list iat the followingwelnite!
Section 504 and the Americans with Disabilities Act (NDA)
Asa condidotifor die reccipit ol'M,�31G, DR fUnds, die Sulwecipient rntist ccrdfr tlll!!!iiiat it rovides access to
�%111, fedemlly fimded activides to all individuals, reptilless of liandicap, Tbe Su�ve6pient shall detnotistrate its
comnutment to abide by flie laws ti!irougli flieactions listed lxzlow.
1,he SubreciVient sh&H:
1) Have placea rcsoltition air tirducancetliat is tiesigned,to climinate discriminadon against any erson
%Vho� in P
'a) I las a physical or inental inipaucrlent whicll substantially li,m,i,ts one or more major life activities,
1)) Hns in record of such an impairment, or,
C) Issileparded, as having such an ini *
qViorntent;
�DCSIJMIRts M1 employee as tire Section 5014/ADA Coininlinatiln,who is available dut=gregulot 1mainess
houriS to recervie Section 504/ADi A, calls;
1) Pul!Aish the Section 504JADA Coardin2tor's cantact itiffinnation quartetly iti �ia newspaper of gelleral
circLilation in doe Sulwedpient's julliscliction so diatpeopile know who to call to ask Section 504/A1'A
questions or register a complaint. Alternatively, the Sabrecipient Can post die coordinato?s contacii:�
infararadon diroughout tire quarter on fl!ie bome piagc of its webisite; and
11st41A1sb!,-,s Y tcm to record the fbillowing for each Section 5�
S 'i )VADA caR�
a) lbe nature of the CID,
b) Ilie actiotis talien h3ricaponse to the call and
c) The results of di,e actions tRIECIL
Section 504 prx)hil�iiidons agamst dicriminatiotl (see 45 C FJR. part, 84) apply to service asiniLd!,)ility
accessibility, dei employment and t1hic ulminlistrative 'unto vides and, req!° onisil)flities of orgem,zaUx)nIs
41
I Packet Pg. 1224 1
nine.uRim, 1111T„Ain9IXTII A CI AM MOI"a`X!!qAnI%E4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Azmemmt No.: 10092
receiving Federal 1"Inancial aisisistance A Subrecipient ofFedclal liumdal O"IsfWace may not, on d!ne basis of
disability:
• I)eny qualified individuals the opiplorftini 11 q'to participlatn. in or'I'ietiefit froin Federally ffinded Programs,
isemces or other I)irnefita,
• Dieny access to ,
,P rop vims:, services, l;),Fmefits or opporticaides to pattkipate WS a residt of pl:r)-ical
blarriers:, or
• Deny, einployment opporttmides, including bitingprornodon, trainingand ffingel)enefits:, fbr wbich
they are odicn%rise entitled or quiahfied.
nie,,ADA regiilAtioriis (''ride IT, 28 C F R., part 3 5, arid " I I le IIl 1, 1, 218 CFR. part,316) pvihibit discrinmiation
On die filasis of disaIii'lity, in emplioym=r, State wd laical p.wernment, puthe Rccommodations, cornmercial
facilitice, transportation, nand teleco=unica'donis. ''Fo Im, rote4:,ted lily flitADA, ot ienrust liave a disability or
,P
Irave a relationshipi or asisociation, vvid!!i an individial %intl!i �a disability.
1de II covers aH, acdNides of stite and local govetc=Cnts regardlesills of" the government entitys si,ze or
receipt of Federalffinding, ]Itle 11 rsquireis that State,arid local govertAments give people m'lith disaUittes an
equal opplorturaty, to bleneEt fiorn aR of their programs, services anid, actindes u,�i'b ic education,
I
eil loyment, ttans,
,P PICICULUOR, recreation, heal&� care, social bervices, comts, %loting and, ft)wn meefirp). State
and loth d goverhnients are reqiAired to Maw splecific architecturd shindards in die new construcdon and
alteration of their buddings,, I hey alsomus t relocate progrons lot, otherwise provideaccess in inacicessil)le older
builidnigs, arid communicate effictivcly %icfla V. eciple wllh!io have Iman"119, v1slon Cir speecli disabillbfM
]Itle III covius businesses and nonprofit service p�rimiders flist are pulilic accornmodations, pdvately
operia,ted en'tities offeting cerinin types of" cotuses 223d examitisdons, privatdy operated tntisportatiori and
commercial fkcilides,, NfAilic acconomodaficilics Rre pidrate en'tities wito lealse, Ill to oroperate fidlidilis
suckii as restauraros, retafl stores, hot *, movie dileaters, Private scliocils,, convention centers, doctors' offices,,
lionicless slielten,, tMaspor"Intion depiots,, ao(!)Is,, finaeral hoines, day care cvnters and recreation facilides
including sports sta&ions and fitnissis rhLln,,I� ',tons orutionqervices rovidedliv ate �Rlso covered
P private entities
by'ride
Section 3 tiatinic Opporitunifies �for Low-, ias�id Very I ffow�Jticolme 1III'iDersolns
"Me SubrecilPient sliaR cacmuage its contractors to hire qualified IoNiv- and incidierate income res�ide!nts ficl, any
job openingi diat exist on CDBG-1 )R fiwdeid, r(!)Jecrs in die conairl Miie Sd�ircci, lient and its contractors
P P
shO ceep records to document the numl�ier of low and moderate iticnine pleople who we Eired to work on
Me niunber of low-, and moderate income resaidentswho are hiredto wnrk of
the prqect aballble reported in the comment 119ection of the qUarterly repott.
The fbflovAi!!i,g clause fiorn 24 C F X § 1, 35 38 is recpoted to I)e included in CIII X13G I)R ffinded contracts
of $ 1001,0010 or more.
Section 3 Clause
L 1111l2e Work! to be puffirmed 'tinder this contract is subject to die requirtments of Secition 3 of d!ie Housing
!and Urban Dcvclo inent ,Act of 1968, as amended,, 12 TJ S.C. � I 70ba (Scirtio�n "I'll pu,r ose of p p
Section 3 is to ensure that cinq)loyment zi!id clither econorniClOpporhIn1d I eS Lrenierated I)y IRD assistance
or TIUD assisted projects Co%rered liy Section, 3, sh4 to tlie Weatest extent fiasifile, I)c directed to low:
anild very low income persons, pardIcularly, persons MAIO= SUE)rccipients of' 11) assistance for hotusing.
EW
I Packet Pg. 1225 1
11 Metilho'llmril Finudb�imnm II11 v: ae—jim iiA.SRN A AAC: I!!IAAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
PEO Agmenmt No.. 10092
"I"he Pardle's to dlis contract agree to comply 'with HUD's regulations c!i 24 CRM art 11,35 mAlidh
intplement Secdon I ,A,s evildenced duy d3,= CXICCUti011 of this contrvt, tlic I!mrdes to dus
'that flacy Rxe under nocontractiaal or ao:=r impedirnentdiAtwouldprevent timin fromcmcpo)nrtmt crtdhfy
jinguvith e'
part 135 regulations,
C. 'Ibe contractor agrees to send to each, labor otgWU I zation or representadve ofworkers vith mrhich die
contractorhas a collectivie liargaining agreement or other understanding, ifany, a notice advising the Wmr
orgativatic!jn ot workers'repiTsenutive of flie ccintraict&s cominittrients atoder this Secdon,3 clause,, al'�ild
vvl, Ost C:Opics of the Tlodc:e in conspicuous pla,ces at the )1vork situ, boe th m oyees anda pilicants
P Pl
for training and e"cIoymintit
Positicins cim see the nod(:e. "I'lie notice shall desullm t1te Section 3
prefitrinnce:, shall set fordi mirdinum, flurnIxf am] i6l) d,tles subject to hire, mriulgl)iky of1pprmirceship and
ttaillingposidons, the quafiflcadons fcr eac'h; and dle fmIne and location of the person(s) takitig appjjcadog,jja
for each of floe posidotm'a and d3e MdO �ated date the Nvork! 01211 begin
P 0
I'lae (I"ontTactor !agrees 'to inchide this Section 3 clause in every SLA3ccm1tmCt Subject to Compliance With
regulations in 24, C.F.R. part 135, atid agrees to take �Rp,
Propriate actikin, �as proiriticd in an applical!de
provision of die aul:xontmct or in tlrris Section 3 olause:,'Ut:ion a, finlilimprdiat, dje gul3contractor as itivioladon
offfie repdcois in 24 C.F.R. pair 1315. coritmctor wil'!: not sub(,,ontracvm�dii, any sul)conttactorwhm
the contracu)r hastiotice or lm)Tcledge diat the si,flxontractor lrastxen bund in violation offlne regtdations
in 24 CRII. part'135.
l!", I 1:u,lecc!)lntuctorvvillcertidyth2t,,iriya„aca:ritemplolymetit, osit�onsjnckidingtraii�g ositirins,daitarefilled
P P
(1) after thic CC!)ntmCtor is selected, but l!)efisre the contract is executex], and, (41 Nvidii persong other fliagi diose
to whom the regula6ons of'24, CF.,11. put 1,35 require employment opportunides to: I)e dirlected, Nvere not
filled to circmnvent the rx!)n'tractor's olAigadxmisunider 2,4 CER- part 135.
R NoncomplLancewith TIUDs regulations in 24, C,Fltput 135: may resuk in qRnatioris, temnination offlais
contrart fbr de&uIt wid didimnent or susimnsiot, fioin future IFJ'11)assisted, contracts.
G,: NViffi, respect tom,,(Irk performed in cotmection,%vidi Section 3 covered Indianhousing assistance, Section
7�,�I,c)l of d!ie In,dian Self I )etenn I inadon and Education Assistance Act (25 U&C. also applies to dae
work, 'to Ite Perfenzwed, mider flais contract, Sec:tiotl �',W) requires that to the greatest extent feasible (1)
ref rence and, opportunities fbr trainingmid employment shRllbe giveti to haidilatills d (ii), prefcrence in
P % amid , - �
die award of contracts and milicontmas shall be given to Fnidimt orpnizations and Indiari owned
Ecomotnic Enterprism, Parties to dais centtact that ate Subject,tc, die prcimisims of Section 3 and, Sectioti
agree to: cornp�mfla Section 3 to die tummatun extent feasible, I!= not in dercgation of compliance
vvitl:i Section 7 1�:I)i ,
W
I Packet Pg. 1226 1
mlrw uiga ri 11,CITlaffi N111,11mum IIr1, All"211 A 1"1, 4 A A O'LA 0, ACV= 1111mmAlm rrio,,,,Rjj , I.,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
EAM) Agmynna Nbs RXIM
Civil Rights Regdations
0
As f yr dll receipt of'CDBG M. fiuAs:, each Sli!edpient cerq,it st it ',,wLilabide Ilm t[ie E
Y�ed(.,zal hk'aGIvs an'r"i
L, 71),tle `cifthe CN&I Rights Act of-1964-Yrohibb dMinbatim 117 thu�'a receiii e,
Yu Ill ?'��,ct ofl 964 . ......... nl fcliscrimiti�,.,,tian on thel:x�sis of" tact!!, Color,
Imligionj, Sex ott'.'U"I'donu'd cd�rl;
I ts Aic,,!t as amended Yhe Ell HumaingoUt of 198,
4, 24 CM. §5`7r,14,4 71,,1) Fli,,,wtl ering Fair I lciu sin&
5� 24 CF,]FZ,,,� '70,,`119001 - LSh of punalml NO Irmo vernmenes record;
6, 24 CIRR. 570,606(b) wssisr we fi m displaced petsosis St UR,A levels,
7" e�ige Act of 1,9 7 5;
f,3. Executi,,�,�e Order� 1202 - Ixadusidp and WoMation of" I!Zair 110'uunir�g iti, prr
Foutr floiu�-sing;
9, Secdon 109 mf` the Housing Act 74 �Nc,,B persf i I:w excluded fun-r��
p, tici, Htinn cletxied ofcn dinctimdlwaian i,Iu"ider,,,itq ;oogarn, oractivity ref,,!eivirng
CI)BG beamse afracq color, Moan, sex or national cri, n,,,
10" scctic�m 5()4 of, mime Itebabib0cm Art of 1973 and 24 COM. pan!! prohibits disa�inirmtioi,,r aipainst
pcople,,,, th disabdities;
I I. EaunuMCIM11063
IZ, HxemitiNre Order 11246 WETid Einjayumnt Op;a'ortimmjy; and
13, Sertkar 3 of the 1� Imasing md Devrlqpmaent Act of 1960, as mrnenirled of
L�"'r'wer lru:orne Resi(,,']ei1ts ;11. wd Locgil
certif� fhait II
"Mamma cow ...... . shall Comply Vida all OVAaa proSions and Federal
im�, this
,11111" j/1
C. ool
By,. ", I
Date:
Name: Roman Gasteal
Tide: County Administrator
EM
�FOR MIIKIelm IK DOINMI ATZQMOU',I#
AS F(
I Packet Pg. 1227
I„I�,Mcusvvu Illli�ruv avc IIIIII AC224D,14����AAM, v��4 ui uI _��...�4 m:v a vwdm u�Z°�m
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Attachment G — Reports
v 2iw �mm� �muv 44mmm �4� ��.�. .-- _ � ""��� """ w„ �, ,�. " ,.__.
1°IIIm4 follow end glibmineld to DEmm the dine fietinie indicated
m . �' �
°m w IIICm tll, m!�e ^ m�epmm,mirm constitutes an ��m4nmm I°iefault,, as 6duum.mm.4m m.rum � �°o:mi
,01 2, of this Agic4r4v4m t.,
L A '.I"' vm progress Report mu° umvt In sud4mommv to ID,"EO on Forinq to In provided b '1 "O' ten
(10) c2lie dar days afru the end oif vvcdu mmmru4nth
4v later2.AdiAn
� progress 4�v m%,, must be uu:uImmmmmtil:mm to I)EO on f4mmm°mm. dv dm4 dvriov m uumm"�'b III EO
4mv e tendi day, of every a pd1l, duly, Ov vulmv2 andjanuary
3 .. Cui!%tv4�4t v Subcontract Activityi4mmumm, "m°mmmm.m, � �'��� 11) � � µ c ummm mmd,y vv vm.l4 ldm at
fJ�l /f"r Jr ""'( �i / �� �"IUC'P "'�i�' rp flat J ", '"m
i h„fir I,�rrtr rr �m � mmmv im�, �m�.m"�' �"i ��� y
mµwm*fmmmmm2ce, must d.m4 vuml.mmnitty b2 .April 15 and October 5 d acb year through mdu DEO's SER,A mmv 4mmm,
u v vdrm Ihv fori,ri, must .reflnm4m O con mm4244l v4dv° w For the pmmmivuu , including NUnotity Business II'a ammaum�mm��m
=o4
the m�4 a mm�2 um 'TM
and mmmmvmmm:4vum.n vv mmmvmmmmvv participation activity umm vu 4 placemm" mn
.,m.mm 64w:m°u°:1. m"mmmmvm dm:°u.'�m+v4tv "no
activ
Suudmmvddmuvumm sliall clost:out its use of die CDBG...D fimw v and its DIAig4mm4um s Uader this
Agre4mmuvmmt l v complying with Pro
cedures s in F.i 4, vmm�uu�1mmumg vlvv°v out m
period mv4 mmvluid4 but 4unot limited mmmm4g final payments, mvmm mmu�amm vmmmus (*Immmmi
quipmm.ment� Unspent casli mmv�vvmmiv ma Program mm income Inlaammwes 4mmd
vdvm�umu o rece
�muuw4m� materials,v4�:mpu� ��um JI...� �v.mmuw� m.lvtcm.mmmuumm2m.g the! custodianship of records.
m
h vm
Smu�"mmvmvimm vu�u4ll4� mmm�vlm Eemu ing the�4m m ��a�lk'CD13IG mmvuliC� on hand a��uvmmmmu of this die
, N um mumm 4v mmv� timmue umE"' 4v mm11 mmm2mvmm and an
accounts receivable>m���mu4 �mmv u���m " �III�Y um� �mreal :mv ew mummmv the
who
umvm m4mtmmm� tm4m m�roved�� or in vu�m 311G �m� 54hm�4
providedto the .vm�uu4mma�u4���v �mm4mu) ,,buud:d dmmrm treated in vv4ummmd.4muvv °vuctm 24
4� 'I'mmm 4ccordo:mm44 ""uvit:dw C F lkl part 2010, vlm mdd, d�i u l' =C i.emmmm ITICet tl!iue ffizslLold, fww vuu umiumvion
of m sings or program iispecific audit; the atdit must be conducted b'i accordancewith 2 Cl& Platt 00
viand sulmitted P4 111 11f°.n rao lvtum4 than umimic mmmom.uP:d°:uv f"v4m"mm the and of ffie Sudmmmmvmpinit's fiscal year I f dm
uulnedvien't did mm4m mrw:1 e dmom audit f dmmv d old,, anAudit Certiffcatiori. o mmuuuut In dmrovidcd to, :II"XE
nO IvmJU HIM 11h3e months fiom d°u end of the S' u.breci ient's fiscal'year
5A copy of the Aridit Compliance Certification fomi,j, Attachment Krrmv xm In emaded m4
ruJ vd,firin sixty (60) calendar days of" the iimd of each fiscal year iti,, wbich t1li.ts
vuulmgm nt was Open.
6. The Section 3 Summmy RepoM famm oua H'UD-161102, mmmuust Immm commupd4f4 iand vuud.mmr iiiPl4 flirrmmuugh
is I.?O's �11 I:tA mrmd"mumvih:mm.g sysm4mmm Iq July 1,, annually lIie f`mmrmm:m m"mmnmuv I.m4 used to vepmmu4m mmmmm
s mvm to vrr:m an other w'mw'ma°mmammmrrmmm:m mmmmmuumm ties m.mm�v° mvu°ruons
vumumumm"mm m�a��mvmmmm regarding �, u.r, m�mm d:" and
Ivus um4vmes [ixt ineet Section. meqmu 2 vm°mv4 v
W
Packet Pg. 1228
Docu&on 1112'iiiwakwe M-
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
P90 Agreement No..: 10092.
7. Request for Funds must be submitted as required by DEO and in accordancewith the Project
Deecripaoft andDehvezables; PrqlectBUd9CtDL-MdandAcdi* WorkPlan. >
0
E
B. All forms referenced herein are available online or upon request from DEO's gmnt manager for this
Agrftment.
ax
IR
I Packet Pg. 1229 1
DacuSucuu nvvloze M
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D ` # Agmemimt No..10092
Attachment H Warranties and Representations
..." ��m __ ..,,, ... , , ... mmm ... ....�m.....� rr. �rr _� ............."aa....uu_, , , , ...............
Financial Management
., SuIxtecipient's .Iu.0 l 2 i° uud u� "uddu thpcuuumcus uu" R�t 0
("muumu��uulq2C [4IC 003i0tided
an Mar��uuent) Section m 1, 8,,3 , FS, and include the
following:
Records(J) Accurate, current
omplete discloa=e of
cial
ts of this
d�uidenfl m , he souurce atum°idl uusle of u �uummm� mu or all au activities. d�'hesc orris shill uu'daiu
a �1uu incomegmmuo t awards, uu � , ' =rhi tlon , obligations,, uunobiligat balances, m ts:,
mu
�ffcc6 � ��uuumudrol over yid a uu dr ��,uulud�, �f aU r other t I'll�u �uuuulllDuu ciple u't'
mm d� %U assets u.0 c d &� ey are used slur" authorized rued PiuP'c uues,
��°uuu�d ,uud',� " uuuu� Luau �u'mmd:
,mump,msou o a diuures vdth budget uu.mouun r uu uuuest r Funds (RFr,) M'u ver
�. , financial uu "ucuu..oc duori should be related to pu m m.muru uuu e and unit cost data
R. uum.il dV�" roue whe-µ�'u r costs are a'd:dumum�e m uu"uu uuu ald turd r d:dm provisions ns u�d the
u ,2 C. d muproceduresan pardu d C R.. 200 Subpart III�Ktided ""Costs Pd.nici mlue") and the te=s an
conditions of dris . g'u'°ems row nt,
Cost accou:umud a°ug records that are supported by backup, documentation
Competition
quu°m:°m uuu mud . gum°buuu"mrumust follow t1w,,provisions of � ���:� 1iWJi 3uuud I' uconducted'
�. on �°fir c uuduu eci, muu ud: rl z ll I
u u open uummu d:" mod: d:m uumuudu mcmm'd.uc'uuu'well
ud.m a umu m�uuuuu ariuu°uu'v Practices
� � �muuld u,°ummuurumud�umm^u ffiat mmu
� u dump m May umu. uu'd�uu�r uuu° emmuuu�u competition m°mr uud�u��iumu m°'s� �.
mu.m' u�udu uuu u'mu
in
mu'ul In
m�contractor
performance ueliminate unfair uuuuuu. u�umuu,a
umu° muudddmcuuuuuuu,requirements,,
statements o uuuinvitations f-ur lids r
duumudforr� uu� shLU dre excluded from competing for uclu procurements,cs must fu uuuuf to die
respionsible and responsive uduuor rfumu uuuu luuu l m� most advantageous to, the prog m, uuusidri
u uiund oufoSoi Solicitations clearly
um.0 fuct du a u• m.�u.ud.uum� ents� that dare bdm�det o offeror
inust rejected, ll if thereorder
cucuumu�d � Iiidaiuu �mumd reason
ddu du.a fug d:d'u dmu umlm �uu.m uu.'d� a�m.�u��� sand all hills um off :m fie
Codes of Cotiduct
e uulmcccupicuut sdu u l dmu � � fatten uud' :uuu� mr a of cond, ucgoverning t e perf, muum.uali i d tripl uyees
eng
duudu uu uur supported udum ruofficer u in die
u° muudwu;u.''md:
' "muuu� um wi"�mu�uuuuuturuddu�uu m�. iu�uuudruucontracts.
d � u� �urrul uuuu* if"lmu� uudl�u� �ud,� Hm l rum m
n d u to
w'uuluuuu. ict of interest, Such uu conflictwocId Anse wlien die employer, offlizer or upgient,N itnym"um 'rnber of ids or duet
inurio
ate
m u u te, i m umu'uuuu„ lim
m uu interest duu iu d: uu u�llld
d ,uumu �.uduu�"u einpl m, s u�u u�W about to employ urim�� u f d!im� �':m' c
� �uuuu uuuum�umu.
II°dm officers, employees es an ,°ell mud dlll.ue ' uu�uuuuuuu diw'uuud" uhuu rle �m�u ddluu soli It not Ru jud° gm a uuu, uuus� :u
�� tn°uµm:mu mu�"mmuu muu:. �� value fic mu uuuutu urtumu" u�uu uu.ud~,11e to uuu1'„„ uumutrzct 'nic standards ofconduuc u'u'u ,ist provide
for cusci u u arty f y
hum�md°cmru mm,��d" S�mi"� m*umm,!� d''m"m d,u r��ml�dmmmi� I �" �r"�i4"`��'i��il� wa.d" N il"mmifi!d�w'�D'���'m�'m� !rim" agents W d"�d:°I�,�"'
�� � uw'udu "�u. � "d"� �u�J.,• . du�uu.' ud�uuuuu^u:uu� Ilu �uu�mmummu"u�,
,Business Elours
Mae Sulgeicipient shqU nave its offices open for duuuuumm euu ,aith the entrance door open to, die puulm w'u, ami cud:
least n luu row n lulu^ dimes for s "Reasonable" dµ �� III:u'uuumuu � � d.uu�" �u�rr 1mc �u�uuuusduucm� 'according owau,
wuiu"uuuuuuauduuuuuu , Im t ruuu um:u m°mly igliall mean nonnal EnAdriess hours of &Doi :.°.�''mu d�.Pum,uuu� ��u��ummuy
muuuu�Friday,w
Licensing iiand w
ttitig
for RU o dwdumr udumuu:u�cm uuuOA for whic�u >r"1he are hired bthe Sulam" cur q�u umm m mmd dm u u ' and, permits a mu�u.� m
�° muuutrm tuns or ea u mu�rmum uuu°w�u� �:m u� ��uu�uucm4�uu Q
M/
Packet Pg. 1230
Ovk=USInIIu F41VnInnA III' M����� � II"� u��., i iHii'w � � MUM rarlROMIM III VIrO
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Attachment I — Audit Requirements
su m- u ms�s s ss sw�sss sass sw� I I fhe Subir� � w��uu�s� t�..,,. .... rr�....
„.._
om
usssusuut ssw�w a b �r I) O as ssssspus ssu r�u:ps se6 " suuspr wus w ss� auditsand/or
Section ! w µ procedures y sus, (Audit �ss�uu�:usuuussu�s� sus�w
evn of
monitoring �
su �uu.�wu �sw �°��"�"'� � �°u�sl �� ����wus �s�uus,psuuW not be ln.uuuiits
to, on sits insets 'I)y 1''),E0, stsf,� linuted sssu s auditsauditsas definedby 2 CIM patt 2010, as swum°w eds suuu us,r s ll!:w r
su�w�csuuwfussuuu uu us, k m � �" . � � , �m . sue u . wsss� mu . ss �. 'h:�w-w suuuss ..sus su�w I.0 ��;��
procedures. uures. � seta sirs wuutuw gees ikgreewusss°ut, �~lw.'s sular ci q ly an sussm su° t:. s
ss u s wr essss d
^���w Illsu ��ws ss��uu� � IE�u�sw4:suuuusss that s lu:ussu:t�s
ssusp� e audit ��� !ic Suli�ss�su��� is s �. r � � spsu!sts, d°uw!b. Sul)recipicnt agrees tocomply vwtI°u any aduitwa°wl
�w V� V�In�u w�wi �:°'u���.,I����'�w� 11�11 w��f4�!�I:w�"��w�l�w�'�"��I'�11 ��I�, �, " i d�lw°�I�isi�"�V:' er'mp4'�"m
use . ° . p such audit bus
�:asssus �. psis sws aUldi s uses sus uu�sssSSM7 by dle Chief
dl'Is s wart is uspplimble if,die " uubted, uien' use Struts sss lessee] g °s�ssswwu ent sws s seise �Srofiuw s.u�suuuss�iussu defined
u:wsu
uu � C�"���� umss wssw�
���ws1��uu �s��u��s�n �usu�s �� single s wsw� s�wss�$1750,"00 w suuws�ss woe ��;,t. ��w� ���us its �i���wssl �rs.ss, he
us ss event au ha ruins ingl°w�o p expends p. fir usuudit conducted in, accordance,%vith dss pro%n s was
s its ss w �w ul,)r ° pient s r° "� sources of Eede a Var&, including fed e:u l wuuam e
1usss�ss uss�ssuIN
os
s s unts �f fs ss�ii�� suers ds sx�s�isms�ide ��sh a �lic uussin
2. 1n ronn eclion units the audit ssu uuwssususn ts 2titircsised i:!i Part 1, pwsw grep a 'I, the uubtecipiss't shall fill flu
dre requirements selu st Hsu su:wutwtss sss�suuu:msilwplutur.s as �:uw°uasswtsu� ww F ps 200 t t= F "'t odit
V' ssuu
suauu�ws��ssus ust � �� .� �Requirements),
.� �uus swu�ut�� suwuu�tu:us�st
u cordsssu u i� ss w 0 Subpart., (Audit � men s a revised, u, �
u sus uu �su�u.s uw at�di ex u^ s less a13 7 "u uis federal awa s wuu � fiscal
yesu
� 5 t0 0 sue �sdet , s
required. :�uu tun ussu ���.sst its �"uulusssu s.w.ssu.�. expends less,than ',��' sssuus°S in its fiscal
year uuu� d elects o, ba n audit nd ussus� cc sue uuuuss� t �� i pusuuu s' uus auk' CFR()O uulmq art F
w
� � uses s revised,d!ie cost � lugs uaid fras�uss ��s su �� '� �� �sss uu�sse-s (u s,�
the u°wfsuuds �awuu�u�t usuuu*s�� bequuut h�"sss'�uul).w"u^dpuusuut.usuus�uuss�ss wulu�sw� V.:wswusu other than ssssp
entities).
s
4 u� �1�'��uus��hturs� the 2s s�a�uuuu��t. entity, fuss iu� ��w�pts�aiu� t�s�s �u.utl� ��stpsp>� tcommercial, 4�rasu� �u�w°��°,
tl tuubi mitt e ��suuns
.. J32 t
�s
I � uu� �
u� ssusss tusk a swusmut suu�sw�sss wsuu
m w�ssuu� 7"u'w��iWi000 or more use l.sw sss.l sas s must ss�uus�sl~;,� uur dii federal suutuds tu, idcUnes (see t ^ F.R,.,
200 01(4) Adtptuuuuust� II, fees posh entities may p:us subject to certain Specific audit sssuiuussusssus of
individual federap t uusIDt agenCiCS.
48
Packet Pg. 1231
�)QCUS[w'i if °Iilveioiim 111U 4aCP3411")1A,,,4Au9 SIA"Alm
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
PEO Agreemm.t No0.092
Adchtion,A, Feders 1, SingieAudit Act resources can 11 and at:
-J-q . . . . . .
PART II: STATE FUNDED
Mis Poll ils applicatile if t1lin &dbredpien't is �a non -state entity as defu�n 1by Secdon 215,9 7 (2), R S.
In d!ie event diat tbe Stilmecipimt expends �a totalamotmat of'state financial assistartce equal, to or in
EXCIC&S Of $ 7510,0001 in, Rtiy fiscal year of such Subirecipient,, die Subred i 1plent must have a State aingle or
project specific atmidit fbr such fiscal year in accordance vid,th Section 215,97F S �q), icablic P] rules of
t1w I)epartiment of Fimaticial Services; and Chq�ters� 110-!5!,5101 100d governinernall entitles', or 10,6501
(Ilonprofit and ffir profit organisations), Rudes of the A,udit'or General. Ilffi determining the: state
financlial assistAnce eVendied ii,-i its fisoa] 31ii"Mi, t lie, Sx,ibtx,cipient Shall COE1.411der all sources of state
Bliancial assistance, including state finandal assistance received from DEO, other sbite agencies and
otlier non state entities. State financial assistivice does not include Federd direct or pass d!irougll
awaids and resimucesreceived 1!i1y a o�cli�n state entity fbir federal program m2t4hing requiremielinti.
connection undi the audit req=ements addressed in Pmtt H, 1?aragmph 1,, diie Su1mcipient shall
ensure diat d!ie audit complies with die requi I rer!nents of' Section 215,.9 7(9):, F S. 'Ms includes
submission cifa fi,!n�tucial!reportingi),�ackiage �as definedl)y Section 215.19`7(')FIS111 andChsj)tcfs 10.550
001cal govisinmental entities) or 101,650 �nomprofft and for prof I it cirgam I zadons):,Rules of d�ie Awlitor
General
,3. rf the Sutweiripient expends less t1imn $ 7501,000, in state Enancial assistance in its Fiscal, yicu,,, an aj�idit
conductedin accordance vvith, d!ie prOvIsions of Section 2151,97, 1�.S, is not req,tiined. I,n die mmit that
Subrecipient cVenifi5 less than $17,50,000 in state financial assistance in its fiscal year and elects to
have: = audit conducted in accordance witli t1h,11111: Provisioris cif Section 215 9 7, FS, the cost o�f� t,be audit
trimst 1w, aid, from tbe non state entity's resoutcCIS
,P (11e., die co�st of such an axidit must be paild froin
d�ie Suimcipient's resources obtained Irom, ot1rer thm State entities),,
Additional infonnation regarxiing die Florida Sinoc Audit Act can found at��
aa
part �would1beused to specif�r anyadditiotwd audit reqtdrcisitects im!posed 1)y the State awar(Jing
entity that re aso ,Iy a matter of fl!iat State mimarding entity's policy , te., die audit is !not required i!q,
Federal, or State �amrs and is not in coriflictwith odiler Federal or, State atulit requiO!1ernents). Pursuant
to Section State agencies may conduct or atl! %nge ffir audits c,fs ta te financial assistance
d!mt are in addiucia to audits canducted �in accottimnce mifli Section 215 9 7, Rs. irn sucbi an event, the,
State ammrdurg agency must arrange fbT 1�!11,11rilng the fill] cost ofsuc[additional audita),
N/A
L Co, lies of ,P reporting acliages, to, mclude any management letter issued 1uy the auditor, for audits P
conductex] inaccordan(:e widi �2 CFR 200 Stibpart F (Auldit Rieqkntzmcnts),, as revised, and, required 1)y
PART I of this Exidbit Agmencent sliallbe sulmmttedl)y or on behalf ofthic Sul)recil)ient direct4i, to
eacill of the, ffillouring at dic address indicated!
m
I Packet Pg. 1232 1
(kewSmill I!!!nvwoiie AC234111A
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Aereement No, - 10092
A. Depadtnerit of Economic Opportuility
�mr
ncialMonitwinmd, Accountability (ncoply, m1unitted to: the FMA section shmdd be serit via einad to:
. ........
15,: 111n.-Fiederal Audit Cleming1rouse designated in 2 CFE, 200: SulTart F (Awlit Requirements), as
re%,iml, dccbxmically mr:
,g
2,, 1 Copies of audit reports for audits comiducted, in accordance mth, 2 CF 200 Subpatt F (,Audit
Req,uirements), "a,s reoised, and required lc
[:Iari� (in totr spondence accompanying tbie!,wadit re iort,
indicate die id -ate that the Sulwecnt �received the audit repiort); copies of the reporting paclartge
dieactR%ed in Section .512(e):, 2 CFR. 200 Subpart F (,A,u&t Requirienorrits), as revised, land ally
management letters issued by d2e auditor; c��opics ofrqorts required by Part 11 oftius I!,!],x iiI)it rilust �Die
D]IO at the addoesses listedinparagrapli three (3) lmlowv,
sent to
1. Copies of finandal reporting pacluges requiredIry RAIRX rl cif 11! tis Agrieement shall be sWunitted
or on bidudf of tlie Subirecipient,dillcm�y to madi of the fnljoming��
DEO at die follommig zddres&�
Dectronic copies:
1 11ie Audiuxr Gmierat's Officie t dic fbInving addresm�
Auditor General
11,..ocal Govr=erit Audits/342
Claude Pepper " Budding, Room 401
111 Wu,�t I111'adison Street
TaUahiasiiee, FL 3,23919 14,50
E�,mall Addres&Lj/ax , " ALJ,"","
e
is,
4. Any, replorts, mat1q),ement letter or odicti�m!ifc!)!rmadoi�w,wl quired to I= stfl=ittied to DEO pursuant to
dilis Agteement sh2D I)ia stainnitted thmely in �accordance 2 CFR 200 Sulqmrt F, 21,59, '1 FIS11,11, �and
Ompters'10,550 (local gov'emmental entities) or 10,650: (nonprofit andffir Profit organizations), Rtfles
of the Awlitor Gener,,d, �as applicaI:,)Ie,
5, Recipients and stflDrodpients, whcri sulmitting finaricial repordtig packages to DEO 1c�m® ai,udits done
in accc!jrdance Nvidi Cliapter 101.5,50 nocal govemmental entitii�,$) or 10:,,650 (nonprofit wid, f6r--prc ffi
Orgarlizations), Rules of the Auditor General, slortdd indicate dae date tliat the repordirg packagewas
delivered tothie rec,�pic�nt/sul):relpt'e cnt in correspondence accompainying,fie reporting j3aclmge
I[Ire siltmecipient shaU retain sufficierit records demonstl-aLing its coinplim!%cewith the tensis of diis
Agremnient �ro�r a petrod, of'si�x (6) years frojT4 the diate the audit report is isisued, or five (15), state fiscaLyear's
after All rep!olrd,m,g requirements ate satisfied mirifinal payments have beea receivedwhidiever period is
longer, and sh2l] Oow DEO, or its desipee, f1e Chief Finandat Officer ((70) or I!Wditor Gencril Rocessto
9116 McOrds upon request, In addition, if myy'litiption, cbori, negodation, mitdit, or offier Rction itmolving
the txcords bais been started prior to the e3q)iration of die (:oVittollink periold as iidendfieml d!iove, the records
shall Ix retaincid witil, completion of thie action mdresolution Of zu isstles WILich axise firolm it ot until die
50
I Packet Pg. 1233 1
CW=Sbn Enmobas Fl- CI`:11R'2W'%j"InC4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D410 AfKAW NQ IN0092
end of the canta% pedod as zbmm, whichevex is langmr,, ']
be sla,r11 erm,iiaxe that
Papers are I'm"', e wvailablel�o DIX,'):, cm,"'sts CTO mAxOtor
General upcm request for'a
PAR of Eve
(I yeas &C,��Izn tlle &,tte the �,�,tzdit� =1,! is isatzed, tutus exwnded
Owdting by IXEC,
Mal
I Packet Pg. 1234
[30ccVcc 112w°wk;D1)c dIU U234�DIA, d8'f�!� AAI��! u!IAARJ`00
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
;"-! ' g.�.. o, f0'
SourcesExhibit 1 to Attachment I — Funding
Fedex l Awardhig.Agencr
Federal 17unds Obligated to,, ii.ca::2:
C 2ci g of Federal ii ca
Catalog of Fedeml DoinesticAssistance Number:
I "A& ii ,rfcl" a mrvayr)i and dnekwent lw aw"r
S. DepaxLmeta act" Housi n .aaa 'Uxban Development
aawu.w:ac�a ty,,11
..)ca clopac:ac t Il',Kcck wmMac. tatc's Program
I4
'nway gaaac cca w'cf.11' elmi � lari a s �" )III c w�'�`°�'
Home uy"o at lac° q w � is do acquife w o erb^ui that iore i I n ww
S, esi&I Hood Hazard Area HIA), indin b, risk flood
ucc s to help reduce tbei=pact of future aasters, iuid to
la. is proja ')erty ovmccc to relocate outsia w'"w" the di,,:aeaat of'
flooding.
Compliance Rca'lturenien3tu . i°r ccl�lc 2c c Fede I. `Rcca3 =cc .Awarded Pursuant 3o this .Agreetli c3:2
are as Follows:
"Federal Pr�ogriun
I.all exform a�o: ogcta�raa cccc � cr.t' S�c8aa �w10�1_ 3mm F.S.
][he 'cacc aswact aacww rc�� cmis in accordance math 2� § !7480 ............ 570�9"
m�cc� aca�aquaperf cthe
obh6ptions ais set f6rth in, this Agreement, acu uclia.:n y attadin:"a.w I or
exlli w'. tlwccctor
,alc accca w act c p .c � wn g erred li �,LU a aaq:a'I.c lc c rr e c a ccaac in ch ug, but � clw'n ce r
caaaa� raw ca�cacc
ca"w di:&
Iuw<.wBV t��µ acsc aw'cc�m.ca aaa .°°.��a� Tc��� � � °a"c.�a � � acamat"
���pa �:wa��c�c� as ��.niu'na �"�a�r'Mi^aa� .n
Notice of Subgtant Awaod,/ ou:ad .Aimilability (N'F
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the:
Matchingso es for Federal Programs: N,/,el
Compliance Requirea lic le to State Resoucces Awarded Pursuant to this Agreement are as
Follows: NIA
NOTE: Title 2 C.F.R. S 200.331 and Section 215.97(5), F.S., require that the information about Federal Programs and
State Projects included in Exhibit I and ffie Notice of Subgrmt Award/Fund Availability be provided to the
is
Packet Pg. 1235
DcctilMa 'h Erwa °ins III' m
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
IrE! . �No.,. 10092
Attachment J — Audit Compliance Certification
Mmmff c O af, ifib form,iiii D "c Iu D" cD cc^ Vr ul, curf4rch dui siftfflng, imly c!' uc du!"V
Subillecipient,
Ci nct' ic't's EnIgib
Dild 'f ilc Siikoccipient expendstate financud assistance, i its fisic'a yeati th,at it t'ecileved
under any Iagreement (e.g., , c ntraq, pipn inemotanduin of agmemient, tnietnioC andum i
understanding, a%%lard agireeinew:� etc.,) [uctu'iveec the IS uI°.xIodpie,nt anlid the
Department iEconomic " �'u'ort u:u ityl pIIC o)� Iiu' III e I II .� ' Ol
If thwiavle answer is yII I5:, MIRWIer ffieffillowing befi rc Proceleding tin it
id the a uulu ccipie expert $.7510,,�000 ortnore of t tfin ancudassist^ cc D anid
all cu��
other
O
�� ufiscal
NI,� a�l
sources�. state �:u:�"uu�u� assistance .�:cluuuD its '� '' III �
III
If IIc'3'thIC' Subreu : lent ��' � thatit will fhnccxiicplyvv°. th, all applicMi
le 'State
single, .1:' pfuIcc specific axidittleqUiIrem x:uutc of cc uc. 216, 7.Florida Statia
applicable .ic'able ul^s oaf theopal°an'w :F.ncial. ' Services and the .Audi ° c' *L
�cccc� 1�c �.w Ilc�cw��umm�:� ��. ��uc�cuuuu.u:ud � ': fiscal ��eth.t .ittccec~� �� u���
���� I "�� j his �mul!wtec�� ��� des �� ��c u
wernu^t, etc benvelen The Sureu.ieD .. I y'''s
N
the cu c: answilet,.yes, 'Iuucc.ul a°;muu blc.c rocceldiag to I'',xcctiti,cc of this
certifiration-
Did
bu ScI:u.cicct mrplend '7",50,p'III or tuucc in fedetaLawards (From I�O and all uufficr
GUICUIu 'Of federalawatds combined a mu uui itiaca,lyear? 11 111 Y�c6 []uu
If ye31111 ' c 'ISIM"Ibrecipient, certifies .i ill timil, coiiiVly with aH applicable B :x:uu.gc' or
'audit .requirements of 2 C.P.R.DD ' 1 as revised.
.
y sig i:� g c �c ,...IIII' certi i' on cb lithe Subrecipient, ' is fat he above c c Dx'itta cc
ace°„ i ems I � 2I e IIanu c rrec
_ .... _ a ....m.... ........_. ......
Signa uuu°c of Auuccri°cumin, Riepresexii.tadvile Date
Printed
__�'�c of �����umcc� ���II�utesent�.c x T�u���I of Authorized ��^ w ��.�IIu�"tat I m
W
Packet Pg. 1236
l')Of3GWI F IIIWWCWI%A IIIIII"1: At g' °Ill ,� m m umm ma w m , uw µiim.mm'" m u r u
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
P `! Areement No.-' 10092
Attachment K — Subrecipient Enterprise Resource Application
(SERA) Form
Current SERA Form will be provided under separate cover.
m
Packet Pg. 1237
C"'Noin"IwftcrFirww"Iet'll"mm jj"Ir flid . . .... .. /�""4AUI W 1( A AtuR1,, R ir 11'AAWR
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Agreement No..: 10092
Attad hirne-t-al -ra
2 (.014"]IR-Ap . pet!td 11 to ]II[art 2100 1 1 Clontract Pro vi'sions for ]Nfioniii 1`7edieral. C
alltity Contracts 1I.Jndier ]1.i'ledieral Awards
... . . ......... . . . . ..... ................
I to 00 -
In addMan to ather pvWm; reqUied by the Fedmal agenoy or
rnacke b,Qhe non-Fedaral eriTIlly a'J"i Coi r4 �jg t [e
fdj�k"-v) "vIIu igli a""11' I'DtI1 ice We,
(A) iflhiair'Ourie d"Ir1 a ))rmnrllIlysrzwt ar"
Is dw Wtion sJusted arnourl WnNneof, ic!I andva
RegUsUans i� o,�iujri�,,";fl 1)11"idb) as e0hwiziaj i by, 4 "1 LJI. S. C' I R")B, r"ni ust
CmIrsaWa4 or 11agahe11'tVedWs in oir
airid Roir auctr f,,,sainaiJaris ait peirraHie' as
X1 iin Of rnuabORMSS tell irril 11 ffticauss amJ Ir owmenhamm
brMe norrowde,rd emu, h1dudhIg Ow by ""?vlall WHO arrd basis fbr
j,.iri idei 41 QI Ilan IIDart
euOffl�i"raa Lai �,I,rat ri it tiI 'Iffi�',(de WNwsd Wed coi 1 41 CF,"I',",Z IDaii t
60-1.3 anist include Has dat'�'Se r)),irtii,Jinr,Ari r,[
')'w'v1h� Exea,�Ithi* Oii"t,"'Ier 11241 "Equal EnjkymemI rty"" (30 Fl,,"R' 1,23,191,
3 0���"?' 1��Iar( 19641905 ,r, 3,39), f3, I,,')jy EiXeClltive Ordq,,," 1,137511
",barwnidlIr,�g Exem,tvei Order 1124B RWsUng to EquaHlirplayhriol and
regulaUcris at 41 CFR pan So moRhe
E�q�ual, i �,)'b rn'1"',,,,,jjj r'("r Of, LWl�mr":"
(DJAWaRecoin �'J (40 LAS.C. 3141-3148), ')V
1,19WOUM, at prhme constructor; conbacim; in excess of SZODO awarded by nor;FederUl
enimbs muw1rewds a fim", 'IJ`re QVS-Becmi Awt (40 US.C.314t-
3,1441, 3146-3,148) as Mod by Departmerk of Labor reguWdans (29 09R Rmt Q
;tuoir' FAWWons jc'Iz ,, u' id
AissIstei,,I C",arIstil�,mbonj. Or tI"is aWtute, conhadars nual be nquhvd to pay,
images to laboireirs airia at if'ai�iis ,)rct less 0han if preva&q wages spedRed hi a,
wage densuMnallon made by tie Seaskery of Labor In addy,,I�Iaf ii ru,)sl', reqi,JJireid
to 'grass Orricis Mmak The na>F�'E"'JwireO t, t))[acea
ci))1n eirt"t, Waned bythe DqjJw
The ded6bn to award a coMsed cw be 11 bmil ii a
the wsge delennhoW The non-f eder'zfl 11"Eq,,Ioi 1,� i j,,)i s i c,j� ir,, 1,,
1,1s
FVcolwal rmot sWo inalde a proWn Or corgMance
%mRh the Qx4and 7AnUQQckbacW11,Af k (40 US.C. of
Labor (29 t F"I'art 3, and Submmitmoors an PuWh IhMdhg or
Or 11,i Part by Were; or GrIr,','qirvIz ftf"':�)Irri 10"�'�a h"fll�d'
eadi caMirad�v,"jr or w by aa iy rr'mw is
Emy pennon ampOVsd hi the consUucUoi�I, g,),,ee G,Uko anj",y"
m Hon to Wort I(lia aUj iei"Wse ir, . .. ..
repo rt ah III ir lx"�,r" d ttrIe
fl)Coii ttialot Wk Hbwm and Bs%jr Staii t (41r,) 1 3701 3'708)
aH corMade awardvid bythe nornfederafl ki e"X"�""f'inss rr"v'["74vie
enrMoymmnt Wbwev nnahr"Ich a1e a pirvvisliolil R Jr' wI111" �40 U-S,,G,
3"iF02 m Pd 3`704, as supNemented by Depwtrionli of Labor nquilkormi (29 CFR PaM By Lhidw
910 37r,)Q o'fl,'I ie,Act, off be requTed tir-�� t"I of OVON,
rrvachmic and abwer mi Me bask�s of a wiels$r,, of "') iri
MW
Packet Pg. 1238
DUK.IuMqv^jjj jjllj,,�%j `")unta-mrm mi
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
PEO Agmemwt No.: 10092
O!r'' Pir,,7,,VWed MaWwoMaii aa 0
a hal Vives tie basic rete of pay for oH hours wKwked In excess of 40 hcws
in Uie work "mot ilia of, 1111) LJZ,C3704 �18 tir:,, ��moi! �rt: I �ii,
plum4de that no Woorer on rnechsni�ir,; nin�ii be req flwd to workin iilr uirtdal,
candlons %Wchl one unsanHary hazondon,rI,,,,,"i eil'V,ri ns ii I ii,e#:)l,iulirei pplyltio
pun:Kases �",xf mAmata= or arUchs WIilpy i
U) hwimUlbro, Made We,, al neii Ilt IAIrlie avvisird iii eet,,, p,I �e
defiNhon uVWdlUng agreemal" under 37 09Z § 41('11,2 ar"""I tfnii� Oil"
W41`,,�esttismad bll,,mlness ftiirr"( ie
a i,,i & aSQpi"ill i'llit nll� 1011" of expeWell
ljil,,ekalAI Barr( wNincHng ol", SubrMcIpwriAnum awsmy VMh
req%meNs of 37 Part, 401 11941 h) invw1kno Made by Nanquaft QadzHons anc,(,
IIIIIUUerUrildie@r I
d �,�,,y ig
k1r, (42 USK 7401 7671cj,) wi id i(priUFederl@.� CoiiitirdAct (33
1;` ,, 1 1387), as Conhads and sUAVeMs of smiowva [n excess of Q50,00
carri1"alil"ll, a u Nos Me non-Firilers! eyvard to agree W covp1m1h aH
OPMOWN seandw4s, owthers or 1'42
in e ii- Pdj% I
i ),I 7671q),, i itr�ii i WIW ided i U.&G, 12!51 3,,,-7),
r'amt :";w ift awwdhg ageixry and Me FUQQW
D61�:mrrriei �ExamdlCkdefi254d 2�e aA 9
CPR IBa22W vnii lml,, i pall 011 HII �e
"ovir
rr iciiirriI, (SAMX in aumudence I hie r le,
thN IlknMemant Wmtwe irdei!�B ail,,0
POO 1989 Camp,, AM !��xxWsilons tNii ies
of porbAss debaned, suspended, or otberwose WMed by iageir-wk,, i�dedwre,�J
i�":01`y 01i, Warity ahciir xeciflve, Ordei," 1,21"":,49
"Frrandmerk (31 LISZ 1352,'� i id ale ani
awaird diing $101000 awsilir!H�e it:p',iis reqii (1, E.Sck'[I tier w
Wawa that 11 WH ncI and has nW used W terry
argandabon Q waNuandhg or iii (flitmnice an OMW or emiMayse of any agency, a
membeiAl Congmai, Wer an erpWayee of CanWew; or Sell [�,, nr"111ielr ic'o,`
coirifgresc IIO im"rill"IlinedlIon mdh aWailling any Fedwv[ amp, 1" a,,vv,,s,'irid irti, d
IZV 31 LLSW 1352.Vach bier nsust aWn disdose any Woong
rMace hi connection whK dMahling 911 [y Such am Swe Wed tam Uer
200322 Fliro,�wireil ii,iiisri
alt 79 75888, 119, 2014jI
ow
Packet Pg. 1239
OcciuSllani Elmusloillio IIID° w,12." dIDIA.. RIW"' Ki..�°,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
F.3.a
AgreementDEO
Noi I
State. of Flodida E
cult ld"'�"mt l ""111, "tart '
Community,
nru,�n..'lu ennt , Ilrw eluaaennt" ns nrlaa u n lal u�lu°nteln°e nttn„n until It@nIE's
... un nVln"iu tIk SIN"'(m I Nlk 111 II" 1 20, p � llB���vd V i U i rIII@�h ieir @"ie Eli i' tlC lu �"
U ��,�, State �.'��. II IE�n�°IE'��"aiby �al�al�uu� "�� enn�t cween ill!��� „ .___---�- _._."..�"
"° uubireci 'le'luat anrndl tltie t+
• �' � De pin �p n���molu°ymiIIpIpoiv,tunit. hier6ulu°mfter rierfi�lrreitc
as ''w't EC)").
