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Item C07 C.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting October 19, 2022 Agenda Item Number: C.7 Agenda Item Summary #11145 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754 N/A AGENDA ITEM WORDING: Approval to contract with HDR Construction Control Corporation, for Construction Engineering and Inspection Services (CEI) for the Sands Subdivision Sea Level Rise Pilot project in the amount of$947,795.04. The project is partially federally funded by HUD- DEO-CDBG-MIT grant agreement IR026. ITEM BACKGROUND: The County requires Construction Engineering and Inspection Services for various roadway improvement projects. HDR Construction Control Corporation (HDR) was ranked the highest for the Construction Engineering and Inspection Services Request for Qualifications for the Sands Subdivision Sea Level Rise Pilot Project. The project is grant funded by HUD grant agreement IR026, and the DEO concurred with the HDR contract on September 23, 2022. The Sands subdivision SLR Roadway and Drainage Pilot Project will construct a "pump and treat" storm water drainage system, elevate roads to a target elevation of 19 inches NAVD 88, and construct drainage structures, wet wells, pollution treatment device, and a related elevated pump station with a back-up emergency generator, pre-treatment, wet wells, pumps, piping, electrical controls, instrumentation, and injection well(s) for final disposal of treated storm water. PREVIOUS RELEVANT BOCC ACTION: August 17, 2022- The BOCC approved negotiations with HDR Construction Control Corporation for Construction Engineering and Inspection Services for the Sands Subdivision Sea Level Rise Pilot Project. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to contract with HDR Construction Control Corporation for Construction Engineering and Inspection services for Sands Subdivision Sea Level Rise Pilot Project.. Packet Pg. 122 C.7 DOCUMENTATION: HDR contract CEI Services Sands SLR-HDR signed FINANCIAL IMPACT: Effective Date: 10.19.22 Expiration Date: 540 calendar days after construction notice to proceed and coordinated with DEO grant closeout Total Dollar Value of Contract: $947,795.04 Total Cost to County: $947,795.04 Current Year Portion: $500,000. Budgeted: yes Source of Funds: 102-22562 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: no If yes, amount: Grant: DEO IR026—CEI portion of grant funding to be determined County Match: difference between portion DEO funds and contract amount Insurance Required: yes Additional Details: REVIEWED BY: Judith Clarke Completed 09/30/2022 2:17 PM Christine Limbert Completed 10/03/2022 10:51 AM Purchasing Completed 10/03/2022 11:03 AM Budget and Finance Completed 10/04/2022 3:25 PM Brian Bradley Completed 10/04/2022 3:46 PM Lindsey Ballard Completed 10/04/2022 3:51 PM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg. 123 C.7.a AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE SANDS SUBDIVISION SEA LEVEL RISE PILOT PROJECT This Agreement ("Agreement") made and entered into this day of 20 by and between Monroe County, a political subdivision of the State of Florida, whose U address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, U' hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND c� HDR Construction Control Corporation, a corporation of the State of Nebraska, whose Florida headquarters address is 4830 W Kennedy Blvd, Suite 400, Tampa, FL 33609; its U successors and assigns, hereinafter referred to as "CONSULTANT", 0 WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Construction Engineering and Inspection (CEI) Services for the Monroe County Sands Subdivision Sea Level Rise Pilot Project; and U) WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing construction engineering and inspection (CEI) services for the Monroe County Sands Subdivision Sea Level Rise Pilot Project, which services shall collectively be referred to as the "Project"; U) NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES 1.1 By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: E c� 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project sites and the local conditions -1- Packet Pg. 124 C.7.a under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT 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; c) U) 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those c) 4- now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and 0 76 regulations shall constitute a material breach of this agreement and shall entitle the Board > to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2 1.1.8 The CONSULTANT shall complete the scope of services no later than 60 days after final completion of the Sands Subdivision Sea Level Rise Pilot Project. en Fu ARTICLE II 0 SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A, B and C, and as described in the Agreement. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. -2- Packet Pg. 125 C.7.a 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. c) Director of Engineering Services U' Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 c� And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 c) 4- Key West, Florida 33040 0 For the Consultant: HDR Construction Control Corporation James R. VanSteenburg, PE, CCM /Associate Vice President 4830 W. Kennedy Blvd. #400 Tampa, FL 33609 U) ARTICLE III ADDITIONAL SERVICES U) 0 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. c) c� 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including -3- Packet Pg. 126 C.7.a physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- U conformance with the Agreement Documents. Written notice shall be deemed to have been U' duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 0 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its U 4- subconsultants shall be solely for the purpose of determining whether such documents are 0 76 generally consistent with the COUNTY's criteria, as, and if, modified. No review of such > documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS U) 0 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers _ and employees from liabilities, damages, losses and costs, including but not limited to, U reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. c� 5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all -4- Packet Pg. 127 C.7.a increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. c, 5.5 This indemnification shall survive the expiration or early termination of the Agreement. (n ARTICLE VI PERSONNEL 6.1 PERSONNEL U 4- 0 The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. 0 ARTICLE VII COMPENSATION 2M U) 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates and estimated hours, testing rates and estimated quantity of tests; field office and reimbursable expenses as outlined herein in a Not to Exceed Total Amount of $947,795.04. The following contract items A, B, C, D are estimates and may be distributed among others as needed with prior approval of the County Engineer as long as the total contract amount is not exceeded. A. Estimated personnel hours and rates: c) c� Contract Job Function Loaded Estimated Extended Cost Hourly Rate Hours HDR—CEI Project Manager $235.87 693 $163,457.91 HDR—CEI Senior Inspector $90.95 3000 $272,850.00 HDR—CEI Senior Electrical Engineer $211.65 40 $8,466.00 Subconsultant — H Rodriquez — CEI $132.91 2223 $295,458.93 Contract Support Specialist Subconsultant — Baxter & Woodman — $130.16 120 $15,619.20 CEI Senior Inspector Pump Station Subconsultant — Government Services $185.00 660 $122,100.00 Group — CEI Resident Compliance Specialist -5- Packet Pg. 128 C.7.a Estimated Not to Exceed Total Labor $877,952.04 amounts B. The following Construction Testing and Inspection, Inc. CTI - test types and quantities are estimates and not to exceed................................................................................$3,893.00 ® A11 1 M.1 .1 U Mt) Concrete ASTM C-39,Compressive Strength Cyllinders Each $ 20 00 24 $ 480,.00 $ - Asphalt:FM 1,T-166,Bulk Specifiic.Gravity,Per Core Each $ 45.00 15 $ 675.00 $ EarhworklSoils:FM 5 515 L B.la. Each $ 335.00 2. $ 670,00 $ EarthworklSoils.AA.SHTO T-Str,Standard ProcWr Each $ 111.00 8 $ 989.00 $ - EnrthwarklSolls.AA.SHTO T-180,Modified Proctor Each $ 115.00 6 $ 690 On $ - EaMworklSolls.:AA.SHTO M-145,Soups Classification Each $ 27.00 C $ 152.00 $ - EarthworklSoils.-.BM'�.T-257,Organic Ccntentl,Ilgniitun Each $' 40.00 2 $ 210.00 $ - a.a EarthworloSoils::AA.SHTO T M,No Hydrometer Each $ 52.00 4 $ 248.00 $ - (y TOTAL TESTIIN'G: $ 3,593.E 1 0 U C. Field Office 31225 Avenue A, Big Pine Key — $3,525 per month for a period of 18 months ... 0 ..........................................................................................................$63,450.00 0 D. Reimbursable Expenses not to exceed $2,500.00 ...................................................... .. Grand Total Not to Exceed Amount.................................................................$947,795.04 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. t) (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward 0 or downward; (B) As a condition precedent for any payment due under this Agreement, the W CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES c� 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent -6- Packet Pg. 129 C.7.a and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET U 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to U' pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the U 4- Board members at the time of contract initiation and its duration. 0 ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or , maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement �? providing sixty 60 days notice to the COUNTY prior to an cancellation of said coverage. p 9 Y ( ) Y p � Y 9 Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a _ form acceptable to the COUNTY. c� 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. c� C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 combined single limit. -7- Packet Pg. 130 C.7.a D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit. c) An Occurrence Form policy is preferred. If coverage is changed to or provided on a U) Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Engineer's Errors and Omissions insurance of $300,000 per claim and $500,000 annual aggregate.If coverage is provided on a claims made basis, an extended claims c) 4- reporting period of four (4) years will be required. Recognizing that the work governed 0 76 by this contract involves the furnishing of advice or services of a professional nature, > the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. F. COUNTY and Florida Department of Economic Opportunity shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. c� H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured on General and Auto Liability. The COUNTY reserves the right to require a certified copy of c' such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS -8- Packet Pg. 131 C.7.a Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. c) U) 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be 0 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. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any U' rights in favor of, any third party. 9.5 TERMINATION U) A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days U) written notification to the CONSULTANT. 0 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. c, 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 seven (5) 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. The maximum amount due to CONTRACTOR shall not in any event exceed -9- Packet Pg. 132 C.7.a the amount set forth in paragraph 7.1 Payment Sum. 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 60 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay c) CONTRACTOR the sum due the CONTRACTOR under this agreement prior to U' termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the amount set forth in Paragraph 7.1 Payment Sum. c� E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a c) 4- boycott of Israel, the County shall have the option of (1) terminating the Agreement 0 after it has given the Contractor/Consultant written notice and an opportunity to > demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS L) c� This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, any attachments, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. c� 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or -lo- Packet Pg. 133 C.7.a repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of U this section shall result in termination of this Agreement and recovery of all monies paid U' hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant 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 U 4- vendor list. 0 CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT U) CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of TEN (10) years from the termination of this agreement or for a period of three years from submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. 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 .2 auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies c' together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 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 -11- Packet Pg. 134 C.7.a 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 U with employees, Subcontractors, suppliers, and contractors representatives. All records U' 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 form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration U 4- of this Agreement. 0 76 0 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 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 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 U court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. c� 9.11 ATTORNEYS FEES AND COSTS ° The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to -12- Packet Pg. 135 C.7.a reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. c) 9.13 AUTHORITY U' 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. 9.14 CLAIMS FOR FEDERAL OR STATE AID c, 4- CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, 0 76 seek, and obtain federal and state funds to further the purpose of this Agreement.Any > conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. 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 provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION 2 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all c, proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties 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. The parties agree 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 -13- Packet Pg. 136 C.7.a Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and 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 U Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol U' 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, U 4- color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity 0 or expression, familial status or age; 11) Any other nondiscrimination provisions in any > Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 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: U) 1). The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT 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 U recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT 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 CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, 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 CONSULTANT 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 -14- Packet Pg. 137 C.7.a 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 CONSULTANT's legal duty to furnish information. L) U) 4).The CONSULTANT 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 CONSULTANT'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. c) 4- 0 5).The CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18 COVENANT OF NO INTEREST 0 CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be -15- Packet Pg. 138 C.7.a 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. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed c) nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. c) 4- 0 9.21 PUBLIC ACCESS. > 0 Public Records Compliance. The CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: L) (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy -16- Packet Pg. 139 C.7.a any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the c) request, and the CONSULTANT must provide the records to the County or allow the U' records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a c) 4- reasonable time may be subject to penalties under section119.10, Florida Statutes. 0 76 The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE n� APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF en PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN( ,MONROECOUNTY-FL.GOV, MONROE en COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY U c� Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. c� 9.23 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 -17- Packet Pg. 140 C.7.a 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. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, c) nor shall it be construed as, relieving any participating entity from any obligation or U' 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. c, 4- 9.25 NON-RELIANCE BY NON-PARTIES 0 76 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION U) CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall L) 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. 9.27 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. 9.28 E-VERIFY SYSTEM -18- Packet Pg. 141 C.7.a Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status 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 work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not U employ, contract with, or subcontract with an unauthorized alien. The Contractor shall U' comply with and be subject to the provisions of F.S. 448.095 9.29 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and/or CONTRACTOR and its Subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and U 4- Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 0 9.29.