HomeMy WebLinkAboutItem C20 DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
Subgrant Contract Number: 22CV-S03
FLAIR Contract Number: H2474
CFDA Number: 14.228
State of Florida
Department of Economic Opportunity
Federally-Funded Community Development Block Grant CARES (CDBG-CV)
Subgrant Agreement
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
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.
WHEREAS, DEO is the CDBG-CV grantee agency for the State of Florida, designated to receive funds annually for
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.
WHEREAS, pursuant to the requirements of Title 2, Code of Federal Regulations (C.F.R.), part 200 and 24 C.F.R.
570, the Recipient is qualified and eligible to receive these federal grant funds in order to provide the services identified
herein.
NOW THEREFORE,DEO and the Recipient agree to the following:
(1) Scope of Work.
The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables and Part 4 and
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.
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:Mail 27,2018.
(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 DEO'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
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards as now in effect and as may
be amended from time to time.
(b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State
of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the
Federal government and their duly authorized representatives shall have access to any of the Recipient's books,
documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the
purposes of conducting audits or examinations or making excerpts or transcriptions.
(c) The Recipient shall maintain books, records, and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO
under this Agreement.
(d) The Recipient will provide a financial and compliance audit to DEO,if applicable,and ensure that all related
party transactions are disclosed to the auditor.
(e) The Recipient shall retain sufficient records 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
Agreement, for a period of six years from the date DEO issues the Final Closeout(as defined in rule 73C-23.0031(14),
F.A.C.) for this award or for a period of three years from the date that DEC) 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
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-
year period, the records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
2. Records for the disposition of non-expendable personal property valued at$5,000 or more at the time
it is acquired shall be retained for six years after final disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on the transfer
of title.
(� The Recipient shall maintain all records and supporting documentation for the Recipient and for all
subrecipients, contractors, subcontractors, and consultants to be paid from finds 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
otherwise, may be maintained in the Advanced Funds account, and Advanced Funds shall not be maintained in any
other account.
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
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
consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the
Federal government and their duly authorized representatives. "Reasonable" shall ordinarily mean during normal
business hours of 8:00 a.m. to 5:00 p.m.,local time, on Monday through Friday.
(i) The Recipient shall include the aforementioned audit and record keeping requirements in all approved
subrecipient subcontracts and assignments.
(6) Audit Requirements.
(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.
(b) The requirements listed in Attachment J,Part II: State Funded,are not applicable to this subgrant agreement,
which is a Federal pass-through award.
(c) Within 60 calendar days of the close of the fiscal year, on an annual basis, the Recipient shall electronically
submit a completed Audit Compliance Certification, a blank version of which is attached hereto as Attachment K, to
au diZQ,�&,LvLn:yflcrris a a crm. The Recipient's timely submittal of one completed Audit Compliance Certification for each
applicable fiscal year grill fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of
understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the
Recipient. This form is in addition to the Audit Certification Memo, Form CV-47, that must be sent to DEO if an
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
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 �uw.�l�rricla ei�rsoor / ]LD 3 I�L�j r nt] L or upon request
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
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
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
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.
The Recipient shall always and contemporaneously maintain at Recipient's work sites and make available to DEO
immediately upon DEO'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
this Agreement and its implementation. The Recipient shall supply data and make records available as necessary, for
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 DEO's monitoring report. DEO will clear any findings or concerns
in writing once the Recipient has successfully addressed them. DEO will reject a Recipient's financial reimbursement
request if a required response to a monitoring report is late.
(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
negligence.
(b) The Recipient is solely responsible to the parties it deals with in carrying out the terms of this Agreement,
and shall hold the State of Florida and DEO harmless against all claims of whatever nature by third parties arising from
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
to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and
agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28,
F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Recipient if sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any agreement,subrecipient agreement, contract,or subcontract.
(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 DEO, 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 DEO's misuse or modification of Recipient's products or
DEO'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
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
determined by DEO in its sole and absolute discretion, for past use. DEO shall not be liable for any royalties.
(t) 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.
(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
to make any further payment of funds, exercise any of the remedies set forth in Paragraph (11) Remedies, or pursue any
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
Agreement, or any previous agreement with DEO is or becomes false or misleading in any respect, notwithstanding
any knowledge on the part of DEO of any untruth of any such representation or warranty, or if the Recipient fails to
keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with DEO
and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement;
(b) If 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
notice is sent by DEO;
(c) If the Recipient fails to submit any required report,or submits any required report with incorrect,incomplete,
or insufficient information,or fails to submit additional information as requested by DEO;or
(d) If the Recipient has failed to perform, or timely complete, any of its obligations under this Agreement,
including attending DEO's Implementation Workshop.
(11) Remedies.
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:
(a) Terminate this Agreement upon 24-hour written notice from the date notice is sent by DEO,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 may be taken if the situation is not corrected;
or
3. Advise the Recipient to suspend,discontinue,or refrain from incurring costs for any activities in question.
(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 DEC),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. DSO's decision on the petition shall be
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.
(13) Termination.
(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
under this Agreement;fraud;lack of compliance with any applicable rules,regulations, statutes,executive orders,HUD
guidelines,policies or directives,or laws;failure,for any reason,to timely and/or properly perform any of the Recipient's
obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect; and
refusal to permit public access to any document,paper,letter,or other material subject to disclosure under law,including
chapter 119,F.S.,as amended. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed
costs.
(b) DEO may terminate this Agreement, in whole or in part, for convenience by providing the Recipient 14-
days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective
date,and,in the case of partial termination,the portion to be terminated. However,if in the case of partial termination,
DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was
made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was
made. The Recipient shall continue to perform any work not terminated. The Recipient shall not be entitled to recover
any cancellation charges or unreimbursed costs for the terminated portion of work.
(c) The Parties may terminate this Agreement for their mutual convenience in writing, 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
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.
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:
Andrea Pelton,Government Operations Consultant III
Florida CDBG-CV Program
Department of Economic Opportunity
107 East Madison Street—MSC 400
Tallahassee,Florida 32399-6508
Telephone: (850) 717-8401 —Fax: (850) 922-5609
Email: andrea.pelton@deo.myflorida.com; CC: CDBGGrantsManagement@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
Telephone: (305) 570-9156- Fax: (305) 292-4515
Email: salinger-jordan@monroecounty-fl.gov
(d) If different representatives or addresses are designated by either Party after execution of this Agreement,
notice of the name, title and address of the new representative shall be provided as stated in Paragraph (14) of this
Agreement.
(15) Contracts.
(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
written approval. For each contract, the Recipient shall report to DEC) 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. 5200.318 - 5200.327 and§200.330 when procuring
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.
The Recipient shall include the following conditions in any contract:
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;
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
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,
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.
(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)
Attachment C—Activity Work Plan (Example)
Attachment D—Program and Special Conditions
Attachment E—Project Specific Conditions
Attachment F—State and Federal Statutes,Regulations,and Policies
Attachment G—Civil Rights Requirements
Attachment H—Reports
Attachment I—Warranties and Representations
Attachment J—Audit Requirements
Exhibit 1 to Attachment J—Funding Sources
Attachment K—Audit Compliance Certification
Attachment L—CDBG-CV Subrogation Agreement
(18) Funding/Consideration.
(a) The funding for this Agreement shall not exceed Two Million Nine Hundred Fifty-Six Thousand Five
Hundred Thirty-Three Dollars and Fifty-Nine Cents ($2,956,533.59) subject to the availability of funds. The State of
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
Constitution.
(b) DEO will provide funds to the Recipient by issuing a Notice of Subgrant Award/Fund Availability("NFA")
through DEO's financial management information system. Each NFA may contain specific terms, conditions,
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
instructions listed in the NFA.
(c) The Recipient hereby certifies to DEO that written administrative procedures,processes,and fiscal controls
are in place for the operation of its CDBG-CV program for which the Recipient receives funds from DEO. 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 DEC), 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
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 an)-
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,
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,
Events of Default.
(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,
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
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 DEC) any unobligated funds which
have been advanced or paid to the Recipient.
(c) The Recipient shall refund to DEC) any funds paid in excess of the amount to which the Recipient or its
contractors, subcontractors,or consultants are entitled under the terms and conditions of this Agreement.
(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
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 DEC)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 DEC)has
notified the Recipient of such non-compliance.
(f) In accordance with section 215.34(2), F.S.,if a check or other draft is returned to DEO for collection, the
Recipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft,
whichever is greater. All refunds or repayments to be made to DEC) under this Agreement are to be made payable to
the order of"Department of Economic Opportunity"and mailed directly to DEC) at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
107 East Madison Street—MSC 400
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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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,
and materials submitted or provided by the Recipient in its Application for Funding, in this Agreement, in any later
submission or response to a DEO request, or in any submission or response to fulfill the requirements of this
Agreement. All 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
is inaccurate or false.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising
out of this Agreement shall be in the Circuit Court of Leon County. The Parties 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,
and shall not invalidate, any other provision of this Agreement.
(c) Any power of approval or disapproval granted to DEO under the terns of this Agreement shall survive the
term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an
original.
(e) The Recipient 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,
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
been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,
or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may not submit bids,
proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any
public entity in excess of$35,000 for a period of 36 months following the date of being placed on the convicted vendor
list. The Recipient warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Recipient
shall disclose if it or any of its affiliates is placed on the convicted vendor list.
(g) Pursuant to section 287.134(2)(a), F.S., an entity or affiliate, as defined in section 287.134(1),who has been
placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract to provide any goods or
services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction
or repair of a public building or public work;may not submit bids,proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity. 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.
(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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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.
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 DEC) 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.
0) 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
income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount.
(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
meetings shall be public records, available to the public in accordance with chapter 119,F.S.
(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:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from
a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.
(n) Upon expiration or termination of this Agreement the Recipient shall transfer to DEO any CDBG-CV funds
on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-CV
funds.
(o) Any real property under Recipient's control that was acquired or improved in whole or in part with CDBG-
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
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
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;
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
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 -Then 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.
(22) Copyright,Patent, and Trademark.
(a) Any and all patent rights accruing under or in connection with the performance of this agreement are hereby
reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this
Agreement are hereby transferred by the Recipient to the State of Florida.
(b) If the Recipient has a pre-existing patentor copyright,the Recipient shall retain all rights and entitlements to
that pre-existing patent or copyright unless the Agreement provides otherwise.
(c) If any discovery or invention is developed in the course of or as a result of work or services performed under
this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to DEO for a
determination whether the State of Florida will seek patent protection in its name. Any patent rights accreting tinder or
in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals,
films,or other copyrightable material are produced,the Recipient shall notify DEC). 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
relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or
copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so
disclosed. Failure to disclose will indicate that no such property exists,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
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
T�]Z�auc td�r rr�iyfl�>ricla aazrl 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 DSO'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.
(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.
("Recipient"), the Recipient shall transfer to DEO, at no cost to DEO, all public records upon completion including
termination, of this Agreement, or keep and maintain public records required by DEO to perform the service. If the
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.
If the Recipient keeps and maintains public records upon completion of the Agreement, the Recipient shall meet all
applicable requirements for retaining public records. All records stored electronically must be provided to DEO,upon
request from DEO's custodian of public records,in a format that is compatible with the information technology systems
of DEO.
(e) If DEO does not possess a record requested through a public records request,DEO shall notify the Recipient
of the request as soon as practicable, and the Recipient must provide the records to DEO or allow the records to be
inspected or copied within a reasonable time. If the Recipient does not comply with DSO'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
a reasonable time may be subject to penalties under section 119.10, F.S.
(� 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.
(g) The Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating 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 DEO'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
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 ��t � �ae �� �� r�rv � rcc �z„�c�rrm, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107 East
Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
0) 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
and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and
description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s),
alleged to be caused in whole or in part by the 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,
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
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,
unless prior written approval is obtained from DEO.
0) 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
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
Recipient does not comply with this provision.
(25) Employment Eligibility Verification
(a) Section 448.095, F.S.requires the following:
1. Every public employer, contractor, and subcontractor shall register with and use the E-Verify system
to verify the work authorization status of all newly hired employees. A public employer, contractor, or
subcontractor may not enter into a contract unless each party, to the contract registers with and uses the E-
Verify system.
2. A private employer shall, after making an offer of employment which has been accepted by a person,
verify such person's employment eligibility. A private employer is not required to verify the employment
eligibility of a continuing employee hired before January 1,2021. However,if a person is a contract employee
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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:
(c) If the Recipient does not use E-Verify, the Recipient shall enroll in the E-Verify system prior to hiring any
new employee or retaining any contract employee after the effective date of this Agreement.
(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.
(27) Independent Contractor.
(a) In the Recipient's performance of its duties and responsibilities under this Agreement, it is mutually
understood and agreed that the Recipient is always acting and performing as an independent contractor. Nothing in
this Agreement is intended to or shall be deemed to constitute an employer/employee relationship,partnership or joint
venture between the Parties. The Recipient shall 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 officer, employee,agent,joint venturer, or partner
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
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.
(e) Unless justified by the Recipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services
of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient or its
subcontractor or assignee.
(0 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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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,
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
any successor or similar applicable verification program,to confirm the eligibility of beneficiaries before providing anv
funds,resources,benefits, or any other thing of value during the Agreement term.
(The remainder of this page left blank intentionally.)
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DocuSign Envelope ID:CC9D65B6-356A-4D2D-B762-C2C5941AAE4F
State of Florida
Department of Economic Opportunity
Federally Funded Subgrant Agreement
Signature Page
Subgrant Contract Number: 22CV-S03
FLAIR Contract Number: 112474
IN WITNESS WHEREOF, and in considexamoon of the mutual covenants set forth above and in ail .Attachments and
a� hibits hereto, the Parties, through their duly-authorized representatives, sign this Agreement and represent and warrant
that they have read and understand the Agreement and.Attache ments and Exhibits'terms and conditions on the day, month,
and year set forth below.