En@ conslE eln~ationn ,f SiubImeN,-Ju ulenes re e'lpt of Ifunds clna time cclntnl itirrieln't by I IE„ki e adlu,uu to Iubired0elrd°'s,
t'Ean:'w' ""' Inan'n't' Piroi„u�i„� �"') � D t�V 1 �y'
t�tenwnlhrl�IE�uwatulua^neluat IEIPunn@���'v�elwnl�un't,.�h�,������u��u' '��u�I�IV�e�t'lie'��� �,�,; � �� c���,r��,�� ��IIm��N�,ln~ t�'�I�� II�'� ����cD�aumlN�uln�lut � �� ,�
a t tDlusasteir Illte6„o eluy IE I na, n Xin (the it lI"�IR itm Ip,IR IE rogiraluanl) au luaanlualnstelne any IE I,,�t "
Siubireiciplent heireby assigiu°NI' °to DEC) aU of Sullltr'e luplk:n,vf' fI ttire Irights, 'to ire lil uulNi'u.iirseluivelnt airtil 6HI
as al tln°aluat" snAlasln " IEa wansnulpt o I" suulralnn�e Ip:utnlEpnnpes cif aIn pie or to wfeira e
' � I I �c' lu°�,aunn"nn �e��a � ulu°u, 'I
w under any n ser eat Iwaln n' pilie� � i lase loan,
t' en, a��INnilllu°dst.�elu°e Irby ItIlie IFe er6a �.rner' eu�uc
� s tie �
' u�ln', I I e �� n � �, �,
11 atanrfapu emnneluat A;ennNc ("FENii unlu° the SirnaEl IRw,n'shwiss Aidirrilinistiration I("OSB "(Mna lulEalu ly, ia "1E",tIE'sasteln°
rogirialwn"n" and coElet„tIE'nn'Oy'"'the "lDisa's't%'r'!In" PIN"ogiranna,sI that 'wasthe ba'slEs of thie icaiE0i8iEatkiIri of Grant
Proceeds paid or "tin be iWid to Subirecipleinit un ideir tlEae CIM-EXil Piro, lranwa anid that aline n etelnlmniIhed llin the
sole discrietiolini cif IE III;; 'tc IEte a duphication lolf Ibei n'e' is ("DOB") as Iprovided in tlEnlos f lu°uaernueluat:.
p"Ihe Ip proceeds or IIp'ay rnuelnts referill-'ed to In the ii:xreceiffliriig taana Inalpr h, 'w whether -they aim firol a IErmiunralnace,
FE W.k nwnlr tine II'?t "n,uln° alaltw othen'sounluc.,,e," and whet:IEau'nnln tnlr lu°ulu,)t such alu°nnln unnts alne a IDOB,, sI' raIIIIN i Ire i !irinen tei
herein as i"Pru u,neeu s"," ainid any Ip' i uu„,eeds tlEaat "ire 'a DOB slhaH IE,ae Inefn'nnnlne to IEaelneha as "iDlOB Proceeds,"
s,"
ttlp ,Dnn reNc6hdrig any IE nnaceeds" Sul)ireidElr.flenit i. nees tua Flu lu"nefflat6i Itiae°tI&V III IE C w ilia wawlHI deteirrnirie IElwn its
sunlEe disciredicin Iff SILICh aidiffltional alaan InulNats constitute a 130113. if SolurDe oir alElll of the IPruceen s m
nee°tenµn°Wlnneud tuww I nge a IDOB, the IEa ln°tlilann tJhat is a Di()B slhiar H be ;)alid tc IDEO, tin IW e lu°etal'ulu"nn'nn'd alum '/ualn n 1pslb uwln°se
as providied iElnnl tlhN Agireiernient. "rEae alaaclunlnt & IE;t't 'lll . deten ^nlElnnu d tc' Ibe pMd to DIF10 shalrlE INauat e ,Aceew tlhe
alnlnlcn.nlNilt rcl.i'nuelp'ved ur°n..lu°in'tlhe i " N'E .-DR IE Inc lnaluin.
' " new�Iil�.nlEellat a,l nwees tart assist alnm a�uael�ulelnate na iptlh p E to pil uns' l? any ofthie IEailluvrarnn. Iuul�an°�un! 'plprnlpeu'nIt has
�N�,uapp
seeh, ut�lpw, 1pu s. p u�lbiredip ili s
.G �, s "w � � I • � i �, d. .. ellat�
asslst'an"nu"ue arid Dntc elnatpu
ulnas , the �un"m��t'u�,ulu�°�umllu�°'� ..cn°� In~enu'u shall u�nlpun�n�elpuunl�ut��uEnl�alVll ttct @Iilwulutu�d'�t't�� a�IEnnw'nIu°u auuit to, ble IbIw°nut in
uull l eu;w'p' ult rit"s nalu Ie(s) aalu°t novidiilin any a dutlionalll n u'ttul,nlaau'unlwutaidi nu w itlh lrespeict twa such olu°usuulalt",' 'Wipn°u
s„I iI
sIE�'�lu°nI at tlu�lii t�"uelm
i�taun°In°ua �ha �u.�.'pls°Italu°non w� ,z uIu° , m u � � � �� � ,. ,,," .lu�a1uue t „ p
I�nr°" ntnun, ulnas ��e� Q aruu�tnts" Ipu u�uuInuun.°iulu"u I wn.. �n�estn� I�If;��t lu I�nlu u,, Ne „ � alu"mn'� �"tln� c�
�e �uasultlu„„ � aluru�
' u�wmmunwnmuln° anti natl
uu.uunnl uenatnnana �wtasuunna Iy !nn'plpDnlelalt ruulntlplueln a Inees to asMst
ainid cuulu"aolpaen°"a°te IEIN°n the att°a'irnuutauunnt and u'nallitectiNunlwn of iainiyDOB Proceedsthat the E Iuubre, lul IEenat woWd be
eirr Beta tun, under i aIE'nIE'n@iucal ilie II)I[us°telr Piroilgraim,
if Irequested by DEQ, SuIbiren„Iwp ieluat a,glrees to eaecu te'sii.iuculi fu rtheir wrid adtdlotlion M docunneluats iainid
plu°'nstlruulmleluata as i be requesteld requestedto fuulntheln~ anaud Ibetter asnuuligii i tun EEO, tc the eatelrit of tlhe 'Giranat
Proceeds piMid to uIEalneu'uuw,pWlnnt Iu.nnnldier the Clt'tNmmlp; lµ'It IRn°un lilanalN" tIE°tie Piofiidpieso alu°n annioun"nts lurelcemnwe Iun"nn elr
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Packet Pg. 1240
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D"O '&a„ .. 10092
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If ImailbirecEll 'lielint (air airty leurma eln tc m IlEmlk:h DOB Pirc)iceeum'jw a lire payablie to such, Eenm ellr`,, to the l
erormmli h agrees to
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h Ett'"' I�" teas eniii�aaur b�ua��urm �a�aaauaaurmniaMlnt bm�e�lr°��
the oreaw�a�liiely d Giralnt Piroiceeds auunaba:ur tlhme CtEall t; -IDR
h uruaguraalrtm 'iiun ueun amount gireateirtihan tJlhmle aurnuama.umat'ttaallb recipEmbellnt mawaaaluhab have ureaweiiinmeat If,such Ih'tOB Il uroiceea ,e
plaid Ilbmeeln a u,eunsbadellre ' iiiun 'tlhme a ualllu.aabaatliivaln ('nf a waird.
lun tllie eaaelumt: tlhmet the Subaureuaipll iiielnt urete'ihves or ips aa.11hme lumllleat tea lreaueiiimae enta,eaulbmae¢ggauielnt Proceeds,
w ulbalreeiiipheunt elhnalllb pay eltich sl ulbaeeataaeunt Ih'muura°aotaeeds directly to ttllt't ,a and iI IlE0 will . °letenumiun emnm
a If
elmacsuahaametueunt Pnaaee t that iallre tt Proceeds ( Su equent DOB I Iaaemds"), abtetuient
Piroceieds pun euma:ema of Subsequent IIEtOB Proceeds alhmdaallllh bie uretuuaurinea.t to the,Siutiuiredlpient SluibseqUeint Il t 11
Proceeds valhnablh be liisbalu,aur earl as Ullbama .
1. If tlhme uullbmurea;iiilhaheiint has urea.elii ead full Ilea uruneunt of the GIranunt (Proceeds, ean't Siubsequileint D10
Proceeds allbaalplll be retaihlr°aeu ':ib IIEtEE).
2. Ilht'tllhme Sub reaahllhaiiieunt haaas received no payinneint o tllhme Gr°aamnt Il una eeataa' any Sluullbaaea uuaeun°t a tt
Proceeds shall be auusea Ilbumt talk °teo urea auaae payinnents & tdh ie Gluraaint Ilpimceedsto tllhme Sanlbaraaawli uliielunt,a
aind l Subsequent DOB Proceeds abaaailb be uretul,aururmeat to the Slubireicipleint.
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shall Ilbae used, uretabuned irmcl/oir dHisbuirseid ilun tlhaaa felPllhmaaaburm,g aalr elu: (A)' Subsequent IDUB dPa'o eed
shall tfrat Ilae useid titIlneaui.e th7ue r°ellrmahllur illrpala�lnot �ath�e �Ilr°aInt � nea� , an Subsequ
ent IC
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"ubaeueunt DOB Pil°ioiceeids stiall
IIEbe retalined Iby lDE0.
4.If dDE 10 makesthe idletle,iriirniiiiiniia,tiilioni tlhmaat the S u birenigllhmiiielnt doles not l to partiiciilhalaate fin them
E Ih't Iu°c nraa l t tllhme t;� 11 llht� -ll t't IlP na
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taa Subrecipleint any urights assiginleid to DE10 Ilpalaaullrtuu lint tnm tlhluam Ilrtmleamnen't,
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aaaa�a'a�a� a t�elllwa�e tlhaniiilama aa�lr atamt
b M tea maliimaliilll aalr a.Irliiluamliiln�aalh I a llnabtuiea aullnau ipir L I w ,,,iC,,, 287, 1001 wnd,31 IU.S.C. 3729.
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Title:
Executive Director
CIVISM
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Packet Pg. 1242
EXHIBIT B
Links to 2 CFR PART 200
Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards
https://www.govinfo.gov/content/pkg/CF -2014-title2-voll/xmi/CFR-2014-title2-voll-part2 O.xmi
https://www.ecfr.gov/cgi-bin/text-
idx?S I D=5b9d6Ob832dOc 1 55f2a8e5b96d8a6e9f&mc=true& node= pt2 1 . 20Q&rqp=d'iv5#se2 . 1 200 134
M
I Packet Pg. 1243 1
F.3.a
SECTION THREE: COUNTY FORMS AND INSURANCE FORMS
[This page intentionally left blank, with forms to follow.]
59
Packet Pg. 1244
F.3.a
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No. (s)
I have included
• Response Form
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Monroe County occupational license and relevant City occupational
licenses are required to be obtained within ten days of award of the
contract
• Vendor Certification Regarding Scrutinized Companies Lists
• Minority Owned Business Declaration
• Certification Regarding Disbarment
• Anti -Lobbying Certification Form
• Disclosure Form to Report Lobbying (Form-LLL)
I have included a current copy of professional and occupational licenses
(Check mark items above, as reminder that they are included)
Mailing Address:
Telephone:
Fax:
Date:
Signed: (Print Name):
STATE OF: COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online
notarization on
(date) by (name
of affiant). He/She is personally known to me or has produced (type
of identification) as identification.
NOTARY PUBLIC
MyCommission Expires:
•(
Packet Pg. 1245
F.3.a
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA
ETHICS CLAUSE
_(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me,
by means of ❑ physical presence or ❑ online notarization on
(date) by (name of affiant). He/She is personally
known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
61
Packet Pg. 1246
F.3.a
NON -COLLUSION AFFIDAVIT
I, of the city of according to law
on my oath, and under penalty of perjury, depose and say that
1. 1 am of the firm of
the bidder making the Proposal for the
project described in the Request for Proposals for
and that I executed the said proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
anycompetitor;
3. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed bythe bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said project.
Signature:
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑ online notarizatior
on (date) by_
(name of affiant). He/She is personally known to me or has produced
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
(type of
62
Packet Pg. 1247
F.3.a
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me by
means of ❑ physical presence or ❑ online notarization on (date) by
(name of affiant). He/She is personally known to
me or has produced (type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
63
Packet Pg. 1248
F.3.a
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me by means of ❑ physical presence or ❑
online notarization on (date) by
(name of affiant). He/She is personally known to me or has produced (type
of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
64
Packet Pg. 1249
F.3.a
Respondent's Insurance and Indemnification Statement
Insurance Reauirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Pollution Liability
Asbestos Abatement Liability
Reauired Limits
Statutory Limits
$500, 000/$500, 000/$500, 000
$300,000 Combined Single Limit
$200,000 per person; $300,000 per
Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
$1,000,000 per Occurrence;
$2,000,000 Aggregate
$2,000,000. If the policy is structured
on a "Claims Made Basis" the policy
must contain a "Retroactive Date" of
no later than the commencement of
work and will have an extended
reporting period of four (4) years
Other requirements (if applicable):
• Insurance to comply with the Jones Act and/or Longshoreman and Harbor Workers'
Compensation Act with limits sufficient to respond to the applicable state and/or Federal
statutes.
• Watercraft Liability Insurance
$500,000 Combined Single Limit
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including property owned by Monroe County,
and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by the
CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their
officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or suspended
as a result of the CONTRACTOR' failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such
delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity
in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and
warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses
65
Packet Pg. 1250
F.3.a
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Respondent
Signature
Packet Pg. 1251
F.3.a
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
MONROE COUNTY, FLORIDA
Request For Waiver of Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Risk Management:
Date:
County Administrator appeal:
Approved
Approved
Meeting Date:
Board of County Commissioners appeal:
Approved
Meeting Date:
RESPONDENT
Not Approved
Not Approved
Not Approved
SIGNATURE
67
Packet Pg. 1252
F.3.a
Minority Owned Business Declaration
a sub -contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
or
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
is not a minority business enterprise, as defined in Section 288.703, Florida Statutes.
F.S. 288.703(3) "Minority business enterprise" means any small business concern as defined in subsection (6)(see
below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least
5 1 -percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or
gender makeup or national origin, which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and
whose management and daily operations are controlled by such persons. A minority business enterprise may
primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family group if
the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this
subsection, the term "related immediate family group" means one or more children under 16 years of age and a
parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6) "Small business" means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5
million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to
sole proprietorships, the $5 million net worth requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information.
Contractor Sub -Recipient: Monroe County
Signature
Print Name:
Title:
Address:
City/State/Zip
Date:
Signature
Printed Name:
Title/ OMB Department:
Verified via:
https://osd.dms.myflorida.com/directories
DEO Contract:
Project Number (if applicable):
Packet Pg. 1253
F.3.a
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City:
Phone Number:
Email Address:
State:
Zip:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in aboycott of Israel and for Projects of $1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted sus
Mended—discriminatorycomplaints—vendor—lists
we
Packet Pg. 1254
F.3.a
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor:
By:
Date:
Title:
Instructions for Certification
Instructions for Certification Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior HUD approval or
estimated to cost $25,000 or more 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and
"voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier
Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any
covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has
entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.gov/), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
70
Packet Pg. 1255
F.3.a
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID
CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or
her knowledge and belief-
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Name of Contractor/Consultant:
M
Authorized Signature
Title:
(Print Name) Date:
71
Packet Pg. 1256
DISCLOSURE OFLOBBYING ACTIVITIES Approved by OMB
Complete this form todisclose lobbying uctivtieopursuant to31 U.S.C. 1352 0348-0046
(See reverse for public burden diac|osure]
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
F a. contract
F7 a. bidloffer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e. loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
11 Prime El Subawardee
and Address of Prime:
Congressional District, if known:: 4c
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable,
8. Federal Action N�umber, if known:
9. Award Amouint, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, 101):
different from No. 10a)
(last name, first name, Ml):
I Information mqUpsted through this form is authorized lby fifle 31 U S C section
Signature:
1352 This disclosure of olbb�ing activities is a matenal rapresentatimi of fact
upon which irelliiance was placed lby the tier above when this transaction was made
-
or entered and This disclosure is reciui�ed oursuant to 31 U S C 1352 This
Print Name
information will be available for public insipsetion Ainy person who fails to file the
Title:
required disclosure shall be Subject to a cm1l penalty of not less than $10,000 and
Telephone No.. Date:
not more than S 100,000 for each such, failure
Federal Use Only:
Authorized for Local Reproduction
72
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYINiG ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sulbawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previious filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each paymentor agreeimentto make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof
Congress, or ain employeeof a Memberof Congress in connectionwith a covered Federal action, Complete all !terns that appllyfor both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. IIderntify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action
2. IIderntify the status of the covered Federal action.
3. IIdeintify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously su bm itted report by this reporting entity for this covered Federal
action.
4. Enter the full name, addiress, city, State and zip code of the reporting entity. Include Congressional District, If known. Check the appropriate classification
of the reporting eintitythat designates if it is, or expects to lbe, a prime or sulbaward recipient. Identifythe tier of the subawardee,e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. IIf the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8 Enter the imost appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number,
Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award inumbeir, the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where theire has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the Iprime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged Iby the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and Include full address if different from 10 (a) Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of iinformation unless iit displays a valid OMIB Control
Number. The valid OMB control number for this information collectiion is OIMB No. 0348-0046. Public reporting buirden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searchiing existing data sources, gatheiring and maintaining the data
needed, and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Managemenhand Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
73
I Packet Pg. 1258 1
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F.3.d
AGREEMENT FOR
Demolition, Removal and Disposal Services
for the Community Development Block Grant
- Disaster Recovery (CDBG-DR) Voluntary
Home Buyout Program (VHBP)
This Agreement ("Agreement") made and entered into this 15 day of June 2022 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND CHARLEY
TOPPINO & SONS, INC._, a _CORPORATION_ of the State of F L whose address is
its successors and assigns, hereinafter referred to as "CONTRACTOR",
WITNESSETH:
WHEREAS, COUNTY desires to employ the services of CONTRACTOR for Demolition, Removal
and Disposal Services; and
WHEREAS, CONTRACTOR has agreed to provide services which shall include but not be
limited to providing Demolition, Removal, and Disposal Services, which services shall collectively be
referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder
have been fully satisfied;
1.1.2 The CONTRACTOR will become familiar with the Project, Project site and the local conditions
under which the work is to be completed;
Packet Pg. 1261
F.3.d
1.1.3 The CONTRACTOR shall prepare all documentation and invoices required by this Agreement
in such a manner that they shall be accurate, coordinated and adequate for use in verifying
work completed by CONTRACTORs and associated costs and shall be in conformity and
comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies, therefore
eliminating any additional cost due to missing or incorrect information;
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regards to his
performance and those directly under his employ.
1.1.5 The CONTRACTOR shall document its progress in performing its work under this Agreement
and report its progress to the County twice per month or upon request in the format requested
by the County. The monthly reports will include current status of each demolition and the
expenditure of funds to date. The CONTRACTOR will also provide information as requested
by the County for compliance of Section 3 of the Housing and Urban Development Act of 1668,
and required annual completion of the Section 3 Summary Report (HUD-60002). The COUNTY
will report the CONTRACTOR's progress to DEO in accordance with the Federally -Funded
CDBG-DR Voluntary Home Buyout Program Subrecipient Agreement.
1.1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those now
in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the
CONTRACTOR.
1.1.7 At all times and for all purposes under this agreement the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County or
the State of Florida. No statement contained in this agreement shall be construed so as to find
the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County or the State of Florida.
1.1.8 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
1.1.9 The effective date of this AGREEMENT shall be June 15, 2022. The term of the
AGREEMENT shall be for a two-year period, unless otherwise terminated as provided herein.
The COUNTY shall have the option of extending the AGREEMENT for up to two (2) years at
the same terms and conditions with approval of the COUNTY'S governing board. Such
extension(s) shall be in the form of a written Amendment to the AGREEMENT, shall specify
the increment and shall be executed by both parties.
Packet Pg. 1262
F.3.d
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONTRACTOR's Scope of Basic Services consists of those described in Attachment A. The period of
performance or date of completion, and performance requirements shall be included in Attachment A. In
accordance with this contract, Task Orders will be issued containing a specific address or group of
addresses, a description of the services to be performed at each address, the time period within which
services must be performed ("Completion Date") and the estimated cost based upon the agreed upon
rates for the services to be performed under this contract. The County will provide asbestos testing
results and any conditions required by Florida Division of Historical Resources (SHPO) and/or the Monroe
County Historic Preservation Commission (MCPHC) with the Task Order. Within ten (10) days of receipt
of a fully executed Task Order, the CONTRACTOR must complete a site inspection and provide a written
response to the COUNTY including a quote for the cost of the job in accordance with the pricing and
rates set forth in this agreement, and a schedule to begin and complete the job. The Contractor's written
response shall be incorporated into a written Notice to Proceed issued by the COUNTY. The
CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon
receipt of a written Notice to Proceed from the COUNTY. The Notice to Proceed will be issued in
accordance with the Task Order. At no time shall the CONTRACTOR commence work without written
authority from the COUNTY. CONTRACTOR should expect that services must be completed no later
than 45 calendar days of issuance of the County's Notice to Proceed to conduct services on a given
property.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, or
deficiencies in the work product of the CONTRACTOR or its subcontractors, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized representative of
the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the
following:
Cynthia Guerra, Acquisition Manager, VHBP Housing
Coordinator Monroe County Planning and Environmental
Resources
102050 Overseas Highway
Key Largo, Florida 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the CONTRACTOR:
Ricard Toppino
PO Box 787
Key West, FL 33041
305-296-5606 3
Packet Pg. 1263
F.3.d
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III may be provided by the CONTRACTOR (which are set
forth below for example purposes only) and are not included in Basic Services. If requested by the
COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but
should be in accordance with the agreed upon rates and only if approved by the COUNTY before
commencement.
A. Providing services of CONTRACTOR for other than the previously listed scope of work for the
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not customarily
furnished in accordance with generally accepted demolition, removal and disposal services.
If Additional Services are required, such as those listed above, the COUNTY shall issue a letter
requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR
shall respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the
CONTRACTOR proceed with the additional services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work and any available maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the
Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to
documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly
and sequential progress of the CONTRACTOR's services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR
if they become aware of any fault or defect in the Project or non- conformance with the Agreement
Documents. Written notice shall be deemed to have been duly served if sent pursuant to
paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render approvals and
decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR's services
and work of other Contractors.
4.5 The COUNTY shall provide copies of necessary documents required to complete theworke
4.6 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate
access to will be provided as requested.
Packet Pg. 1264
F.3.d
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by Monroe
County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs
and expenses, which arise out of, in connection with, or by reason of services provided by
CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful
act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants
and agents.
In the event that the completion of the project (to include the work of others) is delayed or suspended as
a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay.
Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that
CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and
shall further defend any claim or action on the COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
DEO INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Agency
(COUNTY), the State of Florida, Department of Economic Opportunity, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR
and persons employed or utilized by the CONTRACTOR in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign
immunity."
ARTICLE VI_
PERSONNEL
6.1 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project.
Packet Pg. 1265
F.3.d
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance
of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. The
maximum amount due to CONTRACTOR shall not in any event exceed the aggregate spending cap
in this Agreement, which is $490,000.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein,
the CONTRACTOR shall be paid monthly.
A) The CONTRACTOR will provide a quote for the cost ofthe job to the COUNTY in writing and the time
in which the CONTRACTOR can respond and complete the job. CONTRACTOR is not authorized
to undertake a job without the prior written Notice to Proceed from the COUNTY and no
compensation shall be paid without prior written authorization of the COUNTY.
B) The CONTRACTOR is responsible for evaluating the demolition, removal and disposal cost based
upon the site visit and responding in writing with a c o s t quotation for the job, a description of
the job, the time the CONTRACTOR can begin the job and the time necessary to complete
the job. It will be the CONTRACTOR's responsibility to pay any disposal fees at the transfer
station. CONTRACTOR shall include, in any cost quotation, the cost of disposal at an approved dump
site. CONTRACTOR shall be required to provide disposal receipts along with any invoices for the
work.
C) The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by
the CONTRACTOR and the COUNTY in a written Notice to Proceed prior to the commencement
of the work.
D) Contractor shall complete all demolition activities within 45 days of the county issuing a Notice to
Proceed to the contractor.
(a) If the Contractor anticipates an inability to meet the deadline due to circumstances outside of
their control, then the Contractor must submit in writing requests for extension to the County. Within
five business days of receipt, the County will notify the Contractor of Approval, Denial, or request for
additional documentation
(b) If the Contractor fails to meet the 45 day deadline, then the Contractor will be charged $50 per
day in liquidated damages until the scope of work is complete.
E) If the CONTRACTOR's duties, obligations and responsibilities are materially changed by amendment
to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall
be equitably adjusted, either upward or downward;
F) Asa condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit
a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable
expenses, if any, due hereunder. The CONTRACTOR's invoice shall describe with reasonable
particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at the COUNTY may
6
Packet Pg. 1266
F.3.d
require, including but not limited to back up documentation sufficient for reimbursement of expenses
by Florida Department of Economic Opportunity, U.S. Department of Housing and Urban
Development or other governmental agencies.
G) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.70, Florida
Statute.
Unit Prices shall be inclusive of all reimbursable expenses. Costs that exceed the standard
demolition cost may be reimbursed by the COUNTY upon written justification that is agreed to by
the COUNTY.
b. BUDGET
i.The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any
fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October
1 September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only
be modified by an affirmative act of the COUNTY's Board of County Commissioners.
ii.The COUNTY's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of the Board
members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE AND BONDS
The Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of
contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance
forms are not received within the fifteen (15) day period, the contract may be awarded to the next
selected Respondent. Policies shall be written by companies licensed to do business in the State of
Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M.
Best rating of VI or better. The required insurance shall be maintained at all times while Respondent is
providing service to County.
Worker's Compensation Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $500,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $500,000
Commercial General Liability, including $300,000 Combined Single Limit
Premises Operation
Personal Injury Liability
Expanded Definition of Property Damage
* Coverage must include coverage for blanket contractual liability for the obligations assumed under
contract.
Packet Pg. 1267
F.3.d
Vehicle Liability
Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for owned,
non -owned, leased and hired or borrowed vehicles and must include coverage for blanket contractual
liability for the obligations assumed under contract. $200,000 per Person, $300,000 per Occurrence,
and $200,000 Property Damage or $300,000 Combined Single Limit
Pollution Liability
$1,000,000 per Occurrence / $2,000,000 Aggregate which extends to the hauling of toxic and hazardous
material by motorized vehicles. In compliance with the Motor Carrier Act, the policy should be reversed
with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean up. Any
pollution exclusion limited coverage under this policy shall be removed.
Asbestos Abatement Liability Insurance $2,000,000. If the policy is structured on a "Claims Made
Basis" the policy must contain a "Retroactive Date" of no later than the commencement of work and will
have an extended reporting period of four (4) years.
If any structure to be demolished or removed is located on or over water or the project will require the
use of watercraft, at the time the Task Order is awarded, the CONTRACTOR shall obtain insurance to
comply with the Jones Act and/or Longshoreman and Harbor Workers' Compensation Act with
limits sufficient to respond to the applicable state and/or Federal statutes. In addition, watercraft liability
insurance will be required. Jones Act/Longshoreman Insurance coverage with minimum limits not less
than those specified for Employer's Liability. This coverage is for contractors doing work located on or
over the water. Watercraft Liability Insurance with minimum limits of $500,000 Combined Single Limit.
Monroe County shall be named as an "Additional Insured" on all policies, except for Workers'
Compensation, Employers Liability, Jones Act/Longshoreman and Harbor Workers Compensation. The
State of Florida shall be furnished with a certificate of insurance, which shall provide that such insurance
shall not be changed or canceled, without ten days prior written notice to the State of Florida. Certificates
of Insurance shall be delivered to the State of Florida prior to the commencement of the agreement.
CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the
commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence
of the required insurance, shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR'S failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been reinstated or replaced.
Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S
failure to maintain the required insurance.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract
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or imposed by law.
The CONTRACTOR shall furnish a Performance and Payment Bond in a form acceptable to the
COUNTY as a guarantee for the faithful performance of the Contract (including guarantee and
maintenance provisions) and the payment of all obligations arising thereunder. The Performance and
Payment Bond shall be in an amount at least equal to the contract price or the individual Task Order.
This contract is subject to the provisions of Section 255.05, Florida Statutes, and 2 CFR 200.304 which
are incorporated by reference herein. If contract or Task Order amendments render the contract more
than ten (10%) percent higher than the bond amount, the CONTRACTOR shall increase the bond
amount to cover the entire difference.
ARTICLE IX_
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in
the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the CONTRACTOR.
9.3 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe County
and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
DEO directs that the CONTRACTOR or Sub-recipient/Monroe County shall not assign or transfer any
interest in this Agreement without the prior written consent of the Grantee/DEO thereto; provided,
however, that claims for money due or to become due to the contractors from the Grantee/DEO under
this contract may be assigned to a bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee/DEO.
9.4 NO THIRD -PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in
favor of, any third party.
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9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the
CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty
(30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY
retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for
cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at
the time and in the manner herein provided. In the event of such termination, prior to termination, the
COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-
721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any
time, upon one thirty (30) days' notice to CONTRACTOR. If the COUNTY terminates this agreement
with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under
this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract.
E. For Contracts of any amount, if the COUNTY determines that the CONTRACTOR has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized
Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the
option of (1) terminating the Agreement after it has given the CONTRACTOR written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the COUNTY determines that the CONTRACTOR submitted
a false certification under Section 287.135(5), Florida Statutes, or if the CONTRACTOR has been
placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in
Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given
the CONTRACTOR written notice and an opportunity to demonstrate the agency's determination of
false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining
the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
F. Termination
(a) The Federal award may be terminated in whole or in part as follows:
(1) By the Federal awarding agency or the State of Florida, if a CONTRACTOR or Sub -recipient
fails to comply with the terms and conditions of a Federal award;
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(2) By the Federal awarding agency or the State of Florida for cause;
(3) By the Federal awarding agency or the State of Florida with the consent of the
CONTRACTOR or Sub -recipient, in which case the two parties must agree upon the
termination conditions, including the effective date and, in the case of partial termination, the
portion to be terminated; or
(4) By the CONTRACTOR or Sub -recipient upon sending to the Federal awarding agency or
the State of Florida written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated. However, if
the Federal awarding agency or State of Florida determines in the case of partial termination
that the reduced or modified portion of the Federal award or sub -award will not accomplish the
purposes for which the Federal award was made, the Federal awarding agency or State of
Florida may terminate the Federal award in its entirety.
(b) When a Federal awarding agency terminates a Federal award prior to the end of the period of
performance due to the CONTRACTOR or Sub -recipient's material failure to comply with the Federal
award terms and conditions, the Federal awarding agency must report the termination to the OMB -
designated integrity and performance system accessible through System Award Management (SAM).
(1) The information required under paragraph (b) of this section is not to be reported to
designated integrity and performance system until the CONTRACTOR or Sub -recipient
either—
(i) Has exhausted its opportunities to object or challenge the decision, see §200.341
Opportunities to object, hearings and appeals; or
(ii) Has not, within 30 calendar days after being notified of the termination, informed the
Federal awarding agency that it intends to appeal the Federal awarding agency's
decision to terminate.
(2) If a Federal awarding agency, after entering information into the designated integrity and
performance system about a termination, subsequently:
(i) Learns that any of that information is erroneous, the Federal awarding agency must
correct the information in the system within three business days;
(ii) Obtains an update to that information that could be helpful to other Federal awarding
agencies, the Federal awarding agency is strongly encouraged to amend the information
in the system to incorporate the update in a timely way.
(3) Federal awarding agencies, shall not post any information that will be made publicly
available in the non-public segment of designated integrity and performance system that is
covered by a disclosure exemption under the Freedom of Information Act. If the
CONTRACTOR or Sub -recipient asserts within seven calendar days to the Federal awarding
agency who posted the information, that some of the information made publicly available is
covered by a disclosure exemption under the Freedom of Information Act, the Federal awarding
agency who posted the information must remove the posting within seven calendar days of
receiving the assertion. Prior to reposting the releasable information, the Federal agency must
resolve the issue in accordance with the agency's Freedom of Information Act procedures.
(c) When a Federal award is terminated or partially terminated, both the Federal awarding agency or
State of Florida and the CONTRACTOR or Sub -recipient remain responsible for compliance with the
requirements in 2 CFR 200.343 Closeout and 2 CFR 200.344 Post -closeout adjustments and
continuing responsibilities.
References: (2 CFR 200.339; 78 FR 78608, Dec. 26, 2013, as amended at 80 FR 43309, July 22,
2015)
9.6 CONTRACT DOCUMENTS
This contract consists of the Proposal Statement, any addenda, the Form of Agreement (Articles I -
IX), the CONTRACTOR's response to the RFP, the documents referred to in the Form of Agreement
as a part of this Agreement, and attachments A -Scope of Services and Pricing- Compensation and
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Rates, and modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR
will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto and may result in
debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no determination,
based on an audit, that it or any subcontractor has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing
an act defined as a "public entity crime" regardless of the amount of money involved or whether
CONUSULTANT has been placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor is formally charged
with an act defined as a "public entity crime" or has been placed on the convicted vendor list.
9.8 MAINTENANCE AND RETENTION OF RECORDS, ACCESS TO RECORDS AND RIGHT TO
AUDIT
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Records shall be retained for a period of seven years from the termination of this agreement
or for a period of Three (3) years from the submission of the final expenditure report as per 24 CFR
§570.502(a)(7)(ii) and 2 CFR 200.333, whichever is greater. (See below Record Retention
Requirements). Any audit working papers must be available upon request for a period of six (6) years
from the date DEO issues the final closeout of the Federally Funded CDBG-DR Voluntary Home
Buyout Program Subrecipient Agreement, unless it is extended by DEO. Each party to this Agreement
or its authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement and for
four years following the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of
the Florida Statutes, running from the date the monies were paid by the COUNTY.
Record Retention Requirements: In accordance with 2 CFR 200.333, the CONTRACTOR agrees
financial records, supporting documents, statistical records, and all other CONTRACTOR records
pertinent to a Federal award shall be retained for a period of three years from the date of submission
of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the
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date of the submission of the quarterly or annual financial report, respectively, as reported to the
Federal awarding agency or the State of Florida in the case of a sub -recipient. Federal awarding
agencies and the State of Florida may not impose any other record retention requirements upon
CONTRACTOR. The only exceptions are the following:
(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records
must be retained until all litigation, claims, or audit findings involving the records have been
resolved and final action taken.
(b) When the CONTRACTOR or Sub-recipient/County is notified in writing by the Federal
awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for
indirect costs, or State of Florida to extend the retention period.
(c) Records for real property and equipment acquired with Federal funds must be retained for
three years after final disposition.
(d) When records are transferred to or maintained by the Federal awarding agency or the State
of Florida, the 3-year retention requirement is not applicable to the CONTRACTOR or Sub -
recipient.
Access to Records: The CONTRACTOR agrees that the Federal awarding agency, Inspector
General, the Comptroller General of the United States, and the State of Florida, or any of their
authorized representatives, have the right of access to any documents, papers, or other records of
the CONTRACTOR or Sub-recipient/Monroe County which are pertinent to the Federal award, in
order to make audits, examinations, excerpts, and transcripts. The right also includes timely and
reasonable access to the CONTRACTOR or Sub -recipient's personnel for the purpose of interview
and discussion related to such documents in accordance with 2 CFR 200.336
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project, which
shall include but not be limited to accounting records (hard copy, as well as computer readable data
if it can be made available; subcontract files (including proposals of successful and unsuccessful
bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated settlements);
backcharge logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence deemed
necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter
referred to as "County Clerk") to substantiate charges related to this Agreement, and all other
agreements, sources of information and matters that may in County's or the County Clerk's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under
or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open
to inspection and subject to audit and/or reproduction by County's representative and/or agents or
the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to,
counting employees at the job site, witnessing the distribution of payroll, verifying payroll
computations, overhead computations, observing vendor and supplier payments, miscellaneous
allocations, special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and CONTRACTORs' representatives. All
records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and activities relating to
this Project. If any auditor employed by the Monroe County or County Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03, F.S., running from the date the monies were paid to CONTRACTOR. The right to audit
provisions survives the termination of expiration of this Agreement.
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9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely inthe State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 161h Judicial Circuit,
Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This
Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
9.10 UNCONTROLLABLE CIRCUMSTANCES
9.11 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
9.12 ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of the
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an
award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
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9.13 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and
assigns.
9.14 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
law.
9.15 CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement. Any additional conditions
imposed as a result of funding that effect the Project will be provided to each party.
9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS, DIRECTIVE BY DEO ON BREACHES
AND DISPUTE RESOLUTION
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. The
CONTRACTOR and COUNTY staff shall try to resolve the claim or dispute with meet and confer
sessions. Subject to the Directive by DEO on Breaches and Dispute Resolution below, if the issue or
issues are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement
is not subject to arbitration. Any claim or dispute that the parties cannot resolve shall be decided by
the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. This provision does not negate or
waive the provisions of paragraph 9.5 concerning termination or cancellation.
Directive by DEO on Breaches and Dispute Resolution
(a) Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the State
of Florida Department of Capital Planning and Resiliency's Administrator or designee. This
decision shall be final and conclusive unless within [ten (10)] calendar days from the date of
receipt of its copy, the CONTRACTOR or Sub -recipient mails or otherwise furnishes a written
appeal to Administrator or designee. In connection with any such appeal, the CONTRACTOR or
Sub-recipient/County shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of Administrator or designee shall be binding upon the
CONTRACTOR or Sub-recipient/County and the CONTRACTOR or Sub-recipient/County shall
abide by the decision.
(b) Performance During Dispute - Unless otherwise directed by to the State of Florida Department
of Capital Planning and Resiliency, CONTRACTOR or Sub-recipient/County shall continue
performance under this Contract while matters in dispute are being resolved.
(c) Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
(d) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the State of Florida Department of economic opportunity and
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the CONTRACTOR or Sub -recipient arising out of or relating to this agreement or its breach will
be decided by arbitration in the State of Florida Department of economic opportunity if the parties
mutually agree, or in a court of competent jurisdiction within the State in which the State of Florida
Department of economic opportunity is located.
(e) Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action orfailure
to act by the State of Florida Department of Capital Planning and Resiliency, Sub-
Recipient/County or CONTRACTOR shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
References: 49 CFR Part 18
9.17 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree
to participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services
under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
9.18 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; familial status or
age; 11) Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; 12) Section 109 of title
1 of the Housing and Community Development Act of 1974 (Title 1) (42 U.S.C. 5309); and 13) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,
or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal
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Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R.
Part 200, Appendix II, ¶ C, agrees as follows:
1) The CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
CONTRACTOR will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on
behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential
job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to
a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the CONTRACTOR's
legal duty to furnish information.
4) The CONTRACTOR will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible
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for further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event a
CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the administering agency the CONTRACTOR may request
the United States to enter into such litigation to protect the interests of the United States.
In accordance with the subrecipient Agreement with DEO the following equal employment
opportunity and civil right requirements apply:
a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
CONTRACTOR agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.
Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the future
affect construction activities undertaken in the course of the Project. The CONTRACTOR
agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex,
or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. In
addition, the CONTRACTOR agrees to comply with any implementing requirements HUD may
issue.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
CONTRACTOR agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the CONTRACTOR agrees to comply with any
implementing requirements HUD may issue.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement
the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the CONTRACTOR agrees
to comply with any implementing requirements HUD may issue.
(References: Executive Order 11246 September 24, 1965 as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations 41 CFR
chapter 60)
d) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
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Federal transit law at 49 U.S.C. § 5332, the CONTRACTOR or Sub -recipient agrees that it
will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the CONTRACTOR or Sub -recipient
agrees to comply with applicable Federal implementing regulations and other implementing
requirements HUD may issue.
e) The CONTRACTOR or Sub -recipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders referenced
in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
f) The CONTRACTOR or Sub -recipient agrees to comply with Title VI of the Civil Rights Act
of 1964 as amended, Title VI I I of the Civil Rights Act of 1968 as amended, Section 104(b) and
Section 109 of Title I of the Housing and Community Development Act of 1974 as amended,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
(References: 29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112,42 U.S.C.
§ 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.)
9.19 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
9.20 CODE OF ETHICS CONFLICT OF INTEREST
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
CONTRACTOR certifies that there is no present conflict of interest, and that CONTRACTOR has
no knowledge of any conflict of interest. CONTRACTOR are expected to safeguard their ability to
make objective, fair, and impartial decisions when performing work for the COUNTY, and therefore
may not accept benefits of any sort under circumstances in which it could be inferred by a
reasonable observer that the benefit was intended to influence a pending or future decision of
theirs, or to reward a past decision. CONTRACTOR performing work for the COUNTY should
avoid any conduct (whether in the context of business, financial, or social relationships) which
might undermine the public trust, whether or not that conduct is unethical or lends itself to the
appearance of ethical impropriety. CONTRACTOR agrees not to solicit or accept gratuities,
unwarranted privileges or exemptions, favors, or anything of value from any firm under
consideration for an agreement associated with the Project, and doing so may be contrary to
statutes, ordinances, and rules governing or applicable to the COUNTY or may otherwise be a
violation of the law.
Any person who is an employee, agent, consultant, officer, or elected official or appointed official
of the State of Florida, or of any of the State's subsidiaries, who exercises or have exercised any
functions or responsibilities with respect to CDBG activities assisted, or who are in a position to
participate in a decision making process or gain inside information with regard to such activities,
may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest
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in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with
respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom
they have business or immediatefamily ties, during their tenure or for one year after such decision
making responsibilities have ended.
(Reference: 2 CFR 200.112)
9.21 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
9.22 PUBLIC ACCESS REQUIREMENTS, COPYRIGHT, PATENT, AND TRADEMARK PROPERTY
AND INTELLECTUAL PROPERTY.
Public Records Compliance. CONTRACTOR must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The COUNTY and CONTRACTOR shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this
contract and related to contract performance. The COUNTY shall have the right to unilaterally
cancel this contract upon violation of this provision by the CONTRACTOR. Failure of the
CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this
contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is
required to:
(1) Keep and maintain public records that would be required by the COUNTY to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the COUNTY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the CONTRACTOR does not transfer
the records to the COUNTY.
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(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONTRACTOR or keep and maintain public records that would be required
by the County to perform the service. If the CONTRACTOR transfers all public records to
the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of
the contract, the CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County, upon request from
the County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly
to the County, but if the County does not possess the requested records, the County shall
immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide
the records to the County or allow the records to be inspected or copied within a reasonable
time.
If the CONTRACTOR does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by the
CONTRACTOR. A CONTRACTOR who fails to provide the public records to the County or
pursuant to a valid public records request within a reasonable time may be subject to penalties
under section 119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12"11 Street, SUITE 408, KEY WEST. FL 33040.
Copyright, Patent, Trademark Within 30 calendars days of execution of this Agreement, the
CONTRACTOR shall disclose all intellectual properties relating to performance of this Agreement
which he or she knows or should know could give rise to a patent or copyright. The CONTRACTOR
shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed.
Failure to disclose will indicate that no such property exists, and the County and DEO shall have
the right to all patents and copyrights which accrue during performance of the Agreement.
The State of Florida Department of economic opportunity reserves a royalty -free, nonexclusive,
and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
Federal Government purposes: The copyright in any work developed under the Contract, and to
any rights of copyright to which a Contractor, Sub -contractor or a Sub -recipient purchases
ownership with grant support.
(Reference: 24 CFR Subtitle A. 85.34 Copyrights)
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Intellectual property.
2 CFR §200.448-Intellectual property shall apply to this Agreement as set forth below:
(a) Patent costs.
(1) The following costs related to securing patents and copyrights are allowable:
(i) Costs of preparing disclosures, reports, and other documents required by the
Federal award, and of searching the art to the extent necessary to make such
disclosures;
(ii) Costs of preparing documents and any other patent costs in connection with the
filing and prosecution of a United States patent application where title or royalty -free
license is required by the Federal Government to be conveyed to the Federal
Government; and
(iii) General counseling services relating to patent and copyright matters, such as
advice on patent and copyright laws, regulations, clauses, and employee intellectual
property agreements (See also § 200.459 Professional service costs).
(2) The following costs related to securing patents and copyrights are unallowable:
(i) Costs of preparing disclosures, reports, and other documents, and of searching the
art to make disclosures not required by the Federal award;
(ii) Costs in connection with filing and prosecuting any foreign patent application, or
any United States patent application, where the Federal award does not require
conveying title or a royalty -free license to the Federal Government.
(b) Royalties and other costs for use of patents and copyrights.
(1) Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a
copyright, patent, or rights thereto, necessary for the proper performance of the Federal award
are allowable unless:
(i) The Federal Government already has a license or the right to free use of the patent
or copyright.
(ii) The patent or copyright has been adjudicated to be invalid, or has been
administratively determined to be invalid.
(iii) The patent or copyright is considered to be unenforceable.
(iv) The patent or copyright is expired.
(2) Special care should be exercised in determining reasonableness where the royalties may
have been arrived at as a result of less-than-arm's-length bargaining, such as:
(i) Royalties paid to persons, including corporations, affiliated with the non -Federal
entity.
(ii) Royalties paid to unaffiliated parties, including corporations, under an agreement
entered into in contemplation that a Federal award would be made.
(iii) Royalties paid under an agreement entered into after a Federal award is made to
a non -Federal entity.