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONSULTANTs must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONSULTANTs must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness c' Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONSULTANTs , in contracts for construction repair work above $2,000 in situations where the Davis-Bacon applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "CONSULTANTs and SUBCONSULTANTs on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONSULTANT or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. -19- Packet Pg. 142 C.7.a (1) CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The CONSULTANT or SUBCONSULTANT shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the SUBCONSULTANT s to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for the c) compliance by any SUBCONSULTANT or lower tier SUBCONSULTANT with all of these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONSULTANT and SUBCONSULTANT as provided in 29 C.F.R. § 5.12.Additionally, in accordance with the regulation, each contractor and subcontractor t0 must furnish each week a statement with respect to the wages paid - each of its employees engaged in work covered by the Copeland 76 Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. U) 9.29.2 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 U' supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONSULTANT 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 c� 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 c) 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 -20- Packet Pg. 143 C.7.a 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 U wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). U) (3) Withholding for unpaid wages and liquidated damages. The Federal agency 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 Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to U satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated 0 damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). 76 (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). U) 9.29.3 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. 9.29.4 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). CONSULTANT 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 reports violations to the Federal Agency and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— applies to Contracts and subgrants of amounts in excess of$150,000. 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 Federal Agency and the appropriate EPA Regional Office. -21- Packet Pg. 144 C.7.a 9.29.5 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 governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none U of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 U) 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 U 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 may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. U) 9.29.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—CONSULTANTs 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 U' 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 0 disclosures are forwarded from tier to tier up to the receipient who in turn will forward the certificatn(s) to the awarding agendy. If awarded exceed $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY. U 9.29.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. CONSULTANT must comply with section 6002 of the Solid Waste disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section c� 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR 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 contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- -22- Packet Pg. 145 C.7.a 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 W 6002 of the Solid Waste Disposal Act. U) 9.29.8 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 t0 system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications 0 equipment produced by Huawei 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(�) p p p Y� Y 9 Y 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. 9.29.9 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) (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. 9.29.10 Americans with Disabilities Act of 1990, as amended. (ADA) — The CONSULTANT will -23- Packet Pg. 146 C.7.a comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.11 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 CONSULTANT U agree to ensure that DBE's have the opportunity to participate in the performance of this U' Agreement. In this regard, all recipients and contractors and CONSULTANTs 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 CONSULTANT and SUBCONSULTANTs 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 U BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA 6 FIRMS > a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises , are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the 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. c� 9.29.12 E-Verify System - The CONSULTANT 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 CONSULTANT during the term of the Contract and shall expressly require any SUBCONSULTANTs 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 SUBCONSULTANT during the Contract term. 9.30 HUD - DEO - CDBG Grant IR026: The CONSULTANT shall: -24- Packet Pg. 147 C.7.a 1. Establish and administer quality assurance and quality control system in a manner that complies with HUD/DEO requirements. 2. Establish and administer public information and communications program for both Sands homeowners and Section 3 targeted workers. 3. Establish and administer production/grants management reporting system. 4. Assist with meeting deadlines imposed by the State of Florida DEO and HUD for documentation, completion of work, etc. 5. Prepare documentation related to performance of contracted services to ensure that estimates are accurate, and expenses are eligible and documented, and that project c) work is properly documented for sufficient reimbursement to the County from the State U' of Florida; 6. Support the county in responding to any audits requested by external organizations. 7. Provide a monthly report that outlines the progress made to date, the projected activities to be completed in the upcoming months, and any risks or issues identified for the delivery of the project and details the grant funding approved versus funding disbursed. The report must be submitted to County staff 10 days after the end of the month. c) 4- 8. Complete contract and subcontract activity form HUD-2516 April 15 and October 15 of 0 each year through DEO's SERA reporting system. > 9. Assist with project final inspections, audits, and compliance with all applicable HUD, CDBG-DR, and State of Florida DEO rules, regulations, policies, and procedures. 10. Provide close-out reports in compliance with subrecipient agreement. 11. In accordance with 102(b), Public Law 101-235, 42 U.S.C. § 3545, assist the County with submission and updates of Form HUD 2880 to DEO within thirty (30) calendar days of changes in situation which would requires that updates be prepared. 12. Other related activities as requested by the County and/or outlined in grant agreement IR026; Attachment C. U) U) 0 2 c, c� c� c� -25- Packet Pg. 148 EXECUTION This Agreement may be executed electronically and shall be regarded as an original and shall constitute one and the same instrument of this Agreement. W U U) 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. 0 U 4- 0 76 0 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA U) By: By-.— As Deputy Clerk Mayor/Chairman U) Date: MONROE CAINI'" ATI ORNLY U) 4ARACWS > 9/26/22 U (Seal) CONSULTANT HDR Construction Control Coprporation Attest: 0 BY: By: Katie E. Duty Title: Elizabeth C. Buell, Assistant Secretary Title: Vice President 0�4 E END OF AGREEMENT -26- Packet Pg. 149 Pag AC CERTIFICATE OF LIABILITY INSURANCE DATE(P C 7•a .. 09/27/2022 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 Willis Towers Watson Certificate Center NAME: Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 F' 1-888-467-2378 A/C No Ext: A/C,No: E-MAIL P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Company 23035 L) 881 INSURED INSURERB: Ohio Casualty Insurance Company 24074 HDR Construction Control Corporation 9= 1917 South 67th Street INSURERC: Liberty Insurance Corporation 42404 M Omaha, NE 68106 INSURER D INSURER E INSURER F: + C5 COVERAGES CERTIFICATE NUMBER: W26082541 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: O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM f) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD (0 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000, 0 CLAIMS-MADE OCCUR PREMISES ETORENTED 1,000, PREMISES Ea occurrence $ CL A X Contractual Liability MED EXP(Any one person) $ 10, Y Y TB2-641-444950-032 06/01/2022 06/01/2023 PERSONAL&ADV INJURY $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000, POLICY� jECT � LOC PRODUCTS-COMP/OPAGG $ 4,000, „ 881 OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ 2,000, Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y AS2-641-444950-042 06/01/2022 06/01/2023 BODILY INJURY(Per accident) $ ®d AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ U) $ UMBRELLALIAB X 5,000, B OCCUR EACH OCCURRENCE $ X EXCESS LAB CLAIMS-MADE Y Y EUO(23)57919363 06/01/2022 06/01/2023 AGGREGATE $ 5,000, DED X RETENTION$ 0 $ ,U WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000, N OFFICER/MEMBER EXCLUDED? o N/A Y WA7-64D-444950-012 06/01/2022 06/01/2023 1,000, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ LU LU If yes,describe under 1,000, , DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ O C5 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on a General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by writte3 contract and as permitted by law. Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability. as U CERTIFICATE HOLDER 11y, �rvry CANCELLATION ,,-3:-2— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton Street, ] Key West, FL 33040 � ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 150 SR ID: 23106996 BATCH: 2681686 C.7.a AGENCY CUSTOMER ID: LOC#: A�0 ADDITIONAL REMARKS SCHEDULE Page 2 Of AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. HDR Construction Control Corporation 1917 South 67th Street POLICY NUMBER Omaha, NE 68106 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, t3 FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance U) RE: Monroe County - CEI for Sands Subdivision Sea Level Rise Pilot M Additional Insured: Monroe County BOCC and Florida Department of Economic Opportunity; Project Description; Florida Department of Economic Opportunity CEI for Sands Subdivision Sea Level Rise Pilot. U O L) 4- 0 O L- I I L59 a U) U) 0 U U U U U ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 151 SR ID: 23106996 BATCH: 2681686 CERT: W26082541 C.7.a Policy Number. TB2-641-444950-032 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: U U) c COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE c� Designated Location(s): c All locations owned by or rented to the Named Insured U 4- 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 0 CL CL A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or < obligated to pay as damages caused by "occur- c. Persons or organizations making claims or rences" under Section I —Coverage A, and for all bringing "suits". medical expenses caused by accidents under Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca- damages or under Coverage C for medical tion"shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- 1. A separate Designated Location General Hated "location". Such payments shall not re- Aggregate Limit applies to each designated duce the General Aggregate Limit shown in "location", and that limit is equal to the the Declarations nor shall they reduce any c amount of the General Aggregate Limit other Designated Location General Aggre- gate Limit for any other designated "location" U) 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- es because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. c E c� CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Packet Pg. 152 C.7.a B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. U expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- U) under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit, whichever is applicable; and "Location" means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- 0 ance not otherwise modified by this endorsement U shall continue to apply as stipulated. 0 0 2M U) U) 0 c2 t3 c� 0 c� 4i c� Page 2 of 2 © Insurance Services Office, Inc., 2008 CG Packet Pg. 153 C.7.a Policy Number. TB2-641-444950-032 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: U U) COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE c� Designated Construction Project(s): All construction projects not located at premises owned, leased or rented by a Named Insured 0 U 4- 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 0 CL CL A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for < obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I —Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for 0 Section I — Coverage C, which can be attributed that designated construction project. Such U) only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- rations, _ cept damages because of "bodily injury" or such limits will be subject to the appli- U "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: cs a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". c� CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Packet Pg. 154 C.7.a B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. U damages or under Coverage C for medical D. If the applicable designated construction project U) expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement U shall continue to apply as stipulated. - 0 2M U) U) 0 c2 t3 c� 0 c� 4i c� Page 2 of 2 © Insurance Services Office, Inc., 2008 CG Packet Pg. 155 C.7.a POLICY NUMBER: TB2-641-444950- COMMERCIAL GENERAL LIABILITY 032 CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION U) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, 0 respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or U damage" or "personal and advertising injury" on behalf of the additional insured(s) at the 0 caused, in whole or in part,by: location of the covered operations has been 76 1. Your acts or omissions; or completed; or 0 0. 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the 0. behalf; injury or damage arises has been put to its !, in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a . principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III — Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: U) not be broader than that which you are required C0S 1 by the contract or agreement to provide for such . Required by the contract or agreement; or > additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. U exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable limits of insurance. "property damage"occurring after: SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): E c� Any person or organization with whom you have agreed All locations as required by a written contract or through written contract, agreement or permit to provide agreement entered into prior to an"occurrence"or additional insured coverage offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Packet Pg. 156 C.7.a POLICY NUMBER: TB2-641-444950- COMMERCIAL GENERAL LIABILITY 032 CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: U U) COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or c If coverage provided to the additional insured is c) "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the 76 described in the Schedule of this endorsement amount of insurance: > performed for that additional insured and included c in the"products-completed operations hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE U) Name Of Additional Insured Person(s) 0 OrOrganization(s): Location And Description Of Completed Operations Any person or organization to whom or to which you are Any location where you have agreed,through written, required to provide additional insured status in a written contract, agreement,or permit,to provide additional t3 contract, agreement or permit except where such insured coverage for completed operations contact or agreement is prohibited. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. E c� CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Packet Pg. 157 C.7.a Policy Number TB2-641-444950-032 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: L) COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Section IV-Conditions 4. Other Insurance and supersedes any provision to the contrary: c� Primary And Noncontributory Insurance 0 This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed prior to a loss, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (3) This insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same 'occurrence", claim or"suit". U) 0 c2 L) c� 0 c� E c� LD 24 153 08 16 ©2016 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 158 C.7.a POLICY NUMBER: AS2-641-444950-042 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: L) U) AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM c� With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. 0 t3 This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage - under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. > 0 SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies U) as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos t3 Coverages of the Auto Dealers Coverage Form. 0 c� E c� CA 20 48 10 13 © Insurance Services Office, Inc., 2011 rX Packet Pg. 159 C.7.a Policy Number:AS2-641-444950-042 Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: U U) BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM c� With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. U 4- This endorsement identifies person(s) or organization(s)who are"insureds" under the Who Is An Insured 0 Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. L- CL Schedule CL Name of Person(s) or Organizations(s): Any person or organization where the Named Insured has agreed by written contract to include such person or organization Regarding Designated Contract or Project: Any U) Each person or organization shown in the Schedule of this endorsement is an"insured"for Liability Coverage,but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. U The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the U agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be c� primary and we will not seek contribution from such insurance. 