Monroe Co Board of County Commissioncts Department of Economic Opportunity
01
1) Signed by:
By D�a tc L2,/..(�.)�-V2022 icy; vk�y: l Date: 1/18/2023
�E 445.,
Name. Craig Cates Name: Meredith Ivey
ACTING
"ritle. Mayor Title: SECRETARY eirmf of Staff
Federal'Tax ID#' 59.6000749
1 Ynique,ID #, MLNGI..j'T67PS3
MONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
Approved as to form and le sufficiency,
s in the
only to the fillf and proper execudion
the Parties
TANT COUNTY ATTORNEY
R.10121"? Of of the General Counsel
Dep DocuSigned by. )ortunity
s brt.(.kAt
aclok,Clerk By: 'EaLv,�6EOC368A720440
Approved Date: 1/13/2023
Y
As beputy C erk .... .................................
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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 H,,x-y, 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 be
used as a potential drive-through site,which would allow for safer,more efficient testing.The County contributed$246,650
in leverage funds to the project. This project meets the National Objective of Benefit to Low-to Moderate Income Persons
on an Area Basis.
2. RECIPIENT RESPONSIBILITIES:The Recipient shall timely perform the Deliverables and Tasks described in
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
consent of the Parties.
3. DEO'S RESPONSIBILITIES: DEO shall receive and review the Project Deliverables and,upon DSO's
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
Agreement.
4. DELIVERABLES:
Recipient agrees to provide the following services as specified:
Deliverable No. 1—Project Implementation
Tasks Minimum Level of Service (to Financial
Submit a Request for Consequences
Payment)
The Recipient shall complete the tasks listed The Recipient shall be reimbursed Failure to perform the
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 in
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.
completed tasks as well as payroll
and other supporting
documentation, as applicable.
Deliverable No. 2—Engineering Services
Tasks Minimum Level of Service (to Financial
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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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 I 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 AL3 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,
and noting overall percent
completion of the project.
*Mobilization refers to a contractor's
mobilization of equipment,materials,
and barriers to the work site(s).
Total Award Not to Exceed: $2,956,533.59
Project Implementation Deliverable
Tasks that are eligible for reimbursement under the Project Implementation Deliverable are as follows:
• Paid application preparation costs,
• Developed policies for the Recipient related to special conditions listed in this subgrant agreement,
• Prepared list of minority and women business enterprise (MBE/NVBE) firms that operate in the Recipient's area,
• Conducted activities related to the HUD-related environmental review,
• Prepared public notices for publication,
• Submitted public notices for publication,
• Maintained financial records related to project activities on-site,
• Conducted a Fair Housing activity,
• 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,
• Attended meetings of the Recipient's local governing body to provide progress reports on subgrant activities,
• 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 DEC),
• 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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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
Tasks that are eligible for reimbursement under the Engineering Services Deliverable are as follows:
• 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.
• Resident Inspection
a) Inspected construction activities for consistency with plans and specifications,and
b) Reviewed construction invoices and certify costs.
• Preliminary Engineering Services
a) Provided a cost estimate of the project,and
b) Assessed sites for the project.
• Additional Engineering Services
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,
b) Conducted laboratory tests, well tests, borings, and specialized geological soils, hydraulic, or other studies
recommended by the engineer,
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
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,
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,
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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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
(The remainder of this page left blank intentionally.)
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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
b. Within 180 calendar days of the subgrant award,the Recipient shall complete the following activities:
• Complete the environmental review and submit the Request for Release of Funds and Certification (form
HUD-7015.15) to DEC) 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.
2. The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between d-ie expenditures and the budget/activity line items as defined in Attachment B -Project Detail
Budget,Attachment A-Project Description and Deliverables,Recipient Responsibilities,and Attachment C-Activity
Work Plan.
3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application
preparation costs outlined in the original CDBG-CV Application for Funding submitted to DEO, unless pre-
agreement costs were approved in writing by DEO.
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 set-vices 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).
5. CDBG-CV procurement for consultant services and construction activities requires public notice in a newspaper of
general circulation in the county where the Recipient is located. The public notice shall include the following criteria
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
to complete the procurement process. If the notice is not published in a newspaper that is located in an MSA,
at least three responsible and responsive bids or proposals must be received by the Recipient to complete the
procurement process;
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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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-C`� or the CDBG-CV contract number;
f. In procuring services for subgrant administration,the public notice or the Request for Proposals must include
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.
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.
6. A written evaluation,such as a ranking sheet or narrative,shall be prepared for each proposal,ranking or comparing
each proposal to the criteria in the published RFP.
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.
8. A Recipient may use the design engineer for services during construction if DEO determines that the procurement
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.
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.
10. Construction contracts shall be awarded to the low, responsive and responsible bidder. If all bids exceed the
available funds,the Recipient can apply one or more deductive bid alternates to determine the low,responsive and
responsible bidder. The Recipient can reject all bids if they exceed the available funds and republish the notice.
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
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;
C. For engineering/architecture contracts,a list of firms that submitted a proposal(only if short-listing procedure
was used);
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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;
j. A copy of the proposed contract;
k. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over$150,000;
1. If a protest was filed, a copy of the protest and documentation of resolution;
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 DEO.
Failure to secure prior written approval shall relieve DEO of any obligation to fund the said procurement
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
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.
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
services.
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:
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
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 fiends for that contract.
b. Comply with 24 C.F.R. part 58,and the regulations implementing the National Environmental Policy Act, 40
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
HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEO. The Recipient shall not
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. §5 4601-4655; hereinafter, the "URA"), implementing regulations at 24 C.F.R. part
42, 49 C.F.R. part 24 and 24 C.F.R. 5 570.606(b), the requirements of 24 C.F.R. 5 42.325 — 42.350 governing the
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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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,
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
services, 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 grill be requested,the Recipient
shall submit the following procurement documents:
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
opportunity to bid on the construction contract;
C. A copy of the bid tabulation sheet;
d. A copy of the engineer's recommendation to award;
e. A letter requesting sole source approval,if applicable;
f. A copy of the bid bond (five percent of the bid price) for the prime contractor(s) selected to do the work,
and;
g. Completed copies of the following forms for all prime contractors and subcontractors:
• 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
Exclusion (Subcontractor);
• Form CV-53 (if applicable)—Section 3 Participation Report (Construction Subcontractor), and;
• 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
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).
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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 DEO, 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:
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
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. 5 570.487(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
package for this Agreement,except for the following costs:
• 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
• The CDBG-CV portion of the cost of post-administrative closeout audits.
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.
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
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. 5 570.505. Any future change of use
of real property shall be in accordance with 24 C.F.R. § 570.489(j).
22. The Recipient shall comply with the historic preservation requirements of the National Historic Preservation Act
of 1966, as amended,the procedures set forth in 36 C.F.R. part 800, and the Secretary of the Interior's Standards
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,
development, or implementation of the project or CDBG-CV-funded activity;and
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.
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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
that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378
shall be approved in writing by DEC) prior to distribution of the funds. Should the Recipient fail to obtain DEC)
pre-approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed
with CDBG-CV funds.
27. The Recipient shall take photographs of all activity locations from multiple angles prior to initiating any
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
designated to the person responsible for grant oversight, which is located in the program office and capable of
internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow
internet access.
Special Conditions
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
award will be included as a Special Condition in the County's subgrant agreement.
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
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
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
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.
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
included as a Special Condition of the County's subgrant agreement.
29
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
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:
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
affordability and subsequent rate increases.
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
protection),beneficiary data shall be provided for all residents of the households being served. For activities
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
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;
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
unit,and the amount of CDBG-CV funds spent on that housing unit; and
d. The racial demographics and ethnicity of the head of each household using the following descriptions:
1) White, 7) Asian and White,
2) African American, 8) African American and White,
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
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
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.
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.
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
to a septic tank shall be performed by a licensed septic tank contractor certified by the Florida Department of
Health.
6. Rehabilitation of all housing units funded in part or in full with CDBG-CV funds must be in compliance with the
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 frill compliance with current Florida Building
Code.
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
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
Insurance Program. The flood insurance must be at least equal to the amount spent on the rehabilitation.
Homeowners in a 100-year floodplain that do not maintain flood insurance will be exempt from receiving future
federal disaster related funds per section 582 of the National Flood Insurance Reform Act of 1994,42 U.S.C.5154a.
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:
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 or
program,subject to DEC) approval,at DEC) sole and absolute discretion;
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
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Attachment E — Project Specific Conditions for Housing Rehabilitation
C. 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. 5 570.487 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:
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;
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.
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
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
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
proximity to one another or as part of a larger project;
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
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
or a new mobile home.
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.
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
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
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
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
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
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;
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
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,
2) African American,
3) Asian,
4) American Indian or Alaskan Native,
5) Native Hawaiian/Pacific Islander,
6) American Indian or Alaskan Native and White
7) Asian and White,
8) African American and White,
9) American Indian/Alaskan Native and African American,or
10) Other Multi-Racial;and
11) If the head of household is Hispanic
33
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
required to pay back all CDBG-CV funds drawn down, except for funds expended for subgrant administration,
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
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
Funding, Attachment A — Project Description and Deliverables of the Subgrant Agreement and on the
Attachment B - Project Detail Budget are created and/or retained, 51 percent of those jobs shall be made
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
shall be the CDBG-CV Program Pre-Employment Household Income Certification Form, Form CV-50, for
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
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
comply with Chapter 119,F.S.is an act of default and cause for the unilateral cancellation of the Participating
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 Parry, 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
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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 Parry 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 grill 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
is "on schedule" under this Agreement;
h. Participating Party attests that the assisted activity will1 will 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
of jobs that will be relocated from each LMA;
(i) The Participating Party certifies from that neither it,nor any of its subsidiaries,have plans to relocate jobs
at the time this agreement is signed that would result in a significant loss of job(s) as defined in 24 C.F.R.
5 570.482(h);
(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
of jobs as prohibited under 24 C.F.R. § 570.482(h).
i. The Participating Party shall submit a detailed quarterly report to the Recipient that demonstrates its progress
toward achieving the milestones set forth in the Participating Party Activity Work Plan. The Participating Party
shall deliver each report to the Recipient no later than the end of each quarter, until submission of the
administrative closeout report by the Recipient. The ending dates for each quarter of the program year are
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;
k. The Participating Party, if requested by the Recipient, shall provide to the Recipient or its agents such
reasonable information concerning the project as the Recipient may reasonably require as it relates specifically
to the conditions of the grant;
35
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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;
in. 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
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
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
paid for with CDBG-CV funds. New businesses that would otherwise not be able to locate to the project site and
existing businesses that are now able to expand or create new jobs because of the availability of infrastructure being
provided through this Agreement must agree to provide 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.
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.
5. The Recipient shall maintain records of the Participating Party's expenditure of funds that will allow accurate and
ready comparison between the expenditures and contracted budget line items by contracted activity in the Attachment
B -Project Detail Budget.
6. The Recipient may seek reimbursement for application preparation costs incurred prior to the date of the Agreement
provided the costs were requested in the Application for Funding and the required documentation was provided.
Should this Agreement not be executed by DEO, or should the procurement process be subsequently determined
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
provide the required levels of service for the on-going operations of the Participating Party in the project area. The
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 in
the form of a certification from a licensed engineer,bearing said engineer's seal.
36
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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:
1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R.
part 200);
2. Florida Small Cities Community Development Block Grant Program Act (§� 290.0401-290.048, F.S.);
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.);
7. Florida Small and Minority Business Assistance Act(§� 288.703-288.706,F.S.);
8. CDBG Technical Memoranda (LLrt LZ/aizLc_ L,Id Lh,.rrgcLmLo�cc rs7n7«cztt� r. cv_€=l r rent a cll .rig mc�rarrcl�);
9. Applicable HUD Community Planning and Development NoticesL
-Z-t1 _
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);
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
of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990 (Protection of
Wetlands);
14. National Environmental Policy Act of 1969,as amended(42 U.S.C. §�4321-4370h) and other provisions of law which
further the purpose of this act;
15. National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301-320303), Protection of Historic
Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act;
16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C.
§� 312501-312508);
17. Coastal Zone Protection Act of 1985 (5� 161.52-161.58,ES.);
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);
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. 5� 3701-3708);
22. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975
(42 U.S.C. §§ 6901-6992k);
23. Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157) and the Uniform Accessibility Standards,as applicable;
24. Federal Fair Labor Standards Act of 1938,as amended(29 U.S.C. 5§ 201-219);
25. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §5 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. 55 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;
29. Section 102 of HUD Reform Act of 1989 (42 U.S.C. § 3545) and HUD Reform Act regulations at 24 C.F.R.part 4;
30. False Claims Act(31 U.S.C. 5§ 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.
37
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
(The remainder of this page left blank intentionally.)
38
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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:
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
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;
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;
5) Conduct at least one fair housing activity each year; and
6) Display a fair housing poster in the CDBG Office. (This does not count as a fair housing activity.)
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:
• Define where discriminatory practices are occurring,
• 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
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;
• Conducting a fair housing poster contest or an essay contest;
• Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard
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.
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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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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:
1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors, subcontractors, subrecipients and
consultants 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:
a) The nature of the call,
b) The actions taken in response to the call,and
c) The results of the actions taken;
Each Recipient shall maintain a list of certified minority-owned business enterprises (MBE) and women-owned
business enterprises (WBE) that operate in its region. The Recipient shall use this list to solicit companies to bid on
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
and women-owned businesses that can be used to develop a local VIBE/WBE list at the following website:
htt s [o5cl.c4.tr� .try fl(ILLgl�a LtIL/irectories.
