Item C16 C.16
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: C.16
Agenda Item Summary #11496
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger (305) 570-9156
N/A
AGENDA ITEM WORDING: Approval of a Community Development Block Grant (CDBG)
Agreement with the Florida Department of Economic Opportunity (DEO) in the amount of
$2,956,533.59 for Rowell's Waterfront Park Phase IL This grant is awarded as part of the
Coronavirus Aid, Relief, and Economic Security (CARES) Act.
ITEM BACKGROUND: Under the CARES Act, Community Development Block Grant—
Coronavirus (CDBG-CV) $5 billion in federal funding has been made available to states to prevent,
prepare for, and respond to the COVID-19 pandemic.
On March 11, 2021, Monroe County submitted a Community Development Block Grant—
Coronavirus (CDBG-CV) grant application to the Florida Department of Economic Opportunity
(DEO)to fund the enhancement of Rowell's Waterfront Park. These enhancements will allow the
Park to be used for future testing and vaccinations in the event of a public health epidemic.
On October 21, 2022, Monroe County received a grant agreement from DEO for award of a CDBG-
CV Grant in the amount of$2,956,533.59 with no County match.
PREVIOUS RELEVANT BOCC ACTION:
2/17/2021 —BOCC approved a Public Meeting to provide input on an application for CDBG-CV
grant funds for Rowell's Park.
10/20/21 —BOCC approved a Language Access Plan (LAP) for the CDBG-CV program.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Grant Agreement
DOCUMENTATION:
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C.16
FDEO Subgrant 422CV-S03- Rowell's Park legal stamped
FINANCIAL IMPACT:
Effective Date: 3/1/2022
Expiration Date: 9/30/2023
Total Dollar Value of Contract: $2,956,533.59 (grant amount)
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: Yes
Source of Funds: TBD- new cost center to be created
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: Yes
County Match: None
Insurance Required: n/a
Additional Details:
N/A
REVIEWED BY:
Cary Knight Completed 11/21/2022 10:43 AM
Kevin Wilson Completed 11/21/2022 10:53 AM
Joseph DiNovo Completed 11/21/2022 2:04 PM
Purchasing Completed 11/21/2022 2:24 PM
Budget and Finance Completed 11/21/2022 3:18 PM
Brian Bradley Completed 11/21/2022 3:28 PM
Lindsey Ballard Completed 11/21/2022 3:31 PM
Board of County Commissioners Pending 12/07/2022 9:00 AM
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Subgrant Contract Number: 22CV-S03
FLAIR Contract Number: H2474
CFDA Number: 14.228
State of Florida
Department of Economic Opportunity
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Federally-Funded Community Development Block Grant CARES (CDBG-CV)
Subgrant Agreement 0
THIS 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 "Recipient" (each individually a"Party"and collectively"the Parties").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS,the Coronavirus Aid,Relief, and Economic Security Act (Pub. L. 116-136) (CARES Act) makes available
$5 billion in Community Development Block Grant coronavirus response (CDBG—CV) funds to prevent,prepare for, and
respond to coronavirus.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) administers the Community U
Development Block Grant (CDBG) Program and CDBG-CV Program at the Federal level and distributes grant funds to the
states. The State of Florida has received CDBG-CV grant funds from HUD. C'
WHEREAS, DEO is the CDBG-CV grantee agency for the State of Florida, designated to receive funds annually for U)
program purposes. As such, DEO is authorized to distribute CDBG-CV funds to the Recipient so that the Recipient may
develop and preserve affordable housing,provide services to communities,and create and retain jobs. I
WHEREAS, pursuant to the requirements of Title 2, Code of Federal Regulations (C.F.R.), part 200 and 24 C.F.R. CL
570, the Recipient is qualified and eligible to receive these federal grant funds in order to provide the services identified
herein.
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NOW THEREFORE,DEO and the Recipient agree to the following: ,
(1) Scope of Work. U
The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables and Part 4 and CN
Appendix A from Part 9 of the Recipient's Florida CDBG-CV Application for Funding submitted by the Recipient on
October 29,2021.
(2) Incorporation of Laws, Rules, Regulations, and Policies.
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The Recipient agrees to abide by all applicable State and Federal laws,rules, and regulations, as now in effect and as may be
amended from time to time,including but not necessarily limited to, the Federal laws and regulations set forth at 24 C.F.R.
part 570 subpart I (the State Community Development Block Grant Program) and 24 C.F.R.part 58 (Environmental Review
Procedures for Entities Assuming HUD Environmental Responsibilities) and chapter 73C-23.0081(2), Florida
Administrative Code (F.A.C.),Effective: May 27,2018. E
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(3) Period of Agreement.
This Agreement begins on March 1,2022, (the"Effective Date") and ends on September 30,2023, (the "Expiration Date'),
unless otherwise terminated as provided in this Agreement (the "Termination Date"). The period of time between the
Effective Date and the Expiration Date or Termination Date is the "Agreement Period."
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(4) Modification of Agreement.
(a) Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification
request by the Recipient constitutes a request to negotiate the terms of this Agreement and DEO may accept or reject
any proposed modification based on DSO's determination, and in its sole discretion, that any such acceptance or
rejection is in the State's best interest.
(b) When requesting a modification, the Recipient shall electronically submit a cover letter signed by the
Recipient's Chief Elected Official or by a duly-authorized Recipient's employee,officer,or board member,as evidenced
by a written resolution or similar document. The letter must describe the need for the proposed changes and the effect
that they will have on the project. If the modification requests a time extension,the letter must provide the justification
for the extension. DEO shall not grant any extension of this Agreement unless the Recipient provides justification
satisfactory to DEO in its sole discretion, and DSO's designee within the Division of Community Development
approves such extension. The justification must document that project delays are due to events beyond the Recipient's
control, and include a performance plan that demonstrates the Recipient's capacity to perform and complete the
remaining project tasks within the extension period. DEO may take into consideration the Recipient's progress and
verifiable achievements at DSO's sole and absolute discretion. Upon expiration or termination of this Agreement,the
Recipient shall follow the Agreement Closeout Procedures set forth in Attachment H,Reports.
(5) Records.
(a) The Recipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 — Uniform U
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards as now in effect and as may
be amended from time to time. U
(b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State
of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the CL
Federal government and their duly authorized representatives shall have access to any of the Recipient's books,
documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the
purposes of conducting audits or examinations or making excerpts or transcriptions.
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(c) The Recipient shall maintain books, records, and documents in accordance with generally accepted 15
accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO CL
under this Agreement. �-
(d) The Recipient will provide a financial and compliance audit to DEO,if applicable,and ensure that all related 0
party transactions are disclosed to the auditor.
(e) The Recipient shall retain sufficient records on-site to show its compliance with the terms of this Agreement,
and the compliance of all subrecipients, contractors, subcontractors, and consultants paid from funds under this U
Agreement, for a period of six years from the date DEO issues the Final Closeout (as defined in rule 73C-23.0031(14), C
F.A.C.) for this award or for a period of three years from the date that DEO closes out the CDBG-CV program year(s)
from which the funds were awarded by the U.S. Department of Housing and Urban Development,whichever is later.
The Recipient shall ensure that audit working papers are available upon request for a period of six years from the date .0
of Final Closeout,unless extended in writing by DEO. The record retention period may be extended in the following
circumstances:
1. If any litigation,claim or audit is started before the six-year period expires,and extends beyond the six LL
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year period, the records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time CU
it is acquired shall be retained for six years after final disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on the transfer
of title.
(0 The Recipient shall maintain all records and supporting documentation for the Recipient and for all
subrecipients, contractors, subcontractors, and consultants to be paid from funds provided under this Agreement,
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including documentation of all program costs,in a form sufficient to determine compliance with the requirements and
objectives of the Scope of Work and all other applicable laws and regulations.
(g) The Recipient shall comply with the following procedures:
1. Funds that are advanced to a Recipient pursuant to this Agreement ("Advanced Funds' shall be
maintained in a bank account solely for Advanced Funds. No other funds,whether provided under this Agreement or 2
otherwise, may be maintained in the Advanced Funds account, and Advanced Funds shall not be maintained in any
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other account. U)
2. For all other funds provided under this Agreement, the Recipient shall either (i) maintain all such funds
in a separate bank account solely for such funds,or (ii) the Recipient's accounting system shall have sufficient internal
controls to separately track the expenditure of all such funds. Regardless of whether the Recipient is operating under
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subsection (i) or subsection (ii), any Advanced Funds under this agreement shall be maintained in a separate bank
account specifically for Advanced Funds.
3. There shall be no commingling of any funds provided under this Agreement with any other funds,
projects, or programs. "Commingling" of funds is distinguishable from "blending" of funds, which is specifically
allowed by law. DEO may, in its sole discretion, disallow costs made with commingled funds and require
reimbursement for such costs as described herein,in Subparagraph (19)(e),Repayments of this Agreement.
(h) The Recipient, its employees or agents, including all subrecipients, contractors, subcontractors, and c?
consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of U
Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the
Federal government and their duly authorized representatives. "Reasonable" shall ordinarily mean during normal
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business hours of 8:00 a.m. to 5:00 p.m.,local time,on Monday through Friday. E
(i) The Recipient shall include the aforementioned audit and record keeping requirements in all approved
subrecipient subcontracts and assignments.
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(6) Audit Requirements.
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(a) The Recipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R.
part 200 if it expends $750,000 or more in Federal awards from all sources during its fiscal year.
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(b) The requirements listed in Attachment J,Part IL State Funded,are not applicable to this subgrant agreement,
which is a Federal pass-through award. Q
(c) Within 60 calendar days of the close of the fiscal year, on an annual basis, the Recipient shall electronically U
submit a completed Audit Compliance Certification, a blank version of which is attached hereto as Attachment K, to CN
auditndeo.mvflorida.com. The Recipient's timely submittal of one completed Audit Compliance Certification for each
applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of CU
understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the
Recipient. This form is in addition to the Audit Certification Memo, Form CV-47, that must be sent to DEO if an LO
audit is not required because the local government spent less than $750,000 in Federal funds during the fiscal year.
(d) In addition to the submission requirements listed in Attachment J, the Recipient should send an electronic LL
copy of its audit report or an Audit Certification Memo,Form CV-47,by June 30 following the end of each fiscal year
in which it had an open CDBG-CV subgrant to the grant manager listed in Paragraph (14) Notice and Contact. The
forms referenced in this Agreement are available online at www.Florida obs.ora/CDBGRecipientlnfo or upon request CU
from the grant manager listed in Paragraph (14) Notice and Contact.
(7) Reports.
The Recipient shall provide DEO with all reports and information as set forth in Attachment H. The quarterly and
administrative closeout reports must include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement.
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The Recipient shall provide any additional program updates or information upon request by DEO. If all required reports
and copies are not sent to DEO or are not completed in a manner acceptable to DEO,payments may be withheld until the
reports are properly completed, or DEO may take other action as stated in Paragraph (11) Remedies or otherwise allowable
by law.
(8) Monitoring.
(a) The Recipient shall monitor its performance under this Agreement, including the performance of any -
subrecipients, subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure J4
that the project activities are being accomplished within the specified time periods included in Attachment C -Activity
Work Plan and that other performance goals are being achieved. The Recipient shall perform a review for each function
or activity in Attachment A - Project Description and Deliverables, Attachment B — Project Detail Budget, and
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Attachment C -Activity Work Plan, and shall include the results in the quarterly report.
(b) In addition to reviews of audits conducted in accordance with Paragraph(6)Audit Requirements,monitoring
procedures may include, but are not limited to, on-site visits by DEO staff and limited scope audits. The Recipient
shall comply and cooperate with any monitoring deemed appropriate by DEO. If DEO determines a limited scope <
audit of the Recipient is appropriate,the Recipient shall comply with any additional instructions provided by DEO to
the Recipient regarding such audit. The Recipient shall comply and cooperate with any inspections, reviews,
investigations,audits,or hearings deemed necessary by HUD,the Comptroller General of the United States,the Florida U
Chief Financial Officer,or Auditor General,in accordance with section 20.055(5),Florida Statutes (F.S.),or any Federal
Office of the Inspector General.
(c) DEO shall monitor the Recipient's performance through desk monitorings and on-site monitoring visits. U
The Recipient shall always and contemporaneously maintain at Recipient's work sites and make available to DEO 00
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immediately upon DSO's request all Subgrant's records and documentation,including but not limited to:all Recipient's
consultants'work products produced in contemplation of this Agreement for Recipient's Application and pertinent to 2
this Agreement and its implementation. The Recipient shall supply data and make records available as necessary for ra
DEO staff to complete an accurate evaluation of contracted activities. DEO will issue a monitoring report to the
Recipient after each monitoring event. The Recipient shall reply in writing to any monitoring findings or concerns that
require a response within 45 days of its receipt of DSO's monitoring report. DEO will clear any findings or concernsCL
in writing once the Recipient has successfully addressed them. DEO will reject a Recipient's financial reimbursement JA
request if a required response to a monitoring report is late.
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(9) Liability.
(a) If the Recipient 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 U
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negligence.
(b) The Recipient is solely responsible to the parties it deals with in carrying out the terms of this Agreement,
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and shall hold the State of Florida and DEO harmless against all claims of whatever nature by third parties arising from 0
the work and services performed under this Agreement. For purposes of this Agreement, the Recipient agrees that it
is not an employee or agent of DEO,but is an independent contractor.
(c) If the Recipient is a state agency or subdivision,as defined in section 768.28(2),F.S.,then the Recipient agrees
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to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and ,j
agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28,
F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Recipient if sovereign immunity a
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued CU
by third parties in any matter arising out of any agreement, subrecipient agreement,contract, or subcontract.
(d) The Recipient shall be fully liable for the actions of its agents,employees,partners,or subcontractors and
shall fully indemnify, defend, and hold harmless 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
personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient,
its agents,employees,partners,or subcontractors;provided,however,that Recipient shall not indemnify,defend,and
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hold harmless the State and DEC),and their officers,agents,and employees for that portion of any loss or damages
the negligent act or omission of DEO or the State proximately caused.