0 c� E c� AC 84 23 0811 C 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Packet Pg. 160 C.7.a POLICY NUMBER: TB2-641-444950-032 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART L) PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement 0 t3 4- Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 0 The following is added to Paragraph 8. Transfer Of CL Rights Of Recovery Against Others To Us of < Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done un der a contract with that person or organization and included in the "products- ®a completed operations hazard". This waiver applies only to the person or organization shown in the U' Schedule above. U) 0 c2 t3 c� 0 c� E c� CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Packet Pg. 161 C.7.a POLICY NUMBER: AS2-641-444950-042 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: L) U) AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 0 t3 4- SCHEDULE 0 76 Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring. U) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the U) person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a c ontract with that person or organization. t3 c� 0 c� E c� CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Packet Pg. 162 C.7.a WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. t3 Schedule U' Where required by contract or written agreement prior to loss. 0 t3 4- 0 76 0 CL CL 2M U) U) U) 0 c2 t3 c� 0 c� Issued by:Liberty Insurance Corporation E For attachment to Policy No WA7-64D-444950-012 Effective Date 06/01/2022 Premium $ Issued to:HDR Construction Control Corporation WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 Packet Pg. 163 C.7.a Policy Number TB2-641-444950-032 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART L) MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART , COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART t0 LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM 0 0 Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract or As required by written contract or 30 written agreement written agreement U) A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in U) coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the 0 email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. L) B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy c� only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. c� All other terms and conditions of this policy remain unchanged. c� LIM 99 04 03 14 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 164 C.7.a Policy NumberAS2-641-444950-042 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART L) MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART , COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART t0 LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM 0 0 Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract 30 or written agreement U) A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in U) coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the 0 email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. U B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy c� only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. c� All other terms and conditions of this policy remain unchanged. c� LIM 99 04 03 14 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 165 C.7.a NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. U U) Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): C As required by written 30 contract or agreement C C CL CL P U) U) 0 c2 U c� C U All other terms and conditions of this policy remain unchanged. c� Issued by Liberty Insurance Corporation For attachment to Policy No.WA7-641)444950-012 Effective Date 06/01/2022 Premium$ Issued to HDR Construction Control Corporation Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed.12/01/2016 Packet Pg. 166 ATTACHMENT SCOPE OF SERVICES w u U) 0 u 4- 0 0 CL CL E .a u Packet Pg. 167 C.7.a SCOPE OF WORK 1.0 The Consultant shall provide Construction Engineering and Inspection (CEI) Services for the Sands Subdivision Sea Level Rise Pilot Project. The construction work will consist of procurement and installation of inlets, manholes, above ground electrical pump station controls, distribution panels and components, generators, underground valve boxes, wet wells, pollution treatment unit structures and solids storage W sumps. The roadway reconstruction will include base and subgrade reconstruction where U) required, establishing crowns, milling and asphalt paving. The CEI will ensure that the roadway and drainage work conform with Florida Department of Transportation (FDOT) standards and will facilitate communications between all parties ensuring responses and resolutions are provided in a timely manner. 0 The CEI will maintain accurate records and provide contract support for County's DEO -- U 4- CDBG grant. The project is HUD funded through DEO and requires Section 3 contractor 0 76 targeting and reporting. The State of Florida requires the CONTRACTOR and all applicable sub-contractors to follow the State's Section 3 requirements as defined by HUD. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Contract. Pursuant to Section 4.1.4 of the FDOT's Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Task Order unless otherwise directed in writing by the County. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. c, 2.0 LENGTH OF SERVICE: The length of contract shall be to from award of construction contract through December 2024 or DEO closeout. The County shall have the option to renew the Agreement for one additional one year period. The length of service for specific projects authorized by task order shall be outlined in task order. The Consultant Senior Project Engineer will track the execution of the Construction Contracts such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. Packet Pg. 168 C.7.a For estimating purposes, the Consultant will be allowed an accumulation of thirty working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty calendar days to demobilize after final acceptance of the Construction Contract. 3.0 DEFINITIONS: U A. Resident Engineer: The Engineer assigned to a particular Project or area to U) administer Construction Contracts for the County. B. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. C. Engineer of Record: The Engineer noted on the Construction plans as the t0 responsible person for the design and preparation of the plans. - 76 D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. F. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. U) G. Consultant Project Administrator: The employee assigned by the Consultant to be 0 in charge of providing Construction Contract administration services one or more Construction Projects. H. Contractor: The individual, firm, or company contracting with the County for performance of work or furnishing of materials. I. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J. CPAM: Florida Department of Transportation, Construction Project Administration manual; latest. K. Department: Florida Department of Transportation L. F.D.O.T.: Florida Department of Transportation. M. County: Monroe County Board of County Commissioners. Packet Pg. 169 C.7.a 4.0 REQUIREMENTS: 4.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. U) The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a U recommendation to the County, which the County may accept, modify or reject 0 upon review. The Consultant shall consult with the Construction Project Manager, 76 as it deems necessary and shall direct all issues, which exceed its delegated 0 authority to the Construction Project Manager for County action or direction. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. , 4.2 Survey Control: U) The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary > to calculate and document quantities for pay items; (2) make and record pre- construction and final cross section surveys of the project site in those areas where _ earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the U construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for"Waiver of Survey" should be directed to the Senior Project Engineer. 4.3 On-site Inspection: c� The Consultant shall monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The County will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of Packet Pg. 170 C.7.a significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. U 4.4 Engineering Services: U) The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor U activities, interpreting plans, specifications, and special provisions for the 0 Construction Contract, maintaining complete, accurate records of all activities and 76 events relating to the project, and properly documenting all significant project 0 changes. The Consultant shall perform the following services: (1) Schedule and attend, within ten days after the Notice to Proceed, a pre- construction conference for the project. The Consultant shall provide appropriate staff to attend and participate in the pre-construction meeting. (2) The Consultant shall record a complete and concise record of the , proceedings of the pre-construction meeting and distribute copies of this summary to the participants and other interested parties within seven days. (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, 2 activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction _ phasing and MOT sequences, including all contract modifications. Provide W a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. 0 c� (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (5) Analyze problems that arise on a project and proposals submitted by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. (6) Produce reports, verify quantity calculations, field measure for payment purposes as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor. Packet Pg. 171 C.7.a (7) Provide Public Information services as required to manage inquiries from the public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a U Construction Status Reporting System (CSRS) report. U) (9) Schedule and conduct a meeting with the County Engineering Office at least 45 calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, , necessary to close out the permit(s). (10) Video tape the pre-construction conditions throughout the project limits. U Provide a digital photo log or video of project activities, with heavy - emphasis on potential claim items/issues and on areas of real/potential 76 public controversy. (11) The Consultant shall have a digital camera for photographic < documentation of noteworthy incidents or events to cover the following areas: U) (a). Pre-construction photographs (b). Normal and exceptional progress of work (c). Critical path activities (d). Accidents showing damage 2 (e). Unsafe working conditions (f). Unusual construction techniques c� (g). Damaged equipment or materials (h). Any activity, which may result in claims These photographs will be filed and maintained on the Consultant's computer. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. Packet Pg. 172 C.7.a (12) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract. (13) Provide a Resident Compliance Specialist for surveillance of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical U areas of compliance responsibility include EEO Affirmative Actions for the U) prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review. (14) Public meetings: As needed, prepare and make presentation before the U subdivision homeowners, Board of County Commissioners and/or county - staff in connection with the project covered by this Agreement. 76 0 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Construction Contract ' documents for this project. These documents may be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications) 2 Special Provisions 3 Copy of the executed Construction Contract. U) 0 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 County Documents: U All applicable documents referenced herein shall be a condition of this Agreement. 6.2 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.3 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non-consumable and non-expendable items, which are normally needed Packet Pg. 173 C.7.a for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. U U) The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said , equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 0 U 6.4 Licensing for Equipment Operations: - The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's �? performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 0 c� 8.0 PERSONNEL: 8.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not all positions listed below may be required; however, personnel performing a specific task must have the qualifications required for the task. Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Packet Pg. 174 C.7.a Specialist. 8.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and W experience. The Consultant Action Request form for personnel approval shall be U) submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant U within one week of County notification. - 76 Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER -A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six years of engineering experience (two years of which are in major road and bridge _ construction), or for non-degreed personnel the aforementioned registration and ten years of engineering experience (two years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the following: Qualification: FDOT Advanced MOT Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. Packet Pg. 175 C.7.a CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road and bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the U) construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications: None 0 U 4- Other: Attend CTQP QualityControl Manager Course and ass the examination. 0 9 p76 0 A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High School diploma or equivalent and four years of road & bridge construction ' engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in CTQP Final Estimates Level II course and maintain a current qualification. CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school graduate or equivalent plus four years of experience in construction inspection, two years of which shall have been in bridge and/or roadway construction inspection. 0 c� Must have the following: Qualifications: CTQP Concrete Field Inspector Level I(If applicable) CTQP Concrete Transportation Construction Inspector (CTCI) Level II (If applicable) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) Packet Pg. 176 C.7.a CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety U Or a Civil Engineering degree and one year of road & bridge CEI experience with U) the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is U performed under the general supervision of the Project Administrator. - 76 8.3 Staffing: Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 9.0 QUALITY ASSURANCE (QA) PROGRAM: c� 9.1 Quality Reviews: 0 c� The Consultant shall conduct semi-annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one month after the review. On short duration CCEI projects (nine months or less), the CCEI shall perform an initial QA review within the first two months of the start of construction. Packet Pg. 177 C.7.a 9.2 QA Plan: Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. c, U) Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: c� A. Organization: 0 A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work 76 under the Agreement. The authority, responsibilities and autonomy of the 0 QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews: U) The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records: U) The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub-consultants and Vendors: The Consultant will detail the methods used to control sub-consultants and vendor quality. E. Quality Assurance Certification: 0 c� An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with project specifications, plans, standard indexes, and County procedures. 9.3 Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon Packet Pg. 178 C.7.a request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 10.0 CERTIFICATION OF FINAL ESTIMATES: 10.1 Final Estimate and As-Built Plans Submittal: U Prepare documentation and records in compliance with the Agreement, U) Consultant's approved QC Plan and the County's Procedures. Submit the Final Estimate(s) and three sets of final as built plans documenting Contractor's work (one record set with two copies) as follows: c� (a) Within thirty (30) calendar days of final acceptance; or 0 U (b) Where all items of work are complete and conditional/partial - acceptance is utilized (Lighting, Plant establishment, etc.) for a 76 period exceeding thirty (30) calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional/partial acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to the pay items covered under the conditional/partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final , Estimate. 10.2 Certification: U) Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. c? Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. U 11.0 SUBCONSULTANT SERVICES: Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. 12.0 OTHER SERVICES: c� Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Packet Pg. 179 C.7.a Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off-site inspection services in addition to those provided for in this Agreement. U U) 13.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request , from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to U this Agreement. 0 76 14.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. U) 15.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 2 16.0 COUNTY AUTHORITY: The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. c� c� Packet Pg. 180 ATTACHMENT B SUBCONSULTANT SCOPE OF WORK w u u 4- 0 Packet Pg. 181 C.7.a eal CONSULTING: ENGINEERING, INC. Wei September 1St, 2022 U U) Anthony Sabbag, CGC HDR Associate Vice President/CEI Area Manager, SE Florida c� Reference: HDR-Sands Subdivision Sea Level Rise Pilot Project CEI 0 U 4- Mr Sabbag o 76 0 As you know, H.Rodriguez Consulting Engineering, Inc. (HRODcei)will be providing a CEI Contract Support SpecialistCL for the referenced project. CL The CEI Contract Support Specialist (CSS), performs various project related duties such as working with Inspection staff on daily and weekly quantities, monitoring daily and weekly testing needs and results, progress estimate U) documentation, final estimate package set up, work with as-builts daily, assist with certain EEO compliance such as labor interviews, processing construction changes, assists management with all submittals and shop drawings, provides site source and material assistance to the Senior Inspector. Our CSS exercises independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and is proficient in the computer a programs necessary to perform these duties. Our CSS is CTQP Final Estimates Level II certified among other qualifications needed for this task. U) 0 2 If additional information is needed do not hesitate to contact us Respectfully L) Hector Digitally signed by Hector c� Rodriguez ° Rodriguez Date:2022.09.01 13:17:01 -04'00' Hector Rodriguez, M.S., P.E. President E c� H.RODRIGUEZ CONSULTING ENGINEERING,INC. WWW.HRODcei.com 3100 Overseas Highway Marathon, FL 33050 TEL:305-450-9555 Packet Pg. 182 C.7.a September 1, 2022 Mr. Anthony Sabbag Associate Vice President HDR, Inc. 4830 W. Kennedy Blvd. #400 Tampa, FL 33609 U) RE: Sands Subdivision Sea Level Rise Pilot Project Government Services Group, Inc.— Resident Compliance Specialist Dear Mr. Sabbag, 0 On behalf of Government Services Group, an Anser Advisory Company (GSG), I am submitting the Scope of Services to be performed by GSG for the subject project. 0 CL `����rvk,,,,��� Grc)I.u,,',") .. I'���'��I�l�"IdUw �.� I��I„��I�. Ii�,,, YI.!& fan °.�. .