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
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.
The Recipient shall do the following:
1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who:
a) Has a physical or mental impairment which substantially limits one or more major life activities;
b) Has a record of such an impairment;or
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
40
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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, accessibilitST,
delivery, employment, and the administrative activities and responsibilities of organizations receiving Federal financial
assistance. A recipient of Federal financial assistance may not,on the basis of disability:
• Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs,
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,
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.
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
benefit from all their programs, services, and activities (e.g. public education, employment, transportation, recreation,
health care,social services,courts,voting,and town meetings). State and local governments are required to follow specific
architectural standards in the new construction and alteration of their buildings. They also must relocate programs or
otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing,
vision, or speech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated
entities offering certain types of courses and examinations,privately operated transportation, and commercial facilities.
Public accommodations are private entities who own,lease,lease to,or operate facilities such as restaurants,retail stores,
hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots,
zoos,funeral homes,day care centers,and recreation facilities including sports stadiums and fitness clubs. Transportation
services provided by private entities are also covered by Title III.
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.
The following Section 3 clause is required to be included in any contracts and subcontracts funded by this
Agreement:
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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
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.
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
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.
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.
E. The contractor will certify that any vacant employment positions,including training positions,that are filled(1) after
the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 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.
F. Noncompliance with HUD's regulations in 24 C.F.R. part 75 may result in sanctions, termination of this contract
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
(25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American
Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment,
training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the
requirements of Section 3.
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
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
U.S.C. § 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition
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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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
DocuSlgn Envelope U m",'C8D6596-356A..4D2D,-B762-C2C5941/vuE4F
Attachment G — Civil Rights Requ ire rnBrits
..........
Civil Rights Regulations
As a condition f6r the receipt of CDBG-CV fin)ds,each, Recipient must cerfify diat it°will abide by the follovnng Federal
laws and regulatiorism
i, 'ritic, vi of the Civfl Rights Act of" 1964 Prohibits (fiscrimination by government 2gencies tahat receive Federal
funchng;
Z Tifle 'VII of the Civil R.ights Act of'196,14 prohibits enkployment cliscrivninatk-)n fm.the basis of race,color,rclig)on,
sex,or national origin;
3, Title VIII of the Cmd Rig_,hts Au of 1968 as amended (the Fair Housing Act of 1988);
4,, 24 Cl'+'K 1570A870,)) A ffirtn.atively Furthesing Fair Housing;
5. 24 § 570A90(b) Unit of generall local government's record;
6 24 5 570�606(b) Relocation assistance fix displaced persons at IJRA levels;
T Age Discrimination Act of 197 5;
8, Executive Order 12892 - Ltadersinp and Coordination of' Fair Housing i.n Federal PropTarns,' Affirinatively
FurilreringfA'air Housinp
9,, SCC6011 109 Of thC HOLISing and ("ommunity Development Act of' 1974 -- 114o persork shall be ex(-Juded frolin
participawn ix4 denied benefits of, or suRbjected to discritrkination under any proWnarn or activity rcceiving CII)BG-
CV funds because of race,color,rehg I jigin.�on,SeX or nationa o.
10. Section. 504 of the Rehabilitation Act of 1973 and 24 ("YR. pift 8, wfuch prohibits discrintihation iq rainst people
with disabilities;
M Fxecunve Order 11063--F,qwal 01)[Poininity in I lousiII&
12, Execunve Order 11246-,El�qtja111 Ernployriacnit Opportunity;an.d
11 Section 3 of the Housing and Urban Developmenit Act of 1968,as anrended-1'A:c)nonaic OpporwrRities for low-and
veq low,izumne persw.ns,
I hereby cerrify diat dIC, mroe (,,ounty, 11ori(hi, shall comply mridi l t�he provisions and Federal rcVilaticniv;u lkstecl in diis
attachment.
By: Date: Jhc,er,nber'7 2099
b4ame: Craig Cates
...............................
Mayor
Madok,Clerk
erk As z
A40VIOROE 0,sUN'"'^TT'GANEY'S CWTKE
APPROVED AST0 FORM
8=2022-
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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
report shall include: a summary of work performed during the reporting period; photographs taken to date; a
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.
2. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
�u�x Elralc o<br<r_ pit zG rcfc;rct�cc_15p�]Oio Re -05 60.; which is incorporated herein by reference,
must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system at
Lt_gp,! (o! r .�r�y sal ta�teL cr.1n12. 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
submitted to DEC)before the Recipient has submitted its Final Request for Funds.
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
completed,whichever comes first.
The following documentation shall be provided with the Administrative Closeout Report:
I
. Certification that all project activities have been completed,inspected and approved by all parties prior to
the subgrant end date and submission of the closeout report;
b. Documentation of any leverage expended after the last on-site monitoring visit;
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;
e. A list of the homes receiving direct benefit,if applicable;and,
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.
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.
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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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
Attachment H — Reports
5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to
aiadat�a}1 1 Goridaxoin,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
Targeted Section 3 workers. If Section 3 benchmarks are not met, the subrecipient's qualitative efforts must be
reported in a manner required by 24 C.F.R. § 75.25(b).
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.
7. Requests for Funds payment requests must be submitted in accordance with the timelines included on
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.
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).
For each Housing Rehabilitation payment request that includes construction costs,the Recipient shall provide a
copy of AIA form G702, or a comparable form approved by DEO,if applicable, signed by the contractor and
the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by
DEO,if applicable. 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
demo/replacement involving a new mobile home, the Recipient shall request reimbursement as soon as the
mobile home is installed and the invoice received.
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 ww 1F'1orJd i;L L[ s r>r�_�D 3 qTh€cipi ntl trf_'a or upon request
from the DEO grant manager for this Agreement.
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DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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.
(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.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2
C.F.R.part 200 and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 C.F.R. §� 200.318-200.327 and be conducted in a
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
order to ensure objective contractor performance and eliminate unfair competitive advantage,contractors that develop
or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be
excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or
offeror whose proposal is most advantageous to the program, considering the price, quality and other factors.
Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer
to be evaluated by the Recipient. All bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged
in the award and administration of contracts. No employee,officer,or agent shall participate in the selection, award,
or administration of a contract supported by 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
her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or
other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and
agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied
for violations of the standards by officers, employees,or agents of the Recipient. (See 2 C.F.R. 200.318(c)(1).)
Business Hours
The Recipient shall have its offices open for business,with the entrance door open to the public,and at least one
employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,
but ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday.
Licensing and Permitting
All contractors or employees hired by the Recipient shall have all current licenses and permits required for all the
particular work for which they are hired by the Recipient.
46
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
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
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.
1. In the event that the Recipient expends $750,000 or more in federal awards in its fiscal year, the Recipient
must have a single or program-specific audit conducted in accordance with the provisions of 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
Auditor General in accordance with the provisions of 2 C.F.R.part 200 subpart F (Audit Requirements), as
revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements),
as revised.
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
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)
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
grantor agencies.
Additional Federal Single Audit Act resources can be found at:
htr���;:�1hirv_L�tLrc�n�r7,��c�v�fac�v�l�1➢��:soura.�.��s�z
47
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. 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
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
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
(i.e.,the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities).
Additional information regarding the Florida Single Audit Act can be found at:
htll�s��1{tpl?s.-fl�Ifs��.czeil[f��st�1
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's 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
PART IV: REPORT SUBMISSION
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: I�'1N1A-RW'BC4)deo ntyflorid .corm
B. The Federal Audit Clearinghouse designated in 2 C.F.R.part 200 subpart F (Audit Requirements),as revised,
electronically at k7.rtl�:��1xar�e,t-r.�cttsuso�/f.ewc�1
48
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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: ��c�it >c:{cac.xnyf]Q>rr_c�a.cc>
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: fl rack �'I 1c cal - vtf>aud.sttate.flAIS
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
Auditor General, as applicable.
5. Recipients and subrecipients,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/subrecipient
in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting
requirements are satisfied and final payments have been received, 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
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
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.
49
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
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
1. The Recipient shall perform its obligations in accordance with sections 290.0401-290.048, F.S.
2. The Recipient shall perform its obligations in accordance with 24 C.F.R. �� 570.480—570.497.
3. The Recipient shall perform the obligations as set forth in this Agreement, including any attachments or
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
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:lV/A
Subject to Section 215.97,Florida Statutes:I'N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 C.F.R.§200.332 and section 215.97(5),F.S.,require that the information about Federal Programs and State Projects
included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Recipient.
50
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
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
_rud4C4 do c rny.ffi�ri( r corn.
Recipient: Monroe County
FEIN: Recipient's Fiscal Year:
Contact Name: Contact's Phone:
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
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
sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable State single or
project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did the Recipient expend federal awards during its fiscal year that it received under any agreement (e.g.,
contract,grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between the Recipient and DEO? ❑ Yes ❑ No
If the above answer is yes, also answer the following before proceeding to execution of this
certification:
Did the Recipient expend $750,000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable single or program-
specific audit requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of the Recipient, that the above representations for items 1
and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
51
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
Attachment L — CDBG-CV Subrogation Agreement
State of Florida
Department of Economic Opportunity
Federally-Funded Community Development Block Grant CARES (CDBG-CV)
Subrogation Agreement
This Subrogation and Assignment Agreement("Agreement") is made and entered into on this day of
120 ,by and between Monroe County, Florida (hereinafter referred to as
"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
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.
The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or the SBA
or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds," and any
Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient
agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a
DOB.If some or all of the Proceeds are determined to be a DOB,d-ie portion that is a DOB shall be paid to DEO, to
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.
Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers
for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include
but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional
documentation with respect to such consent,giving depositions,providing documents,producing record and other
evidence,testifying at trial and any other form of assistance and cooperation reasonably requested by DEO.
Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the
Subrecipient would be entitled to under any applicable CDBG-CV Program.
If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be
requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the
CDBG-CV Program,the Policies, any amounts received under the CDBG-CV Programs that are DOB Proceeds
and/or any rights thereunder, and to take, or cause to be taken, all actions and to do,or cause to be done,all things
requested by DEO to consummate and make effective the purposes of this Agreement.
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
52
DocuSign Envelope ID:CC8D65B6-356A-4D2D-B762-C2C5941AAE4F
11:ocuuSign Envelope 811:).CC'811:)65IB6-356A-411:b211:--IB762..C2C5941AAE411::
Attach
CV
nent
......... ...............................
Su ame::iprrie:mnt would have received if such DOB Proceeds had been considered in the calculation of Submeciprriemnt's
award.
In the event that the.Su:ubrreci<paie nt receives or is scheduled to receive any subsequent Proceeds,Sub recipient ntl shall pray,
such subsequent Proceeds directly to DE10,and ICI 10 will determine the amount,unnt,if any,of such subsequent Proceeds
that are DOB Proceeds ("Subsequent DOB Proceeds"), Subsequent Proceeds in excess of Subsequent DOB Proceeds
shall be metnurrrneaf to the.Submecip'iemnt. Subsequent DOB Proceeds shall be disbursed as follows:
I. If the Submecipniemnt has received full payment of the Grant Proceeds,any Subsequent uennt 130B Proceeds shall be
retained by I:::uE0.
2. If the Submecip tent has received no payment of the Grant Proceeds, any Subsequent 130B Proceeds shall be used by
I: F,0 to rrea:fuce payments of the: Grant Proceeds to the Sub.irecipiernt:.,and all Subsequent➢.: 0113 Proceeds shall be
metn.arrrrmed to the Subrreciprrierrnt.
3. If the Subrecipaiennt has received a portion n of the Grant P.ii:oceeds,any Subsequent I7(:: B Proceeds shall be used,
retained and/or disbursed in the following order: ('#) Subsequent DOB B Proceeds shall first be used to reduce the
remaining payments of the Grant Proceeds, and Subsequent I::)C:'>I3 Proceeds in such amount shall be returned to the.
Saubmecipnemnt; and (13) any rrer naimnimng Saubsegtiemnt DOB Proceeds ds shall be retained by DIi 0,
4. If llDIi'0 makes the determination n that that Subrreciproiemnt does not qualify to participate in the (.;DBG-CV Program or
than Submecipuie nt determines not to participate in the 6, :p:B('-p-t V flroa;xamrn,the Suufaseepuennt.DOB Proceeds shall be.
rrettarr•rrned to u the Stibrecipzierrnt, and this Agreement shall terminate,
Once I F'0 has mece)vemed anarnotmmnt equal v.)the Grant.I�soceed s paid to Submecipuiemut:,D. 0 will reassip,rn to
Suuubrrecnprrnerrnt any rights assigned to I:`tlpl 0 p-an.u.rrsv:uarrnt to this Agreement.
nt:.
Suuahrreciprriennt represents that:all statemtne.nat^;and representations made by Submecipaienut regarding Proceeds received by
Sub.rec.ipaiemnt shall be true arid correct as of the date of the signing of this Agreement.
Warning. Any person who intentionally or. knowingly makes as false clannn or staterrnnennt to I-IUD may be subject to civil
or criminal penalties ra ndem 18 U..J,S,(1 287, 1001 and 31 UJ.S.(1 3729.
"The person executing this A.p reemmemnt:on behalf of the Subrecipnierit hereby represents that he\she has received,read,
and understands this notice of penalties for rrna king a false claim or statement regarding Proceeds received by.
Siabrr ecipa.i,ent.