(3) In any case involving a patent or copyright formerly owned by the non -Federal entity, the
amount of royalty allowed must not exceed the cost which would have been allowed had the
non -Federal entity retained title thereto.
9.23 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY be required to contain any provision for waiver.
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9.24 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents oremployees of the COUNTY, when
performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
9.26 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither
the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was increased due to
inaccurate, incomplete, or concurrent wage rates and otherfactual unit costs. All such adjustments
must be made within one year following the end of the Agreement.
9.28 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
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This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
9.30 COMPLIANCE WITH LAWS AND REMEDIES FOR NONCOMPLIANCE
The CONTRACTOR shall comply with and is bound by all applicable Local, State, and Federal
laws, rules and regulations. The following federal laws and regulations will apply to this
Agreement: 24 CFR 570, 2 CFR Part 200- Uniform Administrative Requirements, cost Principals
and Audit Requirements for Federal Awards (links Attached as Exhibit B, and Federal Register
Guidance (82 FR 5591 & 82 FR 36812 and 81 FR 83254) and 83 Federal Register (FR) 5844.
All funded activities under this agreement shall meet one of the three National Objectives listed
in 24 C.F.R. 570.483(b), (c), and (d)
The Community Development Block Grant — Disaster Recovery (CDBG-DR) allocation to the
State of Florida is governed by the following laws and regulations:
a. The Housing and Community Development Act of 1974;
b. Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U. S. C.5155), as amended;
c. Section 18 of the Small Business Act, as amended (14A U.S.C. 647) 44 CFR 206.191
Duplication of Benefit
d. Duplication of Benefits Federal Register, Vol. 76, No.221, November 16, 2011 (76 FR 71060)
Public Law 113-2:
e. Disaster Relief Appropriations Act, 2013 (at HR 152-34)
f. The HUD Federal Register Notice at 78 FR 14329 published March 5, 2013
g. HUD Federal Register Notice at 78 FR 23578 published April 19, 2013
h. HUD Federal Register Notice at 78 FR 76154 published December 16, 2013
i. The applicable laws of the State of Florida; and
j. By the laws and regulations promulgated by the State for the CDBG-DR program.
k. In addition to the citations noted, the CDBG-DR allocation is also subject to "cross -cutting"
Federal requirements referenced herein and contained in 2 CFR 200 Sub-p Federal Changes
FEDERAL CHANGES: CONTRACTOR shall at all times comply with all applicable Federal
regulations, policies, procedures and directives, including without limitation those listed directly or
by reference in this Contract between the State of Florida Department of economic opportunity
and the CONTRACTOR or Sub -recipient, as such Federal regulations, policies, procedures and
directives may be amended or promulgated from time to time during the term of this contract.
CONTRACTOR's failure to so comply shall constitute a material breach of this contract.
Reference: (49 CFR Part 18)
Remedies for Noncompliance
If a CONTRACTOR or sub-recipient/County fails to comply with Federal statutes, regulations or
the terms and conditions of a Federal award, the Federal awarding agency or the State of Florida
may impose additional conditions, as described in 2 CFR 200.207 Specific conditions. If the
Federal awarding agency or the State of Florida determines that noncompliance cannot be
remedied by imposing additional conditions, the Federal awarding agency or the State of Florida
may take one or more of the following actions, as appropriate in the circumstances:
(a) Temporarily withhold cash payments pending correction of the deficiency by the
CONTRACTOR or Sub-recipient/County or more severe enforcement action by the Federal
awarding agency or State of Florida.
(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of
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the cost of the activity or action not in compliance.
(c) Wholly or partly suspend or terminate the Federal award.
(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
Federal awarding agency regulations (or in the case of a State of Florida, recommend such a
proceeding be initiated by a Federal awarding agency).
(e) Withhold further Federal awards for the project or program.
(f) Take other remedies that may be legally available.
Reference: (2 CFR 200.338)
9.31 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth
in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended,
including but not limited to:
9.31.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1).
(3) Withholding for unpaid wages and liquidated damages. The U.S. Department of Housing and
Urban Development (HUD) or the Florida Department of Economic Opportunity (DEO) shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
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Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5
(b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4).
9.31.3 Ri hts to Inventions Made Under a Contract or A reement. If the Federal award meets the
definition_of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
9.31.4 Clean Air Act 42 U.S.C. 7401-7671 and the Federal Water Pollution Control Act 33 U.S.C.
1251-13871., CONTRACTOR agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA/Federal agency and the appropriate Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended —applies to Contracts and subgrants of amounts
in excess of $150,000. The CONTRACTOR agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA/Federal agency. The CONTRACTOR agrees to report each violation to the COUNTY and
understands and agrees that the COUNTY will, in turn, report each violation as required to assure
notification to FEMA/Federal Agency and the appropriate EPA Regional Office.
9.31.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a
"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,
p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 300 (non -procurement
Debarment and suspension)SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at
wwww samwgov CONTRACTOR is required to verify that none of the CONTRACTOR's principals
(defined at C.F.R. §180.935) or its affiliates (defined at C.F.R. §180.905) are excluded (defined
at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the CONTRACTOR must
comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the COUNTY. If it is later
determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
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may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
9.31.6 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the Recipient who in turn will forward the certification(s) to the awarding agency. If award
exceed $100,000, the attached certification must be signed and submitted by the CONTRACTOR
to the County. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the State of Florida Department of Capital Planning and Resiliency.
References: (31 U.S.C. 1352 as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65;
49 CFR Part 19, 49 CFR Part 20)
9.31.7 Compliance with Procurement of recovered materials as set forth in 2 CFR §_ 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by
the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.. In the performance of this
Agreement, the CONTRACTOR shall make maximum use of products containing recovered
materials that are EPA -designated items unless the product cannot be acquired-
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-
guideline-cpg-program.
The CONTRACTOR also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
9.31.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth
in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not
obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to
procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
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Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
9.31.9 Domestic preference for procurements as set forth in 2 CFR _§200.322 The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of
this section must be included in all subawards including contracts and purchase orders for work or
products under federal award. For purposes of this section: (1) "Produced in the United States"
means, for iron and steel products, that all manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the United States. (2) "Manufactured products"
means items and construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer -based productssuch as polyvinyl chloridepipe; aggregates such as
concrete; glass, including optical fiber; and lumber.
Other Federal Requirements:
9.31.10 Compliance with Section 3 of the Housing and Urban Development Act of 1968 The work to be
performed underthis contract is subjectto the requirements of Section 3 of the Housing and Urban
Development Act of 1968, but not in derogation of compliance with Section 7(b). (The
CONTRACTOR should review the DEO Subrecipient Agreement for further guidance and
required forms.)
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u(section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects covered
by section 3, shall, to the greatest extent feasible, be directed to low- and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
C. CONTRACTOR agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers' representative
of the contractor's commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the
name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. CONTRACTOR agrees to include this section 3 clause in every subcontract subject
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to compliance with regulations in 24 CFR 700 § 135.40 24 CFR Subtitle B, Ch. 1 (4-1-
03 Edition) part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. CONTRACTOR will
not subcontract with any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. CONTRACTOR will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian -owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible,
but not in derogation of compliance with section 7(b).
9.31.11 Americans with Disabilities Act of 1990, as amended (ADA) The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
9.31.12 Disadvanta ed Business Enterprise DBE Policy and Obligation It is the policy of the COUNTY
that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate
in the performance of contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and regulations apply to
this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321
(as set forth in detail below), applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S
BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods
or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when econog2jq feasible into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
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enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps
listed in paragraph (1) through (5) of this section.
9.31.13 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the CONTRACTOR during the term
of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
9.31.14 Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L.
94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy
efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto.
9.31.15 Access to Records: CONTRACTOR and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the U.S.
Department of Housing and Urban Development (HUD) and the State of Florida, Department of
Economic Opportunity (DEO) access to records, accounts, documents, information, facilities, and
staff. Contractors must (1) cooperate with any compliance review or complaint investigation
conducted by HUD or DEO (2) give HUD or DEO access to and the right to examine and copy
records, accounts, and other documents and sources of information related to the grant and
permit access to facilities, personnel, and other individuals and information as may be necessary,
as required by HUD and DEO regulations and other applicable laws or program guidance; and
(3) submit timely, complete, and accurate reports to the appropriate HUD and DEO officials and
maintain appropriate backup documentation to support the reports.
9.31.16 Logo and Flags: CONTRACTOR shall not use the Department of Housing and Urban
Development (HUD) seal(s), logos, crests, or reproduction of flags or likeness of HUD agency
officials without specific approval.
9.31.17 Changes to Contract: The CONTRACTOR understands and agrees that any cost resulting from
a change or modification, change order, or constructive change of the agreement must be within
the scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change order
or constructive change must be approved in writing by both the COUNTY and CONTRACTOR.
9.32 DEO requirements
9.32.1 If any portion of this Agreement is funded by the Florida Department of Economic Opportunity,
The CONTRACTOR will be bound by the terms and conditions of the Federally -Funded
Community Development Subaward and Grant Agreement between COUNTY and the Florida
Department of Economic Opportunity (DEO) (Attached Hereto as Exhibit A.
9.32.2 The CONTRACTOR shall hold DEO and COUNTY harmless against all claims of whatever nature
arising out of the CONTRACTOR's performance of work under this Agreement, to the extent
allowed and required by law.
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9.32.3 Religious Activities: The CONTRACTOR or Sub -recipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000),
such as worship, religious instruction, or proselytization.
Applicable to Professional Services Contracts
1. Inspection of Records
All Contractor records with respect to any matters covered by this agreement shall be made available to the
Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the contractors within 30 days after receipt by the contractors. Failure of the Contractor to comply
with the above inspection requirements will constitute a violation of this contract and may result in Remedies
for Non -Compliance or Termination as provided for in the Contract.
2. Section 3
The State of Florida requires the CONTRACTOR and all applicable sub -contractors to follow the State's
Section 3 requirements as defined by the State's Section 3 Plan.
3. Minority Owned, Woman Owned or Section 3 Business Utilization
The State of Florida requires the CONTRACTOR meet or exceeds the Contractors stated proportional use
of Minority Owned, Woman Owned or Section 3 Business that the CONTRACTOR stated in responding to
the Request for Proposals or Request for Qualification. The CONTRACTOR understands and agrees that
failure to meet this requirement may result in termination or such other sanctions as may be solely determined
by the State.
Applicable to Construction Contracts
4. Bonds
No surety will be accepted if the Bidder is now in default or delinquent on any bond or has an interest in
any litigation against the State of Florida or County. All bonds shall be executed by surety companies
licensed to do business in the State of Florida. Each bond shall be executed by the CONTRACTOR and
the Surety.
Performance and Payment Bond:
A good and sufficient Performance and Payment Bond shall be required in an amount equal to one
hundred (100) percent of the total contract amount or individual Task Order guaranteeing execution and
completion of the work in accordance with the specifications.
5. Contract Work Hours and Safety Standards Act
The CONTRACTOR agrees to comply with section 107 of the Contract Work Hours and Safety Standards
Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction
" 29 C.F.R. Part 1926. Among other things, the CONTRACTOR agrees that it will not require any laborer or
mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
Subcontracts - The CONTRACTOR also agrees to include the requirements of this section in each
subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to
perform any part of the labor or material requirements of a contract for construction, alteration or repair. A
person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will
be considered a "subcontractor" under this section if the work in question involves the performance of
construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer
for the specific project on a customized basis. Thus, a supplier of materials, which will become an integral
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part of the construction, is a "subcontractor" if the supplier fabricates or assembles the goods or materials in
question specifically for the construction project and the work involved may be said to be construction activity.
If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier
is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the
purchase of supplies or materials or articles normally available on the open market.
6. National Environmental Policy Act (NEPA)
The CONTRACTOR agrees to follow the requirements of 24 CFR Part 58 (NEPA), as applicable
7. Clean Air
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The CONTRACTOR agrees to report each
violation to the COUNTY and understands and agrees that the COUTY will, in turn, report each violation as
required to assure notification and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal Assurances provided by HUD.
References: 42 U.S.C. 7401 et seq., 40 CFR 15.61, 49 CFR Part 18
8. Clean Water
CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report
each violation to the State of Florida Department of Economic Opportunity and understands and agrees that
the COUNTY will, in turn, report each violation as required to assure notifications the appropriate EPA
Regional Office.
CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with HUD.
References: 33 U.S.C. 1251
9. Energy Conservation
CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency, which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
Reference (42 U.S.C. 6321 et. Seq., 49 CFR Part 18)
10. Recycled Products
CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation
and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory
provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 CFR Part 247.
References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000)
11. Federal Register
i. Public Law
ii. Federal register notices (list that apply to FL)
(1) TERMINATION AND DEBARMENT
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
31 U.S.C. 3801 et seq., 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307
The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
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amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract for which this contract work is being
performed. In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges
that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate.
The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal Assurances originally awarded by HUD, the
Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on
the CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal Assurances provided by HUD. It is further agreed that the clauses shall not be modified,
except to identify the subcontractor who will be subject to the provisions.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
49 CFR Part 29, Executive Order 12549 (over $25,000)
Instructions for Certification
By Signing and submitting this bid, the prospective lower tier participant is providing the singed certification
set out below:
The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
State of Florida Department of economic opportunity may pursue available remedies, including suspension
and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the State of Florida
Department of economic opportunity if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "persons," "lower tier covered transaction," "principal," "Contractor," and "voluntarily excluded,"
as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549 [49 CFR Part 29]. You may contact the State of Florida Department of
Economic Opportunity for Assurances in obtaining a copy of those regulations.
The prospective lower tier participant agrees by submitting this bid that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized in writing by the State of of Florida Department of Capital Planning and
Resiliency.
The prospective lower tier participant further agrees by submitting this bid that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
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A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Non -procurement List issued by U.S. General Service Administration.
Nothing contained in the foregoing shall be construed to require establishment of system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to
the Federal Government, the State of Florida Department of economic opportunity may pursue available
remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction"
The prospective lower tier participant certifies, by submission of this bid, that neither it nor its "principals" [as
defined at 49 C.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
When the prospective lower tier participant is unable to certify to the statements in this certification, such
prospective participant shall attach an explanation to this bid.
(2) Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and
24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, CONTRACTOR shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein
defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected
or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled
to enforce such covenants. The CONTRACTORs, in undertaking its obligation to carry out the program
assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
(3) Section 504
CONTRACTOR agrees to comply with all Federal regulations issued pursuant to compliance with Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals
with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the contractors
with any guidelines necessary for compliance with that portion of the regulations in force during the term of
this Agreement.
(4) The CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or
in part with Federal Assurances provided by HUD, modified only if necessary to identify the affected parties.
AFFIRMATIVE ACTION
Approved Plan
CONTRACTOR agrees that it shall be committed to carry out pursuant to the Grantee's specifications an
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Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246
of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the contractors to assist
in the formulation of such program.
Women and Minority Owned Businesses
The CONTRACTORs will use its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria
set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's
business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. The CONTRACTORs may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
C. Notifications
The CONTRACTORs will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or worker's representative of the contractors commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
D. Subcontract Provisions
The CONTRACTORs will include the provisions of Paragraphs regarding Civil Rights, Affirmative Action, and
the provisions as set forth below in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its own contractors or subcontractors.
COPELAND "ANTI -KICKBACK"
40 U.S.C. § 276c (1999), 29 C.F.R. § 3 (1999), 29 C.F.R. § 5 (1999)
The CONTRACTOR shall comply with the requirements of 29 CFR part 3, which are incorporated by
reference in this contract, specifically Davis Bacon Act.
CONTRACT WORK HOURS AND SAFETY STANDARDS
40 U.S.C. §§ 327 -333 (1999), 29 C.F.R. § 5 (1999), 29 C.F.R. § 1926 (1998)
Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $10 for each calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
Withholding for unpaid wages and liquidated damages - the Stat
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performed by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in this section.
Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the
contractor during the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the
Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
10. Entire Agreement
This Agreement constitutes the entire Agreement between the COUNTY and CONTRACTOR for the
services contemplated herein. Any amendments or revisions to this Agreement must be in writing and be
executed in the manner required by this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized
representative on the day and year first above written.
(SEAL)
Attest: KEVIN MADOK, Clerk
By:
As Deputy Clerk
Date.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By._
Mayor
Packet Pg. 1296
F.3.d
CONTR CTOR: CHARLEY TOPPINO & SONS, INC
y: ._
Title.. .
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of X physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/Sh.Qj5,ge=na1[ykoaWn to me or has produced
(type of identification) as identification
NOTARY PUETLIC
My Commission Expires:
END OF AGREEMENT
r Notary Public State C' Fbride
Michael P t.abrada
My Commission HH 138227
a
Expires 06J19/2025
Packet Pg. 1297
F.3.d
ATTACHMENT A
SCOPE OF WORK AND PRICING
Demolition, Removal and Disposal Services The project consists of Demolition, Removal and Disposal
services for homes and associated residential structures purchased by the County under the Voluntary Home
Buyout Program (VHBP). The services shall be accomplished in a manner consistent with all County, State
and Federal laws, codes, regulations and environmental standards. These parcels may contain intact
residences, partial or damaged residences to be demolished which may be located anywhere in the
unincorporated portions of the County within the Florida Keys. The demolition must include the proper
disconnection and abandonment of all utilities and the proper remediation/abatement and disposal of
hazardous materials, including asbestos and Household Hazardous Waste.
The successful respondent shall provide all equipment, personnel licenses and permits to demolish, remove
and dispose of structure materials, which may include hazardous materials, in a safe, efficient and professional
manner. The project will be made up of individual addresses/residential parcels where demolition, removal and
disposal are needed. The successful respondent will be required to manage the project from beginning to end,
including the permitting, scheduling, labor, monitoring, provisions of necessary equipment and progress
reporting to the County designee. The selected contractor is responsible for evaluating the demolition, removal
and disposal cost based upon the site visit and responding in writing with a quotation for the job, a description
of the job, the time the contractor can begin the job and the time necessary to complete the job. The project
approach shall include a projected timeline for project implementation and key milestones.
Task Orders will be issued containing a specific address or group of addresses, a description of the services
to be performed at each address, the time period within which services must be performed ("Completion Date")
and the estimated cost based upon the agreed upon rates for the services to be performed under this contract.
The COUNTY will provide asbestos testing results and any conditions required by Florida Division of Historical
Resources and/or the Monroe County Historic Preservation Commission with the Task Order. Within ten (10)
days of receipt of a fully executed Task Order, the CONTRACTOR must complete a site inspection and provide
a written response to the COUNTY including a quote for the cost of the job in accordance with the pricing and
rates set forth in this agreement, and a schedule to begin and complete the job. The CONTRACTOR's written
response shall be incorporated into a written Notice to Proceed issued by the COUNTY. The CONTRACTOR
shall commence work on the services provided for in this Agreement promptly upon receipt of a written Notice
to Proceed from the COUNTY. The Notice to Proceed will be issued in accordance with the Task Order. At no
time shall the CONTRACTOR commence work without written authority from the COUNTY. Vendors should
expect that services must be completed no later than 45 calendar days of issuance of the County's Notice to
Proceed to conduct services on a given property.
The following conditions apply to this contract:
Contractors are required to have active licenses and insurance required to fulfill the requirements of
each particular job and are required to include in the qualification package copies of any and all
licenses and insurance. The County reserves the right to disqualify prospective bidders who have
violations or who violate local, state or federal laws or regulations related to the construction industry,
insurance, and/or handling of hazardous materials. Contractors holding the necessary license shall
be responsible for the job site at all times during the work.
• The CONTRACTOR shall be responsible for the complete permit process and be responsible for all
costs associated with the permit process which shall include federal, state, and local requirements.
• All work shall conform to and be operated in conformance with OSHA safety requirements.
• The scope of work may include disposal of hazardous materials, including asbestos and Household
A-1
Packet Pg. 1298
F.3.d
Hazardous Waste. The CONTRACTOR will provide all necessary labor and equipment to complete
the job including, vehicles, and personal protective equipment for proper handling of hazardous
materials and will strictly adhere to all precautionary, and safety requirements. Contractors may need
environmental hazard sub -contractors to identify hazardous materials, and conduct complete
asbestos abatement, provide proper asbestos clearance (including air or visual clearance) and
disposal of any hazardous materials. This shall include, but is not limited to EPA or State notifications,
employee certifications, state licenses, and waste disposal notification/disposal logs. The
CONTRACTOR must notify the COUNTY immediately of any situation which may cause a health or
safety risk to the public.
• The CONTRACTOR will be responsible for assuming lead -based paint on the property and using
lead -based paint safe practices during demolition.
• The CONTRACTOR shall remove all HVAC units following EPA guidelines for the proper disposal
of refrigerants.
• The CONTRACTOR must provide receipts/records verifying acceptance of hazardous materials by a
facility licensed to accept hazardous materials. These records must be attached to the invoice
submitted to the COUNTY.
• To verify proper disposal of demolition debris, the CONTRACTOR will provide the COUNTY with
disposal receipts with invoices.
• Contractors may need sub -contractors to ensure compliance with conditions imposed by the Florida
Division of Historical Resources and/or the Monroe County Historic Preservation Commission.
• The CONTRACTOR shall take photographs of all sides of structure(s) prior to any work on the site or
demolition. Photographs should be properly dated and include the name of the person taking the
photographs. A complete set of before and after photographs shall be provided to the COUNTY.
Photographs are considered to be an integral part of the work.
• Any existing or abandoned utilities (electric, gas, wells, water and sewer) on the site shall be
disconnected and removed and/or capped to the limits of the site or at least two feet below finished
grade of the site. Septic tanks need to be abandoned per Florida Department of Health regulations.
Other tanks and utility meters shall be removed. Service lines shall be fully removed to the extent
possible. All wells should be grouted and deemed unusable.
• The CONTRACTOR shall implement pre -demolition and post -demolition erosion control and storm
water control measures.
• The CONTRACTOR shall implement dust and noise control measures as appropriate.
• The CONTRACTOR must conduct demolition and removal operations to ensure minimum
interference with roads, streets and other adjacent facilities.
• The CONTRACTOR shall maintain safe conditions at all times. Should the COUNTY consider the
operations unsafe, the operations shall be suspended until the CONTRACTOR has corrected all
unsafe conditions to the satisfaction of the COUNTY.
• The use of burning or explosives at the project site for the disposal of refuse and debris is not
permitted.
• All debris and non-greenspace material is required to be removed from the property, unless stated
otherwise by the COUNTY, during demolition. This includes items such as mailboxes, marked fencing,
concrete; bricks and trash.
• The finished grade must be consistent with the grading of the surrounding properties, avoiding any
A-2
Packet Pg. 1299
F.3.d
deviation greater than plus or minus two inches of adjacent grade.. Below -grade areas and voids
resulting from demolition of the structure shall be filled with selected back -fill and restored to grade
level. The site shall have a level appearance at the conclusion of the work. Final site stabilization shall
include the installation of Bahia sod, limited to the area of disturbance subject to the demolition. The
entire site shall be left in a neat and presentable condition as determined by the COUNTY at the
conclusion of work.
The COUNTY will re -inspect site within 21 days of completion to verify the soils have not sunken. The
CONTRACTOR shall be required to place additional fill and sod in any voids as required by the
COUNTY. The CONTRACTOR warranties all work for a period of one year.
• If a tree or other large mature landscape materials must be removed in order for the CONTRACTOR
to proceed or complete the demolition process, the tree removal must be included in the written
estimate/quote by the CONTRACTOR. Any required tree removal must be included in the issued
permit(s) for demolition. Existing trees and vegetation located outside of 5 feet from the any structures
to be demolitions shall remain in place and be protected during the demolition.
The CONTRACTOR shall document its progress in performing its work under this Agreement and report its
progress to the County twice per month or upon request in the format requested by the County . The monthly
reports will include current status of each demolition and the expenditure of funds to date. The CONTRACTOR
will also provide information as requested by the County for compliance of Section 3 of the Housing and Urban
Development Act of 1668, and required annual completion of the Section 3 Summary Report (HUD-60002).
The COUNTY will report the CONTRACTOR's progress to DEO in accordance with the Federally -Funded
CDBG-DR Voluntary Home Buyout Program Subrecipient Agreement.
These services will be funded under the Federally -Funded Subrecipient Agreement between the County and
the Florida Department of Economic Opportunity (DEO), and attached hereto as Exhibit A. The selected
CONTRACTOR is bound by the terms and conditions of the County's Subrecipient Agreement with DEO.
The CONTRACTOR is required to be familiar with and shall be responsible for complying with all federal, state,
and local laws, ordinances, rules, and regulations that in any manner affect the work.
Pricing
The compensation available to the CONTRACTOR under this Agreement is to be determined by the COUNTY
based on quotations received from the CONTRACTOR, and the necessities of each individual job.
CONTRACTOR provided the billing rates in the table below which shall be used for the basis of each
note fora Particular Lob, and included by the COUNTY in a written Notice to Proceed prior to the
authorization to commence the work.
A-3
Packet Pg. 1300
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qN
CATEGORY
bEgdkiffibN OF WORK
UNIT OF MEASURE
UNIT PRICE
Demolition, Removal and Disposal of
Structure Square Foot
Demolition _ to.include
a Manufactured or Mobile Home
$16.00
permitting, demolition,
Demolition, Removal and Disposal of
Structure Square Foot
removal and disposal of
a CBS home
$15�50
all residential structures
and associated
--------------- ------
Demolition, Removal and Disposal of
-- — ----- - ---------------------- -
Structure Square Foot
$15.90
accessory structures
a Framehome
(fences, mailboxes,
Remediation, --Abatem"ent-, and
Square Foot of Area
driveways, marginal
Clearance of asbestos
Requiring Treatment
$9.00
docks, pools, tikis,
............
slabs, debris, etc) and
Remediation, Removal and Disposal
N/A
HHW Included,
disconnection and/or
of all hazardous materials including
other material
abandonment of all
Household Hazardous Waste (HHW)
to be quoted
utilities
Demolition, Removal, Disposaland/or
Per septic system
$3,000.00
Abandonment of Septic Systems
....................................................................................................................................................................
Demolition of piling
.............................................................................................................................................................................................................
Demolition, Removal, Disposal of in -
. . .. ......................................................................................................
supported in -water
water structures (if not included in the
Structure Square Foot
$50.00
structures
Demolition rates above)
Grading (if not included in Demolition
Square Foot of area
--- — -------
of
rates above)
disturbance subject
to Included
demolition activities
--------------------------------------
Backfill (if needed and if not included
Site Stabilization
in Demolition rates above)
Ton
$80.00
Bahia Sod
Square Yard
$15.00
Electric
Each
$1,000.00
Utility disconnection
and/or abandonment (if
Propane
Each
$1,000,00
no structures requiring
Wells
Each
$3,000.00
demolitionare on the
. . ....................................... . ..... . .. . . . .. ...................... . . .
Water
. . . ........................................ ........ .........
Each
........
$1,000,00
property)
Sewer
Each
$1,000.00
Vegetation/Tree removal (if required
Additional Costs
to complete the demolition and
Cubic Yard
$105.00
included in a permit)
Other Costs (please
................. .. ......
indicate any other
anticipated costs)
I . ....................... .... .. .............
--------- . .............. . . .
Packet Pg. 1301
F.3.d
EXHIBIT A
DEO SUBRECIPIENT AGREEMENT WITH MONROE COUNTY
[This page intentionally left blank, with agreement to follow.]
57
Packet Pg. 1302
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Kevin Madok, cpA
5 FI
foJ
Y" Monroe County, Florida
Clerk of the Circuit Court & Comptroller
DATE: June 3, 2020
TO: Helene Wetherington, Director
Local Disaster Recovery Department
7
-C.
FROM:
Pwnela Hancock�
SUBJECT: May 201h BOCC Meeting
Attached is a copy of Resolution No. 150-2020 accepfing the Conix-minity Development
Block Grant - Disaster Recovery (CDBG-DR) fiinds. in the amount of $15 million for non -
matching grant fiinds from the Florida Deparlment of Economic Oppinity (DEO) for
imalementation. of the Volun�tW Home Bugnd 1"iro -4VI t Q L; I I 1 01 1; 1 q;u W4A kfim&m��
sip the sub -recipient agmement.
=IF073 I) WAAM IM715 ITA s
K 1. V WEST
Cl Whitehead Street
Kry West Horida 33040
3C5-294-Ml
PLANTA11ON KEY
88820 Overseas Highway
r1i
50 High Point Road
Plantaft Ke% Rodde 33070
5® Packet Pg. 1303
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
F.3.d
1
r
WMREAS, the Department of Housing and Urban De
velopment ,
administers the r �, wi program , r .
lines for application 4
WBEREAS, the aggregate use of CDBG-DR funds shall principally benefit low
i,moderateome persons 70 percent ofthegrant
t
WHEREAS,pursuant to the HUD guidelinesFlorida Department
of
Economic Opportunity C'DEO") submitted a state action plan setting forth the states
proposeddisaster -
WHEREAS, Monroe County conducted a countywide survey of impacted
residents, 7 outreach consisting of direct „ i; X,interested
individuals,outreach
homeowners interested in the program; and
WHEREAS, Monroe County applied to DEO for CDBG-DR funds to implement
VoluntaryHome SFrProgramwould purchaseq 4
y Hurricane
Irma at pre Hurricane Irma fair market value,demolish4 maintain the
property greenspace or allowlots in compliance with;
regulations; and
1,
Packet Pg. 1304
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
L0jCj'U1] 0 1 $1 Z1 1.; ,
L The County Administrator is directed to sign the CDBG-DR Voluntary Homs
Buyout Program Sub -recipient agreement with DEO accepting $15 Million in
non -match grant fimds.
2. Monroe County staff are directed to implement the Voluntary Home Buyout Program
in compliance with all requirements imposed by Federal statues, regulations and the
terms and conditions of DEO's Federal Award.
upwvrg ju P ro F71"I il flW441 1 M a
Mayor Heather Carruthers
...........
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates
1�1'2 ......
Commissioner David Rice
VIlk 5. ........
"'Jt6
Commissioner Sylvia Murphy
(Sr itI
BOARD OF COUNTY COMMISSIONERS
.,J1',,,V1N ADOK, CLERK
OF-MONIROECOS. ! �TY, FLORIDA
BY:
BY:
As Deputy Clerk ayor ....... ......
law
C
I Packet Pg. 1305 1
113001410111 I"I1-1JIV&o0e I AC23411! I ��)l %IP"IAM 1111112 1
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D.190 Agreemmt No.- 10092.
E
State of Florl'.1da
0 Diepartment of E'con10M-i,C OPPOttUnlity
FedieraUy Funded,
Clonununity Develo ic!:!�. it Black Grguit
Pm 't
D Isas-ter Reicovielt'Y (CD.BG-']111")R)' Voluntaryllome Bi,.�:Lyloil'ut'.I?rlogr�af,,n,
I'll", Ism
TIES AGRI I!S, :LN 1,11's entered i I ato'�Dy d��iie State of [1102111da, I )epartment of qXrxxxxtic Opportunity:,,
(hereinafter relirred uj: as 1111)EO") and NIonrole CoLinty, Boatd of County Com=ssorners:, hereinafter refetred
to as the Subrecipimt" (each itulividually a WrIatty" and collecdvdy "die pard,es:",)
1,0wNG,]MI'E�, c iNTMIOII.
WHEREASpursuant to: Pul)lic Law (P.L) 114-254, the `Ttwther Confinuing and Secuj�ty,�%ssistmcc
AppropriationsAcl, 20117" �and RII,, 1,15 31, flw "Consohdated Appropriatioxis Act� 201 7, (der6�mftcr jointty
referred to as die "A, prorniation.Acts:' umd die "Allocations
1) , Comrtion APPlication, Waivm, arid �Uternadvc
Rcqa.iiremmita for Commurdty Development 'Block G=t '11saster Recovery DE,Os", 81 Fed, Reg, 2,24,
roveml7jer 21, 2016); 8:2 Fed,, R,eg. I I (j, guery 11f, 2011,71); mid 82 Fed R,cg,, 150 (Aupst 7, 2011 "7) (heteinafter
coflecuvely rcktred to as dm "'Federal giter Gwdance:'jthe "U.S. Departmet f Housl Ixig and Urban
vekipinherenftereferred to �a,sIlITID"I has amraxded loratnuirity Development Block Gimit
Disaster Recovety (CDBG DR) funds to 11I)E0 for activides audj(!)3dzr1d under Ildie I of the Housing and
Commuttity Dc%,edoprnent Act of'19 74 (42 1.7nited States Cic)de (U,,S,,C,) 5,301 eVsq) �and deactiEtied in the �State
I � 1,1� 13
of Flo�ddg Action Plan for [)isaster Recovery lxrejnaftcrref�tred to as die "Z�cdon pIkit"). ]XIE 0 is ermafter
referred tam from time to tinne as "Grantee".
WHEREAS, C��DBG DR. flinds Maide: avaiJable fisr use by die Sulbrecipicat tinder this ��greemenk
(XII12"Stiftite a sultmywid of d�ic D;,EO:::'s Federal, aviard, the use of which must be in accorrigince Nwith reqtdrervlents
inqXned I�y Federd statute
a, mpLadotis and dle terins aml conditions of DEOVFeideral awii,uld,
WII EREASd�ie Subrectpient bas leggatithority to enter irmto t1:'lis Agimement and, Ity signing this
Agreement the Sul3recip "tent represents ammo. watxmats to: Dil!,�70 d!1lat itwill Comply I'm thill ti a of
I ae teqlairemen't
the subaward descrilied licrein.
Mji e J� Gr D . fi2nds shall ptinc4)ally benefit lcm mid moderate,
th amegate ine of CD K� R
income Persons in a manner dapit ensures at least 70: percent of flit; griRilt amojnt IRa m fed umler dids
Agreement is eiqiiended for activities that Imnefit such [)ersons.
1il"XE0 and the Sutwecipient agme to the i I bilowing.
NOW "' 11 1 11!1""E,,'I::t,,
(1) ScoPle of NVoek. "11he Scope of Work ibr this Agreernent inch�des Attachment A:, Scope of Wcid�!� �Xqdj,
respect to Aumdamexit B, Project ';�Iudget IIII)etaiL arKdAttacitment CM:tivity Work Plan, the SuIbreopimnt sli2ll
sutmnit to D'EO: such Attachmelits in conkirinq IAth tl!!t, ct=ent examples attacluied hereto as necessary, and
q�proptiate Provided futolmr, ifffiete is a, disagrecinent t!i,etmccn the Parties, %xiffirespect to the f=natting and
contents oi�, such att�ach,ments, then DEO's dedsions m6dii; respect to amt!r1'e shad 1!�,revrail, at I)EG's sole and
almolute discretion,
I Packet Pg. 1306 1
DectAon Einvntnns M I- ACOMI 11 A bq 1111; 1 A mmlkAAX ir-CrAIMMAMM 1 11!!A
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Ageernent No. - 10092
Incorpairation of Lzwal, Ruleis,'Regutatiotss anid Pailicies. Ile Subirecipient agrees to abide by all
applicalAe State and Federal, laors,tiflillis and regtilations, including hilut notneciesisaritV limited to. the dera 5 Fe
I ANars sild tegulations set forth at,24 CFR 570 and the State's Action Plaiii,
(3) Period of Agreement. 1, bisAgreettlent 1!�egms upon execution by both Perties (effective &* iand ends,
24 motiffis aftet execution liyE'01imlessil Od�ierwise tertningted as provided in d,Js Ngteennient. DEO shall
notgrant any extension of thle Agricement unless die Sulzecipient provides justificatiolia sa,odlsfiactory
its sole discretion, and ffie I'Nrectot� of1DE011 s Office of'[Xsaster Recovery, approves sucli extension,,
(4)1 Maidifiristorin of Agreement. NIodifications to tea Agreemerit shall be valid only when execrated in
x,tildng by dre Pariies. Any raocifficadon request by die Sulnecipient constitutes a request to riegodAte the terms
offlAgreement. D �'E,O may accept orreject any pr(:jp osed, rnoldificatian based on ' DEO's sale detertnination
all'ild q��nmlute disCreti=:, tIlAt any SUCh RcCeptwice or rejection is in t1le State:`is best interest.
(5) Records.
s,xd!Dre,4)ienes perfoticrance tinder d!iis Agreement I lic suliject to 2 CER. part,200
Unifbirnt-Aidminisurittive Requirements, Colst Principles and Audit 11equirem eats for Federa, I-Awlards,
0)) RTtesentadvvs of D,EO,, ti�ie(ll!!iiie��''Fij-,iaiicial0i��M=Oftbic, State of Hotida, the Auditor General
of d'!ie State, of 11 Florida, the Florida Office of'Program J�Icihq, Analysisarid, Government Account4)ility
923d, represeittatt I ves oftlie Fiederal gVmerrcment and dicir dully audiotized representatives shall have access'
to Itly Of dle SuIxtecipient I's Irooks, docurricntspa en Ind records, including electronic stiorage rnedia, as
IR p
dicy m,a,y rc]Rte to this Agreement, for the ut, oses cli�f conducting audirs cir examinations or raii ldt!iig
P P L
excerpts cir traniscriptions.
(c) ne
allarecijsieut shall rniaintail"I liodks:, reciards !and documents in accord,=ce widl genera4
IdIcClEpted accounting ProccidUres and practices which si,iffidimfly ad propet�y reflect all expenditt,ires of
ffiri pbovided I)y A`7�10 tmder titis Agreernent.
(d) ,'be Subired, lientuaillarovide to CEO, a necessIaryand appropriiate Biranckd and colmpliance
,P
aUdits in accordance widl Paragra, h (6)dtled "'Audit Requirements" u!td,Atiizchncentsj and KIlerein and, ,P
ensure diataD, related piuty tratmactions are disclosed to the auditor.
ble SW)redpient fl!1110 retson suffident mcords to 119licnx, its compliance widt tile tennis oftlU!iiis
Agreement and die com,, fiance of all subrecipients,, contilactors, sul)contraictorsand co n,.I to
P tzn paid from
Junds under this Agreement 1br a 1,),erioid, of'six 4(6) years formdate DEO issues the closeout fbr
this mmtd,, The Sulnecipient slia'll also comply w1fl, the pro%,isjoirs o,f Z4 CFR,, 5 ?U50,2W(,7)P,, "I'lie
I.
Sularemplient sliall ffitdiei ensure diat audit working papers axe availalAe u, onrequest frilra pcnod of wx
(6) Vears from Ll°he date UEO issues t1le finad closeout ofdiis Agreenstrat P unless extended in m7eiting by
]DE01 Clic six yinal, pericid may be extended for the Ecillovirxg reasons:
J. ladption, dairn ot, audit initiated before tbe sIx Year per!iod expires or extends beyond t1te
six -year' Pleriod, inwhicli case thie records shall, I)e retained iirrtil all litigation, claamis or audit findings
involving the records hi:ave been resol:v ed.
IlLelcordis for d�it disposition of non expendaEile perscitial property'valued at $1,000 or more
at the time of acquisition sball be retainied for six (�) yeu�s after Einial disposition
3. Itecords rclatingto real prq),erty acquired shO be retained firr six (6) years after the cloising
on tile transfer oftide,
le Sularecipient shall maiiatain all reo!!jrds and supplarting docinnenitation for t1he Sulifeciplent
a,nid for all contracrors:, mibcotitiRctors anid consultatits Pin] from failds provided under this Agreement,
including documentation of all pro6m= costs in a, fonia suil ficient, to determine compliance with die.
requiri-ments and ol!)jectiveis of dic scope of work and aU otl�iier applicalwlie laws and regulations,,
W he Subreri,pient shall, ciffier 0 maintam all Rinds provided twderthis Agreement ina separate
1!iiank account or (irrenstirc that die Subtecipient's accounting system, shall haviesufficient internal conti!lolis
to Separately track d�ie expenditure ofall fiinds fiom Edis Agreement. Provided f iirtber, drat the oji]l option
evadable for adv913Ced fiands is t(), maintain such achnanccd funds in a separate hankaccount, nere shaR
be Cuconrtnink�ing offfinds provided under d!iis Agreement with, any odier funds, projects Or pro,grilims.
2
I Packet Pg. 1307 1
DOcuShi% 1111,111-1 ii,iyel A,C2341111 11 Wr4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO AgeementNo 1009.2;
1 K
1)"Il 210!raay�, in its sole disatedoril' disallow costs made,%kxidi cornrul ffin&,and rell reimbursernent
f6r such costq as desdhezein, Subparagraph (21)(e), R�piayrrjient&,
(N 1"Ite Sulzec"Apient, including 0 of its employines cit agents, contractors, sul�%cirjntractors anild
consub,q-nts to E!ile paid ikom fittildis pro'%,'ided under dris Agrem-ment, shall allow ac cess to: its records at
masonalAire tknes to: representad 11 ves o:f DI"E,10, the Chief Finarxial Officer of flie State of Horid,a,, die
Auditcr Gesaiezd, of d!ie State of Morida:, the Florida Office of'Ptogn, a,, pi,Dlicy,Analysis and Gxverttniient
Accountialxility or rej),isesentatives of the Findeml 90VUDIDent or d'eir duly authorized ri�tiafives.
GrReasonable"' SbAU orcHnarily rnean c�lutnig normal inlisiness hours of &00 am,, to 50 P"roll lat:al tinle,
Nfonday d1rough ,FroJay,
(6) Audit ReqiAtements
(a) . ..... rhe SW!)redpient shall ct)tlitll ga a single or prograna-specific audit in accorduace with d3,e
provi&iolls Of 2 CF' ' I ' t. pari!! 2010 if it expends seven hundred fifty t1touisan(I doEars ($750,0010) or mare in
Fiedenal a,wards fioin all so=ies duting its fiscal year,
1 0!1) Within sixty (60) calcruisr days of tl�ie close of the fiscalyear, on an armuial basis, tl!ie Subrecipielit
is iaU clectrconicOly sulyrrdt a completed Atidit Corolpliance Certification to 'g " j
at,
DEO's grant manager; ablank version of vdiich is attadied hexeto is AttA11--limimt K. 'Me Sulwecipienes
timely submitta� of one completed Audit Canryliance Certificatioti for each applicable fiscOyear wdl fi�flll
this, requixenient Nwitliol all agreernents (c,&, contracts, jarants, tnemcorandu= of uriderstariding,
YXIMOrandums o:l'" a9feetnent, econotnic incentive award agreements, etc.) betmmen DEO Puid d!ie
SuEwecipient,
in addition to die sulnrdssoon reqLmoements listed In.Attaclunent j fided "'Au& Requirernents",
die Sut�rec�:Pient shal"I send an electronic copy of its auxilt report to DEG's gtaut MaIlager for tliis
Algeerroonot byjut2,e 30: following flie end c)f each fiscal year in & it'had, an opim CDBG-D:R,, �lnibgrant,
(d) Subre*ent shRU also co"!)Iy'v6th the Fedm� LAu 11 dit Clearinghouse riales and, directrvies, includirqP3,
bia not limited to the pet-Unent Report &A)missiotis provislons Of' CFR 200.512, w1mi nAch Provislons
are applicallie to this Agrees rent.
orts. 'i'llieSubircci�pic�iitsl,iaup���a�,irle I I',', );" Eowiflh all reltarts andinformation set froth in Attaxfirnent
p I
G tided "IReports," Both the montbly and quartedytiqoru, �as Nuidl as diie adtcd flistmtive closeout repoirts
must iorclude t1le stntus and progress of dille Subrecipien't 11 and all sulxontracj�ors in catrojAeting the wotk
descrfl,i,edin dilic Scope of Work and the aspenditure of fizods under t]3isAgreement. Upon request by,
DJEOI, the Subtecipientsball prcl�nde additi(mal, rogam updates or infbim!Mticin., Hall req=e(] re, rns
In"I Co " P P
Ples are not sen'tto !DF7,0 or arc not coejj�plctord in is tmuineracccptable to E20, pay,nients may j!se
wiffibeld, until the reports aie prci completed, DEO: may also take otber actionas stated in paragrap%
(]�) Reinedies or (!)ltbcr%ise allovmb�e I)TIMMI
(8) InsplactionlB maid Mair'sit"Ciling
(a) Subrecipient ;�b&U pernift DIEO: and auditors to hav'e access to the Sul.,�recipi mt's re(:ords and
ffitmuai statetrients as DE�O: determines is necessary fbrDE(`) to n!oect die mqtdremenrrs of 2 CER, part
2010.
The Subrecipient must i to mollitoling of its iiactividlesi by DEO as DEO deterniines
IlecesiSary, tc: enistxre that tbe subaw=d is used, frwaudlori�zed PLIrPOSeg In COIToplixnce'�Vldl Fiederal sututes,,
regulatiotis an(i the tems qnd corldidons of rbis agreernent.
(c) 111aisi review must include: (J) revorv�ilig finandal and, erformance re orts required, by IDEO, (2),
P P
up and ensn �ring that d�i,e S'ofl!wecipienttahes tifnely atild ippropriate action, on aE deficiencies
D
ptttettrn ng to the Fell award,provided to d!ie &,O!wedpierit &otn E)'EO as defected t1irough audits, 011�
site reviews and otIlher nleans and (3) issuing ia Manageralent dedsion, for sudit Findings pertairotig to dos
i )
Fedem, I aill rovid,ed to die Subriecipient frolm, 11:1 EO: ias rorquued by,2 C, R . §200.52 1.
,P R
(d) Ci.irrectiveAction5l.
D: EO ma, 'Y ISSUC Management ded'siotis 'Ind, may consider t�aki,ng enffircement actionis if
non,coinpli,mce is detiected, during audits. II)E0 may req=,e the SuixtecTient to take tune4� and
3
I Packet Pg. 1308 1
DGCUSIll 111111 1, Ar.23AIII)iA."99 AAA11!: PIAAA
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Aneemmt No.: 10092
approptiatic action on all deficienrles, es tai 11 in rig to, do: Frderalawstd j3roTided to doe Sxd�%redpicnt&orn P
t'�ll2e pass tlirougb entit�F as detected through audits:, on site tevivkws and cither nicans. In respriiinse to audit
deficiencies or offict findings of noniroinpliance svidii tl�iis tkgrel � 11
I'll)], , enrcnt� 1) �� 01 may impose additional
coaditions on the use of the 0'', B1G-, 1 11 1 farads to ew use filture compliance or provide training and
technical MiStULCe H ninededto coetea tioncompliance
(9) Duplication of Benefits. ThI12, SU13CCCipie'll3t sliall not =111' oult !any of die actiNitics undex this
Aipeement in a manner that results in a pto'hibited diuplicadon of ticnefits as 41eficied 1)'Y Section 312 of
fl,ie Rol!iicrt T. Stafford Di 11 saster Relief a I nd Enie;riacy AsBistance Act of'1974(421J.&C. 5155 isrsey md
descalsed in Appropriations Acts. '11be Subtecipient must comply with HUD's req=cments for
duplieRdion of 1!�cnefijz, dirposed liy the Federal Register Giddance, ]"he Subirecipient sliall 1-arry out doe
actiinties under dds.,Agreemeut in, compliance wit1ii DI!f(D's procedutes to prevent duplication ol"Isienefits
Subireciplient shall sign, a Sij���)rogadcin Agreement (See.Attaclrrnent'N�
(10) 11''Jift1iflity
(a),
to, Section 768.28(1�), F.5,11 nileither Party indennaifies nor instwes i tt assuiric 8 ! any liability firr die offier
Pgft)iffir the (�)thcr I)artYs tu4igencij-',
11!t) 'Me Subrecipierat filirld icnagrees toasst=e sole respiongil)ility, tnming and oversight offlae parties
it dicals Nioth or ernplays to cany out die tenns of" th,i,s Ahrrceineirt to the Extent set forth in Section 768.28:,
florida SLatutes, "I'lic ndneciplimt s"hall �iold D'1'HOi liarinlinsisaganist R11, claims of whateircr natute atises
frons thework Rad ses�ces perfornicid 11,iy diird parties under guts Agreement. Nodaing herein sliiall be
construed as consent 1)31 the Subreci ient to I)e sued by diird ardies in any Matter unitig out of any
agreement, contract or W�)con tract
(c) H' die Subirecipientate agency oir sulxffinision, as defitied in Section 768.28, tliru jJ111i
suln-eciplent agrees tal lwc fully responsii!�uIin f" or itsnegligent or torus acts inr ornissions, wliich result in
claims or suits agAurst DiFsO,, 'Me su'Lixecipicia agreles to be lialile foil an, y damages proximately caused 1)y
dleacts Or ornissionsto die extent set ffirba in Se'cdoin 768i28�F S. Nod!iiing lierein shall be construed as
corksent by a stite agency or subdtvisiot� of die State of Florida to Im sued liy d!iird pardesin wry ri
axising out of any, agreement, conttact or subcoutract.
