HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-052 Temp. Reso. 13449
July 8, 2020
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2020 L _
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA ACCEPTING A COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
(CDBG-DR) INFRASTRUCTURE REPAIR PROGRAM GRANT
AWARD FROM THE US DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) THROUGH THE STATE OF
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
(FDEO) FOR THE LIFT STATION GENERATOR PROJECT IN
THE AMOUNT OF $353,000; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SUBRECIPIENT GRANT AGREEMENT AND NECESSARY
DOCUMENTS PENDING LEGAL REVIEW BETWEEN THE
CITY OF TAMARAC AND FDEO; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to provide our
residents, businesses and visitors with the highest level of health safety services while
preserving our environment; and
WHEREAS, the City of Tamarac has numerous lift stations located throughout the
City pumping wastewater from communities and businesses; and
WHEREAS, wastewater lift stations may require generators providing electricity
essential to power their respective wastewater pumps during power outages such as
during a hurricane; and
WHEREAS, the City examined and determined that select lift station sites were
problematic and required repeated temporary, mobile generators to power wastewater
pumps, particularly during storms when power was lost; and
Temp. Reso. 13449
July 8, 2020
Page 2
WHEREAS, the City planned to install permanent generators at these lift station
sites within the City of Tamarac FY2019 Adopted Capital Improvement Program; and
WHEREAS, the US Department of Housing and Urban Development (HUD)
provides storm mitigation grant funding to municipalities through the Florida Department
of Economic Opportunity (FDEO) Community Development Block Grant Disaster
Recovery (CDBG-DR) Grant Program; and
WHEREAS, the City of Tamarac was awarded a CDBG-DR federally funded
subrecipient grant in the amount of $353,000 for the provision of four wastewater lift
station generators at specified locations within the City; and
WHEREAS, FDEO requires and the City agrees to provide this Resolution
authorizing the City Manager or designee to sign the CDBG-DR grant agreement and
necessary documents; and
WHEREAS, the Interim Director of Financial Services and Director of Public
Services recommend acceptance of the CDBG-DR grant award and execution of
necessary documents pending legal review; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to accept CDBG-DR grant
program funding through HUD for the provision of four lift station generators and to
execute the federal subrecipient grant agreement with FDEO pending legal review for
grant funding in the amount of $353,000.
Temp. Reso. 13449
July 8, 2020
Page 3
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All exhibits attached HERETO and referenced HEREIN are expressly
incorporated and made a specific part of this Resolution.
Section 2: The City Commission of the City of Tamarac HEREBY accepts the
Community Development Block Grant Disaster Recovery (CDBG-DR) Grant Program
award from the US Department of Housing and Urban Development (HUD) through the
Florida Division of Economic Opportunity (FDEO) for the Lift Station Generator Project.
Section 3: The Tamarac City Manager and appropriate City Officials are HEREBY
authorized to execute the CDBG-DR subrecipient grant agreement and necessary
documents between the City of Tamarac and FDEO for grant funding in the amount of
$353,000 pending legal review. A copy of said agreement is attached HERETO as
Exhibit A and is incorporated HEREIN by this reference
Section 4: All Resolutions in conflict herewith are HEREBY repealed to the extent
of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Temp. Reso. 13449
July 8, 2020
Page 4
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this X i`day of - %fr , 2020.
ICHELLE J. EZ
MAYOR
ATTEST:
-..Xf---'-',---( -X
_)(
JENNIFER JOHNSO , CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ ilfril
a
DIST 1: V/M BOLTON p
DIST 2: COMM. GELIN 44,_
DIST 3: COMM. FISHMAN 7
DIST 4: COMM. PLACKO 7
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
4iit' {-i' ct'4/0.,)
SAMUEL S. GOREN
CITY ATTORNEY
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
State of Florida
Department of Economic Opportunity
Federally-Funded
Community Development Block Grant
Disaster Recovery (CDBG-DR) Infrastructure Repair Program
Subrecipient Agreement
THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity,
(hereinafter referred to as "DEO") and City of Tamarac, hereinafter referred to as the "Subrecipient" (each
individually a"Party"and collectively"the Parties").
THIS AGREEMENT IS EN 1'ERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS,pursuant to Public Law(P.L.) P.L. 115-123 Bipartisan Budget Act of 2018,P.L. 115-56,
the"Continuing Appropriations Act,2018"and Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 „ and the "Allocations, Common Application, Waivers, and Alternative Requirements for
Community Development Block Grant-Disaster Recovery Grantees", 83 Federal Register No. 28 (February
9, 2018) ,83 Federal Register No. 157 (August 14, 2018); (hereinafter collectively referred to as the "Federal
Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as
"HUD")has awarded Community Development Block Grant-Disaster Recovery(CDBG-DR)funds to DEO
for activities authorized under Title I of the Housing and Community Development Act of 1974 (42 United
States Code (U.S.C.) 5301 et seq.)and described in the State of Florida Action Plan for Disaster Recovery 2018
(hereinafter referred to as the"Action Plan").
WHEREAS, CDBG-DR funds made available for use by the Subrecipient under this Agreement
constitute a subaward of DEO's Federal award, the use of which must be in accordance with requirements
imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award.
WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this
Agreement,the Subrecipient represents and warrants to DEO that it will comply with all the requirements of
the subaward described herein.
WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low- and moderate-
income persons in a manner that ensures at least 70 percent of the grant amount awarded under this
Agreement is expended for activities that benefit such persons.
NOW THEREFORE,DEO and the Subrecipient agree to the following
(1) Scope of Work. The Scope of Work for this Agreement includes Attachment A, Scope of Work. With
respect to Attachment B,Project Budget,and Attachment C,Activity Work Plan,the Subrecipient shall submit
to DEO such Attachments in conformity with the current examples attached hereto as necessary and
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and
contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and
absolute discretion.
(2) Incorporation of Laws, Rules, Regulations and Policies. The Subrecipient agrees to abide by all
applicable State and Federal laws, rules and regulations, including but not necessarily limited to, the Federal
laws and regulations set forth at 24 CFR 570 and the State's Action Plan.
(3) Period of Agreement. This Agreement begins upon execution by both Parties (the "Effective Date")
and ends twenty-four (24) months after execution by DEO, unless otherwise terminated as provided in this
Agreement.DEO shall not grant any extension of this Agreement unless the Subrecipient provides justification
satisfactory to DEO in its sole discretion and DEO's Director of the Division of Community Development
approves such extension.
(4) Modification of Agreement. Modifications to this Agreement shall be valid only when executed in
writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms
of this Agreement.DEO may accept or reject any proposed modification based on DEO's sole determination
and absolute discretion,that any such acceptance or rejection is in the State's best interest.
(5) Records.
(a) The Subrecipient'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.
(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,
and representatives of the Federal government and their duly authorized representatives shall have access
to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as
they may relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
(c) The Subrecipient shall maintain books, records and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of
funds provided by DEO under this Agreement.
(d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph(6),Audit Requirements and Attachments J and K herein and ensure
that all related party transactions are disclosed to the auditor.
(e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this
Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from
funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for
this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.502(a)(7)(ii). The
Subrecipient shall further ensure that audit working papers are available upon request for a period of six
(6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by
DEO. The six-year period may be extended for the following reasons:
1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the
six-year period,in which case 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$1,000 or more
at the time of acquisition shall be retained for six(6)years after final disposition.
3. Records relating to real property acquired shall be retained for six (6) years after the closing
on the transfer of title.
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
(f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient
and for all contractors, subcontractors and consultants paid from funds provided under this Agreement,
including documentation of all program costs in a form sufficient to determine compliance with the
requirements and objectives of the scope of work and all other applicable laws and regulations.
(g) The Subrecipient shall either(i) maintain all funds provided under this Agreement in a separate
bank account or(ii)ensure that the Subrecipient's accounting system shall have sufficient internal controls
to separately track the expenditure of all funds from this Agreement.Provided further,that the only option
available for advanced funds is to maintain such advanced funds in a separate bank account. There shall
be no commingling of funds provided under this Agreement with any other funds,projects or programs.
DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement
for such costs as described herein,Subparagraph(21)(e),Repayments.
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the
Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the Federal government or their duly authorized representatives.
"Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
(6) Audit Requirements
(a) The Subrecipient shall conduct a single or program-specific audit in accordance with the
provisions of 2 C.F.R.part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
(b) Within sixty (60) calendar days of the close of DEO's fiscal year, on an annual basis, the
Subrecipient shall electronically submit a completed Audit Compliance Certification to
Audit( deo.myflorida.com, and DEO's grant manager; a blank version of which is attached hereto as
Attachment K. The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.) between DEO and the Subrecipient.
(c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the
Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement
by June 30 following the end of each fiscal year in which it had an open CDBG-DR subgrant.
(d)Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including
but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512,when such provisions
are applicable to this Agreement.
(7) Reports. The Subrecipient shall provide DEO with all reports and information set forth in Attachment
G,Reports. The monthly reports and administrative closeout reports must include the current status and
progress of the Subrecipient and all subcontractors in completing the work described in the Scope of
Work and the expenditure of funds under this Agreement. Upon request by DEO,the Subrecipient shall
provide additional program updates or information. 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. DEO may also take other action as stated in Paragraph (12) Remedies or
otherwise allowable by law.
(8) Inspections and Monitoring
(a)The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and
financial statements as necessary for DEO to meet the requirements of 2 C.F.R.part 200.
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
(b)The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that
the subaward is used for authorized purposes in compliance with Federal statutes, regulations and the
terms and conditions of this agreement.
