Agenda 05/13/2025 Item #16D 6 (First Amendment to Community Development Block Grant Mitigation subrecipient agreement # I0162 between the State of Florida, Department of Commerce and Collier County)5/13/2025
Item # 16.D.6
ID# 2025-1415
Executive Summary
Recommendation to approve and authorize the Chairman to sign the First Amendment to Community Development
Block Grant Mitigation subrecipient agreement # I0162 between the State of Florida, Department of Commerce and
Collier County for the Hardening of the Marion E. Fether Medical Clinic in Immokalee. (Grant Funds 1835)
OBJECTIVE: To utilize grant funds for hardening activities to support critical facilities throughout Collier County.
This project supports the Collier County Strategic Objective of infrastructure and asset management to prepare for the
impacts of natural disasters on our critical infrastructure and natural resources.
CONSIDERATIONS: In response to a Presidentially declared disaster in 2017, Congress appropriated funding for the
Community Development Block Grant Mitigation (CDBG-MIT) program to mitigate future disasters. The U.S.
Department of Housing and Urban Development (HUD) has provided federal funding to the State of Florida Department
of Economic Opportunity (DEO) to harden critical public facilities to mitigate and become more resilient to future
disasters. The CDBG-MIT program - Critical Facility Hardening Program (CFHP) program has a focus on mitigation of
future disasters, including hurricanes, wildfires, and other natural disasters.
On April 15, 2020, the State of Florida, Department of Commerce (DOC; formerly Department of Economic
Opportunity) announced the first round of CDBG-MIT funding. The DOC required the unit of local government to serve
as the applicant and coordinate applications on behalf of the local municipalities, healthcare providers, and other public
agencies. The County Manager approved the After the Fact submittal of five (5) applications on June 29, 2020. On July
14, 2020, the Board of County Commissioners (Board) approved Agenda Item #16.D.6 - the “After-the-Fact” submittal
of five (5) applications to the DOC.
On February 4, 2021, the DOC awarded CDBG-MIT funds to four (4) of the five (5) submitted applications. On June
28, 2022, Agenda Item #16.D.7 the Board accepted DOC CDBG-MIT funds for the four (4) hardening projects
including the I0162 Marion E. Fether Medical Center Immokalee – Healthcare Network.
The Marion E. Fether Agreement has a period of performance of 8/4/2022 – 08/3/2026 and totals $216,552.00. The
current agreement’s scope of work includes: the installation of 7 non-impact doors and 59 windows to be compliant with
Florida Building Codes.
The proposed first amendment to agreement will update the scope of work in Attachment A from the replacement of 7
doors and 59 windows to the replacement of 61 windows, update Section 15 “Citizen Complaints,” update Section 28
“Employment Eligibility Verification,” and Update Attachment G regarding Section 3 and 6 Reporting Requirements.
This project supports the Collier County Strategic Objective of infrastructure and asset management to prepare for the
impacts of natural disasters on our critical infrastructure and natural resources.
FISCAL IMPACT: The proposed action has no new fiscal impact. Funds are available in the Housing Grant Fund
(1835) , Project 33806.
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth Management
Plan of Collier County.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. --JAK
RECOMMENDATIONS: Recommendation to approve and authorize the Chairman to sign the First Amendment to
Community Development Block Grant Mitigation subrecipient agreement # I0162 between the State of Florida,
Department of Commerce and Collier County for the Hardening of the Marion E. Fether Medical Clinic in Immokalee.
(Grant Funds 1835)
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5/13/2025
Item # 16.D.6
ID# 2025-1415
PREPARED BY: Parker Smith, Grants Coordinator; Community and Human Services Division
ATTACHMENTS:
1. 1st Amendment to CDBG-MIT
2. I0162-CollierCounty EXECUTED Agreement
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DEO Agreement No.:10162
State of Florida
Department of Economic Opportunity
F e derally Funde d
Community Developme nt Block Gr ant
Mitig ation Pr ogram (CDBG-MIT)
Subrecipi e nt Ag reem e nt
THIS SUBRECIPIENT AGREEMENT is entered into b y the State of Florida, Department of Economic
Opportunity, (hereinafter referred to as "D EO") and the Collier County Board of County Commissioners,
Florida hereinafter referred to as the "Subrecipient" (eac h individually a "Party" and collectively "the Parties").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLO\VJNG REPRESENTATIONS:
WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budge t Act of 2018 and Additional
Supplemental A ppropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20
Supplemental A ppropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B,
Subdivision 1 of the Bipartisa n Budget Act of 2018, P .L. 115-56 , the "Continuing Appropriations Act, 2018" ;
and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers,
and Alternative Requirements for Community Development Block Grant Ivlitigation Grantees", 84 FR 45838
(August 30, 2019) and "Allocations, Common A pplication, Waivers, and Alternative Requirements for
Community Development Block Grant Disaster Recovery Grantees" (C DBG Mitigation) 86 FR 561 Qanuary
6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of
Housing and Urban Development 01ereinafter referred to as "HUD") has awarded Community Development
Block Grant-Mitigation (C D BG-MIT) fund s to DEO for mitigation activities authorized under Title I of the
Housing and Community Development Ac t of 19 74 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.)
and applicab le implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act.
WHEREAS, CDBG-MIT funds made available for u se by the Subrecipient under this Agreement
constitute a subaward of the DEO Federal award, the u se of which must be in accordance with requirements
imposed b y Federal statu te s, regulations and tl1e terms and conditions of D EO's Federal award.
WHEREAS, the Subrecipient ha s legal authority to enter into this Agreement and by signing this
Agreement, the Subrecipient represents and warrants to DEO tl1at it will comply witl1 all the requirements of
the subaward described herein.
WHEREAS, all CD BG-MIT activities carried out by the Subrecipient will: (1) meet the definition of
mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and
lo ss of property, and suffering and hardship, b y le sse ning the impact of future disasters; (2) address the current
and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s);
(3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative
requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a
Covered Project.
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NOW THEREFORE, DEO and the Sub recipient agree to the following:
(1) SCOPE OF WORK
The Scope of \v'ork for this Agreement includes Attachment A, Project Description and Deliverables.
With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Su brecipient shall
submit to DEO such Attachments in conformity with the current example s attached hereto as necessary and
appropriate. Provided further, if there is a disagreement between the Parties, with respect to the formatting and
contents of such attachments, then DEO's decisions with respect to same sh all prevail, at DEO's sole and
absolute discretion .
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Subrecipient has diligently reviewed tl1is Agreement and is a sophisticated organization having experience
managing projects with funds made availab le through federal grants. Subrecipient is familiar \vith DEO's grant
agreement with HUD, has reviewed appli cable CDBG-MIT regulations and guidelines, will conduct, and will
ensure its activities are in compliance with DEO's grant agreement with HUD and all applicable CDBG-MIT
regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws , rules and
regulations as n ow in effect and as may be amended from time to time, including but not limited to, the Federal
laws and regulations set forth in 24 CFR Part 570, applicable Federal R egister Notices, the State's Action Plan,
and all applicable CD BG-MIT regulations and guidelines.
Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these
provisions, as applicable: 45 CFR Part 7 5, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part
570 subpart I , et seq ., and all other applicable federal laws, regulations, and policies governing the funds provided
under this Agreement as now in effect and as may be amended from time to time.
(3) PERIOD OF AGREEMENT
This Agreement is effective as of tl1e date DEO executes this Agreement (the "Effective Date") and ends
forty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein.
(4) RENEWAL AND EXTENSION
This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the
Subrecipient provides justification satisfactory to DEO in its sole discretion and D EO's Director of the
Division of Community Development approves such extension in writing.
(5) MODIFICATION OF AGREEMENT
Modifications to tlus Agreement shall be valid only when executed in writing b y the Parties . A n y
modification request b y 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.
(6) RECORDS
(a) The Subrecipient's performance under this Agreement shall be sub ject to 2 CFR part 200 -
Uniform Administrative Requirements, Cost Princip les and Audit Requirements for Federal Awards as
now in effect and as may b e amended from time to time.
(b) Representatives of DEO, the Cluef Financial Officer of the State of Florida, the A uditor General
of the State of F lorida, tl1e F lorida 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
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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 b y DEO under diis Agreement.
(d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure
that all related party transac tions 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 tl1e provisions of 24 CFR 570.493 and 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 D EO. 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 tl1e records have been resolved.
2. Record s 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.
(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 diis 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 tl1at tl1e Subrecipient's accounting syste m 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 diis Agreement with any other funds, projects or programs.
D EO may, in its sole discretion, disallow costs made witl1 commingled funds and require reimbursement
for such costs as described herein, Subparagraph (22)(e), Repayments.
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and
consultants to be paid from funds provided under diis Agreement, shall allow access to its records at
reasonable times to representatives of D EO, 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 busines s hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
(7) AUDIT REQUIREMENTS
(a) The Subrecipient shall conduct a single or program-s pecific audit in accordance with the
provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
(b) Witl1in sixty (60) calendar days of the clo se of Subrecipient's fiscal year, on an annual basis, the
Subrecipient shall electronically submit a completed A udit Compliance Certification to
audit@deo.myflorida.com, and D EO's grant manager; a blank version of which is attached hereto as
Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill tlus requirement within all agreements (e.g., contracts, grants,
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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-MIT subgrant.
(d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including
but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions
are applicable to this Agreement.
(8 ) RE PORTS
Subrecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The
monthly reports and administrative closeout reports must include the current status and progress of
Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and
the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient
shall provide additional program updates or information. Without limiting any other remedy availab le to DEO,
if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,
payments may be withheld until the reports are completed to DEO's satisfaction . DEO may also take other
action as stated in Paragraph (13) Remedies or otherwise allowable by law.
(9) IN SP E CTI ONS AND MONIT ORING
(a) Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and
will immediately provide access to records and financial statements as deemed necessary by DEO, HUD,
and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR
570.489.
(b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by
DEO to ensure that the subaward is used for authorized purposes in compliance with federa l statutes,
regulations, and this Agreement.
(c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring
procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO;
(2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site
reviews and other means; and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to Subrecipient from DEO as required b y 2 CFR §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 Subrecipient to take timely and
appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the
pass-through entity as detected through audits, on-site reviews and other means. In response to audit
deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and
without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure
future compliance or provide training and technical assistance as needed to correct noncompli ance. DEO
may also take other action as stated in Paragraph (13 ) Remedies or otherwise allowable by law.
(10) D U PLICATI ON O F B EN EFITS
Subrecipient shall not carry out any of the activities under this Agreement in a manner that res ults in a
prohibited duplication of benefits as defined b y Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 19 74 (42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient
must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and
HUD guidance (including HUD training materials). Subrecipient shall carry out th e activities under this
Agreement in compliance with DEO's procedures to prevent duplication of benefits. Subrecipient shall sign a
Subrogation Agreement (See Attachment M).
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(11) LIABILITY
(a) If Subrecipient is a state agency or subdivision, as define d in Section 768.28(2), F.S., pursuant to
Section 7 68.28 (19), F.S., neither Party indemnifies nor insure s or assumes any liability for the other Party
for the other Party's negligence.
(b ) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with
or employs to carry out the terms of this Agreement to the extent set forth in Section 768 .28, Florida
Statutes . Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work
and services performed by third parties under this Agreement. For purposes of this Agreement,
Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor.
(c) Subrecipient agrees to be full y re s ponsible for its negligent or tortious acts or omissions, which
result in claims or suits against D E O. 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 DEO 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.