(e) Further,Recipient shall fully indemnify,defend, and hold harmless the State and DEO from any suits,
actions,damages,and costs of every name and description,including attorneys'fees,arising from or relating to
violation or infringement of a trademark,copyright,patent,trade secret or intellectual property right;provided,
however,that the foregoing obligation shall not apply to DSO's misuse or modification of Recipient's products or
DSO's operation or use of Recipient's products in a manner not contemplated by this Agreement. If any product is
the subject of an infringement suit, or in Recipient's opinion is likely to become the subject of such a suit,Recipient CL
may, at Recipient's sole expense,procure for DEO the right to continue using the product or to modify it to become
non-infringing. If Recipient is not reasonably able to modify or otherwise secure for DEO the right to continue using
the product,Recipient shall remove the product and refund DEO the amounts paid in excess of a reasonable fee, as 0
determined by DEO in its sole and absolute discretion, for past use. DEO shall not be liable for any royalties.
(f) Recipient's obligations under the two immediately preceding paragraphs above,with respect to any legal
action are contingent upon the State or DEO giving Recipient (1) written notice of any action or threatened action,
(2) the opportunity to take over and settle or defend any such action at Recipient's sole expense,and (3) assistance in
defending the action at Recipient's sole expense. Recipient shall not be liable for any cost,expense, or compromise
incurred or made by the State or DEO in any legal action without Recipient's prior written consent,which shall not
be unreasonably withheld.
(g) The State and DEO may,in addition to other remedies available to them at law or equity and upon notice
to Recipient,retain such monies from amounts due Recipient as may be necessary to satisfy any claim for damages,
penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of
Recipient or its affiliates to the State against any payments due Recipient under any Agreement with the State.
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(10) Events of Default.
If any of the following events occur ("Events of Default',DEO may,in its sole discretion,elect to terminate any obligation CL
to make any further payment of funds, exercise any of the remedies set forth in Paragraph (11) Remedies, or pursue any M
remedy at law or in equity,without limitation. DEO may make payments or partial payments after any Events of Default
without waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in the Recipient's Application for Funding, this �I
Agreement, or any previous agreement with DEO is or becomes false or misleading in any respect, notwithstanding M
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any knowledge on the part of DEO of any untruth of any such representation or warranty, or if the Recipient fails to n
keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with DEO
and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; 0
(b) If any material adverse change occurs in the financial condition of the Recipient at any time during the term
of this Agreement, and the Recipient fails to cure this adverse change within 30 calendar days from the date written LO
notice is sent by DEC); >
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(c) If the Recipient fails to submit any required report,or submits any required report with incorrect,incomplete, CN
or insufficient information,or fails to submit additional information as requested by DEC);or
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(d) If the Recipient has failed to perform, or timely complete, any of its obligations under this Agreement, �y
including attending DSO's Implementation Workshop.
(11) Remedies.
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If an Event of Default occurs, then DEO shall, upon 30 calendar days written notice to the Recipient and upon the
Recipient's failure to cure within those 30 calendar days, exercise any one or more of the following remedies, either
concurrently or consecutively:
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(a) Terminate this Agreement upon 24-hour written notice from the date notice is sent by DEC),in conformity
with Paragraph (14) of this Agreement,Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
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(d) Demand that the Recipient 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; or
(e) Exercise any corrective or remedial actions,including but not limited to:
1. Request additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance;
2. Issue a written warning to advise that more serious measures maybe taken if the situation is not corrected;
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or
3. Advise the Recipient to suspend,discontinue,or refrain from incurring costs for any activities in question.
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(f) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement,or failure to insist
upon strict performance by DEO will not affect,extend,or waive any other right or remedy available to DEO,or affect
the later exercise of the same right or remedy by DEO for any other default by the Recipient.
(12) Dispute Resolution.
Disputes concerning the performance of the Agreement shall be decided by DEO,which shall reduce the decision to writing
and serve a copy on the Recipient. The decision will be final and conclusive unless within 21 days from the date of receipt,
the Recipient files a petition for administrative hearing with DSO's Agency Clerk. DEO's decision on the petition shall be U
final, subject to the Recipient's right to review pursuant to chapter 120, F.S. Exhaustion of administrative remedies is an
absolute condition precedent to the Recipient's ability to pursue any other form of dispute resolution;provided however,
that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in chapter 120,F.S. U
(13) Termination. CL
(a) DEO may suspend or terminate this Agreement for cause upon 24-hour written notice,from the date notice
is sent by DEC). Cause includes,but is not limited to the Recipient's: improper or ineffective use of funds provided ra
under this Agreement;fraud;lack of compliance with any applicable rules,regulations, statutes,executive orders,HUD 2
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guidelines,policies or directives,or laws;failure,for any reason,to timely and/or properly perform any of the Recipient's ic
obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect; and CL
refusal to permit public access to any document,paper,letter,or other material subject to disclosure under law,including
chapter 119,F.S.,as amended. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed
costs.
(b) DEO may terminate this Agreement, in whole or in part, for convenience by providing the Recipient 14- M
days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective LO
date,and,in the case of partial termination,the portion to be terminated. However,if in the case of partial termination, U
DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was CN
made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was
made. The Recipient shall continue to perform any work not terminated. The Recipient shall not be entitled to recover CU
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, agreed upon by the
Parties. The termination must include the effective date of the termination.
(d) If this Agreement is terminated, the Recipient shall not incur new obligations for the terminated portion of Ll-
the Agreement after the Recipient has received the notification of termination. The Recipient shall cancel as many
outstanding obligations as possible. DEO shall disallow all costs incurred after the Recipient's receipt of the termination
notice. The Recipient shall not be relieved of liability to DEO because of any breach of the Agreement by the Recipient. CU
DEO may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the <'
exact amount of damages due DEO from the Recipient is determined.
(e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or
under this Agreement.
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(14) Notice and Contact.
(a) All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery,or first
class, certified mail, return receipt requested, to the representative identified below at the address set forth below or
said notification attached to the original of this Agreement. All notices sent to the grant manager via email shall copy
the CDBG grants management inbox at CDBGGrantsManagement@deo.myflorida.com.
(b) The name and address of the grant manager for this Agreement is:
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Andrea Pelton,Government Operations Consultant III
Florida CDBG-CV Program
Department of Economic Opportunity 0
107 East Madison Street—MSC 400
Tallahassee, Florida 32399-6508
Telephone: (850) 717-8401 —Fax: (850) 922-5609
Email: andrea.pelton(a deo.myflorida.com; CC: CDBGGrantsManagement(a deo.myflorida.com
(c) The name and address of the Recipient Project Contact for this Agreement is:
Jordan Salinger,Project Manager
Monroe County
10600 Aviation Boulevard
Marathon,Florida, 33050 U
Telephone: (305) 570-9156 - Fax: (305) 292-4515
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Email: salinger-jordan@monroecounty-fl.gov
(d) If different representatives or addresses are designated by either Party after execution of this Agreement, W
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notice of the name, title and address of the new representative shall be provided as stated in Paragraph (14) of this
Agreement.
(15) Contracts. CL
(a) If the Recipient contracts any of the work required under this Agreement, a copy of the proposed contract,
and any proposed amendments, extensions, revisions or other changes thereto,must be forwarded to DEO for prior 0
written approval. For each contract, the Recipient shall report to DEO as to whether that contractor, or any
subcontractors hired by the contractor, is a minority business enterprise, as defined in section 288.703, F.S. The
Recipient shall comply with the procurement standards in 2 C.F.R. §200.318 - §200.327 and §200.330 when procuring U
property and services under this Agreement.Any contract shall include the applicable Appendix 11 to 2 C.F.R. part 200 �
contract provisions for non-federal entity contracts. Documentation must also be maintained on-site by the Recipient.
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The Recipient shall include the following conditions in any contract: CU
1. that the contractor is bound by the terms of this Agreement;
2. that the contractor is bound by all applicable State and Federal laws,rules,and regulations;
3. that the contractor shall hold DEO and the Recipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement; LL
4. provisions addressing bid,payment,and performance bonds,if applicable,and liquidated damages. The
Recipient shall document in the quarterly report the contractor's progress in performing its work under this E
Agreement; and
5. the contractor shall include the foregoing provisions in any contract for the performance of any work
contemplated by this Agreement.
(b) For any contract that the Recipient executes for administrative services with a consultant that produced work
products in contemplation of this Agreement for Recipient's Application and pertinent to this Agreement and its
implementation,the Recipient shall include the following conditions:
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1. that all original income survey forms shall be turned over to the Recipient; and
2. that copies of any spreadsheets produced to compile survey results shall be given to the Recipient.
(16) Terms and Conditions.
This Agreement, and the attachments and exhibits hereto, contains all the terms and conditions agreed upon by the Parties
with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those
contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, CL
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either verbal or written,between the Parties.If a court of competent jurisdiction voids or holds unenforceable any provision
of this Agreement,then that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise �
unenforceable,and all other provisions shall remain in full force and effect. This Agreement may be executed in counterparts,
each of which shall be an original and all of which shall constitute one and the same instrument.
(17) Attachments. E
(a) If any inconsistencies or conflict between the language of this Agreement and the attachments 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 Detail Budget (Example) U
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Attachment C—Activity Work Plan (Example)
Attachment D—Program and Special Conditions U
Attachment E—Project Specific Conditions
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Attachment F—State and Federal Statutes,Regulations,and Policies E
Attachment G—Civil Rights Requirements
Attachment H—Reports
Attachment I—Warranties and Representations a�I
Attachment J—Audit Requirements
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Exhibit 1 to Attachment J—Funding Sources
Attachment K—Audit Compliance Certification
Attachment L—CDBG-CV Subrogation Agreement 0
(18) Funding/Consideration. Q
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(a) The funding for this Agreement shall not exceed Two Million Nine Hundred Fifty-Six Thousand Five U
Hundred Thirty-Three Dollars and Fifty-Nine Cents ($2,956,533.59) subject to the availability of funds. The State of C4
Florida and DSO's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature, and subject to any modification in accordance with chapter 216 F.S., or the Florida CU
Constitution.
(b) DEO will provide funds to the Recipient by issuing a Notice of Subgrant Award/Fund Availability("NFA')
through DSO's financial management information system. Each NFA may contain specific terms, conditions, W
assurances,restrictions, or other instructions applicable to the funds provided by the NFA. By accepting funds made
available through an NFA,the Recipient agrees to comply with all terms, conditions, assurances,restrictions, or other r.
instructions listed in the NFA.
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(c) The Recipient hereby certifies to DEO that written administrative procedures,processes,and fiscal controls CU
are in place for the operation of its CDBG-CV program for which the Recipient receives funds from DEC). The written
administrative procedures, processes, and fiscal controls described in this paragraph must, at minimum, comply with
applicable state and federal law,rules,regulations,guidance,and the terms of this Agreement. DEO has included,and
the Recipient shall perform, any necessary special conditions added to Attachment D by DEO, where DSO's grant
manager determined at the site visit that any of the Recipient's procedures were deficient.
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(d) The Recipient shall expend funds only for allowable costs and eligible activities, and in accordance with the
Scope of Work.
(e) The Recipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the
Recipient set forth on the SERA Access Authorization Form, provided by DEO, must approve the submission of
payment requests on behalf of the Recipient.
(f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible CL
activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-CV
funds.
(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 (20)(i),Mandated Conditions, of this Agreement, all obligations on the part of DEO to make any
further payment of funds will terminate, and the Recipient shall submit its administrative closeout report and subgrant
agreement closeout package within 30 calendar days of receiving notice from DEO.
(h) The Recipient is ultimately responsible for the administration of this Agreement, including monitoring and
oversight of any person or entity retained or hired by the Recipient to complete any Project Implementation
Deliverables listed in Attachment B. The Recipient shall send a representative,either an employee or an elected official, te)
to DEO's Implementation Workshop for the funding cycle so that it learns its responsibilities under the Agreement.
DEO shall reimburse the travel costs of the representative in accordance with section 112.061, F.S. Failure to send a
representative to the Implementation Workshop is an Event of Default as set forth in Paragraph(10)of this Agreement, t3
Events of Default. a�
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(19) Repayments.
(a) The Recipient shall only expend funding under this Agreement for allowable costs resulting from obligations
incurred during the Agreement period. The Recipient shall ensure that its subrecipients, contractors, subcontractors,
I
and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred
during the Agreement period. Pursuant to 24 C.F.R. § 570.489(b),the Recipient may request reimbursement for eligible CL
application preparation costs that were listed in the Recipient's Application for Funding.
(b) In accordance with section 215.971, F.S., the Recipient shall refund to DEO any unobligated funds which 0
have been advanced or paid to the Recipient.
(c) The Recipient shall refund to DEO any funds paid in excess of the amount to which the Recipient or its Lo
contractors, subcontractors,or consultants are entitled under the terms and conditions of this Agreement. >
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(d) The Recipient 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 C.F.R. § 570.483(b), (c) and (d);provided however,the Recipient is not required
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to repay funds for subgrant administration unless DEO,in its sole discretion, determines the Recipient is at fault for
the ineligibility of the activity in question.
(e) The Recipient 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 Recipient within 30 calendar days after DEO has
notified the Recipient of such non-compliance. LL
(f) In accordance with section 215.34(2), F.S.,if a check or other draft is returned to DEO for collection, the
Recipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft, CE
whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to CU
the order of"Department of Economic Opportunity"and mailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
107 East Madison Street—MSC 400
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Tallahassee, Florida 32399-6508
(20) Mandated Conditions.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,
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and materials submitted or provided by the Recipient in its Application for Funding, in this Agreement, in any later cu
CL
submission or response to a DEO request, or in any submission or response to fulfill the requirements of this
Agreement. All said information, representations, and materials are incorporated by reference. DEO may terminate
this Agreement upon 24-hours written notice if any information,representation,or material submitted by the Recipient 0
is inaccurate or false.
12
(b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising
r.
out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial.
If any provision of this Agreement conflicts 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, �y
and shall not invalidate,any other provision of this Agreement.
(c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the
term of this Agreement.
d This Agreement may be executed in an number of counterparts, an one of which may be taken as an
( ) g ST ST P ST ST
original.
(e) The Recipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C.
12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (§§ 760.01 — 760.37, F.S.), which prohibit
discrimination by public and private entities on the basis of disability in employment, public accommodations, CL
transportation, state and local government services, and telecommunications.
(f) Pursuant to section 287.133(2)(a), F.S., a person or affiliate, as defined in section 287.133(1), F.S., who has 76
been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal
I
or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may not submit bids, CL
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$35,000 for a period of 36 months following the date of being placed on the convicted vendor W
list. The Recipient warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Recipient A
shall disclose if it or any of its affiliates is placed on the convicted vendor list.