(d) N(!)d�ng bcrefir !is intended to serve :as a waiver of sovexcign immuniq, 13y, Di]!!u'O' or dic
SW)xedpient.
" 1''
0.1.) Events, of I)ebult. If any of die f0flONV11113g events occur ("'Events nfDefault"k, ")EO may, iiii its sole and
Rbisolute discretion, elect to, tertninate 01-131 obligation to make any ftu-ther payment of ffinds:, exercise any
of diie remedies set Fordi in paxagriq)[ii (I Reinedies cir ursue on remed, � at law or in 11111q�jity,,without
limitadon, (a) Any warrairty or reprolientation inside by the Sullrecipiientin diis
Agreernent or any prevorus agreemen'twifla 11"MO, iis ot, 1;)eicornes filse or mWeadinin any respect, or if
the �uulmu�mu�ecient fails to keepor perfbnn any Df d�ie obligaboas:, ternasor covenzats in this Agreeent oryre%rinus agreernill"mt VAth Dj'z,0,, and/ OT has not cured dien!ii in tinidY fashion and/or iisumfl�)le or
tuwUing to tneet its ol!iliptionsuuider diis Agreement and/or as required i)y stsitute:, m1c, or re&dadoa;
11�)) Any material adrerse change occu!rs flie fii!iaticial condition of thic Stibrecipient iat �any time
dirdng, fl!ic tetai oil!, ll as Zi�neetnent and the Subreid ient 6fis to, (nite this achrene clj�a!nge NN&j��, , tin! (30)
P I n 11 rty
caleaidiw days fikom die Hate written notice is sent by Di " EO,;
(c) ''I"he S,ullwecipient &ils to submit any required reptni�! or iaits any reqx�red report'ilnfli iMCOITCCt,
incomplete or basuffirient inforrnation or fails to suf)init additional infitiniation as requested, by DE101;
(d) Fhe Stg'Lwedpient failis to PlexForna or timely complete any of its obligations andco Flats Agreensent,
including learticipating in DEO's �mplcrnentadoin Workshop",
I Packet Pg. 1309 1
r"kiril aAdifs q 11111 ) Af"T2AIIINI A JOCA AAAII_1112A1,10
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DE! Amement No.: 10092
'172e Partics agree d�iat in the event DEO clects to inske Payments or partin] paynients after An Events
of II)efitilt, it does so wit'1! tiout Nvirivilig d!le right to cKercise rry rentedies OawaiAeh
crem or at law uod
withoutbecoming lials'le to nsake art:,:fitrdier piaymeat.
N Neddrer Party sliall ix liable 'to: die offiier for any deky or failure to: Perare
forni under diis
Agreement if such de��,y or fiillure iis neither the fault nor dic negligence of dre Patty o:r iti emploYees or
agents and the delay is due dircctly to iacts of Goti, wats, acts of ptfl�)Iic enernies, sttikes, Fires, Soods:, or
cI sim,ilar cause 'who'lly beyond d3C P:Arty�s control or for any of d!ie foregoing thot Ra:cts
subcontinactors or suppliers if no alternate unirre of sup,pily is avaAsble. Fknvever, in the evifflt of dcJa,Y
�&oi�n the foregoing causies, the Party shall, talm 0 teasonable measures to: midgate any and dil restdfing
(Jelay or distu tion in the prate Performance OtAiptknt underthis Agiectnent. I the delay is excusaiAc
under this paragraph:, the delay vffl1:: not result in atiy ulthdonal cbaree x)t cost under to
eitlier P",% In the case of any delay the Su1birccipiecit belie%?cs Ls exCUSalsle under t1ds pangpph,
Su'l-ireci
P 2
citl� ler: li"itlaill ten (10) caleadar days after the cmuse tixat creates or unfl: create flue dieky first aroilie if
Subre6pient could reasional'Ay roresee tbat:a �delay could occut as a result or (2) widlin five ,'5) calendu
days after the date SubreciPient first had reason to belileve that a delay could result, if the dr,hy is not
"E 1:710 ("OING SF1A1,'1,, CONS"I'MU'll"E SOI �,E
bly fbreseez�ble" "I"B" 1:1�,11, Ed
reasona, I
It EMEDY, 01, Et' ' M"IM ,KY� ProNriding rootice In stAct accordwice vvida
R EX C L) s MI , 11 R VE DRI
this, aragraph, is a conditixna precedent osuch rmedy, UE01 in its siole discretion, vril dete=inc ifthe
P
delay is exciiisalAc utider this paragriaph andvdl:,] rmdf� Stflneci,pient of its decision itx writin& No Claim
for dainages, otlier thanan extension of time:, shmll :x ass�erted, agaitut DEO. Suljrccipient sliaI: not be
entitled to in increasie in the Agrinerrient price of Payment of an,y kind from D1,1ZO for direct, indirect,
consequienti'd, implact or otiler costs, in!3qwnscs or rlamages:, including but not litnited to costs of
RA"Celexadion or inefficienqatising because of dela, , distuption, interfetlence or Iiindroncia fxoman,�
'T F Callse
whatsoever, If Perfionlignce is suspentled or &Aayed, in whole or in p:at% due to any of the causes
descrilmd in diis pstragrapb:, after 'die causes have ceased to e:dst, Subtecipient shall Perforiin st 110
increased cost, unless D��'],O determines, in its sole discrcticmdiat,r:le delay vdll, significant' imp'sjr die
v alue of die Agiteement to D X11) or doe State, in Wilich cR se, DEO!enzy do: any of all of the foljowjn(J�
accept allocated perforriiance r iddivrries froin Sul:3recipient, provided that Sti1:!)rCC'p1'Cnt grants
preferential treaty l!!iient to DEO: %vidt respect to litoiducts or services st,I)jectetl to!allocation; (2) purcliase
rlooiropahoet oSources "Nwueoursees ttohaatnar, ebythSeusburle�cjeipciteonft for
dheelarTc,lawtebdiccosts
osts l!.and ex,Pensesto te, la(:efn f the Pr(),ductsor sevi
from the Agreementquanfiqor (3terminate tree greementdinwhole or itibppaurchases maY be deducted
Retnedies,i, 'if an Event Of'Defixult occurs,DEO: shall, rovidc thirty (30) calendar da)ys written notice to:
,P
dk Sulne4ient and if t]:= Subreopiet! it fails to: cize within diose d)irily (30) (!%lcni-.1&r days I)EC) may choose
to exercise one or more of die following remoffies, either concumently or consecutively.
(a) Iletiminated I iisAgreernent upon twerity firuir (24)lcour,%,ritten notice 1ry D]M sent in conforulity
,�,vttb Paragnaph ill 6), Notiice and Contact�
(li) Bepri any appropriate �egpal or eqxAtable action to enforce perf6trnance of t1ris Agreement;
(c:) Withbold or sus, lend, payrnent, of 0 or any part of a request for p:ayment; ,P
(d) Demand d!iat t1re Sul),rcidPient zetum to DEO any fiLnds used for ine4ble activities or
imalloo,able coists under this Agreement or Atly applicial!)1c lavi, rule or regiLdc,in governing d3e
use of die ffindszad
(0) Exercise!&ny comective or remedial acticins, includa-ig but not lirnited to:
L Requesting adididonal infbernation from die Sutwrecipient to determine the rea,so!ns for or the
extient of uon compliauce or lacAr, of pletfbimancc;
q
I Packet Pg. 1310 1
III)OCumon Fem'sq'Inirm H Ar!9AAIIIIIA,Aagilk &RAC RAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
9Q Agreemmt No.: IW9�
I lissuw4t a written warmag to advise fl!iat more setious measures may be takon if die situation
is not, cortected,; arld/or
3, Advising flic Stilirecipient to suspend, discortdnue or reffiiin from inciarring costs For any
activatiles in question.
PUrstlit Of M91y, of thc above remeclies doe:w niint predudc D�'!�? '0 firom Pursuwg my ci remedies in
this Agreemelit or provided at low or in equityi,, FRiluce, to: exercise any right or temedy in this ikWeement
or failme t�y DEO: to requitv stdct petfrotriance does not affect, extend or waive any odier tiot or remedy
Uadal�le oti a�act the later exercisle of thile mme right or rimiedy [jyD,EO: for any Odier default 1))!, dle
sul�)recjpfent.
(13), documI)iefnspt udepuRteesdodtsiioonlis, .tug
fisghaarlliddseecmidee dcisoi eoisf cso2mnceem011inflaie perfoin at!ice of tili'tgtc Pat
the Sulirecipitint.decisions ace feral
and conclusive imloss flie Subliecip:iv! it filesa petition for administtative hearing'svidi D"I . . . ... . . .. 11 0" %vid!iin twentyi,one
�ll�)da3r,;ftc�:m,tficd,,ateofre(��niptoffl�iedc.,!t:iision,, ���xh�a�,is,�,ii3iiofadtniwstji!�'adverciiie,rJjesp�rlr.,sc:db�edi!nC�igptr
20,RS,:,al)isolute condition precedent to die Subrecipient's at!iiility to pitmoue any offier fbirm of dispute
resolution; provided, however:, diat flic Pardes may mutually agree to employ the Rlterriative dispute resolution
procedures ouditied in Chapter 120, FiSi
(14) Citizen Cotnplaints. 'nie gos] of die State is to: provide �ait opportumrt�, to zem)lve conaplaints in a tin-tely
mame i� 11 t,usuallymvithin fifteen (15) business days as expected toy HLIDif pimcdcaiik, mul to, ro�vjde die right
,P
to Participate in the process ianid appen] a decision whimn thereis reason fibran 2pplicant to Imlieve its appjjc�atjcjj
'wastiot haridled m"cording to program p(ilimes,, All appliciistioins:, p I include i on
the right to file a cotripl=t or a : eal anid tI,Ie process for Glitig, �a comphiin'tor I)iq�i " Pp L I nning �an appeal,
'4icants are a1lowed to qTied litogrun decisions related to one of flue" hollowing activideis,
(a) A prograrn eli,E�I.)ility determina'don
N A PrO'gr2m, asis I A I stance award, calculation and
(e) .,lprogran)de6sion concert!ui:tig]-io:u,isingiii-uitdn,iii2,gendtli,erescil[,tingpr(,)grR,mo,utcome,
Citizens may file a Written corripl=it or appeal through tlie Office oflli)isaster Recovery, 4!!mAfl at
0 t s uIrm it Ir ypc)stalmmA to the followingaddios&�
Attentiom� Offilre 4rf Disaster Recavery
Morida Die, utiment of Economic OppOrt'11=31,
P
107 East'Mdison Street
"I'lie Ciddwell Bi%ilding,,MSC'160
'I Oalllas,'Sec, 1; I�Oti da 323199:
"I'lle sui3recipient %vifl hatiffle u!idzen complznts by (:ondt,Lcting!!
(s) Invest igation's as necesis'aity
(1)) Resiolutionor
(c) Follow-upactions.
the complainant is not sadisfied, lq the Subrecipient's detennination, then the comphunaut irlay file a
vmtten appeal by follovqng dae instructions issued in t'he letter of responsir.", IF, at th'e conclusion of the
aPPeals Process,''the izorqtaimant lias cot bleen satc5fied witll flue re9Pocse:, a f6tinal complaintinq dicti be
addressed directly to the DEO: ut
1: "1 eP!P
)artmtit: of'EEkononmc 10 picittunity,
Caldivell Building, MSC 4010
101'7 E Maidison Street
P.
I Packet Pg. 1311 1
[)aa k8ai f Ervi,,,lfloce Irr AC1,1PS41 PCIII1V',7 III ArN N !!!, 4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
WK) AmWa Nhs DOXON
]Fallah,assee, ]"l, 32399 E
M
I� he Fl`loi� idl"1,01 !�,OEINS2igterRiecX
CL 1busing, Arner��dvnents Act of 1989). Anyone vdx) fide he or she has b&!11-It r,"UscrIrmnab h ay ffic 8
Of I 669,�9`7`7`7 (,`J'c,�,ll Frejh 14019Z192T5 of 0
(15) Tenninadan.
if 8ir DEC) may ssp�,,,�,nd w,,- tixm�nsf:e tbis Agleernerat iM cause 11,11pon, tmi,Mty ft1,ii,nI, (24) hour
Iot¶
Ft ils to the Siul:eeci�f.t,itmtIs nrrpr pf, or
ineffictive 'i.gse of' prrnrided unrier d us Agreetner��t� lack of Comi,4iarize �th any aplcliczl�4e
,zlatians:, ,,;,tatutes, execu6ve or&,,-ars:, F11.1D, gi,;ideliries!, policiesdirectives ftiil�,nze, fbratrvj,,
reasonrl , to SQ, arxVor pmpetj ��,�terfe �rm g,,riy the O'll!'Jigations 'tuider tbls ilM,greerru!IrNt;
of rej,�orl!ls that are incoirect at: ircomj,,,,��Ietc in, g natfal resl:�ect and r fi vsml fcj
seems to any dacurnen4 pape; hater at ctther nrluateliId �ns],'�,Ject! to dist,:�lt,!�,sure ii�i nder law�, lt,�Ch"U"'Lirxg Chapter
URI, RS. as amoded Ile ervtianed reasons St Tanckudon am loud 11 &a imum,,
�oetu,,,!e arie not litnitirig sale a!nd C,x thI
real"."Tct to 1)EO'S t to wiP rllrlrr"r.,te tl,Iis A�,Fee,:m, t, lil the! ev e2lt I S.11 f" or terrnination!, 'the
&a,brecilh1R,-,=t ant he entitled to reccmer 0111p, Col3cf,"41""i6cm cl.,I,rr es CI,,
rwvy� ter minIthis Agrer,,urnent, in ;;d iole cm in part�, fr,'n corwer�,ien�,,,�e by the
Sli fl!nedj,�ie�nt 6 �a�rtceri, (14[) &,tys ,;viitten notke &am the date nodii e is XI 1�y 1)EO, setfir�,g f6ttf,�� the
rum,m e ucic6c&,,m ofp�rtial t!f ninada, the ardon Va I be
tenrrniii,iteRd.sh theffixtivdo,an$W]EOdnx' ,p
f in tim I paE,�] te=ninaficn, 1)eteaiesthat tere,AnAparban�
of he 1WUd V91 not accomplishAhe pM,srpcs(,!� fbr,,;,,vhich rniI,�de, rm,��,y ter imate die
pertic,�Ia ffie 21,X,rard ,Iuill uct ICCO221plish the" l�wrlmqe ft,��t: ,,; hch the awa rd tas fiade'he
SuWzdpknt shall continue to perf t!m, arIy^imquurn„u.11n nw terrnittateIzi, tire vn,
commenfence. the Sukedocrut shil not be endded tc., zecover R,,'iny
cc rsts for the tet�rnirrrraed of',V?rmtk,
]Fhe 1 ternvnatf,,'Xthis Agreimeta ft,conv once in owing, I the munner agreed
by the Pardes, the effictive ;late Oft""lle terrnin'I, )r,
In the aeavt thlat thils Al' ef ima is t irnin�ated, tl w SU]bTTcfj)ie'r1t dul mat doze now ob4athms un%
tetrmizlat�,,-,xi pc�!rticltl of the Agreanmt allet the dam &e Sl�,�brcdjtierlt 11as rece"I"iVed tile nctificm"Itioc of
ter inadom ]1e SiO:l� cipicxst shall, cari�cel ,,is , �arr,lr as
Allow ON costs iru 1',uTerl afteir die receil:tf: of natice,
shall not 1ie reheveYi of hal:uility IDEO because of any-Ara.,ich, rA!' the i%greernent lty t1he
DEO irna, the extent authorized by hwohthh&�,i payawntis the Sti��!,xecipiect for dle l!rl'mposc afw
off il the extct al xm,�ait ofids,r,,nages clue tc1, D�ED Fr 0911 the Khredpient is cWtenximed,
(f) Upon exl:tirstiorl I tertzrxioition, ir,,,4' tics Agnernent the Sdondoeta atall tnnsfrr, DEO any, CDBG
1,".)R. finrchg on IIII,rrid st tf�ie tnt,,,e ofexpiration, te%-Ilrinaticrtr and any - err cr,!n,rl rts :tle to tlle
use of CDBGVDR WAs.
U'[�or� mq,�,ir don or tefvni�aatiorl of' t is iligree=ierrt, the Sul!,,recipiierit sliall ftAlomv 11 ic agteemerrt 6,>sem�Ct
proceduzes set f6rt!h inztle 73C 210051 (5),
(EO /'�inyteal Sufl,'-,�,recipient's acqtdred, or itriprewim,'i on svh�cle tf i
firrAs C`,,DBG AM WMed to the 115redl;henf: in he f6jan of a lca!n) ic
excess of$25:,()C1() rxms,t eithter��
L Be used to Inwt a nW&Mh W,tjectiNre until five ars niter exl,,�iratian, terinination oftltIs
11'lq ref, rmrlt, III, otherwise ag�,,eed Mon by tba Putim, of excel a as set rrN; ot,
2. lfs-�Iot iused to meet a riationp I Subzei�:i;,tient DE,O an arnarutit eqwd to thie
cul r" t %rIaLae of' the prc��riietty liens, p,( xt6on of the 'v'ah.w att6b'Iaal:�11e tc,� of rrc:m,
N
Packet Pg. 1312
anrucsbn iIZ11,11viWilm 111111)�� MAArP � lftelnno,2 mr%r�lq
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO.Aam=ent-No.: 10092.
CD:BG DR, funds for dieacqr,rdsition or improvement of the propettv fit firer years after eViradoe, or
terrnina6on offlusAgreement.
'11'he tights and remedto,B i,-aider d�iis clause an: in addition to any oflier tiglits or!remeffies [Yrovided 1xv law,
or U11der diis A��ieetnient.
( a) All notices privvided under or piLtsuarit rc) this Agreement shaH ble in wnting, cidier by hand delivery,
fin class or ceriijficd mail widi return reccil't requested, to die representative icicntified ixbtai at die
address set foriiii, below or said notiffintion attached,to the otiginaJ, of diis *eernent,
Tbe nqme nd addri-sis of]),EOs Grant Ndanager for flLi1s.Agrecirient is�
der ",[he name andadckess of the Uwal Contact for this Agreement i&�
He'lene welhcril�3'trr� 11
- . . . ......................... --- -- . . ....... . . . .........
,2 7 9 8 Overseas ww-,,
. . .......................... . . ........... ....
INdarsthon, F1 11 �330150
......... ...... . .. . . ..................... ... ......
. . . . .................... . ..... . . ........... . .
Pllone� 305 504-3036
Fcar : . ........
urrr
1r1;- . ...... ..dnrdrrnrFnraPrrwnanrarannanru. ..................................
(d)ff different represientifives or �addresses are deRignated by eit1her Party after execution ()!f this
Agreieinen% nod(:e of die name, dtle an�d addrei5s of the new reprieseritad 11 ve will lx FroNvirded as stated in
paxagrapli, (1, 6) �ablo:ve�
(17) Cointiracts. If flie Subrec�pient contracts any of thiework required unidej: tbis jkgteement, �R copy of die
proposed contmot template �and u,�y Proposed annuadments, extension5, revisions irjr other (:hangeis d!%,eret(!),
must Ix., fon�axded to DRO for prior Nxtitten approval. For eacli contraict the Sul��xee�pjent s
E hAll report toi:
D�IE 0 as to uiiethiet diat contractor or!,my subcontractors Wred the con'tt-actor, i,s a minority, vend,or, as
deStied in Section, 288,''703, 173 rhe Suixecipient shall contI3131, with dw procurement standards ix'i 2 CY R,
§200,318 §200,,326 w1wn slervices under. this Agraemennt IIrrdrr to Attair.hment D).
".111C Subreciliient shall include die follcmnxig te=s and conditiOns 111 qny contract pertaining to die wotk
reqtdred undrar tllia Agreetnent��
(q) dae pedod, of pe1fi)nnance or date of completion;
die performance rexp,drements;
rdI
( r) t1lat dtic oontracu)r is bound 'by dic tenns of t1hi s Agreement;
that d3c conbractor is tmund 1q, 0 applical3le Stateand T�edcral �aws, rulles:1 and regWations;
(r) diat Ible contilactor shaR hold DEOand die Subirecipient harnaleas agains"t In dainis of %ldlatever nature
alliaing out of the contructor's perharrnancc of'work, inader this Ageem-nrant;
ddm fl-w obligation of the Srfl!)re6pient to docLimentin Sut)rcci iettes, re orts flie, conu�,,,urtorls 1,D2109TEIss in
perlkxrnting its worl[ under diis Agreenient; p P :$
dae rcqivoetnents of 2 CFR Appendix 1!1 to 1?1art 200 ............ . Contract Provision for Non Federal Entilty
Ltd Contracil���Ui!iderFed,cr,�dAm�azdi!s (rcferto.AttachxnentL)
E.
I Packet Pg. 1313 1
1�3crmglhir� 11111 )�� 11IAAA,flne I III 11 :::`2 AM 11 M, ll:::i
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Amemeint No.: 10092
SX11wed"Pient inust cottip[3-witli CI)BG teguhd(x ts regitilingdebiarTed or swe(Ities (24 C.F,K
01.4(Dtrovided to excluded or ified Persons arud
pi-cnisions addressing fid, jtiqcnent� Plerfiarniance fjoinds:l, if applicaWe,, and liqxidated darnages.
,)IIIe Subirecipient inust ensutc �%U contrac,ts anild agreemerits dearly state d!ie period of perfirraiance or diate of
conipletion mid iticotpii Plerfornisince requirernents.
The St6recipient alcall inaii-itain oversight ofall activides, erfiinned ivider d!iis Agreemimt ind sliall ensure d�iat
,P
it's cotAractorg Perflinim according to flie tertna and C013(fidiong Of the, roa�wed contracts oir agreements and t]!ie
temrs and conditions of diis Agreement P
(18) and Cunditiorlis Agreetnent contiins all die terins and conditions agreed iopon I�y die
Particis cre are no provisioris,terms, conidit'lonS, 01i 01511gationia offier dian diose con tained in diiis Agreement;
in %writing by �an axthorised DE01 official
(19) Attachments.
(a) IT ally inconsistencies or cOlIffiCt Inhween the languAge of this Ageeilnent and 6ileattachtnents
atise, t1lelanguage of die attachments, sball controll, Ibut only to, die extent of die conffict or inconist I stenq1,,
0�) 11dis Agreement
corktaites die fblh�rwmg attactments:
AtiAchment A ............
Scople of Woflt
Atfadvnent 13 "',
I �I'lroject Demil, (Exarnple)
.Attacliment C,,��
Actinty Work Plan OExainple)
Attachinent 11I�)
— Pro grain and Specia� Conditiozs
Attachment IE
State d, Federal Swutes:, Regntations and Policies
Mtac1cment F —
Civil RJ&s Clornpliance
Attacl=ent G ............
Reports
Attachrrient H ............
War!tanties and Representations
dkittachinerit'l
Atichtl1equircments
Exhibit 'I to Attachiment I Funding Solkirces
Mtachnientj ............
Aticht Compliance Cerdfication
Atrachtnent X ............
S'I'IRA i i�UtIIAoriZILtI0lI3 For�m
Attachment L
2 CER AI)pcnchx 11 to Put 200
Attachinent M
Stibrogation Agreenicist
(20) I'lundi!im!i,g,/CoiniBideration,,,,,
(!e) ',lIiic figniding for this `erncnt shall not exceed Fifteen 'Million, Doluars and Zero Cerm
SUI��)Ject to flie avaffal!)113, offfinds. The State of Florida and performance and
olibigation to play under this Agreconent is contingent tiponatintial apprn, donis liy die]Legislature and
,P
sul!)ject U)i any modificadon in accordance vidtli Chapter,216, FS or the ��"
tihin.DEO�ifl�vifUnds tie Stitnepicint by ixiiig 1tjce Subgrant Amwd/'Fund
Aviailal�iffity (11"NRA") through DEO
anagtifocniation sy'sterri, Ifaciii NRlA nrav 0)rmscoditions, assaee, restmcdons or oflier it!I11'stnictioris apcal)]e tothe fxndis provide4l
1) r ffile NRA. By accepting fitrids made araiLabile throug[!ii an Fi�, the Sebrecip" N font agefts to COMPly oad!i�
all texiais, rondidonis, aissurancise, restrictions or odiell instincr-dons listed ini die !,4F,zk
(e) 1!337 execudan of this.Agreement, the Siibrecipient cerdfies that �necessary wdtten administradw
procedures!, roceSserl land Esctd, cotitroils are in lace flor d�ie operadoin of its CD "BG I'M ptograin, for
P
which die Subrec4ient receives fitridaig fiarn DEO. Ibesewrittxn adt!n!�nistmdvii��,�,,!�irocedims!, processes
and fiscal conizals raust, at inintinuin, conip�y widi applicaf!iilc itate 2111d fedetal Law, rzilirs,, regiiladons,
gxidance and d!ie te=iis of dais Agreernent. ]"he Sti��)recipient agrees to cona, ly %%ith afll die ten!!i,!iis md
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conditions of Attachment D idtaled "i ojzr,,Uln� and S ccW GondiUnns:`:`,,
D " p
I Packet Pg. 1314 1
DisnuSllan 11Ar.'21&1111 A-AA11:A—A KAI, CIAAftlillr�mm % ii!no
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Agreement No.: 10092 .
(d) 11"ie Safl!!Dredpient shall explew], fimids only for allovvulle costs and cligil3le actkrities,, iri accordance
Vith die Scope of NV'fjrk,,
(e) 11'he Su1'Dreciplient sh,ffl in, dile manner Prescrilmd IV Me atAdiorized
signatory for die Si,d!rrecipient set firrda on t'l!w SER A,,,kccess Autliozizatioll Forea, Attacin-nesit I, to diis
Agreernient, must !approve die mjj�=ission of ea(:ll Request for Funds On 13C1321f 04the
Sulnecipi I ent.
(f) Elixicept as set f6r6i herein, or unless othenThae authorized in w6ung f�y E)E0,, costs incurted
elia�blie activides or allowai3le costs Prior to die effl6c&e date of' fl!ifia Agreoment are ine]4[de for fwiding
wld!i, CDlBG,-,',DR, funils,,
(yj If the necessary fi,inds=enotace aliable to Ifirid tbis Agre=entas 2, remalt of action'bytbe United
Statels Congress, flie Federal Office act Nilwagement atul Buc�,ict, the F,Iorida LA-gidature, t1le State Chief
Financial toy
fEcer, or under Subpar"Ph (20)(�), Mandated Condidc�jos of diis AiVeement, all oL)ligadons
o" tile ParDE10 to indke any funber a�Tnent offimds,��l teralinate wd die'Recipient s' al suE)rnit
P h I
its airl-ninistrativic dicascoutriTort and sul)grmt agixeincit doscout packjags, alivitilin (3101) calendar
idaylis from receipt offiotice form IDEG,
(121) 111C Suf�redpient is Ultinlately respon&fl���Ie for flile administration of t1jis Agreemetit, including
manitoring �m!id oveniglit I person or, entity tietained lor hired 1)y die Subirecipictit
(21) Repalnnents
(�e) 'Me Subrecipient sliall onlyi, e�q)iejid filinding under this Agreement for IaUow,a]!�lic costs zestdting
froin obligadons incurred di,aitag the Agtxernent peri:lo& 'fl%e Sul'irriciltient shall ensure that its contmctors,
siat!ilcontmctors znd cunqultarits, onlT aq�ietld, funcling, UI Agli,lIecrnerit fieralliuvrable costs resulting
fiorn otdigations incurred dudng ffie j%grizernent period,
(1:3) 'In accordance v6di Section, 215:.9 �7 IFS,fllc Subreo4)ient shafl: reftuid to DEO: url,r unobligated
funds,which lix%/ebeen advariced Raid to d!ie Subrecipient.
(c) "Flae Subrecipient shall refund to DEO �my finids paid in excess of the amlowit to *hich flie
St, flneciplellt or Its contractorssublicotUrsictors or consultnnts are entided'under die temrs 'annul conditions
of diisxkgreeincnt,
'd) I'he Sula:: ecapient shall refivad to 0 arr funds received for m acd,wity if d�ie activity does ricit
2 DE r,
�meet one of tlle d�irce Natiorial Objectives listed in 24 CT1111. l,� 5 70 183 0-1)!, (c) atild (d); provide(l, howel=�
die Sulbrecipient is not reqtdred to re �ay funds for 5 ubgrant adinimstraticm unless DEQ, in it sole
,P 3
discretion, dete=ines, die Sul!wedpiellt is at fwflt for die inefgil)ility of die activity in quesu"011"
this Agreement or ap, iircsl�lie aw Su(Ji reiml)ursement shall bile setit to: I )E0, Ery pan Su'1Vlecipient, widlin
P'l
d1irty (310) calendwr days fintn Subrecipient's reiceipt oftiodficarjoIE, of siuchnon,corn,
pliance,
In accordance Nvidi Section 215,34(�):, 17,S, if a check or otlirr draft� is retmned, to DEO: for
collection, the SWnedpient shaU pa3l� to' ' 1 )'EO: a gervice fee, ofS 15,,00 or five percent ofd!ie Fare arnount
ofth,lercturnedcl,ieckordn,ft,w),��iche%,erisg�reatirt. AD reftaidsorrepayments tobeinaide toUH10wider
dris Agreement are to 'be made paya'11101e to die ceder of "Departmittit of 11, Zonomic Op
mailed directly to DEO: at the following �addriess: Portanity" and
Depi,artrisent of Economic Opportunity
Community Dinrieloptraent Block Geant Programs Cashier
10 7 II''illastNfialum on Street NB4001
]"allabassice, Florida 323991-6:508
(22) Mandated Conditions.
(� The v6dity of dris Agreenient is su1slect to the tnith and accuracy of all the infrornation,
represen�tstions qnd matedals, sul)rnitted, ar-pitovilded 1)y tbie Stfl!Ixeciplent in flais zkgreenaerit, in MY 12ter
I , '! I
BL11)n-usision oti response to a 11 2,10 request or in a,n,y submissit)n or resplionseto EM t',�3e re9wretnents of
this Agreement, All of said informadon, rel3reseutations and gnatistia18 kre Incorporated herein 1�y
reference.
U
I Packet Pg. 1315 1
I1nCJJRRI,I Air"r ll 14A AarVA A A, IIIASa
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DF-O A=== No.: 10092
]"hil; Agreernent shall lw coristrued under die lcNVB of die State of �rrrda lanid,%lenue, !Fo�r any
actilirns,ansing out of'thi,s Agreement sbA 1)e in the Circiait Court of I con Courity,, "Fbe Parbes explicitly
waive anyd& t!(!!j' j=y trisL
rovision ol� this Agreement is in conflict vitla any applicallilie statute or riale, or is
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LID1011forceable, tlien d!iat
Prolillsion shall be null and void only to nwdie extent of thic cote flict or
Unen1brceabilitv, and tat p
hrovision sIrRA be severable frorn anid sbO not invalidate any ciffier Provision
of thisAgreemem
(,&) An')rpowerof'appr�,)v�Rlord,is�a,p"prmr!algm!MitedtoD:II EO,u�nderd!Metirttn,,!solftiiisAgreen!,icntshillLU
survive the terz!iii of dtis Agreement.
(� I"his Agreement rniaylw executedin any nurnliet of counterparts, any one ofwhich may, be taken
Mrs all original.
(1) '11re Sui!iiredpient skilll COmPlY With all R'Ppbcalrle locA state �a�nd, BI laws:, incluth iding ,11111,
Arnericans'Midi Di4��)ilides Act, of 19190, as amended; t1w Hioridu Civil Rights Act, as arnended, Chiapt=
760, Morida Statutes; �,'ttic V ��l I of, t Ile cil�',il Rights Act of 1964, as arniended, (P,,L 101 336:, 412 U.S.C.
1 1,2101 rPq and laws mrhich, rohibit discrimination by pul)lic and priviac entitics on in eiinployment�
P
publ(err
ccoininiodations, tMisportation, state and local gnveviment services �mid,tiitlecr)mni�,�in�c�ati"O!nl!q.
a person at affiliatcasdefined in Section 287,133Fvas Imen, placed on die cota%icted vendor Est fioflo%,inng a conviction fara pullljltc entity c=ae may not
submit a bid, proposid or reply on a contillact to proilide anygoolds or ser%-,iceq to a pull)lic entity; may not
qul=ita'�!)id, proposal or reply on a contract Nindi, a Pul)lic fortity for the consUnict 11 On of repair of a, pubh'c
builidaig or pulilic vro&; i-nay not subimit Illmnd, prciiposah or roplics on leases of real prop"i, to a pji]�)Jic
entity;rnay not be awarded or perfonri, work as a contmaor, supplier, subcontractor cir cotsultant under
a contractwitli any public entit3q and may not trartsact btisinessvitil, any pubk enlr I ty i I n excess of ddrty
five diousicnid dollars (
,$35:,0(0) for a pericid of thirty six (36) nionths fUllowing the date ol� E�eing placed
on the convicted vendor list. BY executing this Agreement, tbe Stilzedpient re,
,piresIents and %ur =kts d!iat
neitlmr it nor any of its affiliates is currenfly on tlie convicted vendor list. "I"he Sul)recipient shall disclose
if it or any of its affiliates is, laced, on d!ie convicted vendor list.
P
(h) Rgtouant to Secdon,287.134,11,2)( all, entity or affiliate, as defined in Sec4ion,28 M"hio
has been placed on Elie disirru-ninato��r)ry list my not aubmit al')id, proposal or reply on a contract
to provide any goods or sces to apublic entiAT, may'not sulmlit a bid, propo&dl cir reply on a contract
Midi a entity for the construlodon or repan of iR public lnlilding or pu'I)lic wotd; may, not submit
bids, proposals orr replies oin leases of real property to a Pul),lic entity; rca]�,, not II)e awarded or p,i:1mfbnn
ivork IRs a cot� tractor, skApplier', subcotitractor or consultantmider Ia cona!'actundi any pul)lic entity; and,
may not transairt business with suy public entity. Byexeci�itingtWsA6,reemen�di,eS�,gbredpictit!t�e, resents
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and warrants drat nipiffict itnor any oohs affiliates is mrmndly on dic, discriminatory vendor list "Ile
Subredpictit allall, disclose if it u�mr I of its affiliates is Placed on d!ie disctiminaviry'vendor list
(i), All 1)ills for fees or oft!'er conapensation for services or expenses sball be suInnitted irk detAil
sufflizient fbir a proper pi'�atidtt and post -audit diereof,
0) Any, bills For timvel expenses shaR ble sul�inritred and rbursedl in accordance vVidl Section
112.061, F,,,S., t'he ruirs proroWgated theminder and 2 C RK § 2010A174
Agreement,
any intercist incolne shaE eithet t%e zletumed to1)'E(`) or be ap, ed agansit DEO's ol)pigabon to Pay, d!le
Agreementaward amourit Pli
Ile, Subrecipient bere1q, ack!noorle�irr
es diat die Subreciplient is subject to Floti,da:`Iq Government
in the Sunsidne Low (Secti,on 28,16LI 1 1 IRS ) respect to the meletings of d�ie Subrecipient's goventing
board or d!ie tneetIllgs of any sulicommit'll!15C Making recortunendations to d!ic governing board, Thic
Sul)recipicnt herel)y Wees thatall such aforementioned meetings shall be ul��ihcl,
P y noticed, open 'to dre
,public and the Minutes of all the rnectings sball' be pubk recordis made %vaiW!)le to die pulAic in
accord=ce Nvidii, Chapter I 191:,E&
'rn� ]le Sub:reci iientslaZ cornpdy m&h sectio�n 519 of]R L 101 144,, die Depmtrnent of V�teraas
, )i P
Affins and flotising and Jib= Development, atid Independent Agencies Appropri I ad , onsAct''1990-,and
IF
I Packet Pg. 1316 1
nnn,nimii, 11,11"M 1111 1^ APIWIMA AR8ZK-A,;Ai:::: 13AAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DRO Aweement 10092
section 9061 of lc 101 625::, die Cranston C;onzalez National Affordable 11ousing.Act, 111990, by having,
oflexecution of tlds Agrettru,121, ='idenfrocitig, the f6llm%ing
L A , dix:y, prohilx1ti 11g t) IC Me of excessive fritce by Law enfi,
radix ncetrient agencies vdtldgi its
jujudiction against Rtty indiinduals enpge�l in non vialent cisril rights dernonstrations;and
2. A policy of enforcing ap, licable State and local lxws againist physicaBy Ix
,P rring entranee to or
exit fiorn facffit�? or lo(!�ation wbich is die sulbject of suf,:b non,,...ion cnt civdrigl its demonst=6ons
witInn its puntrisdiction, $
(23) LA3,1bbying Probillition.
(a) No fands or other resources received finm 13,11]'11,0: unider dots Agreement tnayl)e ined directly or
indirectly to uOtLence legislation or any od!ier official action the MotodaLX&Iature or " state
RgIMICY,
n,:i) signaturr tofliis,Agreemera, that:
L No Federal approp�dotcd funds have bleen paid or 'sAl be pmd, by oir on, E)eba,lf of the
Subrecipient, to any persoll fbf, influencing or atternpting to itffluer=ati officer or o!Vloyee of Rny
Rgency, a �Mein�ber cii:f U)ngrcss,an officer or enijiloyce of Congress or an etnpCoyce of a Meniber of
Congress in comiection v�d!i dieawarding of anY Federal contract, die rnakiDg of �any, Fcdenl grant,
die making cif asq, Fede=1 loantbe enr=-ig into of any' coloperative �ag!ii!!�rement, annul die extej!NRion,
ContinuiRtion, renewd, iarriendment or modification of any lFecleral contract, grant, loin or coo, leratrirc
agneelzento" P
Hany fimir6i oflalar t1han Federal approprrted ffinds hav�1wen paior willI)e pid, to stlPr5oll �fzicng or attempting to influence an officer or emloyee of:myagencjr, a \,fermIxt of
Uxagresis, an offl(:er or eiriployee of Congress oran entployee of alNdembier of Congress in contlection
Nvith tbis,Fede�ml contitacr, gnant, IoRn or cooperative agreement, thin Subrecipient shall com, l,ete and
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submit Standard Form 111, ''Dis(Iosute porlir to 1"Report Lobi3ying," in accordance with its
histrtAcdons; and
I " ll'ie Std;)recipient shill require fliat d:iis certification be indulded inn doIe uacvruu 'll docwnents fbr
RII Bulmwards at all tiers (ituluding sulxorltrRcts, sulilymnts and contractq under gmnts, loens, and
coopentive sgteenient� ond that RE subtecipients sh,all cerbf�- atid disclose �as described in diis
Pacud ra, ' i ( 24,, above- Ibis cerdfi(:adon is a matmal re, resentad I tin of fact upon whicla reliance %vas
P1
placelid witen d3iS tranisaction was made air entered into. Sulnnissk)n of tEs certification is a
prerequisite FOC nraldng olt enteting into this tt"Ansaction imposed by Ali U.S.C. §,; 135:2. Any plecsoll
who fifli's to file die required certificadon shall Ise suNject to:a civilpenalq, rasp" toot less dian ten thousand
dollars ($10,,000) and not more than one litindred diousand dollars ( $1010,000) for each such &jlure.
(24) Copyright, TrAdern ark,.
)�ny and all patent riglits accrumg under or in contiection vrith the petfiirmance top flais.Agreement are
herieby reserved to the State of'Rcaidi, Any atui all copyrights acmjing tindeir or in nn conectiomiiffi the
plerfomiatice of thisAgreeinv! it are perch trans&tred by the Suixrecipien't to die State of Florida.
(a) Ifthe Su1brecipient has a pre existing patent or copylighi, the Sui)redpient shall retain OHghts
Old, endrietnetits to that pre existing paralt Or CE11pynglit u1nIess the Agreement pro6des offiermnsew
nJ�) If any discovery or invention is developeid in t1ii.- courve of or as �a restAt of -uoik or sein,i(!ns
petfoxnied,under this,Agrecrnent Or 1n any,way connected,,vith it, the Subrecipilent shall zefir 1he disco%n
U UY
or invenfilion to II IIIEO for a detennination whether die State of Merida will se e k patent protection in its
name. ,Any patent njetts accxuing under or in contlection aidi dae petfintratance of t1iis ,Agreement ate
oeserved to die State of Florida. if any Ijooks,manuak,� 61nis 10jr 01 1,
=r copyrightal)le m2tetialare produced,
the sulbrecipiellt shall not!L�rl),EO. Any copyrights accmisig under or in ccmnecdon,%vith die performance
undex dna Agreement �are transferred, E)y the Sul,)re(ipient to the State, cli:f Roji4la,
(c) Wid�in thirly (30) calendar days of execution (��)f this Agreement, thile Six1)recipi=t shall chsclose
all intellectml properties relating to the, efffirmance of MilsAgreement which he or she knows or shold u ,P
IN
I Packet Pg. 1317 1
DOWSM EMMIMM III', Af13AAA11 P"tie V21fl1!!!'%,AFM 41:::11
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Agreement No.: 10099
knmv coAd give rho to a patent or cqjQht, Ile Subreoomt shall re(.�dniIdl r,uid e,aiticxnents to
MY Madating intellectual jinTetty, vf is sio disc!losed,, 1,"Za ihir t!c:y diiiclose vill, il If"ficatic d%at no wllY h,
prcq!,terty exist's" asird DEC) shOl have the right to 0 pwWrits and o,,�Pyzi, icli accrt',if diuirg
perft krriunt-we of`tlhAiiHPecinerl"t,
(25) 1.,ej I AizthciVtiziatic w.
10 Me Subeopierit certifles that h �I llas dim lqgal zud:io6tyj,!o j!ecr vo d!m this Agreetnent!
atid diat! its govetn�rig has ailfl ior�fzed the exccution, atit � ar,!eeptanr,,!t of this ilignt,.,cir ent. The
Siabv,,-,�cipicnt cettifies that tl'�e undersigned penon him the wathod; to legally execute mid kind the
tol tlie T:anris e,!)f his N,,,gteerrwnT:,, D] it!s diiscretilr,'�if;, l ir", doiis,:aentatian
evideni,� ii,)�g t�h,e f u,��dev,,,dgtted I'm 1 motl[writy to the to tilil,", r,,,'��,gremnent as oftl ie date
exemaks any Wh docurnentsdom isincozpartit c�l, het refi,,!xence,
]['he Stdneopiftlt UMUZOM &L" to the of its e, the. is no pending or tEu eaf:t, ed
action, jitur 'eedhig, WVWtkSdOM 01 Zny other legal or finw3do vvay prohil�dlt,
NtY ac dii % SuboQ%all &Uq SiWsy Its Agreement shall
imtrtiediatelynctffy DE�Oinvv�otisig if" its aLn1fty to perform is curniprotnised iii, Tir",inuiler Cluirug te:(
of 6c Agreernmt.
(26) Public Record Responsibilities
In on to es nuponWity to ditmctly raponc� to nt6h re,ii"est it teceb;'es fi,w
,f,;nfh tJ,,ds Agr r en t and to provide al plica]'Ae PT,1'wlic rer,,,,onis it:, to
9111ch zeqtieet, the Sliibreci�j!,iient Bh,a]l nc� tifii DEO of t1i.,n reeij,it gti�,d Coro'colt of "all surl r arpusts kryr sc,,dh tg
8111 CICCLRII, to VoWn one (1) 1n"niness �,,�iay ftom if it ipt of die request,
(�!!i) Tl-ie Siibii!,t ciplent sliall kc4mrl rwai"ritairit :eqtadn�d [)EO to perfoiit,,,i the
Stibrecit,rient's hereundet shall, reqi,,mst , 'c�,rn DEG's ci,mtoidiatn of
piibhc tect,!otls, j�,iroviii fe D]���O �;,;,ith �i, copy oft]n�c! rier"'juested, reco, a or a llcr,�Xv� tl%e records tr!i be
iPirwp
!ir cc�,l �i(,�,idwrfhiri� a reasonable We at a cost tat doe s t'l� 0 t e=ee, d ill e r'!= t Pw%ridc(,i 11,,y Chap,t( 119:, F S,,
ror as atherwise �[Ioe S�al:aedpiera sb,� �l all( nx�,,, public access all c1ociariatnts, lespers:1,
e or receiiied by die Slared;hentin corj-1,inctio'n "Vi'vid"t diis �ecnnient,
t,]'ie rec:otids are exempt fiorn �Ilirficic Sectiorl ZQ of doe EI,cxida mid Section 11900):,
RS, For records arade at recalired by Stibtf ,,cipient in c;npiaicdon 1]!ais zl�qp!eeineta, tixe
cipif":,rit shall, zespc�,tl(,i to It'( to lr;liper,,!�t� in col y, Bii,i�,:,h ords in accordance vvitla Chapun ��, 19,
FS � Or Hipp ir tich refpaests' E"")z recovils Out arm PUM Mecows, as j,,r1zbli1r,,,, recoulds Rr definedirt Sectii�!!4n
119,011, FS, the & Cf)'teCiI)iCV,t WE be responsible Q PwvWhg mwh r.,�,iublic Pei!! tl,�ie cost stnu
t,�uirr, ded in ('� I I I IT, and in acandwkcc,,v,,, th all other t( �,,qiai rernei��ts 1,4' Chaprf,,,,,,r 111,,), c)c as
ot,lieri,,wise! prcr%rided L'ily, istw,
0e[)EC) ft,'ntefusl the S�ibred�I�irttc!,,i t:onaply1Opm
at to pii11xlic acce"us to iirare or reciiied theFdplicreic:cirds igntills
eli
tpi
If, fruit rn,rtposes of, t1lis ieetnen% the SMOp[4,,nt is a as Sect�,f,,
I MOM 0% FS, Coraractoi"),,tfie Siid.,weril slndf ti wisf6r to DBO, at ry Y
cumto DECI 01 tipori WIdIg barnirm6an, of I is cenietitor dicel'.,)i siid
Maln'tain jl'�If ft')rtriffieset-i ice, Iftbe Stjt%j!)!Cil Xi t (;ctitractor transfers
iE puIdic records w the pubbc agency trpr,!)n ,�)fthe ,AqVeemero,!, t] w St,ibredpiir�,Iat contractor
"l,lepduexernpfratn 1,ni,fl �H( recr,,ndsshall rilestroy rr+yciupcp
disch �mau,,e ret If the worimactor Saps and lnair�tail,�,s pul!,dlic recarcis 11"Lpot'i
completion of the Agrmniaent, the cont=ctor slr,,,all ,rnir,,,�et alll apjilicafwle r r
rctailligl,g J)'111",31lic records ni ai cozdar,�xx ,;,1,,,ith ra 119 &nd 25 7, FS, rkll reli ordIs stoierl electtonically,
rm4fa! be proirkle,,'! • to reqtte,�,,rt� &ogia D�ECY's ofp�,�bhc i"ecc,"w S, in :a 6,i rnat tla,'At is
c:ornjia tible the txlnolo�,i wal^,0em"rof'DEU,
ow,
Packet Pg. 1318
�)OCU'SM 'u'u ll"Wv lllooR Ilmt MMIi &�, A .m AAA AAAM iYM. n..
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
(c I: 101 does es not possillisisa t' lm 'ud requested flarougha, .mil m:uj 'mul 't AW
wu hired' ient contractor off"'the request est s soon as iJe, and the SuIxeciptent connoctor i ust
m
;tm� um:m°'u to � t1:^° 1 or ' u w true records t prole inspected or copied uu�mt uumm ' reasonable time If
tuwmmuuu"mu t� uur
., . � �� pw u: ��.l.l mumufmuullum tlfimuu,
the a � recium m�M-cone
mint m�muu � mmm°t t� a ��� � m
tractor m marm m�.m � �� � .mmm�; � um
p,romions et. forthtnu.t " mwm ent unlwmeci m trot contractor
um rot pm:�.'mm mm reasonable p m l m ii wm M
�� e subject to pemualtt a under Section tma^ n .119 101, 1
ummt " � 4 � � � � .,�w�.@l��m�ll�urs m�����m�� m� ��nu u���m'� mlm�m �m�wu"� m�uwu" in
i �"I III pmmm ��thin vlm'mmt � tu'mrwnu � �'ml.:umuuum�mluu.