(c) This review must include: (1) reviewing financial and performance reports required by DEO, (2)
following-up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the Subrecipient from DEO as detected through audits,on-
site reviews and other means and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to the Subrecipient from DEO as required by 2 C.F.R. §200.521.
(d)Corrective Actions:DEO may issue management decisions and may consider taking enforcement
actions if noncompliance is detected during audits.DEO may require the Subrecipient to take timely and
appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from
the pass-through entity as detected through audits,on-site reviews and other means. In response to audit
deficiencies or other findings of noncompliance with this agreement, Grantee may impose additional
conditions on the use of the CDBG-DR funds to ensure future compliance or provide training and
technical assistance as needed to correct noncompliance.
(9) Duplication of Benefits. The Subrecipient shall not carry out any of the activities under this
Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of
the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 et seq.)and
described in Appropriations Acts. The Subrecipient must comply with HUD's requirements for
duplication of benefits,imposed by the Federal Register Guidance. The Subrecipient shall carry out the
activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits.
Subrecipient shall sign a Subrogation Agreement(See Attachment M).
(10) Liability.
(a) If the Subrecipient is a state agency or subdivision,as defined in Section 768.28(2),F.S.,pursuant
to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other
Party for the other Party's negligence.
(b) The Subrecipient further agrees to assume sole responsibility,training and oversight of the parties
it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28,
Florida Statutes. The subrecipient shall hold DEO harmless against all claims of whatever nature arises
from the work and services performed by third parties under this Agreement. Nothing herein shall be
construed as consent by the Subrecipient to be sued by third parties in any matter arising out of any
agreement,contract or subcontract.
(c) If the Subrecipient is a state agency or subdivision, as defined in Section 768.28, F.S., then the
Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions,which result in
claims or suits against DEO.The subrecipient 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 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,contract or subcontract.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the
Subrecipient.
(11) Events of Default.If any of the following events occur("Events of Default"),DEO may,in its sole and
absolute discretion, elect to terminate any obligation to make any further payment of funds,exercise any
of the remedies set forth in Paragraph (12) Remedies or pursue any remedy at law or in equity,without
limitation:
(a) Any warranty or representation is made by the Subrecipient, in this Agreement or any previous
agreement with DEO,is or becomes false or misleading in any respect,or if the Subrecipient fails to keep
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
or perform any of the obligations,terms,or covenants in this Agreement or any previous agreement with
DEO,and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations
under this Agreement and/or as required by statute,rule,or regulation;
(b) Any material adverse change occurs in the financial condition of the Subrecipient at any time
during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)
calendar days from the date written notice is sent by DEO;
(c) The Subrecipient 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;
(d) The Subrecipient fails to perform or timely complete any of its obligations under this Agreement,
including participating in DEO's Implementation Workshop.
The Parties agree that in the event DEO elects to make payments or partial payments after any Events of
Default, it does so without waiving the right to exercise any remedies allowable herein or at law and
without becoming liable to make any further payment.
(e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement
if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and
the delay is due directly to acts of God,wars,acts of public enemies,strikes,fires,floods,or other similar
cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers
if no alternate source of supply is available. However, in the event of delay from the foregoing causes,
the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the
Party's performance obligation under this Agreement. If the delay is excusable under this paragraph,the
delay will not result in any additional charge or cost under the Agreement to either Party. In the case of
any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in
writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10)
calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably
foresee that a delay could occur as a result or (2)within five (5) calendar days after the date Subrecipient
first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE
FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE
WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition
precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this
paragraph and will notify Subrecipient of its decision in writing. No claim for damages, other than an
extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the
Agreement price or payment of any kind from DEO for direct,indirect, consequential,impact or other
costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising
because of delay, disruption, interference or hindrance from any cause whatsoever. If performance is
suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after the
causes have ceased to exist, Subrecipient shall perform at no increased cost,unless DEO determines,in
its sole discretion,that the delay will significantly impair the value of the Agreement to DEO or the State,
in which case,DEO may do any or all of the following: (1) accept allocated performance or deliveries
from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to
products or services subjected to allocation;(2)purchase from other sources(without recourse to and by
Subrecipient for the related costs and expenses) to replace all or part of the products or services that are
the subject of the delay,which purchases may be deducted from the Agreement quantity or(3) terminate
the Agreement in whole or in part.
(12) Remedies. If an Event of Default occurs,DEO shall provide thirty(30) calendar days written notice to
the Subrecipient and if the Subrecipient fails to cure within those thirty (30) calendar days DEO may choose
to exercise one or more of the following remedies,either concurrently or consecutively:
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
(a) Terminate this Agreement upon twenty-four(24)hour written notice by DEO sent in conformity
with Paragraph(16)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;
(d) Demand that the Subrecipient return to DEO any funds used for ineligible activities or
unallowable costs under this Agreement or any applicable law,rule or regulation governing the use of the
funds;and
(e) Exercise any corrective or remedial actions,including but not limited to:
1. Requesting additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. Issuing a written warning to advise that more serious measures may be taken if the situation
is not corrected;and/or
3. Advising the Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question.
Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in
this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement
or failure by DEO to require strict performance does not affect,extend or waive any other right or remedy
available or affect the later exercise of the same right or remedy by DEO for any other default by the
Subrecipient.
(13) Dispute Resolution. DEO shall decide disputes concerning the performance of the Agreement,
document dispute decisions in writing and serve a copy of same on the Subrecipient. All decisions are final
and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within twenty-one
(21)days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter
120, F.S.,is an absolute condition precedent to the Subrecipient's ability to pursue any other form of dispute
resolution;provided however,that the Parties may mutually agree to employ the alternative dispute resolution
procedures outlined in Chapter 120,F.S.
(14) Citizen Complaints. The goal of the State is to provide an opportunity to resolve complaints in a timely
manner,usually within fifteen (15) business days as expected by HUD,if practicable,and to provide the right
to participate in the process and appeal a decision when there is reason for an applicant to believe its application
was not handled according to program policies.All applications,guidelines and websites will include details on
the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
Applicants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination
(b) A program assistance award calculation and
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal through the Office of Disaster Recovery email at CDBG-
DRna,deo.myflorida.com or submit by postal mail to the following address:
Attention:Office of Disaster Recovery
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building,MSC 160
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
Tallahassee,Florida 32399
The subrecipient will handle citizen complaints by conducting:
(a)Investigations as necessary;
(b) Resolution;or
(c)Follow-up actions.
If the complainant is not satisfied by the Subrecipient's determination, then the complainant may file a
written appeal by following the instructions issued in the letter of response. If, at the conclusion of the
appeals process,the complainant has not been satisfied with the response,a formal complaint may then be
addressed directly to the DEO at:
Department of Economic Opportunity
Caldwell Building,MSC-400
107 E Madison Street
Tallahassee,FL 32399
The Florida(Ike ofDisaster Recovery operates in Accordance with the Federal Fair Housing Law(The Fair
Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a
complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (1`1Y) or
www.hud.gov/fairhousing.
(15) Termination.
(a) DEO may suspend or terminate this Agreement for cause upon twenty-four (24) hour written
notice, from the date notice is sent by DEO. Cause includes, but is not limited to the Subrecipient's
improper or ineffective use of funds provided under this Agreement;fraud;lack of compliance with any
applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws;
failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under
this Agreement;submission of reports that are incorrect or incomplete in any material respect and refusal
to permit public access to any document,paper,letter or other material subject to disclosure under law,
including Chapter 119, F.S., as amended. The reasons for Termination are listed in the immediately
preceding sentence for illustration purposes but are not limiting DEO's sole and absolute discretion with
respect to DEO's right to terminate this Agreement. In the event of suspension or termination, the
Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs.
(b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by
providing the Subrecipient fourteen(14)days written notice from the date notice is sent by DEO,setting
forth the reasons for such termination, the effective date and, in the case of partial termination, the
portion to be 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 Subrecipient shall continue to perform any work not terminated. In the event of termination
for convenience, the Subrecipient shall not be entitled to recover any cancellation charges or
unreimbursed costs for the terminated portion of work.
(c)The Parties may terminate this Agreement for their mutual convenience in writing,in the manner
agreed upon by the Parties,which must include the effective date of the termination.
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
(d) In the event that this Agreement is terminated,the Subrecipient shall not incur new obligations
under the terminated portion of the Agreement after the date the Subrecipient has received the
notification of termination. The Subrecipient shall cancel as many outstanding obligations as possible.
DEO shall disallow all costs incurred after the Subrecipient's receipt of the termination notice. The
Subrecipient shall not be relieved of liability to DEO because of any breach of the Agreement by the
Subrecipient. DEO may,to the extent authorized by law,withhold payments to the Subrecipient for the
purpose of set-off until the exact amount of damages due to DEO from the Subrecipient is determined.
(e)Upon expiration or termination of this Agreement the Subrecipient shall transfer to DEO any
CDBG-DR funds on hand at the time of expiration or termination and any accounts receivable
attributable to the use of CDBG-DR funds.
(f) Any real property under Subrecipient's control that was acquired or improved in whole or in part
with CDBG-DR funds (including CDBG-DR 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,Subrecipient shall pay to DEO an amount equal to the
current market value of the property less any portion of the value attributable to expenditures of non-
CDBG-DR funds for the acquisition or improvement of the property for five years after expiration or
termination of this Agreement.
(g)The rights and remedies under this clause are in addition to any other rights or remedies provided
by law or under this Agreement.
(16) Notice and Contact.
(a) All notices provided under or pursuant to this Agreement shall be in writing,either by hand delivery,
first class or certified mail with return receipt requested, to the representative identified below at the
address set forth below or said notification attached to the original of this Agreement.