(g) Pursuant to section 287.134(2)(a), F.S., an entity or affiliate, as defined in section 287.134(1),who has been U
placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract to provide any goods or CN
services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction
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or repair of a public building or public work;may not submit bids proposals, or replies on leases of realproperty to a
P P g P � 5 >P P P �s
public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity. The Recipient warrants that
neither it nor any of its affiliates is currently on the discriminatory vendor list. The Recipient shall disclose if it or any
of its affiliates is placed on the discriminatory vendor list. LL
4i
(h) If the Recipient is not a local government or state agency and it receives funds under this Agreement from
the Federal government,the Recipient certifies,to the best of its knowledge and belief,that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a Federal department or agency;
2. Have not,within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under public transaction;violation
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C.16.a
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records,making false statements,or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any offenses enumerated in Subparagraph (20)(h)2.,Mandated Conditions, of
this Agreement;and
4. Have not within a five-year period preceding this Agreement had one or more public transactions
(Federal, State or local) terminated for cause or default. CL
5. If the Recipient is unable to certify to any of the statements in this certification,then the Recipient shall
attach an explanation to this Agreement. In addition, the Recipient shall send a completed Form CV-37,
Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions), to DEO for each contractor, and a completed Form CV-38, Certification Regarding Debarment,
Suspension,Ineligibility,and Voluntary Exclusion (Subcontractor),to DEO for each subcontractor. A completed
Form CV-37 must be received by DEO before the Recipient enters into a contract with the respective contractor,
and a completed Form CV-38 must be received by DEO before a contractor enters into a subcontract with the
respective subcontractor.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061,F.S.,the
rules promulgated thereunder, and 2 C.F.R. § 200.475.
(k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest c?
income shall either be returned to DEO or be applied against DSO's obligation to pay the Agreement award amount.
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(1) The Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with respect
to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to
the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the ra
meetings shall be public records,available to the public in accordance with chapter 119, F.S.
I
(m) The Recipient shall comply with section 519 of Public Law 101-144 and section 906 of Public Law 101-625
by having,or adopting within 90 days of execution of this Agreement, and enforcing,the following: CL
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 0
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 within its jurisdiction.
(n) Upon expiration or termination of this Agreement the Recipient shall transfer to DEO any CDBG-CV funds U
on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-CV cc"44
funds.
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(o) Any real property under Recipient's control that was acquired or improved in whole or in part with CDBG- �y
CV funds (including CDBG-CV 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 expiration or termination of this Agreement,
unless otherwise agreed upon by the Parties, or except as otherwise set forth herein;or LL
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2. If not used to meet a national objective, Recipient 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-CDBG-CV funds
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for the acquisition or improvement of the property,for five years after expiration or termination of this Agreement.
(21) Lobbying Prohibition.
(a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to
influence legislation or any other official action by the Florida Legislature or any state agency.
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(b) The Recipient certifies,by its signature to this Agreement,that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract,grant,loan or cooperative agreement; CL
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,
loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities,"in accordance with its instructions;and
3. The Recipient shall require that this certification be included in the award documents for all subawards E
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 Paragraph (21),above.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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(22) Copyright,Patent, and Trademark.
(a) Any and all patent rights accruing under or in connection with the performance of this agreement are hereby CL
reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this
Agreement are hereby transferred by the Recipient to the State of Florida. U)
76
(b) If the Recipient has a pre-existing patent or copyright,the Recipient shall retain all rights and entitlements to
that pre-existing patent or copyright unless the Agreement provides otherwise. I
(c) If any discovery or invention is developed in the course of or as a result of work or services performed underCL
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this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to DEO for a ?�
determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or
in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, 0
films,or other copyrightable material are produced,the Recipient shall notify DEO. Any copyrights accruing under or
in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida.
(d) Within 30 calendar days of execution of this Agreement,the Recipient shall disclose all intellectual properties U
relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or ol
copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so
disclosed. Failure to disclose will indicate that no such property exists,and DEO shall have the right to all patents and
copyrights which accrue during performance of the Agreement.
(23) Legal Authorization.
(a) The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its
governing body has authorized the execution and acceptance of this Agreement. The Recipient certifies that the
undersigned person has the authority to legally execute and bind the Recipient to the terms of this Agreement. DEO
may, at its discretion, request documentation evidencing the undersigned has authority to bind the Recipient to this
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Agreement as of the date of execution;any such documentation is incorporated herein by reference.
(b) The Recipient warrants that, to the best of its knowledge, there is no pending or threatened action,
proceeding,investigation, or any other legal or financial condition that would in any way prohibit,restrain, or diminish
the Recipient's ability to satisfy its Agreement obligations. The Recipient shall immediately notify DEO in writing if its
ability to perform is compromised in any manner during the term of the Agreement.
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(24) Public Record Responsibilities.
(a) In addition to the Recipient's responsibility to directly respond to each request it receives for records made
or received by the Recipient in conjunction with this Agreement and to provide the applicable public records in response
to such request, the Recipient shall notify DEO of the receipt and content of such request by sending an email to
PRRecluest((ideo.mvflorida.com within one business day from receipt of such request.
(b) The Recipient shall keep and maintain public records,on-site as required by DEO,to perform the Recipient's
responsibilities hereunder. The Recipient shall,upon request from DEO's custodian of 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. The Recipient shall allow
public access to all documents,papers,letters or other materials made or received by the Recipient in conjunction with
this Agreement, unless the records are exempt from section 24(a) of Article I of the State Constitution and section
119.07(1), F.S. For records made or received by the Recipient in conjunction with this Agreement,the Recipient shall
respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for
records that are public records, as public records are defined in section 119.011(2), F.S., the Recipient shall be
responsible for providing such public records per the cost structure provided in chapter 119, F.S., and in accordance
with all other requirements of chapter 119,F.S., or as otherwise provided by law. >
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(c) This Agreement may be terminated by DEO for refusal by the Recipient to comply with Florida's public
records laws or to allow public access to any public record made or received by the Recipient in conjunction with this
Agreement.
(d) If,for purposes of this Agreement,the Recipient is a"contractor" as defined in section 119.0701(1)(a), F.S. CL
("Recipient"), the Recipient shall transfer to DEO, at no cost to DEO, all public records upon completion including cu
termination, of this Agreement, or keep and maintain public records required by DEO to perform the service. If the ra
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Recipient transfers all public records to the public agency upon completion of the Agreement,the Recipient shall destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. -119
If the Recipient keeps and maintains public records upon completion of the Agreement, the Recipient shall meet all CL
applicable requirements for retaining public records. All records stored electronically must be provided to DEO,upon
request from DSO's custodian of public records,in a format that is compatible with the information technology systems 3:
of DEO.
(e) If DEO does not possess a record requested through a public records request,DEO shall notify the Recipient
of the request as soon as practicable, and the Recipient must provide the records to DEO or allow the records to be U
inspected or copied within a reasonable time. If the Recipient does not comply with DEO's request for records,DEO
shall enforce the provisions set forth in this Agreement. A Recipient who fails to provide public records to DEO within
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a reasonable time may be subject to penalties under section 119.10, F.S.
(f) The Recipient shall notify DEO verbally within 24 chronological hours and in writing within 72 chronological
hours if any data in the Recipient's possession related to this Agreement is subpoenaed or improperly used, copied, or
removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. The
Recipient shall cooperate with DEO,in taking all steps as DEO deems advisable,to prevent misuse,regain possession,
or otherwise protect the State's rights and the data subject's privacy.
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(g) The Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S.,relaxing to public
records and that reports,invoices,and other documents the Recipient submits to DEO under this Agreement constitute
public records under Florida Statutes. The Recipient shall cooperate with DEO regarding DSO's efforts to comply
with the requirements of chapter 119, F.S.
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(h) If the Recipient 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 the Recipient 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 Recipient's waiver of a claim of exemption. The Recipient shall
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 Agreement term and following completion of the
Agreement if the Recipient does not transfer the records to DEO upon completion, including termination, of the
Agreement.
(i) IF THE RECIPIENT HAS QUESTIONS REGARDING THE o
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
RECIPIENT'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 I'1ZIZe�O),deo.rnyflorida.corn, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107 East
Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. >
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(j) To the extent allowable by law, the Recipient shall be fully liable for the actions of its agents, employees,
partners, subrecipients, contractors, and subcontractors and shall fully indemnify, defend, and hold harmless the State U
and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and
0
description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), 0-
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alleged to be caused in whole or in part by the Recipient,its agents,employees,partners, subrecipients,contractors, or
subcontractors, provided, however, that the Recipient 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, OF
I
but the not obligation,to enforce this indemnification provision.
(k) DEO does not endorse any Recipient, commodity, or service. No public disclosure or news release L
pertaining to this Agreement shall be made without the prior written approval of DEO. The Recipient is prohibited
from using Agreement information,or DEO customers in sales brochures or other promotions,including press releases, 0
unless prior written approval is obtained from DEO.
(1) The Recipient 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. The Recipient shall amend each of the U
C14
Recipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which
contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the
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Recipient does not comply with this provision. L-y
(25) Employment Eligibility Verification
(a) Section 448.095,F.S. requires the following:
LL
1. Every public employer, contractor, and subcontractor shall register with and use the E-Verify system ,j
a
to verify the work authorization status of all newly hired employees. A public employer, contractor, or
subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-
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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 person is a contract employee
14
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C.16.a
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:
https://www.e-verify.gov/ L
(c) If the Recipient does not use E-Verify, the Recipient shall enroll in the E-Verify system prior to hiring any 6
new employee or retaining any contract employee after the effective date of this Agreement. �
(26) Program Income.
(a) The Recipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.489(e)) generated by
activities carried out with CDBG-CV funds made available under this Agreement as part of the Recipient's Quarterly
Progress Report,Form CV-65. The Recipient shall use program income in accordance with the applicable requirements
of 2 C.F.R. part 200;24 C.F.R. part 570; sections 290.046-290.048,F.S.;chapter 73C-23.0051,F.A.C., and the terms of
this Agreement.
(b) The Recipient shall return all program income generated after closeout to DEO. The Recipient shall return
all program income generated prior to closeout to DEO unless the program income is used to fund additional units of
CDBG-CV activities, specified in a modification to this Agreement,and duly executed prior to administrative closeout.
DEO or the State may require remittance of all or a portion of any balance of a Recipient's program income at the end
of a program year. CL
M
(27) Independent Contractor. M
76
(a) In the Recipient's performance of its duties and responsibilities under this Agreement, it is mutually ass
I
understood and agreed that the Recipient is always acting and performing as an independent contractor. Nothing in -119
this Agreement is intended to or shall be deemed to constitute an employer/employee relationship,partnership or joint CL
venture between the Parties. The Recipient shall always remain an independent contractor with respect to the services
to be performed under this Agreement.
(b) The Recipient,its officers,agents,employees,subcontractors,or assignees,in performance of this Agreement
shall act in the capacity of an independent contractor and not as an ofcer, employee, agent,Joint venturer, or partner Q
of the State of Florida. Nor shall the Recipient represent to others that, as the Recipient,it has the authority to bind >
DEO unless specifically authorized to do so.
(c) Neither the Recipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State
retirement or State leave benefits, or to any other compensation of State employment as a result of performing the CU
duties and obligations of this Agreement.
(d) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be
deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,
joint venturer, or partner of the State of Florida. LL
(e) Unless justified by the Recipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services
of support (eg., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient or its �E
subcontractor or assignee. CU
(f) DEO shall not be responsible for withholding taxes with respect to the Recipient's use of funds under this
Agreement. The Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social
security,workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits
of any kind. The Recipient shall ensure that its employees, subcontractors, and other agents, receive benefits and
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C.16.a
necessary insurance (health,workers' compensation, reemployment assistance benefits) from an employer other than
the State of Florida.
(g) The Recipient, at all times during the Agreement, must comply with the reporting and Reemployment
Assistance contribution payment requirements of chapter 443,F.S.
(28) Executive Order 21-223
Pursuant to State of Florida Executive Order Number 21-223, Recipient shall utilize the U.S. Citizenship and
Immigration Services' Systematic Alien Verification for Entitlements program (known as "SAVE"),or any successor or
similar applicable verification program,to confirm the eligibility of beneficiaries before providing any funds,resources,
0
benefits,or any other thing of value during the Agreement term. Further,Recipient shall include in related subcontracts
a requirement that subcontractors performing work or providing services pursuant to the Agreement utilize SAVE, or 4
any successor or similar applicable verification program,to confirm the eligibility of beneficiaries before providing any
funds,resources,benefits,or any other thing of value during the Agreement term.
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C.16.a
State of Florida
Department of Economic Opportunity
Federally Funded Subgrant Agreement
Signature Page
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Subgrant Contract Number: 22CV-S03 0
FLAIR Contract Number: H2474
IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth above and in all Attachments and �y
Exhibits hereto, the Parties, through their duly-authorized representatives, sign this Agreement and represent and warrant
that they have read and understand the Agreement and Attachments and Exhibits' terms and conditions on the day,month, M
and year set forth below.
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Monroe County Board of County Commissioners Department of Economic Opportunity
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By: Date: By: Date: CL
(Authorized Signature) (Authorized Signature)
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Name: Craig Cates Name: Dane Eagle �I
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Title: Mayor Title: Secretary
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Federal Tax ID#: 59-60000749
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Unique ID #: MLNGLJT67PS3 >
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M NR pE COUNTY AT7011111NNEY' CFFICE
APPROVED A!S TO FORM
„ 4A Approved as to form and legal sufficiency,
" subject only to the full and proper execution 0
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Department of Economic Opportunity
By: cis
Approved Date: <
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C.16.a
Attachment A — Project Description and Deliverables
1. PROJECT DESCRIPTION: The Monroe County ("Recipient") has been selected to participate in the CDBG-CV
Program.The Recipient will use CDBG-CV funds to conduct construction additions to the Rowell Waterfront Park located
at 104550 Overseas Hwy, Key Largo, FL 33037 with the intent of enhancing pre-existing amenities. The additions include
improvements to parking, restrooms, shared use paths, site lighting, and wireless public network infrastructure. The Park
would also serve as a public COVID-19 testing and vaccination location. The improvements would allow for the Park to beCL
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used as a potential drive-through site,which would allow for safer,more efficient testing.The County contributed$246,650 U)
in leverage funds to the project. This project meets the National Objective of Benefit to Low-to Moderate Income Persons
on an Area Basis. 0
2. RECIPIENT RESPONSIBILITIES: The Recipient shall timely perform the Deliverables and Tasks described in 8
4-
Attachment A—Project Description and Deliverables,and in doing so,the Recipient shall comply with all the terms and
conditions of this Agreement. The Recipient shall agree to a written budget ("Project Detail Budget"),subject to the
approval of DEO and in conformity with the current example attached to the Agreement as Attachment B. The Project
Detail Budget must identify the maximum reimbursement amount allowed for the Deliverables and Tasks described in
Attachment A. The Recipient shall also agree to and shall timely perform the activities as specified within an Activity Work
Plan, subject to the approval of DEO and in conformity with the current example attached hereto as Attachment C. The
Project Detail Budget and the Activity Work Plan may be modified by the unilateral determination of DEO or by mutual U
consent of the Parties.