�a Pl.!I&' �. We understand that the Scope of Services includes overall EEO, compliance, reviewing weekly payrolls for Davis Bacon Compliance, DEO Community Development Block Grant MIT program, grant no. IR026 regulations and guidelines, work with the inspection team and monitor the Contractor and all Subcontractors working, communications with Contractor's compliance person and CEI, monitor Subgrantee Agency Workbook Part I: Section 3, regarding local government entities to meet numerical goals for hiring, training, and contracting with "Section 3 residents" and "Section 3 business concerns." Monitor, Contractor's intent and efforts to increase the income levels of low-income persons by making more job opportunities available to them. Pre-services Compliance Meeting with Monroe County in advance of the Pre-construction Conference with the Contractor. We understand that HDR has approved GSG to spend eight (8) hours a week on project reviews. Some of the items relating to as the grant are assistance with: • Updated Organizational Chart to include CEI personnel for quarterly report 0 • Record keeping and documentation • Draft of job descriptions for the anticipated construction staff • Monthly Reporting requirements (Attachment G) • Progress Reporting requirements • Quarterly Reporting requirements (Attachment G) • Contract and Subcontract Activity Form (HUD-2516) 0 • Deliverable No. 3 —Construction tasks and requirements • Deliverable No. 3 — Minimum Level of Service reimbursements • DEO invoicing requirements and documentation 1S00 Mahan DriVe,Suite 2S0 Tallahassee,Florida 3230 T 850.681.3717 F SSO.224.7206 GOVERNMENT SERVICES GROUP,INC. www.WeServeGovernmentcom An Anser Advisory Company Packet Pg. 183 C.7.a Letter to Walton County Page 2 • Review of Attachment D, Program and Special Conditions • Review of Attachment E, State and Federal Statutes, regulations and Policies • Review of Attachment F, Civil Rights Compliance We sincerely appreciate your consideration, and we look forward to furthering this initiative with you.Should you have any questions or concerns, please do not hesitate to contact me at 407.383.9642 or email at djahosky@govserv.com.com. Sincerely, 0 David G.Jahosky Sr. Vice President CL CL as . e (D (D 0 (D E 1S00 Mahan DrIVe,Suite 2S0 Tallahassee,Florida 3230 T 850.681.3717 F SSO.224.7206 GOVERNMENT SERVICES GROUP,INC. www.WeServeGovernmentcom An Anser Advisory Company Packet Pg. 184 Construction Testing & Inspection, Inc. Revised July 2022 CT'll Coil tstii uctloii t Test!ii tg aii td 1111 tsll:uectloii t,1111 tc.Pii lice Usk NI'derialls'11111d Tesfilig, A ncreft,U fi ilbTesng, As1lp1lidj UilbTesfing, AATM C-109 Comp.Strength Cubes $22/ea. FM 1,T-166 Bulk Sp.Gravity per core$45 MR Co ASTM C-39 Comp.Strength Cylinders$20/ea. FM 5-563 Extraction,Oven method$180 AASHTO R18 ASTM C-42/T-24 Testing Drilled Cores$40/ea. FM 5-563 AC Extraction,AC only$120 L) U) ASTM C-78 Flexural Strength Beams$44/ea. FM 5-513,T-215 Permeability$156 Soils& Aggregije Ld) Tesfing, AASHTO T-312 Gyratory Pills(set of 2)$100 M AASHTO T-11 Amount finer than#200$36 FM 1,T-209 Max.Specific Gravity(Rice)$129 FM 1,T-19 Unit w eight and voids$52 AASHTO T-245 Marshall Pills(set of 3)$150 AASHTO T-27 Sieve analysis$60 Core Trimming$44/ea. FM 1,T-84 S.G.&Abs.(fine agg.)$110 Super pave/Marshall/FAA Mix Design$3,500 X T FM 1,T-85 S.G.&Abs.(coarse agg.)$78 FC-5 Mix Design$1,500 FM 1,T-246 Sample reduction$44 Cold Mix or Summer Mix Design$1,500 FM 1,T-96 L.A.Abrasion(soundness)$330 Winter Mix Design$1,200 AASHTO T-104 Soundness Sodium/Mag.Sulfate$305 EAR(by the test)varies 0 SOILS 0FM 5-514 Carbonates$80 EAR reports$225 4- FM 5-515 L.B.R.$335 EAR P.E.(1 hour)$95 0 AASHTO T-146/1174 Wet Prep.Of Disturbed Soil$22 Equillpmenj Cdilbirifions M ASPHALI AASHTO T-180 Modified proctor$115 Air Meter/Pressure Meter$100 0 AASHTO T-99 Standard proctor$111 Slump Cone$25 CL AASHTO T-87 Dry preparation of soils$30 Thermometers$20 CL CONCRETE AASHTO T-88 No Hydrometer$62 Speedy Gauge$100 AASHTO T-88 Hydrometer Only$110 Roll-A-Meter$75 AASHTO T-88 Full Hydrometer$141 Thermocouple$20 AASHTO T-89 Liquid limit$50 Caliper$35 FIELD AASHTO T-90 Plasticity index$47 Unit Weight/Bucket$50 INSPECIION AASHTO T-255 Moisture content,oven$35 Gyratory and Molds$500 AASHTO T-265 Moisture content,air$12 Mo bilizij io 1111 X FM 1,T-267 Organic content,ignition$40 Asphalt Core Rig$200/per day CQC SPECIAI IST FM 1,T-21 Colorimetric(organic)$44 Rolling Straight Edge$200/per day AASHTO M-145 Soils Classification$27 Floor Flatness Meter$100/per day FM 5-550-5-553 Corrosive Series-Select Backfill$135 Limerock Base Core Drill$100/per day U) W EQUIPMENT FM 5-550 pH soil or water$36 Vilbil"Ifiolill Mollijorilig,'111d s0demelij 1111IN111pecjimill 9= FM 5-551 Resistivity soil or water$46 Preliminary Settlement Inspection Report-per structure$TBD M CAI IBRA TIONS FM 5-552 Chloride soil or water$46 Post Settlement Inspection Report-per structure$TBD (n U) FM 5-553 Sulfate soil or water$48 Vibration Monitoring Device(Seismograph)$TBD EnN j ro iiii m ciii kill Tesj i iiii g,Sei ices Vibration Monitoring Reports$TBD Total Metals(Soils)-As,Ba,Cd,Cr,Pb,Se,&Ag$825 Polynuclear Aromatic Hydrocarbons(PAH Soils)$315 Polychlorinated Biphenyls(PCBs Soils)$225 W Florida Petroleum Organics(Soils)$25.50 ) Sample Disposal$12/sample L,d)wid III ielld hisilipecjimis (Hokii'llh.) M Asphalt Plant Lvl 1Tech.(times 1.5 over 8 hrs.)$52 Asphalt Plant Lvl 2Tech.(times 1.5 over 8 hrs.)$60 Soils/Concrete Field Lvl 1 Tech.(times 1.5 over 8 hrs.)$52 Soils Lvl 2 Tech.(times 1.5 over 8 hrs.)$54 0 Asphalt Field Lvl 1Tech.(times l.5 over 8 hrs.)$52 Asphalt Field Lvl 2Tech.(times l.5 over 8 hrs.)$54 Concrete Field Lvl 2Tech(times 1.5 over 8hrs)$65 Steel&Welding Tech(times 1.5 over 8hrs)$150 Drilled Shaft Inspector(times 1.5 over 8hrs)$65 Floor Flatness Tech(times 1.5 over 8hrs)$75 X Qualified Sampler(times 1.5 over 8hrs)$65 Vibration/Settlement Field Tech(times 1.5 over 8hrs)$52 1'echilic'1111 seir' jces Eiiii gli iiii ceii iiii g,Sers ices(I I o ki, 111h. ds C.Q.C.P Plans(FDOT MAC$550 or Municipalities/Private$850) Q.C.Manager$75 E Density Log Book Preparation(per hour)$54 Professional Engineer$95 MAC Data Entry(per sample)$35 Clerical 5.0%per invoice M Notes: 1.Minimum charge for cancellations made on the same day 2 is hours. 2.Services rendered in excess of hours will be assessed at a rate of 1.5. 3.All prices are effective for one(1)year and are subject to a re-negotiation. 4.All hourly services are portal to portal.However,a mobilization cost may be applied if subjected. S.All invoices will have a 5%clerical fee applied. Corporate Office- 509 Sawgrass Corporate Parkway, Sunrise, Florida 33325 - 954.835.6000 - Fax: 954.835.6060 Personnel Certified/Qualified By: CTQP FDOT CMEC ACI - Laboratory Accreditation By: AASHTO/CMEC Licensed By: State of Florida - www.ctilabs.net Offices in: Sunrise - Miami - Vero Beach - West Palm Beach - Fort Myers I Packet Pg. 185 ATTACHMENT C DEO Grant IR026 w u U) 0 u 4- 0 0 CL CL E Packet Pg. 186 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant W Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity, (hereinafter referred to as "DEO'� and the Monroe County Board of County Commissioners (hereinafter referred to as the "Subrecipient"),each individually a"Party"and collectively"the Parties." U 4- 0 THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: 0 WHEREAS,pursuant to Public Law(P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act,2019 (approved June 6,2019),Division B, Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the "Continuing Appropriations Act,2018"; and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 X (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.) c� and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. a� WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DSO's Federal award. 0 WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. X WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters;(2) address the current and future risks as identified in DSO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 58 Packet Pg. 187 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 NOW THEREFORE,DEO and the Subrecipient agree to the following: (1) SCOPE OF WORK _ The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B,Project Budget, and Attachment C,Activity Work Plan, the Subrecipient shall U submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and absolute discretion. X c� (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES S.:i 'breclplend has dlligendh'rcv1c,,ved this Agreemen0 and is a soDphis0icatcd orgllaniz action having experlence 0 U ri7anaf ing projects with funds madC aVafllab]C thfougl'a fi dG ral !,rare s. SUbfCc1p1cnf is lamillar with Dl,'10 s 4"r`3CIf 0 agreement widb f RA), has rcviewcd �applic I ble CNl G��N1f1,repull1ations and 'etlidelines,will conduacd, sand will ra CTISLIrc, Its aChvitie s are in compliance witli Dl,,f s ,rant as;reemcru wltli I RJD and all applicable CDBG d I\41T 0 rcp.:i1idions sand guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and CL regulations as now in effect and as may be amended from time to time,including but not limited to,the Federal laws and regulations set forth in 24 CFR Part 570,applicable Federal Register Notices,the State's Action Plan, and gall applic I ble CN7 G ylfl,regull�atlions sand gulidelines. U) Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I,etseq.,and all other applicable federal laws,regulations,and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. U) (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement(the"Effective Date") and ends forty-eight (48) months after execution by DEO,unless otherwise terminated as set forth herein. (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the U Subrecipient provides justification satisfactory to DEO in its sole discretion and DSO's Director of the i Division of Community Development approves such extension in writing cu 0 (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO 4, may accept or reject any proposed modification based on DSO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. E c� (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. (b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, Page 2 of 58 Packet Pg. 188 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (7),Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from a funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR M 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6)years from the date DEO issues the final closeout of this Agreement,unless U extended in writing by DEO. The six-year period may be extended for the following reasons: 0 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the ra six-year period,in which case the records shall be retained until all litigation, claims or audit findings 0- involving the records have been resolved. CL 2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. U) W ( The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option 0 available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. DEO may,in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, Subparagraph (22)(e),Repayments. U (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the 0 Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. c� (7) AUDIT REQUIREMENTS (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to auditndeo.myflorida.com, and DSO's grant manager; a blank version of which is attached hereto as Page 3 of 58 Packet Pg. 189 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 CT R 200.512,when such provisions W are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient U shall provide additional program updates or information.Without limiting any other remedy available to DEO, 0 if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, 76 payments may be withheld until the reports are completed to DSO's satisfaction. DEO may also take other 0- action as stated in Paragraph (13) Remedies or otherwise allowable by law. CL d (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO,HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, U) regulations, and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1)reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies > pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR §200.521. U (d) Corrective Actions:DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may in its sole discretion and X without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (10)DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 etseq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Page 4 of 58 Packet Pg. 190 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2),F.S.,pursuant to Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with U or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida a Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work M and services performed by third parties under this Agreement. For purposes of this Agreement, � Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions,which y result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused L- by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed 0 as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or U 4- subcontract. 0 (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. L CL (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default',DEO may,in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available U) through this Agreement or pursue any remedy at law or in equity,without limitation: (a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with U) DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; U) (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during 0 the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)calendar days from the date written notice is sent by DEO; (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, U incomplete, or insufficient information or fails to submit additional information as requested by DEO; U (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DSO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default,it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. a� (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement E if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement.If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Page 5 of 58 Packet Pg. 191 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that a delay could occur as a result or(2)within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will U U) notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, X disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines,in its sole discretion, that U the delay will significantly impair the value of the Agreement to DEO or the State,in which case, DEO 0 may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or 0 CL services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient CL for the related costs and expenses) to replace all or part of the products or services that are the subject of -~ the delay,which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. (13) REMEDIES If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or remedy available,provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following 'a remedies, either concurrently or consecutively: M (a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) U) Notice and Contact; 2 (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; as (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law,rule or regulation governing the use of the funds; and (e) Exercise any corrective or remedial actions,including but not limited to: U 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; X 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected;and/or a� 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. ( Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy Page 6 of 58 Packet Pg. 192 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. (14) DISPUTE RESOLUTION DEO shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S.,is an absolute U condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter M 120,F.S. (15) CITIZEN COMPLAINTS The goal of DEO is to provide an opportunity to resolve complaints in a timely manner,usually within fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable, and to provide t0 the right to participate in the process and appeal a decision when there is reason for an applicant to believe its - application was not handled according to program policies.All applications,guidelines and websites willinclude details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. 0 CL CL Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination, (b) A program assistance award calculation, or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at CDBG-MIT(a�,deo.M�Tflorida.com or submit by postal mail to the following address: U) Attention:Office of Long-Term Resiliency Florida Department of Economic Opportunit-fir U) a� 107 East Madison Street �? The Caldwell Building,MSC 400 Tallahassee,Florida 32399 w U The Subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary r. 0 (b) Resolution, and (c) Follow-up actions. X If the complainant is not satisfied by Subrecipient's determination,then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to DEO at: < Department of Economic Opportunit-fir Caldwell Building, MSC-400 107 E Madison Street Tallahassee,FL 32399 Page 7 of 58 Packet Pg. 193 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 The Florida Office of Long-Term Resiliency operates i7 Accordance with the Federal Fair Housing Law(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/fairhousiig. (16) TERMINATION " w (a) DEO may immediately suspend or terminate this Agreement for cause by providing written U notice, from the date notice is sent by DEO. Cause includes,but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform X any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The 0 U aforementioned reasons for termination are listed in the immediately preceding sentence for illustration 0 purposes but are not limiting DSO's sole and absolute discretion with respect to DSO's right to terminate ra this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover 0- CL any cancellation charges or unreimbursed costs. CL (b)DEO may unilaterally terminate this Agreement,in whole or in part,for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be U) terminated. However,if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner U) agreed upon by the Parties,which must include the effective date of the termination. (d)In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law,withhold payments to Subrecipient for the purpose of set-off until the exact amount 0 of damages due to DEO from Subrecipient is determined. (e) Upon expiation or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds on hand at the time of expiation or termination and any accounts receivable attributable to the use of CDBG-MIT funds. a� (t) Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of$25,000 must either: 1. Be used to meet a national objective until five years after expiation or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- Page 8 of 58 Packet Pg. 194 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEC)Agreement No.: IR026 CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of U email from Subrecipient, to the representative identified below at the address set forth below or said a notification attached to the original of this Agreement. (b) The name and address of DEO's Grant Manager for this Agreement is: Tavlor Doohn y 107 E. Madison St. Tallahassee,F132399 t0 850-717-8541 ,- <dllCDr;,(;�<D<D�147,,1�)�(�f�<D 1I;1\'fl<Dr1C�a.C<.D1I1 0 0 (c) The name and address of the Local Government Project Contact for this Agreement is: d Debra London 102050 Overseas Highway � Key Largo, FL 33037 305-453-8754 d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as U) provided for in this Agreement.Such change shall not require a formal amendment of the Agreement. (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed > contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEC) grant manager for prior written approval. For each contract, the Subrecipient shall report to DEC) as to whether that contractor or any subcontractors hired by the contractor, is a minority U vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR§200.318- §200.327and §200.330 when procuring property and services under this Agreement (refer to Attachments D &E). 