(b) The name and address of DEO's Grant Manager for this Agreement is:
Tre Samuel
107 E.Madison Street
Tallahassee,FL 32399
Office:850-717-8544
Tre.Samuel@deo.myflorida.com
(c)The name and address of the Local Government Project Contact for this Agreement is:
Michael Gresek
7525 NW 88th Avenue
Tamarac,FL 33321
Office: 954-597-3562
Fax: 954-597-3560
Michael.gresek@tamarac.org
(d) If different representatives or addresses are designated by either Party after execution of this
Agreement, notice of the name, title and address of the new representative will be provided as stated in
Paragraph (16)above.
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DEO Agreement No. IR003
(17) Contracts. If the Subrecipient contracts any of the work required under this Agreement,a copy of the
proposed contract template and any proposed amendments, extensions, revisions or other changes thereto,
must be forwarded to DEO for prior written approval. For each contract, the Subrecipient shall report to
DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as
defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 C.F.R.
§200.318- §200.326 when procuring property and services under this Agreement(refer to Attachment D).
The Subrecipient shall include the following terms and conditions in any contract pertaining to the work
required under this Agreement:
(a) the period of performance or date of completion;
(b) the performance requirements;
(d) that the contractor is bound by the terms of this Agreement;
(e) that the contractor is bound by all applicable State and Federal laws,rules,and regulations;
(f) that the contractor shall hold DEO and the Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement;
(g) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in
performing its work under this Agreement;and
(h) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non-Federal Entity
Contract Under Federal Awards—(refer to Attachment L).
The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 C.F.R.
570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and
provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages.
The Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that
its contractors perform according to the terms and conditions of the procured contracts or agreements and the
terms and conditions of this Agreement.
(18) Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the
Parties.There are no provisions,terms,conditions,or obligations other than those contained in this Agreement;
and this Agreement supersedes all previous understandings. No waiver by DEO may be effective unless made
is writing by an authorized DEO official.
(19) 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—Scope of Work
Attachment B—Project Budget
Attachment C—Activity Work Plan
Attachment D—Program and Special Conditions
Attachment E—State and Federal Statutes,Regulations and Policies
Attachment F—Civil Rights Compliance
Attachment G—Reports
Attachment H—Warranties and Representations
Attachment I—Audit Requirements
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Exhibit 1 to Attachment I—Funding Sources
Attachment J—Audit Compliance Certification
Attachment K—SERA Access Authorization Form
Attachment L—2 CFR Appendix II to Part 200
Attachment M—Subrogation Agreement
(20) Funding/Consideration.
(a)The funding for this Agreement shall not exceed$353,000,three hundreda fifty three thousand dollars
subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay
under this Agreement is contingent upon annual appropriations by the Legislature and subject to any
modification in accordance with Chapter 216,F.S.or the Florida Constitution.
(b)DEO will provide funds to the Subrecipient 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 Subrecipient agrees to comply with all
terms,conditions,assurances,restrictions or other instructions listed in the NFA.
(c) By execution of this Agreement, the Subrecipient certifies that necessary written administrative
procedures, processes and fiscal controls are in place for the operation of its CDBG-DR program for
which the Subrecipient receives funding from DEO.These written administrative procedures,processes
and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations,
guidance and the terms of this Agreement. The Subrecipient agrees to comply with all the terms and
conditions of Attachment D,Program and Special Conditions.
(d)The Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with
the Scope of Work.
(e) The Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory
for the Subrecipient set forth on the SERA Access Authorization Form,Attachment K,to this Agreement,
must approve the submission of each Request for Funds ("RFF") on behalf of the Subrecipient.
(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-DR funds.
(g) If the necessary funds are not available to fund this Agreement as a result of action by the United States
Congress,the Federal Office of Management and Budget,the Florida Legislature,the State Chief Financial
Officer or under Subparagraph(20)(i),Mandated Conditions of this Agreement,all obligations on the part
of DEO to make any further payment of funds will terminate and the Recipient shall submit its
administrative closeout report and subgrant agreement closeout package within thirty(30) calendar days
from receipt of notice from DEO.
(h)The Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by the Subrecipient.
(21) Repayments.
(a)The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. The Subrecipient shall ensure that its contractors,
subcontractors and consultants only expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.971,F.S.,the Subrecipient shall refund to DEO any unobligated funds
which have been advanced or paid to the Subrecipient.
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(c) The Subrecipient shall refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors,subcontractors or consultants are entitled under the terms and conditions
of this Agreement.
(d)The Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet
one of the three National Objectives listed in 24 C.F.R. § 570.483(b), (c) and (d);provided,however,the
Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion,
determines the Subrecipient is at fault for the ineligibility of the activity in question.
(e) The Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this
Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within
thirty(30)calendar days from Subrecipient's receipt of notification of such non-compliance.
(f)In accordance with Section 215.34(2),F.S.,if a check or other draft is returned to DEO for collection,
the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the
returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this
Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed
directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
107 East Madison Street—MSC 400
Tallahassee,Florida 32399-6508
(22) 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 Subrecipient 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 of said information, representations and materials are incorporated herein by
reference.
(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.
(c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then that provision shall be null and void only to the extent of the conflict or
unenforceability, and that provision shall be severable from and shall not invalidate any other provision
of this Agreement.
(d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall
survive the term of this Agreement.
(e) This Agreement may be executed in any number of counterparts,any one of which may be taken
as an original.
(f) The Subrecipient shall comply with all applicable local, state and federal laws, including the
Americans With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter
760, Florida Statutes;Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C.
§ 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment,
public accommodations,transportation,state and local government services and telecommunications.
(g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S.,
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 thirty-
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five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed
on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that
neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose
if it or any of its affiliates is placed on the convicted vendor list.
(h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who
has been placed on the discriminatory vendor 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. By executing this Agreement,the Subrecipient represents
and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
(j) Any bills for travel expenses shall be submitted and reimbursed in accordance with Section
112.061,F.S.,the rules promulgated thereunder and 2 C.F.R. §200.474.
(k) If the Subrecipient 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 Subrecipient hereby acknowledges that the Subrecipient is subject to Florida's Government
in the Sunshine Law(Section 286.011,F.S.)with respect to the meetings of the Subrecipient's governing
board or the meetings of any subcommittee making recommendations to the governing board. The
Subrecipient hereby agrees that all such aforementioned meetings shall be publicly noticed,open to the
public and the minutes of all the meetings shall be public records made available to the public in
accordance with Chapter 119,F.S.
(m) The Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans
Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and
section 906 of P.L. 101-625,the Cranston-Gonzalez National Affordable Housing Act, 1990,by having,
or adopting within ninety(90) days of execution of this Agreement,and enforcing,the following:
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.
(23) 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.
(b) The Subrecipient 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
Subrecipient,to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of
Congress in connection with the awarding of any Federal contract,the making of any Federal grant,
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
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Congress,an officer or employee of Congress or an employee of a Member of Congress in connection
with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;and
3. The Subrecipient shall require that this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose as described in this
Paragraph (22),above. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand
dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(24) Copyright,Patent and Trademark.Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights
accruing under or in connection with the performance of this Agreement are hereby transferred by the
Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement or in any way connected with it,the Subrecipient shall refer the discovery
or invention to DEO for a determination whether the State of Florida will seek patent protection in its
name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced,
the Subrecipient shall notify DEO.Any copyrights accruing under or in connection with the performance
under this Agreement are transferred by the Subrecipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, the Subrecipient 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 Subrecipient shall retain all rights and entitlements to
any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists, and DEO shall have the right to all patents and copyrights which accrue during
performance of the Agreement.
(25) Legal Authorization.
(a) The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
Subrecipient certifies that the undersigned person has the authority to legally execute and bind the
Subrecipient to the terms of this Agreement. DEO may, at its discretion, request documentation
evidencing the undersigned has authority to bind the Subrecipient to this Agreement as of the date of
execution;any such documentation is incorporated herein by reference.
(b) The Subrecipient 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 Subrecipient's ability to satisfy its Agreement obligations. The Subrecipient 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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(26) Public Record Responsibilities.
(a) In addition to the Subrecipient's responsibility to directly respond to each request it receives for
records,in conjunction with this Agreement and to provide the applicable public records in response to
such request,the Subrecipient shall notify DEO of the receipt and content of all such requests by sending
an email to PRRequestadeo.myflorida.com within one(1)business day from receipt of the request.
(b) The Subrecipient shall keep and maintain public records required by DEO to perform the
Subrecipient's responsibilities hereunder. The Subrecipient shall,upon request from DEO's custodian of
public records,provide DEO with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S.,
or as otherwise provided by law. The Subrecipient shall allow public access to all documents, papers,
letters or other materials made or received by the Subrecipient in conjunction with this Agreement,unless
the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1),
F.S. For records made or received by the Subrecipient in conjunction with this Agreement, the
Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119,
F.S. For all such requests for records that are public records, as public records are defined in Section
119.011,F.S.,the Subrecipient 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 Subrecipient to comply with
Florida's public records laws or to allow public access to any public record made or received by the
Subrecipient in conjunction with this Agreement.
(d) If, for purposes of this Agreement, the Subrecipient is a "contractor" as defined in Section
119.0701(1)(a),F.S. ("Subrecipient-contractor"),the Subrecipient-contractor 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 Subrecipient-contractor transfers
all public records to the public agency upon completion of the Agreement, the Subrecipient-contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Subrecipient-contractor keeps and maintains public records upon
completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for
retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically
must be provided 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 Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to DEO or allow the records to be inspected or copied within a reasonable time. If
the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the
provisions set forth in this Agreement. A Subrecipient-contractor who fails to provide public records to
DEO within a reasonable time may be subject to penalties under Section 119.10,F.S.