(12) EVENTS OF DEFAULT
If any of the following events occur ("Events of Default"), DEO may, in its sole and absolute discr etion,
elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available
through this Agreement or pursue any remedy at law or in equity, without limitation :
(a) Any warranty or representation made by Su b recipient, in this Agreement or any previous
agreement with DEO, is or becomes fal se or misleading in any respect, or if Subrecipient fails to keep or
perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with
DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its
obligations under this Agreement and/ or as required b y statute, rule, or regulation;
(b) Any material adverse change occurs in the financial condition of Subrecipient at any time during
the term of this Agreement and the Subrecipient fail s to cure this adverse change within thirty (30) calendar
days from the date written notice is sent b y DEO;
(c) If Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete, or insufficient information or fail s to submit additional information as requested by D E O;
(d) If Subrecipient fail s 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 neglige nce of the Party or its employees or agents and
the d elay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond tl1e 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 dismption in the Party's
performance obligation under this Agreement. If tl1e delay is excusable under this paragraph, the delay will
not result in any additional charge or cost under tl1e Agreement to eitl1er Party. In the case of any delay
the Subrecipient believes is excusab le under tlus paragraph, Subrecipient sha ll notify DEO in writing of
the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar d ays
after the cause that creates or will create the delay first aro se, if Subrecipient could reasonably foresee that
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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 tl1e Agreement price or
payment of any kind from DEO for dir ect, 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 delaye d,
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 increase d cost, unless DEO determines, in its sole discretion, that
the delay will significantly impair the value of tl1e Agreement to DEO or tl1e 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 tl1e related costs and expenses) to replace all or part of tl1e 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 w h o le or in part.
(13) REMEDIES
If an Event of Default occurs, DEO may in its sole discretion and without limiting any other right or
remedy available, provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient
fails to cure witl1in tl1ose thirty (30) calendar days DEO may choose to exercise one or more of the following
remedies, eitl1er concurrently or consecutively:
(a) Terminate this Agreement upon written notice b y DEO sent in conformity with Paragraph (17)
Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of thi s Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs
under tlus Agreement or any applicable law, rule or regulation governing the u se of the funds; and
(e) Exercise any corrective or reme dial actions, including but not limited to:
1. Request additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. I ss ue a written warning to advise that more serious measures may be taken if the situation is
not corrected; and/ or
3. Advise the Subrecipient to suspend , discontinue or refrain from incurring costs for any
activities in ques tion.
(f) Exercise any other rights or remedies wluch may be otherwise available under law.
Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in tlus Agreement or
failure b y DEO to require strict performance does not affect, extend or waive an y other right or remedy
available or affect the later exercise of the same right or remedy by DEO for any other default by the
Su brecipient.
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(14) DISPU T E RE SOLUTI ON
DEO shall decide disputes concerning the performance of the Agreement, and document dispute
decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclu sive unless the
Subrecipient files a petition for administrative hearing with DEO within twenty-one (21) days fro m the date of
receipt of th e decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S., is an absolute
condition precedent to Subrecipient's ability to pursue any other form of dispute resolution; provid ed however,
that the Parties may mutually agree to employ the alternative di spute resolution procedures outlined in C h apter
120, F.S.
(15) CITIZ EN COMPLAINT S
The goal of DEO is to provide an opportunity to resolve complaints in a timely manner, us u ally within
fifteen (15) business days of the receipt of the complaint as e..-xpected 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 policie s. All applications, guidelines and websites will inclu de
details o n the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
Appli cants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination,
(b) A program assistance award calculation, or
( c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at
CDBG-DR@deo.myflorida.com or submit by postal mail to the fo ll owing address:
Attention: Office of Long-Term Resiliency
Florida Department of Economic Opportunity
107 East Madison Street
The Caldwell Building, MSC 400
Tallahassee, Florida 32399
The subrecipient will handle citizen complaints by conducting:
(a) Investigations as necessary,
(b) Resolution, and
(c) Follow-up actions.
If the complainant is not satisfied by Sub recipient's determination, then the complainant may fi l e a wri tten
appeal by fo ll owing the instructions issued in the letter of response. If, at the conclusion of th e appeals
process, the complainant has not been satisfied with the response, a formal complaint may then b e
addressed directly to DEO at:
Department of Economic Opportunity
Caldwell Building, MS C-400
107 E Madison Street
Tallahassee, FL 32399
The Florid a Office of Long-Term Resiliency 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 fi l e
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a complaint of housing di scrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or
www.hud.gov/ fairhou sing .
(16) TERMINATION
(a) D EO may immediately suspend or terminate this Agreement for cause by providing written
notice, from the date n otice is sent by D EO . Cause includes, but is not limited to: an Event of Default
as set forth in this Agreement; Subrecipient's improper or ineffective u se of funds provided under this
Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, exec utive orders,
HUD guidelines, policies, directives or laws; failure, for an y reason, to timely and/ or properly perform
any of the Subrecipient's obligations under this Agreement; sub.mission 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
aforementioned reason s for termination are li sted in the immediately prece ding sentence for illustration
purposes but are not limiting DEO 's sole and absolute discretion with respec t to DEO's right to terminate
this Agreement. In the event of suspension or termination, Subrecipient shall not be entitl ed to recover
any cancellation charges or unreimbursed costs.
(b ) D EO may unilaterally terminate tlus Agreement, in whole or in part, for convenience b y providing
Subrecipient fourteen (14) days written notice from the date notice is sent b y DEO, se tting forth the
reasons for such termination, the effective date and, in the case of partial termination, tl1e portion to be
terminated. However, if in the case of partial termination, DEO deter.mines tl1at the remaining portion
of the award will not accomplish the purpose for which the award was made, DEO may terminate the
portion of the award which will not accomplish the purpose for which the award was made. Subrecipient
sh all continue to perform any work not terminated. In the event of termination for convenience,
Subrecipient shall not b e entitled to recover any cancellation charges or unreimburse d costs for th e
terminated portion of work.
(c) The Partie s may terminate thi s Agreement for their mutual convenience in writing, in the manner
agreed upon b y the Parties, which must include the effective date of the termination.
(d) In the event that this Agreement is terminated, Subrecipient shall not incur new obligations under
the terminated portion of tl1e Agreement after tl1e date Subrecipient has received the notification of
termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow
all costs incurred after Subrecipient's receipt of the termination notice . D E O may, to the extent
authorized b y law, withhold payments to Subrecipient for the purpose of set-o ff until the exact amount
of damages due to D EO from Subrecipient is deternuned .
(e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT funds on hand at the time o f expiration or termination and any accounts receivable
attributable to the u se of CD BG-MIT funds.
(f) Any real property under Subrecipient's control that was acquired or improved in w hole or in part
with CD BG-M IT funds (including CD BG-MIT fund s provided to the subrecipient in the form of a loan)
in excess of $25,000 must either:
1. Be used to mee t a national objective until fi ve yea rs after expiration or termination of this
Agreement, unless otherwise agreed upon b y tl1e Parties, or except as otherwise set forth herein; or
2. If not u se d 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-MIT fund s for the acquisition or improvement of tl1e property for five years after expiration
or termination of this Agreement.
(g) The rights and remedies under thi s clause are in addition to any other rights or remedies provided
by law or under tlus Agreement.
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(17) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this A greement shall be in writing, either by hand
delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of
email from Subrecipient, 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:
Anna Kurtz
107 E. Madison St
Tallahasee, Florida 32399
Phone: 850-717 -8464
Email: Anna.kurtz@deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Maria Kantaras
3339 East Tamiami Trail Suite 211
Naples, Fl 34112
Phone: 239-252-6141
Email: Maria.kantaras@colliercountyfl.gov
(d) If different representatives or addresses are designated b y either Party after execution of this
Agreement, notice of the name, title and address of the new representative will be provided as provided
for in this Agreement. Such change shall not require a formal amendment of the Agreement.
(18) CONTRACTS
If tl1e Subrecipient contracts any of ilie work required under this Agreement, a copy of the proposed
contract template and any proposed amendments, extensions, revisions, or other changes iliereto, must be
forwarded to the DEO grant manager for prior written approval. For each contract, tl1e Subrecipient shall
report to DEO as to whether iliat 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 CFR §200.318 - §200 .327and §200.330 when procuring property and services under this Agreement (refer to
Attachments D & E ).
The Subrecipient shall include ilie following terms and conditions in any contract pertaining to ilie work
required under tlus Agreement:
(a) the period of performance or date of completion;
(b) the performance requirements;
(c) that the contractor is bound by the terms of tlus Agreement;
(d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations;
(e) that tl1e contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement;
(f) the obligation of ilie Subrecipient to document in Subrecipient's reports the contractor's progress in
performing its work under this Agreement;
(g) ilie requirements of 2 CFR Appendix II to Part 200 -Contract Provision for Non-Federal Entity
Contract Under Federal Awards -(refer to Attachment L)
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Subrecipient must comply with CDBG regulations regarding debarred or suspended entitles (24 CFR
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 .
Subrecipient shall maintain oversight of all activities p erformed 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.
(19) 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 b y D EO may b e effective unless made is writing b y an authorized DEO
official.
(20) ATTACHMENTS
(a) If any inconsistencies or conflict between the language of thi s 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:
A ttachment A -Project Description and Deliverables
A ttachment B -Project Budget (Example)
Attachment C -Activity Work Plan (Example)
Attachment D -Program and Special Conditions
Attachment E -State and Federal Statutes, Regulations and Policies
Attachment F -Civil Rights Compliance
Attachment G -Reports
Attachment H -Warranties and Representations
Attachment I -A udit Requirements Exhibit 1 to Attachment I -Funding Sources
Attachment J -A udit Compliance Certification
A ttachment K -SERA Access A uthorization Form (fo rm prov ided after execution of this
agreement)
Attachment L -2 CFR Appendix II to Part 200
Attachment M -Subrogation Agreement
(21) FUNDING/CONSIDERATION
(a) The funding for thi s Agreement shall not exceed Two Hundred Sixteen Thousand Five Hundred
Fifty-Two Dollars and Zero Cents ($2 16,552.00) su bject to the availability of funds. The State of F lorida
and D E O's performance and obligation to pay under this Agreement is contingent upon annual
appropriations by the Legi slature and subject to any modification in accordance with Chapter 216, F.S. or
the Florida Constitution.
(b) DEO will provide fund s to Subrecipient b y iss uing 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 fund s made available through an NFA, Subrecipient agrees to comply with all terms,
conditions, assurances, restrictions or other instructions li sted in the NFA.
(c) By execution of this Agreement, Subrecipient certifies that necessary written administrative
procedures, processes and fi scal controls are in place for the operation of its CDBG-MIT program for
which Subrecipient receives funding from D E O. These written administrative procedures, processes and
fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance
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and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of
Attachment D, Program and Special Conditions.
(d) Subrecipient shall expend fund s only for allowable costs and eligib le activities, in accordance with
the Scope of Work.
(e) Subrecipient sh all request all funds in the manner presc ribed by DEO. The authorized signatory
for the Subrecipie nt se t forth on the SERA Access Authorization Form must approve the submission of
each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be
provided after the execution of this Agreement.
(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-MIT funds.
(g) If the necessary funds are not availab le to fund this Agreement as a result of action by the United
States Congress, the Federal Office of Management and Budget, the F lorida Legislature, the State Chief
F inancial Officer or under Subparagraph (2 3), Mandated Conditions of this Agreement, all obligations on
the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit
its administrative closeout report and subgrant agreement closeout package as directed by DEO within
thirty (30) calendar days from r eceipt of notice from DEO.
(h) Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by Subrecipient.
(i) A ll expenditures under this Agreement shall be made in acco rdance with this Agreement and any
applicable state or federal statutes, rules, or regulations .
G) F unding for this Agreement is appropriated under Public Law 115-254, Division I , the
"Supplemental Appropriations for Disaster R elief Act, 2018" and Public Law 116 -20, the "Additional
Supplemental .Appropriations for Disas ter Relief ,\.ct, 2019 " for the purpose of assisting in long-term
recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., (the "Stafford Act").
(k) CDBG-MIT funds, appropriated and identified b y Public Law, are governed b y one or more
Federal Register notices that contain requirements, applicable waivers, and alternative requirements that
apply to the use of these funds.
(22) REPAYMENTS
(a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors,
subcontractors, and consultants o nly expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.97 1, F.S., Subrecipient shall refund to D EO any unobliga t ed
funds which have been advanced or paid.
(c) Su brecipient sh all refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors, su b contractors or consultants are entitled under the terms and conditions
of this Agreement.
(d) Subrecipient shall refund to DEO any funds received for an activity if tl1e activity does not meet
one of the three National Objectives li sted in 24 CFR § 570.483(6), (c) and (d); provided, however, the
Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion,
determines Subrecipient i s at fault for the ineligibility of the activity in question.