0 U The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: E (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws,rules, and regulations; (e) that the contractor shall hold DEC) and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; Page 9 of 58 Packet Pg. 195 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 (f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; (g) the requirements of 2 CFR Appendix II to Part 200—Contract Provision for Non-Federal Entity Contract Under Federal Awards—(refer to Attachment L) Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489O), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and W provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. U U) Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. X c� (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions, 0 terms,conditions,or obligations other than those contained in this Agreement;and this Agreement supersedes - all previous understandings.No waiver by DEO may be effective unless made is writing by an authorized DEO official. 0 CL CL (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments a� arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A—Project Description and Deliverables Attachment B—Project Budget (Example) Attachment C—Activity Work Plan (Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance U) Attachment G—Reports Attachment H—Warranties and Representations Attachment I—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources Attachment J —Audit Compliance Certification U Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L—2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement (21) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed Eight Million One Hundred Eighty One Thousand Four Hundred Eighty Nine Dollars and Zero Cents ($8,181,489.00), subject to the availability of funds. The State of Florida and DSO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216,F.S. or the Florida Constitution. (b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA'� through DSO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the Page 10 of 58 Packet Pg. 196 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 NFA. By accepting funds made available through an NFA,Subrecipient agrees to comply with all terms, conditions, assurances,restrictions or other instructions listed in the NFA. (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO.These written administrative procedures,processes and fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D,Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and ehgible activities,in accordance with U) the Scope of Work. (e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. M ( Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding U with CDBG-MIT funds. 0 (g) If the necessary funds are not available to fund this Agreement as a result of action by the United > States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23),Mandated Conditions of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty (30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes,rules,or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the U) "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. 0 Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. 5121 et seq., (the "Stafford Act"). L_ (k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. U c� (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting X from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobhgated funds which have been advanced or paid. (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. Page 11 of 58 Packet Pg. 197 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 (e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. (f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: U) Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 X Tallahassee,Florida 32399-6508 i (23) MANDATED CONDITIONS 0 U (a) The validity of this Agreement is subject to the truth and accuracy of all the information, - representations and materials submitted or provided by the Subrecipient in this Agreement,in any later ra submission or response to a DEO request or in any submission or response to fulfill the requirements of 0- this Agreement. All of said information, representations and materials are incorporated herein by CL reference. d (b) This Agreement shall be construed under the laws of the State of Florida and venue for any a� actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial. U) (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement may be executed in any number of counterparts,any one of which may betaken U) as an original. 2 (f) Subrecipient shall comply with all applicable local,state and federal laws,including the Americans 0 LO With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida Statutes;Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 etseg.) U and laws which prohibit discrimination by public and private entities on in employment, public U accommodations,transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., 0 c� who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not X submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public 4, building or public work; may not submit bids, proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor Est. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor Est. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor Est. (h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor Est may not submit a bid, proposal or reply on a contract Page 12 of 58 Packet Pg. 198 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEC)Agreement No.: IR026 to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. W (j) In the event travel is pre-approved by DEC),any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to DEC) or be applied against DSO's obligation to pay the M Agreement award amount. 0 p) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section U 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any 0 subcommittee making recommendations to the governing board. Subrecipient agrees that all such ra aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings 0- shall be public records made available to the public in accordance with Chapter 119,F.S. CL CL (m) Subrecipient shall comply with section 519 of P.L. 101-144,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety (90) days of execution of this Agreement, and enforcing,the following: W 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations U) within its jurisdiction. (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. (24) LOBBYING PROHIBITION (a) No funds or other resources received from DEC) under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies,by its signature to this Agreement,that: 0 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, a� the making of any general loan, the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment or modification of any federal contract,grant,loan or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and"submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and Page 13 of 58 Packet Pg. 199 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (25) COPYRIGHT,PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services U performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are CL reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose ally+ intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. U) (26) LEGAL AUTHORIZATION (a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement > and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned W U has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation i is incorporated herein by reference. (b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge, 0 there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any X manner during the term of this Agreement. (27) PUBLIC RECORD RESPONSIBILITIES (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRReduestn,deo.mvflorida.com within one (1) business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DSO's custodian of Page 14 of 58 Packet Pg. 200 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 public records, provide DEO with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers,letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in U) Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise � provided by law. LO (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subrecipient-contractor's,the Subrecipient-contractor shall transfer to DEO,at no U cost to DEO, all public records upon completion including termination, of this Agreement or keep and 0 maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all ra public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall 0 CL destroy any duplicate public records that are exempt or confidential and exempt from public records CL disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided M to DEO,upon request from DSO's custodian of public records, in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request,DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DSO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- U) contractor who fails to provide public records to DEO within a reasonable time may be subject to > penalties under Section 119.10, F.S. a� ( Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two (72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed U or improperly used, copied or removed (except in the ordinary course of business) by anyone except an M authorized representative of DEO. Subrecipient shall cooperate with DEO,in taking all steps as DEO r. deems advisable,to prevent misuse,regain possession or otherwise protect the State's rights and the data U subject's privacy. Subreci lent acknowledges DEO is subject to the provisions of Chapter 119 F.S. relating to (g) P g J P P g public records and that reports,invoices and other documents Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO E regarding DSO's efforts to comply with the requirements of Chapter 119,F.S. M (h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for Page 15 of 58 Packet Pg. 201 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 the duration of this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEO upon completion, including termination, of this Agreement. (i) IF SUB RECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRReciuestkdeo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless U the State and DEO, and their officers, agents and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, C, CL employees,partners,contractors or subcontractors,provided,however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO,in its sole discretion,has the right,but not the obligation,to enforce this indemnification r provision. U) (k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO,including,but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking U) Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any material published,either in print or electronically,to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills U) necessary to perform the work services required by the Agreement. �? (1) Subrecipient shall comply with the requirements set forth in Section 119.0701,F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective U Date of this Agreement and which contract will or may be funded in whole or in part with any public y funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision. 0 c� (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095, F.S.,requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees.A public employer, E contractor,or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. 2. A private employer shall,after making an offer of employment which has been accepted by a person,verify such person's employment eligibility.A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a Page 16 of 58 Packet Pg. 202 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: w ."ov U U) (c) If the Recipient does not use E-Verify, the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. c� (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR 570.500(a) or 0 in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly ra Progress Report. The Subrecipient shall use program income in accordance with the applicable 0 requirements of 2 CFR part 200,24 CFR part 570.489,570.500, 570.504 and the terms of this Agreement. CL d (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (30)NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's U) National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: 2 (a) Benefit low and moderate income; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. y (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent X contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an a� employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied,on behalf of the other. Page 17 of 58 Packet Pg. 203 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 (b) Subrecipient,its officers, agents, employees, subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or w assignees are entitled to State retirement or State leave benefits, or to any other compensation of State U employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor M will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,joint venturer or partner of the State of Florida. U (e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical 0 support) to the Subrecipient or its subcontractor or assignee. 4- 0 (f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, 0- CL retirement benefits, social security, workers' compensation, health or disability benefits, reemployment CL assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents,receive benefits and necessary insurance (health,workers'compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. a DEO shall not be responsible the provision of an trainin to Subreci lent its employees,assi ns �) P P Y g Pg > agents,representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement;DEO may provide training in the form of an Implementation Workshop in M keeping with implementation U) 2 Remainder of this page is intentionally left blank U c� 0 c� c� Page 18 of 58 Packet Pg. 204 DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 DEO Agreement No.:IR026 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page U U) IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials, c� MONROE COUNTY BOARD OF DEPARTMENT OF ECONOMIC COUNTY , OPPO �;�Gby: U By By 0 Signature RFMYe "' Mayor David Rice Dane Eagle CL CL Title Chair Title Secretary Date 3/16/2022 Date 3/31/202 2 Federal ID# --. 59-6000749 # = 0738767570000 - _ AS NROE COUNTY ATTORNEY LO AWAOVEMA FORM �. LO Approved as to form and legal sufficiency,subject U) P,ED ��ChE?8-- ?` only to full and proper execution by the Parties. r►6slcUrrTYArroRNEYLO �►b. �+'�' Date 3/23/22 OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY 2 DocuSigned by: Attest:I EVIN MADOK,CLERK OF � MONROE COUNTY,FLORIDA BY _ �� ,.. Approved Date: - 3/25/2022 By: (As I putt'Clerl: c� Date: - a9 `•r'I �� rr Page 19 of 58 Packet Pg. 205 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 Attachment A— Project Description and Deliverables 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida,Department of Economic Opportunity(DEO)would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community W Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive U basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register,Vol. 84,No. 169. The Florida Department of Economic Opportunity(DEO)has apportioned the Federal Award to include y the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and 0 Administration $63,485,000. 4- 0 This award has been granted under the General Infrastructure Program. Projects eligible for funding under this program must be from units of general local government(UGLG)include towns,cities,counties 0. and villages. Eligible Activities include projects that demonstrably increase community resilience. The < following types of infrastructure projects are encouraged: a� 1. Restoration of critical infrastructure U) 2. Renourishment of protective costal dune systems and state beaches 3. Building or fortifying buildings that are essential to the health, safety and welfare of a community , 4. Rehabilitation or construction of stormwater management systems 5. Improvements to drainage facilities 6. Reconstruction of Eft stations and sewage treatment plants 7. Road repair and improvement and bridge strengthening U) 0 2 2. PROJECT DESCRIPTION Monroe County was awarded $8,181,489.00 of CDBG-MIT funds to complete drainage improvements in W a low-lying subdivision on Big Pine Key that was severely impacted by Hurricane Irma and is subject to y frequent and persistent flooding due to a variety of causes. Monroe County win use these funds to repair Father Tony Way between Avenues C and J by raising roadways and reconstructing the stormwater 0 drainage systems and installing two pump stations in the surrounding areas. This will serve the Big Pine Key subdivision and help to mitigate flooding of future storms and repair the damage Hurricane Irma left X in its wake. The town consists of an LMI population of 78.9%. The county has already designed the project through WSP USA inc. The county is providing no additional funds. 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any Page 20 of 58 Packet Pg. 206 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval within forty-five (45) days. The staffing plan must include the following: 1) Organizational Chart;and 2) Job descriptions for Subrecipient's employees,contracted staff,vendors and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1) Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2) Administrative financial management policies, which must comply with all applicable HUD U CDBG-MIT and State of Florida rules. 3) Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4) Policies and procedures to detect and prevent fraud, waste and abuse that describe how the X subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is conducted,the frequency of monitoring policy,and which items will be monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347- 0 3735 or email➢zofil...aze(.�),hr.. ,<..... ). 