(f) The Subrecipient shall notify DEO verbally within twenty-four (24) chronological hours and in
writing within seventy-two(72)chronological hours if any data in the Subrecipient'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 Subrecipient 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 Subrecipient 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 Subrecipient submits to
DEO under this Agreement constitute public records under Florida Statutes. The Subrecipient 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 Subrecipient submits records to DEO that are confidential and exempt from public
disclosure as trade secrets or proprietary confidential business information, such records should be
identified as such by the Subrecipient prior to submittal to DEO. Failure to identify the legal basis for
each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to DEO
serves as the Subrecipient's waiver of a claim of exemption. The Subrecipient shall ensure public records
that are exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the Agreement term and following completion of the
Agreement if the Subrecipient-contractor does not transfer the records to DEO upon completion,
including termination,of the Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via email at PRRequest(a,deo.myflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107
East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
(j) To the extent allowable by law,the Subrecipient shall be fully liable for the actions of its agents,
employees,partners,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 Subrecipient, its agents,
employees, partners, contractors or subcontractors, provided, however, that the Subrecipient does not
indemnify for that portion of any costs or damages proximately caused by the negligent act or omission
of the State or DEO. DEO,in its sole discretion, has the right,but not the obligation, to enforce this
indemnification provision.
(k) DEO does not endorse any Subrecipient,commodity,or service. Subject to Chapter 119, F.S.,
Subrecipient shall not publicly disseminate any information concerning this Agreement without prior
written approval from DEO,including,but not limited to,mentioning this Agreement in a press release
or other promotional material, identifying DEO or the State as a reference, or otherwise linking
Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any
material published,either in print or electronically,to any other entity that is not a Party to this Agreement,
except potential or actual employees,agents,representatives or subcontractors with the professional skills
necessary to perform the work services required by the Agreement.
(1) The Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when
entering into any public agency contract for services after the Effective Date of this Agreement. The
Subrecipient shall amend each of the Subrecipient'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 Subrecipient does not comply with this
provision.
(27) Employment Eligibility Verification.
(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require the Subrecipient to:
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1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Subrecipient during the Agreement term;
and,
2. Include in all contracts under this Agreement the requirement that contractors,
subcontractors,consultants and subrecipients performing work or providing services pursuant to this
Agreement use the E-Verify system to verify the employment eligibility of all new employees hired by
the contractors,subcontractors,consultants and subrecipients during the term of the contract.
(b) The Department of Homeland Security's E-Verify system can be found at:
http://www.uscis.gov/e-verify
(c) If the Subrecipient does not have an E-Verify MOU in effect,the Subrecipient must enroll in the
E-Verify system prior to hiring any new employee after the effective date of this Agreement.
(28) Program Income.
(a) The Subrecipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.500(a)
or in the Federal Register Guidance governing the CDBG-DR funds) generated by activities carried out
with CDBG-DR funds made available under this Agreement as part of the Subrecipient's Quarterly
Progress Report. The Subrecipient shall use program income in accordance with the applicable
requirements of 2 C.F.R.part 200,24 C.F.R.part 570.504,and the terms of this Agreement.
(b) Program income generated after closeout shall be returned to DEO. Program income generated
prior to closeout shall be returned to DEO unless the program income is used to fund additional units of
CDBG-DR activities, specified in a modification to this Agreement and duly executed prior to
administrative closeout.
(29)National Objectives
All activities funded with CDBG-DR funds must meet the criteria for one of the CDBG program's
National Objectives.The Subrecipient certifies that the activities carried out under this Agreement shall
meet the following national objectives and satisfy the following criteria:
(a) Benefit to low-and moderate-income persons;
(b) Aid in prevention or elimination of slums or blight;and
(c) Meet a need having particular urgency(referred to as urgent need).
(30) Independent Contractor.
(a) In the Subrecipient's performance of its duties and responsibilities under this Agreement, it is
mutually understood and agreed that the Subrecipient is at all times 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 Subrecipient shall
at all times remain an independent contractor with respect to the services to be performed under this
Agreement. Nothing in this Agreement shall be construed to create any agency or employment
relationship between DEO and the Subrecipient,its employees, subcontractors or agents. Neither Party
shall have any right, power or authority to assume, create or incur any expense, liability or obligation,
express or implied,on behalf of the other.
(b) The Subrecipient,its officers,agents,employees,subcontractors or assignees,in performance of
this Agreement shall act in the capacity of an independent contractor and not as an officer, employee,
agent,joint venturer,or partner of the State of Florida.
(c) Subrecipient shall have sole right to control the manner,method and means by which the services
required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay
Subrecipient's employees. Neither the Subrecipient,nor its officers,agents,employees,subcontractors or
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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 Subrecipient 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 Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not
furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical
support)to the Subrecipient or its subcontractor or assignee.
(f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of
funds under this Agreement. The Subrecipient 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 Subrecipient shall ensure that its
employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers'
compensation,reemployment assistance benefits) from an employer other than the State of Florida.
(g) The Subrecipient, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of Chapter 443,F.S.
(h) DEO shall not be responsible for provide any training to Subrecipient, its employees, assigns,
agents,representatives or subcontractors in the professional skills necessary to perform the work services
required by the Agreement;DEO may provide training in the form of an Implementation Workshop in
keeping with implementation
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DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
CITY OF TAMARA DEPARTMENT OF ECONOMIC
OPPORTUNITY
By By
Signature Signature
Michael C. Cemech Brian McManus
Title City Manager Title Chief of Staff
Date ' — Date
Federal
Tax ID#
DUNS#
Approved as to form and legal sufficiency,subject
;� � FORM: only to full and proper execution by the Parties.
AP R7 g/W OFFICE OF GENERAL COUNSEL
CI
I tea} DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Approved Date:
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
Attachment A — Scope of Work
1. PROJECT DESCRIPTION: The U.S. Department of Housing and Urban Development
(HUD) allocated Community Development Block Grant Disaster Recovery (CDBG-DR)
funds to the State of Florida to be distributed in the Federal Emergency Management Agency
(FEMA) declared counties impacted by Hurricane Irma.
The Florida Department of Economic Opportunity (DEO) was awarded $85,819,653 in
Infrastructure repair funding through the Community Development Block Grant-Disaster
Recovery(CDBG-DR)Program by the U.S.Department of Housing and Urban Development
(HUD) to address unmet disaster recovery needs related to damages from Hurricane Irma.
Projects that are eligible under the CDBG-DR Infrastructure Repair Program include:
• Restoration of infrastructure damaged by Hurricane Irma (including water and sewer
facilities,streets,provision of generators,removal of debris,drainage,bridges,etc.);
• Water and sewer facilities have been identified as areas of critical importance.
Projects involving these type facilities;
• Public facilities such as emergency community shelters;
• Demolition,rehabilitation of publicly or privately owned commercial or industrial
buildings;and
• Economic revitalization which includes any CDBG-DR eligible activity that
demonstrably restores and improves some aspect of the local economy.
The City of Tamarac was awarded $353,000 for the purchase and installation of generators to
allow for continued operation of waste watersystem lift stations during storms and prolonged
power outages.The project will provide emergency power which will benefit 2,412 low-moderate
income households in the area.
2. SUBRECIPIENT RESPONSIBILITIES:
A. CDBG-DR INFRASTRUCTURE PROGRAM IMPLEMENTATION
The subrecipient shall perform the following tasks under this agreement:
1. Complete and submit to DEO within 30 days of agreement execution,a staffing plan
which must be reviewed and approved by the DEO Agreement Manager prior to
implementation. Should any changes to the staffing plan be deemed necessary, an
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DEO Agreement No. IR003
updated plan must be submitted to DEO for review and approval. The staffing plan
must include the following:
a. Organizational Chart;and,
b. Job descriptions for Subrecipient's employees, contracted staff, vendors and
contractors.
2. Develop and submit a copy of the following policies and procedures to the DEO
Agreement Manager for review and approval within the 30 days of execution. The
Agreement Manager will provide approval in writing prior to the policies and
procedures being implemented.
a. Procurement policies and procedures that incorporate 2 CFR Part 200.317-326.
b. Administrative financial management policies, which must comply with all
applicable HUD CDBG-DR and State of Florida rules
c. Quality assurance and quality control system policies and procedures that comply
with all applicable HUD CDBG-DR and DEO Policies
d. Policies and procedures to detect and prevent fraud,waste and abuse that describe
how the subrecipient will verify the accuracy of applicant information,monitoring
policy indicating how and why monitoring is conducted, the frequency of
monitoring policy,and which items will be monitored,and procedure for referring
instances of fraud,waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-
347-3735 or email hotline@hudoig.gov).
e. Policies and procedures for the requirements under 2 CFR 200 Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Award.
3. Attend fraud related training offered by HUD OIG to assist in the proper management
of the CDBG-DR grant funds when available.
4. Upload required documents into a reporting system provided by DEO.
5. Complete and submit an updated Project Detail Budget (Attachment B) for review
and approval by DEO no later than 30 days after the execution of the subrecipient
agreement. Any changes to the Project Detail Budget must be submitted in the
monthly report submitted to DEO for review and approval by the Agreement
Manager.
6. Complete and submit an updated Activity Work Plan (Attachment C) for review and
approval by DEO no later than 30 days after the execution of the subrecipient
agreement. Any changes to the Activity Work Plan should be submitted in the
monthly report submitted to DEO for review and approval by the Agreement
Manager.
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DEO Agreement No. IR003
7. Maintain organized subrecipient agreement files and make them accessible to DEO
or its representatives upon request.