(e) Subrecipien t shall refund to D E O any funds n ot spent in accordance with the conditions of this
Agreement or applicable law . Such reimbursement shall be sent to DEO, b y 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 chec k 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
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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
10 7 East Madison Street-MSC 400
Tallahassee, Florida 32399-6508
(23) 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 tlus 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 h erein by
reference.
(b) This Agreement shall be construed under the laws of the State of Florida and venue for any
actions arising out of tlus 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, tl1en 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 tlus Agreement shall
survive the term of tlus Agreement.
(e) This Agreement may be executed in any number of counterparts, any one of w luch may be taken
as an original.
(f) 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 discrinunation b y public and private entities on in employment, public
accommodations, transportation, state and local government services and telecommunications.
(g) Pursuant to Section 28 7 .1 33 (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 constmction 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-
five tl10usand dollars ($35,000) for a period of thirty-six (36) months following tl1e date of being placed
on the convicted vendor list. By executing tlus Agreement, tl1e 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 discrinunatory 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 tlus Agreement, the Subrecipient represents
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and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disclo se if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fee s or otl1er compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-au dit and post-audit thereof.
G) In the event travel is pre-approved by DEO, any bills for travel expenses shall be submitted and
reimbursed in accordance witl1 Section 112.061, F.S., the rules promulgated thereunder and 2 CFR §
200.474.
(k) If Subrecipient is allowed to temporarily invest any advances of fund s under tlus Agreement, any
interest income shall eitl1er be returned to DEO or be applied against DEO's obligation to pay the
Agreement award amount.
(1) Subrecipient acknowledges being subject to Florida's Government in tl1e Sunshine Law (Section
286.0 11 , F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. Subrecipient 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 availab le to the publi c in accordance with Ch apter 119, F.S.
(m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs
and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section
906 of P.L. 101 -625, ilie Cranston-Gonzalez National A ffordable Housing Act, 1990, by having, or
adopting witlun ninety (90) days of execution of tlus Agreement, and enforcing, the following:
1. A policy prohibiting the use of excessive force b y 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 tl1e subject of such non-violent civil rights demonstrations
witlun its jurisdiction.
(n) Upon expiration or termination of tlus Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT fund s remaining at tl1e time of expiration or termination, and any accounts receivable
attributable to the use of CD BG-MIT funds.
(24) LOBBYING PROHIBITION
(a) No fund s or oilier resources received from DEO under tlus Agreement may be used directly or
indirectly to influence legislation or any other official action b y the Florida Legislature or any state agency.
(b) The Subrecipient certifies, by its signature to tlus Agreement, tl1at:
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, tl1e making of any federal grant,
the making of any general loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement;
2. If any funds otl1er 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 tlus Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance witl1 its
instructions; and
3. Subrecipient shall require tl1at this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, lo ans, and
cooperative agreements) and that all subrecipients shall certify and disclose as described in this
Agreement. Tlus certification is a material representation of fact upon w hich reliance was placed
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w h en this transaction was made or entered into. Submiss ion of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10 ,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(25) COPYRIGHT, PATENT AND TRADEMARK
Any and all patent rights accruing under or in connection with the performance of this Agreement are
hereby re served to the State of Florida. Any and all copyrights accruing under or in connection with the
performance of this Agreement are hereby transferred by Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery
or invention to DEO for a determination w h etl1er the State of Florida will seek patent protection in its
name. Any patent rights accruing under or in connection with tl1e performance of this Agreement are
reserved to the State of F lorida. If any books, manuals, films or other copyrightable material are produced,
Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance
under this Agreement are transferred b y the Subrecipient to the State of Florida.
(c) Within thirty (3 0) calendar days of execution of this Agreement, Subrecipient shall disclose all
intellectual properties relating to the performance of this Agreement which give rise to a patent or
copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property
which i s so disclosed . Failure to disclose will indicate that no such property exists, and DEO shall have
the right to all patents and copyrights w hich accrue during performance of this Agreement.
(26) LEGAL AUTHORIZATION
(a) Subrecipient certifies that it has the legal authority to receive tl1e funds under this Agreement
and that its governing body has auiliorized ilie execution and acceptance of tlus Agreement. Subrecipient
certifies iliat ilie undersigned person has the authority to lega lly 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 Subrecipient to this Agreement as of ilie date of execution; any such documentation
i s incorporated h erein b y reference.
(b) Prior to the execution of this Agreement, Subrecipient warrants iliat, to ili e 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 Subrecipient's ability to satisfy its obligations.
Subrecipient shall in1mediately notify DEO in writing if its ability to perform i s compromised in any
manner during ilie term of this Agreement.
(27) PUBLIC RECORD RESPONSIBILITIES
(a) In addition to Subrecipient's responsibility to directly respond to each request it receives for
records, in conjunction wiili this Agreement and to provide the applicable public records in response to
such request, Subrecipient shall notify DEO of tl1e receipt and content of all such requests by sending an
email to PRRequest@deo.myflorida.com wiiliin one (1) business day from receipt of the request.
(b) Subrecipient shall keep and maintain public records required by D EO to perform the
Subrecipient's responsibilities hereunder. Subrecipient sh all , upon request from DEO's custodian of
public records, provide DEO with a copy of the requested records or allow ilie records to be insp ected
or copied within a reasonable time at a cost iliat does not exceed ilie cost provided b y Chapter 119 , F.S.,
or as otherwise provided b y la w. Subrecipient shall allow public access to all documents, papers, letters
or other materials made or received b y the Subrecipient in conjunction with this Agreement, unless the
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records are exempt from Article I, Section 24(a) of the F lorida Constitution and Section 119.07 (1), F.S.
For records made or received b y Subrecipient in conjunction with this Agreement, Subrecipient shall
respond to requests to inspect or copy such records in accordance with Chapter 119, F.S . For all such
requests for records that are public records, as public records are defined in Section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise
provided b y law .
(c) This Agreement may be terminated by DEO for refusal b y Subrecipient to comply with Florida's
public records laws or to allow public access to any public record made or received by the Subrecipient in
conjunction with this Agreement.
(d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section
119 .0701 (1 )(a), F.S. ("S ubrecipient-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 Subrecipient-contractor transfers all
public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall
destroy any duplicate public record s that are exempt or confidential and exempt from public records
disclosure requirements. If Subrecipient-contractor keep s 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) IfDEO does not possess a record requested through a public records request, DEO shall notify
Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to D E O or allow the record s to be inspected or copied within a reasonable time, but
in all cases within fourteen busines s days . If the Subrecipient-contractor does not comply with DEO's
request for records, DEO shall enforce the provisions set forth in this Agreement. 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.
(£) Subrecipient shall notify DEO verbally within twenty-four (2 4) hours and in writing within
seventy-two (72) hours if any data in the Subrecipient's posses sion related to this Agreement is subpoenaed
or improperly used, copied or removed (exce pt in the ordinary course of business) by anyone except an
authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO
deems advisable, to prevent misuse, regain possession or othe1wise protect the State's rights and the data
sub ject's privacy.
(g) Subrecipient acknowledges D E O is subj ect to the provisions of Chapter 119, F.S., relating to
public records and that reports, invoice s and other documents Subrecipient submits to DEO under this
Agreement constitute public records under F lorida Statutes. Subrecipient shall cooperate with DEO
regarding DEO's efforts to comply with the requirements of Chapter 119, F.S.
(h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure
as trade secrets or proprietary confidential business information, such records sh ould be identified as such
by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from
the requirements of Chapter 119, F.S., prior to submittal of the record to DEO se1ves as the Subrecipient's
waiver of a claim of exemption. Subrecipient sh all ensure public records that are exempt or confidential
and exempt from public records disclo sure requirements are not disclosed except as authorized by law for
the duration of this Agreement term and following comp letion of this Agreement if the Subrecipient-
contractor does not transfer the records to DEO upon completion, including termination, of this
Agreement.
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(i) I F SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING T HE APPLICATION O F 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 e mail at PRRequest@deo.myflorida.com, or by mail at
Department of Economic Opportuni ty , Public Records Coordinator, 107
E ast Madi s on Str e et, Caldw ell Building , T all ahassee , Florid a 32399-4128.
G) To the extent allowable b y law, Subrecipient shall be full y liable for the actions of its agents,
employees, partners, contractors and subcontractors and shall full y 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 p u blic record requests or
public record law violation(s), allege d to be caused in whole or in part b y the Subrecipient, its agents,
employees, partners, contractors or subcontractors, provided, however, Subrecipient does not indemnify
for that portion of any costs or damages proximately caused b y the negligent act or omission of the State
or DEO. DEO, in its sole di sc retion, ha s the right, but not the obligation, to enforce this indemnification
provision.
(k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 11 9, F.S.,
Subrecipient shall not publicly disseminate any information concerning th.is Agreement without prior
written approval from DEO, including, but not limited to, mentioning this Agreement in a press release
or oth er 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.
0) Subrecipient shall comply with the requirements se t forth in Section 119 .0701, F.S., when entering
into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall
amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective
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.
(28 ) E MPLOYMEN T ELI GIB ILI TY VE RIFICATI ON
(a) Section 448.095, F.S., requires the fo ll owing:
1. Every public employer, contractor, and subcontractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees. A public employer,
contractor, or subcontractor may not enter into a contract unless each party to the contract registers
with and uses the E-Verify system.
2. A private employer shall, after making an offer of employment which has been accepted
by a person , verify suc h person's employment eligibility. A private employer is not required to verify
the employment eligibility of a continuing employee hired before January 1, 2021. However, if a
person i s a contract employee retained b y a private emp loyer, the private employer must verify the
employee's employment eligibility upon the renewal or extension of his or her contract.
(b) E-Verify is an Internet-base d sys tem that allows an employer, u sing information reported on
an employee's Form I -9, E mployment Eligibility Verification, to determine the eligibility of all new
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employees hired to work in the United States. T h ere is no charge to employers to u se E-Verify. T h e
Department of Homeland Securi ty's E-Verify system can be found at:
https://www.e-verify.gov/
( c) If the Recipient does not u se E-Verify, the Recipient shall enroll in the E-Verify system prior
to hiring any n ew employee or retaining any contract employee after the effective date of this Agr eement.
(29) PROGRAM INCOME
(a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR § 570.500(a) or
in the Federal R egister Guidance governing the CDBG-MIT funds) generated by activities carried o ut
with CDBG-MIT fund s made available under this Agreement as part of the Subrecipient's Quarterly
Progress Report. The Subrecipient shall u se program income in accordance with the applicable
requirements of 2 CFR part 200, 24 CFR part 570.489, 570.500 , 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 unles s the program income i s used to fund additional units of
CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to
administrative clo seout.
(30) NATIONAL OBJECTIVES
A ll activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's
National Objectives. The Subrecip ient certifies that the activities carried out under this Agreement shall meet
the following national objectives and satisfy the following criteria:
(a) Benefit low and moderate income;
(b ) Meet a particularly urgent need;
(c) Aid in the prevention or elimination of slums or blight.
(31) INDEPENDENT CONTRACTOR
(a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is
mutually understood and agreed Subrecipient is at all times acting and p erforming as an independ ent
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. Subrecipient sh all at
all times remain an independent contractor with respect to the services to b e performed under this
Agreement. Nothing in thi s Agreement sh all be constru ed to create any agency or employment
relationship between DEO Subrecipient, its employees , subcontractors or agents. Neither Party sh all have
any right, power or authority to ass ume, create or incur any expense, liability or obligation, ex press or
implied, on b ehalf of the other.
(b) Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent,
joint venturer, or partner of the State of F lorid a .
(c) Subrecipient shall have sole right to control the manner, method and means b y which the services
required by this Agreement are performed. D E O shall not be res ponsible to hire, supervise or pay
Subrecipient's employees. Neither 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) 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 consid ered or permitted to be an agent,
employee, servant, joint venturer or partner of the State of Florida.