In auy°proceeding to ennfar,m(:e this zkgreemmaeut,Tl)IFvO shall be entitled to recover all costs of enforcement,i.rcncluudirrng
actual attorrney's fees.
orrnroe A
Board of C my orrarranssioners Department of E..p' ;onlr to Opportunity
° 1) Signed by1
l 1/18/2023
By: ao � fate. 7 By Date-
". n ".,.." 52BQB83G1�2F445.. ....... ...... ^^^"
(AuuthorV.cd Ss nature) (Authclv.zed Znmature
Craig Cares Narnne: Meredith Ivey
ACTING
I lhfay'oyr title": SECRETARY f- -
aadok„Clerk
s lme . a e,
piety("lerk p�qµ
D 9,&F&$;)E OW:;„m0..A�eAT"4A�e..V TOORINE OF ME AF"PROVED AS TO F0FW ..+.,✓�
TA"T COUNTY ATTORNEY
DAl
SELECTION COMMITTEE EVALUATION SHEET
Virtual Primary&Urgent Care Services
Scoring Criteria Point Range Advanced Urgent Care Care ATC First Stop Health ReviveHealth,Inc. Sanitas Zenova Telehealth,LLC
1.Financial and Contractual Assessment(Technical 0 to 50 100 116 139 105 94 96
Assessment)
2.Ability to Provide Scope of Services 0 to 30 75 77 88 75 60 65
3.Compliance with RFP Specifications 0 to 30 25 17 27 25 16 19
4.Prior experience with government clients/references 0 to 5 12 7 12 10 10 12
5.Location of firm(local preference if applicable--up to 5
0 to 15 5 3 3 5 5
points)
Total Score(out of max.100 points): 100
227 222 269 218 185 197
RANK 2 3 1 4 6 5
Signed: } Digitally signed by Gina
lint
Gina M i n lZ Date?2026.05.06
09:30:39-04'00'
Digitally signed by Bryan
Cook
Bryan Cook Date:2026.05.06
09:58:26-04'00'
Digitally signed by Natalie
Natalie
Maddox
Date:2026.05.06
Maddox
10:27:48-04'00'
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
VIRTUAL PRIMARY & URGENT CARE SERVICES
IN MONROE COUNTY, FL
re' -,Z �,
BOARD OF COUNTY COMMISSIONERS
Mayor, Michelle Lincoln, District 2
Mayor Pro Tem, David Rice, District 4
Craig Cates, District 1
Jim Scholl, District 3
Holly Merrill Raschein, District 5
COUNTY ADMINISTRATOR
Christine Hurley
CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES
Kevin Madok Employee Benefits
March 11, 2026
1 of 33
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Thursday, April 16, 2026, at 3:00 P.M., the Monroe County
Purchasing Office will receive and open sealed responses for the following:
Virtual Primary & Urgent Care Services
Monroe County, Florida
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www,floridapublicnotices.com, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from the County's electronic
bidding platform at https://monroecounty-fl.bonflrehub.com OR www.monroecounty-fl.gov/BonfireBids.
The Public Record is available upon request.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform. Please
do not e in a i 1, mail or attempt to deliver in person any sealed bids. Emailed/mailed/physically delivered
bids/proposals/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire electronic
bidding platform at https://monroecounty-fl.bonfirehub.com, no later than 3:OOP.M. on June 30,2026. There
is no cost to the bidder to use the Bonfire platform.
Please do not submit your confidential financial information as part of your proposal. There are separate
uploads for each set of documents, including confidential financial information. All proposals will be made
public on the platform after an intended decision or 30 days, whichever is earlier, unless the bids/proposals
are rejected in accordance with F.S. 119.071. If your proposal document includes financial information, that
information will not be considered confidential and will be available and viewable to the public in accordance
with public records law.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Thursday,
April 16, 2026. You may call in by phone or internet using the following:
Join Zoom Meeting
https://mcbocc.zoom,us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833„4509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates
Keys Citizen: Sat., March 14, 2026
Keys Weekly: Thur., March 19, 2026
News Barometer: Fri., March 20, 2026
2 of 33
TABLE OF CONTENTS
SECTION ONE - INSTRUCTIONS TO PROPOSERS
SECTION TWO - BACKGROUND INFORMATION
SECTION THREE- PRESENT INFORMATION AND COUNTY FORMS
SECTION FOUR - EVALUATION CRITERIA
SECTION FIVE - REQUESTS FOR ADDITIONAL INFORMATION
SECTION SIX - CONTENT OF SUBMISSION
SECTION SEVEN - FORMAT
SECTION EIGHT - COPIES OF RFP DOCUMENTS
SECTION NINE - STATEMENT OF PROPOSAL
SECTION TEN - DISQUALIFICATION OF PROPOSER
EXHIBITS: EXHIBIT A SCOPE OF SERVICES
EXHIBIT B QUESTIONNAIRE
EXHIBIT C DRAFT AGREEMENT
3 of 33
SECTION ONE: INSTRUCTIONS TO PROPOSERS
1. Objective of the Request for Proposals (RFP)
The Monroe County Board of County Commissioners wishes to evaluate the marketplace and
find a cost-effective, innovative Virtual Primary Care Services (including Mental Health) and
24/7 Urgent Care Services to supplement Monroe County's self-funded medical (Florida Blue)
and pharmacy program (Capital Rx).
Monroe County understands the importance of preventive care and mental health and wishes to
be aligned with a leading Virtual Primary Care Services to greatly enhance and increase access
to care for Monroe County employees, retirees, and their dependents. Primary Care providers are
the initial point of contact for members, and it is important that members have the ability to build
a relationship with their primary care provider. Of critical importance to Monroe County, is a
virtual care model which promotes continuity of care, allowing members the opportunity to
experience consistent care from the same providers. Primary Care providers should have a
medical license and be properly licensed to practice medicine in the state of Florida, at
minimum. Proposers with active, unrestricted licenses in multiple states are preferred. The
desired services should be an established platform with superior technology including
integrated communication channels with telephonic, video, chat and text services allowing
members to utilize various methods of communication. Further, the platform should include an
Electronic Medical Record system (EMR) used in all interactions to keep a consistent record of
each patient's medical history. Moreover, the Proposer should employ at least 80% of its
primary care providers as W-2 employees, thus displaying an organizational commitment to
providing consistent medical care to Monroe County employees, retirees and their families.
Providers should be well versed in care availability throughout Monroe County and other South
Florida counties (Miami-Dade, Broward, Palm Beach and Collier) in order to best refer members
to needed specialty care as appropriate.
Monroe County also wishes for the vendor to be able to provide Urgent Care visits.
In addition, the Proposer should have the following capabilities:
• 24/7 accessibility for Urgent Care visits.
• Access to Mental Health Providers as needed with consistent accessibility to the same
Mental Health Provider.
• Online platform including but not limited to patient access to set appointments, review
medical records and retrieve test results. Platform should be mobile accessible.
• Provide all services at a PEPM cost with no claims being filed with the medical/pharmacy
carrier and no additional co-pays, deductibles or out of pocket costs for the member.
• Provide performance guarantee for these services.
• Proven marketing strategy to promote adoption and utilization of these services,
including placing fees at risk to guarantee utilization levels.
• Provide in-person and virtual educational sessions as requested by Monroe County to
include in-person health fair attendance, wellness events, open enrollment meetings,
etc. Approximately ten(10) in-person meetings per year.
The selected Proposer should be familiar with the plan benefits and local network to properly refer
members to any in-person follow-up care that may be needed following the virtual visit. Proposers must
demonstrate that they can effectively coordinate care with other service providers, refer members to
appropriate follow-up in-person care if needed, follow up with members to ensure follow-up care has
been completed and maintain medical records for all care referred.
4 of 33
Monroe County anticipates that this contract will be awarded for an effective date of October 1,
2026. Monroe County desires an initial contract term of twenty-four (24) months and the
County may elect to renew for up to one (1) additional consecutive twenty-four (24) month
term. The contract term will be dependent upon the acceptability of performance guarantees,
coverage, service, provider stability, cost and market conditions.
Calendar
Date Activity
March 12, 2026 RFP Release Date
March 23, 2026 Deadline for Vendor Questions — 5:00 PM
March 31, 2026 Addendum Release Date
April 16, 2026 Bid Opening — 3:00 PM. No late bids will be accepted
TBD Selection Committee Ranking Meeting
TBD Finalist Interviews (if necessary)
June 10, 2026 Monroe County BOCC Meeting — Approval to negotiate
contract
July 15, 2026 Monroe County BOCC Meeting, Approval of contract
October 1, 2026 Contract Effective Date
NOTICE OF POSSIBLE INTERVIEW
Monroe County may wish to interview finalists. If a meeting to interview finalists is
held, it will be conducted by Zoom in May 2026, after the Selection Committee
Ranking meeting. Proposers who are to be invited for finalist interviews will be
notified at least two (2) weeks in advance of the meeting. Specific instructions
including Zoom information will be distributed at that time. Staff present should
include all key staff with direct client responsibilities for Monroe County, as well
as an individual who is authorized to contractually obligate the firm.
2. Background Information
Monroe County is a non-charter County and a political subdivision of the State of
Florida. The County population is over 80,000. The Board of County Commissioners,
constituted as the governing body, has all the powers of a body corporate, including the
powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey
real estate and personal property; to borrow money and to generally exercise the
powers of a public authority organized and existing for the purpose of providing
community services to citizens within its territorial boundaries. In order to carry out this
function, the County is empowered to levy taxes to pay the cost of operations.
Monroe County is the southernmost County in the United States. It is comprised of the
Florida Keys and a portion of the Florida Everglades. The Florida Keys are an
archipelago of islands stretching from Key West, only 90 miles from Cuba, up to the
mainland. In addition to the unincorporated County, there are five municipalities in the
Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada.
Further information about the demographics of the County can be found here:
htti)://www.monroecounty-fl..qov/index.asl)x?NID=27 .
5 of 33
Approximately one-third of the population is situated in the City of Key West, which is
the County seat; however, the County offers services throughout the Keys, and has
government buildings throughout the Lower Keys (primarily Big Pine Key), Middle Keys
(primarily Marathon), and Upper Keys (primarily Plantation Key and Key Largo) in
addition to Key West, with employees stationed in all locations.
3. Present Information
Monroe County currently offers two self-insured medical plans to its employees,
retirees, and dependents, including surviving spouses. . The anniversary date for the
plan year is January 1. Premiums for active employees may be paid on a pretax basis
through the County's Section 125 Plan. Premiums for Retirees and Surviving Spouses
are collected by the County. The Administration Fee is paid by the County on a monthly
basis.
Coverage is currently tracked by Active Employees, Retirees, COBRA, and Surviving
Spouses for the following groupings:
• The Board of County Commissioners;
• The Clerk of the Circuit Court;
• Tax Collector;
• Property Appraiser;
• Supervisor of Elections;
• Sheriff's Office;
• Land Authority, and;
• Court Administration.
Domestic Partners are included as dependents and are considered and treated
same a spouse designation.
The Monroe County health plan currently covers approximately 2300 total members.
Of these, approximately 1300 are active employees, with the remainder being retirees
and dependents.
Compensation: Proposer shall be in compliance with Section 624.428, Florida
Statutes. If any commissions and/or service fees are included in your rate quotation,
you shall specify the amount of the commissions and/or service fees, to whom they may
be paid and your reason(s) for including them.
The Monroe County Board of County Commissioners has engaged an independent
consultant, Gallagher Benefit Services, Inc. to develop the RFP, provide analysis of
Proposals to the Selection Committee with regard to the RFP, and to assist in explaining
the technical components of the Proposals.
Please note that any entity and/or person who participated in the drafting of this
RFP is disqualified from submitting a proposal in response to this RFP or
receiving a commission as a result of the award of a contract for services arising
out of this RFP.
6 of 33
4. Evaluation Criteria
A Selection Committee will be convened to review the Proposals and recommend which
Proposer should be selected for the project. The successful Proposer will be selected based
on the following criteria.
Financial and Contractual Assessment (Technical
Assessment)
Professional evaluation conducted by Actuarial firm 50 points
analyzing the information in Exhibit B, including:
1. Contract terms and financial
2. Questionnaire
Ability to provide the Scope of Services. The points 30 points
for this criterion will be assigned based on both the
responses/compliance to the Scope of Services and the
overall information included in the Proposal, including
the information in Exhibit A and Exhibit B. This criterion
will evaluate both quantitative and qualitative
information including but not limited to:
• Acceptance of County Contractual Requirements
• Termination clauses in the contract
• Indemnification language
• Client Management support
• Member support
• Ability to integrate accumulator data with Medical
TPA.
Compliance with RFP Specifications (responsiveness, 10 points
submission of required forms, follows required format,
etc.)
Prior experience with government clients/references 5 points
Location of firm (local preference if applicable: up to 5 5 points
additional points)
Total points earned are on a scale of 1 — 100 points
1 = lowest 100 = highest
A Selection Committee will be analyzing the Proposals, reviewing the Contractual Assessment,
and providing recommendations to the County Administrator who will ultimately make a
recommendation to the Board of County Commissioners regarding which Proposer should be
hired.
7 of 33
5. Requests for Additional Information or Clarification
Requests for additional information or clarification relating to the specifications of this
Request for Proposals shall be submitted in writing directly to:
Natalie Maddox, Sr. Employee Benefits Administrator
1100 Simonton Street, Suite 2-268
Key West, Florida 33040 Facsimile (305)292-4452
Email:maddox-natalie@monroecounty-fl.gov
All requests for additional information for, including questions with regard to
Exhibit C — Draft Agreement , must be received no later than 5:00 PM, March 23,
2026.