3. DEO'S RESPONSIBILITIES: DEO shall receive and review the Project Deliverables and,upon DEO's U
acceptance of the Deliverables and receipt of the Recipient's pertinent invoices in compliance with the invoice procedures
of this Agreement,DEO shall process payment to the Recipient in accordance with the terms and conditions of this CL
Agreement.
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4. DELIVERABLES:
Recipient agrees to provide the following services as specified: U)
Deliverable No. 1—Project Implementation
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Tasks Minimum Level of Service (to Financial cis
Submit a Request for Consequences
Payment) U
The Recipient shall complete the tasks listed The Recipient shall be reimbursed Failure to perform the CN
below under the Project Implementation upon completion of a minimum of Minimum Level of
section of this Scope of Work. one Project Implementation task on Service shall result inCU
a per completed task basis.The nonpayment for this
Recipient's completion of the tasks deliverable for each
will be evidenced by invoices noting payment request. 0
completed tasks as well as payroll
and other supporting LL
documentation, as applicable.
Deliverable No. 2—Engineering Services
Tasks Minimum Level of Service (to Financial
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Submit a Request for Payment) Consequences
The Recipient shall complete the tasks listed The Recipient shall be reimbursed Failure to perform the
below under the Engineering Services section of upon completion of a minimum of Minimum Level of
this Scope of Work. ten percent (10%) of one Service shall result in
Engineering Services task.The nonpayment for this
Recipient's completion of the tasks
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C.16.a
Attachment A — Project Description and Deliverables
.............................................................................................................................................................................................
shall be evidenced by invoices deliverable for each
noting the percentage of the tasks payment request.
that have been completed.
Deliverable No. 3—Construction
Tasks Minimum Level of Service (to Financial
Submit a Request for Payment) Consequences
The Recipient shall complete construction as Following a draw for mobilization*, Failure to perform the
detailed in Section 1 of this Scope of Work. the Recipient shall be reimbursed Minimum Level of
upon completion of a minimum of Service shall result in
ten percent (10%) of the overall nonpayment for this
project. As evidence of percentage deliverable for each
completed,the Recipient shall payment request.
provide AIA forms G702/G703 or
similar DEO-approved industry-
standard forms, signed by the
contractor and certified by the
engineer performing inspection
services for the project,
documenting the costs for which
reimbursement is being requested, >
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and noting overall percent
completion of the project.
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*Mobilization refers to a contractor's
mobilization of equipment,materials,
and barriers to the work sites .
Total Award Not to Exceed: $2,956,533.59
Project Implementation Deliverable I
Tasks that are eligible for reimbursement under the Project Implementation Deliverable are as follows: CL
• Paid application preparation costs,
• Developed policies for the Recipient related to special conditions listed in this subgrant agreement, 0
• Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in the Recipient's area,
• Conducted activities related to the HUD-related environmental review, Q
• Prepared public notices for publication, U
• Submitted public notices for publication, cv
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• Maintained financial records related to project activities on-site,
• Conducted a Fair Housing activity, CU
• Attended pre-bid conference,bid opening, or preconstruction meeting,
• Reviewed contractor payrolls and interview employees to determine compliance with the Davis-Bacon Act, the
Contract Work Hours and Safety Standards Act,and the Copeland"Anti-kickback"Act,
• Maintained client files, a
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• Attended meetings of the Recipient's local governing body to provide progress reports on subgrant activities, 4,
• Prepared documentation for and attend on-site monitoring visits by DEO,
• Prepared requests for funds for submission by the Recipient's authorized employee,
• Prepared subgrant modification documents for the Recipient to submit to DEO,
• Prepared the Administrative Closeout Report for submission by the Recipient,
• Prepare and submit detailed quarterly progress report,Section 3,or MBE/WBE report to DEO,
• Responded to citizen complaints,
• Prepared responses to monitoring findings and concerns for Recipient to submit to DEO or HUD,
• Paid advertising costs of public notices and invitations to bid,
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C.16.a
Attachment A — Project Description and Deliverables
• Paid permit fees,
• Paid legal fees,
• Paid invoices for environmental review activities other than advertising, and
• Paid CDBG portion of required audit.
Engineering Services Deliverable
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Tasks that are eligible for reimbursement under the Engineering Services Deliverable are as follows:
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• Basic Engineering Services
a) Developed the plan drawings for the project,
b) Developed the specifications for the project,
c) Developed the bid documents for the project,
d) Prepared permit applications,
e) Attended pre-bid/pre-construction conference,
f) Prepared change orders, and
g) Reviewed construction bids and make recommendation to the Recipient.
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• Resident Inspection
a) Inspected construction activities for consistency with plans and specifications, and
b) Reviewed construction invoices and certify costs. U
• Preliminary Engineering Services
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a) Provided a cost estimate of the project,and
b) Assessed sites for the project. U)
76
• Additional Engineering Services
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a) Conducted site surveys for water treatment plants, sewage treatment works, dams,reservoirs, and other similar
special surveys as may be required, such as route surveys, CL
b) Conducted laboratory tests, well tests, borings, and specialized geological soils, hydraulic, or other studies
recommended by the engineer,
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c) Conducted property surveys, detailed description of sites, maps, drawings, or estimates related to them
assistance in negotiating for land and easement rights, +
d) Gathered necessary data and file maps for water rights,
e) Conducted redesigns ordered by the owner after final plans have been accepted by the owner and the local U
government,except redesigns to reduce the project cost to within the funds available and projects which received
"readiness to proceed"points or a planning and design grant,
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f) Appeared before courts or boards on matters of litigation or hearings related to the project,
g) Conducted environment assessments or environmental impact statements,
h) Performed detailed staking necessary for construction of the project in excess of the control staking,
i) Provided an operation and maintenance manual for a facility,
j) Conducted activities required to obtain state and federal regulatory agency construction permits, LL
k) Designed hookups, and
1) Paid the cost of engineering specialties such as electrical; hydro-geological services; biologists; and heating,
ventilation, and air conditioning(HVAC).
5. COST SHIFTING: The deliverable amounts specified within Section 4 of this Scope of Work are established based
on the Parties' estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to
designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to
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C.16.a
Attachment A — Project Description and Deliverables
approve and reimburse allowable costs Recipient incurred providing the deliverables herein. Prior written approval
from DEO's Agreement Manager is required for changes to the above Deliverable amounts that do not exceed 10%
of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will
require a formal written amendment request from Recipient, 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.
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C.16.a
Attachment D — Program and Special Conditions
Program Conditions
1. The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion.
a. Within 120 calendar days of the subgrant award,the Recipient shall complete the following activities:
• Request approval for all professional service contracts; and "
• Submit an initial payment request for administrative services,if applicable. L
b. Within 180 calendar days of the subgrant award,the Recipient shall complete the following activities:
0
• Complete the environmental review and submit the Request for Release of Funds and Certification (form
HUD-7015.15) to DEO for review; and
• Request a wage decision(s) using DEO form CV-56 for applicable construction activities if points were
received on the application for"Readiness to Proceed;"
C. The Recipient shall advertise for its construction procurement within 30 calendar days after receiving its
Authority to Use Grant Funds (form HUD-7015.16) and DSO's written acceptance of the plans and
specifications if Recipient received points for"Readiness to Proceed"on its Application for Funding.
d. If the Recipient did not receive points for "Readiness to Proceed," it must request a wage decision(s) using �?
DEO form CV-56 at least 30 days before advertising for its construction procurement.
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2. The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the budget/activity line items as defined in Attachment B -Project DetailCL
Budget,Attachment A-Project Description and Deliverables,Recipient Responsibilities,and Attachment C-Activity
Work Plan. U)
3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application a�I
preparation costs outlined in the original CDBG-CV Application for Funding submitted to DEO, unless pre-
agreement costs were approved in writing by DEO. CL
4. The Recipient shall not exclude any firm from submitting a bid or proposal for any work funded partially or wholly
with CDBG-CV funds based on a minimum experience requirement. However,a firm's experience can be considered
as an evaluation factor in the ranking for professional services and taken into account in evaluating the
"responsibility"of a firm when determining the "low,responsive,responsible bidder"for services procured through
bids, as required by 2 C.F.R. § 200.319(a). U
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5. CDBG-CV procurement for consultant services and construction activities requires public notice in a newspaper of
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general circulation in the county where the Recipient is located. The public notice shall include the following criteria �y
for the procurement process to meet legal requirements and be approved:
a. If the notice is published in a newspaper that is located in an Office of Management and Budget (OMB)
designated metropolitan statistical area(MSA),only one responsible and responsive bid or proposal is needed
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to complete the procurement process. If the notice is not published in a newspaper that is located in an MSA,
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at least three responsible and responsive bids or proposals must be received by the Recipient to complete the
procurement process;
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b. A Recipient,whose newspaper of general circulation is not located in a MSA, may advertise in both a local
newspaper and a newspaper in a nearby MSA. In this case, only one responsible and responsive bid or
proposal would be needed to complete the procurement process;
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C.16.a
Attachment D — Program and Special Conditions
C. The public notice must be published at least 12 days before the deadline for receipt of the proposals or bids.
For construction activities, the public notice period shall conform to section 255.0525, F.S. regarding the
numbers of days between publishing the notice and bid opening;
d. Nothing in subparagraphs a.,b.,or c.,above shall preclude the Recipient from using additional media to solicit
bids related to procurement of professional services and construction activities;
e. Each public notice for procurement of CDBG-CV professional services, except for application preparation
must identify either the CDBG funding source (CDBG-CV) or the CDBG-CV contract number;
f. In procuring services for subgrant administration,the public notice or the Request for Proposals must include 0
all the criteria that will be used to evaluate and score the proposals. Any firm that assists the Recipient in
developing or drafting criteria used in the Request for Proposals (RFP) shall be excluded from competing for �
the procurement as required by 2 C.F.R. § 200.319;and
g. Any RFP which includes more than one service shall provide the following.
• Proposals may be submitted for one or more of the services;
• Qualifications and proposals shall be separately stated for each service; and
• Separate evaluations shall be done on the proposals for each service. U
If separate procurements result in one firm being selected for both application and administration
services,those services may be combined into one contract provided there are separate scopes of work
and a separate fee for each service. U
6. A written evaluation,such as a ranking sheet or narrative,shall be prepared for each proposal,ranking or comparing 0
each proposal to the criteria in the published RFP.
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7. The Recipient is not required to publish an RFP for subgrant administration if it decides to contract with its
Regional Planning Council to administer the subgrant. a�I
8. A Recipient may use the design engineer for services during construction if DEO determines that the procurement CL
for design services is compliant with 2 C.F.R. �~
part 200 and the RFP specifically included services during construction in the scope of work. 0
9. For construction procurement,if other funding sources will be included in the bid documents,the activities to be
paid for with CDBG-CV funds must be shown separately so that the bid proposal identifies the CDBG-CV
activities and the amount of the contract to be reimbursed with CDBG-CV funding. U
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10. Construction contracts shall be awarded to the low, responsive and responsible bidder. If all bids exceed the r.
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available funds,the Recipient can apply one or more deductive bid alternates to determine the low,responsive and L-y
responsible bidder. The Recipient can reject all bids if they exceed the available funds and republish the notice.
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11. The Recipient shall request approval of all professional services contracts and/or agreements that will be
reimbursed with CDBG-CV funds. Copies of the following procurement documents must be provided to DEO LL
for review:
a. A copy of the Request for Proposals (RFP);
b. A copy of the RFP advertisement,including an affidavit of publication from the newspaper;
C. A list of entities to whom a notification of the RFP was provided by mail or fax (if applicable);
d. Documentation of all efforts to get MBE/WBE firms to submit proposals;
e. For engineering/architecture contracts,a list of firms that submitted a proposal(only if short-listing procedure
was used);
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C.16.a
Attachment D — Program and Special Conditions
f. Completed and signed final evaluation/ranking forms for all firms submitting a proposal and a scoring
summary sheet;
g. A copy of the cost analysis for administrative services procurements,or if multiple responses to the RFP were
received, a copy of the price analysis;
h. A copy of a cost analysis for all procurements of engineering services;
i. A copy of the minutes from the commission/council meeting approving contract award; CL
j. A copy of the proposed contract;
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k. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over$150,000;
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1. If a protest was filed,a copy of the protest and documentation of resolution;
12
m. The Recipient shall request DEO's approval of a single source procurement if only one firm was considered
and the contract exceeds $35,000. The Recipient shall not enter into a contract to be paid with CDBG-CV
funds based on a sole source or single proposal procurement without prior written approval from DEC).
Failure to secure prior written approval shall relieve DEO of any obligation to fund the said procurement zsr
contract or agreement. DEO shall disallow any payments to the Recipient to fund any contract or agreement
based on a sole source or single proposal procurement for which the Recipient has not obtained DEO's
approval; and
n. If a regional planning council or another local government is selected to administer subgrant activities, the U
Recipient shall submit only a copy of the contract or agreement and cost analysis information.
DEO will either approve the procurement or notify the Recipient that the procurement cannot be approved
because it violates State, Federal, or local procurement guidelines.
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The Recipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement
if it will not be procuring any professional services or if it will be using non-CDBG-CV funds to pay for professional M
services. ra
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12. Prior to the obligation or disbursement of any funds,except for administrative expenses not to exceed$5,000,the
Recipient shall complete the following: CL
a. Submit for DEO's approval the documentation required in paragraph 11 above for any professional services
contract. The Recipient proceeds at its own risk if more than the specified amount is incurred before DEO 0
approves the procurement. If DEO does not approve the procurement of a professional services contract,
the local government will not be able to use CDBG-CV funds for that contract.
b. Comply with 24 C.F.R. part 58,and the regulations implementing the National Environmental Policy Act,40 U
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C.F.R. §§ 1500-1508. When the Recipient has completed the environmental review process,it shall submit a
Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form r.