(e) Unless justified b y 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 witl1holding taxes with respect to the Subrecipient's use of
funds under tlus Agreement. Subrecipient shall have no clain1 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. 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 F lorida.
(g) Subrecipient, at all tin1es during the Agreement, must comply with tl1e reporting and
Reemployment Assistance contribution payment requirements of C h apter 443, F.S .
(h) DEO shall not be responsible the provision of any training to Subrecipient, its employees, assign s,
agents, representatives or subcontractors in the professional skills necessary to perform the work services
required by tlus Agreement; DEO may provide training in the form of an Implementation Workshop in
keeping with implementation.
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State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
DEO Agreement No.:10162
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments and exhibits h ereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
By
Title
Date
Federal
Signature
William L. McDaniel, Jr.
Chairman
Tax ID# 59-17412 77
By
Title
Date
DEPARTMENT OF ECONOMIC
OPPORTUNITY
Signature
Meredith Ivey
Chief of Staff
--------------DUNS# 085019511 --------------
D. Perry
Assistant County Attorney
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:-------------
Approved Date: __________ _
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7/7/2022
8/4/2022
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Attachment A -Proj ect D escripti on an d D e liverables
1. PROGRAM D ES CRIPT ION: In April 2018, the U.S. Department of Housing and Urban Development
(HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive
$633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 20 17
through HUD's Community Development Block Grant Mitigation (CDBG-MI1) program. Awards were
distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas,
primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional
information may be found in the Federal Register, Vol. 84, No. 169.
T h e Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the
fo ll owing initiatives: Critical Facility Hardening Program $75,000,000; General P lanning Support Program
$20,000,000; General Infrastructure Program $475,000,000; and State P lanning and Administration
$63,485,000.
This award has been granted under the Critical F acili ty H ard e ning Program . Projects eligib le for funding
under this program must harden critical buildings that serve a public safety purpose for local communities.
Critical buildings include:
• Potable water facilities
• Wastewater facilities
• Police departments
• Fire departments
• Hospitals
• Emergency operation centers
• Emergency shelters
2. PROJ E CT DESCRIPT ION: The Collier County Board of County Commissioners, Florida has been
awarded Two Hundred Si..'{teen Thousand Five Hundred Fifty-Two Dollars and Zero Cents ($216,552.00) in
CDBG-MIT (Community Development Block Grant-Mitigation) funding for mitigation efforts to harden the
Healthcare Network Marion E. Fether Medical Center against wind, heat, and water damage through the
installation of 65 nonimpact doors and windows that are compliant with Florida Building Codes. T h e Marion
E. Fether Medical Center is part of the Collier County's Healthcare Network, which serves as the largest primary
care provider in Collier County and provides healthcare services to communities of greatest need. Specifically,
58% of their patients fa ll under the Federal Poverty Level (FPL), 71 % are under 200% of FPL, and 39% of
adult patients are uninsured . Additionally, Collier County is designated as a Medically Underserved Area (MUA),
meaning its population does not have quantitative access to primary care providers. Subsequently, the
Healtl1care Network serves as a vital instrument to tl1e health of Collier County citize n s before, during, and
immediately after a natural disaster. Replacing 65 doors and windows with nonimpact glazing material will
solidify the facility's ability to witl1stand ,.vind, heat, or water damage after a s torm and immediately respond to
the needs of their population, 61.84% of which are designated as low to moderate income resid ents. T h e
project is estimated to begin upon execution of the agreement and is expected to be completed within 48
month s at a cost 0£$216,552.00. There are no leveraged or matching funds included in this project. The
team overseeing this project consists of the Facilities Department of Health care Network u nder the direction
of the Project Manager, who is working in coordination with Collier County, and se lected contractor(s).
3. SU BRE CIPIE NT RE SPONSIBILITIE S:
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A. Complete and submit to D EO within thirty (30) days of Agreement execution a s taffing plan which
must be reviewed and approved b y the DEO Grant Manager prior to implementation. Should any
changes to the staffing plan be deeme d necessary, an updated plan must be submitted to DEO for
review and approval. The Staffing plan must include the following:
1. Org anizational Chart; and
2. J ob descriptions for Subrecipient's employees, contracted s taff, vendors, and contractors.
B . Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for
review and approval within thirty (30) days of Agreement execution. The D EO Grant Manager will
provide approval in writing prior to the policies and procedures being implemented.
1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-326.
2. Administrative financial management policies, which must comply with all applicable HUD
CD BG-MIT and State of Florida rules.
3. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDBG-MIT and D EO policies.
4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the
Subrecipient will verify the accuracy of ap plicant information, monitoring policy indicating h ow
and why monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud
Hotline (phone: 1-8 00-347-3735 or email hotline@hudoig.gov).
5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal A ward.
C. Attend fraud related training offered b y HUD OIG to assist in the proper management of the CDBG-
MIT grant funds when available.
D. Upload required documents into a system of rec ord provided b y DEO.
E. Complete and submit an updated Proj ect Detail Budget (Attachment B) for review and approval by
DEO no later than sixty (60) days after Agreement execution. A ny changes to the Project Detail
Budget must be submitted in the monthly report submitted to DEO for review and approval by the
DEO Grant Manager.
F. Maintain organized Subrecipient agreement fil es and make them accessible to DEO or its
representatives upon request.
G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program
Guidelines , Action Plans , Action Plan amendments, and Federal, State, and local laws .
H. Provide copies of all propose d procurement documents to D E O ten (10) days prior to posting as
detailed in Section (18) of Subrecipient Agreement. The proposed procurement documents will be
reviewed and approved by DEO Grant Manager. Should the procurement documents require
revisions based on state or federal requirements, Subrecipient will be required to postpone
procurement and submit revi se d documents for review and approval.
I. Complete p rocurement of all applicants for internal grants management and compliance and direct
program and product production, including:
1. Se lection of applicants, subrecipients and/ or staff that will be responsible for managing applicant
intake and related operations, compliance, finance, and administration.
2. Selection of applicants, subrecipients and/ or staff that will b e re sponsible for appraisal,
environmental review, title services and legal services.
3. Copies of all contracts that will be executed by Subrecipient. Contracts mus t be provided to DEO
prior to execution as detailed in Attachme nt D. Any contract executed b y Subrecipient must
follow tl1 e terms and conditions set forth in this Agreement. Should the submitted contract require
necessary additions and / or changes, DEO's Contract M anager will contact Subrecipient regarding
changes. Subrecipient is required to submit the updated contract witl1in thirty (3 0) days. Sh o uld
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the contract not be submitted in a timely manner, Subrecipient will be required to complete the
selection process once more.
J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds
allocated for Mitigation, provid ed by DEO, receive the required Environmental Clearance from DEO
prior to Subrecipient being ab le to commit CD BG-MIT funds.
K . Provide the fo ll owing documentation to DEO within ten (10) calendars after the end of each month:
1. A revi se d detail report measuring the actual cost versus the project cost.
2. An updated Attachment C which documents any changes to the project progress along with
justification for the revision.
L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with
the mile stones outlined in the Mitigation Program Guidelines and report actual progress against the
projected progress ten (10) calendar days after the end of each month.
M. Provide the following information on a quarterly b as is within ten (10) ca lendar d ays of the end of each
quarter:
1. Submit updated organization chart on a quarterly basis with quarterly report.
2 . If staffing changes, there must b e a su bmittal stating the names, job descriptions, on the monthly
report deadline.
3. A progress report documenting the fo llowing information:
a. Accomplishments within the past quarter;
b. I ss u es or risks that have b een faced with resolutions; and
c. Projected activities to be completed within the fo ll owing quarter.
N. Subrecipient shall ad h ere to the deadlines for the project as agreed upon in the Attachment C -Activity
Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due
date, Subrecipient shall request an extension of such deadline from DEO in writing at least thirty (30)
business days prior to the deadline. Deadlines shall not be extended outside of the term of this
Agreement except b y a formal amendment executed in accordance with Section (5) Modification of
Agreement.
0. Close out report will be no later than sixty (60) calendar days after this Agreement ends or is oth erwise
terminated.
4. ELIGIBLE TASKS AND DELIVERABLES
A. Deliverable 1-Project Implementation
Subrecipient shall:
1. Professional service s to the County for technical assistance and program management (Davis -Bacon
review, Section 3 activities).
2. E nvironmental review activities .
3. Grant management to include invoicing, record keeping, prepare and award bids to vendors.
4. Project Closeout, E n gineer 's Certification of Completion, Grant Closeout Package completed and
su b mitted to DEO.
B. Deliverable 2 -Construction.
Subrecipient shall:
1. Obtain appropriate permitting.
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2 . Purchase, install, remove and properly dispose of 7 doors and 59 exterior windows and replace with
new insulated /impact gla zing system doors and windows of like dimensions and in compliance with
Florida Building Codes sta ndard s and local, state, and federal building codes .
3. Repair affected areas resulting from B.2. above by apply molding, patching interior drywall and sills,
and repair exterior stucco walls and touch up paint.
5. DEO RESPONSIBILITIES:
A. Monitor the ongoing activitie s ofSubrecipient to ensure all activitie s are being performed in accordance
with the Agreement to the extent required by law or deemed necessary be DEO in its discretion
B. Assign a Grant Manager as a point of contact for Subrecipient
C. Review Subrecipient's invoice s de scribed herein and process them on a timely basis
D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at
DEO's sole and absolute di scre tion, and process payments to Subrecipient
6. DELIVERABLES:
Subrecipient agrees to provide the following services as specified:
Deliverable No. 1-Project Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient shall provide Project Subrecipient may request Failure to complete the
Implementation activities as identified in reimbursement upon completion Minimum Level of Service as
Section 4.A.1.-2., which shall be reimbursed of a minimum of one task as specified shall result in non-
upon satisfactory completion of an eligible identified in Section 4.A.1.-2. as payment for this deliverable.
task as detailed, as identified in this Scope evidenced by submittal of the
of Work. following documentation:
1) Summary of Environmental
R eview activities performed (if
applicable); and
2) Invoice package in accordance
with section 7 . of this Scope of
Work.
Subrecipeint shall provide Project Subrecipient may request Failure to complete the
Implentation activities as identified in reimbursement upo n completion Minimum Lev el of Service as
Section 4.A.3.-4., which shall be reimbursed of a minimum of one task on a specified shall result in non-
upon satisfactory completion of an eligible per completed task basis as payment for this deliverable for
tasks as detailed in Deliverable 2. identified in Section 4.A.3.-4. each payment.
Associated with completed ta sk a s
identified in Deliverables 2.
through 3. As evidenced b y
submittal of the following
documentation:
1) Invoice package in accordance
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with Section 7. of this Scope of
I Work.
Deliverable No. 1 Cost: $10,312.00
Deliverable No. 2 -Construction
Task Minimum Level of Service Financial Consequences
Su b recipient shall provide Project Subrecipient may req uest Failure to comp lete the
Implementation activities as identified in reimbursement upon completion Minimum Level o f Service as
Section 4.B., w hic h shall be reimbursed of the ta sks detailed in 4.B of this specified shall result in non-
up on satisfactory completion of an eligi ble Scope of Work as evidenced b y payment for this deliverable.
task as detailed, as identified in this Scope sub mittal of the fo ll owing
of Work. documentation:
1) AIA form G702 or similar
accepted D EO form completed b y
th e con tractor.
2) Photographs of completed
installation.
3) Invoice package in accordance
with Section 7. ofthis Scope of
Work.
Deliverable No. 2 Cost: $206,240.00
Total Project Costs Not to Exceed: $216,552.00
COST SHIFTING: The deliverable amounts specified within the E ligib le Tasks and Deliverables in table s
above are establis h ed based o n the Parties estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreem e n t Period; h owever, this is n ot
intended to restrict DEO's ability to approve and reimburse allowable cos t s Subrecipient incurred p roviding
the d eliverables herein. Prior written approval from DEO's Grant 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 wri tten amendment request from
Subrecipient, as d escri bed in Modification section of the Agreemen t. Regardle ss, in no event shall D EO
reim burse costs of more than th e total amount of this Agreement.