Any requests received after that date and time will not be answered.
All timely requests for additional information will be answered via an addendum to the
RFP, which shall be distributed to all interested Proposers on the schedule listed above.
Oral requests will not be answered.
All addenda are a part of the contract documents and each Proposer will be bound by
such addenda, whether or not received by him/her. It is the responsibility of each
Proposer to verify that he/she has received all addenda issued before responses are
opened.
6. Content of Submission
The Proposal submitted in response to this Request for Proposals (RFP) shall be
submitted as instructed in the RFP documents. Proposers are responsible to access
and review the County's specifications as well as the specific RFP instructions for the
submission of Exhibit C — Draft Agreement .
The Proposer should not withhold any information from the written response
in anticipation of presenting the information orally or in a demonstration, since oral
presentations or demonstrations may not be solicited. Each Proposer must submit
adequate documentation to certify the Proposer's compliance with Monroe County's
requirements. Proposer should focus specifically on the information requested.
Responses shall be organized as indicated below.
7. Format.
Each proposal will consist of two sections: (a) a Non-Technical Proposal,
consisting of responses to tabs 1-6 outlined below, and (b) a Technical Proposal,
consisting of responses to Exhibit B.
The Non-Technical Proposal shall include the following:
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A. Cover Page,
A cover page that states "Request for Proposals for Virtual Primary Care Services".
The cover page should contain Proposer's name, address, telephone number, and
the name of the Proposer's contact person(s).
B. Table of Contents
The Table of Contents shall be sufficiently detailed to allow for the members of the Selection
Committee to easily locate all the required components of the Proposal.
C. Tabbed Sections
Tab 1. Letter of Transmittal
The Proposer shall provide a letter confirming that the Proposal is an authorized offer by
the Proposer and shall list the names of the persons who will be authorized to make
representations for the Proposer, their titles, addresses and telephone numbers.
Tab 2. Minimum Qualifications
Proposer shall provide a statement addressing each item below and supply
evidence in this Tab that demonstrates compliance with the minimum
qualifications.
• The Proposer shall be licensed in the State of Florida to provide the requested
services.
• The Proposer shall provide a minimum of five (5) customer references for which
they have provided Virtual Primary Care Services within the past three (3) years.
It is preferred that at least two(2) of these references are from other City or County
governments of a similar size. Each reference at a minimum shall include:
o Name and full address of the client;
o Name, address, title, and telephone number of the client contact;
o Identification of services provided, including years for which the services
were offered
The Proposer shall include at least three (3) letters of reference from clients which
describes the services performed and the client's satisfaction with the services
provided. Letters of reference are preferred, however, if the Proposer desires to include
surveys completed by clients regarding the service of the Proposer, they will be
considered. Documents from governmental/public entity clients are preferred. Copies
are acceptable.
Only those Proposers who provide references along with their Proposal will be
awarded points.
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Tab 3. Scope of Services
Please include your completed Exhibit A— Scope of Services under this Tab.
If your response indicates that you "can comply with deviations", you must fully explain
the deviations in this Tab.
Tab 4. Staffing for this Project and Qualifications of Key Personnel
The Proposer shall briefly describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of persons with
an interest in the firm.
Proposer shall include a list of the proposed staff that will perform the work required and
shall identify any sub-contractors that will be used, if awarded this contract.
The Proposer shall describe the qualifications for each employee on the project team and
identify his/her role on the team. If sub-contractors are to be utilized, Proposer must
clearly specify the role of each sub-contractor and provide evidence of their qualifications.
Include in this section the location of the main office and the location of the office proposed
to work on this project.
Tab 5. Litigation
In accordance with Section 2-347(h) of the Monroe County Code, the
Proposer must provide the following information:
(1) A list of the person's or entity's shareholders with five (5) percent or
more of the stock or, if a general partnership, a list of the general
partners; or, if a limited liability company, a list of its members; or, if a
solely owned proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if
different, the number of years it has been providing the services,
goods, or construction services called for in the bid specifications
(include a list of similar projects);
(4) The number of years the person or entity has operated under its
present name and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously
owned, operated or directed by any of its officers, major
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shareholders or directors, ever failed to complete work or
provide the goods for which it has contracted? If yes, provide
details;
b. Are there any judgments, claims, arbitration proceeding or suits
pending or outstanding against the person, principal of the
entity, or entity, or any entity previously owned, operated or
directed by any of its officers, directors, or general partners? If
yes, provide details,
c. Has the person, principal of the entity, entity, or any entity
previously owned, operated or directed by any of its officers,
major shareholders or directors, within the last five (5) years,
been a party to any lawsuit, arbitration, or mediation with regard
to a contract for services, goods or construction services similar
to those requested in the specifications with private or public
entities? If yes, provide details,
d. Has the person, principal of the entity, or any entity previously
owned, operated or directed by any of its officers, owners,
partners, major shareholders or directors, ever initiated litigation
against the county or been sued by the county in connection
with a contract to provide services, goods or construction
services? If yes, provide details;
e. Whether, within the last five (5) years, the owner, an officer,
general partner, principal, controlling shareholder or major
creditor of the person or entity was an officer, director, general
partner, principal, controlling shareholder or major creditor of
any other entity that failed to perform services or furnish goods
similar to those sought in the request for competitive solicitation.
f. Credit references (minimum of three), including name, current
address and current telephone number.
g. Financial statements for the prior three years for the responding entity
or for any entity that is a subsidiary to the responding entity; and
h. Any financial information requested by the county department involved
in the competitive solicitation, related to the financial qualifications,
technical competence, the ability to satisfactorily perform within the
contract time constraints, or other information the department deems
necessary to enable the department and board of county
commissioners to determine if the person responding is responsible.
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Tab 6. County Forms
Proposer shall complete, execute, and attach the forms specified below
which are located in Section Three in this RFP, as well as a copy of a
business tax receipt from the Tax Collector's Office and shall include it in
this section, i.e. Tab 6:
Forms:
• Submission Response Form
• Lobbying and Conflict of Interest Ethics Clause
• Non-Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Vendor Certification Regarding Scrutinized Companies
• Affidavit Attesting to NonCoercive Conduct for Labor or Services
• Foreign Entities Affidavit
• Any Proposer claiming a local preference as defined in Monroe
County Ordinance 023-2009 must complete the Local Preference
Form and attach to the Proposal.
8. COPIES OF RFP DOCUMENTS
A. Only complete sets of RFP Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at
the locations stated in the Notice of Request for Competitive Solicitations.
C. Each Proposer is responsible for obtaining all Addenda for this RFP and
for acknowledging receipt of all Addenda on the RESPONSE FORM.
9. PROPOSAL SUBMISSION
See instructions in Notice of Request for Competitive Solicitation.
SERVICES It is the sole responsibility of each Proposer to ensure its Proposal is
received in a timely fashion.
10. DISQUALIFICATION OF PROPOSER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the Proposers,
the proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future proposals for the
same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may
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not submit a proposal on a contract to provide any goods or services to a
public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not
submit Proposals on leases or perform work as a contractor, supplier,
subcontractor, or contractor under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list. Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed DRUG-
FREE WORKPLACE FORM and submit it with his/her proposal. Failure to
complete this form in every detail and submit it with the bid or proposal
may result in immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any
person submitting a bid or proposal in response to this invitation must
execute the enclosed LOBBYING AND CONFLICT OF INTEREST
CLAUSE and submit it with his/her bid or proposal. Failure to complete
this form in every detail and submit it with the bid or proposal may result
in immediate disqualification of the bid or proposal.
11. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract
documents, and inform himself/herself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost,
progress, or performance of the work to be performed under the contract.
Ignorance on the part of the Proposer shall in no way relieve him/her of the
obligations and responsibilities assumed under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions
from, the specifications, or should he be in doubt as to their meaning, he
shall at once notify the County.
12. GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, professional license requirements
and regulations that in any manner affect the work. Knowledge of business tax
requirements for Monroe County and municipalities within Monroe County are the
responsibility of the Proposer.
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13. PREPARATION OF RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the
space provided for the signature. If the Proposer is an individual, the words "doing
business as ", or "Sole Owner" must appear beneath such signature. In the
case of a partnership, the signature of at least one of the partners must follow the firm
name and the words "Member of the Firm" should be written beneath such signature. If
the Proposer is a corporation, the title of the officer signing the Response on behalf of
the corporation must be stated along with evidence of his authority to sign the
Response must be submitted. The Proposer shall state in the response the name and
address of each person having an interest in the submitting entity.
14. MODIFICATION OF RESPONSES
Written modifications will be accepted from Proposers if uploaded in the manner
indicated in the Notice of Request for Competitive Solicitation and received prior to
Proposal due date and time. Modifications must be marked clearly with the words
"MODIFICATION TO VIRTUAL PRIMARY CARE SERVICES."
15. RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by Monroe County.
16. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Proposers' names shall be read aloud at the appointed time and place stated in the
Notice of Request for Competitive Solicitation. Monroe County's representative
authorized to open the responses will decide when the specified time has arrived and
no responses received thereafter will be considered. No responsibility will be attached
to anyone for the premature opening of a response not properly addressed and
identified. Proposers or their authorized agents are invited to be present.
Monroe County reserves the right to reject any and all responses and to waive
technical error and irregularities as may be deemed best for the interests of the
County. The County also reserves the right to withdraw the Request for Competitive
Solicitation at any time without an award. Responses that contain modifications that
are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the
Instruction to Proposer, may be rejected at the option of the County.
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17. PROPRIETARY AND CONFIDENTIAL INFORMATION
All Proposals received as a result of this RFP are subject to Chapter 119, Florida
Statutes and will be made available for inspection by any person in accordance with
Florida Statutes. Any Proposer asserting that any portion of its Proposal is confidential
or exempt from disclosure under Florida's public records laws must specifically
identify the portions of the Proposal asserted to be confidential or exempt and must
upload it as a separate document within Bonfire.
All material that is designated as confidential or exempt from Chapter 119 must be
uploaded separately from the primary Proposal. The title of the document must
clearly state "Confidential Financials" or another similar title, and must be clearly
identified as "PUBLIC RECORDS EXEMPT" with your name and the Proposer's
name marked on the document. If that material is requested through a public records
request, the County will notify the Proposer of the request and give the Proposer five
(5) calendar days to obtain a court order blocking the production of the material. If court
order is not issued during that time to block the production, the material will be
produced.
By your designation of material in your Proposal as "Public Records Exempt", you agree
to defend and hold harmless the County from any claims, judgments, damages, costs,
and attorney's fees and costs of the challenger and for costs and attorney's fees incurred
by the County by reason of any legal action challenging your designation.
Please be advised that the designation of an item as exempt from disclosure as a Public
Record may impact the ability of the Evaluating Body to adequately assess a Proposal
and may therefore affect the ultimate award of the contract.
18. AWARD OF CONTRACT
A. Monroe County reserves the right to award separate contracts for the services
based on geographic area or other criteria, and to waive any informality in any
response, or to re-advertise for all or part of the work contemplated.
B. Monroe County also reserves the right to reject the response of a Proposer who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
C. The recommendation of the Selection Committee and staff shall be presented to
the Board of County Commissioners of Monroe County, Florida, for final
selection and award of contract.
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19. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen
(15) day period, the contract may be awarded to the next selected Proposer. Policies
shall be written by companies licensed to do business in the State of Florida and having
an agent for service of process in the State of Florida. Companies shall have an A.M.
Best rating of VI or better. The required insurance shall be maintained at all times while
Proposer is providing service to County.
Worker's Compensation
Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $100,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability.
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20. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold
harmless the County as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage,
including damage to property owned by Monroe County, and any other losses,
damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by
the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or
other wrongful act or omission of the Proposer, its Subcontractor(s), their officers,
employees, servants or agents.
In the event that the service is delayed or suspended as a result of the
Proposer/Vendor's failure to purchase or maintain the required insurance, the Vendor
shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for
the indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
21. EXECUTION OF CONTRACT
The County intends to make an award to the Proposer that has complied with the terms,
conditions and requirements of the RFP. Any agreement resulting from this RFP must
be governed by the laws of the State of Florida, and must have venue established in the
State of Florida. The agreement will be submitted to the Monroe County Board of
County Commissioners for final approval.
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SECTION TWO: COUNTY FORMS AND INSURANCE FORMS
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18 of 33
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Purchasing Department
❑I acknowledge receipt of Addenda No.(s)
I have included:
• Submission Response Form ❑
• Lobbying and Conflict of Interest Clause ❑
• Non-Collusion Affidavit ❑
• Drug Free Workplace Form ❑
• Public Entity Crime Statement ❑
• Vendor Certification Regarding Scrutinized Companies ❑
• Affidavit Attesting to Non-Coercive Conduct for Labor or Services ❑
• Local Preference Form(if applicable) ❑
❑I have included a current copy of the following professional and occupational licenses:
If the applicant is not an individual (sole proprietor), please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on Www.sunbiz.org).
Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by
Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the
Florida Department of State, Division of Corporations.
Mailing Address: Telephone:
Fax: Date
Signed: Witness:
(Print Name)
(Title)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ online notarization,
on (date)by (name of affiant). He/She
is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
71
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf
any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the County may, in its discretion, terminate
this Agreement without liability and may also, in its discretion, deduct from the Agreement
or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization,
on (date) by (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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NON-COLLUSION AFFIDAVIT
I, of the city of according to
law on my oath, and under penalty of perjury, depose and say that
1. 1 am of the firm
of the bidder
making the Proposal for the project described in the Request for Proposals
for and that I executed
the said proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any
other person, partnership or corporation to submit, or not to submit, a bid for
the purpose of restricting competition;
5. The statements contained in this affidavit are true and correct, and made
with full knowledge that Monroe County relies upon the truth of the
statements contained in this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization,
on (date) by (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace and specifying the actions that will be taken against employees
for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer
of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter
893 (Florida Statutes) or of any controlled substance law of the United States or
any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization,
on (date) by (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Proposer's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization,
on (date) by (name of affiant).