4- 5) Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- L MIT grant funds when available. C, d D. Upload required documents into a system of record provided by DEC). E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized subrecipient agreement files and make them accessible to DEO or its representatives upon request. ®a G. Comply with all terms and conditions of the subrecipient agreement, Infrastructure Program Guidelines,Action Plans,Action Plan amendments, and Federal, State and local laws. H. Provide copies of all proposed procurement documents to DEO ten(10)business days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will U) be reviewed and approved by DEO Grant Manager. Should the procurement documents require 2 revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Provide the following documentation to DEO within ten (10) calendar days after the end of each U month: c� 1) A revised detail report measuring the actual cost versus the projected cost; 2) An updated Attachment C which documents any changes to the projected progress along with justification for the revision. J. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Infrastructure Program Guidelines and report actual progress against the X projected progress ten (10) calendar days after the end of each month. K. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: cis 1) Submit updated organization chart on a quarterly basis with quarterly report; 2) If staffing changes,there must be a submittal stating the names,job descriptions, on the monthly report deadline; 3) A progress report documenting the following information: a) Accomplishments within the past quarter; b) Issues or risks that have been faced with resolutions; and c) Projected activities to be completed within the following quarter. Page 21 of 58 Packet Pg. 207 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 L. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C-Activity Work Plan. If Subrecipient is unable to meet a deadline with thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing no later than thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (4) Modification of Agreement. M. Close out report is due no later than sixty(60) calendar days after this Agreement ends or is otherwise terminated. N. Subrecipient shall provide pictures to document progress and completion of tasks and final project. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1—Project Implementation Tasks that are ehgible for reimbursement are as follows: 1. Professional services to the County for technical assistance and program management (Davis- Bacons review, Section 3 activities). U 4- 2. Environmental review, administrative activities (Environmental Exemption, Public Notice 0 Pubhcation(s), etc.). > 3. Grant management to include invoicing,record keeping,prepare and award bids to vendors. L 4. Project Closeout,Engineer's Certification of Completion,Grant Closeout Package Completed and C, d Submitted to DEO B. Deliverable No. 2—Engineering Services Tasks that are ehgible for reimbursement are as follows: U) 1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the a State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project and meet all local current hurricane code ratings,local codes and building codes ,U) 2. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit-related documentation for the project. 3. Conduct an Environmental Review/Assessment in accordance with DEO Policies and the 0 National Environmental Pohcy Act referenced in Attachment D,4.,b. of this agreement. > a� C. Deliverable No. 3—Construction Tasks that are eligible for reimbursement are as follows: U 1. Site(s) Preparation; 2. Demolition of roadway; 3. Purchase of materials for construction of Father Tony Way and intersecting roadway segments 0 between Ave C and Ave J within the applied service area. 4. Purchase of materials and construct raised roadway; X 5. Purchase of materials and installation of stormwater collection system; 6. Purchase of materials and installation of stormwater treatment;and 7. Purchase of materials and installation of stormwater disposal system. 8. Construction of two pump stations. M 5. DEO'S RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis Page 22 of 58 Packet Pg. 208 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DSO's sole and absolute discretion,and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1—Project Im lementation TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE Subrecipient shall provide Project Subrecipient may request Failure to complete the Minimum U Implementation activities in reimbursement upon completion Level of Service as specified shall accordance with Section 4.A of of a minimum of one (1) task on result in non-payment for this this Scope of Work,which shall be a per completed task basis deliverable for each payment request. reimbursed upon satisfactory associated with a completed task completion of an eligible task as as identified in Sections 4.13 and ct detailed in Sections 4.13 and 4.C, 4.C,Deliverables 2 and 3, as Deliverables 2 and 3,as identified evidenced by submittal of the in this Scope of Work. following documentation: U 1) Summary of Project 0 Implementation activities;and 2)Invoice package in accordance 0 with Section 7 of this Scope of CL Work. Deliverable 1 Cost-$409,074.45 Deliverable No.2—Engineering Services TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE Subrecipient shall complete tasks as Subrecipient may request Failure to complete the Minimum detailed in Section 4.B of this Scope reimbursement upon completion Level of Service as specified shall of Work. of a minimum of one (1) task in result in non-payment for this �+ 'L3 accordance with Section 4.13 of deliverable for each payment request. this Scope of Work, evidenced by submittal of the following 0 documentation: > 1) Engineering design working to drawings and associated cost W estimates; U 2)Copies of all required permits; and U 3)Invoice package in accordance with Section 7 of this Scope of 0 Work. � Deliverable 2 Cost-$630,332.00 Deliverable No.3—Construction TASKS MINIMUM LEVEL OF FINANCIAL CONSEQUENCES SERVICE ct Subrecipient shall complete tasks as Subrecipient may request Failure to complete the Minimum detailed in Section 4.C. of this Scope reimbursement upon completion Level of Service as specified shall of Work. in accordance with Section 4.0 of result in non-payment for this this Scope of Work in the deliverable for each payment request. following increments: 10%,20%, 30%,40%, 50%, 60%, 70%, 80%, 90% and 100%,evidenced by Page 23 of 58 Packet Pg. 209 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEC)Agreement No.: IR026 submittal of the following documentation: 1) AIA forms G702 and G703, or similar accepted DEC) form, completed by a licensed professional certifying to the percentage of project completion; 2) Photographs of project in progress and completed; and U) 3)Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 3 Cost-$7,142,082.55 W Total Project Costs Not to Exceed: $8,181,489 X c� COST SHIFTING: The deliverable amounts specified within the Deliverables Section 6 table above are established based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the t0 Agreement in order to designate payment points during the Agreement Period;however, this is not intended 4- to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the M deliverables herein. Prior written approval from DSO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 25% of each deliverable total funding amount. Changes that exceed C, CL 25% of each deliverable total funding amount will require a formal written amendment request from < Subrecipient,as described in MODIFICATION section of the Agreement.Regardless,in no event shall DEC ., reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL U) DEC) shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding , Requirements of s. 215.971(1),F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement,costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures U) (Vzttl�s://�v��,��-.m�fl<�riciacf<:�.cc:���Y/17i�iyion/�"�_,"�/i�Saniials/dc:�cui��YenfiS/Refercncc(ii.u�icf<:�rSfiaficl:xl�cnditli:ires.lr nc��s A. Subrecipient shall provide one invoice per month for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the Subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Grant Manager certifying that the costs being claimed in r. the invoice package: (1) are specifically for the project represented to the State in the budget es appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this X Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement,and work completed to date; c� 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project,or a quantifiable portion of the project,is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 24 of 58 Packet Pg. 210 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DEO Agreement No.: IR026 C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DSO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. w U U) Remainder of this page is intentionally left blank c� 0 U 4- 0 76 0 CL CL U) U) U) 0 2 t3 c� 0 U c� Page 25 of 58 Packet Pg. 211 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 U U) DEO Agreement No.:IR02 C Attachment B—Project Budget(Example) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SL1breClplent: Contract Modification Number: Number: � Activity/Project National Objective Beneficiaries Budgets ax Activit um Urgent Other Sourc Total Y Description LMI & Need VLI LI MI Non- Total MIT Funds e* Funds Blight LMI Amount 4- 1. Housing Program-Homeowner 0 Service Project(Example Activities) 6 Home Repair 0- 1 Reconstruction CL Replacement of Xianufactured Homes Temporary Rental and L59 Xfortgage Assistance Buyout/Acquisition for Redevelopment 2. Housing Program-Supportive Housing Initiative PUD Rental Housing Project(Example Activities) t) 3. Public Facilities Program— t) Unified 0 Service Center(Example 2 Activities) as 4. Infrastructure Program (Example Activities) U a.+ Armstrong Drainage Project Hastings Phase I Sewer 0 Hastings Phase II Sewer Page 26 of 58 c� Packet Pg. 212 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 U U) DE O Agreement No.:IR02 C Oyster Creek Bashi 6/S Improvements Orange Street Drainage Avenue D Drainage U St.Augustine-Lake Maria Sanchez HMGP Match 0 Drainage u St Augustine Blvd& 0 Cypress Rd Drainage ra S Administration 0 6. Planning CL Totals: 'L3 �9 *Show the sources and amounts of Other Funds needed to complete the project below,including local funds,grants from other agencies and program income. Source of Other Funds Amount 6/S 2. Uy 3. 4. U) 0 U u U 0 U Page 27 of 58 c� Packet Pg. 213 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 U U) DEO Agreement No.:IR02 C Attachment C—Activity Work Plan(Example) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Subrecipient Activity: Project Budget: a.+ Contract Number. Date Prepared: Modification Number: � 0 U Start End Describe CDBG Estimated � Date Date Proposed Associated Local�Matc Activity Description Deliverable MIT Funds by � (month (month Action Task h Funding Funding End Date > year) year) 0- 1 1 �9 a U) U) 0 U U U 0 U Page 28 of 58 c� Packet Pg. 214 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment D—Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. U 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready U) comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DSO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO U for review: a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement, U including an affidavit of publication; 0 b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved > because it violates State, Federal or local procurement guidelines. The Subrecipient shall not DEO in writing L no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional C services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, r. the Subrecipient shall complete the following: °M a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the _J local government will not be able to use CDBG-MIT funds for that contract beyond$5,000. U) b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR 1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request U) for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16) 0 when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use > Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT M BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT y FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies U Act of 1970,as amended (42 U.S.C. �� 4601-4655;hereinafter,the "URA"),implementing regulations at 24 CFR part a 42,49 CFR part 24 and 24 CFR� 570.606(b),the requirements of 24 CFR�42.325—42.350 governing the Residential M Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR § 570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her rights under the URA,an invitation to accompany the appraiser,all appraisals,offer to the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 29 of 58 Packet Pg. 215 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition,or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO,HUD,and applicable,regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); w t3 c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if U) applicable);and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday, November 21,2016. U 4- 0 9. For each Request for Funds (RFF) that includes reimbursement of construction costs,the Subrecipient shall provide ra a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a 0 comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, CL Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the ., Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; U) b. The contractor's performance bond (100 percent of the contract price); and c. The contractor's payment bond (100 percent of the contract price). U) 0 c� 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to > 24 CFR § 570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, U acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated y in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future 0 disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR§ 570.489(j). X 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for Rehabilitation,codified at 36 CFR 67,and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers,contractors,consultants and engineers involved in the application or in the planning,development or implementation of the project or CDBG- MIT-funded activity; and Page 30 of 58 Packet Pg. 216 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR § 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR § 570.489(g), such as those relating to the acquisition or disposition of real property,CDBG-MIT financial assistance to beneficiaries,businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with, and this Agreement is subject to, Chapter 112 F.S. U U) 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement r. that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall LO be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with M CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the t0 construction progresses, additional photography or videography shall document the ongoing improvements. Upon - completion of construction, final documentation of the activity locations will be provided to DEO with the ra administrative closeout package for this Agreement. 0 C, CL 19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion ., by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be 9 accomplished prior to submission of an administrative closeout package and a copy of the certification shall be U) submitted with the administrative closeout package. U) U) 0 2 t3 c� 0 c� c� Page 31 of 58 Packet Pg. 217 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment E—State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DSO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of DSO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to,and,by signing this Agreement, certifies that,it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified U by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, M LO 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. 11/Wednesday, January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, a 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DSO's responsibilities for environmental review, decision-making and action, M described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable U Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that 0 govern the use of the CDBG-MIT funds in complying with its obligations under this agreement,regardless of whether ra CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. 0- C, CL The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds ,,,, otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, a regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: a U) 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits.Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. 0 b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. U c� The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes,regulations, and the terms and conditions 0 of this agreement. M This review must include: (1) Reviewing financial and performance reports required by DEC); (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means;and (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. Page 32 of 58 Packet Pg. 218 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2).DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug-Free Workplace U Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the U) government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 r. (Pub.L. 100-690,Title V,Subtitle D; 41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. - The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or CL disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement,its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit https://www.sam.gov/SAM/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR W 570.200(j).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that LO when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to U the extent they are inconsistent with 24 CFR 570.200(j) and 24 CFR 570.489(j), in which case Subrecipient shall U comply with 24 CFR 570.200(j) and 24 CFR 570.489(j),except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 0 570.489(e)(1)(ii). 6. Federal Funding Accountability and Transparency Act FFATA) .. The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in E accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number https://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Propert Acquisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended (URA),42 USC 4601 —4655,49 CFR part 24,24 CFR part 42,and 24 CFR 570.606. Page 33 of 58 Packet Pg. 219 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a In addition to other URA requirements,these regulations (49 CFR§24.403(d))implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of U the Housing and Community Development Act of 1974 (Title 1) (42 U.S.C. 5309). Section 109 provides that no U) person in the United States shall,on the ground of race,color,national origin,rehg'on or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded LO in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age M Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973(29 U.S.C.794) (Section 504).Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient t0 shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the 4- regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. 0 0 b. Architectural Barriers Act and the Americans with Disabilities Act C, CL The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and < the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility 2M designed,constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and � meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined a in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides LOO comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, 0 State and local government services and telecommunications. It further provides that discrimination includes a .2 failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily 0 accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is U readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense. s c. State and Local Nondiscrimination Provisions 0 The Subrecipient must comply with the Florida Small and Minority Business Assistance Act 288.703-288.706, F.S.);Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- E 352), as amended. No person in the United States shall,on the grounds of race, color, or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 34 of 58 Packet Pg. 220 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations,facilities, services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property W or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate n the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the r. Property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the M Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. 0 U 4- In the case of real property, structures or improvements thereon,or interests therein, acquired with Federal 0 financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement,the instrument effecting any disposition by the Subrecipient of such real C, property,structures or improvements thereon,or interests therein,shall contain a covenant running with the C land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property 2M interests under this Agreement, to the extent that rights to space on, over, or under any such property are U) included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action U) (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DSO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24,1966,as amended,and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an LO Affirmative Action Program for approval prior to the release of funds under this agreement. w U (2) Women- and Minority-Owned Businesses (W/MBE) i The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when 0 the Subrecipient procures property or services under this agreement. P P P P Y g (3) Notifications .. The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting E officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 35 of 58 Packet Pg. 221 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a 9. Labor and Employment Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 3141,et seq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. W U) The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing r. regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall be made available to DEO for review upon request. M c� 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low-Income Person Definition 0 A low-income person,as this term is defined in Section 3 (b)(2) of the 1937 Act(42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 C, per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary C because of prevailing levels of construction costs or unusually high or low—income families;or (ii) A very low- income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose 2M incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary � with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. U) b. Compliance Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing .5 Federal, state and local laws and regulations. Accordingly, a Subrecipient of Section 3-covered assistance is 0 required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the U following"Section 3 clause"in every"Section 3-covered contract": s (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing 0 and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low- and very low- income persons,particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,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 75 < regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants Page 36 of 58 Packet Pg. 222 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a 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. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, 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 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. U (5) The contractor will certify that any vacant employment positions,including training positions,that are filled U) (1) after the contractor is selected but before the contract is executed,and (2) with persons other than those r. to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled LO to circumvent the contractor's obligations under 24 CFR part 75.F. Noncompliance with HUD's regulations W in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or M suspension from future HUD assisted contracts. (6) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. 0 (7) 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 0 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 C, CL 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). .M c.. Section 3 Benchmarks and Reporting A.Benchmarks. Contracts over$200,000 trigger Section 3 Benchmark requirements.When triggered,best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and business concerns to M meet these yniniynuyn numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 LO workers; and 0 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 .2 workers. as B. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR § 75.23,pursuant to 24 CFR § 75.25(b), the subrecipient must report in a U form prescribed by HUD on the qualitative nature of its activities and those its contractors and s subcontractors pursued. C. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or 0 DEO which may be amended from time to time for HUD reporting purposes. 11. Conduct a. Hatch Act The Subrecipient shall comply with the Hatch Act,5 USC 1501—1508,and shall ensure that no funds provided, M nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. Page 37 of 58 Packet Pg. 223 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a In all cases not governed by the conflict of interest provisions in DSO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbving Certification The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation,renewal, amendment or modification of any Federal contract,grant,loan,or cooperative agreement; w t3 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for U) influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; X (3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all U subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and 0 (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any ra 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. C, CL d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious ., activities prohibited by 24 CFR 570.200(j), such as worship,religious instruction, or proselytization. Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under any Department program, or any intermediate organization with the same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, rehgious instruction,or proselytization, as part of the programs or services funded with direct financial assistance. U) Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of reh 'on or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non-rehgious organizations. e. Environmental Conditions (1) Prohibition on Choice Limiting Activities Prior to Environmental Review U The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not s delegated the requirement under Section 104(g) of the HCD Act for environmental review,decision-making and action (see 24 CFR part 58) and is not delegated DSO's responsibilities for initiating the review process 0 under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance P P P g � and specifically limits commitments of HUD funds or non-HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Air and Water The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: (a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency--40 CFR parts 6,51,and 93);and Page 38 of 58 Packet Pg. 224 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended,and all regulations and guidelines issued thereunder. (c) The Clean Air and Water Act: If this Contract is in excess of$100,000,Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance W with the Energy Policy and Conservation Act,Pub.L. 94-163. (3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of LO the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood X Insurance Reform Act of 1994,as amended,(42 U.S.C. 5154a),which includes a prohibition on the provision of flood disaster assistance,including loan assistance, to a person for repair,replacement or restoration for damage to any personal,residential, or commercial property if that person at any time has received Federal t0 flood disaster assistance that was conditioned on the person first having obtained flood insurance under 4- applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as 0 required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. C, More information about these requirements is available in the Federal Register notices governing the CDBG- CL MIT award and listed at the beginning of this Attachment. (4) Lead-Based Paint The Subrecipient shall follow DSO's procedures with respect to CDBG assistance that fulfill the objectives 0 and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A,B,J, K,and R of this title. (5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic U) Preservation Act of 1966,as amended, codified in title 54 of the United States Code,and the procedures set r. forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. U) 0 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and .2 demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or 0 local historic property Est. (6) Additional Regulations U (a) The Temporary Assistance for Needy Families Program (`TANF"), 45 CFR Parts 260-265, the Social U Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. 0 b Title IX of the Education Amendments of 1972 as amended 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in educational programs. (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which .. prohibits discrimination on the basis of race, creed, color, national origin sex, handicap, political affiliation or beliefs. (d) The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law (Pub.L.) 103-277, the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis,to children up to age 18. Page 39 of 58 Packet Pg. 225 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a (e) Public Announcements and Advertising:When issuing statements,press releases,requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. ( Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. _ (g) The Consolidated Appropriations Act,2010,Division E,Section 511 (Pub.L. 111-117),which prohibits U distribution of federal funds made available under the Act to the Association of Community U) Organizations for Reform Now(ACORN)or its subsidiaries. The Continuing Appropriations Act,2011 Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub.L. 111-117. (h) Contract Work Hours and Safety Standards Act(40 U.S.C.�327-333)—If this Contract involves federal M funding in excess of$2,000 for construction contracts or in excess of$2,500 for other contracts that involve the employment of mechanics or laborers,compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor t0 regulations (29 CFR Part 5)is required. Under section 102 of the Act, each contractor shall be required 4- to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. 0 Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or < mechanic shall 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 2M intelligence. W (i) Resource Conservation and Recovery Act (RCRA). Under RCRA(Pub. L. 94-580 codified at 42 U.S.C. 6962),state and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. U) (j) Immigration Reform and Control Act. Contractor shall comply with the requirements of the r. Immigration Reform and Control Act of 1986,which requires employment verification and retention of LO verification forms for any individuals hired who will perform any services under the contract. 2 2 When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State 0 may impose any of the additional conditions and/or requirements outlined in 2 CFR 200.207. w U c� 0 c� c� Page 40 of 58 Packet Pg. 226 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment F—Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: _ w 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race,color,familial U status,handicap,national origin,rehg'on and sex); U) 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive M fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a y complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 0 4. Establish a system to record the following for each fair housing call: U 4- a) The nature of the call ra ra b) The actions taken in response to the call, 0 c) The results of the actions taken and CL d) If the caller was referred to another agency, the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) U) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will W help the community do the following: LO U) 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts,and U) 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. > a� Examples of fair housing activities include the following: 1. Making fair housing presentations at schools,civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales 0 and church festivals; and 4. Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. d The Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles, sign-in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 41 of 58 Packet Pg. 227 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants qj from discrimination in hiring,promotion, discharge,pay, fringe benefits,job training, classification,referral and U other aspects of employment,on the basis of race, color,rehg'on, sex,national origin, disability, age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. U Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 0 4. Establish a system to record the following for each EEO call: a) The nature of the call ra b) The actions taken in response to the call and 0 c) The results of the actions taken; CL 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this Est to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the Est to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services + maintains a Est of certified minority- and women-owned businesses that can be used to develop a local MBE/WBE Est at the following website: https://osd.dms.myflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b)into any contracts or subcontracts that meet the definition of"federally assisted construction contract" in 41 CFR 60-1.3. U) Section 504 and the Americans with Disabilities Act (ADA) U) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally U funded activities to all individuals,regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. w The Subrecipient shall do the following: U c� 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially Emits one or more major life activities, c� b) Has a record of such an impairment or c) Is regarded as having such an impairment; M 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; E 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 42 of 58 Packet Pg. 228 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services,benefits or opportunities to participate as a result of physical barriers,or 3. Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are w otherwise entitled or qualified. UU) The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment, State and local government,public accommodations, commercial facilities,transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with a an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal r. funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit t0 from all of their programs, services and activities (e.g. public education, employment, transportation, recreation,health - care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, L vision or speech disabilities. CL Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels, + movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation M, services provided by private entities are also covered by Title III. Section 3 -Economic Opportunities for Low- and Very Low-Income Persons U) Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job n openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep U) records to document the number of low- and moderate-income people who are hired to work on CDBG-MIT-funded .2 projects. The number of low- and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. w The following Section 3 clause is required to be included in CDBG-MIT-funded contracts of$100,000 or more: U Section 3 Clause 0 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons,particularly persons who are Subrecipients of HUD assistance for housing. a 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,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 75 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the Page 43 of 58 Packet Pg. 229 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a 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. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75,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 _ 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge W that the subcontractor has been found in violation of the regulations in 24 CFR part 75. U 5. The contractor will certify that any vacant employment positions,including training positions, that are filled (1) after the contractor is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractors obligations under 24 CFR part 75. c� 6. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for default and debarment or suspension from future HUD assisted contracts. t0 4- 7. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of 0 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 L opportunities for training and employment shall be given to Indians,and (ii) preference in the award of contracts C 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). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: U) 1. Title VI of the Civil Rights Act of 1964—Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; > 3. Title VIII of the Civil Rights Act of 1968—as amended (the Fair Housing Act of 1988); 4. 