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HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEC). The Recipient shall not �y
commit funds or begin construction before DEO has issued the"Authority to Use Grant Funds."
C. The Recipient shall obtain approval from DEO prior to requesting CDBG funds for engineering activities
and costs which are additional engineering services as defined in rules 73C-23.0031(1)(a)-(1), F.A.C.
13. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. §§ 4601-4655;hereinafter, the "URA'),implementing regulations at 24 C.F.R. part E
42, 49 C.F.R. part 24 and 24 C.F.R. § 570.606(b), the requirements of 24 C.F.R. § 42.325 — 42.350 governing the CU
Residential 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 C.F.R. § 570.606(d),governing optional
relocation assistance policies.
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C.16.a
Attachment D — Program and Special Conditions
If the Recipient undertakes any activity subject to the URA, the Recipient 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 determine whether remedial action may be needed. The Recipient shall provide relocation assistance "
to displaced persons as defined by 24 C.F.R. § 570.606(b)(2), that are displaced as a direct result of acquisition M
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rehabilitation, demolition or conversion for a CDBG-CV-assisted project.
14. For construction projects,the Recipient shall,prior to being reimbursed for more than $15,000 for administrative
ser�Tices, provide to DEO a copy of all engineering specifications and construction plans, if required, for the
activities described in the Agreement. The Recipient shall also furnish DEO, prior to soliciting bids or proposals,
a copy of bid documents for services and/or materials to provide those services and/or materials for construction
activities when the bids are expected to exceed$35,000. Additionally, the Recipient shall not publish any request
for bids for construction purposes or distribute bid packages until DEO has provided its written acceptance of the
engineering specifications,construction plans,and bid documents.
15. For each procured contract for construction services for which CDBG-CV funding will be requested,the Recipient
shall submit the following procurement documents: >
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a. A copy of the bid advertisement,including an affidavit of publication;
b. Documentation of the Recipient's efforts made to inform minority- and woman-owned businesses of the U
opportunity to bid on the construction contract;
C. A copy of the bid tabulation sheet; CL
d. A copy of the engineer's recommendation to award;
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e. A letter requesting sole source approval,if applicable; ra
f. A copy of the bid bond (five percent of the bid price) for the prime contractor(s) selected to do the work GPI
and;
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g. Completed copies of the following forms for all prime contractors and subcontractors: U)
• Form CV-51 —Bidding Information and Contractor Eligibility;
• Form CV-37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters
(Primary Covered Transactions);
• Form CV-52—Section 3 Participation Report (Construction Prime Contractor);
• Form CV-38(if applicable)—Certification Regarding Debarment,Suspension,Ineligibility and Voluntary U
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Exclusion (Subcontractor);
• Form CV-53 (if applicable) —Section 3 Participation Report (Construction Subcontractor),and; CU
• Form CV-54 (if applicable) —Documentation for Business Claiming Section 3 Status
For each procured construction contract or agreement in Housing Rehabilitation projects for which CDBG-CV
funding will be requested, the Recipient shall submit the following procurement documents for all prime LL
contractors and subcontractors:
a. Form CV-37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary
Covered Transactions);
b. Form CV-52—Section 3 Participation Report (Construction Prime Contractor);
C. Form CV-38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion (Subcontractor);and
d. Form CV-53 (if applicable) —Section 3 Participation Report (Construction Subcontractor).
27
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C.16.a
Attachment D — Program and Special Conditions
16. For each procured construction contract or agreement, if a job classification needed to complete a construction
activity is not included in the Davis-Bacon Act wage decision that was previously obtained from DEC), the
Recipient shall request an additional classification using Form CV-57 - Employee/Employer Wage-Scale
Agreement after the construction contract has been awarded.
17. For construction projects, when the Recipient issues the Notice to Proceed to the contractor(s), copies of the
following documents shall be sent to DEO: L
a. Notice to Proceed;
b. The contractor's performance bond (100 percent of the contract price) if the contract exceeds the Simplified
Acquisition Threshold as listed in 2 C.F.R. § 200.1; and
12
C. The contractor's payment bond (100 percent of the contract price) if the contract exceeds the Simplified
Acquisition Threshold as listed in 2 C.F.R. § 200.1.
18. The Recipient shall undertake an activity each year to affirmatively further fair housing pursuant to
24 C.F.R. § 570.487(b).
19. All leveraged funds shall be expended concurrently and,to the extent feasible,proportionately with the expenditure
of CDBG-CV funds for the same activity. The Recipient shall document the expenditure of leveraged funds >
required for the points claimed in the application as it may have been amended through the completeness process
and as reflected on the Project Detail Budget. All funds claimed for leverage shall be expended after the date that
the Authority to Use Grant Funds is issued and prior to Recipient's submission of the administrative closeout U
package for this Agreement,except for the following costs:
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• Eligible administrative, engineering and environmental review costs expended after the site visit but prior to
the date when the Authority to Use Grant Funds is issued,and U)
• The CDBG-CV portion of the cost of post-administrative closeout audits.
I
20. The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation
or replacement with CDBG-CV funds for a period of five years. U)
21. The Recipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements,
acquired with CDBG-CV funds. This restriction shall limit the use of that real property or facility to the use stated
in the subgrant application and that title shall remain in the name of the Recipient. Such deed restriction shall be cam,
made a part of the public records in the Clerk of Court of the county in which the real property is located. Any ,
future disposition of that real property shall be in accordance with 24 C.F.R. § 570.505. Any future change of use U
of real property shall be in accordance with 24 C.F.R. § 570.489(j). CN
22. The Recipient shall comply with the historic preservation requirements of the National Historic Preservation Act
CU
of 1966, as amended,the procedures set forth in 36 C.F.R. part 800, and the Secretary of the Interior's Standards zsr
for Rehabilitation, codified at 36 C.F.R. part 67, and Guidelines for Rehabilitating Historic Buildings.
23. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Recipient shall update and submit Form
HUD 2880 to DEO within 30 calendar days of the Recipient's knowledge of changes in situations which would
require that updates be prepared. The Recipient must disclose:
a. All developers, contractors, consultants, and engineers involved in the application or in the planning, �E
development, or implementation of the project or CDBG-CV-funded activity; andCU
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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.
24. If required, the Recipient shall submit a final Form HUD 2880, to DEO with the Recipient's request for
administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout.
28
Packet Pg. 620
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C.16.a
Attachment D — Program and Special Conditions
25. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. § 570.489(g). Title 24 C.F.R.
§ 570.489(h) shall apply in all conflicts of interest not governed by 24 C.F.R. § 570.489(g), such as those relating to
the acquisition or disposition of real property; CDBG-CV financial assistance to beneficiaries, businesses, or other
third parties; or any other financial interest,whether real or perceived. Additionally,the Recipient agrees to comply
with,and this Agreement is subject to,chapter 112 F.S.
26. Any payment by the Recipient using CDBG-CV funds for acquisition of any property, right-of-way, or easement M
CL
that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 n
shall 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 0
with CDBG-CV funds.
27. The Recipient shall take photographs of all activity locations from multiple angles prior to initiating any r.
construction. As the construction progresses,additional photography shall document the ongoing improvements.
Upon completion of construction,final documentation of the activity locations will be provided to DEO with the
administrative closeout package for this Agreement.
28. 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 accomplished prior to submission of an administrative closeout package and a copy of the certification
shall be submitted with the administrative closeout package.
29. If necessary,the Recipient shall retain sufficient administration funds to ensure internet access,including email,for
the duration of the Agreement,including any time extensions. If the Recipient does not already have a computer C,
designated to the person responsible for grant oversight, which is located in the program office and capable of cu
internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow U)
internet access.
I
Special Conditions CL
1.Anti-Displacement and Relocation Policy—If the County has not adopted an Anti-Displacement and
Relocation Policy by the end of the completeness period,adoption of such a policy within 90 days of contract 0
award will be included as a Special Condition in the County's subgrant agreement.
M
2. Equal Employment Opportunity Policy—If the County has not adopted an Equal Employment Opportunity ,
Policy that includes protections on the basis of genetics by the end of the completeness period, adoption of such U
a policy within 90 days of contract award will be included as a Special Condition in the County's subgrant �
agreement.
3. Citizen Complaint Policy—If the County has not adopted a Citizen Complaint Policy that requires response to Cy
written complaints within 15 days of receipt by the end of the completeness period, adoption of such a policy
within 90 days of contract award will be included as a Special Condition in the County's subgrant agreement.
4.Affirmative Action Plan—If the County has not adopted an Affirmative Action Plan by the end of the a
completeness period, adoption of such a policy within 90 days of contract award will be included as a Special LL
..
Condition in the County's subgrant agreement.
E
5. Section 504/ADA Policy—If the County has not adopted a Section 504/Americans with Disabilities Act Policy
by the end of the completeness period, adoption of such a policy within 90 days of contract award will be CU
included as a Special Condition of the County's subgrant agreement.
29
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C.16.a
Attachment E — Project Specific Conditions for Construction
1. The Recipient must meet a "National Objective" for each service area addressed with CDBG-CV funds. If a
National Objective is not met for a service area, all CDBG-CV funds received for the activities conducted in that
service area must be repaid.
2. If the Recipient installs water lines with CDBG-CV funds for the purpose of fire protection,those lines shall only
be converted to a potable water distribution system if the housing units of all low- and moderate-income families in CL
the service area are hooked up to the potable water system at no cost to low- and moderate-income households.
Hookups must be accomplished prior to or concurrent with conversion of the water lines to a potable water
distribution system.
3. The Recipient is responsible for verifying and maintaining documentation that households receiving direct benefits,
in the form of hookups to potable water and/or sewage collection lines,meet program requirements regarding the
low- and moderate-income National Objective. The Recipient shall maintain homeowner files locally and at a
minimum include the following: �s
a. The name of the owner,the address of the property,and family size;
b. The method and source documentation used to verify household income;
C. Documentation that the income of the household is below Section 8 income limits based on family size;
d. The method and source documentation used to verify home ownership; and
e. If rental property is involved, an acceptable five-year written agreement with the owner(s) related to U
affordability and subsequent rate increases.
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The information must be maintained for review and verification during on-site monitoring visits.
4. The Recipient shall provide the following data in its Administrative Closeout Report for each CDBG-CV-funded
activity:
a. For activities which provide indirect benefits (e.g., road paving, water and sewer improvements, parks, fire
CL
protection),beneficiary data shall be provided for all residents of the households being served. For activities n
that provided direct benefits (e.g., utility hookups, housing rehabilitation, temporary relocation), beneficiary
data shall be provided based solely on the head of household. The number of females and female heads of 0
households,the number of handicapped persons,the number of elderly persons;
b. The number of moderate-income (MI), low-income (LI), and very low-income (VLI) beneficiaries proposed ,
and actually served; U
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C14
C. The name of each head of household, owner's name (if different), and address of each housing unit hooked
up to water or sewer service with CDBG-CV funds,the date the construction was completed on the housing r.
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unit, and the amount of CDBG-CV funds spent on that housing unit;and �y
d. The racial demographics and ethnicity of the head of each household using the following descriptions:
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1) White, 7) Asian and White,
2) African American, 8) African American and White, LL
3) Asian, 9) American Indian/Alaskan Native and African
4) American Indian or Alaskan Native, American,or
5) Native Hawaiian/Pacific Islander, 10) Other Multi-Racial;and
6) American Indian or Alaskan Native and 11) If the head of household is Hispanic
White
30 Packet Pg. 622
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
C.16.a
Attachment E — Project Specific Conditions for Housing Rehabilitation
1. The Recipient shall only provide assistance for the rehabilitation of and/or for the hookup of utilities to housing
units that are occupied by very low-,low-and moderate-income persons to meet the "National Objective"of
providing assistance to low- and moderate-income persons. If a National Objective is not be met for an activity,all
CDBG-CV funds received for the activity must be repaid.
CL
2. The Recipient shall ensure that no rehabilitation contract between a very low-,low-or moderate-income homeowner )
and a contractor is signed before the Authority to Use Grant Funds has been issued and the site specific
environmental review for the home has been approved by DEO. 0
3. For a county Recipient, all housing units that are rehabilitated shall be located in the unincorporated portion of the
county. For a municipal Recipient, all housing units that are rehabilitated shall be located within the jurisdictional
limits of the Recipient.
4. The Recipient must comply with its Housing Assistance Plan (HAP) that was provided to DEO as part of the
application process. DEO approval is required for HAP revisions made after the application deadline. The
Recipient agrees that the HAP will be followed unless waived by the governing body.
U
5. Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors licensed by the
Florida Department of Business&Professional Regulation.All work performed on a septic tank or an issue related U
to a septic tank shall be performed by a licensed septic tank contractor certified by the Florida Department of
Health. CL
6. Rehabilitation of all housing units funded in part or in full with CDBG-CV funds must be in compliance with the U)
current Florida Building Code—Existing Buildings,as well as local building codes and local maintenance codes. If
housing units must be replaced,construction of new units must be in full compliance with current Florida Building I
Code.
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7. The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting in
the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood 0
Disaster Protection Act of 1973, as amended. This documentation must address such things as elevation
requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a 100-year
floodplain that is rehabilitated to any extent with CDBG-CV funds shall be insured under the National Flood U
Insurance Program. The flood insurance must be at least equal to the amount spent on the rehabilitation. CN
Homeowners in a 100-year floodplain that do not maintain flood insurance will be exempt from receiving future
r.
federal disaster related funds per section 582 of the National Flood Insurance Reform Act of 1994,42 U.S.C. 5154a. C
8. When CDBG-CV funds are expended to acquire property through a voluntary process for the purpose of assisting
low- and moderate-income households to relocate out of a 100-year floodplain,the following shall apply:
LL
a. Future development of the property acquired shall be prohibited, unless the use does not increase the
property's impervious surface;
b. The local government may retain title to the property or transfer the title to a land conservancy agency orCU
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program, subject to DEO approval, at DEO sole and absolute discretion;
d
C. The beneficiaries shall agree in writing to relocate permanently outside the 100-year floodplain;
d. Any beneficiaries who subsequently relocate into a 100-year floodplain shall not be provided any direct benefit
with CDBG-CV funds at any future point in time, and this restriction shall be noted in the relocation
document signed by the beneficiaries in subparagraph 8.c., above;and
31 Packet Pg. 623
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C.16.a
Attachment E — Project Specific Conditions for Housing Rehabilitation
e. All structures on the property shall be demolished or relocated out of the floodplain.