,, umu'u��m mw'uummt urpu�p mutm III Oum u�ums'mummm tm:'i'tm�m"I t.luu
rep cou:mrs mud:
business) 1mwy anyone e t::mm uut um.uaea �ept ent t vmi� II' .Ilf�n� I"be ubrecupuml out pu ll wumulmu�m� twmm course
III E
protect die ".rot ,t ">';� rightsIv� t� a �w �W,�..t'rr� '�,� il'u"s"m^ t's mt"mTM'm�"�i
(g) The Subrecipient °acknowledges that 'II]"D I.S uuull)1`11e t to die provisions of Chapter Ii'.1 S 1,
relating to 13itilAic records- and fliat reportul mmuvoicmand other dumuuummuumutu true Sulbrcdut 'mmt wwubrumit to
under thisAgreementconstitute mmtlmc xecords under III lrequirements
ruu�Statutes. °.0 u�mumu�u�luut ump:
p
cooperateutu u umME01's f!s to umpl mutla tmrequmwe nts of hapit l buS
if the umbmmeciptwnm'aut muu�lcnitmu records to, 1.1)E0 tam' t are confidential, and exempt ft m"um pumublic
m isdoimuure am, track, secrets or propitietaty confidential, busitiess tmm.fmcorn girt, such records should Ile
identified as such
irecipient
each t tom nth � e' requirements u, " Chapter 1 , ° dot u�u lmm tt roof t the ordpi,l of for
1
mmuu t submittal rum ��R�� marm:mmmtu� t�wuu IIEm'�
serves
irec:4)ient's waiver of a claim,
t�i are ex mmm rots r on uu"��en mundexe exempt itummmm'umu�mlmm � � records
o exemption "l�'um� uu�m mmm mi mt:shal m misuuum .AIIAu eco wh,
0 lair for the m uumuumt�mumu ofpt�m ' m g�mu utmt � m umum �mm� m m 'rout mug m'umur disclosed
uu
exc
r�e. smut mmmm.mu'u �m ..�mmmt..�ummumtmmmumtumu' um m"mumt t°:. uu �1m mumm wing u��umttmutu. um M.mu'
u u dre " uu�mu mui records to D ; upon commmm,.l t.t.ummm,
m'mmm:hadi ug t° .m.amtt,on, of time Agreement,,
,.p 1 IN APPLICATION' F mHYrER 1191,�,,,,
ST.A
1,.,a nCIPIET, ICIl.wR,A.R�illl�Dt„11TPROVIDE PUBLIC . ,FOR,
m PUB11CRE ,01 S y, telep'l-ioneat
2,451C( ,U °R u���T ',
�� „�I 1. Via � �� N Il iim a t��t a t u u m� t r� @
YY� I 0 ��n� f "4 I Ar
Departmenti " Illf;; lm,,m m 'mr m:iii, ,� rtulli'�,, ° ,,,m ' n . ci 01 iY°'
le
umu � ''�rlumu die
I� � 12W tileum��uu,�ll m m�mt u�ummll I°.m�u�. ��.m,muuIY lmut fiat
m�n'Immmum�ttuumum mm ut nit^,
nd, umuu�mcontuuummtumm uu and
State m.tm a , �mi.m.mlIllu hum'
the !uummuu their officers m entu� 'amid a nsp �u �from suits, actions, damages, ano t: of
everynatne
public record loin iicladmumm� � to emu caused m u umu 'amm t°um' mud requests mmm
u Il description:, including ttmum mm m:aml icing mm� r relating to public muuu
t m, die uuu uu mm a mm m mm t,3 rots agents,
emplmm mm' �. t
uuumtmmuuu lutmuuu m�' °muull.uutm��um�u'uum �u �a�umummm�"mumu that the �um��llummm mm'mmt um�u umm�.
Qua fro° t�.ult a utmm
um�I lummiou °�u dull tau' uu .' m u
mmwm�uu � p uut� � um mmuutm m��m,m«rot mum, muumm mw� u..�l u muu ut mmm Rio t t umu mumm m.,um uu.
l lEZ t:mm rot. s lm mkt cm tum�'m'u i.m a the i p
��t, Imumt not the mulAm;tiummua to emu"mm°' this
indrmanificadCM Ptmuuµ mu mow
° I u..uul.umSubject
.u .m� cuu
t �uuu t� w m�mum�u.
uu t to Cu rot119, ", S
ui t cipent lial not publiclytumm�ruut any immtmummuummuun� tis A „elment Woutumu,o
or
written uu.uuap fmmuqE aincl u u�, Initmmut limited to,, uemmtumuttg this Agmctnent in m mmuuu
release
IM
Packet Pg. 1319
C)DCUS123,1111 111 1At 1.17!'Mii 1,11 A i All uIZAAR I,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Alpeemwt No.: 10"2
or other promotiomd up �r[icr�l�
DEOrtlk)r1ecipilent"s name and descril?6cin of title Agreement or dietiame of D,EO or d�ie Statin ra elaq
inaterial pflilislied, cidier in, print or 111leCWD13iCft11Y, tO Rtly odier jet6ty dtnt iq not a Rftlt�ir to fillis Agreement,
except,potend'al or actual employel agents, representatives or subcontractors mriflt die professional, sjjl115
necessaryto PeLfb= thework se-tivices required by t1te Agreement.
Mie Sulnect ient shiidl col vbt��!i die requiremen is set �fordi in Section 'I 19.0 7011, 1:7,,S when
P 11 :�
entering into any puldic agency contract for services after d!ic Effective Date oil' diis Agreement The
Sulxr I edpient shallamend ti of die Sulnedpients public agenicy contracts for services already in effict
I I or in part
�a,s dw Effective Date ofdi is Agi!,eenient and whicli contractwill or may be Funided in,wholii,
I i
with any pullc [�,O may terrainate this Agreement if die Sulnecipient doles not comply ,%ith this
provision.
(27) Enipiksyment Ell''V111111''Jity Ved,fication
(a) Executive Order 11,,416:, signed IS11ky 2 7, 2011, by die Govcrnior of Morida, reqUares 111�111X)
con tracts �s excess norm al vgue to mpressl),, reqwre d!ie Subredpient,=�
1, Utrliae flic U S De !artinent of Homeland Secuntj
P ps E Vetif� system to vctj� d!je
employ'ri e4k%ility of'all tinv einpiloyceis hired 1q, the Subrecipient dtoing the Agreilentent tenn;
mod,
Z, Include in aU contracts under 'this Agreement die reqUiri=ent diat contmetors,
sublicontractors, cotisultanti; and subteripilen is perfbisningwoilk or providing services Pursuant to dlis
Agml, y B, mploymbyo� all ew xhy�rrrt rsgliats4n
the contractorncWmcontxact
'ro'
looV� system can be Ebund at:1111e Deparnetof FmeandSeciatityE
(c) U the Suixecipient does not hiavcat� Nfaul in fil,ic It", dile Subrecipietit must mroil = die
E-Verify system prior to'hitting any new ernployee after flit cat�hvie date of this Agteement.
(28) Prograrn'llicarne.
"I'lie SUbfCCIPiet3t shall rieport to; E101 all e (as defined Rt 24,, CRI1. s�ilol.50101(2
D" I Program 121COM I )
or in die Federal Register Gticdance goveming t1he C1111)13 G` DR ffinds) generated actiltri'des carticd out
widi CDB,G DR finxids xnade avtile under t1iis Agreement 'as part of die Subreciplient's Quartedy
Prcl Report. "I''be Subirecipient shaJI use pri iticcime in accordance with the applicabile
requirem en ts of 2 11 Ci,F It. Platt 2001, 24 c°1raseour
Rt 5705104md die tc=s of diis Agreement13) Plroi��mi-ni�ncoinegcnumted�iaftslia)lif�)erCtL�rnedtol)��EO�,, 11rogr
an', Ancorric gmierated
prior to closeout shall be rctx,=,ied to DE 01 unless the ptoecant incorne is used to furidadditional units of
C, ),BG D,R activities, specified in a modification to dais Agreement aild duly executed pdor to
adttdnistrat'�Vr CloScout,
(29), National Objectives
iUl �activ,ities funded widi C1, )B1G DR f 'Inds must meet the critcri2 f�x one of die C EG programs
D1 '
Ke'donal 011jectives. "Flic Sulfrecipient certifles 'that Eie activities carried out under dils Agreement shall,
mect d!ie followfi 19 national objectivesand satisfy, tbe fbllzmd!�ag critrr�n:
(R), Benefit tol lovir and moderate income persons;
n,�)) ,Aid in Prev en tion or Chmination of slunis ot bligirt; and
�) c rtfeiet a need having Particular urgency (rel''eicied In as 1"Argent inced)
(30) l,ndependent Contractor.,
q) In die Subrer! i1eirr's , erf6miance of its duties and tesporrsibilities undier this Agreement, it is P P
inutuaUy understood and agreed that tile Sulnecipient is at 0 tirces acting iand performing !as an
mdelrendent contractor. Noidiing iti di,i,s Agreement is intended tal or !sbaU be rivio constitute an
W1
I Packet Pg. 1320 1
C)00,0011Enve�011!1118 111ID!! AkC21,6,111'1mi rill N 1!!!,q
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO A—are.ement No.: m92
relationshil), paxtriership or oint ventaue tmtween, t' e Puil!�
J h Iea. 7"I'm Sulbref,,,ipicnt shall
lt all times rtimin Rm indejren�,eat uantractor with xesjm(:t to d3c services to I)e perfc=ed InIder plus
AVeement. Nodiing in dds Agreement shall Ile cornstrued to (ricare anji, agency or employryIent
relationshi, betwimer!I 1-)E0 and tl!ic, Subteci itta,,,its enap�oyees, udmovaractors or agents,, Neither FA
P P attv
Shall hwve any tight; pmkrer ormadiority, to
V "i"Munle, cte ate or 111cur—any e3l�pcnse, liability, or oE%bgadon,
express or implied, (,!)n lwh&lf of the other.
O!,h) "ll Stibre"add pient, ius officem:51 agents:, idmployV es, or Rlssigrwes:, iti performance of'
d!3is Agreeinent ishiall lact j13 tbe capamt3r of �an itide, endent (,zftrac itor �and as a not rI officer erl Ce,
agerit, joilat venbirer, or partner ofthe State of,Flotida.
(c), Subredpient dhal) hwve sole right to co�djtroj the manner, rniethcid andi-neArIs 1)y Whidl tl3e Re.,miceis
dilis �kgreer.1111!!Dt art", Perf"C'mmel:3, DEO shall not be ri,-�mponaible to hirep supervise or pay
Subrmn lienf's eznphr�j,�ree$,, Neitlitr d)e &,Ibrecipiw! it, i�ior its officm, qr ts:, efix cnItractors or
P P l ployees, l
assignees ate endded to State retirement or State leave hetiefits:, or tx) at:jy od1jejcoj!x-1per18R6orI of Stete
C11,1plopmetit as �a miullt of Perfilmt-'r1ing 61 e (3uties atid obligations Of thiSAgreemerIt.
dµl1111C sulmerip" cat agrees to take mich actio-as as may I)e necessary to emmuxm", thst 11-ax-1)
��De deemed to 1% 11 e an independen't couttlactcz zmdd ,%i, not bc e omidered or Permitted to
tm An Rgew4 enrployce�, silatvarit, Icaint'ventui, or petrtner of the E ) tate of Floti&
,,e) Unless justified by dic Sulxre6piient and q ecirl tif,,) iT D EO in the &zope of Wod,,,�:, DEO will not
fian,iish services of su;)PI),tt ((�,g, office spaco, office stipplies, telephone ser6ce, secretada] or clerir,gd,
g
support), to the Subrecipiera W its
(f) 1"`x���O shal,1,, not be responsible for vzddibolding taxes wifl," respect to t1he Subre4zipient's tuse of
futids Iuvier tL�is, "kgreement . ..... r1w Sularecrpient shall havie m) claim agaimst DED fbir N,matiorl JTay, sidt
2c,ave, redremetit lxnefin:, social, security, workers' ccmpensa6ir,,m:, healdi or disal!dty lwnefits:,
fx:mmployrnent assistance Irenefits cir employee Imnirefits of any kind, The Stibxecipient shall m mmjrc that its
(MlmdlddIployces, sts1motitrictors atur"'I oth(�'t s�(Urts, receive Ex-mefts and, niecessary inFULMICIN, klhedd'4 'W( rs:,
r"dd
mm„ma arumustarice lImefit,0 &OM REI emPlOyet' odlet, dlari t1m State of Florida.
11111- subrecipietit, at all tirnes during the Agixx,,mera; mu,sr com, ly with tim reporting axOi
,P
Reemployment Assistance conttrtmtloll, r)"lent fecp,orItments of Chapter,443:, IT'S.
P�ji D EEO shall not provide my trainingto Sulirt,�copient, its em, loyces, assips, af gent% represent ti es
01" SUIxontractiors in the rofiss"don"11 skills necessary to perfbitl - the woxk service; gequired 1,17 r[le
Agxmnemt,
R
I Packet Pg. 1321 1
V"lmnpui, 'mm^mumd isumimmdillho111111111dif'I'1411IY,4A A4piMUC JAA11' MA.mn
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D- i A.2teement No.1'
State ofFlorida
Department of Economic Opportunity
1 r a! ! 1 ) r A 1
Signature
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments, and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
fic
MONROE C(),144 i'A" BOARD OF DEPARTMENT OF ECONOMIC
DocuSigned by:
By By
c R�
Arl 6341 _.
Roma
n Gastesi Ken Lawson
TitleCounty Administrator Title xec i c r
m... .... :..........
ate',,,",�SiE'Y r`Y Via;; s J,c;i, a 6/4/2020
Federal.., ����.
Tax ID # 59-60000749
DUNS # 767570000
A ANT
.
is aed le,
r " o fixi1i and proper execution'by IIil8 .
OFFICE OF GENERAI. COUNSEL
DEPAR�TMENT OF ECONOMIC OPPOB"I"UNrl'Y
DocuSigned by -
BY:
�ctu>1t,S ,�WJAan,
_......, �b n.S,917044C9.:.. ........ , , .... ......
IN
r t Date: ... 6/4/2020
Packet Pg. 1322
„Imn y iRin ii IIi���uwh�'mm'saIllYV� Ar,?IAV A A,Mu�J!4..�.,%,AII uAA,A...eNi.Wwi2.uu:�wlA�MuNm:::p” I
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
EW,EO Agreementw., IOW2
Attachment A — Scope of Work
1. Project Description
11c U & ':amam ma°manna aaW:mnaaa"the State of :o� ���
�� m,t
131ocL Grant Manmage t g� mi:7 iT�°"�µ�'lu'� A) dec mm aaa ticia amcte by �:: a caaa lm a r aua an l
aeni:Y
of the lmmummmmm mm DevelopmentZk o "7 2 ' United lea
aun��:nmmm�ia�a� ammmru�a�a .Il.m � � . '� anaa�.�ammm�nnam::n ��amp � � u �a�ma"
(U.S.C.) 530,, a a� ), and m �ascxfl,.ned i. moue State of lodda Action Plan forl,"Nsaister ec
"atom in dile Voluntary Bome
an��"'� ���t�`
Buyout
inconic
ons,un�a � m
& I�!are
in
Special Flood:Hazamm ra (SF k):an
in m risk - flood �am nmamaa��a a t � �na. amnn �aaanam Property
Emmeris aaama,ata^
outside the fl=cat of floodingwidi the Focuis on properties that do not ha%ne flood insurance,
Ma mma ate two o,
n°nam �a.a damn u.ma mama�m II qua:n.m°au. mm mmmna ma dam amdm "amm�g,mauamag
��°m Federal a mgovernment.t"" t are qs ligibile fox theHazard :��fitig ti Grant Programill' �':NIGP) m ou e d y
"II tuna second aptioan mµs rim a ak& directly, airb Dj�!�O to acquire o ntiguous Parcels O
pore tees of residential ntial ea m rhat naneet lour.and maaodetat income area regUir ments, and,/or iassist �amaar"""w
maaaa arate.i:mmm,aaaa:me buaaaaaahmmli a
2. ci ient Responsibilities
Mol"ICouny County
�oLIl coed thi. pro adesig and rnl tad0
a B oaaafn andlaunch
its, on fima���,mle mema nn mpa ems tosupport pport the
roper unma and co mmmnammmm des recover from stonn rtL ted damage ag due to Hurricane n. niii iiaa fblioaara
I. Complete and submit to DEO,vidrin 45 1 of agre�ilnent exe ution,, m as il: � g pl= for the
Monroe County oar aad'' mnaaat~;'ir Commissioners CD13G [),11 "Togo ram that xtcl de
am Orgar=Rtilunal amp°ua:a ,u andl
13 Job descriptions fior Sna'piemafa employees, contracted f� vaauamrs„ and ammmi^acu.omaw
c. Scol)e of work and pm iment Plan for 0 contracted at� " etrda ms,ancontractors
. Develop and aaOr� ni:t� a copy of qua^ follo : ',Illm ll�m' es aud procedures to Lhe III mI D a .gpeentent
Packet Pg. 1323
J lev%iuAlirm 1111"), APID'u1i 1�A AuRM9-AaAiI!!: MAAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
*E0 Agrement 146.: I1i92 .
1, Pi-ocumnent Policies and procedures diat incorporate 2 CFR, Part 200.31 7-326
Ix Administrative financial msnagement policies:, which must comply'vithau applical!Ac
HLTD CD,BG'D,R anid Stme of 11oruidq ruleq.
c. Quahli, Rss=ance and, quality control systein policies and Procedutes that comply with
aH applical!iile TIUI) CD,'BG DR, and I,)E01 Pohcies
& Po'li,cies and Procedures that at amiaitnuni:, inc ludir inforzii�istion almut dieVIM
application process,application requimnents, undetlMniting criteria, compliance
regiuremouts, and repordng med mdology
01
P" I'lolicies and procedurii,is to detect and Prevent fiw,Lwaste and Rlnise that desclilx how
ffile SUI),red, ient vil,l ireiif� d�ie accuracy, of applicant infbr�na�on, rnoni I toin I ng
P V Policy
indicating hmw iand why monitoring is conducted, the fiequeng of monitoting, and
whichitenis N;U b'e monitored:, and proceidure fix refeving instances of fiaud, waiste and
abuse to HI M 0 l G Fraud I Io d,i:ne ( ,pboneI . ...... 800L34 7 3 735 u�,Xr etnafl�
ijg'4411.
Pohcies and procedures ffir the reqwrementsunder 2 CFR 200 U!n!iiit!ii�!n,,,Admiriutmtive
R equirements, Cost Piindples:, atul A udit R.equiretnents for Federal Award,
F�ztal)lislii and aidnau!xister 2, sy'stan of'recoird, and Production and grantis management reporting
systems'widiin 45 tlay's ofagreeintnal execution,
than 60 days after die execudon of t1in subtecipient agecemen t.
Completeand sulmut 2n Acti,ity Work! Plan (Attachmient q fw �r,!a, Pproval by all " M����O DO ]RtCr d913 1,
,
30 da3m al`I�er d!ic exe�:udrin of dic stibrecippent ageement
6. Nfaintain, orgaini!2!�edsul)rf.,cipientagreeme�iii2,t files 'slid make die!m acceigsilAe to I )I1,10 011° its
rEpresentatives upicin request
17 Compbl, with afl terins:1121d coniditions of dw wilireciVitnt ftgrcement� Voluntaq flome Buyout
Propt"grn Guiticknes and'Dicsign, Acton Plati, Action Plai-i.Amendments, anid Fe&xal, StateMI'd
Local daws.
8. Attend finuld re6ted traming by ITUD OIG Vs assist in d'ue proper mairagement of CT)BG M
grant fiAnds m7ben availatille.
9. Update all applicable "V[ IB Policies and procedures as needed and upon DEO reqUest.
10. COM-3 lete P'Tocurenjent ofall vendors ibr ina1 gran,ts, ma
itagement!and compliance and di!g°ect
program and, roject produc:don, including:
aSdecdon of vemlots, sul3recipients, and/or staff duct willbe respotisflsle Frix mariaging
Ipplicant i,ntake and related operadons, comphuice, finance! and, administmtion;
b. Selectiou of wendors, suliriec:4mients:, and/or staff thatwW beres, onfl!�Ie fortnanagi,og
,P s
demolition atul/or C01131151MICtion:;
Suleclion, ofvendoris, subrecipients, and/or staff diatwiU, be responsible for, inanaging
I and and Stnxturc ��3'uyoutp' and%
ILI
I Packet Pg. 1324 1
11"IlRe'llicilmilim 111111 1N A0`InI5Ar9AA AM,I::& fta— —0--iP ^ A A ,,I!
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
01.
DRO Aamemmt N . IW92
d. Sclecdom, (xhrendors,, subeedppent s, and/or stafftliatwiII, Im responsible ffir Appraisal,
[
;I
Invironmental Re,6em° , He sierviccs:, and lqiral services
N
'I I Meet or exceed federal undemmiting struin ards. Subirecipients nrust estalulu sli under,%lm I tI I ng cm 11 trima
diat, at a minimum, comPlies mit'hi CDBG untlerwrittiag cri�cmafbundat 24 UR5 702019.
Project c:oistsmust be demoristmted to lets remonalale. All other sources cif financoag must I)e
Colnolitted or odierwise'unamloble to, d!ie applimat. lit` oject costs 21,just be ticed-based, and
documentatioru must Im sufficii.-cat to prcmis: fliat CD,BG 1"Unds mwill not supplant non federal
finand-,d i''unding or su,pport:,,
12 include t1he fbilowfi ig starement cin, &H prograrn niaterialsauld applications "Wiming A,ny person
whol knoming1v makes a folse cWm or staterniant to H UD may be subject,to dvfl or crummal
peng1ties under 18 U.S.C11 2871, 1001 and 31 U.S.C. 372W"
13. En,sure all �ro ectis seeking asisistance under the curmit C N G-"�'"X!
p � E B I)IR funds for 11=icane I Ima,
mid any fiawc finads a],locatedfour flurricane Inm,a, rmdeull iiy DEQ, receive d!ie required
Environmiental (",learance from I)'E01 prior to d!ie Sularecipient beirig �able to corrumt CDBG DR
out
14. Eimluate eadi grant applioant fbt d�ie Potential fbr duplication of Imnefit s and de(Iine any grant
arnount drat wo'Wd constitute wich a diTIrmtion.
I)evcIc1�!i and subrait a mondiiy rei�l�isled detailed Imidget tneasurtig thiie! actual cost irersus
Pro, ected cost [)y the 10111:h1 dal - of the Fokwing month.
16. II Tate llw lu and sul!i1mit a mondilytImised detailed timelke for i!mplennentafion consistent u,Vith ffie
milestones outlined in the V IIB pro&mm, pidelines and report actual progress aga!inst d�ie
pmjected progrms,
im,clop and submit b1ofl!ii a monflaly and qUartei!13, teport to INIO l iy ddie 1,0* day of tl!!ie
following mnnt'Ii or qUartiet, tll�at OtLdines the progtess madeto date, the projected activities to be
conipleted in d!ie upcomi 11 ng montli or quarter, stid any rish's or issues identil'ied for, die delivery
Of d3la Pf0J1VCt.TII3e repottS must incluide metrics that demonstrate the iI33P]CMeDtRti0D, Costs t,ID
da temath, Projected spenebtag, and any other infbtmation DEO detertimies is ninciesiSHIT,
1, R. obtain approval fimm "I )Xl1101 and lAA befi)11C collreying mArnership
11 II rovide scople of land use in acccrdance'ma flh IX'"l'O's direction, ptlior to, closing
20. Enforce the proper ],and we according to 83Fud Ig 59,53 in perpictuit,31, fbr!a use that is
compatible oith open space, recreational, or floodplaw, �anid wetlan,ds marragernent practi 11 ces,,
7,
2L, 1',In:fbrcc and momitox all decd resttictions.
22. Approve thip conveying oI! property a,nd thip ptopet use of land,
RI
I Packet Pg. 1325 1
a11mrilMI'm1% 111lll�11411jml!Aum% Air,11151AJ 94 A AAA,%,AMA11!2: 12AA,M
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
rME0 Agmemept NO.; 10092
23. Udlive a ceriffied aP proiser e r fbach properry-tinat is e4lble to be acquired.
24.
were caused,1:')y Harricane hnia,
25. " I lie Sularecipient shall adhere to the folloming deadlines for the projeir.:t. If the Subrec4im"Clit 'is
tina'ble to meet a deadline:, die ;,Lfl!)re4ient sball requ,eist an extension of such deadline fimm
11"MO ita mrritim'gn,A) later ihm, dilirty, (,3!0) business days pdor to dae deaffline. 1111),eadlifies shafl not
be extanded (mtside of die 'Teri,13 Of I've agreement except 1)):, a, Fornsal amench-neat executcd in
22
accordance %6th section (4,) AModification of AWeement.
Proaaml,')esigm and Implementation, as outlined in,
Section 2., 13. 9/15/2020
Completion of I lotneowner bulrout ard Incend 11 ves,
as oudined in Sectian 2., C. 6/15:/2021
CotrTletion of],,)ernolition mid Closeout
as cmflitted in Sec6on 2,:,, 11)" 6/15/26122
k Perfbrtn Intake for V11B Rpplkaffls, WhiCh S11911 include the follomang conq)onents�nke lica, •
011,�
Phone rzalls and/orin-person mleetings with, applicants
• Assist apphcants with p:rop�er documentation
• Revimm and analYze m1"Effmitted dotminentation
• Analyne for'lnanxmity, if applicalile
Task ZPerfomi VF113 EligjI)ility, mialysis which shall include the Ulowing component&�
• I'lerform application autlmdzations
•Confirining mmership
• Confirming pritnary residence
• Idendly priority stattm
Perform dammge� assesimment
• ldendAy tielmck 'to clisaster
• Income Certifications
• National 01)jectivies, [)ete=ination
Task 3: Perfbrm II1i),upkation of Ret'nIefits 00]13) Rnglyiis:, W"l dclkslliall include the folloNving
compiollelit&:
• Perronn FIEN&A data analysis
• Perf6rm SBA data anallrais
• Pierffit�ln NFIP dat�a analysis
•Perfotm Ptivate I Inisurance data amelpis
• C1 0= INNOY1 Profits dats analysis
• Perfailim (�)t1her assist=ce analysis
• Analyme spent fimids
•
Verif� futilds Nvere �;Tenn �For dicir intended pum rls�e
•Coinpdete DOB review
• Colmplete DOB: finAlworkshiect
2 "1
I Packet Pg. 1326 1
1."MMAURrii III!!!!!! ii�I%Mllimna 111 )Air191%A1jjA dflit A11MP IlAkQ nOrQ`)11!!!12AM %Mq
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
"I'ask 4� Perform flie,11cview, arid Approval of %," 11B applicants, wliiicli shall include die
fi')Ucvi� Ig COM (!jnet1r&!
P
Reirlill"W!aPplicant files fixt COM,
Plateness
•
)etienrti I ne pre, disaster fair marltet value
Determine finap, Hicant ebgil!mItun y/ awud ount
5 I award
snic 1� P
to eligl)] I applicant
• �Pplicant appeJ process
Task,5� Complete die lInvircitimiental Review, Record (ERR), wiiid!ii shall inc:lude the fbllo%ving
Components:
Analyze applicmat liouising to dete=ine proper E R, R,
•
lDspectton of,property
■ Complete deny I review
Cornplete 11er,2 review
Complete and analyze lea,d 1)ased paint testing
ComPlete and ana1yze asbestos testing
Fask 61. Perform Final Sicope and, Feasflbility assessments, wliicli, sliall include tkile f6flowing
CoMponenors
!�
•Redse sco e f`or State flikotic Preservadon OfEce GHPIO), requt I
Revise scopic Iffir �ead-lnsed paint inifigation,
•
R se scope forasbestos mitigation
evi
cast reasonal!)1enessand feasibili�y of die ptoject
•Conaplete and revin';r Final inspecli 11 on reports
['alsk! 7�� Comp'lete t1i,c nell,lizessaty Proicurement and Closing activides wbic'h sliaH incluide tbe
fbiloisling conlponinnm�
•
Prepare statement of'wozk for contnctor 1)id,
Plrepare and adder um procurrAnent docnrnents
nzvie%;, and respond to Procurement questions
R&vise1iid docurnents ifnecesisary
•Review submissions andselect conLracror
Conduct del)arment check and contractor licensing
�kw=d E)iid
ileview and tnodifr, agreement and awud aniciwts
Clciisiiag coirardinadon
Prepaze and receive eacrow
Exiecute agmetnent witla contractor
A I n on t 1=111
1'aisk: I Complete die I lomeowner Buyow and Incientive Prograrn activides w1aich abs,11 iniclude
die fbIlloming componenta�
I �r(xperty A,pipraisaLs
Legal Smnices
Conduct " "I' �11 We and lien searches
Unifi!=n RlIon Act (I ALA) compliance,'mrhcn appUcable
Recorlding feins
Perlorin homeoAmner'im-yout
•
Perform bon!iieowner incentivies, if ap iicall:nle
P!
FKxertite cloising docunnents,
N
I Packet Pg. 1327 1
1111111Ar"J%A11! �A A AMCAMA111111 1111-11w
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Azteemeo.: 10092
D. Deliverable III: Demolition and Closeout
��l lruk� 1 Complete D, emoh d on acti%,ideawhich shR11, in clude, the following cotx!ii Panents
Nodce to, Proceed (N"I'P)
Colrtmctor obi=s P.11 permits
Cotidmt inspections
Conduct 6na1',%ra1kdiro*
Task 2: Cornplete grwit iWeement Closeout Rackagcs %i�hich �!shafl, indude d!ie Fbfliovn't�g componenm�
COnIPICtC EMIR] ill!SpieCd011 r4q)ort
• Rinriew project files pz:loz to, fiwl closeout
Compi�e doseout docunientation
w
I Packet Pg. 1328 1
11111 1�f%I%AII'%4h AD-11:: "', P"111'. — —,- —11111w AA � 11111.E
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
4)EO Agreement No.: 10092
M-0) a A LW
Ille 'stud !Irccipient sgrees to provide the tbllom�ing servi I cesas tam ecifii.,d�
Project [)eIB*n, and
IIII, Jerlicnistion
,P
subrecipient 81111all comP
, ]etc an
,
e4lile deltverml!)Iis� task 'as detailed in,
Agram icl=311ent,k, Section 2, 113. Almve,
and
SW!xrecipicrit Shall Complete an
E14IAc delhierable taskas detu'led, in
Atticlianent A, Section 2., C
%Iiove
TnT-Wfl
Demolition and Closeout
SUI!)reC4)ient Shall, CQUIPI&C K13
EHOEdir deliveral!i1in task ias detailed in
Attachment A, Secii�iO!23 2., D.
allove
Minimum Level of Service
Iliubrecipient hAll Em relinburiseand coupon
completion ofs, minimurn of one g3diverable
task per housing runt as detailed in
Atinchiriiil!nt A,, Section 2,, B !,
evidenced by invoices noting consple ted
Laskswida supporii,ng docrariiii!ntation 11SUCIII as
payroU, itivoices from co!ri tractors, etc) ias
D EtI
Rppllcg:10;11,c uponthe apprOV91 from a' along
with d!iv sullxmissiot ofblod°!!ii 'a motitW)7 replort
�and a qwrted3iteport detaifitthe work
co!nlpdete(l in Deliverable :IIC: 'Me Completion
of dietnCIIIAlly and quartetly reports alone
does not meet the minitnum level of service
rnv&ed for m,,,inent.
MillitnumLevel of Service
(,to Bubmicroo request for Payment)
- . ...... .. . . ................. ................................ .
nie SuIxtedpient sh,all bin reimluutsed upon
Colmpletlor� ofa mininiarn of one project
d6vetalxle task �as detailed in, AttachmentA,
Sect''on-2. Q evridencedby invoices(s) noting
completed tasks with supportI1219
docianentation (such as payroll'itivoices irom
contnctors, etc,,,) a113 applicalile Lyon the
Opprovill From, DEO, atid along uid!!i dae
su E)rnission of lmtlii a nionthly and quarterly
report detaIng d!!�iie wotk completed in
DeliverulAin I I. Mir completon of die
MOIAN,y wd quarterly reports alone does not
meet d:ie mininnun level of setwice' required
For ra vrn,�.etit.
Minimum Level of Service
(to submit for request for payment)
I, be Subreci, P lient shadd Im reitninarsed'upon
,
Completion of a nurwzium of one Project
iliflirpralidc task as detailed, in Attachment A,
Section ' D; ewiiienced bji+iIIVO:Ices(s) noting
completed task�s %wilitki, support I wg
documentation �ummtdm as payroll:,invoicesfromcontracton, etc.as applicalAe upon tl!ic
appmvial tiorn 1)1'�O �iand qlungwith the
sulstriffs sion of I>offi atriontb1c Iandouaritrh,
M
1 0 W;k��
kurr tsar Perforna the
211illirel= le'vel of service 311al
!tesult i!n nonpRyinent for this
deliverable firr earh playrnent
reqtgiest.
I'linancial C01111getviences
Fai,Ilure to perfirtril d�i,e
minitnuin devcl of service shall
result ttm ncin, ant for this
,P yet
deliveralde for eacli payment
request.
Financial Consequences
Failtwe to Pedonn tElic
rninjirwtu level of service shall,
�riie!s ult in nonpaynii ern fbx this
dehvernlAc for eat:h payment
request
I Packet Pg. 1329 1
no,,im,n III t, i low a A 111::::::: 111%
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Aveement No.: 10092
report detailing the work cotnpleted in
11")e1i'ver2ble 111L 'ne comVletion of die
monthly and yxi reports alone does not
tneii die rnitumwn level of semice required
rc nr PiRymetit.
The Stflxretepient 'L° ,dl !x reiraInwilwid upon
coinpletion cii:f a naininrt= of loo Percent of
the a3v=cfidon activides for each prri
evidenced, by, die finial �inisplection of the site
aftler the activities have been completed, signed
1)y die coratracl�er, certffled by the liotisitig,
Speciahist or ln,iilding iinspectorfor the prop� cii
M
I W(11111,11 :4 :4 11
I A'111�11�1110: �!shall and re6m, dieDeRverables and, upon DEO'ls accePtance of tile Dich"ralAell nad teceipt
of die Subred, : ent's pertinent in�mices in cornpliance with, dle
Pi 1111/01ce procedures of t1lis AgreI [')EO
sltd] Process, ayment to die Sulbreck ant in accordznce,�6th the tennis atuxl condidoni of tl,xIis i*eeinent
P P:i
DEO: nn p.11 dministem!id oversele tilep'llisdicuon in VVIrldi ffie prognm applies, DF�O: %AD be responsilale iffir
the
I'll Provide die Voluntary Hon ae,liuyiout Prograsn Guidelines and Desijpi, Actioti Ill an,and ALICti011, Plan
Arrle%!udrnents to the Subre4ient,
2, Provide updates ofpcilides d procedures t1D the Sulxec#nieflt.
I Approve flo ie utrea(:h campaign esta]:I
Dlislied by the Stibrecipient thatv'rill target liotnicowners
impacted by Hurricane, 'lITI'la"
4,, Appixwe d!!ic a plication, roeess:, applicatilon requirements:, oompliatu:e requirements, and repirarting
p P R
U.Mthodof ogy provided b)"the &fl�)tedpient.
I Reviiew die derailed, bt�dget and measure actud cost versuill projected (:ost on a rnciriffily balsis,
6. Review the progress made to date, the projected activities to I)e cornpJeted in the upcorning montli,
end any tisks or issues idel3fified f6r die: delivery of die prof ect as reporteid in tl!ic subrec#nients
rcqtAned mondily and quarterly report.
W
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CM 0 Ageemmi No.:1 4 +
Attachment D — Program and Special Conditions
,. _w ,-.�---------. , _. m��, ������������� „w. ____ - .......�
Program Conditions
grrru d'urr mrnot �rrurr � � aarr�r 'ar 4alr6r tly work pla r„
rrra rrr' Irrrrr rd
�. rra rrurr�r��r�rrdd,rrrr�pu�u� dw°dLu�1w" l�wiw m'ww��u�.w� ��w'��
�� d�rlr',�arr�rrrr . ".. ' �.
� r rrdur .
rra d r rlan Purr r
urw r jw:r'mwdrd:ruwnr.drrurr� rur r�..u�lw auulr�� � rr m� wmw�wn"��"w,"w���ww"uww�wt ww�.w'Iw�l.11l �,.wwM w�iw"w.�w.w.�.t� llrc�,
rsu
rrhr
dirr rrllhwrrru len �r�lrr '�wraur completed receiving
r�rr."ar � unrest for �justification ��' r ar e ay' �"�:ny tloject o whicliw.
rraruu ° II r
�Iwrrr rrm �� urn rrr�rru rrrrb err �� uara�r
tries 6t Work P rescinded ". Iur
ru I�rru
DIII.r0 'r.grlrrr rl..mrr die uul liter rrr';urd �:°urr provide' adequate �du�r~Arr rr rru for the delay.
2. records of expwiditure of firruu r &=, all sources thatwill ill allow accL=te
Ord r Budget comparison
iso dery Ila Plan.err 'irrrr°rr aria rlrr n':rrra ;' � r'rr
ready � � � ,rd,�"r��-dr�r�r �mrrr' items rr r�rrrru �:orl ��n��r .�w'rr�u�.
" Jrr Sdllr.rrrrp'irrrr shall requu'rrd l O"r approval fbr ill ^ururf lwrr r°urrwu.l rr':rvilrra r'rr'rrrrrrrr rrru rur r arrrrmrrur'r"arr
that vil de rei l �urseci rr'.th G D1 �
.„ �u:rurrm �r'r �wrr� r:�lr,r wru�.�r~I�rrw��°w� ruwrru rrrur'r''u'r r�ru��rr.rrrrrdr r°rrarrr �'rr
provided
r 1'1llarr purlrlurwrd ra°.0 of r Request rr Prr wnrwrl (�Fl� it used as a rr°urrrrs of wrwlrlr r°rrion,1l1 '11 CO, r� fur.
Advertisement, iur.u��uuu ing 4arr affidavit I'rf p ul)li :rdron; PF
r the procurement or rr dr fy the ' uu�'�irrr rtl: ie rr d!iat d��ur �rrr"�wrurrrrrrrut u�rnur'�m Ill�:rr'
rr ved, either ur riurr II snaresState, Federal or. loss
b. � �� " r.l. �a.rurrrurrrrrrurr guidelines. III err �wariurrwrrurrru'r rM"n�
�.:.d�uru�rrurr .
alit f ur r'rocia=g rru raa�rrrional Services mur u� w fur uarruuru:�dr �d CDBG D finds err inlay for
rrrudr � O err un aria � emu, r" d:�,urrr i u
P � � '� �� �r "rrl�rr r�'°°mu� r.�
perrwr'frrrrrrr'r.' rr'rvrra'.'r
4. , Rrr.rrrr to ri.rr rrl.rlrgru:rurr'u or disliursc=ent of Trulyfunds:, except Ebr°'r r err rrrative expefises and not to, excer:
01011 " the Subre(#ient shall tint 'p.rdr fl3i r frllurvvin r. Sul=it for II �:"O:'s approval the docu'uurrrr�rd°
" � � .' rrrrrr .rrrrrurr� �°ram r [rr�u�ul I 'mrluuu�vr a r�^
essional
rum: p ". make a ar lrrr d�uurwn r�ur' r edfi a rrrr�oo r is r
rrnr'rarrru 'err urrr � approves
4 r�rrr. ur uu rrrrr'
4�r.� the promiretnent. �IEDEO does not approve dIli" rIuf%prrAr1G'1r a°r'rr
pr'oerr rrr.al 'seen.rrr contract, the local govetranentmilill riot Ise rlulr: to use CDIII3G 11 1511 rr r for that
1) Crrr ply ruddilw 24 C FR. part518!uid tulle rr . � ups impl.r'men'ti t
wrrrr the ° uwuliu � completed die environmental rrr:u�r�r�roce
rr Policy
� rrr�ru�urd~ �w :n�ar�urrrr" � rr'��rrrr �r �^urrrr �u� d�rrdrrr�urrr If'���� rwr�w�:�:n sitter '�rrr �'urd�:°nrrurd�'r',rII� �'aur
Grant 'Farrr r ( err r �'1�.'�'�I °°�'�'�".'i'� "llll. �u when, this conditioln hias br:''Ien !fulfilled to the satis&cftia of
D Oi, If 1:YI has ilia isiliBlied an Authority t use Grant '° rr days of Subrrur'ia�'rrrar''r
r ndrr' rrrr''rd° Funds rrw�>�r�
submission of 'the requited docu rrin'rration'a :1YEO sha'a provide brit Sidiulr'r'r .fir r'r'nt a wAtte:n
update regii1ording the status of girt Im'evr I'IIr:' rl lr IIISUMECIPIENT 3 .'I.1.mllll':. NOT BEGIN'
�I�m„n!A',��V�d��M.�m��IUL��4'n««�'4� �����''�gM��'�'���"����n�M��m ������pifl ���,�������n����w�w �N'w����, ����m����m4!� ",✓,",�������� �,�IVu4����M�'���i��4 m����� �rv������m�r G�M�'����
I°drr &,III°)!teclplenagrees our co,,, �rdlr'i the ��ur.. r� � elocrdruuru..w"'k";rrr.' r�r'rrur � rrl Pr(!aii rrrrr,�rwrw ur.rirrrr:u
' r � � 1]V�1-4655r;; �rrrr, 'ra w r .. .m �� r�:rrg
Policies r Ord r�L19 W a rear" urr �I��'�w rou urirrrrr
r'r r �urrns rr Cm I'
" I " I. �rr���w 4 111"�� ter: r.r�rr� �"' �. II' ^� L. (�
� � � Ir � I
rr . d�rr ':IIItrrrdr.mrd:drl u:rrd°r u�ar rlrrrlirruru.r dl a�'� "�u dlnurur'rruuwrrrrrru�rrru.r �r� "� �^ :u'
N Po "
t and, Relocation kilMistairce Plan under
29
Packet Pg. 1334
= —III..... — N r% , A F. "", A 111"lt,q 0, . & w w .. Yir w P1 A & 4' �o ^ 'I oA 11 �iR — l 111,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Aiilli� No.: IW
sectioti 1(,)4(&)1 of the 11otising and Community Development Act of 1974 (42 U S 1C § 5304(d)1:, and the
requirements in 214 C.Fl.1 5 tion,Rlreliocadon,�asi!si,i!st�!�!poli s ci
P a icea
S,W!ircd[ient undetilaltes any activity, sW!)ject to rbe I..'1IILX,, the SW�xreciplient shiall document completion
of thic acquisition 1)31l sul)mitting all documentation required f6t a I monitoring of rbe acquisitiim
including a notice to proplert), owners, ofilis or her 601itsunder tllw I )RA!, w-i invitation to accompany d!ie
appralser, all appraisals'll, offet to the ownier, Rcceptance, contract Ebt sale, statement of settlement costs,
coj?ly of deed, waiver ofrights (fiur &132ti0n,, W5 applicable. The 1u ocLunentation, shallbe submitted pir"Or
to completing the acquisition ( clasing' ) so ffiat D1,10 can determine wEiiether rierneldial actionmay be needed.
I"Ible Subrecipiemat shaU provide relocation, assistance to diTlaced Persons gs defill3ed by 214 C.F.R. §
5170.6061))(, d!iin't are dispilaced ias a direct result of acqEdsition, rehabiftation, detnolition or conversion
for a C:D` BIG as sistedprol ec L
7. CatJ:fication "lepriding Deba=cnt� Suspension, and Offier ReSP0133il�liilit)7 'NlEi IT'limary Covered
Transactions);
Section 3 Pari!:'id ation Rq)ort (Cionstniction Prime Conwictoe); �Ielgaii,dfinig �)ehiaii ni e iiii t,,
P Z - �
SuIII' eilisialli, aiiW V&Iiijii'°Iitaiir y Exdusioii°�ii ('Subcoiiii,tiii,,ac,toiii°°)i,, (f aiir°iild Sec loin 3
Itepoiii t Wbcontiractcur ,), (if aaII)III )flcaIfle)
8. In addition, each constructon contract or agreemmt for new ortle lacetneri t houshigtnus t con tain langulage
p
t1sat tcqW,resdie contactor tmeet the Geen 11,lui1cnndror Replacement and New
as ri41isnConstruction ofRc.3ential Housin Ace published in fl!ie Fedexa111, "Register
Voluilne 8 L, N urn1mr,224 on, Monday, Noveiaiber 2 1,11, '�20 16
9. For each, Rel flor Funds (Rfl�l that includes reiniblursement of C0126Lruction, coisfs:, the Sulnecipient
Sh011 p,ro,vide �ia copy of the American 1'ristitute of Arclutects (AIA) Forici G702, Application and
Ccrdsoadofi fttr Payment, I it coinparal)le force approired I)y I)EOI, signed I)y the coritmittoil, and
inspection engineer, �iand a colpy of fotl,ii�a Gi, 701 13's C ontinuadoin Sheetl 0211 a romplaralAle folr�m approved 1)y
E)BO. For each RFF,t)!wat includilis construction, costs, the &flxrecipieiat shall provide a copy olf AIA. foun
G 7012, or a coniparable foun IT rmred E)y DEOif a, lica'file, signed by the contractor and dle Jocal
P VP
builiding inspector or housing splecialist iand a copy of frillom 7031W or a comparalAe foirn approved 1)y
DlEO,, if applical)1e,
10 For each projecwhen d!ie Subirecipient issues the INotice to Jxroceed to the contractor(4 ):, copies 10time'
follovririg docwnentsaate I)e sent to 111>11EG,
L, Notice VD Proceed;
1) Tlie contractor's ( 1001 percent of the cotittact pricil and
c,. 'nie contmictur's paynient blond (100, percent of die contract pricil
I I Hie Sulirecipient sh�,W utsdertalce an activiq eacb quarter to affirrnadvely fiarther Ei hii pasuant to,
24,, C. I It S 51 70 '18 70�))(4)� l - 11
12 'Ece CDBG DR l)ordon of flie colst of post closeout audits
13. The Subire4ilent shOl ensure that deed restricti"on i's recorded onany real prq),erty or facility, excluding
clasements, Mcqk,ilited %xith CDBG D11, funds 1'1m1i reSIZICU013, s'holl limit dae use of that reat property or
&cility to, the use stated, in the lmurdgrawiat iq)pfication ind doat dtle shiall zimnain in the nowe of t1se
Sulned i,ent. Such deed, restnicdcw shafl be made a, art of &ie ublic records in the Cli:A� of Court of the
P p
30
I Packet Pg. 1335 1
I )OCUNIgii 11 IIi "JiVelope C9C8211PI4O[X:
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
county iti w1ID" h flue Teel PTOPerty, is located,, Any ffiturie disposition of t1rat red. ropetty shoji 'be in
1C
accordance wtlu 24 CY.JK, § 5 70,505. Any future cli of uise of real property sh2,11, Ice in accordince
with,24 C.F.R. 57OA89(�)11
14. 11e Suinecipient shall cornply villa ffie bistoric preservati 11 on reqw I remcnts of the Natiotial Historic
p qttBO,f),,a!�!!Kdil7,eSecret�ot):,,of
flue Isiterio?s Stan&U-ds for 111chalWitation, codified st 36 CPR. 617:, and Gmildelines for RelisiEWitatinn
llist(!)ufc Buildings,:
15. Pumumt to section IMI�),Pubhc Law, 101-235:,42 U.&C. 5, 35145,� die Sulnecipient shall upt],qte and suInnit
ForrallUD2880 to U90 vddiin thirty (W) calendar days of,ftit StAlvecipient's kniowledge of changes in
situations wbich'would, require that xTdatesbe prepared. 11he Subrecipient inust disclose�
L. All developem, contractors, conindtits alld enyi!taireers involved in dic application of in the plattiIiin&
development or implementatilon of the project oi- CE)BG [)RJfindcd activity; and
bAnypergon or enti l, Vd!ist 1115 �a fisIsI1621 interest in r1le pr(!)Ject or activity dliat ez(!meds S50:,0010 or 10
percent of dw grant,wEdche"r is less.
16, I'l"reqtijxedd!°iieSul!!!!ii:recipients]ia1,1,subliriita final FormFIUD2880,,toDEO vitl�u the Subrectpicnt's request
for administratiNe cloiscout, aced, its alw,scnoe or incouipleteisesiB sliall be cause For rejectioti of the
administrative closeota,
1 7. Conflicts of interest relating to procurementshidl be addressed pursuant to 24, CF."11" t 6 11,11, 111 I
�3 1014891 , Title
2dI CF,,R,, 5`70,4890i) sh,oll sp l�y in &U (:otfflicts of interest not pwerned by 24 C.F.R.