8. Comply with all terms and conditions of the subrecipient agreement, Infrastructure
Program guidelines, Action Plans, Action Plan amendments, and Federal, State and
local laws.
9. Provide copies of all proposed procurements documents to DEO 10 business days
prior to posting as detailed in Section (17) of the Subrecipient Agreement. The
proposed procurement documents will be reviewed and approved by the DEO
Agreement Manager. Should the procurement documents require revisions based on
state or federal requirements, the subrecipient will be required to postpone
procurement and submit revised documents for review and approval.
10. Complete procurement of all applicants for internal grants management and
compliance and direct program and product production,including:
(a) Selection of applicants, subrecipients, and/or staff that will be responsible for
managing applicant intake and related operations, compliance, finance, finance and
administration;
(b) Selection of applicants, subrecipients, and/or staff that will be responsible for
managing demolition and/or construction;
(c) Selection of applicants, subrecipients, and/or staff that will be responsible for
Appraisal,Environmental Review,tide services,and legal services;
(d) Copies of all contracts will be executed by the subrecipients. Contracts must be
provided to DEO prior to execution as detailed in Attachment D. Any contract
executed by the subrecipients must follow the terms and conditions set forth in this
agreement provided between the Department and the subrecipient. Should the
submitted contract require necessary additions and/or changes, the Department's
Agreement Manager will contact the subrecipient regarding changes.The subrecipient
is required to submit the updated contract within 30 days. Should the contract not be
submitted in a timely manner, the subrecipient will be required to complete the
selection process once more.
11. Ensure all projects seeking assistance under the current CDBG-DR funds for
Hurricane Irma,and any future funds allocated for Hurricane Irma,provided by DEO,
receive the required Environmental clearance from DEO prior to the Subrecipient
being able to commit CDBG-DR funds.
12. Provide the following documentation to DEO within ten (10) calendar days after the
end of each month:
(a) A revised detail report measuring the actual cost versus the projected cost.
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DEO Agreement No. IR003
(b) An updated attachment C which documents any changes to the projected progress
along with justification for the revision.
13. Develop and submit to DEO a monthly revised detailed timeline for implementation
consistent with the milestones outlined in the Infrastructure program guidelines and
report actual progress against the projected progress ten (10) calendar days after the
end of each month.
14. Provide the following information on a quarterly basis within ten (10) calendar days
of the end of each quarter:
(a) Submit updated organization chart on a quarterly basis with quarterly report.
(b) If staffing changes there must be a submittal stating the names, job descriptions,
on the monthly report deadline
(c) A progress report documenting the following information:
i. Accomplishments within the past quarter;
ii. Issues or risks that have been faced with resolutions;and
iii. Projected activities to be completed within the following quarter.
15. Subrecipient shall adhere to the deadlines for the project as agreed upon in the
Attachment C, Activity Work Plan. If the Subrecipient is unable to meet a deadline
within 30 calendar days of the due date,the Subrecipient shall request an extension of
such deadline from DEO in writing no later than thirty(30) business days prior to the
deadline. Deadlines shall not be extended outside of the term of this agreement except
by a formal amendment executed in accordance with Section (4) Modification of
Agreement.
16. Close out reports will be no later than 60 calendar days after this Agreement ends or
is otherwise terminated. Subrecipient shall provide pictures to document completed
work.
B. Purchase and Installation of Generators
• Subrecipient is to order, purchase and install 4 generators
• Subrecient must provide receipts for all materials ordered
• Subrecipent must provide before and after pictures documenting photos of the
projects progress
DocuSign Envelope ID FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
3.DELIVERABLES
Deliverable No. 1—Generator installation
Tasks Minimum Level of Financial Consequences
Service
Subrecipient complete the tasks outline in 2B. Subrecipient must complete Failure to complete the
all task as detailed in 2.B. as minimum performance
Total deliverable cost not to exceed$353,000 evidenced by the invoice measures as specified shall
package as outlined in result in non-payment for this
Section 4.A.below. deliverable for each payment
request.
Deliverable 1-$353,000
COST SHIFTING: The deliverable amounts specified within the Deliverables section 4 table above
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 DEO's ability to approve and reimburse allowable costs
Grantee 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 Grantee, as described in MODIFICATION
section of the Agreement. Regardless,in no event shall DEO reimburse costs of more than the total
amount of this Agreement.
4. DEO'S RESPONSIBILITIES:
• Monitor the ongoing activities of the Subrecipient to ensure all activities are being
performed in accordance with the Agreement to the extent required by law or deemed
necessary by DEO in its discretion.
• Assign an Agreement Manager as a point of contact for the Subrecipient
• Review the Subrecipient's invoice packages and process them on a timely basis.
• Provide a system for subrecipients to submit all required documentation related to the
project.
• Monitor Subrecipient progress,review reports,conduct site visits,as determined necessary
and at DEO's sole and absolute discretion, and process payments to Subrecipient.
• Provide ongoing technical assistance to ensure successful completion of the project as well
as adherence to state and federal guidelines.
4.A. INVOICE SUBMITTAL
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
DEO Agreement No. IR003
DEO shall reimburse the Subrecipient in accordance with Section 3, above. In accordance with the
Funding Requirements of s.215.971(1),F.S.and Section 5 of this Agreement,the Subrecipient and its
subcontractors may only expend funding under this Agreement for allowable costs resulting from
obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in
compliance with laws, rules and regulations applicable to expenditures of State funds,including, but
not limited to,the Reference Guide for State Expenditures
(http://www.myfloridacfo.com/aadir/reference guide/).
1. Subrecipient shall provide one invoice per deliverable for all services rendered during the
applicable period of time. In any month no deliverable has been completed,the subrecipient
will provide notice that no invoicing will be submitted.
2. The following documents shall be submitted with the itemized invoice:
a. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being
claimed in the invoice package: (1) are specifically for the project represented to the State
in the budget appropriation; (2) are for one or more of the components as stated in
Section 3, DELIVERABLES, of this SCOPE OF WORK; (3) have been paid; and (4)
were incurred during this Agreement.
b. Subrecipient's invoices shall include the date, period in which work was performed,
amount of reimbursement,and work completed to date;
c. A certification by a licensed professional using AIA forms G702 and G703, or their
substantive equivalents,certifying that the project,or a quantifiable portion of the project,
is complete.
d. Photographs of the project in progress and completed work;
e. A copy of all supporting documentation for vendor payments;
f. A copy of the bank statement that includes the cancelled check or evidence of electronic
funds transfer. The State may require any other information from Subrecipient that the
State deems necessary to verify that the services have been rendered under this
Agreement.
3. The Subrecipient's invoice and all documentation necessary to support payment requests
must be submitted into DEO's Subrecipient Management Reporting Application (SERA).
Further instruction on SERA invoicing and reporting, along with a copy of the invoice
template, will be provided upon execution of the agreement.
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DocuSign Envelope ID.FC361035-CD2B-4196-8D38-F9B0950467DD
Attachment D — Program and Special Conditions
Program Conditions
1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion
pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a
justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days
of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed
the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided
adequate justification for the delay.
2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and
Activity Work Plan.
3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that will be
reimbursed with CDBG-DR funds. Copies of the following procurement documents must be provided to DEO for
review:
a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement,
including an affidavit of publication;
b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved
because it violates State,Federal or local procurement guidelines.The Subrecipient shall 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-DR funds to pay for professional services.
4. Prior to the obligation or disbursement of any funds,except for administrative expenses and not to exceed$5000,
the Subrecipient shall complete the following:
a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services
contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO
approves the procurement. If DEO does not approve the procurement of a professional services contract,the
local government will not be able to use CDBG-DR funds for that contract beyond$5,000.
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 Subrecipient 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. If DEO has not issued an Authority
to use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall
provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT
SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO
USE GRANT FUNDS."
5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the"URA"),implementing regulations at 24 C.F.R.
part 42,49 C.F.R.part 24 and 24 C.F.R. §570.606(b),the requirements of 24 C.F.R. §42.325—42.350 governing the
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.
29
L
DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the
acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to
property owners of his or her rights under the URA,an invitation to accompany the appraiser,all appraisals,offer to
the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights(for donations),
as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can
determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced
persons as defined by 24 C.F.R. 4 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project.
7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement,
DEO,HUD,and applicable,regulations and guidance laws,specifically including but not limited to::
a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions);
b. Section 3 Participation Report(Construction Prime Contractor);
c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if
applicable);and
d. Section 3 Participation Report(Construction Subcontractor),(if applicable).
8. In addition, each construction contract or agreement for new or replacement housing must contain language that
requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential
Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday,
November 21,2016.
9. For each Request for Funds(RFF)that includes reimbursement of construction costs,the Subrecipient 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. For each RFF that includes construction costs, the
Subrecipient shall provide a copy of ALA form G702,or a comparable form approved by DEO,if applicable,signed
by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable
form approved by DEO,if applicable.
10. For each project,when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following
documents shall be sent to DEO:
a. Notice to Proceed;
b. The contractor's performance bond (100 percent of the contract price);and
c. The contractor's payment bond(100 percent of the contract price).
11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to
24 C.F.R. § 570.487(b)(4).
12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements,
acquired with CDBG-DR 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 Subrecipient. Such deed restriction shall be
made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future
disposition of that real property shall be in accordance with 24 C.F.R. § 570.505. Any future change of use of real
property shall be in accordance with 24 C.F.R. 5 570.489(j).