He/She is personally known to me or has produced
NOTARY PUBLIC
My Commission Expires:
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VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number Email Address:
Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering into
or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is
on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is
engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company from bidding on,
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that
are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is
engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the
Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized
Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List,or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject
company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the COUNTY
may be terminated,at the option of the COUNTY,if the company is found to have submitted a false certification or
has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to sign on
behalf of the above referenced company.
Authorized Signature:
Print
Name:
Title:
Note: The List are available at the following Department of Management Services Site:
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un<atoms comruplauints veru for lists
24 of 33
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
(Name and Title)
Address:
City: State: Zip:
Phone Number:
Email Address:
As a nongovernmental entity executing, renewing, or extending a contract with a government entity,
Vendor
is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion
for
labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person
without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and nature
of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03
to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor
does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor
has reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
Certified By: , who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
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FOREIGN ENTITIES AFFIDAVIT F.S. 287.138
I, of the city of according to law on my
oath, and under penalty of perjury, depose and say that:
a. I am of the firm of
("Entity"), the bidder
making the Proposal for the project described in the Request for Proposals for Virtual
Primary Care & Urgent Care Services, and that I executed the said proposal with full
authority to do so.
b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the
government of a Foreign Country of Concern, as that term is defined in F.S. 287.138,
is not organized under the laws of nor has its Principal Place of Business in a Foreign
Country of Concern, and the government of a Foreign Country of Concern does not
have a Controlling Interest in the entity.
c. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization,
on (date) by (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of,
in connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of
omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
27 of 33
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the Contractor's Excess
Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
28 of 33
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall purchase and maintain, throughout
the life of the contract, Professional Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or any
error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per occurrence/$2,000,000 aggregate
30 of 33
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting on the advice of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has not
been granted the authority to waive this provision.
and
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements. If
a waiver or a modification is desired, a Request for Waiver of Insurance Requirement
form should be completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal
with the County Administrator or the Board of County Commissioners, who retains the
final decision-making authority.
31 of 33
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
PROPOSER SIGNATURE
32 of 33
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Sec. 2-349, Monroe County Code must complete
this form.
Name of Proposer/Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the
goods or services being offered to Monroe County? The physical business
address must be registered with the Florida Department of State as its principal place of business
for at least one year prior to the notice of request for bids or proposals. (Please furnish copy of
Florida Department of State Detail by Entity Name sheet showing Principal Address)
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1. Copy of receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for Bidder/Responder:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me,by means of❑ physical presence or ❑ online notarization,
on (date)by (name of affiant). He/She
is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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Exhibit A: Scope of Services
Scope of Services&Performance Specifications: The scope of services&performance specifications
listed are requested as part of the RFP. By providing a proposal, Proposer agrees to comply with the
Scope of Services & Performance Specifications. Proposers are instructed to indicate a response to ALL
service requirements below and specifications contained in this section in the order listed using the same
numbering system. If the Proposer leaves the response section(s)blank, it shall indicate that the Proposer
agrees and fully complies with each Scope of Services & Performance Specifications of the RFP.
The inability or denial expressed in a proposal,or omission in the proposal,to offer to comply, comply with
deviations or not comply or provide with the technical requirements of this section of the RFP may result
in deductions in the allocation of points by the Selection Committee. Deviations to the Scope of Services
must be fully stated in this section of your proposal and may or may not be accepted by the Selection
Committee.
Scope of Services & Performance Specifications Yes, Can Yes, but with No,
Fully Comply Stated Cannot
Deviations Fully
Comply
1. Provide customer service lines with a 1-800 Area Code
for all members, including actives, and retirees.
2. Awardee is required to maintain compliance with
appropriate federal and state statutes.
3. Awardee agrees to provide a bilingual Customer
Service Representative or translation service at no
additional cost, if requested by Monroe County. In
addition, Awardee will provide all communication
pieces in English, Spanish and Haitian/Creole. State
which languages you are capable of providing.
4. Accept Monroe County's self-billing statement. Monroe
County each month will provide the total number of
employees.
5. Awardee should agree to supply Monroe County with
standardized reports upon request at no additional cost.
These reports will include, but will not be limited to,
member-specific information, member enrollment
information and/or number of services, by type of service
reports,to show utilization and participation.
6. Member marketing materials and other detailed coverage
outlines are to be supplied in hard copies and electronically,
in a timely manner, as requested by Monroe County.
7. Monroe County shall be given the opportunity to review and
approve all communication materials, including any direct
mailings.
8. Awardee agrees to provide an extension of 180 days
beyond the expiration date of the renewal period at the
same rates/fees as the previous 12-month period.
9. Awardee commits to maintain sufficient support to
service Monroe County and its members.
10. Awardee will provide communication materials as
requested and approved by Monroe County.
Page 2 of 2 Pages
11. Awardee must have systems that support timely
resolution of member complaints.
12. Provide a dedicated Account Manager who will have
the overall responsibility for managing Monroe
Count 's relationship.
13. Provide qualified personnel to attend in-person and
participate in meetings and wellness events as
needed.
14. All documents that will require signature by Monroe
County or its representative upon award must be
included with your proposal in signature ready format.
Any such documents that are not included with your
proposal will not be executed.
15. If selected as an Awardee, you will need to participate
in-person for open enrollment, health fairs, and
wellness events, as well as provide supplies/ materials
as needed for these events.
16. Confirm that the proposed fees are an all-inclusive flat
PEPM fee.
17. Confirm that Proposer has included performance
guarantees with fees at risk.
18. Confirm that at a minimum of 80% of the Proposer's
providers for the services offered are employed W-2
employees.
19. Confirm that Proposer has an online platform that can
support mobile capabilities, including viewing electronic
medical records, scheduling online appointments, chat,
video and telephonic methods of communication, etc.
20. Each recommended Proposer agrees to all terms and
conditions of Monroe County's Sample Agreement and
HIPAA Business Associate Agreement as stated in
RFP.
EXHIBIT B: QUESTIONNAIRE
Proposer's Relevant Experience, Qualifications, and Past Performance
Provide a brief (one page or less) history of your organization including ownership
structure and any other organization with which you are affiliated. This should include
any other or former name(s)the Proposer is currently operating under or has operated
under.
1. Detail any mergers/acquisitions and outcomes involving your organization, which
have occurred in the last 12-month period, and any which are planned for the next
24 months.
2. Company Profile:
A. Size of the organization. Show the personnel structure (flow chart).
B. The number of years in business.
C. The number of years of experience providing Virtual Primary Care Services.
D. State if the organization has operated under any other name(s).
E. Is the organization local, regional or national.
Location of Servicing Office:
3. Provide the location of the office for which services will be performed and the
number of staff employed at this location, including the name of each individual in
charge.
4. Describe the Proposer's past performance and experience in providing Virtual
Primary Care Services and Virtual Urgent Care Services within the last five (5)
years to agencies with 2,000 members or greater.
5. List and describe all bankruptcy petitions (voluntary or involuntary) which have
been filed by or against Proposer, its parent or subsidiaries, predecessor
organization(s), or any wholly owned subsidiary during the past three (3) years.
Include in the description the disposition of each such petition.
Page 1 of 10
Relevant Experience and Qualifications of Key Personnel, Subcontractors,
including Key Personnel of Subcontractors
6. Complete the following table with the proposed team that will service Monroe
County on a day-to-day basis. Include the number of staff that will be assigned to
this account. Example, the listed customer service manager will manage the
employees assigned to Monroe County. If individuals cannot be identified, indicate
title and number of employees that will be assigned.
Area of Name Title/ Years of Location Number Number of
Responsibil Position Experience of Staff
ity Accounts Assigned to
Monroe
County
Customer John Manager 10 Anytown, 3 5
Service Doe FL
7. Identify Subcontractors, if any. List the names and addresses of all first-tier
subcontractors and describe the extent of work to be performed by each first-tier
subcontractor. Describe the experience, qualifications, and other vital information,
including relevant experience on previous similar projects, of the Subcontractors
who will be assigned to this project.
Note: After proposal submission, but prior to the award of any contract issued as
a result of this Solicitation, the Proposer has a continuing obligation to advise
Monroe County of any changes intended or otherwise, to the key personnel
identified in its proposal.
Proposer's Approach to Providing the Services Requested in this Solicitation
8. Describe Proposer's specific project plan and procedures to be used in providing
the services stated in the Scope of Services.
9. Describe Proposer's approach to project organization and management, including
the responsibilities of Proposer's management and staff personnel that will
perform work on this project.
Page 2 of 10
10.Describe the Proposer's implementation process and provide a timetable showing
the start date and duration of all critical activities necessary to be ready for the
October 1, 2026 implementation. Be specific with regards to the following:
a. Implementation timeline
b. Names and titles of key implementation team members
c. Responsibilities of the Monroe County
d. Transition, if any, with the incumbent
e. Length of time the implementation team will be responsible for Monroe
County
f. Staff assigned to attend open enrollment/educational sessions at all Monroe
County locations, including virtual sessions
11.Provide in detail additional services, if any, not included the Scope of Services,
which Proposer is providing, or which Proposer can make available to Monroe
County at no additional cost.
Member Services
12.Identify the number of representatives and the language capabilities (English,
Spanish, Creole) within the Proposer's member services department which will
service Monroe County.
13.What is the average wait time for members to obtain a virtual appointment with a
provider? Indicate average appointment duration. Please complete table below.
Service Needed Wait-Time to Get a Average Duration of
Scheduled Appointment Appointment in
from Date of Request Minutes
Initial Primary Care Visit
Follow-up Visit Primary
Care Visit
Urgent Care Visit
Mental Health/Behavioral
Health Initial Visit
Mental Health/Behavioral
Health Established
Patient Visit
14.Describe in detail how the Proposer will provide a dedicated customized website
that will meet the requirements listed Exhibit B Scope of Services.
Page 3 of 10
15.Identify Proposer's ability to provide quarterly workshops to Monroe County
employees.
Quality Assurance/Utilization Management
16.Provide a brief description of Proposer's procedures for the quality evaluation of
Primary Care Providers. Proposer's response should include:
a. The standards for provider selection.
b. The process for confirming the education, training, and licensure status of
provider applicants and other standards used in the selection process.
c. The ongoing efforts to monitor the performance of providers. How often are
providers re-evaluated according to the initial selection criteria.
d. The re-credentialing processes.
17.Describe the Proposer's process and procedure for participant selection of
providers, if selection is necessary, and explain how often participant may switch
providers.
18. Describe how Proposer performs member satisfaction surveys on a continuing
basis. Identify how often surveys are conducted and provide a copy of the most
recent survey results. Indicate whether Proposer utilizes the Net Promoter Score
(NPS)system of measurement and how it would be used for Monroe County. State
whether Proposer is willing to conduct client specific member satisfaction surveys
at no cost to Monroe County.
Exceptions
19.Identify if the Proposer has taken any exception(s) to the terms of this RFP. If so,
indicate what alternative is being offered and the cost implications of the
exception(s).
Scope of Services and Implementation Timeline
20.Confirm that you have read, understand and agree to each item outlined Scope of
Services. Yes No . Any deviations, exclusion or limitations to any items
outlined within Scope of Services, should be identified in the Scope of Services
Section. Any item not addressed will be considered as a response of understood
and agreed to with no deviations.
Page 4 of 10
Member Management
21.In the services you are proposing, would all household members have access to
services if residing with the enrolled employee or retiree? In your response
describe all requirements used to identify eligibility.
22.Describe how you would coordinate with Monroe County's other benefit providers
while servicing a member.
23.Complete the following table describing the type of providers that would be
available for Monroe County, their category and type of credential. Use your
current provider anel.
Type of Provider Credential Specialty Number of Providers
Primary Care MD Internist #
Physician
24.What is the process and timing for additional providers not currently employed by
your organization to be recommended? Can members nominate providers to be
added to the service? Yes No If yes, what is the process.
25.How many physicians have terminated from servicing in 2024, 2025 and YTD 2026
that failed to maintain credentialing standards and how many have been
terminated due to quality assurance or other reasons? How many voluntarily
terminated?
Issue 2024 2025 YTD 2026
Non-Voluntary —
Credentialing
Non-Voluntary —
Quality
Assurance
Voluntary
Page 5 of 10
Benefit Administration
26.Are you currently in the process of any system conversions (i.e. claim processing,
reporting tools, phone system, website, etc.)? Yes No . If yes, describe the
system, the changes and projected completion date. Are there any major changes,
upgrades, or modifications of your systems scheduled in the next thirty-six (36)
months? If yes, describe the product changes (i.e. enhancement, upgrades, etc.),
processes and procedures and implementation schedule.
27.How do you track member verbal and written complaints (exclude appeals)
received by your organization? Are you able to provide Monroe County with a
report on the number and types of complaints (both written and telephonic)
received in a calendar year for all members (total population) and Monroe County
members specifically? Yes No . Provide a sample report.
28.What were the reasons for the top 5 written and top 5 verbal complaints?
Processing and Member Services
29.Does your firm offshore any records retention, customer service or any other
services outside the United States? Yes No If yes, explain the services
being offshored. Do you have an option to maintain these services within the
United States? Yes No
30.Can your plan track and report on customer service activity such as number of
member interactions, type of interaction (i.e. telephone, video, chat, etc) hold times
and topic of interaction? Yes No . Provide a sample report.