,P � 5: 70.489w, sw�fi
�as tbosie reliatitg to thie acquisition or dispositiun of real Properqq CD:BG DR fisiand,,d assistance to
beneficiari::eis, Inisinesses or od!icr third p='ies; or any citlier finnuial itacrinst, whetber real coperceivea
Adchtionally, d!ie Sulmecipient q! ees to coinply vith, and tl�ds Agreement is subject to, Chaptet 1, 12 PS.
X,
I& Any payment Iq dae Sulirecipiwt using C111111)], 3G DR, ffindq f6r Rcquusiticin ofamy, ,P roperq,, righOf t 'WRTIR Or
easimaen't d!iat exceeds &ir miarket i:,altie as deterinined through the al)prajisal pr(!wesis estsl!Iished in HUD
Handbook 13 78 shall Ilhie approvedin wsidng 'by, U'!''!XD prior to dist6fnition of d�ie Ends. ShoiLW the
Rettpient �Fail to obtain 11 ) ��EO pre, -a, PrCIV4 any Pordoin of fbe cost of the acquisiticin exceeding Fair MaAr, et
I P
Value shall not be paid, or reimburged'svith CDB:G DR. futids.
19. '[Iue SWnecil3iient sliO, take photographs or video fall activity locabons rit I or to i I nit eting any, constructs on.
P
'AS the Construction progres%es:, additional �Aiotogilapliy or videography shall docLunient the ongaing
improvelnents. Upon completion of construirtiosr, final documentation of die activity Joications will In!
prosrided to DEO: witli the &dniissistmfive closeout packi for t1his Agreement.
20,, 'if anactiviq, is dmiped Il1117 212 eng , keer, arcliftect or otlier licensed professionial, it sliall be certifiedupon
COMPledon IYY a licensed professional as meeting the specificifions of ffie design, as may leave been
amended 11,,)y (Iiiwage ordem, The date of complindon (!)1" construction shall Ise noted as pert of the
certificadon, rhi,s certification shall Em accomP, ' ed prior to sW!�,rnmn o isofma administradve closcout
,11lis11,
pimiulge anda copy of the certificadon sliall i)e subtnitted with, the administrative closerjurpackage.
Attachment E — State and Federal Statutes, Regulations, and Policies
CDB:G I )R iffinds availialile to the SWIDrecipient d ttovi this o2lizee-iment consfitute 2, sul-mward of ftile "I,");"ECt 'is
Federal award un(lerdic Cost Principleswad �kudjt Rerltdrements for
Federal Awards, 2 CHR, loaxt 200V"pufa apptaanunauut includes terurs and conditions of die DEO's Federal wward
KE
I Packet Pg. 1336 1
Llow Big 111,11111;- �Tvellqlpe fll�):
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
"WOMO.M.- I V M41142 M
thatue im,poscd, on the Suliret:ipi en t and d�ie Sul)xecipierat agrees to carry cut its OlAigations fil complianice vVidi
all of the desc6bed in this agrecincnt.
H!11e Sul!�wrcdpiera agrees to:, !and:, bly isigr�ng this Agricernerit, certifies that, it will comply With all applicalr1le
pirovisic�,inis of d�ie Housing and Corrunwrity I )evelopinw! �u t A ct of 19 74, asarnended, id'die, regulations iat 24
CFR put 570:, as modified Ity the Feden] Registez notices diat poirern dicuse of CIMiG I'M Ifinds ai,ailable
under tfus qyee2nent. Iliese Federal 11egister notices include, InAt ,ue not Innited to, Federal Register Guidance
(82 F-11 559:1, & 82 FR 36812 and 81 ER, 83254). ffiregi)irig, (1) the Stfl!!=cipient does not
R'sStMle t1w, any, of DEG's respc:jusilrihties for enrdronmental review, decision making and action, described in
24 C1711, pen158 and, (2) the Subrecipient does not assurne any of the E)EO's res, onsibilities 1br initiating the
I P
!review ptocesis imdertlie pro'ni'3101115 Of24 (11YR, Put 5Z '"he Subre�ipient sha�l also comply with all odrier
applicatile Federal, state ant] loca,l4 laws:, regulations and policies that gcm= tl!ie use of d!ie O)BG11R. ffinds in
cornplying,qath its oldigations under thu", agreement, regardless of' -whether C1,)BG: DR. Ends are made xvaibWe
to: the Sul.,necipiegrt ori an advance or xchn1yursetrient
I ]1e Sulseecipient also ap grees to use funds a'vailable under this Agreement to si,Tplement WbUtIM1 SUPPLMt
fLuids offienvise airaflat!iilc. The Subrecipient Eurthiar!Wees to comply witla all otiter, applicable Fedml,, State
and local regilations znd,�!�)olider g1oN,'er1'iingtl!i1c ft unds provided under tlds Apstecriiezit, inchu'ling, 1rut
not litnited to die following:
L State ofl"11K
SMM g,f E)grida 1t&sjW=mtM Ma =Cd jkQ—U& MCME-- nkhmcall thmig'",
,A djjm,,Jga,
The Sulbreciplent traist Ise audited as reqtdmd 1ny 2 CFR part 200t adbipart F when !it is expected, that 'the
Sularecipieritls Federal awards experided thning diie respective fiscal, year eclualed or ameeded die direshold sin!t
fturtlh in §200. 501 Adit requirements.
2. ItaIRCCa'tit a'it ILIld DdgnIMIj� Ig
The Sulwecil)ient sliall pernift D;EO:: wid auditors to have access to the Subrecipient"o recotds 2trd firi=cial
1 11 2010.
statemen.s ,�as necessar 1, t, I for 11 ) 0: to meet d!ie requirements2 C of Fa part
71'he Sulirecipient must sulmiit to: rnore I ,tori I ng of its activities by 9.tX X iRs necesisaty to: enw,Lre dillat die,
sxJ,rawarid is used flea authorized purpioses, in comPliartceA,ida Feir I statutes,repladons, and tle terms and
conditions ofthis ,Agreeirlent,
I
Ibis review Must include1,) reviewing finmdsl and prr&rntanoe rep<jrts required lsy the 11)�I�E,10,; (2)
followur& up and ennuing diatthe SuIsrecipient takes titnely and a,
IYOX01
I!� Pinate actlon on all deficiencies
Perfaiinng to tlie Federal &%rud provided tio the SuIrreciplimit fio!m 11 )EO: detected through, aimlits,, on site
reviews, and odier rneami; and ( 3) issuing a management decision for audit Endings pertaitittig to diis Federal
RWRH provided to the Stibreeipient from DEO &IR reqn2ed IFy 2 CFR §2005,21
3
'n,ie Stfl!)reci,picrit shall he sul)ject to remews and iaudits by DEO::, including onsite revievvs of fl!ie Subret#ient
as may farm tiecessOry or ep,P ,mate mate to rneetthe fequirements of 42 U.S.C. 5304(c)(2). DEO inay isstle
managernent do-isioris and may consider taldfig enforccrnentactions if noru:ornpliance i�s detected during
111dits, D:EO: fnay requitile the Sifl"Irecipieut to ta,kie timely and appropriatic action on all de&iencies pee rt=lng
0
to the Fedso2l gimard ptovided to: the sul recipient ftoindic pass -through entity detected through, audits, on
site reviewsand Ocher means. In response to audit deffi!itmcies or other findirW ofnir.=:omplianDina with tbis
ageement, IYEO inay im4!msc additionial conditiotis on the use of the CD;BG DR fimids tc, ensure ftitute
compliancc or Provide tracning and ted'inic'al assistan(:e as ticedcoto unrect noncornpliance,
IN
I Packet Pg. 1337 1
Dlnlinij.qlknIII!!!!!!: InVIF4 In no 11110�M411 11A-481556 4RAR 111446-r AnF2 M4011I ) IF I
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
M. 12"acc M�
Dmig free vilrot#11JAce Tor Sid!srecipictit must Comply' vndli drug ftlaplaire requirements in Subpart B of
plart 24,2911, wbich adalpts thie ji,r:clv1ernni=t vvide impletnientia don (2 CER patt 182D of sil 5 1, 52 5158 of t,hii-
701 Dlturee Workplace Act of '19188 (l fl)-, 1,. '100 690,11ide V:, Subitide Di; 41 LJ.&C. 71'
W. fl'r,curemi ilintand Contacor Ov,it
............. . . . . . . . . rtersU 4'
................ .. .. —,
nie Sut)red, rirtad shall contl 7 Nvi,di die, ctnnt standards in 2 CFR,, §2010318 §200,3261 whr en pocuring
I! :) Proeme
property and rear ikestwdcr this Agrecuient. 'IM!1e SW!)recipicnt shall impoisedie Subirecipient"is otuligatjons under
alis agreement on, its corltralictors, splectrically lot L)y refitence, so, d!iat stic[ii ol)ligadons %mfl E)le bitirktigupicin
e,ach cl contractors,
rr�SUEMOVent must comply vndii CDBG, regulations reprida-ig diel�rarred or suspended entifies at linseri24
X
CFR 51 701,6091 olr 24 CFR, 5 MA89aq) as 'Rpproprlat6j� cl )BG fund"51, may not be Provided to excitided or
disqualified persons.
1111le Sul0ecipictit sbaH naziumin oversight of" all activities twdrx i1xis agrecictent =,d shall enisute diat for atty
picictued tract oragreernent, its contnctors perform according to daeternis and, coniditions offfie
procured, contracts or agreements, and die terins and conditions of this Agmement.
Vill P
Real properiy, acqudtrd Iq die t1iis agreernent sbAU I)e subject to 24 CFR 5" . . . . . ..i'"01189 4ruu24
CII 5`70 2000) Ite Sui)redplient shall also (:ornplly mlrdi t1ic Propl"r Standardis at 2 Ozil 2001.31011, 2 CFR
200.312, 2 CER, 200l,,314l, througli 2 UR200,316. Tbe Subriecipient shall also complynvuh 2 CT-R2010.115111115
�hqzupllrncnt,, except'diat iviten the eclyuplinerit is solid:, the Procceds sbaU be program incolne and eqcur pinent not
" D nee(led by d!ie Sulne(Hpient for activides under this a8tement 9hiid] be ttansfintm,43 to, DEO firrits CDBG R
program, or sltaU 1),pret=ed Rfter Subrecipient a, , rop pp irately com, ensates DEO
,P
17he Sutrecipient sball A'kcii cornp1yvAd!!i the Prnpemr Standards in 2 CFR, 200.310 dirol 2 CFR 200.316,
excePt to flie extent they are itmonsistent widi, 24 CFR 570.200(j) and 24 CFR 570 4891), in 'which case
SubreciPient siiiaH coml3ly vida 2dl CIM 5 710.200lij) and 24 CFR 5 70 469@l, except to diie: extent that Proceedis
ftom the sale of ecl4ment are prcljmm ratan ocars and sut)*t to ate prcilVant, iticome tequiunctents tAnder dils,
agreement, Pursuant to 24 CFR,, 51,70 �14! 891 (� (1) p
V1.
The Suineciplent Shall con!kply with dXe requireinents of 2 CFR part 25 IUruwersal Identifier and System (bir
Award Management (SAK. '11e Subrecipieut musthavc an active registration in SAM in awcordance vidt �2
CFR Par 1 25:, applendix A,, iand must have a Data Universal Numl)ering System 'PUNS) nuallml. The
com�pil�y vl�ith, Wovisions of d!ie Federal Futuhng, Transparency Act,
i
'whicli indudes requiretnients olin executive tiol corn, enisa FR p ,p 2 C ,, att 1`70 Repoll Sulm,%,;rardand Executive
V� L
`e SuI)rectplivnt sbO comply vAth die Unil'brm Relocation l4issistance and Real Pn,!iperty Acqidsitkiin Pcificies
Act of 1, 970:, as amended A), 42USC4,6014655, 49 CFR part,24,24 CFR patt 42,a2d 24 URI, 1'1,7101116(),611
I
En addition, to other URA reqUirertrents,, d"iese, relas (49 CFE, § 24,403(�)), irn lement Seca tin 414 of die
2 P
Roll,icrt Staffbrd Disaster IIRebef and EmergencyAssisumce Acr,42 USC F5181, which prol thAt
"umennoffiervivise e15gRilebr &ny kind Of riThMlNotwidy
housing pipyment twder the UlUk, I be denied atich eligibility as a rel l 1),eing unalale, liecause o f a,
33
I Packet Pg. 1338 1
rlirr-4AI!rviH 111I,, Aif'"71,&! 11 A AAF;R—Ar,&Y ai31AAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DED Ali mi� No.- 10092
Major disasteras xletenninied by dieliresident, to meet d!ie octi,yancy requirements set by such Act""
VUL NIQUdjjj;dagQa�=
I . 21 CER:,U=&
I be, Subirecipien t vill earn,, y und!ii 24 Cla part 6, which im, PI ercenttithiprovision; of sect�oia 109 of dde I Of'
the Bousit2g and Community Development Act of 1, 974 i7ide I (42 I.T.S.C. 5309). Section 1019 prrArides dint
noP, ergoin in the United States sbAll, u on dle gronid of ratter" color,, ntio and origiri,rdWon or sex�, be excludied
,
from participatiO13 denied the bcnefib�, of or be sul)jected, to discriminAtion under imy ptogr= or actrivity
finidedin whole or in part, vindi Federal, finand asisistance. "Aie Sul)recipicnt vvifl, adbere to the prohibitJonis
against disicn=riation on die basis of age under the Age Uacidninadon Act of '19 75 (4 2 L J S,, C. 6 1, 01 1 61,0
(Age Discrimination Act) and thie probibitions against disc=iination on thelitsis of disability, under section
504 of the RehalAlitation Act of 1973' ('2191 U IS10"� 794,) (Section 504) Section 109 of die FICDA makes these
teq Arenients, applicalAe to Pitogtorns oractiiities funded iri,wholie or in partwith CD BG-DR futidil, dre
Subrecipient shafl comply iloth regulations of,24 CFR piart 8, which imilem,ent Section 50d for I IUI piroxgarxisp
,p
and die replations of 24 CFIRII paltti-1 461 chic h irnpilement ffieAge f)iscrirnination Act for HUT) programs
,2.
The SuIxredpient ,thou ensure diat its!acthrifies arein consistentwith req,u I Lrements ofArchitectural Iliatii!i ers ,Act
and the Americans vvidi 13taalififfics Act. ne Arclikiecturd, Butiers Act of 19658 (2 i.S-C. 4, 1, 5 1�4 15
requites certain Federal and Federally fini,ded buildings Rrid othii 11 idEties to ble designed, corn'tructed or
ahered in accordqnce, vnth standaMICIS d3l2t itIBUIC 2CCe&qflIItjI tD, A13d use by, phy.9k4y bandicapped people. A
building (;)r facility designed, constructed oroltered widi, fuli&i allocated or rea1located under diis Part after
Dieccrnlxx 1, 1,1995 and meets the definition of "'residen'tial stnictLuel"as lefinedin 24 CFR, 40.2 or the
definition of "buihg" as defined in, 41 CFR'1011 49 602(a) is subject to t1iiie reqUkentents of'' diie .Archie tux
Bamets Act of19168(42U,S,C 415141flu `7) and shall comply qtl!ii dic UniforM, FederalAcceSsibilitT
Sixidards (appendix,A t4,, CFR part,101 for residendal structures, andappendEx.A to 41 CFRI part, 1011 19,
sUbpart I Oil 19 61, for general type buddings)
11iie Americans di' I.Xis,Itt1iticu Act (142 U.S.C. I 21,31; 47 LT.S C 155, 201, 218 acd 2,25) (ADA) provides
compreliensive civil riglits to individuals wit'la disaifflitics iti die areas of employment, pulofic accorntruidations,i,
State and �ocall iprvernment services and telecommunications,, It further pitaivides that disrrwninadcii�ia inc[wles
a Faflure to design and cons'truct ficilifies for iirst occupancy rio later t1han,janusty 2161 daat nre readily
accessible to arxdtxaatde by imfividualswidnii disairilideis Fwthei� fl!ie �!U)A req,=es t1w reincival of
arcliftecninal bwiiers and conarnunication Imrriers diatate structi=1 intiatuce in existi fficilifies,i, where such
tems.wal isreadfly' achieval')IC—dint is, (Maily'accomp"11912able and al!Ac to bike camed outwithout. mtwI,!!ii
difflictilty or expcnsc.
ne Sularecipient must comply %wZrbe Florida Stilial], anISfim)rity Business Assistance Act (t§§ �288,,7013
1,
12,188,11 17106), 1 I`,IS—'
Title Vthe Civil Ill ights.Act of 19614 (24 CFR part 1)
W Gcnerg� Coinpliance;
1 �'Ie Subireciplen't SIAR colmply Vnd!!I die requiretnents of Title VT offl-ie Civil, RJ18,13ts Act o f 1964 0? 1.88 3 52),1
ais amended No Person to guar 'Unit ed States zhafl, on the growid of race, colicr or naticilical origin, Iuiie excluded
from participation denied die Isenefits of, or be cithemrsesubjected to cliscrinxination undex any, progrwm
Or activity fimided by, this agreement Mi.- isprifi,c!nc)!ndisc,,ruiiina6,oti provisions at 24FRIA apply to the use
of dierse fimds. I 'be Subredpient shal], �not intimidate, t1ireaten, coercir, or (fisaiminfitic: AgMnst any pergon for
die Putpose ofintetfedng widl, i rwit or ptivilege senued Iwy tide VI tub" tau CiviI Act cif'1964 or 24
CF,R paiq, 1, or because he liaill madir a cotlaint testified, sissisted or Partc , 1pated i113, an
5 y rnaniner in aru
investigation, proccinding or 1h1eamig, tinder 24 CIT, part I TEie identity of complainants shall bilic kupt
:x
go
I Packet Pg. 1339 1
rlririhfvlhi�" Fr�%,,Alniria 1111: Y' AnXIA111 11 &�AAAR-dgkl . . .... 11 1
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
confidential except to the extent necessary to carry out dle putposes o:f 2 CER, pax,,�! 1, including dl!iie conduct (cf
any, i I nvestig-gion, hearing or judicial proceeding arising tlierctrrlder.
Asisurgricies iand Real Property Citivezatits:
As a coruditiori to dce 'pnpwnwnvs] of this Agrement and die extension of any Federal finmrial assistance:, the
std,)recq'�nient assufes that d!ie progAzIn can actl v, I Id I es described in t]his Agreement vvil�: be cotiducted and the
housing, facilifiiesserviccsGrianciftl aid at other benefitsto be provided m1l in opiented and,
administnted,in compliance witli 0 requiretnents,iin, osed, 1�q or Pursuant to tids part 1.
If die Federal financial assistance under this Agreernuat is to p:rovide or is i�i the form of perannal Property or
reaJ property or 11itexest therein or structures flaerconthe Stibrecipient's asismance herein siiidl c0i!�)ligate the
SWsrecipient or, in, the case of 2, sulssequent trwtsfix� tile trans&rce, for die period dwing %whicli t1iie propelty
is used 1"6r a purpose forwhicli the Federal firiancial assistance is extended or ior anotlier purpose involving
die pro"Sloix Of similar services or lieninfits, or f6r �as long as tl�ie recipient retal I MIS Owriership cilqcosisesisfort of
are pnn.unpnnnnrp a my pniulunn nn is longer. In :,d] other caseq:, the assurance sball, obligate die Sulxrecipienun for the period
dwing which, Fedmd fitioncial asm"tance is extended uraturint to: the contract or application. lliis, assurance
p i
gives 11'10and the United, States, right to iseek judicial enibrcement of the a&surance and the req* ements oti
real pro, rty,
Pe
In die rose of reol property, stmaures or improvivinents thereon, or interests, dicrein, acquired vida Federal,
financial assistancie under flais Agoretnent or acquired widt CDBG DR ficeds wul provided to d!ie Su'breciplient
lUnder d1i,3 Agreement, thie inistrarnent eflicting any this re
losidon by the Subrecipient of such al prolpemT
P
stnictures ci:r itnptoveaients thiereon, or interests, tberein, shall containa covenant runningmith t�'!xeland asn,Lnrig
nondiscnitnization for dae period, dtLring which the real property is itsed for a puTose fbr whicil the Fedetal
fittandalassistance is extended or fbr!,anoflcer purposeinvolivLng, flie prol'ision of Similar Scrinces or lteliefits.
If ffic Wvincipient teceives teal property, interests or lands, Or for tile acclinsition of real property interests under
diis Agreement, to the extent thaghts to space on, ovier, or lulder any, such propetq ne included as Part of
gom uthis diatnreclmydhe pog ah rd
facility located wholly or in , P art inninnstich spare.
,
4lpnpnnru,uved'Plan
he Su )tent agivels t'llat it 51,1211 Cam Out Pursuant to t1ce DEG's spedlications an Affirmadve Actioti
Progmll,in Compliance vvitb d!ie President's Execa.xti�vie Order 11246 inf September 24, '19661, as wicendecl, and
implementing refit latiions, at,4,2 CFR 60USO inpunlll, Provide Affixtnative-Action gindieUnips to 6m Sulniecipient
to assist in the forinulation of such progi!latn. I'lie Sutwedpient shall submit a plan fbr an Affirinative Action
progratri for approval prior to the release cilf funds underthis agreement.
(iv) Women, and iMinna nity-Owned BuRdnessies klx/Nmq
The Subrecipilent 5hall take t1le affirtnative stepilc listed in 2 CFR, 200,321,1.,w)(I) through (5) to assize diet
n3inority businesses,wolmen's 1°;ushrem;8 ell teirinis es, and labor sutplus area fixiiis are ined when [)o&sdr:1eqvhen
d3e Sitlarecipient PrOcnilres pro, erty or serviceil� under dais Agreinnent.
,P
M: Notifications
111ce Str]l�we(#ietrt 'will send to each lalsor I'linon or represienti tive of %lvxAers with wbich it has a collective!
1wargairnng agreernent ox offier contract of undierstaruling,a Tiotice, to: I -se provided by die agenqColitiacting
officer, achnsing dle Labor union or worker's representative of die Sulwed,pien i's corntni tinents hereuti der, and
shall, post copies of tfi& notice in conspicuous places a%railat!ilc to ernployees and ap[4icants ffir employment.
non IN Equal Dnployrnent OpportututY aild Affinriati'veActicin ( EEO/AA) Stteirient
The Subtecipient shall, in all solicitations or advertisements for employers placed :�q or on behalf of the
StADrecipient, state that it is arl Equal Opportunity ortkf6tricative Action ernployet.
Ix.
M
I Packet Pg. 1340 1
rine,OATruml 111111'V^ Ainvkani A RAAA-M(WII,dnil jjjl��,j
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
'11ic, SeIsrecipien't sball comply dic in W!>or standards in Section I 10 of the Housing ond Community
Development Acil: of 191 T4, as atnended,and ensure thatall la'Ikmrers Rind mec'h=cs employed I)y contrwftiors or
sWsccinuactiors in d3,C, re erfbmimce raf constrim:tion work ffirianced in wbole or in partvrida asiststancii:, ceived
,P
tmticr tlmis Agreement iliall be paid vmges at ratestiot less dign unease ptlevailing or) simfliar Cclinstructron in ffic
Jocality, as determined 1iy the Slecristary of I,abicir in accordance mitli tbe 1`)avis Bac,,on Act, as amended (40
U.S.C. 31,41, evreq) and 29 CFR p�,,Lrt '1, 3, 5:, 6 and 7, provided, that this requiriernent shall i to d]c
rehat)ilitation of residential propcM only il" wc!h prf!iperty coritains not IvW tli= 8 tjnits
to comply %,kndr, the CopelandAnt i
regWationis of time LI.S. Department of Lafmr at 29 CFR part 3 and part 5111e Subrec�ip�ient sloiafl 2naintain
docurnentatioti ffilpt demotistrates (:ornpfiance Nvidi applical)k hour and wage requkernents, Stiell
dintation shall, Prom , dybile rnadea-vndkisle to: 1. 0 For review up orequest.
,P
X.
1, m A low-income p„uerson, :as flais tetin is defined in Section 3 (b) (2) of the I 93li 7 Act (4,21 U.&C,
143 Se(:tion 3�,17)(?) of the 1957 Act definai d�iis terni to mean fimnilies (inctuf3ung sin& persions)
whose incomes dol not excecd SO per centum of then ec aa, iticotne for d!ie i as dictemined 1)y the Secrietuy,
wid!i aidjustinents for atnaller and larger fimilies, except d�iat the fecretsov, may establish in(:ome ceflings l4rlier
and or IDNvet d7an 80 per centtma of the median for the area (m die1:1),sais el` the Secretary's findhgs 'diat i
Vadad" ons :ue necessary because of prevailing lev16is of cornqu!uction ameliata Of unusuall:51, high Of kAW ................. iticolne
families; or (ii A very low Irma ome P ern so, as this term is defined in Secdon3nc' )(2) of flie 1937 ekt:t 02 USE,
1437' a(f))(2)). Section 3(b)(2) of the 193: 7 Act (42 U.S.C. 1437wj ))(2)) defuies flais tc=n to mean families
(picluding sin Persons) %&,hose inc()rnes do: not exceed 50 per cmtum o:f the niecEan fianifly i�oIicome for Am
area, as determined I)y the Sect-etaq %xitit adjustments for sncillier and Larger fimiliei!5, except'ffie diat Secretary
n iay estaI3,lish income ciedisigs Milneror lower dian,50 per (:entum of t1se me&n for,tbie area on, the baiiiis of'
d!ie Sectetary"s findingsthat stuclvvariadons are;; neccissacy because ofurwsuollti 160 or lov, farnily incornes.
2. Cgtnpj;PMO
I he Sul)recipient shad, comply vith die,prrwevisicunma of Sec:tion 3 of the Holasing Urt!iarl IDevelopment Act of
1968,as airiended, 1,2 'U'SC I 701u, and impleisnen'ting its unplementing replations at 2,11 C[IR P%ut 135. The
Stibrecipient shiall, irLchide t1le following "Sccrlion 3 dausel" at 24 CFR, 135.38 in every "Secti()n 3 covered
con'trace' lava Ckfined in 24 CIM
A. 71''he work to: be peribimied wider this Agreement is suliject to time recluirements of Sectremr 3 of time
11710usitig� and Urban II'levdoprraent Act of 1968, as arnendedl, 12 1 J.S.C. I 701u (Siection p), The puqxrse of
u1sure diatempki)rment and otbereco aa` 11 � "s generatecl'by 111) D assistance or Section 3 is to ir. nr nj,c O'�:::) p0l�t L1111 W.
HUD assisted, projects covered 1u: Sectici
n %slcall, to the greatest extent feasible, be directed, 'to: low and very
Y
low income persons:, pai=Azdy, ersons who: are recipients of HUT) assistancc for housl'11&
R, The wotk to leer Performed uw3er flais contract is inrll!)Jectto flue requirctnctits of Seetionm 3 of the Flousing.,
and 'Urban Devellopment Act of'1968aswiciindind, 122 1 701u (Section 3),, 'I'lic purpose tif Section 3: is
U 1 111) ILI assis tio ensure that enTloymen't and Od3er ecolloMIC opportunitlel; generated 1331� 11 1 assistance or F aed
projeizts covered by Secdot 3, shall, to tbe greatest extent frasil)le, Ise cliected to: Imir and very low in(:orne
persons, patticulatly personswho: are riP iients oD f Ill assistance foh r'ok taing,,
,
C. The SU'Xecipient will require its contractors to: send to each labor organization or representative of
workers Mth whicli die contractor has a (:c)1]ecdNr I)argaining agreement or offiertmiderstandin& ifassy, a
oC)ti(:e advising die labor organiza'doti or worken:` representath,"i.- of the contractor's cornraitments unider this
Section ccllauwuse, and, N611 post copies of the nodoe irr conspiouous Places at time Nvork gife where bodi
ernployces and applicants for training and ernpiJoyment positii, (!= see r1w ricitice. The notioe w113911 descrikwe
the Secdon3 reference, shaU iset foril]itnittilnum roitnl�,er andl o� titles sliif3ject to hire:1 �W !,
p %1121)11ity of
Appretaticeshil): and training positiotvii, time quilifications for eacb,; �uid dienarne and location rf dae person(s)
taling applications for eacli, of the pointrons;wild the Antitipiated datae die workshall Ilmc&.
M.
I Packet Pg. 1341 1
Firindwflim%n 11111 ):, Ar.,7:'%illIA,,,,,,AI� w w.AAA,I.. .0 III ^ MIN IC I
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
E E�A
PM Aj6�mn• 0092 t No..- 1
r).&tlrmcipient will requim, its contractors to include a materially similax Slectioti 3 clausir, in every
SUbcontract sub ect to: com liance -vvidh, regulations in 24 CM�, pzrt 1,31% and, itgreeisto t2ke appropriate , acdon
J p :3
AS provided in an applicable provision of ffi,e sWicoritract or in thb� Secd(!)3 clatme, upon �R finding that the
suEmontractor is in, vioLaticin of the: mplations in 24 CFR, ah, 135. I'lie Scbireci ient will require its
,P P
contrqctors to not mabcontramtwith any subcontractor Nwlicrethe contractcT has notice or knci%%,Icdp,,,e that the
subcontmacir leas 'been fbtuad in, viola don of d!ie rePiladons in 24 CF part 135.
IE, , 1 11 Ire Stflbre(ipient m�ifl require its contractiorsto ccrt4 any vacant emPloytriient pceittionsincluisling
tmliring Positions, tbat iate �Elled �1) after the contnctor is selected Init I)efore die ccmttlact is executed, and
m�idi pergons odjer dian tbose to: wbIDDO daie reguladons of,24 CER, part 135 reqtdre ern, loymerit
,P
oppommities to: Etc directed, were, not Efled to =,cuinvent,the contractor's otuliptioms under 24 CFR, patt
135F: NotIcomp'lioncewitli FIUI Ys regulations in,24 CER part 115 trutyrestilt in mcdoris, tennination of
dris contract For defikult, and debatment or simpension &otn FLIture-IR 7 1 assisted contra, cts.
F" ''Noncompliancewith FIUD's regulatims in, 24 CFR,P:art 13:5 may result in sianctiotm:, timnination offfiis,
conti-act fbr defstult:, and debarrnient or suspension fiom Ifituxe HUD: assisted, contr2cts,,
G. With respect to work pedormied, in 4:ormiecticaimndh Section-3 coveted, Indian, using ass3stance, Section
M,)) oftlie Indian Self �al!ld Educafion.Assistamm Act (25 U&C. 450,e) also applies to, die work
to be peonned undej: this contract, Section 70�n) req%nzes that to die greatest extent f" iasibic @ Prtierence
and opportunities for bmining and ernplovment aliall'Ibdvrn to Indianis" guld (ii) re6nenceinflaeawardof
contracts and std3contncts shall be given to Indiatl orgaIII22tiotis and Indiari owned Economic Entetprises.
ParilicilB to this contract fl�iat �ne sul�ject to: ti!ie provisions of'Secfion 3 mad, Section 7(L';) Vee to complymith
Section 3 to the maxim= extent f�asible, b:ut not in derogation of cornpliance widi Section 7(1j).
I Recipients of HU D: fed=Rl finamial assistance ;Eall "neat the following hirJang waid contra(:t
�cickl
oalsthinvelancleidl Section 3 as found at 24 UR.135,30 (Nurnericialgoals Fortnecting
flae st extent fiasilde requitemenL).
(3) Recipients of Section 3 covered comnamity developrocat Rissistance,, and d�i,& contractorRti,d
subconbmctots (unlesis dle con'b"Ict or subcontract amnLrds do not meet the thresirmlil spiecifiedin Section
1353(a)(3)) rmy, dcrnonstmte cninplianifze Nxith the recmureonenU of tl�iis ttart 1!�,V cornmittinp, to emolov Section l
3 residents a&
() 10 percen't of die aggregate munber of new, hires fo± the one- year period beouling
in FY 1995;
(11) 20: percent of d!!!iie aMepte numlmr of new Mies for the one year pen I od lieginning
in 1996; mol
(M) 30 percent of the aregate number of tiew l7ires for the oine year petiod Inginning
in M' '19 9 7and continVitIg thereafter,
( c) Contnacts. Numerical goaI:,N; siet fiorth in JMI-IaXappl (r) Of 4d'3,i,S BeCtIOn' apply tO
Contracts wwarded in ccmecdon wiffiall Section 3 ccmere d proiects and Section
,3 co's''Cred activides. Eacti, recipient and, a!!°ijntmctor �and suliconti-actor (tiulleas d!ie
contract or subcotittact ammzds do rancid meet t[iil,"! thresliold specified in Section,
135,3(s)1(3)) imay dr-monsumte cos plfimce witlthe requirements of diis part by
c0!TnnftW!ig to awarld to Section-3 business ccimicerns!;
(J) At least 10 Percent of die total doRar miount end add Section °3 covered contracts
fbr building mades work for maintemunce:, repair, modernization or develcipment of
public or Indian Imusing, rant' for IAuilding trades work W'sing I'll connectoin 'with,
housing rehabilitation, hotising construction omd other public cons uriction; and
() At least drree
(3) percent of tlie total doflar arn(�junt of aU od!iier Section 3: covered contmcts.
37
I Packet Pg. 1342 1
6Ini"IWC%Ilffiq III "wM 2,1AII1,44A ARMA-ARAII: MAM rQrAl`)19!!9AllM 1 1
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
1REOAq&MffitN6..-
X, C-11gaidua
I . kia=haa
Mir Sultrecilsien't alicall comply,with the fliatchkct 5 USC 1501 ............ 1, 508,and shall e!nsure din't no Ruids prmrided,
I
!nor personnel emploveld tinder tl�ijs agreernient, igh0be in any viray or to, Rny tlXtietlt engaged in tbe condiact of
politic;d acthides in vidlation ofChVter 15 of'llide V of tlie 111's''C",
In 'die procurement of Sup, li Lu P
p �es, eq pment, constmcdon and, sennices ursuant to this agreement, the:
Sulxrecipient shafl cotnply,%xiifli die conflict of interest Prox-lisorns in die Procurement policies and
Procedures in all, cases nset, govemed I)y d!ie conflict otintietest pmv I j 11 si, I ons i I nthDEO's procurement policies
and procedures, the Sulitucipient shall comply %i� c tlie conflict of intetest provisions in 214, Cj�
�11, 5 70A,89(h).
Ile certifies fliat.
0) N (!!j, Federal appzop�datird fimcls hinie I)ern paid m will be PIud, by, or on behalf of 1`45
to Rny person firr influeackig or �attmpting to irdIiaetce an offi,cer cir ern, loyee of
,P
ally R,@Iency, a Memtjer of Congress,, an officer air employee of'Con�zrcss or an
$ C5
employee ofa Membler of Congress in connectionvvidi dic avrarding of iany Federal
contract, d!ie making of any Federel grant, diie making ofany Fiedexad lomi, t1ce
cntc=,g i I into ol!' any cot,�)pera,6i:%,li-.,Rgrf,,ctn,cnt and d!�iie exteml I on, cond 11 nuati I on, renevn
amendment oir modification I Federal contract, grant, loRn, or cooplexatigie
agreement;
If any fimids cidAer dran FedexRl, appropitiated binds have 1!i1cen paid or AA11 be paid to
any perhoin for influenchig or atrempling to influence R13 UEECer or employlice of any
agam cj,', a Nfeml!)er of Congress:, IM officet or cm,, loycle of C1ox)pTcs1S, Or an CIMP101rec
of a Nfmnlulex ofCon gtogs in connection, wid!i d!iiis Fii contract, grant, loin, or
coo, onative aweemen't, it P vdll, com lete tnd subitnit Standard Fciriinl=, P
"Di&doisurc Fonn to Reportuuu accordance vAth its instmictici
P
The, lannag e of puagriaph (a) duough (d) of ffio; certificiatici bile included in the
avvard documents forall subiamirats' gutall 611STS (il3cluding gubcontimicts:, subiprits and
contmicts under I:Y:xants, luirns Rnd cooPerat�ii,�ve agreemicIM) and diat &R subiredpient�-,
shiall cerdfy and, disclose accordiney'; �iand,
OV) 1!1111; cert6catiOn Jig R Mitellal representation of �fact upon whicli reliance ix-aills placed
when this tral3saction wamade or entered into, Sul!iiinissilon ofdris cetlificadon, is
requited by ' section 1352, title 31, U S C,, Any pe,rson who, fiih to, fik the reqUi
red
certificadon I bile subject to a civilpennl�y oEnot less dian $101,000 and not more
d!1an $100,0100 for each such fafl�,Lre.
X1 111� ECEPQ��
]TIC sui)recipient agrelois tha,t fiinds prcwided under d1l's agreement shall not bile utilized for ird!ietetrdy teliv'otls
acti It es , roh l) ibitedby,24 CFR,, 5701.2001(p), such, asworshipli, ie4i)uis instruction or proilidyLizadon.
X111.
1 .......................................
he Sul�)redplient mtist comply vitb tbe limitations in 24. CFR 58.22 evw diclugla the SullOrCcipielit is not
dclepted the requirement tuidiellix sec6on 104 ((k" Of, the ,I 1C]", Act for enviriontnentalrimim.vi, decision- making
a!nd action (See 24, CFRl paril��� 58),uid is not delegated, dre DEG's riespomil)ih d CIS f6f i13JdAdDg dlerEviewl process
tinder the provisions of 24 CFR Part,52-24 ("pIt 158.22 impoises fimitittkxns on a6Nriticispeialding Clearance and
Tedfically hire , its corrunitnients of HUD, funds or noin 111 ID funds bq any Plartl(riliftat in ftiie development
process Ixfore completion of d!ie envitontniental review. A, violl of fl!ifil requirement MRY MR11t it a
proMbition on the use of Feldera,l funds iffir dre activity,,, If DEO, lagi not issued an Autboil to Usie Grant
38
I Packet Pg. 1343 1
DocuSain 11�!!IIIT+wMODB HI I A C2341 NA-ARRO; wul I
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEP Aweemmt No.: I1 N2
�'! 7 Funds vddiill 15 days of Subrecipient's suixtnission of d�ie req=ed documentatoill, IIIIYI!:! 10 shaH, provide die
Sul�ittedpicnt awritten update regarding ffie status of die rM.", MI, Proccis&
II le Sul)recipietit sbaU compl, %intIt die iflsofi!is dicy a Ply 'to die erformancof e flais
'Y kt
apreemeat:
• "Alt . qualiq. (1) ]"be Clum Air Act (142 U&C 7401 et. seq) as amended, Vardeularly
sectim I ('C) and (d) (42 U.S.C,� 7506(1) and (,d))i:; and (2) Determining, Confortnity ol'
Fedisral Acdons to State or Federal mpletnent2doti Plans (Environmental Protection
,,Agency 40 Oparts 6,51, and 93);!Pnd,
• Federal Water Pollution ControI Act , as ameaded, 33U S C,,, '125 1, ef iirq, as amendxx�
indPxiding flaiereq=' emients specified in Section 114 and Section 301,81 ai'dix Federal Water
Polhation ControlAct, asamen duldhand, all regulations and guidehues issued diereundper
l"he Subrecipient shidll comply vndi d!le MROdatiory flIncid insurance pu!rdiase t,eq ='vments of sectol] 102 of
the Mood, Ill X&as ter Pratection Act of 1, 9 73,:as amended bly d:ie National Flood 'I'hsurance lkefortti,ikct of 19119�15
42 USC,4012a,, AddifionaUyl the Stibrecipi,111111itsball cornt)ly'wadi Section 582 of d!Ie Nitional Flood, Trisurance
�tefbrtn Act of 1994:, as amended, ( 42 U,,,S,,C,, 5J5eIV+,iCh h3cludes a, prohibition on dx prol"sion ciilf flood,
disaster �iassistonce, including loan assistance:, to �'a person lbr rel3air:, replacement or restoration �fbir damage to
ally personat residiendqJ, or COMMercul Property,ifffiat penoill at aq drue liums rec&ed FiederO flood di&aister
assistance flutwais condidoned on, the pencin first ba,%�ing ol�'wtained lloold insurance under applicnI)Ie Federal
l,aw and, drill: person has quInequently fix2edto obtain and maintain flood innirance as requirol wider applicaWe
Flederal law on such prop�erty, Secdon 5182 idso includes a, resporwil�iliq to notifir property ovners of fl3le2ir
respousi'111)ih�q, to notify Lrmu&rces about mandatory flood purchase MqUIMITIC13M, more informadon about
d,i,ese mquirementz nil
�in dw Federal Register twfices, goveming the C'I�'1111)BG ��l , )R awkrd and listedat die
lx&ning of diis Attachment.
Lmd-l�� , Ilre Sulbre(�pient shaU follow DEO q�provcd Procedixes 'wid�i respect to C11)[IG �assistance tliat ffilffll the
objectives !and, requirements offfie Lead l!Iaiseid Paint Poisoning Pteventicin Act (�42 U&C. �4821 4846):, fir
e
Re;,6dendal Lead Based Flaint I lazard,Reunnnnn Act of 1992 02 U.S.C. 4851 4856)�and implemendng
regWations �at part 35sul)ps ABj,and R of this dtle
111awric R=A=dM
The Sul)reciplient skial], comply vith d�ie [Estoric Prcsm,adon requirements set Fordi in die National flist(xic
Preservation Act ol ' " 19661 als artleaded, codified in 6de 54 oftbic United States Code, arid tlie poocedtuvs set
forth in 36, CFR,, part 800 inso&x as flacy apply, t!o die perfonn2nce of dils Agreement
fn geneal, this requires conoarrence fimm die State Flistozic Ptesen, ation Officer for all relialniliwitjon and
deinoliti,o%�,ioli2l'stoll�d"',Cpt,opertiesd!!!iiat�ateBfty, Tarold or older or du t aie inicluded, on a Fedetal, slat e or loul
e s
119toric property lis,t
RE
I Packet Pg. 1344 1
DocuSkxin EnveWiDe fllDC' 234DIA-WSM WI
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Asin t No.: im
Attachment F — Civil Rights Compliance
. . ................. . . .... . ..... . .......... . .................................... . . . .
FrOUSIlig
Asa clondidon, for t1he zieceipt of C1.)BG Dill ftinds, the Subrecipient must cei drat it voli "affirin3atively
fuither fair howing" in its community, 11iie Subrecipient shall dernionstrate ts cornmi I traent to, affinnadvely
fiat dier fkir h ou,sing Ity innerncn Ling d!ie actions listed below.
12e SublifeCipient sh&M�
I) I!IHve in place ii Ekiti hfAllsing resolution ot ordinance that covers all Fcdieralp�, protected classicis (raice
t;olcir, fiunflial status:, liandicap, national orioi, religion and i!se�x); 5
2) Designate an employer aadie Fairl ��lousing Coordinator who is available d=ngr1TuLar business hours
to receive fair hotising Calls;
3) ['xiblish the: Fau 11ousing Coordinatior"s contact infionnation gimterly in �a newspaper of general
circulation in the Sd!)!rCci'pient`a prdschdirn iso t'�!mt people luiow virbo to, call to ask fur bousing
questions or raoster a complaint Alteri!iativei thin : Sulneciplien't can post the roordinator's contact
infortnation dIrciughout die quarter on d!ie hcnne page of itsviebsite;
4,) Establish a systern to record d!ie following" for e�a,ch fixir bousing call:
a) Thic nature of dre call,
1)) Ili e actions talcen in response to flie call,
11""he reistnits of dicactions taken and
d) I E Ite caffeti'mas referred to another agency, dw xvntlts o')tained Iry die refirml agency;
5) Conduct at least o�i!w fair hocsing activity, i gusaler, ldcntical acdvides (see asnsnple'; bei sli�ifll
not be conducted in consecutive quarters; and
6) 1. Nsplay a fair housing poster in t1iie Cl ")BG .. ...... ... 1�)R Officei, Miis does not cii as a fkk hou"r activity)
"I Ile Sulzedpient shiiffl ensure that the Fait housing contnict person hais received trainiiig scii that he/she ca,n
handle fair hiot�sing pb=e i I nipul 11 ea or refer die inquiries to die yin tiate people/agendes, ,�Iecords
Maintained 1!�y dre contact %ii'1111 hirlp die contratinity doi tiiie fbllovvfirkg�
• Definevirliere discritninat(ny Practices are occurri
• Help the community measure die effiDictrvvneas of its ou,treRda effhalt ft,s, m A
• Plrovide the cornmuraty'vidr �a meatis to gain information that
cm iiie used, tin. desig!n and implement
strategies that vill eliminare fi& housing impeditnents.
Examples of fitir li ish ig, airtivities include d�ie follovang:
• MrIsing &ir boming presentations at schools, civic clid�>ssnd neiglibiorhood association mwings;
• Conducting a faih: housing poster contest or an essay contest;
• Nfinninga bootl!ii iand disteibuting tit bousing insi at hbtrati,es, healdi fvair% community evei
yard �sal,es and churri f n n and
• Conducting fiair hiousmigworkshopis 1"Or city/cocinty employees, realtors, bankand mortgage cam, any
enrPl0YeCS,, inSLUNAXIM agents iand apartment coniplex owners,
Piinting a II ai housing notice on �a utility I�iU is noi longer accepted as �a fitir bousing semn
Whing �a DEO a ved fair housngl3rochtweas !an insertvoth i�ltjhty bilsmnllbe accepteds an aiirty,
Placin@, posters in tiblic InOdutigs does not meet die requirement fbr �a fkir houil D P nng actnit�y.
The Sulrccipient sl!i�ikfl doculnent its fair housing acthrnies 1,iy keirpling pliotogra, hs, ion�mpia, er aiddes,
P P
sign iii stwets �and copies ofhandouts in d'!icir CDBG DIR project Bld include infbmtadon zI)out the
activities in t13C cointnent usection of each ifioarterl,'Y report
EO
I Packet Pg. 1345 1
Doo sio„ii 111I�Wwimllieoa IIIIII1! Ar.734,11 11, 110,11111 A, 11,�!%A M, 11,111% C11
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
M Aire:�� o..-10092
Al', nploymcn t Opportuni ty
As a conchdon for the recei t of CDBG DR fandisi, tbe Subreci i
p Pleat Must cezt'f� dis t it and dre contractors,
vd)cantractors, su'1�zecc ients and consultants flailt it ' i,111!es N;�ijdj CD G funLIS Np1j,
P h i B 1' 1 a1l"Ade by tbe Equal
Opplartincity (EEO) Lwm of the United States,, `
�11C &dttecipient shall dem, onstrate its
commitinent to alkide iry the lamrs dirou�pu fbe �actions listed 1xilow.
Each Sulniccipioat shaU�
1) Have in place an equal enaployment ripportuni 11 ty resolution cir ardittance diat , totects its ap, hicants,
and em, loyees and d!ie appilicaras and emplayees of its contrairto P P
P rs, stibcontnctors:, 111511bre(�:ipicnts and
CXVIRAtants �&om disci:[tninatioti in kt=g, proinodon, discharg,11111, iqr, �:�f
ne!wnefijob trch5sifiaireerral and odier �asts of enaplomenonflie l)asis rare, co�lo4, ri sex:,
P
national origin, disability, Rge or gpnedcs;
2) Diesignate an employee as di,e ILEO Calordinatorwho is w0ble during regular 1nni4ess bours to,
E 5
receive I Z ' 0 calh�
3) IVA,isli d!ie �EJ� �110 Cloordailator's contact infbmation qa�axtcrly in a newspaper nEgenexal circulation in
the Sulkrecipient's itaudicdon so d�iat pleople know wp!iai to call to ask EEO, questj 11 ons or �regi I stito a
clomplunt. Altetnativdy, d!ie Siabrecipient c=, oist flo: coonlinatorl's contact infn=adon ffirtmErhout
,P
die quarter on d�le borne page of its,website; and
�41 l�E�sta])Ush a s3stcm to record tire firiflowing Ibir each !'71D call:
,a) 11ie nature off,. clall,
11) The acidons taken in response to d!ie call and
0 The results of dilin actiotm taken;
Each Subtlecipient shall i�naintain a 1�sr of cerlified m3noitiq, awned lmsineiss entexp6sies andwornen
OMMed 1!111ulsiness entieTrises (W7,1111,E) tli'at 01[31ecate in i I ts reW I otill 11e Sulxredpient shaU uise diis list to so c
companies to bid o �n CD '3G DR-fiandird construction activitiesand ishaU provide �a copy of idle list to tnun , pin 11 me
coutractor(s) totwe when it biii!cs subcownctors and conn'diants. '11iie Department of Management Semces
mainuuns a list of c:erdfied mincitiq !and women owned liusinesses that can be used to develop a loc-,d
1MBE/V13141 list iat the followingwelnite!