9. The Recipient shall adopt and implement procedures to fulfill regulatory and statutory requirements relating to
Lead-Based Paint pursuant to 24 C.F.R. § 570.487 and 24 C.F.R. part 35, Subparts B,J, and R. A Recipient can
request reimbursement from the housing rehabilitation line item of its budget for the cost of a lead-based paint
inspection prior to the home's site specific environmental review being approved because it is part of the
environmental review process. The Recipient is required to:
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a. Prohibit the use of lead-based paint;
b. Notify potential beneficiaries of the hazards of lead-based paint;
C. Inspect properties built before 1978 prior to initiating rehabilitation to determine if lead-based paint is
present;
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d. If lead-based paint is found,undertake appropriate protection of workers and occupants during the
abatement process;
e. Ensure proper lead-based paint clean up and disposal procedures are used;and,
f. Retain records of enforcement and monitoring for at least six years after final closeout of the subgrant.
t3
10. The Recipient shall also adopt and implement procedures to fulfill regulatory and statutory asbestos related
requirements per 40 C.F.R. Part 61, Subpart M (61.145 and 61.150) established by the U.S. Environmental
Protection Agency Clean Air Act Section 112 under the National Emissions Standards for Hazardous Air Pollutant
(NESHAP). A Recipient can request reimbursement from the housing rehabilitation line item of its budget for the
CL
cost of asbestos inspection prior to the home's site specific environmental review being approved because it is part
of the environmental review process. The Florida Department of Environmental Protection (FDEP) administers
M
the asbestos removal program under Chapter 62-257,F.A.C. and requires:
a. Inspection of properties by a licensed inspector for the rehabilitation or demolition of homes in close I
proximity to one another or as part of a larger project;
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b. Notification provided to the appropriate FDEP office of asbestos removal with a notice of demolition or
asbestos renovation within 10 working days before activities begin; and
0
C. Removal of asbestos by a licensed asbestos contractor. ,
11. Mobile homes constructed before 1993 shall not be rehabilitated. If a homeowner of a mobile home constructed >
before 1993 is selected for assistance,the Recipient shall replace the mobile home with either a new site-built home
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or a new mobile home.
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12. Change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or
her representative, the contractor, and a representative of the Recipient prior to initiation of work based on that
change order.
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13. To document completion of construction,each housing unit case file shall contain the following information:
a. A statement from the licensed contractor certifying that all items on the initial work write-up and those
modified through change orders are complete;
b. An acknowledgment that the housing unit meets the applicable local building code and Section 8 Housing
Quality Standards, signed and dated by the local building inspector and the local government's housing
rehabilitation specialist;
C. A copy of the contractor's license;
32 Packet Pg. 624
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C.16.a
Attachment E — Project Specific Conditions for Housing Rehabilitation
d. A signed statement by the housing unit owner or his or her representative that the work has been completed
based on the work write-up and change orders. Should all requirements be fulfilled and the homeowner or
his or her representative refuses to acknowledge completion of the work,the housing unit case file shall be
documented with a statement detailing the stated reason for said refusal; and
e. A 12-month warranty of work and materials from the contractor to the homeowner that begins when the
Certificate of Occupancy or the Certificate of Completion are issued. CL
14. If homes to be rehabilitated with CDBG-CV grant funds will be selected from an existing list of State Housing
Initiatives Partnership (SHIP) applicants rather than a public notice soliciting applications, the homes from the
SHIP applicants list shall be prioritized using the ranking procedure established in the CDBG HAP. The ranking
PP P g g P g
procedure will be reviewed during monitoring and compared to the list of homes rehabilitated.
15. The following data will be provided, by housing unit, as part of the administrative closeout for each activity �y
providing direct benefit (e.g.,housing rehabilitation, temporary relocation, hookups, etc.), summarized by activity
and submitted with the administrative closeout package:
a. Name of each head of household and address of each housing unit rehabilitated with CDBG-CV funds, the U
date the construction was completed on the housing unit, and the amount of CDBG-CV and non-CDBG-
CV funds spent on that housing unit;
U
b. Whether the head of household is female,if the household includes someone who is handicapped or elderly,
the number of handicapped persons in the household,the number of elderly persons in the household, and CL
the moderate-income,low-income or very low-income status of the household;
C. The number of occupants in the household, categorized by gender;and
d. The racial demographics and ethnicity of the head of each household using the following descriptions:
1) White, CL
2) African American,
3) Asian, 0
4) American Indian or Alaskan Native, cis
5) Native Hawaiian/Pacific Islander,
6) American Indian or Alaskan Native and White U
CN
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7) Asian and White,
8) African American and White, CU
9) American Indian/Alaskan Native and African American,or
10) Other Multi-Racial; and
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11) If the head of household is Hispanic
LL
c�
33 Packet Pg. 625
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
C.16.a
Attachment E — Project Specific Conditions for Economic Development
1. This project must meet the "Public Benefit Standards"by having a cost per job (subgrant amount divided by total
full-time equivalent jobs created) of less than $35,000. For each contracted job (See Attachment A — Project
Descriptions and Deliverables.) not created,the Recipient shall repay DEO $35,000.
2. This project must meet a"National Objective"by having at least 51 percent of all jobs created being held by persons
from low- and moderate-income households. If this National Objective is not achieved, the Recipient shall be
CL
required to pay back all CDBG-CV funds drawn down, except for funds expended for subgrant administration U)
unless DEO,in its sole,reasonable discretion,determines the Recipient is at fault for the failure to meet this National
Objective.
3. The Recipient shall enter into a Participating Party Agreement with each Participating Party in accordance with the r.
0
terms of this Agreement. The Recipient shall include in each Participating Party Agreement that the Participating
Party agrees to perform the specific activities described in the Subgrant Application and this Agreement, and each
Participating Party Agreement must include at a minimum the following provisions:
a. The Participating Party shall create and/or retain and satisfactorily document the creation and/or retention of
at least the number of full-time equivalent permanent net new jobs and the number of full-time equivalent
permanent net new jobs to be held by members of low- and moderate-income families as specified on Forms
E-3(if applicable for job retention)and E-4 of the Recipient's Application for Funding,Attachment A—Project
Description and Deliverables of this agreement and on the Project Detail Budget. If more than the number
of full-time equivalent permanent net new jobs specified in Form E-4 of the Recipient's Application for C,
Funding, Attachment A — Project Description and Deliverables of the Subgrant Agreement and on the M
Attachment B - Project Detail Budget are created and/or retained, 51 percent of those jobs shall be made U)
available to members of low- and moderate-income families. These jobs shall be created and/or retained no
later than the termination date of the Recipient's Subgrant Agreement,as it may be amended. Documentation �I
shall be the CDBG-CV Program Pre-Employment Household Income Certification Form, Form CV-50, for CL
each job created or retained, and a certified payroll that verifies that the jobs documented on the forms were
filled at a particular point in time. The documentation of the creation and/or retention of these jobs shall be
retained by the Participating Party for a period of six years following the completion of review and clearance
of a final audit for this Agreement;
b. The Participating Party must comply with Chapter 119,F.S.,for all documents,papers,letters or other materials U
subject to the provisions of Chapter 119, F.S., and made or received by the Participating Party in conjunction �
with the Subgrant Agreement or the Participating Party Agreement. The failure of the Participating Party to
r.
comply with Chapter 119,F.S. is an act of default and cause for the unilateral cancellation of the Participating CU
Party Agreement and the Subgrant Agreement;
C. The Participating Party agrees that any failure to: (i) create, retain, or cause to be created and/or retained the
number of jobs listed in the Recipient's Subgrant Agreement to be held by members of low- and moderate-
income families; (ii) satisfactorily document the creation and/or retention of the agreed upon number of jobs
to be held by members of low- and moderate-income families,or (iii) to expend or satisfactorily document the
expenditure of the full amount of leverage dollars agreed upon in the Recipient's Application is an act of
default;
d. The Participating Party shall provide any training necessary to equip members of low- and moderate-income
families with the skills required to obtain or retain the full-time equivalent jobs created and/or retained through
the Recipient's Subgrant Agreement;
34
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C.16.a
Attachment E — Project Specific Conditions for Economic Development
e. The Participating Party shall expend at a minimum the amount of leverage referenced on Form L-1 of the
Application for Funding and on the Attachment B -Project Detail Budget. The funds must be expended on
project related costs, and the Participating Party shall furnish documentation of expenditures. Construction
costs shall not be expended until after DEO issues the Authority to Use Grant Funds,but administrative and
engineering costs,including costs for conducting the environmental review,can be expended after the site visit.
This documentation shall be provided to the Recipient in a form and content satisfactory to DEO that allows
accurate ready comparison between expenditures and related activities as defined on Form L-1 of the
Application for Funding. This documentation shall be provided to the Recipient as the expenditures occur;
f. The Participating Party shall ensure that one or more buildings are constructed which shall accommodate,at a
minimum,the facility described in the Subgrant Application(the"Participating Party Facility"). The building(s)
shall remain titled in the name of the Participating Party until all requirements in paragraph 3a. above have
been satisfied;
g. The Participating Party shall develop a schedule which identifies the start date for construction of its facilities;
the dates by which such construction will be 25 percent,50 percent,75 percent,and 100 percent complete;the
date that hiring of employees will begin; and the date by which all employees will be hired,which shall be on >
or before the termination date of this Agreement. These same Participating Party milestones shall be made an
attachment to the Participating Party Agreement,and shall be included in the Activity Work Plan,Attachment
C to this Agreement. Timely satisfaction of these milestones shall be used in determining whether the Recipient U
is "on schedule"under this Agreement; 0
h. Participating Party attests that the assisted activity )villl)grill not result in the relocation of any industrial or
commercial plant,facility,or operation from one Labor Market Area(LMA) to another,and,if so,the number ra
of jobs that will be relocated from each LMA;
I
(i) The Participating Party certifies from that neither it,nor any of its subsidiaries,have plans to relocate jobs
CL
at the time this agreement is signed that would result in a significant loss of job(s) as defined in 24 C.F.R.
570.482(h);
0
(ii) The Participating Party agrees to reimburse the Recipient any CDBG-CV assistance provided to, or
expended on behalf of,the Participating Party,in the event that such assistance results in the relocation Q
of jobs as prohibited under 24 C.F.R. § 570.482(h).
U
i. The Participating Party shall submit a detailed quarterly report to the Recipient that demonstrates its progress CN
toward achieving the milestones set forth in the Participating Party Activity Work Plan. The Participating Party r.
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shall deliver each report to the Recipient no later than the end of each quarter, until submission of the �y
administrative closeout report by the Recipient. The ending dates for each quarter of the program year are
LO
March 30,June 30, September 30 and December 31;
j. The Participating Party shall notify the Recipient in writing when it begins hiring for the required jobs and
when it has completed hiring for the required jobs;
E
k. The Participating Party, if requested by the Recipient, shall provide to the Recipient or its agents such U
reasonable information concerning the project as the Recipient may reasonably require as it relates specifically
to the conditions of the grant;
35
Packet Pg. 627
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C.16.a
Attachment E — Project Specific Conditions for Economic Development
1. That the Participating Party shall begin construction and furnish to the Recipient evidence of the Participating
Party's commencement of construction on the Participating Party Facility within the time frame specified in
the Participating Party Schedule;
m. That prior to execution of the Participating Party Agreement, DEO must approve the Participating Party
Agreement,including any amendments thereto,in writing. The right of approval granted to DEO with respect CL
to the Participating Party Agreement between the Recipient and the Participating Party shall survive the term
of this Agreement. DEO does not assume any liability or responsibility for the accuracy or enforceability of
the Participating Party Agreement through the exercise of this right of approval;
n. The Participating Party Agreement shall not expire until the issuance of a letter of Administrative Closeout of
this Agreement;however,all required job creation must be completed and documented by the termination date
of this Agreement. Extension of the Subgrant Agreement shall act as an extension of the Participating Party
Agreement. Failure of the Recipient to notify the Participating Party of such an extension shall not invalidate
this provision;
o. The Participating Party shall utilize the service of the local workforce development board and/or advertise the U
newly created employment positions in one or more of the local newspapers that serve the city/county.
4. The Recipient shall track all new jobs created as a direct result of the construction and availability of the infrastructure U
paid for with CDBG-CV funds. New businesses that would otherwise not be able to locate to the project site and
CL
existing businesses that are now able to expand or create new jobs because of the availability of infrastructure being
M
proVided through this Agreement must agree to pro�Tide such information as a condition of hookups and building
permits. The aggregate of all jobs created or retained as a result of the infrastructure shall be counted to ensure that
51 percent of all new full-time equivalent jobs are taken by or made available to low and moderate-income persons. a�I
Tracking and retention of said job creation shall continue until a cost per job of under$10,000 is reached or one (1)
year following the completion of the CDBG-CV funded infrastructure,whichever comes first. L
5. The Recipient shall maintain records of the Participating Party's expenditure of funds that will allow accurate and 0
ready comparison between the expenditures and contracted budget line items by contracted activity in the Attachment �
B -Project Detail Budget.
U
6. The Recipient may seek reimbursement for application preparation costs incurred prior to the date of the Agreement CN
provided the costs were requested in the Application for Funding and the required documentation was provided.
r.
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Should this Agreement not be executed by DEC), or should the procurement process be subsequently determined .0
not to meet program requirements,no reimbursement shall be allowed.
7. The Recipient shall ensure the design and construction of only the minimum acceptable level of infrastructure to LL
provide the required levels of service for the on-going operations of the Participating Party in the project area. The r.