7. INVOICE SUBMITTAL:
DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding
Requirements of s. 215 . 971 (1 ), F.S. and Section 21 of this Agreement, Subrecipien t and its subcontractors m ay
o nly expend fundin g under this Agreement for allowable costs resulting from obliga ti ons incurred during this
Agreement. To be eligib le for reimbursement, costs must be in compli ance with laws, rnles and regulations
applicable to expenditures of State fund s, including, but not limited to, the Reference Guid e for State
Expenditures
Q1tt;ps://,V\,vw.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdt).
A. Subrecipient shall provide one invoice per month for service s rendered during the appli cable p eriod
of time as defined in th e deliverable tab le. In any month no d eliverable ha s been completed, the
subrecipient will prov ide notice that no invoicing will be submitted.
B. The fo ll owing documents shall be submitted with the itemized invoice:
1. A cover letter signed b y Subrecipient's Agreem e nt Manager certifying that th e co sts being claimed
in the invoice p ackage: (1) are s p ecificall y for the project represented to the State in the budget
appropriation; (2) are for one or more of the components as stated in Section 5,
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DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this
Agreement.
2. Subrecipient's invoice s shall include the date, period in w hich work was performed, amount of
reimburse ment, and work completed to date;
3. A certification by a licen sed professional using AIA forms G702 and G 703, or their substantive
equivalents, certifying that the project, or a quantifiable portion of the project, is complete.
4. Photographs of the project in progress and completed work;
5. A copy of all sup porting documentation for vendor payments;
6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds
transfer. The State may require any other information from Subrecipient that the State d eems
necessary to verify that the services h ave been rendered under this Agreement.
C. Subrecipient's invoice and all documentation necessary to support payment requests must be
submitted into DEO 's Subrecipient Management Reporting Appli cation (SE RA). 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: D78248A2-2AF8-4D9D-B3B2-1 EFC8DEC6C58 ® Subrecipient: Activit y Activity /Project Description 1. Housing Program -Homeowner Service Project (Example Activities) Home Repair Reconstruction Replacement of Manufactured Homes Temporary Rental and Mortgage Assistance Buyout / Acquisition for Redevelopment 2. Housing Program -Supportive Housing Initiative PUD Rental Housing Project (Example Activities) 3. Public Facilities Program -Unified Service Center (Example Activities) 4. Infrastructure Program (Example Activities) Armstrong Drainage Project Hastings Phase I Sewer Hastings Phase II Sewer Attachment B -Project Budget (Example) National Objective LMI Slum & Blight Urgent Need Contract Number: VLI LI Beneficiaries MI Page 26 of 58 Non-LMI Total Modification Number: CDBG-MIT Amount DEO Agreement No.:10162 Budget Other Funds Source* Total Funds DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58Page 1943 of 5243
DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1 EFC8DEC6C58 CID 5. 6. Oyster Creek Basin Improvements Orange Street Drainage Avenue D Drainage St. Augustine -Lake Maria Sanchez HMGP Match Drainage St. Augustine Blvd & Cypress Rd Drainage Administration Planning DEO Agreement No.:10162 Totals: *Show the sources and amounts of Other Funds needed to complete the project below, including local funds, grants from other agencies and program income. Source of Other Funds Amount 1. 2. 3. 4. Page 27 of 58 DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58Page 1944 of 5243
DocuSign Envelope ID: D78248A2-2AF8-409D-B3B2-1 EFC8DEC6C58 ® Subrecipient Contract Number: Start End Date Date (month (month /year) /year) Describe Proposed Action Activity DEO Agreement No.:10162 Attachment C -Activity Work Plan (Example) Activity: Project Budget: Date Prepared: Modification Number: Description Deliverable Associated CDBG-Local/Mate Estimated Task MIT Funds by Funding h Funding End Date Page 28 of 58 DocuSign Envelope ID: D78248A2-2AF8-4D9D-B3B2-1EFC8DEC6C58Page 1945 of 5243
DocuS ign En velope ID : 0 782 48A2-2AF8-4090-B3B2-1 EFC8DEC6C58
A ttachm e nt D -Program and Sp ecial Co nditio n s
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 th e d elay and a plan for timely accompli shment shall be submitted to DEO within 21 calendar days
of receiving D E O 's request for justifica tion for the delay. Any project for which the Subrecipient h as not completed
the activities listed in the Activity Work P lan may be rescinded unless DEO agrees that the Subrecipien t has provided
adequate justification for the delay.
2. The Subrecipient shall maintain records of expenditure of fund s from all source s that will allow accurate and ready
comparison b etwee n the expenditures and the budget/ activity line item s as defined in the Project Detail Budge t and
Activity Work Plan .
3. The Subrecipient shall reques t D EO 's approval for all profess ional se1vices contracts and/or agreements that will b e
reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO
for review:
a. When publi cation of a Reque st for Proposal (RFP) is u sed 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 cann ot be approved
becau se 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 profess ional
services or if it will be using non-CD BG-MIT fund s to pay for profess ional service s.
4. Prior to th e obligation or disbursement of an y funds, except for administrative expenses and not to exceed $5000,
th e Subrecipient shall complete the fo ll owing:
a. Submit for D EO'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 D E O does not approve the procurement of a professional services contract, the
local government will not be able to u se CDBG-MIT fund s for that contract beyond $5,000.
b . Comply with 24 CFR part 58 and the regulations implementing the National E nvironmental Policy Act, 40 CFR
§§ 1500-1508 . When the Subrecipient ha s completed the environmental review process, it shall submit a Request
for Release of Funds and Certification . D EO will iss ue an Authority to Use Gran t Funds (form HUD-7015.16)
when this condition ha s been fulfilled to the sa tisfaction of DEO. If D EO has not issued an Authority to use
Grant Funds within 15 days ofSubrecipient's submiss ion of the required documentation, DEO shall provide the
Subrecipient a written update regarding the status of the review process. SU BRECIPIE NT SHALL NOT
B E GIN CONSTRU CT IO N B E FORE DEO HAS ISS UED T H E "AUTHORITY TO USE GRANT
FUNDS."
5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 19 70, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing regulations at 24 CFR part
42, 49 CFR part 24 and 24 CFR § 570.606(6), the requirements of 24 CFR § 42.325 -42.350 governing the Residential
Anti-displacemen t and Re location Ass istance Plan under sec tion 104(d) of the Housing and Community
Development Act of 19 74 (42 U.S.C. § 5304(d)), and the r equirements in 24 CFR § 570 .606(d), governing optional
relocation assistance policies.
6. If the Sub recipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the
acquisition b y submitting all documentation required for a de sk monitoring of the acquisition, including a notice to
property owners of his or her rights under the U RA, an invitation to accompany the appraiser, all appraisals, offer to
th e owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donation s),
as appli cab le. The documentation shall be submitted prior to completing the acquisition (clo sing) so th at D E O can
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determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced
persons as defined b y 24 CFR § 570.606(6)(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 la ws, specifically including but not limited to:
a. Certification Rega rding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions);
b. Section 3 Participation Report (Co nstruction Prime Contractor);
c. Certification Regarding Debarment, Suspension, Ineligibili ty and Voluntary Exclusion (S ubcontractor), (if
applicab le); and
d. Section 3 Participation Report (Co nstruction Subcontractor), (if appli cab le).
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 b y the contractor and inspection engineer, and a copy of form G703,
Continuatio n Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the
Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, signed
by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable
form approved by DEO, if applicable.
10 . For each project, when the Subrecipient issue s 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 CFR § 570.487(6).
12 . The Subrecipient shall ensure that a deed restriction i s recorded on any real property or facility, excluding easements,
acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated
in the sub grant application and that title shall remain in tl1e name of tl1e 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
di s position of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real
property shall be in accordance with 24 CFR § 570.4890)-
13. The Subrecipient shall comply witl1 the historic preserva tion requirements of the National Historic Preservation Act
of 1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior's Standard s for
Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to section 102(6), Public Law 101 -235 , 42 U.S.C. § 3545, the Subrecipient shall update and submit Form
HUD 2880 to DEO within thirty (3 0) calendar days of tl1e Su brecipient's knowledge of ch anges in situations w hich
would require that updates b e prepared. The Subrecipient must di sclose:
a. A ll developers, contractors, consultants and engineers involved in the appli cation or in the planning, development
or implementation of tl1e project or CDBG-MIT-funded activity; and
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b. A ny perso n or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of
the grant, whichever i s le ss .
15. If require d, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for
administrative clo seout, and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR §
570.489(h) shall apply in all conflicts of interest not governed b y 24 CFR § 570.489(g), such as those relating to the
acquisition or disposition of real property; CD BG-MIT financial ass istance 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 b y the Subrecipient using CD BG-MIT funds for acquisition of any property, right-of-way, or easement
that exceeds fair market v alue as determined through the appraisal process established in HUD Handbook 13 78 shall
be approved in writing by DEO prior to di stribution of the fund s . Should the Recipient fail to obtain DEO pre-
approval, any portion of tl1e cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with
CDBG-MIT fund s .
18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the
construction progresses, additional photogra phy or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of tl1e activity locations will be provided to DEO with the
administrative clo seout package for this Agreement.
19. If an activity is designed b y an engineer, architect or otl1er licensed professional, it shall be certified upon completion
by a licensed professional as meeting the specifications of the de sign, as may have been amended b y change orders.
The date of completion of construction shall be noted as part of the certification. This certification shall be
accomplished prior to submiss ion 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-MIT funds available to th e Subrecipient through this agreement constitute a subaward of D EO's Federal
award under the Uniform A dministrative Requir ements, Cost Principles, and Audit Requirements for Federal Award s, 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 regulatio n s at 24 CFR part 570, as modified
b y the Federal Register notices that govern the use of CD BG-MIT funds available under this agreement. These Federal
Register notices includ e, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, A ugu st 30,
2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9,
2018/Notices, Volume 82, No. 11 /Wedne sd ay, January 18, 2017 /Notices, Volume 82, No. 150/Monday, August 7,
2017 /Notices, and Vol. 83, No. 15 7 /Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the
Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action,
described in 24 CFR part 58 and (2) the Subrecipient does not assume any of D EO's r esponsibilities for initiating the
review process under the provisions of 24 CFR Part 52 . The Su brecipient shall also comply with all other applicable
Federal, state and local laws, regulations and policies as n ow in effect and as may be amended from time to time that
govern the use of the CD BG-MIT funds in complying with its obligations under this agreement, regardless of whether
CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis.
The Subrecipient also agrees to use funds available under this Agreem ent to supplement rather than supplant funds
otherwise available. The Su brecipient further agrees to comply with all other applicable Federal, State, and local laws,
regulations and policies governing the fund s provided under this Agreement, including, but not limited to the following:
1. State of Florida Requirement
State of Florida Requirements are stated throughout this Agreem ent and Attachments thereto.
2. Audits, Inspections and Monitoring
a. Single A udit
The Subrecipient must b e 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.
b . Inspection s an d Monitoring
The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's record s and financial
statements as necessary for D EO to meet the requirements of 2 CFR part 20 0.
The Subrecipient must submit to monitoring of its activities b y DEO as neces sary 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 b y 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 D EO detected through audits, on-site
review s, and other means; and
(3) Issuing a management decision for audit findings pertaining to this Federal award provided to the
Subrecipient from D EO as required b y 2 CFR §200.521.
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c. Corrective Actions
The Subrecipient shall be subject to reviews and audits by DEO, including onsite reviews of the Subrecipient as
may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management
decisions and may consider taking enforcement actions if noncompliance is d etected during audits . DEO may
require the Su brecipient to take timely and appropriate action on all deficiencie s pertaining to the Federal award
provided to the subrecipient from the pas s-through entity detected through audits, on-site. D E O may impose
additional conditions on the u se of the CD BG-MIT funds to en sure future compliance or provide training and
technical assistance as need ed to correct noncompliance.
3. 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).
4. Procurement and Contractor Oversight
The Subrecipient shall comply with the procurement standard s in 2 CFR §200.318 -§200.327 w h en procuring
property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this
agreement on its contractors, specifically or b y reference, so that such obligations will be binding upon each of its
contractors.