31.Do members have the ability to call customer service to ask routine health
questions in order to triage their care such as a Nurse Line? Yes No If
yes, what are the days and hours of operation? Do you report utilization? Yes
No
32.Does your plan have a 24-hour toll free number for member services and provider
services? Yes No If no, what are the days and hours of operation?
Page 6 of 10
33.Describe the services and features members have access to:
Access/ Capability Dedicated Monroe Member Mobile App
County Website
Visit Records and Details
of Visit
Medical Records
Lab Results
Appointment Setting
Customer service
chat/mobile texting
24-Hour Nurse line
Links to Other Monroe
County Benefits
34.What other languages are available through your customer service unit?
35.What are your organization's target goals for the following metrics?
Member Service Target 2025 Actual YTD 2026 Actual
Goal Performance Performance
Average Speed of
Answer
Average Length of
Call
First Call Resolution
Rate
Call Abandonment
Rate
Wellness
36.Confirm you are willing to coordinate with Monroe County's wellness program and
any special initiatives that may require your assistance. Yes No . If no,
provide a description of your proposed wellness integration or coordination. All
Monroe County events are in person, virtually and/or onsite.
Page 7 of 10
Y/N Deviation
Coordinate and attend
health and wellness fairs
Provide access to online
wellness classes through a
mobile app
Publish monthly wellness
newsletters
Administer and attend
annual wellness events
Other
Cost Containment
37.Describe any services that you offer to support Women and Men's Preventive
Care. Include the program name and cost.
38.Are there any other cost containment program/services that you are offering? Yes
No If yes, describe the program/service and the overall benefits of the
program/service. Include the pricing.
Case Management
39.Provide the type of clinical staff members who will be assigned/dedicated to
Monroe County account for the following services.
Type of Primary Urgent Behavioral/Mental Other
Clinical Care Care Health
Staff
MD
DO
RN
LPN
Physician
Assistant
Psychologist
Licensed
Professional
Counselor
Clinical
Social
Worker
Other
Page 8 of 10
Behavioral Health
40.In one page or less, describe unique features of your behavioral health programs
that differentiate the programs from other competitors. Separately, provide optional
programs that can be elected and the cost of each program.
41.Will Monroe County members have access to 24-hour behavioral health crisis
intervention services? Yes No If no, what are the hours?
42.Will you provide education and educational material to Monroe County members
regarding available Behavioral Health/Substance Abuse/Other types of Addiction
programs? Yes No If yes, describe.
43.What percentages of your providers by provider type (MD/DO, PhD, LCSW, LMFT,
LMHC, ARNP, ABA, Other) offer evening and weekend access specifically for
Monroe County?
% with evening hours % with weekend access
MD/DO
RN
LPN
PA
PsyD
LCSW
LPC
Other
Reporting
44.Provide a table listing the standard reports that are available at no cost to Monroe
County. Please use the following format.
Report Frequency Provided
45.What are the cost and parameters for producing ad-hoc reports?
46.Describe any limitations you foresee in the transfer of utilization data to both
Monroe County and medical carrier (Florida Blue). Address how and frequency
of data transfer.
Page 9 of 10
47.Is your organization using Al to assist collecting and providing information during
any member interaction to customer service or other member or provider
interaction? Yes No If yes, can you explain how and in what areas Al is
assisting. If there are associated costs, they must be shown and described here.
48.Explain and provide any mobile apps that allow Monroe County's membership to
access all their medical records, testing results, provider records, etc. in one
location, with the ability to share data with other medical professionals. How is
this data maintained and updated? When a member leaves Monroe County or
retires are there any restrictions on the members access to this data or
limitations? Is there any cost associated to Monroe County or member? If there
are associated costs, they must be shown here.
49.Can your organization support Monroe County in incenting members or steering
care to high-quality, cost-effective in-network specialty providers? Yes No
If yes, can you track the utilization and provide reporting to Monroe County
and medical carrier?
Pricing, Performance Guarantees, Other Financial Incentives:
50.State the Per Employee Per Month (PEPM) pricing that you are willing to accept
for the services. $ Is this price flat fee, all-inclusive? If any costs
are not included within this price, explain the exceptions and what the prices will
be.
51.Are you willing to put an amount of the fee at risk if you (the vendor) do not
achieve a percentage utilization (performance guarantee)? If so, state: (a) what
amount of fee at risk; (b) target utilization numbers to be achieved (flat amount or
percentage of members); and (c) within what time periods (3 months, 6 months,
etc.).
52.Are you willing to agree to any other financial incentives? If so, explain in detail.
Page 10 of 10
EXHIBIT C: Draft Agreement
Following is a draft agreement that the County will expect the successful proposer to
sign. The County will be agreeable to reasonable modifications to the agreement.
MONROE COUNTY AGREEMENT FOR
VIRTUAL PRIMARY CARE SERVICES AND URGENT CARE SERVICES
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and
("CONTRACTOR"), whose address is
Section
CONTRACTOR shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services — Exhibit A — which is attached
hereto and made a part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY.
CONTRACTOR warrants that it is authorized by law to engage in the performance of the
activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The CONTRACTOR shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to
be provided. Contractor shall provide services using the following standards, as a
minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the services
required under the Agreement.
B. The personnel shall not be employees of or have any contractual relationship with
the County. To the extent that Contractor uses subcontractors or independent
contractors, this Agreement specifically requires that subcontractors and independent
contractors shall not be an employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, shall be authorized or permitted under federal, state and local
law to perform such services.
1
Section ® COUNTY'S
2.1 Provide all best available information as to the COUNTY'S requirements for the
scope of services described in Exhibit A to this Agreement.
2.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all
matters concerning said services.
2.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section
3.1 The initial term of this Agreement will be for twenty-four (24) months beginning on
October 1, 2026 ("Effective Date"). This Agreement shall be renewable at the County's
option for an additional term of twenty-four (24) months.
Section
Compensation to CONTRACTOR shall be $
Section
5.1 Payment will be made according to the Florida Local Government Prompt Payment
Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for
Monroe County (Clerk). The request must describe in detail the services performed and
the payment amount requested. The CONTRACTOR must submit invoices to the
appropriate offices marked The respective office
supervisor and the Director of Employee Services will review the request, note his/her
approval on the request and forward it to the Clerk for payment.
5.2 Continuation of this Agreement beyond one (1) fiscal year is contingent upon
annual appropriation by Monroe County Board of County Commissioners.
Section
6.1 The County may terminate this Agreement for cause should Contractor fail to
perform. Prior to termination for cause, the County shall provide Contractor with seven
(7) calendar days' written notice and provide the Contractor with an opportunity to cure
the breach that has occurred. If the breach is not cured, the Agreement will be
2
terminated for cause. If the County terminates this Agreement, County shall pay
Contractor the sum due for work performed under this Agreement prior to termination,
unless the cost of completion to the County exceeds the funds remaining in the
contract; however, the County reserves the right to assert and seek an offset for
damages caused by the breach.
6.2 The County may terminate this Agreement for convenience, at any time, upon
thirty (30) days' written notice to Contractor. If the County terminates this Agreement,
County shall pay Contractor the sum due for work performed prior to termination,
unless the cost of completion of the remaining work under the Agreement exceeds the
funds remaining in the contract.
Section ® CONTRACTOR'S
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his
response, and this Agreement and has made a determination that he/she has the
personnel, equipment, and other requirements suitable to perform this work and assumes
full responsibility therefore. The provisions of the Agreement shall control any
inconsistent provisions contained in the specifications. All specifications have been read
and carefully considered by CONTRACTOR, who understands the same and agrees to
their sufficiency for the work to be done. Under no circumstances, conditions, or
situations shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and
construed by COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by COUNTY of any of the services
furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict
compliance with the terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated
representatives may visit CONTRACTOR'S facility(ies) periodically to conduct random
evaluations of services during
CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
3
Section
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
To the COUNTY: Natalie Maddox
Sr. Employee Benefits Administrator
HIPAA Privacy Officer
1100 Simonton St., Suite 2-268
Key West, FL 33040
With a copy to: Monroe County Attorney's Office
1111 12t" St., Suite 408
Key West, FL 33040
To the CONTRACTOR:
Section
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement
and for five years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03 of the Florida Statutes, running from the date the monies were paid to
CONTRACTOR.
Section
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may,
in its discretion, terminate this agreement without liability and may also, in its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee.
4
Section
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on an Agreement with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017 of the Florida Statutes, for the
Category Two for a period of 36 months from the date of being placed on the convicted
vendor list.
Section ° GOVERNING 9 VENUE, INTERPRETATION,
COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
Section
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
Section '
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non-prevailing
party. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
5
Section
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, then any party shall have the right to seek such relief or remedy as may
be provided by this Agreement or by Florida law. This Agreement shall not be subject
to arbitration.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. The parties agree
to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil
Rights Act of 1964 (PL 88352), which prohibit discrimination in employment on the basis
of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
6
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523
and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201),
as amended from time to time, relating to nondiscrimination in employment on the basis
of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section ® NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
7
Section
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Pursuant to Section 119.0701, Florida Statutes, the contractor at all times must comply
with Florida public records law, specifically, to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
A request to inspect or copy public records relating to a COUNTY contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records,
the COUNTY shall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the COUNTY's request for records, the
COUNTY shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the COUNTY's option and right to unilaterally cancel this
contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who
fails to provide the public records to the COUNTY or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section 119.10,
Florida Statutes.
8
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE MONROE COUNTY CUSTODIAN
OF PUBLIC RECORDS, GAELAN JONES, AT
® , (305) 292-3470, 1111 12T" ST.,
KEY WEST, FL 33040.
Section
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any Agreement entered into by the COUNTY be required
to contain any provision for waiver.
Section
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees
of the COUNTY, when performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9
Section
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
Section
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, including, but not being limited to, a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement, Lobbying and Conflict of Interest
Clause, and Non-Collusion Agreement.
Section
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
Section
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section
32.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this
10
contract. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the
CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules; however CONTRACTOR is solely responsible to ensure that said
insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide
proof of insurance shall be grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract
until satisfactory evidence of the required insurance has been furnished to the COUNTY
as specified below. Delays in the commencement of work, resulting from the failure of
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and time,
except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced and/or termination of this Agreement and for
damages to the COUNTY. Delays in the completion of work resulting from the failure of
the CONTRACTOR to maintain the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the CONTRACTOR's failure
to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional
Insured" on all policies, except for Workers' Compensation (including Employers' Liability
and Professional Liability).
11
Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys'
fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR
or substantial and unnecessary delay caused by the willful nonperformance of the
CONTRACTOR and shall be solely responsible and answerable for any and all accidents
or injuries to persons or property arising out of its performance of this contract. The
amount and type of insurance coverage requirements set forth hereunder shall in no way
be construed as limiting the scope of indemnity set forth in this paragraph. Further the
CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to
the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its
work, plan, supporting data, and other documents prepared or compiled under its
obligation for this project, and shall correct at its expense all significant errors or
omissions therein which may be disclosed. The cost of the work necessary to correct
those errors attributable to the CONTRACTOR and any damage incurred by the
COUNTY as a result of additional costs caused by such errors shall be chargeable to
the CONTRACTOR. This provision shall not apply to any maps, official records,
contracts, or other data that may be provided by the COUNTY or other public or semi-
public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any,
shall be compensated for by the COUNTY by an extension of time for a reasonable
period for the CONTRACTOR to complete the work schedule. Such an agreement
shall be made between the parties.
12
Beginning January 1, 2021, every public employer, contractor and subcontractor shall
register with and use the E-Verify system to verify the work authorization of all newly
hired employees. By entering into this Agreement, the vendor certifies that it registers
with and uses the E-Verify system. If the contractor enters into a contract with a
subcontractor, the subcontractor must provide the contractor with an affidavit stating that
the subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the
contract.
Section �„ III°°Ill alllflh Illu uurarm e IPourtall li�" �� Illliify and Accouintablllity Act III°°III IIIII
Contractor shall comply with the terms and conditions of the Business Associate
Agreement, attached hereto as Exhibit B and made part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day of 2026.
(SEAL) MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Attest: KEVIN MADOK, CLERK
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date: Date:
(CORPORATE SEAL) (Name of Contractor)
ATTEST:
By By:
Title:
Date: Date:
13
Exhibit A
Scope of Services
Contractor shall provide the following services:
• Virtual care model, allowing Monroe County health plan members to receive
virtual care from primary care providers. Primary Care providers should
have a medical license and be properly licensed to practice medicine in the
state of Florida. At least 80% of the primary care providers will be W-2
employees of Contractor.
• Contractor shall provide an established platform with superior technology
including integrated communication channels with telephonic, video, chat
and text services allowing members to utilize various methods of
communication.
• The platform will provide an Electronic Medical Record system (EMR) used
in all interactions to keep a consistent record of each patient's medical
history.
• Contractor should employ at least 80% of its primary care providers as W-
2 employees, thus displaying an organizational commitment to providing
consistent medical care to Monroe County employees, retirees and their
families.
• Providers should be well versed in care availability throughout Monroe
County and other South Florida counties (Miami-Dade, Broward, Palm
Beach and Collier) in order to best refer members to needed specialty care
as appropriate.
• 24/7 Urgent Care virtual visits for all members.
• Access to Mental Health Providers as needed with consistent accessibility
to the same Mental Health Provider.
• Online platform including but not limited to patient access to set
appointments, review medical records and retrieve test results. Platform
should be mobile accessible.
• Provide all services at a PEPM cost with no claims being filed with the
medical/pharmacy carrier and no additional co-pays, deductibles or out of
pocket costs for the member.