Recipient shall demonstrate that the route chosen for construction of said infrastructure (when appropriate) is the
least expensive of the available alternative routes. Documentation of the satisfaction of this requirement shall be inCU
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the form of a certification from a licensed engineer,bearing said engineer's seal. <
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C.16.a
Attachment F — State and Federal Statutes, Regulations, and Policies
The Recipient agrees to, and, by signing this Agreement, certifies that,it will comply with the requirements of 24 C.F.R.
part 570, subpart I, and § 570.200(j) and § 570.606 (HUD regulations concerning State Community Development Block
Grant Programs). The Recipient also agrees to use funds available under this Agreement to supplement rather than
supplant funds otherwise available. The Recipient further agrees to comply with all other applicable Federal, State and
local laws, regulations, and policies governing the funds provided under this Agreement,including, but not limited to the
following:
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1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. U)
part 200); 6
2. Florida Small Cities Community Development Block Grant Program Act (§§ 290.0401-290.048,F.S.); �
3. Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23, F.A.C.);
4. Title I of the Housing and Community Development Act of 1974,as amended (42 U.S.C. §§ 5301-5321);
5. Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R. part 205);
6. Community Planning Act (§ 163.3164, F.S.); E
7. Florida Small and Minority Business Assistance Act (§§ 288.703-288.706,F.S.);
8. CDBG Technical Memoranda(https://www.hudexcharige.info/commutiity-developmerit/cdbL-memoranda/);
9. Applicable HUD Community Planning and Development Notices (https://www.hudexchaciL�e.info/mauiage-a-
o.�oaram/cpd-no tic es);
10. Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507); >
11. Environmental Review Procedures for Entities Assuming HUD Responsibilities (24 C.F.R. part 58); U
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12. Environmental Criteria and Standards (24 C.F.R.part 51);
13. Flood Disaster Protection Act of 1973,as amended(42 U.S.C. §§ 4001-4129),Floodplain Management and Protection U
of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990 (Protection of
Wetlands); CL
14. National Environmental Policy Act of 1969,as amended (42 U.S.C. §§ 4321-4370h) and other provisions of law which E
further the purpose of this act; U)
15. National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301-320303), Protection of Historic �
Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act;
I
16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C.
312501-312508); CL
17. Coastal Zone Protection Act of 1985 (§§ 161.52-161.58,F.S.);
18. Safe Drinking Water Act of 1974,as amended(42 U.S.C. §§ 300f, et seq.);
19. Federal Water Pollution Control Act of 1972, as amended(33 U.S.C. §§ 1251-1387); a0
20. Davis—Bacon Act of 1931,as amended (40 U.S.C. §§ 3141-3148) and Labor Standards Provisions of 29 C.F.R. part 5;
21. Contract Work Hours and Safety Standards Act of 1962,as amended(40 U.S.C. §§ 3701-3708);
22. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 U
(42 U.S.C. §§ 6901-6992k);
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23. Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157) and the Uniform Accessibility Standards,as applicable;
24. Federal Fair Labor Standards Act of 1938,as amended(29 U.S.C. §§ 201-219); CU
25. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), and the
applicable rules for Federal and Federally-Assisted Programs at 49 C.F.R. part 24;
26. Copeland"Anti-Kickback"Act(18 U.S.C. � 874);
27. Hatch Act of 1939, as amended(5 U.S.C. §§ 1501-1508);
28. 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 the applicable implementing regulations at 24 C.F.R.part 35 and
24 C.F.R. part 570, subparts A,B,J,K, and R; E
29. Section 102 of HUD Reform Act of 1989 (42 U.S.C. § 3545) and HUD Reform Act regulations at 24 C.F.R. part 4;
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30. False Claims Act (31 U.S.C. §§ 3729-3733);
31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R. part 247);
32. Clean Air Act (42 U.S.C. §§ 7401-7671q.), and National Primary and Secondary Ambient Air Quality Standards
(40 C.F.R. part 50); and
33. Whistleblower Protection enacted by Section 828 of P.L. 112-239 and permanently extended under P.L 114-261.
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C.16.a
Attachment F — State and Federal Statutes, Regulations, and Policies
34. FR-6218-N-01: Notice of Program Rules,Waivers, and Alternative Requirements Under the CARES Act for CDBG-
CV Grants,FY 2019 and 2020 CDBG Grants,and Other Formula Programs.
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C.16.a
Attachment G — Civil Rights Requirements
Fair Housing
As a condition for the receipt of CDBG-CV funds,each Recipient must certify that it will"affirmatively further
fair housing"in its community. The Recipient shall demonstrate its commitment to affirmatively further fair housing
by implementing the actions listed below.
Each Recipient shall do the following:
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1) Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color,
familial status,handicap,national origin,religion,and sex);
2) Designate an employee as the Fair Housing Coordinator who is available during regular business hours to 0
receive fair housing calls;
3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation
in the Recipient's jurisdiction so that people know who to call to ask fair housing questions or register a
complaint. Alternatively,the Recipient can post the coordinator's contact information throughout the year
on the Recipient's website;
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4) Establish a system to record the following for each fair housing call:
a) The nature of the call,
b) The actions taken in response to the call,
c) The results of the actions taken,and
d) If the caller was referred to another agency,the results obtained by the referral agency; U
5) Conduct at least one fair housing activity each year; and
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6) Display a fair housing poster in the CDBG Office. (This does not count as a fair housing activity.)
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The Recipient 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 help the community do the following: I
• Define where discriminatory practices are occurring, CL
• Help the community measure the effectiveness of its outreach efforts,and
• Provide the community with a means to gain information that can be used to design and implement 0
strategies that will eliminate fair housing impediments.
Examples of fair housing activities include the following: ,
• Making fair housing presentations at schools, civic clubs,and neighborhood association meetings; �
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• Conducting a fair housing poster contest or an essay contest;
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• Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard �s
sales, and church festivals;and
• Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company
employees,insurance agents,and apartment complex owners.
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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.
The Recipient shall document its fair housing activities by keeping photographs,newspaper articles,sign-in sheets
and copies of handouts in their CDBG-CV project file and include information about the activities in the comment
section of the quarterly report during which the activity was undertaken.
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C.16.a
Attachment G — Civil Rights Requirements
Equal Employment Opportunity
As a condition for the receipt of CDBG-CV funds, each Recipient must certify that it and the contractors,
subcontractors,subrecipients and consultants that it hires with CDBG-CV funds will abide by the Equal Employment
Opportunity(EEO)Laws of the United States. The Recipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Each Recipient shall do the following:
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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 0
consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment, on the basis of race, color,religion, 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
Recipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint.
Alternatively, the Recipient can post the coordinator's contact information throughout the year on the
Recipient's website;and
4) Establish a system to record the following for each EEO call: U
a) The nature of the call,
b) The actions taken in response to the call, and CL
c) The results of the actions taken; M
Each Recipient shall maintain a list of certified minority-owned business enterprises (MBE) and women-owned �y
business enterprises (WBE) that operate in its region. The Recipient shall use this list to solicit companies to bid on
I
CDBG-CV-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when
it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority CL
and women-owned businesses that can be used to develop a local MBE/WBE list at the following website:
https://osd.dms.mvflorida.com/directories.
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Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of CDBG-CV funds, the Recipient must certify that it provides access to all U
federally funded activities to all individuals,regardless of handicap. The Recipient shall demonstrate its commitment �
to abide by the laws through the actions listed below.
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The Recipient shall do the following:
1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who:
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a) Has a physical or mental impairment which substantially limits one or more major life activities;
b) Has a record of such an impairment; or LL
c) Is regarded as having such an impairment.
2) Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours
to receive Section 504/ADA calls;
3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general
circulation in the Recipient's jurisdiction so that people know who to call to ask Section 504/ADA questions
or register a complaint. Alternatively, the Recipient can post the coordinator's contact information
throughout the year on the Recipient's website; and
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Attachment G — Civil Rights Requirements
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
c) The results of the actions taken.
Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability, accessibility,
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delivery, employment, and the administrative activities and responsibilities of organizations receiving Federal financial n
assistance. A recipient of Federal financial assistance may not,on the basis of disability:
0
• Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs,
0
services, or other benefits,
• Deny access to programs, services,benefits or opportunities to participate as a result of physical barriers,or
• Deny employment opportunities,including hiring,promotion,training,and fringe benefits,for which they are
otherwise entitled or qualified.
The ADA regulations (Title II, 28 C.F.R. part 35, and Title III, 28 C.F.R. part 36) prohibit discrimination on the
basis of disability in employment, State and local government, public accommodations, commercial facilities, >
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transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship
or association with an individual with a disability.
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Title II covers all activities of state and local governments regardless of the government entity's size or receipt of .,
Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to CL
benefit from all their programs, services, and activities (e.g. public education, employment, transportation, recreation,
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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 I
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. o
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 U
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services provided by private entities are also covered by Title III. CN
Section 3 - Economic Opportunities for Low- and Very Low-Income Persons
Each Recipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job
openings that exist on CDBG-CV-funded projects in the community. The Recipient and its contractors shall keep records
to document the number of low- and moderate-income people who are hired to work on CDBG-CV-funded 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.
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The following Section 3 clause is required to be included in any contracts and subcontracts funded by this
Agreement:
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Attachment G — Civil Rights Requirements
Section 3 Required Language
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. § 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. M
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B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R.part 75,which implements 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.
0
C. 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 for training and employment positions �y
can see the notice. The notice shall describe the section 3 preference,shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in
24 C.F.R. 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 C.F.R. U
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 C.F.R. part 75. C,
E. The contractor will certify that any vacant employment ositions including training positions,that are filled 1 after
5 5P g gP ( )
the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 C.F.R. part 75 require employment opportunities to be directed,were not filled to circumvent the
contractor's obligations under 24 C.F.R. part 75. -119
F. Noncompliance with HUD's regulations in 24 C.F.R. part 75 may result in sanctions, termination of this contract U)
for default,and debarment or suspension from future HUD assisted contracts.
G. Contracts and subcontracts subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act o
(25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American M
Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, 9
training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the U
requirements of Section 3. N
Whistleblower Protection
The following clause,is required to be included in all federally funded subawards and contracts over the simplified
acquisition threshold:
Pursuant to Section 828 of Pub.L 112-239,"National Defense Authorization Act for Fiscal Year 2013"and permanently
extended through the enactment of Pub. L 114-261 (December 14, 2016), this award, related subawards, and related U_
contracts over the simplified acquisition threshold and all employees working on this award,related subawards,and related
contracts over the simplified acquisition threshold are subject to the whistleblower right and remedies established at 41 �E
U.S.C. § 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition
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threshold related to this award,shall inform their employees,in writing,in the predominant language of the workforce,of
the employee whistleblower rights and protections under 41 U.S.C. § 4712. This clause shall be inserted in all subawards
and in contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this
clause in any subawards and contracts awarded prior to the effective date of this provision.
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C.16.a
Attachment G — Civil Rights Requirements
Civil Rights Regulations
As a condition for the receipt of CDBG-CV funds, each Recipient must certify that it will abide by the following Federal
laws and regulations:
1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal
funding; CL
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); L_
4. 24 C.F.R. § 570.487(b) —Affirmatively Furthering Fair Housing;
5. 24 C.F.R. § 570.490(b) —Unit of general local government's record;
6. 24 C.F.R. § 570.606(b) —Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively
Furthering Fair Housing; >
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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-
CV funds because of race, color,religion, sex or national origin; U
10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. part 8, which prohibits discrimination against people 0
with disabilities; E
11. Executive Order 11063—Equal Opportunity in Housing; W
12. Executive Order 11246—Equal Employment Opportunity; and
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13. Section 3 of the Housing and Urban Development Act of 1968,as amended—Economic Opportunities for low-and
very low-income persons. CL
I hereby certify that the Monroe County, Florida, shall comply with all the provisions and Federal regulations listed in this
attachment.
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By: Date:
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Name: Craig Cates
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Title: Mayor
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ONROE CIOUNTY ATFTOrRN EY'S CWF E ass
APPROVED A!S TO FORM E
�....,
STA NT COUNTY ATTORNEY
DATjE: jj.18-?m?
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C.16.a
Attachment H — Reports
The following reports must be completed and submitted to DEO in the time frame indicated. Failure
to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this
Agreement.
1. A Quarterly Progress Report, Form SC-65,must be submitted to DEO 15 calendar days after the end of each
quarter. The reports are due by the following dates: April 15,July 15,October 15 and January 15.The quarterly M
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report shall include: a summary of work performed during the reporting period; photographs taken to date; a U)
percent of work completed for each task;a summary of expenditures since the effective date;and a summary of
any issues or events occurring which affect the ability of the Recipient to meet the terms of this Agreement. 0
2. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
http://www.flrules.ore:/Gatewav/refererice.asp?No=Ref-05360; which is incorporated herein by reference,
must be submitted by April 15 and October 15 each year through the DSO's SERA reporting system at
https://deosera.mv.salesforce.com/. The form must reflect all contractual activity for the period, including
Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during
the reporting period,the form must indicate "no activity".
3. The Administrative Closeout Report, Form SC-62,must be submitted to DEO within 45 calendar days of the
Agreement end date or within 45 days of the completion of all activities. The Recipient must provide all
applicable information requested on the closeout report form. The Administrative Closeout Report cannot be U
submitted to DEO before the Recipient has submitted its Final Request for Funds.
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Recipients of an Economic Development agreement shall not submit an administrative closeout package until
the cost per job is less than $10,000 or until one year after the date that all CDBG-CV-funded activities were
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completed,whichever comes first. r
The following documentation shall be provided with the Administrative Closeout Report:
a. Certification that all project activities have been completed,inspected and approved by all parties prior to CL
the subgrant end date and submission of the closeout report;
b. Documentation of any leverage expended after the last on-site monitoring visit; 0
C. Documentation of fair housing activities conducted after the last on-site monitoring visit;
d. Documentation that all citizen complaints related to the project have been resolved; >
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e. A list of the homes receiving direct benefit,if applicable;and, C°"
f. Certification that each housing unit assisted was located within the Recipient's jurisdictional boundaries for
Housing Rehabilitation subgrants.
g. For housing rehabilitation projects,documentation that all homeowners have signed forms stating that they
have accepted the improvements.
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h. Copies of all remaining pre-construction, construction and post-construction photographs of all CDBG-
CV-funded activities submitted as Jpeg or .tiff files not previously submitted with quarterly reports.
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4. In accordance with 2 C.F.R. part 200, should the Recipient meet the threshold for submission of a single or
program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200, and submitted to
DEO no later than nine months from the end of the Recipient's fiscal year. If the Recipient did not meet the
audit threshold, an Audit Certification Memo, Form SC-47, must be provided to DEO no later than nine
months from the end of the Recipient's fiscal year.
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C.16.a
Attachment H — Reports
5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to
audit�a)deo.myflorida.com within 60 calendar days of the end of each fiscal year in which this subgrant was open.
6. Section 3 Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with
24 C.F.R. § 75.25(a). Subrecipients must report the following. (i) the total number of labor hours worked; (ii) the "
total number of labor hours worked by Section 3 workers; and (iii) the total number of labor hours worked by
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Targeted Section 3 workers. If Section 3 benchmarks are not met, the subrecipient's qualitative efforts must be U)
reported in a manner required by 24 C.F.R. § 75.25(b).