The Subrecipient must comply with CDBG regulations regar ding debarred or suspended entities, specifically
including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or
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 thi s agreement. To check for debarred or su spended entities, please visit
https://www.sam.gov/SAM/
5. Property Standards
Real property acquired b y tl1e Subrecipient under this agreement shall be subject to 24 CFR 570.489G) and 24 CFR
570.2000)-The Subrecipient shall also comply witl1 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-MIT program or shall be retained after
compensa ting DEO.
The Subrecipient shall al so comply witl1 the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to
the extent they are inconsistent with 24 CFR 570.200G) and 24 CFR 570.489G), in which case Subrecipient shall
comply with 24 CFR 570.200G) and 24 CFR 570.489G), except to tl1e 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).
6. Federal Funding Accountability and Transparency Act (FFATA)
The Subrecipient sh all comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management (SAM). The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in
accordance with 2 CFR part 25, appendix A, and must have a Data U niver sal Numbering System (DUNS) number
https://fedgov.dnb.com/webform/ The Subrecipient must also comply with prov isions of the Federal Funding
Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170
Reporting Subaward and Executive Compensation Information.
7 . Relocation and Real Property Acquisition
The Subrecipient shall comply with tl1e U niform 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 oth er provision of law, no person otherwise eligible for any kind of replacement housing payment under the
URA shall be denied such eli gib ili ty as a re sult of his being unable, because of a major disaster as determined by the
President, to meet the occupancy requirements set by such Act".
8. Non-discrimination
a. 24 CFR Part 6
The Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of
the Housing and Community Development Act of 19 74 (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 b enefits of or be subj ected 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 tl1e basis of age under the Age Discrimination Act of 19 75 (42 U.S.C. 6101-6107) (Age
Discrimination Act) and th e prohibitions against discrimination on tl1 e basis of disability under section 504 of
the Rehabilitation Act of 19 73 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements
appli cable to programs or activities funded in whole or in part witl1 CD BG-MIT 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.
b . Architectural Barriers Act and the Americans with Disabilities Act
The Subrecipient shall ensure tlrnt its activities are consistent with requirements of Architectural Barriers Act and
the American s with Disa bilitie s Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain
Federal and Federally funded buildings and other facilities to b e d es ign ed, constructed, or altered in accordance
with standard s that ensure accessibility to, and u se by, phys ically handicapped people. A building or facility
designed, constructed or altered with funds allocated or reallocated under tlus part after December 11, 199 5 and
meets the definition of "resid ential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined
in 41 CFR 101 -19.602(a) is subjectto tl1e requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-
415 7) and shall comply wi th the Uniform Federal Accessibili ty 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 Disa bilities Act (42 U.S.C. 121 3 1; 4 7 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. I t furtl1er provides that disc rimination includes a
failure to de sign and construct facilities for first occupancy no later tl1an 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 b arrier s that are structural in nature in existing facilities, where such removal is
readily acluevable-that is, easily accompli shable and able to be carried out without much difficulty or expense.
c. State and Local Nondiscrimination Prov isions
The Subrecipient must comply with the Florida Small and Minority Business Ass istance Act(§§ 288.703 -288.706,
F.S.); T itle VI of the Civil Rights Act of 1964 (24 CFR part 1)
(1) General Compliance
The Subrecipient shall comply witl1 tl1e requirements of Title VI of the Civil Ri ghts Act of 1964 (P .L. 88 -
352), as amended. No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, b e denied the benefits of, or be otherwise subjected to discrimination under
any program or activity funded b y tlus agreement. The specific nondiscrimination provisions at 24 CFR 1.4
apply to the use of these funds. T h e Subrecipient sh all not intimidate, threaten, coerce or discriminate against
any person for the purpose of interfering with any right or privilege secured b y title VI of the Civil Rights
Act of 196 4 or 24 CFR part 1, or because h e h as made a complaint, testified, assisted or participated in any
manner in an investigation, proceeding or h earing under 24 CFR part 1. The identity of complainants shall
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be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the
conduct of any inves tigation, hearing or judicial proceeding arising thereunder.
(2) Assurances and Real Property Covenants
As a condition to the approval of this Agreement and the exten sion of any Federal financial assistance, the
Subrecipient ass ures 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 b y 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 thi s Agreement or acquired with CDBG-MIT funds and provided to the
Subrecipient under this Agreement, the instrument effecting any disposition by the Subrecipient of such real
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 u sed for a purpose for which
the Federal financial a ss istance 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 receiv ing such assistance, the nondiscrimination requirements of this part 1
shall extend to any facility located wholly or in part in such space.
d . Affirmative Action
(1) Approved Plan
The Subrecipient agrees that it shall cany 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 relea se of fund s under this agreement.
(2) Women-and Minority-Owned Businesses (W /MBE)
T h e Subrecipient shall take the affirmative steps li sted in 2 CFR 200.321(b)(1) through (5) to assure that
minority businesses , women's business enterprises, and labor surplu s area firms are used when possible when
the Subrecipient procures property or services under this agreement.
(3) Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
( 4) Equal Employment Opportunity and A ffirmative 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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9. Labor and Employment
Labor Standards
The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community
Development Act of 197 4, 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 b y 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 \.vith applicable hour and wage requirements. Such documentation shall
be made available to DEO for review upon request.
10. Section 3 of the Housing and Urban Development Act of 1968
a. Low-Income Person Definition
A low-income person, as this term is defined in Section 3 (b )(2) of the 193 7 Act (42 U.S.C. 1437a(b)(2)). Section
3(b)(2) of the 193 7 Act defines thi s term to mean familie s (including single persons) whose incomes do not
exceed 80 per centum of the median income for the area, as determined b y 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 193 7 Act ( 42 U.S.C. 143 7 a(b)(2)). Section 3(b)(2)
of the 1937 Act (42 U.S.C. 143 7a(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 Secretai.y 's findings that such variations
are necessary because of unusually high or low family incomes.
b . Compliance
Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as
amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75(formerly 24 CFR
part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing
Federal, state and local laws and regulations. Accordingly, a subrecipeint of Section 3-covered assistance is
required to develop strategie s for meeting both the regulatory requirements at 24 CRF part 7 5 and any other
applicable statutues or regulations. The Subrecipient and any of its contractors and subcontractors shall include
the following "Section 3 clause" in ev e1y "Section 3 covered contract".
(1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development A ct of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered b y Section 3, shall, to the greatest extent feasible, be directed to low-and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement
Section 3. As evidenced b y their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 75
regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers ' representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both employees and applicants
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 .
(4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 7 5. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor ha s been found in violation of the regulations in
24 CFR part 75.
(5) The contractor will certify that any vacant employment positions, including training positions, that are filled
(1) after the contractor is selected but before the contract is executed, and (2) with persons other than those
to whom th e regulations of 24 CFR part 7 5 require employment opportunities to be directed, were not filled
to circumvent the contractor's obligations under 24 CFR p ar t 75.F. Noncompliance with HUD's regulations
in 24 CFR part 75 may result in sa nctions, termination of this contract for default, and debarment or
suspension from future H UD ass isted contracts.
(6) Noncompliance with H U D's regulations in 24 CFR part 75 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section
7(6) of the Indian Self-Determination and E ducation Assistance Act (25 U.S.C. 450e) also applie s to the
work to b e performed under this contract. Section 7(6) 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 su bcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of Sec tion 3 and Section 7 (b) agree to
comply with Section 3 to the maximum extent feasible, but not in deroga tion of compliance with Section
7 (6 ).
c. Section 3 Benchmarks and Reporting
(1) Benchmarks. Contracts over $200,000 trigger Section 3 Benchmark requirements . When triggered, best
efforts must b e made to extend Section 3 opportunties to verified Section 3 residents and business
concerns to meet these minimum numeric goals:
1. Twenty-five percent (25 %) of the total hours on a Section 3 project must be worked by Section 3
workers; and
2. Five precent (5 %) of the total hours on a Section 3 project must b e worked b y Targeted Section 3
workers.
(2) Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3
benchmarks de scribed in 24 CFR § 75.23, pursuant to 24 CFR § 75.25(6), the subrecipient must report in
a form prescribed by HUD on the qualitative nature of its activities and those its contractors and
subcontractors pursued.
(3) Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or
D E O which may be amended from time to time for HUD reporting purposes .
11 . Conduct
a . Hatch Act
The Subrecipient shall comply with the Hatch Act, 5 USC 1501 -1508, and sh all 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 activitie s in violation of Chapter 15 of Title V of the U.S.C.
b. Conflict of Interest
In the procurement of supplies , equipment, construction, and services pursuant to this agreement, the
Su b recipient sha ll comply with the conflict of interes t provisions in DEO 's procurement policies and procedures .
In all cases not governe d 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).
c. Lobbying Certification
The Subrecipient hereby certifies that:
(1) No Federal appropriated funds h ave bee n paid or will be paid, b y 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
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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 fund s 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;
(3) The language of paragraph (i) through (iv) of this certification b e included in the award documents for all
subawards at all tier s (in cluding subcontracts, subgrants and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclo se accordingly; and
(4) This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more tl1an $1 00,000 for each such failure.
d. Religious Activities
The Subrecipient agrees that funds provided under tlus agreement shall not be utilized for inherently religious
activities prohibited b y 24 CFR 570.2000), such as worship, religious instruction, or proselytization.
Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under
any Department program, or any intermediate organization with the same duties as a governmental entity, from
discrinunating for or against an organization on the basis of the organization's religious character or affiliation.
Prohibits religious organizations from engaging in inherently religious activities, such as worslup, religious
instruction, or proselytiz ation, as part of the programs or services funded with direct financial assistance.
Prohibits an organization that participate s in programs funded by direct financial assistance from the Department,
in providing service s, from di scrinunating against a program beneficiary or prospective program beneficiary on
the basis of religion or religiou s belief. Any restrictions on the use of grant funds shall apply equally to religious
and non-religious organizations.
e. Environmental Conditions
(1) Prohibition on Choice Linuting 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 i s not delegated DEO's responsi bilities 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 tl1 e environmental review. A violation of this requirement may
result in a prohibition on the u se of Federal funds for tl1e activity. If D E O has not issued an Authority to
Use Grant Funds within 15 days of Subrecipient's subnuss ion of the required documentation, DEO shall
provide the Subrecipient a written update regarding the status of the review process.
(2) Air and Water
The_Subrecipient shall comply with the following requirements insofar as they apply to the performance of
this agreement:
(a) Air quality. (1) The Clean Air Act (42 U.S.C. 740 1 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 Plan s (Environmental Protection Agency-4-0 CFR parts 6, 51, and 93); and
(b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the
requirements specified in Sec tion 114 and Section 308 of the Federal Water Pollution Control Act, as
amended, and all regulations and guidelines iss ued thereunder.
(c) The Clean Air and Water Act: If thi s Contract i s in excess of $100,000, Contractor shall comply with all
applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 740 1,
Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and
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Environmental Protection Agency regulations . Contractor shall report any violation of the above to
DEO.
(d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State of Florida's energy conservation plan issued in compliance
with the Energy Policy and Conservation Act, Pub. L. 94-163.
(3) Flood Disaster Protection
The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of
the Flood Disaster Protection Act of 1973, as amended b y 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 applicab le 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-
MIT award and listed at the beginning of this Attachment.
( 4) Lead-Based Paint
The Subrecipient shall follow DEO's procedures with re spect 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.
(6) Additional Regulations
(a) The Temporary Assistance for Needy Families Program ('TANF"), 45 CFR Parts 260-265, the Social
Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies
promulgated thereunder.
(b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits
discrimination on the basis of sex in educational programs.
(c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which
prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political
affiliation or b eliefs.
(d) The Pro-Children Act: Contractor agrees to comply witl1 the Pro-Children Act of 199 4, 20 U.S.C. 6083.
Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty
up to $1,000 for each violation and/ or the imposition of an administrative compliance order o n the
responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public
Law (Pub. L.) 103-277, the Contract shall not permit smoking in any portion of any indoor facility used
for the provision of federally funded services including health, day care, early childhood development,
education or library services on a routine or regular basis, to children up to age 18.