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DocuSign Envelope ID:FC361035-CD2B-4196-8D38-F9B0950467DD
13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act
of 1966,as amended,the procedures set forth in 36 C.F.R.part 800,and the Secretary of the Interior's Standards for
Rehabilitation,codified at 36 C.F.R. 67,and Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to section 102(b),Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form
HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which
would require that updates be prepared. The Subrecipient must disclose:
a. All developers,contractors,consultants and engineers involved in the application or in the planning,development
or implementation of the project or CDBG-DR-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.
15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for
administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 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-DR financial assistance to beneficiaries,businesses or other third
parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply
with,and this Agreement is subject to,Chapter 112 F.S.
17. Any payment by the Subrecipient using CDBG-DR 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 DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre-
approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with
CDBG-DR funds.
18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the
construction progresses, additional photography or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of the activity locations will be provided to DEO with the
administrative closeout package for this Agreement.
19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion
by a licensed professional as meeting the specifications of the design,as may have been amended by change orders.
The date of completion of construction shall be noted as part of the certification. This certification shall be
accomplished prior to submission of an administrative closeout package and a copy of the certification shall be
submitted with the administrative closeout package.
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Attachment E — State and Federal Statutes, Regulations, and Policies
The CDBG-DR funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal
award under the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2
CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the
Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in
this agreement.
The Subrecipient agrees to,and,by signing this Agreement,certifies that,it will comply with all applicable provisions of
the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified
by the Federal Register notices that govern the use of CDBG-DR funds available under this agreement. These Federal
Register notices include, but are not limited to, Federal Register Guidance Vol. 83, No. 28/Friday, February 9,
2018/Notices and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the
Subrecipient does not assume any of Grantee's responsibilities for environmental review, decision-making and action,
described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DEO's responsibilities for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable
Federal, state and local laws,regulations and policies that govern the use of the CDBG-DR funds in complying with its
obligations under this agreement,regardless of whether CDBG-DR funds are made available to the Subrecipient on an
advance or reimbursement basis.
The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds
otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State and local laws,
regulations and policies governing the funds provided under this Agreement,including,but not limited to the following.
I. State of Florida Requirements
State of Florida Requirements are stated throughout this Agreement and Attachments thereto.
II. Audits,Inspections,and Monitoring
1. Single Audit
The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the
Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set
forth in§200.501 Audit requirements.
2. Inspections and Monitoring
The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial
statements as necessary for DEO to meet the requirements of 2 CFR part 200.
The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward
is used for authorized purposes,in compliance with Federal statutes, regulations, and the terms and conditions
of this agreement.
This review must include: (1) reviewing financial and performance reports required by DEO; (2) following-up
and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal
award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means;and
(3)issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient
from DEO as required by 2 CFR§200.521.
3. Corrective Actions
The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient as
may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2).DEO may issue management
decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may
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require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award
provided to the subrecipient from the pass-through entity detected through audits, on-site reviews and other
means. In response to audit deficiencies or other findings of noncompliance with this agreement, Grantee may
impose additional conditions on the use of the CDBG-DR funds to ensure future compliance or provide training
and technical assistance as needed to correct noncompliance.
III. Drug-Free Workplace
Drug-free workplace. Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429,
which adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free
Workplace Act of 1988(Pub.L. 100-690,Title V,Subtitle D;41 U.S.C. 701-707).
IV. Procurement and Contractor Oversight
The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.326 when procuring
property and services under this agreement.The Subrecipient shall impose the Subrecipient's obligations under this
agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its
contractors.
The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically
including,24 CFR 570.609 or 24 CFR 570.489(1) as appropriate. CDBG funds may not be provided to excluded or
disqualified persons.
The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured
contract or agreement,its contractors perform according to the terms and conditions of the procured contracts or
agreements,and the terms and conditions of this agreement.
V. Property Standards
Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR
570.200(j).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR
200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that
when the equipment is sold,the proceeds shall be program income and equipment not needed by the Subrecipient
for activities under this agreement shall be transferred to DEO for its CDBG-DR program or shall be retained after
compensating DEO.
The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to
the extent they are inconsistent with 24 CFR 570.200(j) and 24 CFR 570.489(j), in which case Subrecipient shall
comply with 24 CFR 570.200(j)and 24 CFR 570.489(j),except to the extent that proceeds from the sale of equipment
are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR
570.489(e)(1)(ii).
VI. Federal Funding Accountability and Transparency Act(FFATA)
The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2 CFR part 25,
appendix A, and must have a Data Universal Numbering System (DUNS) number. The Subrecipient e must also
comply with provisions of the Federal Funding Accountability and Transparency Act,which includes requirements
on executive compensation,2 CFR part 170 Reporting Subaward and Executive Compensation Information.
VII.Relocation and Real Property Acquisition
The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970,as amended(URA),42 USC 4601 —4655,49 CFR part 24,24 CFR part 42,and 24 CFR 570.606.
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In addition to other URA requirements,these regulations (49 CFR§24.403(d))implement Section 414 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181,which provides that "Notwithstanding
any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the
URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the
President, to meet the occupancy requirements set by such Act".
VIII.Nondiscrimination
1. 24 CFR part 6
The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of
the Housing and Community Development Act of 1974(Title I) (42 U.S.C.5309).Section 109 provides that no
person in the United States shall,on the ground of race,color,national origin,religion or sex,be excluded from
participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded
in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age
Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these
requirements applicable to programs or activities funded in whole or in part with CDBG-DR funds.Thus,the
Subrecipient shall comply with regulations of 24 CFR part 8,which implement Section 504 for HUD programs,
and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs.
2. Architectural Barriers Act and the Americans with Disabilities Act
The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act
and the Americans with Disabilities Act.The Architectural Barriers Act of 1968 (42 U.S.C.4151-4157)requires
certain Federal and Federally funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that insure accessibility to,and use by,physically handicapped people.A building or
facility designed, constructed or altered with funds allocated or reallocated under this part after December 11,
1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"
as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42
U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR
part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type
buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment,public accommodations,
State and local government services and telecommunications. It further provides that discrimination includes a
failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily
accessible to and usable by individuals with disabilities. Further,the ADA requires the removal of architectural
barriers and communication barriers that are structural in nature in existing facilities, where such removal is
readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense.
3. State and Local Nondiscrimination Provisions
The subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703-
288.706,F.S.);Title VI of the Civil Rights Act of 1964 (24 CFR part 1)
(i) General Compliance:
The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964(P.L. 88-
352),as amended. No person in the United States shall,on the ground of race,color or national origin,be
excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under
any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR
1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate
against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil
Rights Act of 1964 or 24 CFR part 1,or because he has made a complaint,testified,assisted or participated
in any manner in an investigation,proceeding or hearing under 24 CFR part 1.The identity of complainants
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shall be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including
the conduct of any investigation,hearing or judicial proceeding arising thereunder.
(ii) Assurances and Real Property Covenants:
As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the
Subrecipient assures that the program or activities described in this Agreement will be conducted and the
housing,accommodations,facilities,services,financial aid or other benefits to be provided will be operated
and administered in compliance with all requirements imposed by or pursuant to this part 1.
If the Federal financial assistance under this agreement is to provide or is in the form of personal property
or real property or interest therein or structures thereon,the Subrecipient's assurance herein shall obligate
the Subrecipient or,in the case of a subsequent transfer, the transferee, for the period during which the
property is used for a purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits,or for as long as the recipient retains ownership or
possession of the property, whichever is longer. In all other cases, the assurance shall obligate the
Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract
or application.This assurance gives DEO and the United States a right to seek judicial enforcement of the
assurance and the requirements on real property.
In the case of real property,structures or improvements thereon,or interests therein,acquired with Federal
financial assistance under this Agreement or acquired with CDBG-DR funds and provided to the
Subrecipient Under this Agreement,the instrument effecting any disposition by the Subrecipient of such
real property, structures or improvements thereon, or interests therein, shall contain a covenant running
with the land assuring nondiscrimination for the period during which the real property is used for a purpose
for which the Federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits. If the Subrecipient receives real property interests or funds or for the
acquisition of real property interests under this Agreement,to the extent that rights to space on,over,or
under any such property are included as part of the program receiving such assistance, the
nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such
space.
4. Affirmative Action
(i) Approved Plan
The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action
Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended,
and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the release of funds under this agreement.
(ii) Women-and Minority-Owned Businesses (W/MBE)
The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that
minority businesses, women's business enterprises, and labor surplus area firms are used when possible
when the Subrecipient procures property or services under this agreement.
(iii) Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency
contracting officer,advising the labor union or worker's representative of the Subrecipient's commitments
hereunder,and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
(iV) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The Subrecipient shall,in all solicitations or advertisements for employees placed by or on behalf of the
Subrecipient,state that it is an Equal Opportunity or Affirmative Action employer.
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IX. Labor and Employment
1. Labor Standards
The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community
Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in whole or in part with assistance received
under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act,as amended(40 U.S.C.
3141,et seq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of
residential property only if such property contains not less than 8 units.
The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act(18 U.S.C. 874) and its implementing
regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation
shall be made available to DEO for review upon request.
X. Section 3 of the Housing and Urban Development Act of 1968
1. Definitions
A low-income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437a(b)(2)). Section
3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not
exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for
smaller and larger families,except that the Secretary may establish income ceilings higher and or lower than 80
per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary
because of prevailing levels of construction costs or unusually high or low—income families;or (ii)A very low-
income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437 a(b)(2)). Section 3(b)(2)
of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose
incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary
with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher
or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations
are necessary because of unusually high or low family incomes.
2. Compliance
The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968,
as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The
Subrecipient shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered
contract" (as defined in 24 CFR 135.5).
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 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.