24 CFR� 570.487(b) —Affirmatively Furthering Fair Housing; U t3 5. 24 CFR� 570.490(b) —Unit of general local government's record; y 6. 24 CFR� 570.606(b) —Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 0 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively W Furthering Fair Housing; X 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race,color,rehg'on, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 1968,as amended—Employment/Training of Lower Income Residents and Local Business Contracting. Page 44 of 58 Packet Pg. 230 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 I hereby certify that Monroe Count BOCC shall comply with all of the provisions and Federal regulations listed in ..... ,,,,,,,,,,,,,,,,,,,,, ................... this Attachment F, y. B Date: 1-2 re '� " '� U Name: AfI30VEgA:5 ROE COUNTY A'i MFINEY David.Rice FORM PJEDRO o. YE u ASSI&TAN'rr, ATTCSRNEY c� Tide: pate 3/22/22 To' c- ` 0 Remainder of this page is intentionally left blank y CL r� CL EVIN MADOK, CLERK OF +ROE COUNTY, FLORIDA U) By. . A Deputy lerkll Date: . o2 ......... _ U) U) 0 2 c, c� 0 c� c� Page 45 of 58 Packet Pg. 231 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment G—Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 1011, of every April,July, October and January. _ w 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at U https://www.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted 'a by April 15 and October 15 each year through the DSO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§ 200.343.Activities during this close-out period may include,but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, 0 U equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and - determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer L to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to C the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to auditndeo.myflorida.com LOO within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 0 2 6. The Section 3 Summary Report, form HUD-60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding LO employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables,Project Detail Budget and Activity Work Plan. U 8.All forms referenced herein are available online or upon request from DSO's grant manager for this Agreement. X c� Page 46 of 58 Packet Pg. 232 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment H—Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 CY R 200.302 titled "Financial Management"),Section 218.33,F.S.,and include the following: 1. Accurate,current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. 3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard W all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR a part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles") and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. U Competition - All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner > providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive CL practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure C objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work,invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose �y proposal is most advantageous to the program, considering the price,quality and other factors. Solicitations shall clearly U) set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the WO Subrecipient. Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct U) The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged r. in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or LO administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a u conflict would arise when the employee, officer or agent,an member of his or her immediate family,his or her artner, 2 � Y Y> P °� or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a 0 tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts. U The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, U employees or agents of the Subrecipient. (See 2 CFR § 200.318(c)(1).) 0 Business Hours U The Subrecipient shall have its offices open for business,with the entrance door open to the public,and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 47 of 58 Packet Pg. 233 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment I—Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215.97, F.S., as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by W DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees U) to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. M AUDITS PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or 0 nonprofit organization as defined in 2 CFR§200.90, §200.64,and §200.70. U 4- 0 1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program- ra specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. 0 EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining CL the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503. An audit of the Subrecipient 9= conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the °M requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-512. 3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit a conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient M expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in n accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be U paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). w PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2), F.S. 0 U 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.;Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this E form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 48 of 58 Packet Pg. 234 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017, and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S.,is not required.If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). _ w PART III: OTHER AUDIT REQUIREMENTS U) (NOTE:This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's po§g (i.e., the audit is not required by Federal or State laws and is not in conf§ct with other Federal or State audit requirements. Pursuant to Section 295.97(8), F.S., State agencies may conductor arrange for audits of state financial assistance that X are in addition to audits conducted in accordance :with Section 215.97, ES. In such an event, the State awarding agency must arrange for � funding the full cost of such additional audils.) 0 U N/A 0 PART IV: REPORT SUBMISSION CL CL 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit < Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR § 200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR§ 200.36 and §200.512. U) The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: U) m.„ DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): YV�d'fi ,dco mvflor'da.corn Department Economic Opportunity MSC# 75, Caldwell Building 107 East Madison Street M Tallahassee, FL 32399-4126 0 c� 1La„ The Auditor General's Office at the following address: Auditor General Local Government Audits 342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website (https://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. Page 49 of 58 Packet Pg. 235 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies (preferred): or Paper (hard copy): it c�),d c�rjrvflorida.con n Department Economic Opportunity MSC# 75, Caldwell Building _ 107 East Madison Street Tallahassee,FL. 32399-4126 U U) 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters X 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR t0 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit ,- and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package 0 was delivered to the Subrecipient in correspondence accompanying the reporting package. L_ CL CL PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient U) shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition,if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of U) all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer. U) 0 2 t3 c� 0 c� c� Page 50 of 58 Packet Pg. 236 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Exhibit 1 to Attachment I—Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $8,181,489.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program U and Non-Entitlement Grants in Hawaii U) Catalog of Federal Domestic Assistance Number: 14.228 Project Description: Funding is provided to complete drainage improvements in a low-lying subdivision on Big Pine Key that was severely impacted by Hurricane Irma and is subject to frequent and s Tl)z*s is not a research and developrnent aivard. persistent flooding due to a variety of causes. 0 U 4- Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as 0 76 Follows: y Federal Program CL CL 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048, F.S. ., 2. The Subrecipient shall perform its obligations in accordance with 24 CFR�� 570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3),F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability (NFA). U) State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A 2 Matching Resources for Federal Programs:N/A U Subject to Section 215.97,Florida Statutes: N/A 0 Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR§ 200.331 and Section 215.97(5), F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 51 of 58 Packet Pg. 237 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment J—Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit(?deo.myflorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: U Contact's Email: U) 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding, c� economic incentive award agreement,etc.) between the Subrecipient and the Department of Economic Opportunity(DEO)? ❑Yes ❑ No 0 If the above answer is yes, answer the following before proceeding to item 2. 4- 0 Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and all other ra sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No 0 CL If yes, the Subrecipient certifies that it will timely comply with all applicable State single or CL project-specific audit requirements of Section 215.97,Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2M U) 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding,economic incentive award agreement,etc.) between the Subrecipient and DEO? ❑ Yes ❑ No U) If the above answer is yes, also answer the following before proceeding to execution of this certification: � Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 CFR part 200, subpart F, as revised. t3 c� By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 0 1 and 2 are true and correct. U Signature of Authorized Representative Date c� Printed Name of Authorized Representative Title of Authorized Representative Page 52 of 58 Packet Pg. 238 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment K—Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement U U) c� 0 U 4- 0 76 0 CL CL U) U) U) 0 2 t3 c� 0 U c� Page 53 of 58 Packet Pg. 239 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the W non-Federal entity under the Federal award must contain provisions covering the following, as applicable. U) (A) Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount cu determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,must address administrative,contractual,or legal remedies in M instances where contractors violate or breach contract terms,and provide for such sanctions and penalties y as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the 0 non-Federal entity including the manner by which it will be affected and the basis for settlement. - (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts > that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include L the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order C, 11246 "Equal Employment Opportunity" (30 FR 12319 12935 3 CFR Part 1964-1965 Comp.,P� 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal a� Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." (D) Davis-Bacon Act,as amended (40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with M the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than n the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place > a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the U Federal awarding agency.The contracts must also include a provision for compliance with the Copeland M "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part 0 by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or M repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the 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 Page 54 of 58 Packet Pg. 240 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement"under 37 CFR � 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding U 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, M Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387),as amended- Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations 0 issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR CL 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise U) excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. I Byrd Anti-Lobb in Amendment 31 U.S.C. 1352 Contractors that apply or bid for an award O Y Y g (- ) - PP ,� exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. U Q) See 200.323—Procurement of Recovered Materials. c� (K) See 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. c� (L) See 200.322—Domestic Preferences for procurements. [78 FR 78608,Dec. 26,2013,as amended at 79 FR 75888,Dec. 19,2014; 85 FR 49577,Aug. 13,2020] a� c� Page 55 of 58 Packet Pg. 241 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant U Disaster Recovery(CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement ("Agreement") is made and entered into by and between the Monroe County Board of County Commissioners (hereinafter referred to as "Subrecipient") and the State of X Florida,Department of Economic Opportunity (hereinafter referred to as "DEO'�. y In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community U Development Block Grant-Mitigation Program (the "CDBG-MIT Program' administered by DEO, 0 Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments > received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any L reimbursement or relief program related to or administered by the Federal Emergency Management Agency C, ("FEMA'� or the Small Business Administration ("SBA") (singularly, a "Disaster Program" and collectively, ., the "Disaster Programs' that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB' as provided in this Agreement. + The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or , the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds,"and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving U) any Proceeds,Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB.If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The U) amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT cs Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the U insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving depositions,providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster X Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 56 of 58 Packet Pg. 242 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount W greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such U subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be 0 disbursed as follows: U 0 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. L CL 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall U) be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient;and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient,and this Agreement shall terminate. 0 .2 Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. U Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds U received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. 0 c� Warning.• Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. X — Remainder of this page is intentionally left blank c� Page 57 of 58 Packet Pg. 243 DocuSign Envelope ID: E62F2F5B-56DE-4CFB-B9CE-17D9AB34E362 C.7.a DocuSign Envelope ID:E62F2F5B-56DE-4CFB-B9CE-1709AB34E362 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. t3 U) MONROE COUNTY BOARD OF DEPARTMENT OF ECONOMIC COUNTY�1"'�M�""lI ` BONER OPPO 'b,: 1 By By signature rgnature Mai or David Rice Dane Eagle 0 t3 Title Chair Title Secretary 0 m D'.. ....... .. Date 3/31/2022 1 NR 9OCEU4�FfY�lTTlPUM d� oA r KEVIN MADOK, CLERK OF PED�O a "�- M� e A8S1STA)4T MWYATTORNEY ROE COUNTY, FLORIDA Date 3/22/22 sY o (m1 a _ ,- J ......,.... ... A.w Deputy'"t.'lerk" Date k,4.4 E" U) 0 2 U c� 0 c� c� Page 58 of 58 Packet Pg. 244 C.7.a RESOLUTION NO. 078 -2022 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) SUBRECIPIENT AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK W GRANT - MITIGATION PROGRAM (CDBG-MIT) AND ACCEPTANCE OF $8,181,489.00 IN NON MATCHING GRANT FUNDS TO IMPLEMENT THE SANDS SUBDIVISION, BIG PINE KEY, SEA LEVEL RISE PILOT ROADWAY AND DRAINAGE MITIGATION PROJECT c� 0 U 4- 0 WHEREAS, In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive funding to support long-term mitigation efforts < following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT)program; and WHEREAS, the Department of Housing and Urban Development ("HUD") administers the CDBG-MIT grant program and issued guidelines for application and award; and U) WHEREAS, Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID)Areas,primarily addressing the Benefits to Low-to- Moderate Income (LMI)National Objective. 0 2 WHEREAS, pursuant to the HUD guidelines the Florida Department of Economic Opportunity ("DEO") submitted a state action plan setting forth the states proposed disaster recovery programs; and U c� WHEREAS, On August 19, 2020, Monroe County conducted a public meeting for citizens and municipalities to provide input on an application for grant funds for the CDBG program; and WHEREAS, on November 12, 2021 the Florida Department of Economic Opportunity (DEO) awarded Monroe County $8,181,489.00 in CDBG-MIT Program E funds and on January 28, 2022, DEO transmitted the Sub-recipient agreement to the County. d NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Packet Pg. 245 C.7.a 1. The Mayor or designee is directed to sign the CDBG-MIT Program Sub- recipient agreement with DEO accepting $8,181,489.00 in non-match grant funds. 2. Monroe County staff are directed to implement the CDBG-MIT Program in compliance with all requirements imposed by Federal statues, regulations and the terms and conditions of DEO's HUD (federal award). U U) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th Day of March, 2022. c� ® �® Mayor David Rice Yes Mayor Pro Tern Craig Cates Yes 0 U 1 E3 Commissioner Michelle Coldiron Yes - Commissioner District 3 Vacant Commissioner Holly Merrill Raschein Yes 0 CL �' ,• CL BOARD OF COUNTY COMMISSIONERS °""•• °a . KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA J,Ile U) BY:� Ali ' BY: As Deputy Uerk Mayor , U)' MONROECOUNTY-ATTORNRY Cam. !; �PPRgyFOASTO 0 t . J� CHRISME LIMGERT•➢ARROWS (y U r ASSISTANTCOUNTY ATTORNEY i�7 �.. r 'bATE 2/7/22 t"I U 1'� E U Packet Pg. 246