(e) Public Announcements and Advertising: When issuing statements, press releases, requests for proposals,
bid solicitations and other documents describing projects or programs funded in whole or in part with
federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or
project which will be financed with federal money, (2) the dollar amount of federal funds for the project
or program, and (3) percentage and dollar amount of the total costs of the project or program that will
be financed by nongovernmental sources.
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(f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent
practicable, all equipment and products purchased with funds made available under this Agreement will
be American-made.
(g) The Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111 -117), which prohibits
distribution of federal fund s made available under the Act to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries. The Continuing Appropriations Act, 2011,
Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are
available under the conditions provided by Pub. L. 111-11 7.
(h) Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) -If this Contract involves federal
funding in excess of $2,000 for construction contracts or in excess of $2,500 for other contracts that
involve the employment of mechanics or laborers, compliance with sections 102 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 32 7-333), as supplemented by Department of Labor
regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
(i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub. L. 94--580 codified at 42 U.S.C.
6962), state and local institutions of higher education, hospitals, and non-profit organizations that receive
direct Federal awards or other Federal funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
U) Immigration Reform and Control Act. Contractor shall comply with the requirements of the
Immigration Reform and Control Act of 1986, which requires employment verification and retention of
verification forms for any individuals hired who will perform any services under the contract.
When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State
may impose any of the additional conditions and/or requirements outlined in 2 CFR § 200.207.
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Attachment F -Civil Rights Compliance
Fair Housing
As a condition for the receipt of CD BG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair
housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by
implementing the actions listed below.
Each Subrecipient shall do the following:
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
complain t. A lternatively, 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 CD BG-MIT 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:
1. Define where discriminatory practices are occurring,
2. Help the community measure the effectiveness of its outreach efforts, and
3. Provide the community with a means to gain information that can be used to design and implement strategies
that will eliminate fair housing impediments.
Examples of fair housing activities include the following:
1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings;
2. Conducting a fair housing poster contest or an essay contest;
3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales
and church festivals; and
4. Conducting fair housing workshops for city/ county employees, realtors, bank and mortgage company employees,
insurance agents and apartment complex owners .
Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO-
approved fair housing brochure as an insert with utility bills will be accepted as an activity . Placing posters in public
buildings does not meet the requirement for a fair housing activity.
The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign-in sheets and
copies of handouts in their CD BG-MIT project file and include information about the activities in the comment section
of each quarterly report.
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Equal Employment Opportunity
As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors,
subcontractors, subrecipients and consultants that it hires with CD BG-MIT funds will abide by the Equal Employment
Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Each Subrecipient shall do the following :
1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants
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 pos t 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;
5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women-
owned business enterprises (WBE) that operate in its region . The Subrecipient shall use this list to solicit
companies to bid on CD BG-MIT-funded construction activities and shall provide a copy of the list to the prime
contractor(s) to u se 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 li st at the following website: https://osd.dms.myflorida.com/directories.
6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60 -1.4(6) into any contracts or
subcontracts that meet the definition of "federally assisted construction contract" in 41 CFR 60-1.3 .
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of CDBG-MIT 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 phys ical 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 h aving such an impairment;
2. Designate an employee as the Section 504 / ADA Coordinator who is av ailable 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 Subrecipient's jurisdiction so that people know who to call to ask Section 504/ ADA questions or register
a complaint. A lternatively, the Subrecipient can post the coordinator's contact information throughout the
quarter on the home page of its website; and
4. Establi sh a system to record the following for each Section 504/ ADA ca ll :
a) The nature of the call,
b) T h e actions taken in response to the call and
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c) The results of the actions taken.
Section 504 prohibitions again st discrimination (see 45 CFR part 84) apply to service availability, access ibility, d elivery,
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 di sa bility:
1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services
or other benefits ,
2. Deny access to programs, service s, benefits or opportunities to participate as a result of phys ical barriers, or
3 . Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are
otherwise entitled or qualified .
The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of
disability in employment, State and local government, public accommodations, commercial facilities, transportation, and
telecommunications . To be protected b y the ADA, one must have a disability or have a relationship or association with
an individual with a disability.
Title II covers all activitie s of state and local governments regardless of the government entity's size or receipt of Federal
funding. Title II requires tl1at State and local governments give people with disabilities an equal opportunity to benefit
from all of their programs, services and activitie s (e .g. public education, employment, transportation, recreation, health
care, social services, courts, vo ting 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, lea se, lease to or operate facilities such as restaurants, retail stores, hotels,
movie theaters, private schools, convention centers, doctors ' offices, homeles s sh elters, transportation depots, zoos,
funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation
services provided b y private entities are al so covered b y 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-MIT-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 CD BG-MIT-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 tl1e quarterly report.
The following Section 3 clause is required to b e included in CD BG-MIT-funded contracts of $100,000 or more.
Section 3 Clause
1. The work to be performed under this contract is subject to the requirements of Section 3 of tl1e Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. § 1701 u (Sec tion 3). The purpose of
Section 3 is to ensure that employment and otl1er economic opportunities generated b y HUD assistance or HUD-
assisted projects covered by Section 3, shall, to tl1e greatest extent feasible , be directed to low-and very low-
income persons, particularly persons who are Subrecipients of HUD assistance for housing.
2. The Parties to this contract agree to comply with HUD 's regulations in 24 CFR part 75, which implement Section
3. As evidenced b y their execution of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the part 75 regulations.
3. The contractor agrees to se nd to each labor organization or representative of workers witl1 which the contractor
has a collective bargaining agreement or other understanding, if any, a notice advising the lab or organization or
workers' representative of the contractor's commitments under tlus Section 3 clause, and will post copies of the
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notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person (s) taking applications for each of the positions; and the anticipated date the
work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations
in 24 CFR part 7 5, and agrees to take appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part
75. The contractor will not subcontract witl1 any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in vio lation of the regulations in 24 CFR part 75.
5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1)
after the contractor is selected but b efore tl1e contract is executed, and (2) with persons other than those to whom
the regulations of 24 CFR part 7 5 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 CFR part 7 5.
6. Noncompliance with HUD's regulations in 24 CFR part 7 5 may result in sanctions, termination of this contract
for default and debarment or suspension from future HUD assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(6) of
the Indian Se lf-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be
performed under this contract. Section 7 (6) 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 subj ect to tl1e provisions of Section 3 and Sectio n 7 (b ) agree to comply with Section 3 to the
maximum extent feasible, but not in derogation of compliance with Section 7 (6).
Civil Rights Regulations
As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following
Federal laws and regulations:
1. Title VI of the Civil Rights Act of 1964 -Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964 -prohibits employment discrimination on the basis of race, color,
religion, sex or national origin;
3. Title VIII of the Civil Rights Act of 1968 -as amended (the Fair Housing Act of 1988);
4. 24 CFR § 570.487 (b) -Affirmatively Furthering Fair Housing;
5. 24 CFR § 570.490(6) -Unit of general local government's record;
6. 24 CFR § 570.606(6) -Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 19 7 5;
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 19 74 -No person shall be excluded from
participation in, denied benefits of or subjected to discrimination under any program o r activity receiving CDBG-
MIT funds because of race, color, religion, sex or national origin;
10. Section 504 of the Rehabilitation Act of 19 73 and 24 CFR part 8, which prohibits discrimination against people
with disabilities;
11. Executive Order 11063 -Equal Opportunity in Housing;
12. Executive Order 11246 -Equal Employment Opportunity; and
13. Section 3 of the Housing and Urban Development Act of 1968, as amended -Employment/Training of Lower
Income Residents and Local Business Contracting.
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h b . fy h Colli er County Board of County Commissione rs h 11 1 · tl all f h · · d F d 1 1 · li d · I ere y certl t at _____________ s a comp y W1 1 o t e prov1s1ons an e era regu atlons ste ill
this Attach ment F.
By: Date:
Name: William L. McDaniel,Jr.
Title: C hairman
~ Remainder of this page is intentionally left blank ~
re D. Perry
Assistant County Attorney
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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/ d ocuments/DOC_3 6660; which is incorporated herein by reference, must be submitted
by April 15 and October 15 eac h yea r 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 clo seout its use of the CDBG-MIT fund s and its obligations under this Agreement by
complying with the clo seout procedures in 2 CFR § 200.343. Activities during tlus clo se-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 the Subrecipient) and
determining tl1e custodianship of records.
Notwithstanding the terms of 2 CFR 200.343, upon the expiration of tlus Agreement, the Subrecipient shall transfer to
the recipient any CD BG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or
improved in whole or in part with CD BG-MIT funds (including CD BG-MIT funds provided to the Subrecipient in
the form of a loan) shall be treated in accordance with 24 CFR 570.503(6)(7).
4. In accordance with 2 CFR part 200, should the Subrecipient meet the threshold for submission of a single or program
specific audit, the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than
nine months from the end of the Subrecipient's fiscal year. If the Subrecipie nt 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 ye ar.
5. A copy of tl1e Audit Compliance Certification form, Attachment J, must be emailed to audit@deo.myflorida.com
within sixty (60) calendar days of the end of eac h fiscal year in wluch tlus subgrant was open.
6. The Section 3 Summary Report, form H UD-60002, must be completed and submitted through DEO's SERA
reporting system by July 31, annually. The form must b e used to report annual accomplishments regarding
employment and other economic opportunities provided to p erso n s and businesses tl1at meet Section 3 requirements.
7. Request for Funds must b e submitted as required b y DEO and in accordance with the Project Description and
Deliverables, Project Budget and Activity Work Plan.
8. All forms referenced herein are available online or upon request from D EO 's grant manager for tlus 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 CFR 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 disclo sure of the financial results of this project or program.
2. Records tl1at identify tl1e source and use of fund s for all activities. These records shall contain information
pertaining to grant awards, authorizations, obligations, unobligated balances , a ssets, outlays, income and interest.
3. Effective control over and accountability for all funds, property and other assets. The Subrecipient sh all 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 CFR
part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles") and the terms and conditions of this
Agreement.
6. Cost accounting records that are supported b y backup documentation.
Competition
A ll procurement transactions must follow the provisions of 2 CFR §§ 200.318-200.327 and be conducted in a manner
providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors tl1at may restrict or eliminate competition or otherwise res train 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 wh ose
proposal is most advantageous to tl1e program, considering the price, quality and otl1er factors. Solicitations shall clearly
set fortl1 all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evalu ated 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 sh all participate in the selection, award or
administration of a contract supported b y 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 in1mediate family, his or h er partner,
or an organization which employs or is about to employ any of the parties indicated, h as a financial or other interest in a
tangib le personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient
shall neither solici t 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 standard s by officers,
employees or agents of the Subrecipient. (See 2 CFR § 200.318(c)(1).)
Business Hours
The Subrecipient shall have its offices open for business, witl1 tl1e entrance door open to the public, and at least one
employee on site at all reasonable times for business. "R easonable " shall be constrned 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
A ll contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of
ilie particular work for which iliey are hired by ilie Subrecipient.
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Attachment I -Audit Requirements
T h e administration of resources awarded b y D E O to the Subrecipient may be subj ec t to audits and/ or monitoring b y
D EO a s described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F -A udit Requirements, and section
2 15.9 7, F.S., as revised (see "AUDITS" below), monito ring procedures may includ e, but n ot b e limited to, on-site visits
b y D E O s taff, limited scop e audits as d efined b y 2 CFR §200.425, or other procedures. By e ntering into this Agreement,
the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate b y
D E O . In the event D EO d etermines that a limited scope audit of the Su brecipient is appropriate, th e Subrecip ient agrees
to comply with any additional instructions provided by D EO staff to the Subrecipient regarding such audit. T h e
Subrecipient furth er agrees to comply and cooperate with any inspections, reviews, inves tiga tions or audits deemed
neces sary b y the Chief Financial Officer (CFO ) or A uditor General.
AUDITS
PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient i s a s tate or local government or
nonprofit organization as d efin e d in 2 CFR §200.90, §200.64, and §200.70 .
1. A Subrecipient that expends $75 0,000 or m o r e in fe deral awards in its fi sc al year must h ave a single or program -
specific audit conducted in accordance with the provisio ns of 2 CFR 200, Subpart F -A udit R e quirements.