• Provide performance guarantee for these services.
• Proven marketing strategy to promote adoption and utilization of these
services, including placing fees at risk to guarantee utilization levels.
• Provide in-person and virtual educational sessions as requested by
Monroe County to include in-person health fair attendance, wellness
events, open enrollment meetings, etc. Approximately ten(10) in-person
meetings per year.
• Contractor shall be familiar with the plan benefits and local network to properly
refer members to any in-person follow-up care that may be needed following the
virtual visit. Proposers must demonstrate that they can effectively coordinate care
with other service providers, refer members to appropriate follow-up in-person
care if needed, follow up with members to ensure follow-up care has been
completed and maintain medical records for all care referred.
14
EXHIBIT B
HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement ("Agreement") is entered into as of
2026 ("Effective Date") by and between Monroe County, Florida,
a business subdivision of the State of Florida ("Covered Entity"), and
, a formed under the laws of the State of
Florida and doing business within the State of Florida ("Business Associate").
RECITALS
WHEREAS, Business Associate provides certain services to Covered Entity that involve
the use and/or disclosure of Protected Health Information ("PHI"); and
WHEREAS, Covered Entity is a "covered entity" as defined in the Health Insurance
Portability and Accountability Act of 1996 ("HIPAX) and the regulations promulgated
thereunder;
WHEREAS, Business Associate is a "business associate" as defined in HIPAA and the
HIPAA Rules (as defined below); and
WHEREAS, Covered Entity is required under HIPAA to obtain satisfactory assurances that
Business Associate will appropriately safeguard PHI it receives, creates, maintains, or
transmits on behalf of Covered Entity.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Definitions
1.1 "HIPAA Rules" means, collectively, the Privacy Rule, Security Rule, Breach Notification
Rule, and Enforcement Rule at 45 C.F.R. Parts 160 and 164.
1.2 "Business Associate" has the meaning set forth at 45 C.F.R. § 160.103 and, for
purposes of this Agreement, refers to the entity identified above as Business Associate.
1.3 "Covered Entity" has the meaning set forth at 45 C.F.R. § 160.103 and, for purposes
of this Agreement, refers to the entity identified above as Covered Entity.
1.4 "Protected Health Information" or "PHI" has the meaning set forth at 45 C.F.R. §
160.103, and for purposes of this Agreement includes all individually identifiable health
information created, received, maintained, or transmitted by Business Associate on behalf
of Covered Entity, in any form or medium.
15
1.5 "Electronic Protected Health Information" or "ePHI" means PHI that is transmitted or
maintained in electronic media, as defined at 45 C.F.R. § 160.103.
1.6 "Breach" has the meaning set forth at 45 C.F.R. § 164.402, and refers to the
acquisition, access, use, or disclosure of unsecured PHI in a manner not permitted under
the HIPAA Rules that compromises the security or privacy of the PHI.
1.7 "Unsecured PHI" has the meaning set forth at 45 C.F.R. § 164.402, and refers to PHI
that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals
through the use of a technology or methodology specified by the Secretary of the U.S.
Department of Health and Human Services ("HHS").
1.8 "Security Incident" has the meaning set forth at 45 C.F.R. § 164.304.
1.9 "Secretary" means the Secretary of HHS or the Secretary's designee.
1.10 Capitalized terms used but not otherwise defined in this Agreement shall have the
meanings given to them in the HIPAA Rules.
2. Obligations and Activities of Business Associate
2.1 Permitted Use and Disclosure. Business Associate shall not use or disclose PHI other
than as permitted or required by this Agreement, as permitted or required by applicable
law, or as otherwise authorized in writing by Covered Entity.
2.2 Safeguards. Business Associate shall use appropriate administrative, physical, and
technical safeguards, including a risk analysis and risk management program, access
controls, and workforce security measures, to prevent the use or disclosure of PHI other
than as provided for by this Agreement. With respect to ePHI, Business Associate shall
comply with the applicable requirements of the Security Rule at 45 C.F.R. Part 164,
Subpart C.
2.3 Mitigation. Business Associate shall mitigate, to the extent practicable, any harmful
effect that is known to Business Associate of a use or disclosure of PHI by Business
Associate or its employees, agents, or subcontractors in violation of this Agreement or the
HIPAA Rules.
2.4 Reporting of Breaches and Security Incidents. Business Associate shall report to
Covered Entity any Breach of Unsecured PHI in accordance with 45 C.F.R. § 164.410 and
any Security Incident that results in unauthorized access, use, or disclosure of PHI. Such
report shall be made without unreasonable delay and in no case later than [X] calendar
days after discovery of the Breach or Security Incident. The report shall include, to the
extent available, the information required by 45 C.F.R. § 164.410(c), and any additional
information reasonably requested by Covered Entity.
2.5 Subcontractors and Agents. Business Associate shall ensure that any subcontractor,
agent, or other third party to whom it provides PHI on behalf of Covered Entity agrees in
16
writing to the same restrictions, conditions, and requirements that apply to Business
Associate with respect to such PHI, including compliance with the applicable provisions of
the HIPAA Rules.
2.6 Access to PHI. To the extent Business Associate maintains PHI in a Designated
Record Set, Business Associate shall make such PHI available to Covered Entity, or, at
Covered Entity's direction, to the individual who is the subject of the PHI, in order to meet
Covered Entity's obligations under 45 C.F.R. § 164.524. Such access shall be provided
within the time frames required by the HIPAA Rules and as reasonably requested by
Covered Entity.
2.7 Amendment of PHI. To the extent Business Associate maintains PHI in a Designated
Record Set, Business Associate shall make such PHI available for amendment and shall
incorporate any amendments to PHI as directed by Covered Entity in accordance with 45
C.F.R. § 164.526.
2.8 Accounting of Disclosures. Business Associate shall maintain and, within a reasonable
time following Covered Entity's written request, provide to Covered Entity such information
as is necessary to permit Covered Entity to provide an accounting of disclosures of PHI in
accordance with 45 C.F.R. § 164.528.
2.9 Internal Practices, Books, and Records. Business Associate shall make its internal
practices, books, and records relating to the use and disclosure of PHI received from, or
created or received by Business Associate on behalf of, Covered Entity available to the
Secretary for purposes of determining Covered Entity's compliance with the HIPAA Rules.
To the extent permitted by law, Business Associate shall promptly notify Covered Entity of
any such request, unless such notice is prohibited by law.
2.10 Compliance with Law. Business Associate shall comply with the HIPAA Rules and
any other applicable federal or state laws and regulations governing the privacy or security
of PHI, including any amendments to HIPAA or such laws that affect Business Associate's
obligations under this Agreement.
3. Workforce Training and Security Awareness
3.1 HIPAA Privacy Training. Business Associate shall provide training on the requirements
of the HIPAA Privacy Rule and on Business Associate's related policies and procedures
to all members of its workforce who create, receive, maintain, or transmit PHI on behalf of
Business Associate. Such training shall be provided as necessary and appropriate for the
members of the workforce to carry out their functions, in accordance with 45 C.F.R. §
164.530(b)(1) of the HIPAA Privacy Rule. Business Associate shall document that the
training has been provided.
3.2 Security Awareness and Training. Business Associate shall implement a security
awareness and training program for all members of its workforce, including management,
in accordance with 45 C.F.R. § 164.308(a)(5) of the HIPAA Security Rule. Such program
shall include, as appropriate, security reminders, protection from malicious software, log-
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in monitoring, and password management. Business Associate shall document that such
training and related security measures have been implemented.
4. Permitted Uses and Disclosures by Business Associate
4.1 Services for Covered Entity. Except as otherwise limited by this Agreement or
applicable law, Business Associate may use or disclose PHI only as necessary to perform
the services set forth in the underlying agreement(s) between Covered Entity and
Business Associate. In performing such services, Business Associate shall request, use,
and disclose only the minimum necessary PHI required to accomplish the intended
purpose, consistent with 45 C.F.R. § 164.502(b).
4.2 Use for Proper Management and Administration. Business Associate may use PHI for
its proper management and administration or to carry out its legal responsibilities, provided
that such use is permitted by the HIPAA Rules and applicable law.
4.3 Disclosures for Proper Management and Administration. Business Associate may
disclose PHI for its proper management and administration or to carry out its legal
responsibilities, provided that (a) the disclosures are required by law, or (b) Business
Associate obtains reasonable assurances from the person to whom the PHI is disclosed
that the PHI will be held confidentially and used or further disclosed only as required by
law or for the purpose for which it was disclosed, and that the person will notify Business
Associate of any instance of which it becomes aware in which the confidentiality of the PHI
has been breached.
4.4 De-identified Information. Business Associate may de-identify PHI in accordance with
45 C.F.R. § 164.514(a)—(c). PHI that has been de-identified in accordance with such
regulations is no longer subject to this Agreement, and Business Associate may use or
disclose such de-identified information for any lawful purpose, provided that Business
Associate does not attempt to re-identify the information or contact the individuals who are
the subject of the information.
4.5 Prohibited Uses and Disclosures. Business Associate shall not sell PHI or use PHI for
marketing or fundraising purposes in a manner that would violate the HIPAA Rules or other
applicable law if done by Covered Entity, unless expressly authorized in writing by Covered
Entity and, if required by law, by the individual whose PHI is used or disclosed.
5. Term and Termination
5.1 Term. This Agreement shall become effective as of the Effective Date and shall remain
in effect until terminated in accordance with this Section 5 or the termination or expiration
of all underlying service agreement(s) between Covered Entity and Business Associate,
whichever occurs first.
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5.2 Termination for Cause. Covered Entity may terminate this Agreement and any related
services agreement(s) immediately if it determines that Business Associate has materially
breached this Agreement and Business Associate has not cured the breach within thirty
(30) days after receiving written notice from Covered Entity specifying the nature of the
breach, if the breach is reasonably capable of cure. If cure is not possible, Covered Entity
may terminate this Agreement immediately upon written notice to Business Associate.
5.3 Other Termination Rights. Business Associate may terminate this Agreement upon
written notice to Covered Entity if Business Associate reasonably determines that
continuing to perform under this Agreement would cause Business Associate to violate
the HIPAA Rules or other applicable law and the parties are unable, after good faith
negotiations, to amend this Agreement to prevent such violation.
5.4 Obligations of Business Associate Upon Termination. Upon termination or expiration
of this Agreement for any reason, Business Associate shall, with respect to PHI received
from Covered Entity, or created, maintained, or received by Business Associate on behalf
of Covered Entity, (a) retain only that PHI which is necessary for Business Associate to
continue its proper management and administration or to carry out its legal responsibilities;
(b) return to Covered Entity or, if agreed to by Covered Entity, destroy all remaining PHI
that Business Associate still maintains in any form; (c) continue to use appropriate
safeguards and comply with the HIPAA Rules with respect to such PHI for as long as
Business Associate retains it; and (d) not use or disclose such PHI other than for the
purposes that make the return or destruction infeasible, or as required by law.
5.5 Infeasibility of Return or Destruction. If Business Associate determines that returning
or destroying PHI is infeasible, Business Associate shall provide to Covered Entity written
notification of the conditions that make return or destruction infeasible. If Covered Entity
agrees that return or destruction of PHI is infeasible, Business Associate shall extend the
protections of this Agreement to such PHI and limit further uses and disclosures of such
PHI to those purposes that make the return or destruction infeasible, for so long as
Business Associate maintains such PHI.
5.6 Reporting to HHS. If Covered Entity determines that termination of this Agreement is
not feasible, Covered Entity shall report the violation to the Secretary, in accordance with
45 C.F.R. § 164.504(e)(1)(ii).
6. Miscellaneous
6.1 Amendment. The parties agree to take such action as is necessary to amend this
Agreement from time to time as may be required to comply with the requirements of
HIPAA, the HIPAA Rules, and any other applicable law or regulation. Any such
amendment shall be in writing and signed by both parties.
6.2 Survival. The respective rights and obligations of Business Associate and Covered
Entity under this Agreement that, by their nature, are intended to survive termination or
expiration of this Agreement, including without limitation the provisions of Sections 2, 3, 4,
5.4, 5.5, and this Section 6, shall survive such termination or expiration.
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6.3 Interpretation. Any ambiguity in this Agreement shall be resolved to permit compliance
with the HIPAA Rules. In the event of a conflict between the terms of this Agreement and
the terms of any other agreement between the parties, this Agreement shall control with
respect to the subject matter of this Agreement and the parties' respective obligations
regarding PHI.
6.4 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, without regard to its conflict-of-law principles, except
to the extent preempted by federal law including HIPAA.
6.5 Indemnification. Business Associate shall indemnify, defend, and hold harmless
Covered Entity and its directors, officers, employees, and agents from and against any
and all claims, damages, fines, penalties, costs, and expenses (including reasonable
attorneys' fees) arising out of or relating to (a) Business Associate's breach of this
Agreement; or (b) Business Associate's violation of the HIPAA Rules or other applicable
law relating to PHI, except to the extent caused by Covered Entity's negligence or willful
misconduct.
6.6 Entire Agreement. This Agreement, together with the underlying service agreement(s)
between Covered Entity and Business Associate, constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements, proposals, and communications, whether oral or written,
relating to such subject matter.
6.7 Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original and all of which together shall constitute one and the same
instrument. Signatures provided by facsimile, electronic, or digital means shall be deemed
to be original.
IN WITNESS WHEREOF, the parties hereto have executed this Business Associate
Agreement as of the Effective Date.
Contractor: Covered Entity:
Monroe County, Florida
By: By:
Name: Name:
Title: Title: Mayor
Date: Date:
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