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Section 3 compliance efforts must be reported through DSO's SERA reporting system by July 31,annually.DEO
maintains a Section 3 Summary Report form which must be used to report annual accomplishments regarding
employment, labor hours worked, and other economic opportunities provided to persons and businesses that
meet"Section 3"requirements. E
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7. Requests for Funds payment requests must be submitted in accordance with the timelines included on �y
Attachment C-Activity Work Plan. DEO will not reimburse a payment request for less than $5,000 unless it is
the final payment request. Each payment request must include an invoice from the Recipient to DEO and copies
of all invoices that the Recipient received from its consultants for services rendered and the documentation listed >
below. The invoices must document that the Recipient and each consultant/contractor met the Minimum Level
of Service listed on the Deliverables page of Attachment A.
U
For each Commercial Revitalization, Economic Development and Neighborhood Revitalization payment
request that includes reimbursement of construction costs, the Recipient shall provide a copy of the American
Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form
approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation
Sheet, or a comparable form approved by DEO. The Recipient shall, at a minimum, submit reimbursement
requests upon completing 20 40 60 80 and 100 percent of the project (or 25 50 75 and 100 percent of the
project if so listed on Attachment C—Activity Work Plan). CL
For each Housing Rehabilitation payment request that includes construction costs,the Recipient shall provide a
co of AIA form G702 or a comparable forma roved b r DEO if applicable, signed b r the contractor and
PY P PP 5 PP �' S
the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by
DEO,if applicable. For homes being rehabilitated and site-built demolition/replacement houses,the Recipient
shall, at a minimum, request reimbursement upon completion of each 20 percent of the work. For U
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demo/replacement involving a new mobile home, the Recipient shall request reimbursement as soon as the
mobile home is installed and the invoice received.
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If the Recipient needs to remit funds to DEO,including reimbursement of subgrant funds,program income or
interest income paid with CDBG-CV funds (collectively "reimbursements"), Recipient shall submit such
reimbursements concurrently with a copy of the Return of Funds Form, CV-68.
8. All forms referenced herein are available online at www.Florida obs.ora/CDBGRecipieritlrifo or upon request
from the DEO grant manager for this Agreement.
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C.16.a
Attachment I — Warranties and Representations
Financial Management
The Recipient's financial management system must comply with the provisions of 2 C.F.R. part 200, section
218.33, F.S., and the rules promulgated thereunder. Recipient's financial management system shall include the
following:
(1) Accurate,current and complete disclosure of the financial results of this project or program. CL
(2) Records that identify the source and use of funds for all activities. These records shall contain information
pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and �
interest.
(3) Effective control over and accountability for all funds, property and other assets. The Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each payment request. Whenever appropriate,
financial information should be related to performance and unit cost data. �y
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2
C.F.R. part 200 and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation. >
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Competition
All procurement transactions must follow the provisions of 2 C.F.R. §§ 200.318-200.327 and be conducted in a U
manner providing full and open competition. The Recipient shall be alert to conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In CL
order to ensure objective contractor performance and eliminate unfair competitive advantage,contractors that develop
or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be U)
excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or
offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. .21
Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer
to be evaluated by the Recipient. All bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
0
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged ,
in the award and administration of contracts. No employee,officer,or agent shall participate in the selection, award, Q
or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. >
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family,his or CN
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her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or
other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and
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agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied
for violations of the standards by officers,employees, or agents of the Recipient. (See 2 C.F.R. §200.318(c)(1).)
Business Hours LL
The Recipient shall have its offices open for business,with the entrance door open to the public,and at least one
employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, E
but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. M
Licensing and Permitting
All contractors or employees hired by the Recipient shall have all current licenses and permits required for all the
particular work for which they are hired by the Recipient.
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C.16.a
Attachment J — Audit Requirements
The administration of resources awarded by DEO to the Recipient may be subject to audits and/or monitoring by
DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 C.F.R. part 200 subpart F (Audit Requirements) and CL
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 C.F.R. part 200,as revised,and/or other procedures. By
entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the
Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEO staff to
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews,investigations,or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
t3
This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in
2 C.F.R. part 200,as revised.
t3
1. In the event that the Recipient expends $750,000 or more in federal awards in its fiscal year, the Recipient
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must have a single or program-specific audit conducted in accordance with the provisions of 2 C.F.R. 200
Subpart F (Audit Requirements),as revised. In determining the federal awards expended in its fiscal year,the
Recipient shall consider all sources of federal awards,including federal resources received from DEO. The
determination of amounts of federal awards expended should be in accordance with the guidelines established
by 2 C.F.R. part 200 subpart F (Audit Requirements),as revised. An audit of the Recipient conducted by the -119
Auditor General in accordance with the provisions of 2 C.F.R. part 200 subpart F (Audit Requirements), as CL
revised,will meet the requirements of this part. ?�
2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements), ,
as revised.
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3. If the Recipient expends less than $750,000 in federal awards in its fiscal year, an audit conducted in �
accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised,is not required.
In the event that the Recipient expends less than $750,000 in federal awards in its fiscal year and elects to CU
have an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements),
as revised,the cost of the audit must be paid from non-federal resources (i.e.,the cost of such an audit must
be paid from Recipient resources obtained from other than federal entities).
4. Although 2 C.F.R. part 200 subpart F (Audit Requirements) does not apply to commercial (for-profit) LL
organizations, the pass-through entity has an obligation to ensure that for-profit subrecipients that expend
$750,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. 200.501(h)).
Additionally, for-profit entities may be subject to certain specific audit requirements of individual federal
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grantor agencies.
Additional Federal Single Audit Act resources can be found at:
hops://h trvester.cerisus.gov/facNveb/Resources.aspx
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Attachment J — Audit Requirements
PART II: STATE FUNDED
This part is applicable if the Recipient is a non-state entity as defined by section 215.97(2), F.S.
1. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of$750,000 "
in any fiscal year of such Recipient,the Recipient must have a State single or project-specific audit for such fiscal
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year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and W
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall �
consider all sources of state financial assistance, including state financial assistance received from DEO, other
state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-
through awards and resources received by a non-state entity for federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure that the
audit complies with the requirements of section 215.97(8),F.S. This includes submission of a financial reporting zsr
package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in >
U
accordance with the provisions of section 215.97, F.S.,is not required. In the event that the Recipient 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 non-state entity's resources U
(i.e.,the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities).
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Additional information regarding the Florida Single Audit Act can be found at:
htt_s://aT)ps.fldfs.com/fsaa/ U)
PART III: OTHER AUDIT REQUIREMENTS I
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity CL
that are solely a matter of that State awarding entity's policy (i.e.,the audit is not required by Federal or State
laws and is not in conflict with other Federal or State audit requirements). Pursuant to section 215.97(8),F.S.,
State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits
conducted in accordance with section 215.97,F.S. In such an event,the State awarding agency must arrange ,
for funding the full cost of such additional audits.)
N/A
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PART IV: REPORT SUBMISSION
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1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in
accordance with 2 C.F.R. part 200 subpart F (Audit Requirements), as revised, and required by PART I of this
Exhibit Agreement shall be submitted by or on behalf of the Recipient directly to each of the following at the
address indicated:
A. Department of Economic Opportunity
Financial Monitoring and Accountability (FMA)
The copy submitted to the FMA section should be sent via email to: FMA-RWB(a�deo.mvflorida.com
B. The Federal Audit Clearinghouse designated in 2 C.F.R.part 200 subpart F (Audit Requirements),as revised,
electronically at: https://hu�rester.census. ov/facweb/
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Attachment J — Audit Requirements
2. Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements),as
revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the
Recipient received the audit report); copies of the reporting package described in;2 C.F.R. 200 Subpart F (Audit
Requirements),as revised,and any management letters issued by the auditor;copies of reports required by Part II
of this Exhibit must be sent to DEO at the addresses listed in paragraph three (3) below.
3. Copies of financial reporting packages required by PART II of this Exhibit Agreement shall be submitted by or
on behalf of the Recipient directly to each of the following:
A. DEO at the following address:
Electronic copies: Auditndeo.myflorida.com
- E
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342 U
Claude Pepper Building,Room 401
111 West Madison Street �0
Tallahassee, FL 32399-1450 U
Email Address: flaudaen localaovt a),aud.state.fl.us
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4. Any reports, management letter, or other information required to be submitted to DEO pursuant to this
Agreement shall be submitted timely in accordance with 2 C.F.R. part 200 subpart F, section 215.97 F.S., and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
I
Auditor General, as applicable. -199
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5. Recipients and sub recipients,when submitting financial reporting packages to DEO for audits done in accordance
with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the
Auditor General, should indicate the date that the reporting package was delivered to the recipient/sub recipient
in correspondence accompanying the reporting package.
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PART V: RECORD RETENTION �
The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a CU
period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting
requirements are satisfied and final payments have been received, or for a period of three (3) years from the date that
DEO closes out the CDBG-CV program year(s) from which the funds were awarded by the U.S. Department of
Housing and Urban Development, whichever period is longer, and shall allow DEO, or its designee, the Chief
LL
Financial Officer (CFO),or Auditor General access to such records upon request. In addition,if any litigation,claim, ;
negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling
period as identified above, the records shall be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the controlling period as identified above,whichever is longer. The Recipient CU
shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon
request for a period of five (5) years from the date the audit report is issued,unless extended in writing by DEO.
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C.16.a
Exhibit 1 to Attachment J — Funding Sources
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S. Department of Housing and Urban Development
Federal Funds Obligated to Recipient: $2,956,533.59 JA
Community Development Block Grants/State's Program 0
Catalog of Federal Domestic Assistance Title: and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228 a
0
Project Description: Funding is being provided for needed infrastructure
improvements to benefit low- and moderate-income
This is not a research and development award. persons residing in the Recipient's jurisdiction. �
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program U
1. The Recipient shall perform its obligations in accordance with sections 290.0401-290.048,F.S.
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2. The Recipient shall perform its obligations in accordance with 24 C.F.R. §§ 570.480—570.497.
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3. The Recipient shall perform the obligations as set forth in this Agreement, including any attachments or U)
exhibits thereto.
4. The Recipient shall perform the obligations in accordance with chapter 73C-23,F.A.C.
5. The Recipient shall be governed by all applicable laws, rules and regulations,including, but not necessarily CL
limited to,those identified in Attachment F—State and Federal Statutes,Regulations,and Policies
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:N/A
Matching Resources for Federal Programs: N/A
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N
N
Subject to Section 215.97,Florida Statutes: N/A
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Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 C.F.R.§200.332 and section 215.97(5),F.S.,require that the information about Federal Programs and State Projects LL
included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Recipient
E
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C.16.a
Attachment K — 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�a),deo.mi-florida.com.
Recipient: Monroe County
FEIN: Recipient's Fiscal Year: JA
Contact Name: Contact's Phone:
0
Contact's Email:
1. Did the Recipient expend state financial assistance, during its fiscal year, that it received under any
agreement (e.g., contract,grant,memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc.) between the Recipient and the Department of Economic 0
Opportunity (DEO)? ❑ Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did the Recipient expend$750,000 or more of state financial assistance (from DEO and all other t?
sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable State single or U
project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules
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of the Department of Financial Services and the Auditor General.
2. Did the Recipient expend federal awards during its fiscal year that it received under any agreement (e.g.,
contract,grant,memorandum of agreement, memorandum of understanding, economic incentive I
award agreement, etc.) between the Recipient and DEO? ❑ Yes ❑ No
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If the above answer is yes, also answer the following before proceeding to execution of this
Z
certification:
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Did the Recipient expend$750,000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable single or program-
specific audit requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of the Recipient, that the above representations for items 1
and 2 are true and correct.
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Signature of Authorized Representative Date
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Printed Name of Authorized Representative Title of Authorized Representative
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C.16.a
Attachment L — CDBG-CV Subrogation Agreement
State of Florida
Department of Economic Opportunity
Federally-Funded Community Development Block Grant CARES (CDBG-CV)
Subrogation Agreement
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This Subrogation and Assignment Agreement ("Agreement's is made and entered into on this day of
120 ,by and between Monroe County,Florida (hereinafter referred to as 0
"Subrecipient") and the State of Florida,Department of Economic Opportunity (hereinafter referred to as "DEO").
In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application a
for the receipt of funds (collectively,the "Grant Proceeds' under the DEO Community Development Block Grant
CARES Act Program (the "CDBG-CV Program' administered by DEO,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 reimbursement or relief program related to or administered by
the Federal Emergency Management Agency ("FEMA'� or the Small Business Administration ("SBA' (singularly,a
"CARES Act Program"and collectively,the "CARES Act Programs' that was the basis of the calculation of Grant
Proceeds paid or to be paid to Subrecipient under the CDBG-CV Program and that are determined in the sole
discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement.
ao
The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or the SBA c?
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 any Proceeds, Subrecipient CL
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 U)
be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall
not exceed the amount received from the CDBG-CV Program.
I
Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers CL
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 as
documentation with respect to such consent,giving depositions,providing documents,producing record and other a0
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 CDBG-CV Program.
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If requested by DEO,Subrecipient agrees to execute such further and additional documents and instruments as may be CN
requested to further and better assign to DEO,to the extent of the Grant Proceeds paid to Subrecipient under the
CDBG-CV Program,the Policies, any amounts received under the CDBG-CV Programs that are DOB Proceeds CU
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.
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-CV Program in an amount greater than the amount
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Attachment L — CDBG-CV Subrogation Agreement
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 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 disbursed as follows:
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1. If the Subrecipient has received full payment of the Grant Proceeds,any Subsequent DOB Proceeds shall be
retained by DEO.
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 be used, E
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-CV Program or
the Subrecipient determines not to participate in the CDBG-CV Program,the Subsequent DOB Proceeds shall be
returned to the Subrecipient,and this Agreement shall terminate. c?
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 received by CL
Subrecipient shall be true and correct as of the date of the signing of this Agreement.
W
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. —
The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received,read, CL
and understands this notice of penalties for making a false claim or statement regarding Proceeds received by
Subrecipient.
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In any proceeding to enforce this Agreement,DEO shall be entitled to recover all costs of enforcement,including
actual attorney's fees.
Monroe County Board of County Commissioners Department of Economic Opportunity
N
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By: Date: By: Date:
(Authorized Signature) (Authorized Signature)
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Name: Craig Cates Name: Dane Eagle
Title: Mayor Title: Secretary
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MONROE GAOUN-rY ATT"OMI NEY''S,OIIFF110E
APPROVED A!S TO FiORM
COU1111W ATTORNEY
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