EXHIBIT 1 to this form li sts the federal resources awarded thro ug h D EO by this agreement. In determining
the federal awards ex p ended in its fi sc al yea r, the Subrecipient shall consider all sources of federal awards,
including federal r eso urces received from DEO. The d e termination of amounts of federal awa rds expended
should be in accordance with the guid eline s established in 2 CFR §§2 00.502-5 03. An audit of the Subrecipient
conducted b y the Auditor General in accordance with the provisio n s of 2 CFR §2 00.514 will m eet the
requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Subrecipient sh all fulfill the requirements rela tive
to auditee r es p o n sibilities as provided in 2 CFR §§200 .508-5 12.
3. A Subrecipient that ex p ends less th an $750,000 in federal award s in its fi scal year is not required to h ave an audit
conducted in accordance with the provisio n s of 2 CFR 200, Subpart F -A udit R equirements. If the Subrecipie nt
expends less th an $750,000 in federal awards in its fisca l year and elects to h ave an audit conducted in
accordance with the provisio n s of 2 CFR 200, Subpart F -A udit R equirements, the cost of the audit must b e
paid from non-federal r esources (i.e., the cost o f su ch an audit must be paid fr om Su brecipient resources
obtained from o ther than federal entities).
PART II: STATE FUNDED . This part is appli cable if the Subrecipien t is a non -s tate e ntity as defined by Section
2 15.97(2), F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance e qual to or in excess of
$7 50 ,000 in any fi scal year of such Subrecipient (for fisca l years ending June 30, 2017, and th ereafter), the
Subrecipient mus t have a state single or proj ect-specific audit for such fi scal year in accordance w ith section
215.97, F.S.; Rule C hapter 691 -5, F.A.C., State Financial Assistance; and C hapters 10.550 Oocal governmental
entities) and 10.650 (n o nprofit and for -profit organizations), Rule s of the Auditor General. EXHIBIT 1 to thi s
form li st s the state financial assistance awarded through D EO by this agreement. In determining the state
financial assistance expended in its fi sc al year, th e Subrecipient sh all consider all so urces of state financial
ass istance, including sta te finan cial assistance r ec eived from D E O, other sta t e age n cies, and other n onstate
entities. State fin an cial assistance does n ot include fed eral direct or p ass-thro ugh awards and resources received
by a nonstate entity for federa l program matching requirements.
2. For the audit requirements addresse d in P art II, paragra ph 1, the Subrecip ient sh all en sure that th e audit
complies with the r equirem ents of sec tion 215.9 7(8), F.S . This includes submiss ion o f a financial r eporting
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package as defined b y sec tion 215 .97(2), F.S., and C hapter s 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizatio n s), Rule s of th e Auditor General.
3. If the Subrecipient expend s le ss than $75 0,000 in s tate financial assistance in its fi sc al ye ar (for fiscal ye ar s
ending June 30, 2017, and thereaft er), an audit conducted in accordance with the provisions of section 215.9 7,
F.S., is not required . If the Subrecipient expends less than $75 0,000 in state financial assistance in its fiscal year
and elects to have an audit conducted in accordan ce with the provisions of sec tion 215.97, F.S., the cost of the
audit mus t be paid from the non state entity's r esources (i.e., the cost of such an audit mus t be paid from the
Subrecipient's resources o btained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS
(NOTE : This part would be used to specify af!Y additional audit requirements imposed l?J, the S tate awarding entify that are so lely a matter
of that State awarding entity'spoliry (i.e., the audit is not required l?J, Federal or S tate laws and is not in conflict with othe r Federal or State
audit requirements). Pursuant to Section 2 15.97(8), F.S., S tate agemies mqy conduct or arrange for audits of state financial assistance th at
are in addition to audits conducted in acwrdance with Section 2 15.97, F .S. I n such an event, the S tate awarding agenry 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 r equired b y Part I of this form shall be submitted, when required b y
2 CFR § 200.512, by or on behalf of the Subrecipient directly to the Federal A udit Clearinghouse (FAC) as
provided in 2 CFR § 200.36 and §200.512 .
The FAC's website provid es a data entry sys t em and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry sys tem may be found at the 0MB web site.
2 Copies of financial reporting packages required b y Part II of this form sh all be submitted b y or on behalf of
the Subrecipient directly to each of the fo ll owing:
a. DEO at each of the fo ll owing addresses:
Electronic co pies (preferred): or
Audit@deo.mvflorida.com
Paper (11ard copy):
Department Economic Opportunity
MSC# 7 5, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
b. The Auditor General's Office at the following address:
Auditor General
Local Government A udits
342 Claude Pepper Building, Room 401
111 West Madison Stree t
Tallaha ssee, Florida 32399-1450
The Auditor General's website (11ttps: / / flauditor.gov /) provides instructions for filin g an electronic
copy of a financial reporting package.
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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
Audit@deo.mvflorida.com
Paper (hard copy):
Department Economic Opportunity
MSC# 75, Ca ldwell Building
10 7 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 §2 00.512, 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 A uditor General, should indicate the date that the reporting package
was delivered to the Subrecipient in correspondence acco mpanying 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 sati sfied and final payments have been received, w hichever period is longer,
and shall allo w 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) ye ars from the date the audit report is issued, unless extended in writing by D EO. 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, which ever 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:
Federal Funds Obligated to Subrecipient:
Catalog of Federal Domestic Assistance Title:
Catalog of Federal Domestic Assistance Number:
Project Description:
This is not a research and development award.
U.S. Department of Housing and Urban Development
$2 16,552.00
Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
14.228
Funding is being provided to the Marion E. Fether Medical
Center in Collier County to replace 65 doors and windows
with nonimpact glazing material will solidify the facility's
ability to withstand wind, heat, or water damage after a
storm and immediately respond to tl1 e needs of their
population.
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 witl1 Sections 290.0401-290.048, F.S .
2. The Subrecipient shall perform its obligations in accordance witl1 24 CFR §§ 570.480 -570.497.
3. The Subrecipient shall perform the obligations as set fortl1 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 b y all applicable laws, rules and regulations, including, but not necessarily
limited to, those identified in Award Tenns & 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:
NIA
NOTE: Title 2 CFR § 200.331 and Section 215 .97 (5), F.S., require that the information about Federal Programs and
State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the
Subrecipient.
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Attachment J -Audit Compliance Certification
Email a copy of tliis form witlii,1 60 days of tlie e11d of eacl1 fiscal year in wl1icl1 d1is s ubgrant was
open to audit@ deo.my florida.com .
Su brecipient:
FEIN: I Subrecipient's Fiscal
Year:
Contact Name: I Contact's Phone:
Contact's Email:
1. Did the Subrecipien t expend state financial assista n ce, during its fiscal yea r that it received under an y
agreement (e.g., contract, gra n t, m emorandum of agreement, memorandum of understanding,
eco n omic incentive award agreem e n t, etc.) b etween the Subrecipient and the Department of
Economic Opportunity (DEO)? 0 Yes □No
If the above answer is yes, answer the fo ll owing before proceeding to item 2.
Did the Subrecipient expend $750,000 or more of s tate financial ass istance (from DEO and all o ther
sources of state financial assistance combined) during its fiscal year? 0 Yes 0 No
If yes, the Subr ecipient 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 Departme nt of Financial Services and the Auditor General.
2. Did the Subrecipient ex p end federal awards during its fi scal year that it received under any agreement
(e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) b etween the Subrecipient and DEO? 0 Yes □No
If the a b ove answer is yes, al so answer the fo ll owing before proceeding to execution of this
certificatio n:
Did the Subrecipient expend $750,000 or more in fed eral awards (from DEO and all oth er sources of
federal awards combined) during its fiscal year? 0 Yes 0 No
If yes, the Subrecipie nt certifies that it will timely comply with all applicable single or
program-specific audit requirements of2 CFR p art 200, subpart F, as revi sed .
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 A uthorized Representative Date
Printed Nam e of A uthorized Representative Titl e of Authorized Representative
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Attachment K -Subrecipient Enterprise Resource Application (SERA) Form
Attachment K will be provided after execution of this Agreement
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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 b y the Federal agency or non-Federal entity, all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the fo ll owing, as applicable.
(A) Contracts for more than the simplified acquisition threshold, 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 b y which it will be affected and the basis for se ttlement.
(C) Equal E mployment 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(6), in accordance with Executive Order
11246, "Equal Employment Opportunity" (3 0 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),
as amended b y Executive Order 113 75, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract
Complian ce Programs, Equal Employment Opportunity, Department of Labor."
(D) Dav is-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 Ac t (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (2 9 CFR Part 5, "Labor Standard s Provisions
Appli cable 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 b y the Secretary of Labor. In addition,
contractors must be required to pay wages not le ss than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued b y the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determinatio n. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts mus t also include a provision for complia n ce with the Copeland
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented b y 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 mus t report all suspected or reported violations to tl1e Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (4 0 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 tl1at involve tl1e employment of
mechanics or laborers must include a prov isio n 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 tl1e Act,
each contractor must b e required to compute the wages of every mechanic and laborer on tl1e basis of a
standard work week o f 40 hours . Work in excess of the sta ndard work week is permissible provided that
the worker is compensated at a rate of not less tl1an 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
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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 wis h es 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 3 7 CFR Part 401, "Rights
to Inventions Made b y 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 0MB 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 Su spension." 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 Congres s 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 .
0) See 200.323 -Procurement of Recovered Materials.
(K) See 200.216 -Prohibition on certain telecommunications and video surveillance services or
equipment.
(L) See 200 .322 -Domestic Preferences for procurements.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 7 5888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]
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Attachment M
State of Florida
Department of Economic Opportunity
Federally Funded
Community Development Block Grant
Disaster Recovery (CD BG-MIT) Subrogation Agreement
This Subrogation and Assignment Agreement ("Agreement") is made and entered into b y and between Collier
County (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-Mitigation Program (the "CDBG-MIT Program") administered by DEO,
Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments
received from any grant, sub sidized loan, la wsuit 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-MIT Program and that are determined in the sole discretion of D EO 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 so le 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 CD BG-MIT
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 all owing 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 addition al documents and instruments
as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to
Subrecipient under the CDBG-MIT Program, tl1e Policies, any amounts received under the Mitigation
Programs that are DOB Proceeds and/ or any rights iliereunder, and to take, or cause to b e taken, all actions
and to do, or cause to be done, all things requested by DEO to cons=ate and make effective the purposes
of this Agreement.
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Subrecipient explicitly all ows DEO to request of any company with which Subrecipient held insurance policies,
or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any
non-public or confidential information determined to be reasonably necessary by DEO to monitor/ enforce its
interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to
release said information to DEO.
If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by
superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such
amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount
greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the
calculation of Subrecipient's award.
In tl1e event that tl1e Subrecipient receive s 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 tl1e Grant Proceeds, any Subsequent DOB Proceeds
shall be retained by DEO .
2. If the Subrecipient has received no payment of the Grant Proceeds, any Sub sequent DOB Proceeds
sh all be used by DEO to reduce payments of tl1e 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 u sed, retained and /or disbursed in the following order: (A) Subsequent DOB Proceeds shall first
be u sed 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 tl1e Subrecipient does not qualify to participate in the CDBG-
MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, tl1e
Subsequent DOB Proceeds shall be returned to tl1e 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 crinunal penalties under 18 U.S.C. 28 7 , 1001 and 31 U.S.C. 3729.
-Remainder of this page is intentionally left blank -
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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
b y Subrecipient.
In any proceeding to enforce this Agreement, D E O shall be entitled to recover all costs of enforcement,
including actual attorney's fee s.
By
Signature
illiam L. McDaniel, Jr.
Title Chairman
Date
.. '
ATTEST: ... H>n
CRYSTA~ _ .. KfNZEJ!(GLERK
' ·. ,,
Derek D. Perry
Assistant County Attorney
By
Title
Date
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DEPARTMENT OF ECONOMIC
OPPORTUNITY
Signature
Meredith Ivey
Chief of Staff
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8/4/2022
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