Section 504 and the Americans with Disabilities Act (NDA)
Asa condidotifor die reccipit ol'M,�31G, DR fUnds, die Sulwecipient rntist ccrdfr tlll!!!iiiat it rovides access to
�%111, fedemlly fimded activides to all individuals, reptilless of liandicap, Tbe Su�ve6pient shall detnotistrate its
comnutment to abide by flie laws ti!irougli flieactions listed lxzlow.
1,he SubreciVient sh&H:
1) Have placea rcsoltition air tirducancetliat is tiesigned,to climinate discriminadon against any erson
%Vho� in P
'a) I las a physical or inental inipaucrlent whicll substantially li,m,i,ts one or more major life activities,
1)) Hns in record of such an impairment, or,
C) Issileparded, as having such an ini *
qViorntent;
�DCSIJMIRts M1 employee as tire Section 5014/ADA Coininlinatiln,who is available dut=gregulot 1mainess
houriS to recervie Section 504/ADi A, calls;
1) Pul!Aish the Section 504JADA Coardin2tor's cantact itiffinnation quartetly iti �ia newspaper of gelleral
circLilation in doe Sulwedpient's julliscliction so diatpeopile know who to call to ask Section 504/A1'A
questions or register a complaint. Alternatively, the Sabrecipient Can post die coordinato?s contacii:�
infararadon diroughout tire quarter on fl!ie bome piagc of its webisite; and
11st41A1sb!,-,s Y tcm to record the fbillowing for each Section 5�
S 'i )VADA caR�
a) lbe nature of the CID,
b) Ilie actiotis talien h3ricaponse to the call and
c) The results of di,e actions tRIECIL
Section 504 prx)hil�iiidons agamst dicriminatiotl (see 45 C FJR. part, 84) apply to service asiniLd!,)ility
accessibility, dei employment and t1hic ulminlistrative 'unto vides and, req!° onisil)flities of orgem,zaUx)nIs
41
I Packet Pg. 1346 1
nine.uRim, 1111T„Ain9IXTII A CI AM MOI"a`X!!qAnI%E4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Azmemmt No.: 10092
receiving Federal 1"Inancial aisisistance A Subrecipient ofFedclal liumdal O"IsfWace may not, on d!ne basis of
disability:
• I)eny qualified individuals the opiplorftini 11 q'to participlatn. in or'I'ietiefit froin Federally ffinded Programs,
isemces or other I)irnefita,
• Dieny access to ,
,P rop vims:, services, l;),Fmefits or opporticaides to pattkipate WS a residt of pl:r)-ical
blarriers:, or
• Deny, einployment opporttmides, including bitingprornodon, trainingand ffingel)enefits:, fbr wbich
they are odicn%rise entitled or quiahfied.
nie,,ADA regiilAtioriis (''ride IT, 28 C F R., part 3 5, arid " I I le IIl 1, 1, 218 CFR. part,316) pvihibit discrinmiation
On die filasis of disaIii'lity, in emplioym=r, State wd laical p.wernment, puthe Rccommodations, cornmercial
facilitice, transportation, nand teleco=unica'donis. ''Fo Im, rote4:,ted lily flitADA, ot ienrust liave a disability or
,P
Irave a relationshipi or asisociation, vvid!!i an individial %intl!i �a disability.
1de II covers aH, acdNides of stite and local govetc=Cnts regardlesills of" the government entitys si,ze or
receipt of Federalffinding, ]Itle 11 rsquireis that State,arid local govertAments give people m'lith disaUittes an
equal opplorturaty, to bleneEt fiorn aR of their programs, services anid, actindes u,�i'b ic education,
I
eil loyment, ttans,
,P PICICULUOR, recreation, heal&� care, social bervices, comts, %loting and, ft)wn meefirp). State
and loth d goverhnients are reqiAired to Maw splecific architecturd shindards in die new construcdon and
alteration of their buddings,, I hey alsomus t relocate progrons lot, otherwise provideaccess in inacicessil)le older
builidnigs, arid communicate effictivcly %icfla V. eciple wllh!io have Iman"119, v1slon Cir speecli disabillbfM
]Itle III covius businesses and nonprofit service p�rimiders flist are pulilic accornmodations, pdvately
operia,ted en'tities offeting cerinin types of" cotuses 223d examitisdons, privatdy operated tntisportatiori and
commercial fkcilides,, NfAilic acconomodaficilics Rre pidrate en'tities wito lealse, Ill to oroperate fidlidilis
suckii as restauraros, retafl stores, hot *, movie dileaters, Private scliocils,, convention centers, doctors' offices,,
lionicless slielten,, tMaspor"Intion depiots,, ao(!)Is,, finaeral hoines, day care cvnters and recreation facilides
including sports sta&ions and fitnissis rhLln,,I� ',tons orutionqervices rovidedliv ate �Rlso covered
P private entities
by'ride
Section 3 tiatinic Opporitunifies �for Low-, ias�id Very I ffow�Jticolme 1III'iDersolns
"Me SubrecilPient sliaR cacmuage its contractors to hire qualified IoNiv- and incidierate income res�ide!nts ficl, any
job openingi diat exist on CDBG-1 )R fiwdeid, r(!)Jecrs in die conairl Miie Sd�ircci, lient and its contractors
P P
shO ceep records to document the numl�ier of low and moderate iticnine pleople who we Eired to work on
Me niunber of low-, and moderate income resaidentswho are hiredto wnrk of
the prqect aballble reported in the comment 119ection of the qUarterly repott.
The fbflovAi!!i,g clause fiorn 24 C F X § 1, 35 38 is recpoted to I)e included in CIII X13G I)R ffinded contracts
of $ 1001,0010 or more.
Section 3 Clause
L 1111l2e Work! to be puffirmed 'tinder this contract is subject to die requirtments of Secition 3 of d!ie Housing
!and Urban Dcvclo inent ,Act of 1968, as amended,, 12 TJ S.C. � I 70ba (Scirtio�n "I'll pu,r ose of p p
Section 3 is to ensure that cinq)loyment zi!id clither econorniClOpporhIn1d I eS Lrenierated I)y IRD assistance
or TIUD assisted projects Co%rered liy Section, 3, sh4 to tlie Weatest extent fiasifile, I)c directed to low:
anild very low income persons, pardIcularly, persons MAIO= SUE)rccipients of' 11) assistance for hotusing.
EW
I Packet Pg. 1347 1
11 Metilho'llmril Finudb�imnm II11 v: ae—jim iiA.SRN A AAC: I!!IAAM
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
PEO Agmenmt No.. 10092
"I"he Pardle's to dlis contract agree to comply 'with HUD's regulations c!i 24 CRM art 11,35 mAlidh
intplement Secdon I ,A,s evildenced duy d3,= CXICCUti011 of this contrvt, tlic I!mrdes to dus
'that flacy Rxe under nocontractiaal or ao:=r impedirnentdiAtwouldprevent timin fromcmcpo)nrtmt crtdhfy
jinguvith e'
part 135 regulations,
C. 'Ibe contractor agrees to send to each, labor otgWU I zation or representadve ofworkers vith mrhich die
contractorhas a collectivie liargaining agreement or other understanding, ifany, a notice advising the Wmr
orgativatic!jn ot workers'repiTsenutive of flie ccintraict&s cominittrients atoder this Secdon,3 clause,, al'�ild
vvl, Ost C:Opics of the Tlodc:e in conspicuous pla,ces at the )1vork situ, boe th m oyees anda pilicants
P Pl
for training and e"cIoymintit
Positicins cim see the nod(:e. "I'lie notice shall desullm t1te Section 3
prefitrinnce:, shall set fordi mirdinum, flurnIxf am] i6l) d,tles subject to hire, mriulgl)iky of1pprmirceship and
ttaillingposidons, the quafiflcadons fcr eac'h; and dle fmIne and location of the person(s) takitig appjjcadog,jja
for each of floe posidotm'a and d3e MdO �ated date the Nvork! 01211 begin
P 0
I'lae (I"ontTactor !agrees 'to inchide this Section 3 clause in every SLA3ccm1tmCt Subject to Compliance With
regulations in 24, C.F.R. part 135, atid agrees to take �Rp,
Propriate actikin, �as proiriticd in an applical!de
provision of die aul:xontmct or in tlrris Section 3 olause:,'Ut:ion a, finlilimprdiat, dje gul3contractor as itivioladon
offfie repdcois in 24 C.F.R. pair 1315. coritmctor wil'!: not sub(,,ontracvm�dii, any sul)conttactorwhm
the contracu)r hastiotice or lm)Tcledge diat the si,flxontractor lrastxen bund in violation offlne regtdations
in 24 CRII. part'135.
l!", I 1:u,lecc!)lntuctorvvillcertidyth2t,,iriya„aca:ritemplolymetit, osit�onsjnckidingtraii�g ositirins,daitarefilled
P P
(1) after thic CC!)ntmCtor is selected, but l!)efisre the contract is executex], and, (41 Nvidii persong other fliagi diose
to whom the regula6ons of'24, CF.,11. put 1,35 require employment opportunides to: I)e dirlected, Nvere not
filled to circmnvent the rx!)n'tractor's olAigadxmisunider 2,4 CER- part 135.
R NoncomplLancewith TIUDs regulations in 24, C,Fltput 135: may resuk in qRnatioris, temnination offlais
contrart fbr de&uIt wid didimnent or susimnsiot, fioin future IFJ'11)assisted, contracts.
G,: NViffi, respect tom,,(Irk performed in cotmection,%vidi Section 3 covered Indianhousing assistance, Section
7�,�I,c)l of d!ie In,dian Self I )etenn I inadon and Education Assistance Act (25 U&C. also applies to dae
work, 'to Ite Perfenzwed, mider flais contract, Sec:tiotl �',W) requires that to the greatest extent feasible (1)
ref rence and, opportunities fbr trainingmid employment shRllbe giveti to haidilatills d (ii), prefcrence in
P % amid , - �
die award of contracts and milicontmas shall be given to Fnidimt orpnizations and Indiari owned
Ecomotnic Enterprism, Parties to dais centtact that ate Subject,tc, die prcimisims of Section 3 and, Sectioti
agree to: cornp�mfla Section 3 to die tummatun extent feasible, I!= not in dercgation of compliance
vvitl:i Section 7 1�:I)i ,
W
I Packet Pg. 1348 1
mlrw uiga ri 11,CITlaffi N111,11mum IIr1, All"211 A 1"1, 4 A A O'LA 0, ACV= 1111mmAlm rrio,,,,Rjj , I.,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
EAM) Agmynna Nbs RXIM
Civil Rights Regdations E
M
As ��i f yr dll receipt of'CDBG M. fiuAs:, each S��JX!edpient cerq,'i!�� t st it ',,wLilabide I:m 6a 2
Y�ed(�,zal hk'��Ivs ani regi.Ihi dons:
L, 71),tle `f cifthe CN&I Rights Act of-1964-Yrohibb dMinbatim 117 thu�'a receiii e,
Yu Ill ?'��,ct ofl 964 . ......... jyr hil:�fts fcliscrimiti on thel:x�sis of" tact!!, Color,
Imligionj, Sex ott'.'U"I'donu'd cd�rl;
I ts Aic,,!t as amended Yhe Ell HumaingoUt of 198,
4, 24 CM. §5`7r,14,4 71,,1) Fli,,,wtl ering Fair I lciu sin&
5� 24 CF,]FZ,,,� '70,,`119001 — LSh of punalml NO governmenes record;
6, 24 CIRR. 570,606(b) wssisr we fi m displaced petsosis St UR,A levels,
7" e�ige Act of 1,9 7 5;
f,3. Executi,,�,�e Order� 1202 — Ixadusidp and WoMation of" I!Zair 110'uunir�g iri, prr
Foutr floiu�-sing;
9, Secdon 109 ut,"the Housingwi"u'-'I Act 74 �NcB persf i I:w excluded fun-r��
p, tici, Htion cletxied ofcn tr") dinctimdlwaian i,Iu"ider,,,itq ;,,00garn, oractivity ref,,!eivirng
CI)BG beamse afracq color, Moan, sex or national cri, n,,,
10" scctic�m 5()4 of, mime Itebabib0cm Art of 1973 and 24 COM. pan!! prohibits disaninirmtioi,,r aipainst
pcople,,,, th disabdities;
I I. EaunuMCIM11063
IZ, HxemitiNre Order 11246 WETid Einjayumnt Op;a'ortimmjy; and
13, Sertkar 3 of the 1� Imasing md Devrlqpmaent Act of 1960, as mrnenirled of
L�"'r'wer lru:orne Resi(,,']ei1ts ;11. wd Locgil
II
certif� fhait "Mamma cow . ......®. shall Comply Vida all OVAaa proSions and Federal
im�, this
,11111" j/1
C. ool
By,. ", I
Date:
Name: Roman Gasteal
Tide: County Administrator
EM
�FOR MIIKIelm IK DOINMI ATZQMOU',I#
AS F(
I Packet Pg. 1349
I„I�,Mcusvvu Illli�ruv avc IIIIII AC224D,14����AAM, v��4 ui uI _��...�4 m:v a vwdm u�Z°�m
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Attachment G — Reports
v 2iw �mm� �muv 44mmm �4� ��.�. .-- _ � ""��� """ w„ �, ,�. " ,.__.
1°IIIm4 follow end glibmineld to DEmm the dine fietinie indicated
m . �' �
°m w IIICm tll, m!�e ^ m�epmm,mirm constitutes an ��m4nmm I°iefault,, as 6duum.mm.4m m.rum � �°o:mi
,01 2, of this Agic4r4v4m t.,
L A '.I"' vm progress Report mu° umvt In sud4mommv to ID,"EO on Forinq to In provided b '1 "O' ten
(10) c2lie dar days afru the end oif vvcdu mmmru4nth
4v later2.AdiAn
� progress 4�v m%,, must be uu:uImmmmmtil:mm to I)EO on f4mmm°mm. dv dm4 dvriov m uumm"�'b III EO
4mv e tendi day, of every a pd1l, duly, Ov vulmv2 andjanuary
3 .. Cui!%tv4�4t v Subcontract Activityi4mmumm, "m°mmmm.m, � �'��� 11) � � µ c ummm mmd,y vv vm.l4 ldm at
fJ�l /f"r Jr ""'( �i / �� �"IUC'P "'�i�' rp flat J ", '"m
i h„fir I,�rrtr rr �m � mmmv im�, �m�.m"�' �"i ��� y
mµwm*fmmmmm2ce, must d.m4 vuml.mmnitty b2 .April 15 and October 5 d acb year through mdu DEO's SER,A mmv 4mmm,
u v vdrm Ihv fori,ri, must .reflnm4m O con mm4244l v4dv° w For the pmmmivuu , including NUnotity Business II'a ammaum�mm��m
=o4
the m�4 a mm�2 um 'TM
and mmmmvmmm:4vum.n vv mmmvmmmmvv participation activity umm vu 4 placemm" mn
.,m.mm 64w:m°u°:1. m"mmmmvm dm:^u.'�m+v4tv "no
activ
Suudmmvddmuvumm sliall clost:out its use of die CDBG...D fimw v and its DIAig4mm4um s Uader this
Agre4mmuvmmt l v complying with Pro
cedures s in F.i 4, vmm�uu�1mmumg vlvv°v out m
period mv4 mmvluid4 but 4unot limited mmmm4g final payments, mvmm mmu�amm vmmmus (*Immmmi
quipmm.ment� Unspent casli mmv�vvmmiv ma Program mm income Inlaammwes 4mmd
vdvm�umu o rece
�muuw4m� materials,v4�:mpu� ��um JI...� �v.mmuw� m.lvtcm.mmmuumm2m.g the! custodianship of records.
m
h vm
Smu�"mmvmvimm vu�u4ll4� mmm�vlm Eemu ing the�4m m ��a�lk'CD13IG mmvuliC� on hand a��uvmmmmu of this die
, N um mumm 4v mmv� timmue umE"' 4v mm11 mmm2mvmm and an
accounts receivable>m���mu4 �mmv u���m " �III�Y um� �mreal :mv ew mummmv the
who
umvm m4mtmmm� tm4m m�roved�� or in vu�m 311G �m� 54hm�4
providedto the .vm�uu4mma�u4���v �mm4mu) ,,buud:d dmmrm treated in vv4ummmd.4muvv °vuctm 24
4� 'I'mmm 4ccordo:mm44 ""uvit:dw C F lkl part 2010, vlm mdd, d�i u l' =C i.emmmm ITICet tl!iue ffizslLold, fww vuu umiumvion
of m sings or program iispecific audit; the atdit must be conducted b'i accordancewith 2 Cl& Platt 00
viand sulmitted P4 111 11f°.n rao lvtum4 than umimic mmmom.uP:d°:uv f"v4m"mm the and of ffie Sudmmmmvmpinit's fiscal year I f dm
uulnedvien't did mm4m mrw:1 e dmom audit f dmmv d old,, anAudit Certiffcatiori. o mmuuuut In dmrovidcd to, :II"XE
nO IvmJU HIM 11h3e months fiom d°u end of the S' u.breci ient's fiscal'year
5A copy of the Aridit Compliance Certification fomi,j, Attachment Krrmv xm In emaded m4
ruJ vd,firin sixty (60) calendar days of" the iimd of each fiscal year iti,, wbich t1li.ts
vuulmgm nt was Open.
6. The Section 3 Summmy RepoM famm oua H'UD-161102, mmmuust Immm commupd4f4 iand vuud.mmr iiiPl4 flirrmmuugh
is I.?O's �11 I:tA mrmd"mumvih:mm.g sysm4mmm Iq July 1,, annually lIie f`mmrmm:m m"mmnmuv I.m4 used to vepmmu4m mmmmm
s mvm to vrr:m an other w'mw'ma°mmammmrrmmm:m mmmmmuumm ties m.mm�v° mvu°ruons
vumumumm"mm m�a��mvmmmm regarding �, u.r, m�mm d:" and
Ivus um4vmes [ixt ineet Section. meqmu 2 vm°mv4 v
W
Packet Pg. 1350
Docu&on 1112'iiiwakwe M-
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
P90 Agreement No..: 10092.
7. Request for Funds must be submitted as required by DEO and in accordancewith the Project E
Deecripaoft andDehvezables; PrqlectBUd9CtDL-MdandAcdi* WorkPlan. 0
0
B. All forms referenced herein are available online or upon request from DEO's gmnt manager for this
Agrftment.
IR
I Packet Pg. 1351 1
DacuSucuu nvvloze M
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D ` # Agmemimt No..10092
Attachment H Warranties and Representations
..." ��m __ ..,,, ... , , ... mmm ... ....�m.....� rr. �rr _� ............."aa....uu_, , , , ...............
Financial Management
., SuIxtecipient's .Iu.0 l 2 i° uud u� "uddu thpcuuumcus uu" R�t 0
("muumu��uulq2C [4IC 003i0tided
an Mar��uuent) Section m 1, 8,,3 , FS, and include the
following:
Records(J) Accurate, current
omplete discloa=e of
cial
ts of this
d�uidenfl m , he souurce atum°idl uusle of u �uummm� mu or all au activities. d�'hesc orris shill uu'daiu
a �1uu incomegmmuo t awards, uu � , ' =rhi tlon , obligations,, uunobiligat balances, m ts:,
mu
�ffcc6 � ��uuumudrol over yid a uu dr ��,uulud�, �f aU r other t I'll�u �uuuulllDuu ciple u't'
mm d� %U assets u.0 c d &� ey are used slur" authorized rued PiuP'c uues,
��°uuu�d ,uud',� " uuuu� Luau �u'mmd:
,mump,msou o a diuures vdth budget uu.mouun r uu uuuest r Funds (RFr,) M'u ver
�. , financial uu "ucuu..oc duori should be related to pu m m.muru uuu e and unit cost data
R. uum.il dV�" roue whe-µ�'u r costs are a'd:dumum�e m uu"uu uuu ald turd r d:dm provisions ns u�d the
u ,2 C. d muproceduresan pardu d C R.. 200 Subpart III�Ktided ""Costs Pd.nici mlue") and the te=s an
conditions of dris . g'u'°ems row nt,
Cost accou:umud a°ug records that are supported by backup, documentation
Competition
quu°m:°m uuu mud . gum°buuu"mrumust follow t1w,,provisions of � ���:� 1iWJi 3uuud I' uconducted'
�. on �°fir c uuduu eci, muu ud: rl z ll I
u u open uummu d:" mod: d:m uumuudu mcmm'd.uc'uuu'well
ud.m a umu m�uuuuu ariuu°uu'v Practices
� � �muuld u,°ummuurumud�umm^u ffiat mmu
� u dump m May umu. uu'd�uu�r uuu° emmuuu�u competition m°mr uud�u��iumu m°'s� �.
mu.m' u�udu uuu u'mu
in
mu'ul In
m�contractor
performance ueliminate unfair uuuuuu. u�umuu,a
umu° muudddmcuuuuuuu,requirements,,
statements o uuuinvitations f-ur lids r
duumudforr� uu� shLU dre excluded from competing for uclu procurements,cs must fu uuuuf to die
respionsible and responsive uduuor rfumu uuuu luuu l m� most advantageous to, the prog m, uuusidri
u uiund oufoSoi Solicitations clearly
um.0 fuct du a u• m.�u.ud.uum� ents� that dare bdm�det o offeror
inust rejected, ll if thereorder
cucuumu�d � Iiidaiuu �mumd reason
ddu du.a fug d:d'u dmu umlm �uu.m uu.'d� a�m.�u��� sand all hills um off :m fie
Codes of Cotiduct
e uulmcccupicuut sdu u l dmu � � fatten uud' :uuu� mr a of cond, ucgoverning t e perf, muum.uali i d tripl uyees
eng
duudu uu uur supported udum ruofficer u in die
u° muudwu;u.''md:
' "muuu� um wi"�mu�uuuuuturuddu�uu m�. iu�uuudruucontracts.
d � u� �urrul uuuu* if"lmu� uudl�u� �ud,� Hm l rum m
n d u to
w'uuluuuu. ict of interest, Such uu conflictwocId Anse wlien die employer, offlizer or upgient,N itnym"um 'rnber of ids or duet
inurio
ate
m u u te, i m umu'uuuu„ lim
m uu interest duu iu d: uu u�llld
d ,uumu �.uduu�"u einpl m, s u�u u�W about to employ urim�� u f d!im� �':m' c
� �uuuu uuuum�umu.
II°dm officers, employees es an ,°ell mud dlll.ue ' uu�uuuuuuu diw'uuud" uhuu rle �m�u ddluu soli It not Ru jud° gm a uuu, uuus� :u
�� tn°uµm:mu mu�"mmuu muu:. �� value fic mu uuuutu urtumu" u�uu uu.ud~,11e to uuu1'„„ uumutrzct 'nic standards ofconduuc u'u'u ,ist provide
for cusci u u arty f y
hum�md°cmru mm,��d" S�mi"� m*umm,!� d''m"m d,u r��ml�dmmmi� I �" �r"�i4"`��'i��il� wa.d" N il"mmifi!d�w'�D'���'m�'m� !rim" agents W d"�d:°I�,�"'
�� � uw'udu "�u. � "d"� �u�J.,• . du�uu.' ud�uuuuu^u:uu� Ilu �uu�mmummu"u�,
,Business Elours
Mae Sulgeicipient shqU nave its offices open for duuuuumm euu ,aith the entrance door open to, die puulm w'u, ami cud:
least n luu row n lulu^ dimes for s "Reasonable" dµ �� III:u'uuumuu � � d.uu�" �u�rr 1mc �u�uuuusduucm� 'according owau,
wuiu"uuuuuuauduuuuuu , Im t ruuu um:u m°mly igliall mean nonnal EnAdriess hours of &Doi :.°.�''mu d�.Pum,uuu� ��u��ummuy
muuuu�Friday,w
Licensing iiand w
ttitig
for RU o dwdumr udumuu:u�cm uuuOA for whic�u >r"1he are hired bthe Sulam" cur q�u umm m mmd dm u u ' and, permits a mu�u.� m
�° muuutrm tuns or ea u mu�rmum uuu°w�u� �:m u� ��uu�uucm4�uu Q
M/
Packet Pg. 1352
Ovk=USInIIu F41VnInnA III' M����� � II"� u��., i iHii'w � � MUM rarlROMIM III VIrO
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
Attachment I — Audit Requirements
su m- u ms�s s ss sw�sss sass sw� I I fhe Subir� � w��uu�s� t�..,,. .... rr�....
„.._
om
usssusuut ssw�w a b �r I) O as ssssspus ssu r�u:ps se6 " suuspr wus w ss� auditsand/or
Section ! w µ procedures y sus, (Audit �ss�uu�:usuuussu�s� sus�w
evn of
monitoring �
su �uu.�wu �sw �°��"�"'� � �°u�sl �� ����wus �s�uus,psuuW not be ln.uuuiits
to, on sits insets 'I)y 1''),E0, stsf,� linuted sssu s auditsauditsas definedby 2 CIM patt 2010, as swum°w eds suuu us,r s ll!:w r
su�w�csuuwfussuuu uu us, k m � �" . � � , �m . sue u . wsss� mu . ss �. 'h:�w-w suuuss ..sus su�w I.0 ��;��
procedures. uures. � seta sirs wuutuw gees ikgreewusss°ut, �~lw.'s sular ci q ly an sussm su° t:. s
ss u s wr essss d
^���w Illsu ��ws ss��uu� � IE�u�sw4:suuuusss that s lu:ussu:t�s
ssusp� e audit ��� !ic Suli�ss�su��� is s �. r � � spsu!sts, d°uw!b. Sul)recipicnt agrees tocomply vwtI°u any aduitwa°wl
�w V� V�In�u w�wi �:°'u���.,I����'�w� 11�11 w��f4�!�I:w�"��w�l�w�'�"��I'�11 ��I�, �, " i d�lw°�I�isi�"�V:' er'mp4'�"m
use . ° . p such audit bus
�:asssus �. psis sws aUldi s uses sus uu�sssSSM7 by dle Chief
dl'Is s wart is uspplimble if,die " uubted, uien' use Struts sss lessee] g °s�ssswwu ent sws s seise �Srofiuw s.u�suuuss�iussu defined
u:wsu
uu � C�"���� umss wssw�
���ws1��uu �s��u��s�n �usu�s �� single s wsw� s�wss�$1750,"00 w suuws�ss woe ��;,t. ��w� ���us its �i���wssl �rs.ss, he
us ss event au ha ruins ingl°w�o p expends p. fir usuudit conducted in, accordance,%vith dss pro%n s was
s its ss w �w ul,)r ° pient s r° "� sources of Eede a Var&, including fed e:u l wuuam e
1usss�ss uss�ssuIN
os
s s unts �f fs ss�ii�� suers ds sx�s�isms�ide ��sh a �lic uussin
2. 1n ronn eclion units the audit ssu uuwssususn ts 2titircsised i:!i Part 1, pwsw grep a 'I, the uubtecipiss't shall fill flu
dre requirements selu st Hsu su:wutwtss sss�suuu:msilwplutur.s as �:uw°uasswtsu� ww F ps 200 t t= F "'t odit
V' ssuu
suauu�ws��ssus ust � �� .� �Requirements),
.� �uus swu�ut�� suwuu�tu:us�st
u cordsssu u i� ss w 0 Subpart., (Audit � men s a revised, u, �
u sus uu �su�u.s uw at�di ex u^ s less a13 7 "u uis federal awa s wuu � fiscal
yesu
� 5 t0 0 sue �sdet , s
required. :�uu tun ussu ���.sst its �"uulusssu s.w.ssu.�. expends less,than ',��' sssuus°S in its fiscal
year uuu� d elects o, ba n audit nd ussus� cc sue uuuuss� t �� i pusuuu s' uus auk' CFR()O uulmq art F
w
� � uses s revised,d!ie cost � lugs uaid fras�uss ��s su �� '� �� �sss uu�sse-s (u s,�
the u°wfsuuds �awuu�u�t usuuu*s�� bequuut h�"sss'�uul).w"u^dpuusuut.usuus�uuss�ss wulu�sw� V.:wswusu other than ssssp
entities).
s
4 u� �1�'��uus��hturs� the 2s s�a�uuuu��t. entity, fuss iu� ��w�pts�aiu� t�s�s �u.utl� ��stpsp>� tcommercial, 4�rasu� �u�w°��°,
tl tuubi mitt e ��suuns
.. J32 t
�s
I � uu� �
u� ssusss tusk a swusmut suu�sw�sss wsuu
m w�ssuu� 7"u'w��iWi000 or more use l.sw sss.l sas s must ss�uus�sl~;,� uur dii federal suutuds tu, idcUnes (see t ^ F.R,.,
200 01(4) Adtptuuuuust� II, fees posh entities may p:us subject to certain Specific audit sssuiuussusssus of
individual federap t uusIDt agenCiCS.
48
Packet Pg. 1353
�)QCUS[w'i if °Iilveioiim 111U 4aCP3411")1A,,,4Au9 SIA"Alm
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
PEO Agreemm.t No0.092
Adchtion,A, Feders 1, SingieAudit Act resources can 11 and at:
-J-q . . . . . .
PART II: STATE FUNDED
Mis Poll ils applicatile if t1lin &dbredpien't is �a non -state entity as defu�n 1by Secdon 215,9 7 (2), R S.
In d!ie event diat tbe Stilmecipimt expends �a totalamotmat of'state financial assistartce equal, to or in
EXCIC&S Of $ 7510,0001 in, Rtiy fiscal year of such Subirecipient,, die Subred i 1plent must have a State aingle or
project specific atmidit fbr such fiscal year in accordance vid,th Section 215,97F S �q), icablic P] rules of
t1w I)epartiment of Fimaticial Services; and Chq�ters� 110-!5!,5101 100d governinernall entitles', or 10,6501
(Ilonprofit and ffir profit organisations), Rudes of the A,udit'or General. Ilffi determining the: state
financlial assistAnce eVendied ii,-i its fisoa] 31ii"Mi, t lie, Sx,ibtx,cipient Shall COE1.411der all sources of state
Bliancial assistance, including state finandal assistance received from DEO, other sbite agencies and
otlier non state entities. State financial assistivice does not include Federd direct or pass d!irougll
awaids and resimucesreceived 1!i1y a o�cli�n state entity fbir federal program m2t4hing requiremielinti.
connection undi the audit req=ements addressed in Pmtt H, 1?aragmph 1,, diie Su1mcipient shall
ensure diat d!ie audit complies with die requi I rer!nents of' Section 215,.9 7(9):, F S. 'Ms includes
submission cifa fi,!n�tucial!reportingi),�ackiage �as definedl)y Section 215.19`7(')FIS111 andChsj)tcfs 10.550
001cal govisinmental entities) or 101,650 �nomprofft and for prof I it cirgam I zadons):,Rules of d�ie Awlitor
General
,3. rf the Sutweiripient expends less t1imn $ 7501,000, in state Enancial assistance in its Fiscal, yicu,,, an aj�idit
conductedin accordance vvith, d!ie prOvIsions of Section 2151,97, 1�.S, is not req,tiined. I,n die mmit that
Subrecipient cVenifi5 less than $17,50,000 in state financial assistance in its fiscal year and elects to
have: = audit conducted in accordance witli t1h,11111: Provisioris cif Section 215 9 7, FS, the cost o�f� t,be audit
trimst 1w, aid, from tbe non state entity's resoutcCIS
,P (11e., die co�st of such an axidit must be paild froin
d�ie Suimcipient's resources obtained Irom, ot1rer thm State entities),,
Additional infonnation regarxiing die Florida Sinoc Audit Act can found at��
aa
part �would1beused to specif�r anyadditiotwd audit reqtdrcisitects im!posed 1)y the State awar(Jing
entity that re aso ,Iy a matter of fl!iat State mimarding entity's policy , te., die audit is !not required i!q,
Federal, or State �amrs and is not in coriflictwith odiler Federal or, State atulit requiO!1ernents). Pursuant
to Section State agencies may conduct or atl! %nge ffir audits c,fs ta te financial assistance
d!mt are in addiucia to audits canducted �in accottimnce mifli Section 215 9 7, Rs. irn sucbi an event, the,
State ammrdurg agency must arrange fbT 1�!11,11rilng the fill] cost ofsuc[additional audita),
N/A
L Co, lies of ,P reporting acliages, to, mclude any management letter issued 1uy the auditor, for audits P
conductex] inaccordan(:e widi �2 CFR 200 Stibpart F (Auldit Rieqkntzmcnts),, as revised, and, required 1)y
PART I of this Exidbit Agmencent sliallbe sulmmttedl)y or on behalf ofthic Sul)recil)ient direct4i, to
eacill of the, ffillouring at dic address indicated!
m
I Packet Pg. 1354 1
(kewSmill I!!!nvwoiie AC234111A
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Aereement No, - 10092
A. Depadtnerit of Economic Opportuility
�mr
ncialMonitwinmd, Accountability (ncoply, m1unitted to: the FMA section shmdd be serit via einad to:
. ........
15,: 111n.-Fiederal Audit Cleming1rouse designated in 2 CFE, 200: SulTart F (Awlit Requirements), as
re%,iml, dccbxmically mr:
,g
2,, 1 Copies of audit reports for audits comiducted, in accordance mth, 2 CF 200 Subpatt F (,Audit
Req,uirements), "a,s reoised, and required lc
[:Iari� (in totr spondence accompanying tbie!,wadit re iort,
indicate die id -ate that the Sulwecnt �received the audit repiort); copies of the reporting paclartge
dieactR%ed in Section .512(e):, 2 CFR. 200 Subpart F (,A,u&t Requirienorrits), as revised, land ally
management letters issued by d2e auditor; c��opics ofrqorts required by Part 11 oftius I!,!],x iiI)it rilust �Die
D]IO at the addoesses listedinparagrapli three (3) lmlowv,
sent to
1. Copies of finandal reporting pacluges requiredIry RAIRX rl cif 11! tis Agrieement shall be sWunitted
or on bidudf of tlie Subirecipient,dillcm�y to madi of the fnljoming��
DEO at die follommig zddres&�
Dectronic copies:
1 11ie Audiuxr Gmierat's Officie t dic fbInving addresm�
Auditor General
11,..ocal Govr=erit Audits/342
Claude Pepper " Budding, Room 401
111 Wu,�t I111'adison Street
TaUahiasiiee, FL 3,23919 14,50
E�,mall Addres&Lj/ax , " ALJ,"","
e
is,
4. Any, replorts, mat1q),ement letter or odicti�m!ifc!)!rmadoi�w,wl quired to I= stfl=ittied to DEO pursuant to
dilis Agteement sh2D I)ia stainnitted thmely in �accordance 2 CFR 200 Sulqmrt F, 21,59, '1 FIS11,11, �and
Ompters'10,550 (local gov'emmental entities) or 10,650: (nonprofit andffir Profit organizations), Rtfles
of the Awlitor Gener,,d, �as applicaI:,)Ie,
5, Recipients and stflDrodpients, whcri sulmitting finaricial repordtig packages to DEO 1c�m® ai,udits done
in accc!jrdance Nvidi Cliapter 101.5,50 nocal govemmental entitii�,$) or 10:,,650 (nonprofit wid, f6r--prc ffi
Orgarlizations), Rules of the Auditor General, slortdd indicate dae date tliat the repordirg packagewas
delivered tothie rec,�pic�nt/sul):relpt'e cnt in correspondence accompainying,fie reporting j3aclmge
I[Ire siltmecipient shaU retain sufficierit records demonstl-aLing its coinplim!%cewith the tensis of diis
Agremnient �ro�r a petrod, of'si�x (6) years frojT4 the diate the audit report is isisued, or five (15), state fiscaLyear's
after All rep!olrd,m,g requirements ate satisfied mirifinal payments have beea receivedwhidiever period is
longer, and sh2l] Oow DEO, or its desipee, f1e Chief Finandat Officer ((70) or I!Wditor Gencril Rocessto
9116 McOrds upon request, In addition, if myy'litiption, cbori, negodation, mitdit, or offier Rction itmolving
the txcords bais been started prior to the e3q)iration of die (:oVittollink periold as iidendfieml d!iove, the records
shall Ix retaincid witil, completion of thie action mdresolution Of zu isstles WILich axise firolm it ot until die
50
I Packet Pg. 1355 1
CW=Sbn Enmobas Fl- CI`:11R'2W'%j"InC4
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D410 AfKAW NQ IN0092
end of the canta% pedod as zbmm, whichevex is langmr,, ']
be sla,r11 erm,iiaxe that
Papers are I'm"', e wvailablel�o DIX,'):, cm,"'sts CTO mAxOtor
General upcm request for'a
PAR of Eve
(I yeas &C,��Izn tlle &,tte the �,�,tzdit� =1,! is isatzed, tutus exwnded
Owdting by IXEC,
Mal
I Packet Pg. 1356
[30ccVcc 112w°wk;D1)c dIU U234�DIA, d8'f�!� AAI��! u!IAARJ`00
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
;"-! ' g.�.. o, f0'
SourcesExhibit 1 to Attachment I — Funding
Fedex l Awardhig.Agencr
Federal 17unds Obligated to,, ii.ca::2:
C 2ci g of Federal ii ca
Catalog of Fedeml DoinesticAssistance Number:
I "A& ii ,rfcl" a mrvayr)i and dnekwent lw aw"r
S. DepaxLmeta act" Housi n .aaa 'Uxban Development
aawu.w:ac�a ty,,11
..)ca clopac:ac t Il',Kcck wmMac. tatc's Program
I4
'nway gaaac cca w'cf.11' elmi � lari a s �" )III c w�'�`°�'
Home uy"o at lac° q w � is do acquife w o erb^ui that iore i I n ww
S, esi&I Hood Hazard Area HIA), indin b, risk flood
ucc s to help reduce tbei=pact of future aasters, iuid to
la. is proja ')erty ovmccc to relocate outsia w'"w" the di,,:aeaat of'
flooding.
Compliance Rca'lturenien3tu . i°r ccl�lc 2c c Fede I. `Rcca3 =cc .Awarded Pursuant 3o this .Agreetli c3:2
are as Follows:
"Federal Pr�ogriun
I.all exform a�o: ogcta�raa cccc � cr.t' S�c8aa �w10�1_ 3mm F.S.
][he 'cacc aswact aacww rc�� cmis in accordance math 2� § !7480 ............ 570�9"
m�cc� aca�aquaperf cthe
obh6ptions ais set f6rth in, this Agreement, acu uclia.:n y attadin:"a.w I or
exlli w'. tlwccctor
,alc accca w act c p .c � wn g erred li �,LU a aaq:a'I.c lc c rr e c a ccaac in ch ug, but � clw'n ce r
caaaa� raw ca�cacc
ca"w di:&
Iuw<.wBV t��µ acsc aw'cc�m.ca aaa .°°.��a� Tc��� � � °a"c.�a � � acamat"
���pa �:wa��c�c� as ��.niu'na �"�a�r'Mi^aa� .n
Notice of Subgtant Awaod,/ ou:ad .Aimilability (N'F
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the:
Matchingso es for Federal Programs: N,/,el
Compliance Requirea lic le to State Resoucces Awarded Pursuant to this Agreement are as
Follows: NIA
NOTE: Title 2 C.F.R. S 200.331 and Section 215.97(5), F.S., require that the information about Federal Programs and
State Projects included in Exhibit I and ffie Notice of Subgrmt Award/Fund Availability be provided to the
is
Packet Pg. 1357
DcctilMa 'h Erwa °ins III' m
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
IrE! . �No.,. 10092
Attachment J — Audit Compliance Certification
Mmmff c O af, ifib form,iiii D "c Iu D" cD cc^ Vr ul, curf4rch dui siftfflng, imly c!' uc du!"V
Subillecipient,
Ci nct' ic't's EnIgib
Dild 'f ilc Siikoccipient expendstate financud assistance, i its fisic'a yeati th,at it t'ecileved
under any Iagreement (e.g., , c ntraq, pipn inemotanduin of agmemient, tnietnioC andum i
understanding, a%%lard agireeinew:� etc.,) [uctu'iveec the IS uI°.xIodpie,nt anlid the
Department iEconomic " �'u'ort u:u ityl pIIC o)� Iiu' III e I II .� ' Ol
If thwiavle answer is yII I5:, MIRWIer ffieffillowing befi rc Proceleding tin it
id the a uulu ccipie expert $.7510,,�000 ortnore of t tfin ancudassist^ cc D anid
all cu��
other
O
�� ufiscal
NI,� a�l
sources�. state �:u:�"uu�u� assistance .�:cluuuD its '� '' III �
III
If IIc'3'thIC' Subreu : lent ��' � thatit will fhnccxiicplyvv°. th, all applicMi
le 'State
single, .1:' pfuIcc specific axidittleqUiIrem x:uutc of cc uc. 216, 7.Florida Statia
applicable .ic'able ul^s oaf theopal°an'w :F.ncial. ' Services and the .Audi ° c' *L
�cccc� 1�c �.w Ilc�cw��umm�:� ��. ��uc�cuuuu.u:ud � ': fiscal ��eth.t .ittccec~� �� u���
���� I "�� j his �mul!wtec�� ��� des �� ��c u
wernu^t, etc benvelen The Sureu.ieD .. I y'''s
N
the cu c: answilet,.yes, 'Iuucc.ul a°;muu blc.c rocceldiag to I'',xcctiti,cc of this
certifiration-
Did
bu ScI:u.cicct mrplend '7",50,p'III or tuucc in fedetaLawards (From I�O and all uufficr
GUICUIu 'Of federalawatds combined a mu uui itiaca,lyear? 11 111 Y�c6 []uu
If ye31111 ' c 'ISIM"Ibrecipient, certifies .i ill timil, coiiiVly with aH applicable B :x:uu.gc' or
'audit .requirements of 2 C.P.R.DD ' 1 as revised.
.
y sig i:� g c �c ,...IIII' certi i' on cb lithe Subrecipient, ' is fat he above c c Dx'itta cc
ace°„ i ems I � 2I e IIanu c rrec
_ .... _ a ....m.... ........_. ......
Signa uuu°c of Auuccri°cumin, Riepresexii.tadvile Date
Printed
__�'�c of �����umcc� ���II�utesent�.c x T�u���I of Authorized ��^ w ��.�IIu�"tat I m
W
Packet Pg. 1358
l')Of3GWI F IIIWWCWI%A IIIIII"1: At g' °Ill ,� m m umm ma w m , uw µiim.mm'" m u r u
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
P `! Areement No.-' 10092
Attachment K — Subrecipient Enterprise Resource Application
(SERA) Form
Current SERA Form will be provided under separate cover.
m
Packet Pg. 1359
C"'Noin"IwftcrFirww"Iet'll"mm jj"Ir flid . . .... .. /�""4AUI W 1( A AtuR1,, R ir 11'AAWR
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
DEO Agreement No..: 10092
Attad hirne-t-al E
2
2 11 to ]II[art 2100 1 1 Clontract Pro vi'sions for ]141'ioniii 1`7edieral. 07
alltity Contracts 1I.Jndier ]1.i'ledieral Awards
... . . ......... . . . . ..... ................
I to 00 -
In addMan to ather pvWm; reqUied by the Fedmal agenoy or
rnacke b,Qhe non-Fedaral eriTIlly a'J"i Coi r4 �jg t [e
fdj�k"-v) "vIIu igli r""11' I'DtI1 ice We,
(A) iflhiair'Ourie d"Ir1 a ))rmnrllIlysrzwt ar"
Is dw Wtion sJusted arnourl WnNneof, ic!I andva
RegUsUans il o,,�iujriu,,";fl 1)11"idb) as e0hwiz1aj i by, 4 "1 LJI. S. C' I R")B, r"ni ust
CmIrsaWa4 or 11agahemedWs in oir
airid Roir auctr f,,,sainaiJaris aild peirraHie' as
X1 iin Of rnuabORMSS tell irril 11 ffticauss amJ Ir owmenhamm
brMe norrowde,rd emu, h1dudhIg Ow by ""?vlall WHO arrd basis I
j,.iri idei 41 QI Ilan IIDart
�,I,rat ri it tiI 'Iffi�',(de WNwsd Wed coi 1 41 CF,"I',",Z IDaii t
60-1.3 anist include Has dat'�'Se r)),irtii,Jinr,Ari r,[
')'w'v1h� Exea,�Ithi* Oii"t,Ier 11241 "Equal EnjkymemI rty"" (30 Fl,,"R' 1,23,191,
3 0���"?' 1��Iar( 19641905 ,r, 3,39), f3, I,,')jy EiXeClltive Ordq,,," 1,137511
",barwnidlIr,�g Exem,tvei Order 1124B RWsUng to EquaHlirplayhriol and
regulaUcris at 41 CFR pan So moRhe
E�q�ual, i �,)'b rn'1"',,,,,jjj r'("r Of, LWl�mr":"
(DJAWaRecoin ia'J (40 LAS.C. 3141-3148), ')V
1,19WOUM, at prhme constructor; conbacim; in excess of SZODO awarded by nor;FederUl
enimbs muw1rewds as fim", 'IJ`re Q'h,o°S Be6amii Awt (40 US.C.314t-
3,1441, 3146-3,148) as Mod by Departmerk of Labor reguWdans (29 09R Rmt Q
;tuoir' FAWWons jc'Iz ,, u' id
AissIstei,,I C",arIstil�,mbonj. Or tI"is aWtute, conhadars nual be nquhvd to pay,
images to laboireirs airia at if'ai�iis ,)rct less 0han if preva&q wages spedRed hi a,
wage densuMnallon made by tie Seaskery of Labor In addy,,I�Iaf ii ru,)sl', reqi,JJireid
to 'grass Orricis a,2 Mmak The na>F�'E;'JwireO t, t))[acei a
ci))1n eirt"t, Waned oy the Dqjaw
The ded61o" n to award a coMsed cw be 11 bmil ii a
the wsge delennhoW The non-f eder'zfl 11"Eq,,Ioi 1,� i j,,)i s i c,j� ir,, 1,,
1,1s
FVcolwal rmot sWo inalde a proWn Or corgMance
%mRh the Qx4and 7AnUQQckbacW11,Af k (40 US.C. of
Labor (29 t F"I'art 3, and Submmitmoors an PuWh IhMdhg or
Or 11,i Part by Were; or GrIr,','qirvIz ftf"':�)Irri 10"�'�a h"fll�d'
eadi caMirad�v,"jr or w by aa iy rr'mw is
Emy pennon ampOVsd hi the consUucUoi�I, g,),,ee G,Uko anj",y"
m Hon to Wort I(lia aUj iei"Wse ir, . .. ..
repo rt ah III ir Ix"�,r"ar d ttrIe
fl)Coii ttialot Wk Hbwm and Bs%jr Staii t (41r,) 1 3701 3'708)
aH corMade awardvid bythe nornfederafl ki e"X"�""f'inss rr"v'["74vie
enrMoymmnt Wbwev nnahr"Ich a1e a pirvvisliolil R Jr' wI111" �40 U-S,,G,
3"iF02 m Pd 3`704, as supNemented by Depwtrionli of Labor nquilkormi (29 CFR PaM By Lhidw
910 37r,)Q o'fl,'I ie,Act, off be requTed tir-�� t"I of OVON,
rrvachmic and abwer mi Me basIuu of a wiels$r,, of "') iri
MW
Packet Pg. 1360
DUK.IuMqv^jjj jjllj,,�%j `")unta-mrm mi
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
PEO Agmemwt No.: 10092
O!r'' Pir,,7,,VWed MaWwoMaii aa 0
a hal Vives tie basic rete of pay for oH hours wKwked In excess of 40 hcws
in Uie work "mot ilia of, 1111) LJZ,C3704 �18 tir:,, ��moi! �rt: I �ii,
plum4de that no Woorer on rnechsni�ir,; nin�ii be req flwd to workin iilr uirtdal,
candlons %Wchl one unsanHary hazondon,rI,,,,,"i eil'V,ri ns ii I ii,e#:)l,iulirei pplyltio
pun:Kases �",xf mAmata= or arUchs WIilpy i
U) hwimUlbro, Made We,, al neii Ilt IAIrlie avvisird iii eet,,, p,I �e
defiNhon uVWdlUng agreemal" under 37 09Z § 41('11,2 ar"""I tfnii� Oil"
W41`,,�esttismad bll,,mlness ftiirr"( ie
a i,,i & aSQpi"ill i'llit nll� 1011" of expeWell
ljil,,ekalAI Barr( wNincHng ol", SubrMcIpwriAnum awsmy VMh
req%meNs of 37 Part, 401 11941 h) invw1kno Made by Nanquaft QadzHons anc,(,
IIIIIUUerUrildie@r I
d �,�,,y ig
k1r, (42 USK 7401 7671cj,) wi id i(priUFederl@.� CoiiitirdAct (33
1;` ,, 1 1387), as Conhads and sUAVeMs of smiowva [n excess of Q50,00
carri1"alil"ll, a u Nos Me non-Firilers! eyvard to agree W covp1m1h aH
OPMOWN seandw4s, owthers or 1'42
in e ii- Pdj% I
i ),I 7671q),, i itr�ii i WIW ided i U.&G, 12!51 3,,,-7),
r'amt :";w ift awwdhg ageixry and Me FUQQW
D61�:mrrriei �ExamdlCkdefi254d 2�e aA 9
CPR IBa22W vnii lml,, i pall 011 HII �e
"ovir
rr iciiirriI, (SAMX in aumudence I hie r le,
thN IlknMemant Wmtwe irdei!�B ail,,0
POO 1989 Camp,, AM !��xxWsilons tNii ies
of porbAss debaned, suspended, or otberwose WMed by iageir-wk,, i�dedwre,�J
i�":01`y 01i, Warity ahciir xeciflve, Ordei," 1,21"":,49
"Frrandmerk (31 LISZ 1352,'� i id ale ani
awaird diing $101000 awsilir!H�e it:p',iis reqii (1, E.Sck'[I tier w
Wawa that 11 WH ncI and has nW used W terry
argandabon Q waNuandhg or iii (flitmnice an OMW or emiMayse of any agency, a
membeiAl Congmai, Wer an erpWayee of CanWew; or Sell [�,, nr"111ielr ic'o,`
coirifgresc IIO im"rill"IlinedlIon mdh aWailling any Fedwv[ amp, 1" a,,vv,,s,'irid irti, d
IZV 31 LLSW 1352.Vach bier nsust aWn disdose any Woong
rMace hi connection whK dMahling 911 [y Such am Swe Wed tam Uer
200322 Fliro,�wireil ii,iiisri
alt 79 75888, 119, 2014jI
ow
Packet Pg. 1361
OcciuSllani Elmusloillio IIID° w,12." dIDIA.. RIW"' Ki..�°,
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
F.3.d
AgreementDEO
Noi I
tM
State. of Flodida
cult ld"'�"mt l ""111, "tart '
Community,
nru,�n..'lu ennt , Ilrw eluaaennt" ns nrlaadu n lald u�lu°nteln°e nttn„n until It@nIE's
... un nVln"iu tIk SIN"'(m I Nlk 111 II" 1 20, p � llB���vd V i U i rIII@�h ieir @"ie Eli i' tlC lu �"
U ��,�, State �.'��. II IE�n�°IE'd"aiby �al�dal�uu� "�� enn�t cween ill!��� „ .___---�- _._."..�"
"° uubireci 'le'luat" anrnd tltie t+
• �' � De pin �p n���molu°ymiIIpIpoiv,tunit. hier6ulu°mfter rierfi�lrreitc
as ''w't EC)").