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
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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 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision
of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in
24 CFR part 135.
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 CFR part 135 require employment opportunities to be directed,were not
filled to circumvent the contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's
regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and
debarment or suspension from future HUD assisted contracts.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default,and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises.Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to
comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section
7(b).
3. Numerical Goals
Recipients of HUD federal financial assistance shall meet the following hiring and contract numerical goals to
achieve compliance with Section 3 as found at 24 CFR 135.30 (Numerical goals for meeting the greatest extent
feasible requirement.)
A. Hiring - Recipients of Section 3 covered community development assistance, and their contractors and
subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section
135.3(a)(3))may demonstrate compliance with the requirements of this part by committing to employ Section
3 residents as:
i. 10 percent of the aggregate number of new hires for the one year period beginning in FY 1995;
ii. 20 percent of the aggregate number of new hires for the one year period beginning in 1996;and
iii. 30 percent of the aggregate number of new hires for the one year period beginning in FY 1997 and
continuing thereafter.
B. Contracting - Numerical goals set forth in paragraph (B) of this section apply to contracts awarded in
connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor
and subcontractor (unless the contract or subcontract awards do not meet threshold specified in Section
135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to award to
Section 3 business concerns:
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i. At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work
for maintenance, repair, modernization or development of public or Indian housing, or for building
trades work arising in connection with housing rehabilitation, housing construction and other public
construction;and
ii. At least three(3) percent of the total dollar amount of all other Section 3 covered contracts.
XI. Conduct
1. Hatch Act
The Subrecipient shall comply with the Hatch Act,5 USC 1501 —1508,and shall ensure that no funds provided,
nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V of the U.S.C.
2. Conflict of Interest
In the procurement of supplies, equipment, construction and services pursuant to this agreement, the
Subrecipient shall comply with the conflict of interest provisions in DEO's procurement policies and procedures.
In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures,
the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h).
3. Lobbying Certification
The Subrecipient hereby certifies that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress in connection with the awarding
of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement and the extension, continuation, renewal, amendment or modification of
any Federal contract,grant,loan,or cooperative agreement;
(ii) 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, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions;
(iii) The language of paragraph(a) through(d) of 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 accordingly;and
(iv) This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into.Submission of this certification is required by section 1352,title 31,U.S.C.Any
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.
XI I.Religious Activities
The Subrecipient agrees that funds provided under this agreement shall not be utilised for inherently religious
activities prohibited by 24 CFR 570.200(j),such as worship,religious instruction or proselytization.
XIII. Environmental Conditions
1. Prohibition on Choice Limiting Activities Prior to Environmental Review
The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated
the requirement under Section 104(g) of the HCD Act for environmental review, decision- making and action
(see 24 CFR part 58) and is not delegated DEO's responsibilities for initiating the review process under the
provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically
limits commitments of HUD funds or non-HUD funds by any participant in the development process before
completion of the environmental review.A violation of this requirement may result in a prohibition on the use
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of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of
Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update
regarding the status of the review process.
2. Air and Water
The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this
agreement:
• Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended;particularly section 176(c) and (d)
(42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal
Implementation Plans (Environmental Protection Agency-40 CFR parts 6,51,and 93);and
• Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the
requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as
amended,and all regulations and guidelines issued thereunder.
3. Flood Disaster Protection
The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the
Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42
USC 4012a.Additionally,the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform
Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster
assistance,including loan assistance,to a person for repair,replacement or restoration for damage to any personal,
residential,or commercial property if that person at any time has received Federal flood disaster assistance that
was conditioned on the person first having obtained flood insurance under applicable Federal law and the person
has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such
property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify
transferees about mandatory flood purchase requirements. More information about these requirements is
available in the Federal Register notices governing the CDBG-DR award and listed at the beginning of this
Attachment.
4. Lead-Based Paint
DEO shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives and
requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35,
subparts A,B,J,K,and R of this title.
5. Historic Preservation
The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966,as amended,codified in title 54 of the United States Code,and the procedures set forth
in 36 CFR part 800 insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal,state or local
historic property list.
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Attachment F — Civil Rights Compliance
Fair Housing
As a condition for the receipt of CDBG-DR funds,each Subrecipient must certify that it will "affirmatively further
fair housing"in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by
implementing the actions listed below.
Each Subrecipient shall do the following:
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 Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a
complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter
on the home page of its website;
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 quarter. Identical activities (see examples below) shall not be
conducted in consecutive quarters;and
6) Display a fair housing poster in the CDBG-DR Office. (This does not count as a fair housing activity.)
The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle
fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact
will 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 Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles,sign-in sheets
and copies of handouts in their CDBG-DR project file and include information about the activities in the comment
section of each quarterly report.
Equal Employment Opportunity
As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it and the contractors,
subcontractors, subrecipients and consultants that it hires with CDBG-DR funds will abide by the Equal Employment
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Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Each Subrecipient shall do the following:
1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants
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
Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint.
Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the
home page of its website;and
4) Establish a system to record the following for each 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 Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women-owned
business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on
CDBG-DR-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 MBE/WBE list at the following website:
https://osd.dms.myflorida.com/directories.
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of CDBG-DR funds,the Subrecipient must certify that it provides access to all federally
funded activities to all individuals,regardless of handicap. The Subrecipient shall demonstrate its commitment to abide
by the laws through the actions listed below.
The Subrecipient 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
1 Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register
a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the
quarter on the home page of its web site;and
4) Establish a system to record the following for each Section 504/ADA call:
a) The nature of the call,
b) The actions taken in response to the call and
c) The results of the actions taken.
Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability, accessibility,
delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial
assistance. A Subrecipient of Federal financial assistance may not,on the basis of disability:
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• 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. Tide 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 Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job
openings that exist on CDBG-DR-funded projects in the community. The Subrecipient and its contractors shall keep
records to document the number of low- and moderate-income people who are hired to work on CDBG-DR-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 clause from 24 C.F.R.§ 135.38 is required to be included in CDBG-DR-funded contracts of$100,000
or more.
Section 3 Clause
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 Subrecipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R.part 135,which implement Section
3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the part 135 regulations.
C. 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'
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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 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part
135. 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 135.
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 135 require employment opportunities to be directed,were not filled to circumvent the
contractor's obligations under 24 C.F.R.part 135.
F. Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions, termination of this contract
for default and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b)of the
Indian Self-Determination and Education Assistance Act(25 U.S.C. §450e)also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible,
but not in derogation of compliance with Section 7(b).
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Civil Rights Regulations
As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it will abide by the following
Federal laws and regulations:
1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964—prohibits employment discrimination on the basis of race, color,religion,
sex or national origin;
3. Title VIII of the Civil Rights Act of 1968—as amended(the Fair Housing Act of 1988);
4. 24 C.F.R. §570.487(b)—Affirmatively Furthering Fair Housing;
5. 24 C.F.R. § 570.490(b)—Unit of general local government's record;
6. 24 C.F.R. §570.606(b)—Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892—Leadership and Coordination of Fair Housing in Federal Programs:Affirmatively Furthering
Fair Housing;
9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from
participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG-DR
funds because of race,color,religion,sex or national origin;
10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R.part 8,which prohibits discrimination against people with
disabilities;
11. Executive Order 11063—Equal Opportunity in Housing;
12. Executive Order 11246—Equal Employment Opportunity;and
13. Section 3 of the Housing and Urban Development Act of 1968, as amended — Employment/Training of Lower
Income Residents and Local Business Contracting.
I hereby certify that shall comply with all of the provisions and Federal regulations listed in
this attachment.
By: Date:
Name:
Title:
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Attachment G — Reports
The following reports must be completed and submitted to DEO in the time frame indicated below. Failure
to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this
Agreement.
1. Monthly Progress Report must be submitted to DEO ten(10)calendar days after the end of each month.
2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than
the 10th of every April,July,October and January.
3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
https://www.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted
by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all
contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise
participation. If no activity has taken place during the reporting period,the form must indicate"no activity".
The Subrecipient shall closeout its use of the CDBG-DR funds and its obligations under this Agreement by
complying with the closeout procedures in 2 CFR§200.343.Activities during this close-out period may include,but are
not limited to: making final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances and accounts receivable to DEO) and determining the
custodianship of records.
Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall
transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Further, any real property under the Subrecipient's control that was acquired or improved in
whole or in part with CDBG funds (including CDBG funds provided to the Subrecipient in the form of a loan) shall be
treated in accordance with 24 CFR 570.503(b)(7).
4. In accordance with 2 C.F.R.part 200,should the Subrecipient meet the threshold for submission of a single
or program specific audit,the audit must be conducted in accordance with 2 C.F.R.part 200 and submitted to DEO
no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit
threshold,an Audit Certification Memo must be provided to DEO no later than nine months from the end of the
Subrecipient's fiscal year.
5. A copy of the Audit Compliance Certification form, Attachment J, must be emailed to
auditna,deo.myflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was
open.
6. The Section 3 Summary Report, form HUD-60002, must be completed and submitted through DEO's
SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding
employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements.
7. Request for Funds must be submitted as required by DEO and in accordance with the Scope of Work,
Project Detail Budget and Activity Work Plan.
8. All forms referenced herein are available online or upon request from DEO's grant manager for this
Agreement.
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Attachment H — Warranties and Representations
Financial Management
The Subrecipient's financial management system must comply with the provisions of 2 C.F.R. part 200 (and
particularly 2 C.F.R 200.302 titled"Financial Management"),Section 218.33,F.S.,and include the following:
(1) Accurate,current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain information
pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest.
(3) Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard
all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate,
financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 C.F.R.
part 200 (and particularly 2 C.F.R. 200 Subpart E titled"Costs Principles") 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. §§ 200.318-200.326 and be conducted in a
manner providing full and open competition. The Subrecipient 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,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
Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
The Subrecipient 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 a
tangible personal benefit from a firm considered for a contract. The officers,employees and agents of the Subrecipient
shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts.
The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers,
employees or agents of the Subrecipient. (See 2 C.F.R. §200.318(c)(1).)
Business Hours
The Subrecipient shall have its offices open for business,with the entrance door open to the public,and at least one
employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,but
ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday.
Licensing and Permitting
All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all the
work for which they are hired by the Subrecipient.
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Attachment I — Audit Requirements
The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by
DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F-Audit Requirements,and section
215.97,F.S.,as revised (see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits
by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement,
the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by
DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees
to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The
Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Chief Financial Officer(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or
nonprofit organization as defined in 2 CFR§200.90,§200.64,and§200.70.
1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining
the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards,
including federal resources received from DEO. The determination of amounts of federal awards expended
should be in accordance with the guidelines established in 2 CFR§ 200.502-503.An audit of the Subrecipient
conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the
requirements of this Part.
2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR§ 200.508-512.
3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient
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 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be
paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources
obtained from other than federal entities).
PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section
215.97(2),F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the
Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section
215.97,F.S.;Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental
entities) and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this
form lists the state financial assistance awarded through DEO by this agreement. In determining the state
financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial
assistance, including state financial assistance received from DEO, other state agencies, and other nonstate
entities.State financial assistance does not include federal direct or pass-through awards and resources received
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by a nonstate entity for federal program matching requirements.
2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting
package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years
ending June 30,2017,and thereafter),an audit conducted in accordance with the provisions of section 215.97,
F.S.,is not required. If the Subrecipient expends less than$750,000 in state financial assistance in its fiscal year
and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the
audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the
Subrecipient's resources obtained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS
(NO I Li:This part would be used to.specify my 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 for audits conducted in accordance with 2 CFR 200,Subpart F-Audit
Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR
§200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in
2 CFR§200.36 and§200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB web site.
2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of
the Subrecipient directly to each of the following:
a. DEO at each of the following addresses:
Electronic copies (preferred): or Paper(hard copy):
Audit@deo.myflorida.com Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee,FL 32399-4126
b. The Auditor General's Office at the following address:Auditor General
Local Government Audits/342 Claude
Pepper Building,Room 401 111 West
Madison Street Tallahassee,Florida 32399-
1450
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The Auditor General's website (https://flauditor.gov/)provides instructions for filing an electronic
copy of a financial reporting package.
3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf
of the Subrecipient directly to:
Electronic copies (preferred): or Paper(hard copy):
Auditndeo.myflorida.com Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee,FL. 32399-4126
4 Any reports, management letters, or other information required to be submitted DEO pursuant to this
agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor
General,as applicable.
5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR
200,Subpart F-Audit Requirements,or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit
and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package
was delivered to the Subrecipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five (5) years from the date the audit report is issued,or six (6) state
fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer,
and shall allow DEO,or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient
shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request
for a period of six (6) years from the date the audit report is issued,unless extended in writing by DEO. In addition,if
any litigation,claim, negotiation, audit,or other action involving the records has been started prior to the expiration of
the controlling period as identified above,the records shall be retained until completion of the action and resolution of
all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer.
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Exhibit 1 to Attachment I — Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S.Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: $591,374
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 Subrecipient's jurisdiction.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S.
2. The Subrecipient shall perform its obligations in accordance with 24 C.F.R. §§ 570.480—570.497.
3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or
exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and(3),F.A.C.
5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily
limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's
Notice of Subgrant Award/Fund Availability(NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs:N/A
Subject to Section 215.97,Florida Statutes:N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 C.F.R.§200.331 and Section 215.97(5),F.S.,require that the information about Federal Programs and State
Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient.
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Attachment J — Audit Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to
audit@deo.myflorida.corn.
Subrecipient:
FEIN: Subrecipient's Fiscal
Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Subrecipient expend state financial assistance,during its fiscal year that it received
under any agreement (e.g.,contract,grant,memorandum of agreement,memorandum of
understanding,economic incentive award agreement,etc.) between the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient expend federal awards during its fiscal year that it received under any
agreement (e.g.,contract,grant,memorandum of agreement,memorandum of understanding,
economic incentive award agreement,etc.) between the Subrecipient and DEO? ❑Yes
n No
If the above answer is yes,also answer the following before proceeding to execution of this
certification:
Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other
sources of federal awards combined) during its fiscal year? ❑Yes ❑ No
If yes,the Subrecipient certifies that it will timely comply with all applicable single or
program-specific audit requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of the Subrecipient, that the above representations
for items 1 and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Tide of Authorized Representative
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Attachment K— Subrecipient Enterprise Resource Application
(SERA) Form
Subrecipient Enterprise Resource Application (SERA)Form
Department of Economic Opportunity All fields MUST
Subrecipient Enterprise Resource Application(SERA) be completed for
Security Agreement/Confidentiality Form for Subrecipients access to be
granted.
Section A—Requestor's Information
User Contact Information Primary Unit Information
First Name: Organization Name:
Middle Name: Address:
Last Name: City:
Job Title: State: Zip:
Phone Number: Region: County:
Fax Number: Unit(s):
Email:
Section B—Level of Access Requested
PROGRAM PROGRAM PROGRAM READ FULL REASON FOR ACCESS
GROUP SPECIFIC ONLY ACCESS
WORKFORC All Workforce Programs ❑ ❑
E
ESS ❑ ❑
WAP ❑
LIHEAP ❑
CSBG El
CDBG ❑ ❑
CDBG ❑
CDBG—DR(List below) ❑
Section C—Subrecipient Access Approval
Security/Confidentiality Agreement
Your supervisor has authorized you to have access to sensitive data through the use of the Department of Economic Opportunity(DEO)Information Systems and related
media(i.e.printed reports,system inquiries,etc.).All confidential information,particularly Personally Identifiable information(PII)are subject to the protection of
federal,state and local laws and are to be protected accordingly.Unauthorized access,use,disclosure,modification,and/or destruction of confidential information is a
crime under state and federal laws,including,but not limited to The Florida Computer Crimes Act,Chapter 815 Florida Statutes(ES.)and Florida's Unemployment
Compensation Law,Chapter 443,F.S.
"1 certified that I have read the security/confidentiality statement printed above.I further certify and understand that unauthorized access,use modification,
dissemination,and/or destruction of confidential information may be punishable as a crime and/or result in disciplinary action taken against me.I acknowledge that I have
received,read and that I understand Chapter 815,F.S.and have received any necessary clarification from my supervisor.
Requestor's Signature Supervisor's Signature CFO/Executive Director's Signature
Print/Type Name Date Print/Type Name Date Print/Type Name Date
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Section D—DEO Authorization
SERA ROLE SERA PROFILE
DEO Program Approval
Signature Print Name Date
DEO BFM Approval
Signature Print Name l)a to
DEO Security Officer's Approval
Signature Print Name Date
DEO IT:Activated Inactivated:
Date Date
-End of Attachment K—
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Attachment L
2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal
Entity Contracts Under Federal Awards
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the following,as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council(Councils)as authorized by 41 U.S.C. 1908,must address administrative,
contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide
for such sanctions and penalties as appropriate.
(B) All contracts in excess of$10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts
that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246,"Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp.,p. 339),
as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract
Compliance Programs,Equal Employment Opportunity,Department of Labor."
(D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week.The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination.The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency.The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts
awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a standard work
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week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition
of"funding agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G)Clean Air Act(42 U.S.C.7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387),as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision
that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
(J) See § 200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79
FR 75888,Dec. 19,2014]
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Attachment M
State of Florida
Department of Economic Opportunity
Federally-Funded
Community Development Block Grant
Disaster Recovery (CDBG-DR) Subrogation Agreement
This Subrogation and Assignment Agreement("Agreement") is made and entered into on this day of
, 20 , by and between (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-Disaster Recovery Program (the "CDBG-DR 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 "Disaster Program" and collectively,
the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to
Subrecipient under the CDBG-DR 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,the 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-DR
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 Disaster
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-DR Program,the Policies,any amounts received under the Disaster Programs
that are DOB Proceeds and/or any rights thereunder,and to take,or cause to be taken,all actions and to do,
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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-DR Program in an amount greater
than the amount Subrecipient would have received if such DOB Proceeds had been considered in the
calculation of Subrecipient's award.
In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient
shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such
subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess
of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be
disbursed as follows:
1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds
shall be retained by DEO.
2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds
shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient,and all Subsequent
DOB Proceeds shall be returned to the Subrecipient.
3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall
be used,retained and/or disbursed in the following order: (A)Subsequent DOB Proceeds shall first be
used to reduce the remaining payments of the Grant Proceeds,and Subsequent DOB Proceeds in such
amount shall be returned to the Subrecipient;and (B) any remaining Subsequent DOB Proceeds shall
be retained by DEO.
4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG-
DR Program or the Subrecipient determines not to participate in the CDBG-DR Program, the
Subsequent DOB Proceeds shall be returned to the Subrecipient,and this Agreement shall terminate.
Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to
Subrecipient any rights assigned to DEO pursuant to this Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds
received by Subrecipient shall be true and correct as of the date of the signing of this Agreement.
Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject
to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C. 3729.
The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received,
read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received
by Subrecipient.
In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement,
including actual attorney's fees.
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SUBRECIPIENT
[insert Subrecipient name]
By:
Name:
Title:
Date:
DEO:
[insert name of administrative entity]
By:
Name:
Title:
Date:
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