En@ conslWeln~ationn ,f SiubImeN,-Ju ulenes re e'lpt of Ifunds clna time cclntnl itirrieln't by I IE„ki e adlu,uu to Iubired0elrd°'s,
t'Ean:'w' ""' Inan'n't' Piroi„u�i„� �"') � D t�V 1 �y'
t�tenwnlhrl�IE�uwatulua^neluat IEIPunn@���'v�elwnl�un't,.�h�,������u��u' '��u�I�IV�e�t'lie'��� �,�,; � �� c���,r��,�� ��IIm��N�,ln~ t�'�I�� II�'� ����cD�aumlN�uln�lut � �� ,�
a t tDlusasteir Illte6„o eluy IE I na, n Xin (the it lI"�IR itm Ip,IR IE rogiraluanl) adluwnnlualnstelned any IE I,,�t "
Siubireiciplent heireby assigiu°NI' °to DEC) aU of Sullltr'e luplk:n,vf' fI ttire trights, 'to ire lil uulNi'u.iirseluivelnt airtil 6HI
as al tln°aluat" snAlaslnd " IEa wansnulpt o I" suulralnn�e Ip:utnlEpnnpes c"f aIn pie or to wfeira e
' � I I �c' lu°�,aunn"nn �e��a � ulu°u, 'I
cl under any n ser eat Iwaln n' pilie� � i glared loan,
t' en, a��INnilllu°dst.�elu°ed Irby ItIlie IFeder6a �.rner' eu�uc
� s tie �
' urin', I I e �� n � �, �,
11 atanrfagemnneluat A;ennNc ("FENii unlu° the SirnaEl IRw,n'shwiss Ad nilulnnn,ttlu°a°tlEclnn I("OSB "(Mna lulEaluly, ia "1E",tIE'sasteln°
r girialwn"n" and coElet„tIE'nn'Oy'"'the "lDisa's't%'r'!In" PIN"ogiranna,sI that 'wasthe ba'slEs of thie icaiE0i8iEatkiIri of Grant
Proceeds paid or "tin be iWid to Subirecipleinit unadu"uln tlEae CIM-EXil Piro, lranwa alu°nd that aline n etelnlmniIElaed llin the
sole dp'su:.Inetpolnal cif IE III;; 'tc IEre a duphication lolf Ibei n'e' is ("DOB") as Iprovided in tlEnlos f lu°uaernueluat:.
p"Ihe Ip proceeds or IIp'ay rnuelnts Inefenn°'ed to In the Iii:xreced irii, taana Inalpr h, 'w whether -they aim firol a IErmirnr"alnace,
FE W.k nwnlr tine II'?t "n,uln° alaltw othen'sounluc.,,e," and whet:IEau'nnln tnlr lu°ulu,)t such alu°rnln urnnts alne a 1DOB,, sI' raIIIIN i Ire i !hired tei
herein as i"Proceeds"," alwnd any Ip' i uu„,eeds tlEaat "ire 'a DOB slhaH Ibe Inefn'nnnlned to IEaelneha as "iDlOB Proceeds,"
ttlp ,Dnn neNc6hwlrig any IE nnaceeds" Sul)ireidElr.flenit i. nees tua �I alu°raedluat6iy Itiae°tI&V III IE C w ilia wawlHI deteln mn'pnae IElwn its
sunlEe dIEsciredicinn Iff SILICh addllitlEualuaaE alaan InulNats constitute a 130113. if SolurDe oir alElll of tide IPruceeds m
de°tenµn°Wlnned tuww Idle a IDOB, the IEa ln°tlilann tJhat is a Di()B slhiar H be ;)aliid tc IDEO, tin IW e lu°etal'ulu"nn'nn'd alnd/ualn dlpsbnrin°sed
as providied iElnnl tlhN Agireiernient. "rEae alaaclunlnt & IE;t't 'lll . deten ^nlElriled tc' Ibe Iprua'pd to DIF10 shalrlE INauat e ,Aceed tlhe
alnlnlcn.nlNilt rcl.i'nuelp'ved ur°n..lu°in'tlhe i " N'E .-DR IE Incglnaluin.
al assist ' " new�Iil�.nlEellat a,l nwees tartnmd a�uaelp lelnate na iptlh p E to pil uns' cur any ofthie IEailluvrarnn. Iuul�an°�un! 'plprnlpeu'nIt has
�N�,uap
such, ut�lpw, 1pu s. p urlllrinedip ili s
asslst'an"nu"ue arid Dntc elnatpur it
EI Proceeds
u
ulnas , the �un"m��t'u�,ulu�°�umllu�°'� ..cn°� In~en'u shall u�nIpun�dn�elpuunl�ut��uEnl�alVll notd @Iilwulutu�d'�t'o aflinwirig auuit to, de IbIw°nut in
uull l eu;w'p' ult rit"s nalu Ie(s) aalu°td providiling any addutlionalll n u'ttul,nlaau'unlwutaidi nu w itlh lrespeict twa such olu°usuulalt",' 'Wipn°u
s„I iI
sIE�'�lu°nIg at tlu�lii t�"uelm
i�taun°In°ua �ha �u.�.'pls°Italu°non w� ,z uIu° , m u � � � i� � ,. ,,," .lu�a1uue t „ p
I�nr°" nnanrud ulnas �d�e� Q aruu�tnts" Ipu u�uuInuun.°iulu"u I wn.. �n�estn�d dd I�If;��t lu I�nlu u,, Ne „ � alu"mn'� �"tln� c�
�e �uasultlu„„ � aluru�
' u�wmmunwnmuln°d band natl
d uu.uunnl uenatnnana �wtasuunnabIy !nn'plpDnlelalt ruulntlplueln a Inees tur asMst
almond cuulu"aolpaeira°te IEIN°n the att°a'irnuutauunnt and u'nallitectiNunlwn of iainiyDOB Proceedsthat the E Iuubre, lul IEenat wn,;,wWd be
eirrUtded tun, under i aIE'nIE'n@iucaldilie II)I[us°telr Piroilgraim,
if (requested by DEQ, Snr'Ibiren„Iwp ieluat a,glrees to eaenulurte'sii.iuculi fu rtheln'wrd addlotlion M durcenneluats iainid
plu°'nstlruulmleluata as i be requested to fuulntheln~ anad Ibetter asnuuligii i tun EEO, tc the eatelrit of tlhe 'Giranat
Proceeds Ip iMd to nrldlneu'uuw,pWlnnt Iu.nnnldier the Clt'tNmmlp; lµ'It IRn°un lilanalN" tIE°tie Piofiidpieso alu°n annioun"nts lurelcemnwed Iun"nn elr
the Dihostipir IPlu°°nwr°alnai'alne IEi IIP'Inmacieeds alnnd,jii"' nln airry rights °tlp°na'n reulu°ndelm°," ainud to takie, nar ncausle to be
Packet Pg. 1362
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
D"O '&a„ .. 10092
teitelin, all aaau�thamun alml do, aaur a.aauu e tO be l all tllbabinp e ureque teal bly I IIE:O'tame a.aaunaaaalnnmrnaate ainid make
eb''b'a:ectiihae tllhrae Il uualu'Ihaamne f tlhm'iit ubureeurineunt.
Sa bireciiplcmeunt expilicitly l DEO lu requmme of any compainy with 11 Iii lEm,SIuIlbmure liiIEpEe rmt Ilhel@d liiinm urmmunaumme
'" m' S ha t has aala adli t reuneiiimahun ;
amllE tllhraa �6 �clu° �aauni ctlhm�eur' elamtmt�a II w E IIE
n�amuramm aaaillball
eamin°
n ela�a�al
Int'Ealq uiam�'�uulrur�iat'i' aEetelnunr Vile�t,� t;, i,
m urm�eaMa Ilbaeu r�eaaa�aaurmllbob,a Inge I I itlltb t�ua
Proceeds, use mm M utm�in I w
�,�'�� �iramm (bi0 ia'alU" i bllli
u aaurmliitamur;/eiir)hflana.e itsihunteae t: fon tlhrae rights aauaaiginea to it uuunadelr tlhmlusAgureelamaelrmt and 3tmae Ilullhaureauliilhalpeurat�,
Itmmur°ameurat tam saua.,lh°a coirnparry to urellleaµ ie amabat Eurmf'cllr°I rma °tiiicllrm t) IIDEG,
If ImailbirecEll 'lielint (air airty leurma eln tc m IlEmlk:h DOB Pirc)iceeum'jw a lire payablie to such, Eenm ellr`,, to the l
erormmli h agrees to
tlh'alneunrallatlq� am �tuuuit,lhm aurrlrmiaauurmt'ta.a blE�1a liit' Iuataurea.Vhbab�eun°t avebmm,ea�b Ilhitll Vuraaa.eeae,a �laallbmllr°e�eil mmeamt as alr
h Ett'"' I�" teas eniii�aaur b�ua��urm �a�aaauaaurmniaMlnt bm�e�lr°��
the oreaw�a�liiely d Giralnt Piroiceeds auunaba:ur tlhme CtEall t; -IDR
h urograalrtm 'iiun ueun amount gireateirtihan tJlhmle aurnuama.umat'ttaallb recipEmbellnt mawaaaluhab have ureaweiiinmeat If,such Ih'tOB Il uroiceea ,e
plaid Ilbmeeln a u,eunsbadellre ' iiiun 'tlhme a ualllu.aabaatliivaln ('nf a waird.
lun tllie eaaelumt: tlhmet the Subaureuaipll iiielnt urete'ihves or ips aa.11hme lumllleat tea lreaueiiimae enta,eaulbmae¢ggauielnt Proceeds,
w ulbalreeiiipheunt elhnalllb pay eltich sl ulbaeeataaeunt Ih'muura°aotaeeds directly to ttllt't ,a and iI IlE0 will . °letenumiun emnm
a If
elmacsuahaametueunt Pnaaee t that iallre tt Proceeds ( Su equent DOB I Iaaemds"), abtetuient
Piroceieds pun euma:ema of Subsequent IIEtOB Proceeds alhmdaallllh bie uretuuaurinea.t to the,Siutiuiredlpient SluibseqUeint Il t 11
Proceeds valhnablh be liisbalu,aur earl as Ullbama .
1. If tlhme uullbmurea;iiilhaheiint has urea.elii ead full Ilea uruneunt of the GIranunt (Proceeds, ean't Siubsequileint D10
Proceeds allbaalplll be retaihlr°aeu ':ib IIEtEE).
2. Ilht'tllhme Sub reaahllhaiiieunt haaas received no payinneint o tllhme Gr°aamnt Il una eeataa' any Sluullbaaea uuaeun°t D,OB
Proceeds shall be auusea Ilbumt talk °teo urea auaae payinnents & tdh ie Gluraaint Ilpimceedsto tllhme Sanlbaraaawli uliielunt,a
aind l Subsequent DOB Proceeds abaaailb be uretul,aururmeat to the Slubireicipleint.
3 if tlhae' Iluaburea.bllhaliieunt Ih as ureaueiiimaeat as Itaaalrtliimaln of tlhme t lraaunt Pliroceelds, aadnmt ulmbaeeataaeaat DOB Proceeds
shall Ilbae used, uretabuned irmcl/oir dHisbuirseid ilun tlhaaa felPllhmaaaburm,g aalr elu: (A)' Subsequent IDUB dPa'o eed
shall tfrat Ilae useid titIlneaui.e th7ue r°ellrmahllur illr3 pala�lnot �ath�e �Ilr°aInt � nea� , an Subsequ
ent IOB
Proceeds in aadhalnaiuurit shall Ilbaii eturneid to the taubureai ientt aunb t) ainly uremmminhnb
"ubaeueunt DOB Pil°ioiceeids stiall
IIEbe retalined Iby lDE0.
4.If dDE 10 makesthe idletle,iriirniiiiiniia,tiilioni tlhmaat the S u birenigllhmiiielnt doles not l to partiiciilhalaate fin them
E Ih't Iu°c nraa l t tllhme t;� 11 llht� -ll t't IlP na
tome ub se uueunt IICtt".tlltt t"�uroiceeum�t tbmanbdl Itme uretuuuurne t o tlhme' auiba�uraamua l et, ulam a°ro, lnaaun
Grma cIr t n�e aubu�ur�eamlull�mlii�ellnt° unite m.Ir°amnliiun�e� urmeut'ta'a Ilhaaaurtua"" Iiiielamt,a allrmat this Agireeilneint shaillll
tellruuaurmaate
t un le DED lhm ut Ineemavereat aaun aaurnmanuauant eagquuaMalq tam °time tturaaunt Proceeds palidto uulbmurea:hllhaliieunut� II 0 will reassign
taa Subrecipleint any urights assiginleid to DE10 Ilpalaaullrtuu lint tnm tlhluam Ilrtmleamnen't,
anal urn 6 bmun6
la n p � Ali m � m b �� �Ietau
f ur ocem uba ureawa�iiimaem Ilba autuuurea bll mliaurmt tlhmanlllll dbae tlrluue aaun a.ualu rect IiGaaamma urthe Ibm 'II Ilmurea 1pll uent a°aa
as �� Irem.il aa.unot mue urm�a�aeuntma t me't all taatellrmmeuratwt am urea�elrmt�Iaata as tbma�
w
. date l ta,guraiiiurm3 as tlhmiiha
Agureeurmaeunt
aadba°'ea,t Any bmelr eoun allhnc hlinteunt'Ea�nurm blPt aaurs Il a!nanmauliilun' b makes ellnnenmt tan IlEtLYD may Il e
aaaa�a'a�a� a t�elllwa�e tlhaniiilama aa�lr atamt
b M tea maliimaliilll aalr a.Irliiluamliiln�aalh I a llnabtuiea aullnau ipir L I w ,,,iC,,, 287, 1001 wnd,31 IU.S.C. 3729.
m
Packet Pg. 1363
noouSQ,ain Einvellooki
DocuSign Envelope ID: FFDED2C2-90D6-43F5-84F6-0044DC6D3B76
i ',.1 :m00
r'Iha Ilpeirsion execut'muw:,Y Ilhii ilreleirasn auri II aIlilaffof thie I'weflby ire llpre seiri ' t1li °t li:'e'\ li°me has
rm „ aind ersta wm this urintice of Il as llltlies Ifalw uw�°: ldinjig a °f dl e u�Ilaluowy°IQ or statei:inleint Ilregar Iiri
a
ueic i u� Ilwa ::5� u�m�u�
Puwa :S, receive by Silb,ireciplervt
lin ariyprioceiedihing to eunfar°ce illW°Ill greei:w°ilen , lYl'0 sIIhalIl Ilia in'tidie trio Irelcov r, Illl cost a� qua°liar:. uw°u� uw���
ilincilkiding actual atrairriley's fe,u
I13,''iI�IV^Ullli"'r
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3Y:BI i� AI111 ' �� °"`�' d j. IIW^ ill .
,
l"1 Iw'llwl 'u i° Durrmaul°m Gasies!
.r'lil llli: County lila�uw
.............._.. �, iID�......,��.........................__............................
it'GD:'
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DocuSigned by:
By:_
N
Title:
Executive Director
CIVISM
nA
m
Packet Pg. 1364
EXHIBIT B
Links to 2 CFR PART 200
Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards
https://www.govinfo.gov/content/pkg/CF -2014-title2-voll/xmi/CFR-2014-title2-voll-part2 O.xmi
https://www.ecfr.gov/cgi-bin/text-
idx?S I D=5b9d6Ob832dOc 1 55f2a8e5b96d8a6e9f&mc=true& node= pt2 1 . 20Q&rqp=d'iv5#se2 . 1 200 134
M
I Packet Pg. 1365 1
F.3.d
SECTION THREE: COUNTY FORMS, LICENSES,
INSURANCE FORMS AND BOND
[This page intentionally left blank, with forms to follow.]
59
Packet Pg. 1366
F.3.d
RESPONSE•.
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
GATO BUILDING, ROOM 2-213
00 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Pudenda No. (s) �
•
Response r
.
Lobbying and Conflict of Interest Clause
.
Non -Collusion Affidavit
•
®rug Free Workplace Fora-
.
Public Entity Crime Statement
................................................
•
Monroe County occupational license and relevant City occupational
licenses are required to be obtained within ten days of award of the
contract
.
Vendor Certification Regarding Scrutinized Companies Lists
•
Minority Owned Business Declaration
y
^
•
Certification RegardingDisbarment
.
Anti -Lobbying Certification Form
..
.
Disclosure Form to Report Lobbying (Form-LLL)
I have included a current copy of professional and occupational licenses
n
(�.hec(C
rrarlc iterr�,abca�e...a�....reminder.thai.the�_are..iir�cluded)
Mailing
Address: POBox 767 305-296-5606 Telephone:
Key Meat, FL 33041 Fax:, 305-296-5169
Date: 4/20/22
Signed (Print Name : �I% IN �..1)_k". " � � ..... ........_.....
..... ............... Nd ........ . ........................... �#
COUNTY OF TT c� . ...._.............._......................_......,_............_.......
Subscribed and sworn to (or affirmed) before me by means of ig physical presence or ❑ online
notarization on
�,—,,,—(date) by �� w.�CII. �. _.(name
of affiant) Fie/She is° em�onaHy known to me or has produced � � m,....... (type
of identification) as id' ""Hfi o a" uafoa .....°°
NCTA R EL
IqFivids
Cy ti.'T �mwraa6 V re W V 9 8227
Illy Commission Expires:_
Packet Pg. 1367
F.3.d
LOBBYINGANDwwCONFLICT OF wIwNTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Charley Toppino & Sons, Inc
_(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
(Signn+i iro%
Date:
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, - w .............. ww.. wwN
e
by means of E physical presence or ❑ online notarization on .............................
(date) by __ (name of affiant). He/She is
known to me or has produced_ ........ (type of
identification) as identification.
w Wary Pobfic qtatO Of FlOdds
w ic,110M p t.stoadl
Y (,(wrrn1561n a N', 130227
�. BLII
My Commission Expires:
61
Packet Pg. 1368
F.3.d
NON -COLLUSION AFFIDAVIT
i,Richard Toppino of the city of Key West according to law
on my oath, and under penalty of perjury, depose and say that
I am President of the firm of
Charley Toppino & Sons, ncthe m bidder making the Proposal for the
project described in the Request for Proposals for DEMOLITION, REMOVAL AND DISPOSAL
_and that I executed the said proposal with full authority to do so;
the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed bythe bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5
the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contracts for said project,.
Signatui
Date:
STATE OF: FL
COUNTY OF: MONROE
n to (c r a4"irmed, before me by means of physical presence or ❑ online notarization
on Subscribed and savor ( �(date) by_a,
_(name of affiant). He/She is p2rso-QaUlnown to me or has produced _(type of
identification) as identification,
DWY prubiicstate of Florida:
MW cjbsat P Labrad
ply commissioll HH 138227
N ze�
NOTARY PUBLIC
My Commission Expires:
62
Packet Pg. 1369
F.3.d
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Charley Toppino & Sons, Inc
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify f at this firm complies fully with the
above requirements. ,
(Signature)
Date:
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me by
means of V physical presence or ❑ online notarization on_ (date) by
(name of affiant). He/She is RQLSDnaUyjQLwn to
me or has produced...... ......... (type of identification) as identification.
................. .._ ._.. .. ......._.
NOTY PUBLIC
gk 00 Notary Public State of Florida
Michael P Labreda My Commission Expires:
My cojrrotij€ssuon� tits 138227 63
E'P� r s fiiSf14l2tt 2
Packet Pg. 1370
F.3.d
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Charley Toppino & Sons, Inc
have read the above and state that neither ................ __ (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed before me by means of N physical presence or
online notarization on.....
wwwwwww wwwww l _m ........ _(date) by
,,,,,,,(name of affiant). He/She is ersonally known to me or has produced (type
of identification) as identification.
Notary ry Public State of Floc ti
ri t,tiin�ct NOTARYPUBLIC
a r.ttOn
k9l2di2
My Commission Expires:
64
Packet Pg. 1371
F.3.d
Respondent's Insurance and Indemnification Statement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Pollution Liability
Asbestos Abatement Liability
1;?T-7tTT1Rr171M
Statutory Limits
$500,000/$500,000/$500, 000
$300,000 Combined Single Limit
$200,000 per person; $300,000 per
Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
$1,000,000 per Occurrence;
$2,000,000 Aggregate
$2,000,000. If the policy is structured
on a "Claims Made Basis" the policy
must contain a "Retroactive Date" of
no later than the commencement of
work and will have an extended
reporting period of four (4) years
Other requirements (if applicable):
• Insurance to comply with the Jones Act and/or Longshoreman and Harbor Workers'
Compensation Act with limits sufficient to respond to the applicable state and/or Federal
statutes.
• Watercraft Liability Insurance
$500,000 Combined Single Limit
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS,
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including property owned by Monroe County,
and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by the
CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier, their
officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or suspended
as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such
delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity
in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and
warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses
65
Packet Pg. 1372
F.3.d
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Charley Toppino & Sonsjnc
Respondent Signature
Packet Pg. 1373
F.3.d
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Automobile 810O4284482126G /Umbrella
Workers Comp UB4K5263662126G CUP3J6572212126 None/ $10,000 SIR
General Liability DTCO3202M181TIA21
MONROE COUNTY, FLORIDA
Request For Waiver of Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved _ Not Approved
Meeting Date:
Board of County Commissioners appeal:
Approved .............................................. Not Approved
Meeting Date:
RESPONDENT SIGNATURE
67
Packet Pg. 1374
F•3•d I
ACCPJ? 6r CERTIFICATE OF LIABILITY INSURANCE I DATE I
5/16/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE:
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Illana Abbate
Marsh & McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/c No EXt : A/C, No):
E-MSuite 100 ADDRESS: FLCertificates@MarshMMA.com
Miami FL 33178
INSURED
Charley Toppino & Sons Inc.
Monroe Concrete Products Inc.
P.O BOX 787
Key West FL 33041
INSURERS) AFFORDING COVERAGE NAIC #
INSURERA: Travelers Indemnity Co of America 25666
CHARLTOPPI INSURERS: Phoenix Insurance Company 25623
INSURERC: Travelers Property Casualty Co of Amer 36161
INSURERD: Travelers Indemnity Company 25658
INSURER E :
COVERAGES CERTIFICATE NUMBER: 1565878062 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/DD
POLICY EXP
MM/DD
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
DTC03202M181TIA22
5/19/2022
5/19/2023
EACH OCCURRENCE
$2,000,000
CLAIMS -MADE OCCUR
DAMAGETORENTED
PREMISES Ea occurrence
$ 300,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
POLICY jECT LOC
X
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
OTHER:
D
AUTOMOBILE
LIABILITY
Y
81004284482226G
5/19/2022
5/19/2023
COMBINED SINGLE LIMIT
Ea accident
$1,000,000
X
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
Per accident
$
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
C
X
UMBRELLA LIAB
X
OCCUR
CUP3J6572212226
5/19/2022
5/19/2023
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
EXCESS LAB
CLAIMS -MADE
DED X RETENTION $ 1 n nnn
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
UB4K5263662226G
5/19/2022
5/19/2023
X PER OTH-
STATUTEI ER
ANYPROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$ 1,000,000
OFFICER/MEMBER EXCLUDED?
N/A
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
RE: Demolition, Removal and Disposal Services for the Community Development Block Grant - Disaster Recovery (CDBG-DR) Voluntary Home Buyout
Program (VHBP)
Monroe County Board of County Commissioners and Florida Department of Transportation, their employees and officials, as Designated Organizations, are
Additional Insureds in respects to the General & Auto Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds . All of the
above is applicable when required by written contract subject to the terms, conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
Monroe County Board of County Commissioners (BOCC)
1100 Simonton Street
Key West FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1375
F.3.d
Minarit Owned Business Declaration
G nor lei l..oj�,P6no Sons. Inc a stw�....eontraetor engaged by Monroe County oluring tine eor nfalet6on
of work assoe6ated w6th the b0ow 6ndieated proBeet
(Check one)
6s a me nordty business enterprke, as defined in Sec6on 2$$.703, Horkla Statutes
is not a minority business enterprise, as defined in Section 288,303, Florida Statutes.
F... 2 .70:3(3 ) "Minority b uslness enterpHse" means any srnall buuslness concern as defined In subsection (6)(see
b0owmr) Which is organlzed to engage in eaarnmerelal transactions, vvlhlelh k dornieiled in IFlaarida, and vrlhielh k at (east
SI-percent-owned by minority persons Who are members oat°an insuular group that k oat"a partleuular racW, ethnic, or
gender makeup or national origin, WhUh Ihas been subjected IhktowrieaHy to disparate treatment due to identification
in and with that group resulting in an uunderrepresentatiown of coirnmercW enterpHses under the grouu0"s contrO, and
Whose management and daily operations are controlled by such persons, A rninaarity business enterpHse imay
prirnarHy 4w0ve the practice owfa profession, OwnersNp by a rninaarity person doves not include aavrnerslhup Vrlhielh is
the result owfa transfer lirorna a naanrninowrity person to a rnmon.ty person v6tlhun a related iirxnrnaedaate farnily growau0 if°
the eaarnNned towtal net asset valuue owf"all members oat"suuelh farndy group exceeds S l mdfion. For puar0oses owftlhis
suubseetlon, the term "related irnrnedlate farndy group" means one or more chHdren under VG years ofage and a
parent of'such children or the spouse of'such parent residing in the same house or living unit,
F.t3 2 .70'3(6) `"Small business" means an independently owned and operated business concern that employs 200 or
d'evrer permanent full flme employees and that, together with its affiliates, has a net worth of'not more than w
mH Hon or any firm based in this state vvlhiclh Ihas a Small I13ausiness Administration (a) eertilReadoan. As app ieable to
wale prom,prietomrslho,ps, the w millioan net worth req,mairement slhall include both personal and business investments,
Contractor rna rei"er to F,.. 288.70:3 for more infiorrna6o.7n.
Contractor Sub Re6 ti3 Lent: Monroe Q:°ounty
il>,wwatw.amw Signature
Print Naille,
. e .."
w
Aololress: PO Box °/ 7
Oty/ tat,./z6p lCe .. ..'.& .,....L..�.....,�...�..04,..�
Date l
PrintedName- Cynthia Guerra
title/ OM13 (Department. VH13P Grant Manager
Verified via: Yes
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IDEO Q °ontra.et. 10092
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Packet Pg. 1376
F.3.d
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): DEMOLITION, REMOVAL AND DISPOSAL SERVICES FOR THE COMMUNITY
Y .m. y West
Zip: 33041
City: e ........ -State D��. .
Phone Number: 305-296-5606
Email Address:
AToppino@charleytoppino.com
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
i y: - nced company, .... ............... ' who is authorized
Certified B
to sign on behalf of then Ve w air
V
tki e:Print Nzfliie I�K
Authorize ..... —� .....
Title. r...
Note: The List are available at the following Department of Management Services Site:
Flit s�°./LVnMm 11 i7i�floi icia.co 73/business or? ration istat mm ��rch sii� vendor information/convicted sus
-_,
p .n ! .L .iritih ato...gj7 n4or lists
Packet Pg. 1377
F.3.d
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment,
declare neliibtl�,, or voluntarily excluded from participation in this transaction by any federal department or agency
Name C �p*ult,nt/Contractor: Charley Toppino & Sons, Inc
8y....... ....
Date ..
Title:
.......___ .__.............
, ..
Instructions for Certification
Instructions for Certification Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior HUD approval or
estimated to cost $25,000 or more 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below,
b, The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department, or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous by reason of changed circumstances,
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and
"voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier
Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds
and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any
covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has
entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers)
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
f The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions exceeding the $25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To
verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded Parties List System website
(https://www„epls,gov/), which is compiled by the General Services Administration.
h Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
70
Packet Pg. 1378
F.3.d
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID
CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or
her knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement ,and the extension, continuation, renewal,
amendment or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Name of ntra o suit t: unaney i oppino tt oons, me
�d� -
By: (Print Name) Date:
Authorized Signature
Title: A'ea,,w b447�
71
Packet Pg. 1379
DISCLOSURE OFLOBBYING ACTIVITIES Approved uvOMB
Complete this form 0odisclose lobbying
activities pursuant Vo31 U.S C.1352 ox*uamm
'See reverse for
1. Type of Federal Action: Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application
a. initial filing
b. grant b. initial
award b matertal change
c. cooperative agreement c. post -award For Material Change Only:
d loan
year quarter_
e- loan guarantee
date of last report
f loan insurance
N —am e � i W d aies ... s""of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
E] Prime [] Subawardee
and Address of Prime:
N/A
Tier — if known
Charley Toppino & Sons, Inc
PO Box 787
Key West, FL 33041
Congressional Dist!ict, if known: 4c
Congressio al District. if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
B. Federal Action Number, if known:
Award Amount, if known:
�9.
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address it
(if individual, last name, first name, MI)
different from No 10a)
(last name, first name, Mt):
Telephone No.Date:
Federal Use Only-
=Aulhonzed-for L...1 tprtf jc1lion
72
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a p rev lousfifing, pursuant to title 31 US C section 1352 The filing of a form is required for each payment or agreement to make
payment to any lobbying entity 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 employeeof a Memberof Congress in connection with a covered Federal action Complete all items that apply for both the initial filing and material
change report Refer to the implementing guidance published by the Office of Management and Budget for additional information
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action
2 Identify the status of the covered Federal action
3- Identify the appropriate classification of this report If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action,
4 Enter the full name, address, city State and zip code of the reporting entity Include Congressional District, if known. Check the app rop nate classification
of the reporting entitythat designates if it is, or expects to be, a prime or subaward recipient Identify the tier of the subawardee,e-g , the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants
5 If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
recipient Include Congressional District, if known
6- Enter the nameof the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard
7 Enter the Federal program name or description for the covered Federal action (item 1) If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) numberfor grants, cooperative agreements, loans, and loan commitments
8 Enter the most appropriate Federal identifying number avallablefor the Federal action identified in item 1 (e,g,, Request for Proposal (RFP) number;
Invitation for Bid (IFB) number. grant announcement number: the contract, grant, or loan award number: the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001,"
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5
10 (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a)- Enter Last Name, First Name, and
Middle Initial (MI)
11 The certifying official shall sign and date the form, print his/her name, title, and telephone number,
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number The valid OMB control number for this information collection is OMB No 0348-0046 Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information- Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington,
DO 20503.
73
I Packet Pg. 1381 1
F.3.d
2021 / 2022
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2022
RECEIPT# 30140-89799
Business Name: CHARLEY TOPPINO & SONS INC
Owner Name: FRANK TOPPING, JOHN P TOPPINO QUAL Business Location: KEY WEST, FL 33040
Mailing Address:
BOX 787 Business Phone: 305-296-5606
KEY WEST, FL 33041 Business Type: CONTRACTOR (GENERAL & ENGINEERING
CONTRACTORS)
COMP CARD: ENG I 131A /GC 152A
Employees 70
STATE LICENSE: CGC1518488
Tax Amount
Transfer Fee
Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
250.0
0
0.00
250.00
0.00
0.00
0.00
250.00
Paid 000-20-00037807 0 8 / 2 3 / 2 0 2 1 250.00
THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector
WHEN VALIDATED PO Box 1129, Key West, FL 33041
THIS IS ONLY A TAX.
YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY
PLANNING, ZONING AND
LICENSING
REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2022
Business Name: CHARLEY TOPPINO & SONS INC RECEIPT# 30140-89799
US HWY 1
Business Location: KEY WEST, FL 33040
Owner Name: FRANK TOPPING, JOHN P TOPPINO QUAL
Mailing Address: Business Phone: 305-296-5606
BOX 787 Business Type: CONTRACTOR (GENERAL & ENGINEERING
KEY WEST, FL 33041 CONTRACTORS)
Employees 70
COMP CARD: ENG I 131A /GC 15 STATE LICENSE: CGC1518488
Tax Amount
Transfer Fee
Sub -Total
Penalty
Prior Years
Collection Cost
Total Paid
250.0
0
0.00
250.0
0
0.00
0.00
0.00
250.00
lw�wqzl11 1 111 :1 1: 1 1 11
Packet Pg. 1382
F.3.d
Ron DeSantis, Governor Halsey Beshears, Secretary
d1b'p
I ir
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489, FLORIDA STATUTES
TOPPINO, ]OH N PETER
CHARLEY TOPPING & SONS INC
129 TOPPING INDUSTRIAL DRIVE
KEY WEST FL 33040
LICENSE NUMBER: CGC1518488
EXPIRATION DATE: AUGUST 31, 2022
Always verify licenses online at MyFloridaLicense. com
lDo not alter this document in any form.
This is your license. It is unlawful for anyone other than the licensee to use this document.
Packet Pg. 1383
3/9/22, 11:10AM Detail by Entity Name
R
IryIyIyI^N
WN
✓' w.
I , £ M� r� 1 d a.nl
J d. .,.✓
£I/ i/il i It/%fil il' �/f ' ii ..
pp
9t6
q
Detail Entity t Name III
Florida Profit Corporation
CHARLEY TOPPINO & SONS, INC.
Bing Information
Document Number M03537
FEI/EIN Number 59-2426906
Date Filed 08/02/1984
CL
CL
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 10/ 11 /2019
_
Event Effective Date NONE
Ancipal Address
129 TOPPINO INDUSTRIAL DRIVE
ROCKLAND KEY
KEY WEST, FL 33040 1
Changed: 04/27/2017
MlingAddress
P.O. BOX 787
KEY WEST, FL 33041
Changed: 04/23/2018
Rgistered Agent Name &Address
TOPPING, RICHARD
129 TOPPINO INDUSTRIAL DRIVE
KEY WEST, FL 33040
Name Changed: 02/08/2018
Address Changed: 02/08/2018
fbicer/Director Detail
Name &Address
Title P
TOPPING, RICHARD
Packet Pg. 1384 1
3/9/22, 11:10AM Detail by Entity Name
10 EGRET LANE
KEY WEST, FL
Title T
TOPPING, JOHN
#18 CALLE UNO
KEY WEST, FL 33040
Title V
TOPPING, ANDREW
129 TOPPINO INDUSTRIAL DR
KEY WEST, FL 33040
Title Secretary
Toppino, Daniel P
PO Box 787
Key West, FL33041
Title Executive Vice President
Toppino, Paul
1500 Catherine Street
Key West, FL33040
Title CFO
Peattie, Ashley
PO Box 787
Key West, FL33041
Anual Resorts
Report Year
Filed Date
2019
04/25/2019
2020
06/19/2020
2021
04/22/2021
C
Packet Pg. 1385 1
3/9/22, 11:10 AM
Detail by Entity Name
C
W
Packet Pg. 1386
2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# M03537
Entity Name: CHARLEY TOPPINO & SONS, INC.
Current Principal Place of Business:
129 TOPPINO INDUSTRIAL DRIVE
ROCKLAND KEY
KEY WEST, FL 33040
Current Mailing Address:
P. O. BOX 787
KEY WEST, FL 33041 US
FEI Number: 59-2426906
Name and Address of Current Registered Agent:
TOPPING, RICHARD
129 TOPPINO INDUSTRIAL DRIVE
KEY WEST, FL 33040 US
FILED
Apr 22, 2021
Secretary of State
0685953260CC
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail
Title P Title T
Name TOPPING, RICHARD Name TOPPING, JOHN
Address 10 EGRET LANE Address #18 CALLE LINO
City -State -Zip: KEY WEST FL City -State -Zip: KEY WEST FL 33040
Title
V
Title
SECRETARY
Name
TOPPING, ANDREW
Name
TOPPING, DANIEL P
Address
129 TOPPINO INDUSTRIAL DR
Address
PO BOX 787
City -State -Zip:
KEY WEST FL 33040
City -State -Zip:
KEY WEST FL 33041
Title
EXECUTIVE VICE PRESIDENT
Title
CFO
Name
TOPPING, PAUL
Name
PEATTIE, ASHLEY
Address
1500 CATHERINE STREET
Address
PO BOX 787
City -State -Zip:
KEY WEST FL 33040
City -State -Zip:
KEY WEST FL 33041
Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath, that / am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: RICHARD TOPPINO PRESIDENT 04/22/2021
Electronic Signature of Signing Officer/Director Detail Date
F.3.d
P
Packet Pg. 1387
F.3.d
TM
®e e t 312 - 2 1
Bond No.107554081
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Charley Toppino & Sons, Inc. of business)
US Highway 1, Mm 8.5, Travelers Casualty and Surety Company
This document has important legal
Rockland Key, Key West, FL 33040 of America
consequences. Consultation with
One Tower Square
OWNER: Hartford, CT 06183
an attorney Is encouraged with
(Name, legal status and address)
respect to Its completion or
mod1fication.
Monroe County Board of County Commissioners
Any singular reference to
1100 Simonton St., Key West, FL 33040
Contractor, Surety, owner or
other party shall be considered
CONSTRUCTION CONTRACT
plural where applicable.
Date:
AIA Document A312-2010
combines two separate bonds, a
Amount: $490,000.00
Performance Bond and a
Payment Bond, into one form.
Description:
This is not a single combined
(Name and location)
Performance and Payment Bond.
Demolition, Removal and Disposal Services for the Community Development Block
Grant
Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBP)
BOND
Date: May 18, 2022
(Not earlier than Construction Contract Date)
Amount.,$490,000.00
Modifications to this Bond: XNone ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Charley Top ne & Sons, Inc. Travelers Casualty and Surety Company of America
S�ignatutr� - Signature: William L Peact
Name P t < a..� Name
and Title: �n�s t h,� and Title: Attorney in FL Res Agent
(Any additional signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or otherparty.)
InSource
9500 S. Dadeland Blvd, Suite 400
Miami, Fl- 33156
Init. AIA Document A31210 —2010. The American fnslUe of Architects. WHO
Packet Pg. 1388 1
F.3.d
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference, If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shalt not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the O%Yner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or _
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Init. AIA Document A3121m — 2010. The American Institute of Architects.
2
Packet Pg. 1389
F.3.d
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 Iiquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor_
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's Iiability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations,
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terns of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
......— w..�a........_..... �.._.. ,, _.,.._ ...
..... �... � �.�..._� .. ... _ m._._
Init. AIADocument A312TM —2010. The American Institute of Architects.
p
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§ 16 Modifications to this bond are as follows:
(Space is provided Below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate ,Seal) Company: (Corporate Seal)
Signature:. �..ww._..._.., _.� Signature:
Name and Title: Name and Title:
Address Address
Init. AIA Document A3121" — 2010. The Ameriean ins0t0e of ArohKeds.
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0000 Document 3120 TM 201
Bond No.107554081
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Nance, legal status and principal place
of business)
Charley Tappino &Sons, Inc. Travelers Casualty and Surety Company US Highway 1, Mm 8.5, y y p y
This document has Important legal
Rockland Key, Key West, FL 33040 of America
One Tower Square
consequences. Consultation with
OWNER: Hartford, CT 06183
an attorney is encouraged with
respect to its completion or
(Nance, legal status and address)
modification.
Monroe County Board of County Commissioners
Any singular reference to
1100 Simonton St., Key West, FL 33040
Contractor, Surety, Owner or
other party shall be considered
CONSTRUCTION CONTRACT
plural where applicable.
Date:
AIA Document A312-2010
combines two separate bonds, a
Amount; $490,000.00
Performance Bond and a
Payment Bond, Into one form.
Description:
p
This Is not a single combined
(Name and location)
Performance and Payment Bond,
Demolition, Removal and Disposal Services for the Community Development Block Grant
Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBP)
BOND
Date: May 18, 2022
(Not earlier than Construction Contract Date)
Amount: $490,000.00
Modifications to this Bond: 0 None xSee Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Charley Top ino & .ons, Inc. Travelers Casualty and SKFLRes
Corny of America
Sid rrttu Signature:
�.. .... � � �........_.�.............._ Name William L Pare..,.
Name t . e
and Title: t5 1 and Title: Attorney in Facent
(Any additionalsignatures appear on the last page of this Payment Bond.)
(FOR INFORM.4T10NONLY—Maine, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Rngineer or other parry.)
InSource
9500 S. Dadeland Blvd, Suite 400
Miami, FL 33156
[nit. AIA Document A312- — 2010. The American institute of Aschilecls, wit to
5
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§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms,
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation wider this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 1:3)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a CIaimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
§ S If a notice of non-payment required by Section 5.1.I is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
Init. AIA Document A312T1" — 20% The American Institute of Architects.
o
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§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common lain bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
A the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim,
.7 the total amount of previous payments received by the Claimant; and
.$ the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract, The tern
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Band shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may he asserted in the jurisdiction where the labor, materials or equipment were
furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init. AIA Document AM —MO. The American lnsl'dula of Aichhecis.
Packet Pg. 1394
F.3.d
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents, All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be. Contractor.
§ 18 Modifications to this bond are as follows:
01is hoed is given to a^onipl'yWith seot�ora, "05
Florida Statutes„ and any motion instituted by a
Ch'iralattt under this bend for payraaent must be in
accordance with the notice and time iltnidaation
rarovisions ill Section 35,0 w ()„ Florida Statutes
(space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Cewpoa al Se l)
Charley Toppino Sons, In . Travelers Casualty and SureKfartford,
of America
w�
Signature: Signature:
Name and Title: t l Name and Title: William L Parker, & & FL Res Agent
Address US Highway 1, Mm 8.5, Address One Tower Square, 06183
Rockland Key, Key West, FL 33040
Init. AIA Document A3121m -- 2010, The American Institute of Architects. a
1.
i
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Travelers Casualty and Surety Company of Americ
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called tl
"Companies"), and that the Companies do hereby make, constitute and appoint William L. Parker of MIAMI
Florida , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizance
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing tt
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in ar
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of Februar
2017.
'Vou
�wm PA
` #
C� 2 w bar,conk VA
State of Connecticut
City of Hartford ss.
r
By
Robert L. Raney, Seor Vice President^
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and th;
he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations t
himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021
0 Marie C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty an
Surety Company of America, Travelers Casualty and Surety Company, and St, Paul Fire and Marine Insurance Company, which resolutions are now in fu
force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, an
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact an
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign wit
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a boric
recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke th
power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vic
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegatio
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditionE
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senic
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistar
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by on
or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or mor
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vic
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power c
Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only c
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearin
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimil
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Suret
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power c
Attorney executed by said Companies, which remains in full force and effect.
Dated this 18 day of May , 2022
rr�, ,w,el 4 %
C� a HA Ito e
�e«
Kevin E Hughes, �mt Secreta
ry
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-8880,
Please refer to the above -named Attorney -in -Fact and the details of the bond to which the power is attached.
Packet Pg. 1396
F•3•e I
ACCPJ? 6r CERTIFICATE OF LIABILITY INSURANCE I DATE I
5/14/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI:
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE:
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Illana Abbate
Marsh & McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/c No EXt : A/C, No):
E-MSuite 100 ADDRESS: certsmiami@mma-fl.com
Miami FL 33178
INSURED
Charley Toppino & Sons Inc.
Monroe Concrete Products Inc.
P.O BOX 787
Key West FL 33041
INSURERS) AFFORDING COVERAGE NAIC #
INSURERA: Travelers Indemnity Co of America 25666
CHARLTOPPI INSURERS: Phoenix Insurance Company 25623
INSURERC: Travelers Property Casualty Co of Amer 36161
INSURERD: Travelers Indemnity Company 25658
INSURER E :
COVERAGES CERTIFICATE NUMBER:380257781 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MM/DD
POLICY EXP
MM/DD
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
Y
DTC03202M181TIA21
5/19/2021
5/19/2022
EACH OCCURRENCE
$2,000,000
CLAIMS -MADE F7�vl OCCUR
APPROVED BY ' RISK MANAGEMENT'
DAMAGE TO RENTEDcc
PREMISES Ea ourrence
$ 300,000
MED EXP (Any one person)
$ 10,000
BY ,,.'' vd
PERSONAL & ADV INJURY
$ 2,000,000
DATE`-"fML
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
POLICY jECT LOC
WAVER. N/A------ YES —
X
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
OTHER:
D
AUTOMOBILE
LIABILITY
Y
Y
81004284482126G
5/19/2021
5/19/2022
COMBINED SINGLE LIMIT
Ea accident
$1,000,000
X
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
Per accident
$
HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
C
X
UMBRELLA LIAB
X
OCCUR
Y
Y
CUP3J6572212126
5/19/2021
5/19/2022
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
EXCESS LAB
CLAIMS -MADE
DED X RETENTION $ 1 n nnn
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
Y
UB4K5263662126G
5/19/2021
5/19/2022
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
OFFICER/MEMBER EXCLUDED?
N/A
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
Certificate holder, as Designated Organization, is an Additional Insured as respects Genera l(including Products -Completed Operations), Auto and Umbrella
Liability. General Liability is primary and non-contributory. Waiver of subrogation as respects General, Auto, Umbrella Liability and Workers Compensation in
favor of Additional Insured. All of the above is applicable when required by written contract subject to the terms, conditions and exclusions of the policy.
Monroe County Board of County Commissioners, its employees and officials, as Designated Organization, is an Additional Insured as respects General & Aut
Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds . All of the above is applicable when required by written contract
subject to the terms, conditions and exclusions of the policy.
CERTIFICATE HOLDER
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St
Key West FL 33040
wr;
CANCELLATION
04
04
CD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 04
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
II
ACCORDANCE WITH THE POLICY PROVISIONS.
qb
E
AUTHORIZED REPRESENTATIVE
.,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1397