R22-058 1 RESOLUTION NO. R22 - 058
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 SUBRECIPIENT GRANT AGREEMENT FROM THE DEPARTMENT OF
6 ECONOMIC OPPORTUNITY (DEO) COMMUNITY DEVELOPMENT BLOCK
7 GRANT-MITIGATION (CDBG-MIT) PROGRAM IN THE AMOUNT OF
8 $2,100,000 FOR THE EAST WATER TREATMENT PLANT GENERATOR
9 REPLACEMENT PROJECT;AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City of Boynton Beach has been awarded $2,100,000 in grant
13 funding from the Department of Economic Opportunity (DEO) Community Development
14 Block Grant-Mitigation (CDBG-MIT) program for critical facility hardening and to provide
15 standby power to the East Water Treatment Plant as DEO Subrecipient Agreement No.:
16 I0123.p; and
17 WHEREAS,the scope of work for the project includes design of the new generator
18 system, purchasing equipment, re-routing underground piping, completing construction,
19 testing, training, commissioning, and start-up; and
20 WHEREAS, the Subrecipient Agreement ends forty-eight (48) months after
21 execution by DEO; and
22 WHEREAS, implementation of this project will provide a more reliable backup
23 power system at the East Water Treatment Plant to provide power to the plant during
24 storm events, natural disasters, and prolonged power failures and system outages from
25 Florida Power and Light (FPL) and enable the City to continue to provide a high level of
26 service to our water customers; and
27 WHEREAS, the City Commission of the City of Boynton Beach upon
28 recommendation of staff, deems it to be in the best interest of the citizens of the City of
29 Boynton Beach to approve and authorizes the Mayor to sign the Subrecipient Grant
30 Agreement from the Department of Economic Opportunity (DEO) Community
31 Development Block Grant-Mitigation (CDBG-MIT) program in the amount of $2,100,000
32 for the East Water Treatment Plant Generator Replacement Project.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
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34 OF BOYNTON BEACH, FLORIDA, THAT:
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof.
38 Section 2. The City Commission approves and authorizes the Mayor to sign
39 the Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO)
40 Community Development Block Grant-Mitigation (CDBG-MIT) program in the amount of
41 $2,100,000 for the East Water Treatment Plant Generator Replacement Project, attached
42 hereto and incorporated herein as Exhibit"A".
43 Section 3. This Resolution shall become effective immediately upon passage.
44 PASSED AND ADOPTED this 5th day of April, 2022.
45 CITY OF BOYNTON BEACH, FLORIDA
46
47 YES NO
48
49 Mayor—Ty Penserga t✓
50
51 Commissioner—Angela Cruz ✓
52
53 Commissioner—Woodrow L. Hay
54
55 Commissioner—Thomas Turkin
56
57 Commissioner— District 4 - Vacant
58
59
60 VOTE `/O
61
62 ATTEST:
63
64
65 4(492-
66 C stal Gibson, MMC
67 City Clerk
68
69
70 (Corporate Seal)
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DEO Agreement No.:I0123
State of Florida
Department of Economic Opportunity
Federally Funded
Community Development Block Grant
Mitigation Program (CDBG-MIT)
Subrecipient Agreement
THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic
Opportunity, (hereinafter referred to as "DEO') and the City of Boynton Beach, Florida hereinafter referred
to as the"Subrecipient"(each individually a`Tarty"and collectively"the Parties').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS,pursuant to Public Law(P.L.) P.L.115-123 Bipartisan Budget Act of 2018 and Additional
Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20
Supplemental Appropriations for Disaster Relief Requirements Act,2019(approved June 6,2019),Division B,
Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the"Continuing Appropriations Act,2018";
and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers,
and Alternative Requirements for Community Development Block Grant Mitigation Grantees",84 FR 45838
(August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for
Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 (January
6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of
Housing and Urban Development(hereinafter referred to as"HUD")has awarded Community Development
Block Grant—Mitigation(CDBG-MI'I) funds to DEO for mitigation activities authorized under Title I of the
Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) §5301 et seq.)
and applicable implementing regulations at 24 C.F.R.part 570 and consistent with the Appropriations Act.
WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement
constitute a subaward of the DEO Federal award,the use of which must be in accordance with requirements
imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award.
WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this
Agreement,the Subrecipient represents and warrants to DEO that it will comply with all the requirements of
the subaward described herein.
WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will: (1)meet the definition of
mitigation activities. For the purpose of this funding,mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,damage to and
loss of property,and suffering and hardship,by lessening the impact of future disasters;(2)address the current
and future risks as identified in 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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DEO Agreement No.:I0123
NOW THEREFORE,DEO and the Subrecipient agree to the following:
(1) SCOPE OF WORK
The Scope of Work for this Agreement includes Attachment A,Project Description and Deliverables.
With respect to Attachment B,Project Budget,and Attachment C,Activity Work Plan,the Subredpient shall
submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and
appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and
contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and
absolute discretion.
(2) INCORPORATION OF LAWS,RULES,REGULATIONS AND POLICIES
Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience
managing projects with funds made available through federal grants.Subrecipient is familiar with DEO's grant
agreement with HUD,has reviewed applicable 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, including but not limited to, the Federal laws and regulations as now in effect and as may be
amended from time to time, set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's
Action Plan,and all applicable CDBG-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 75, 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 the date DEO executes this Agreement(the"Effective Date')and ends
forty-eight(48)months after execution by DEO,unless otherwise terminated as set forth herein.
(4) RENEWAL AND EXTENSION
This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the
Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the
Division of Community Development approves such extension in writing
(5) MODIFICATION OF AGREEMENT
Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any
modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement.DEO
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 subject to 2 CFR part 200 —
Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as
now in effect and as may be amended from time to time.
(b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General
of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability,
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DEO Agreement No.:I0123
and representatives of the Federal government and their duly authorized representatives shall have access
to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as
they may relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
(c) The Subrecipient shall maintain books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of
funds provided by DEO under this Agreement.
(d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph(7),Audit Requirements and Attachments I and J herein and ensure
that all related party transactions are disclosed to the auditor.
(e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this
Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from
funds under this Agreement for a period of six(6)years from the date DEO issues the final closeout for
this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR
570.502(a)(7)(n). The Subrecipient shall further ensure that audit working papers are available upon
request for a period of six(6)years from the date DEO issues the final closeout of this Agreement,unless
extended in writing by DEO. The six-year period may be extended for the following reasons:
1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the
six-year period,in which case the records shall be retained until all litigation,claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at$1,000 or more
at the time of acquisition shall be retained for six(6)years after final disposition.
3. Records relating to real property acquired shall be retained for six (6) years after the dosing
on the transfer of title.
(f) The Subredpient shall maintain all records and supporting documentation for the Subrecipient
and for all contractors,subcontractors and consultants paid from funds provided under this Agreement,
including documentation of all program costs in a form sufficient to determine compliance with the
requirements and objectives of the scope of work and all other applicable laws and regulations.
(g) The Subrecipient shall either (1) maintain all funds provided under this Agreement in a separate
bank account or(ii)ensure that the Subrecipient's accounting system shall have sufficient internal controls
to separately track the expenditure of all funds from this Agreement.Provided further,that the only option
available for advanced funds is to maintain such advanced funds in a separate bank account. There shall
be no commingling of funds provided under this Agreement with any other funds,projects or programs.
DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement
for such costs as described herein,Subparagraph(22)(e),Repayments.
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the
Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the Federal government or their duly authorized representatives.
"Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,local time,
Monday through Friday.
(7) AUDIT REQUIREMENTS
(a) The Subredpient shall conduct a single or program-specific audit in accordance with the
provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
(b) Within sixty(60) calendar days of the close of Subrecipient's fiscal year,on an annual basis,the
Subrecipient shall electronically submit a completed Audit Compliance Certification to
audita,,deo.myflorida.com, and DEO's grant manager; a blank version of which is attached hereto as
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Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.)between DEO and the Subrecipient.
(c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the
Subrecipient shall send an electronic copy of its audit report to 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) REPORTS
Subrccipient 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 available 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) INSPECTIONS AND MONITORING
(a)Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and
will immediately provide access to records and financial statements as deemed necessary by DEO,HUD,
and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR
570.489.
(b)Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by
DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes,
regulations,and this Agreement.
(c)Without limiting the actions DEO, HUD, or their respective investigators may take,monitoring
procedures will include at a minimum:(1)reviewing financial and performance reports required by DEO;
(2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the federal award provided to Subrecipient from DEO as detected through audits,on-site
reviews and other means; and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to Subrecipient from DEO as required by 2 CFR§200.521.
(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 noncompliance. DEO
may also take other action as stated in Paragraph(13)Remedies or otherwise allowable by law.
(10)DUPLICATION OF BENEFITS
Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a
prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974(42 U.S.C.5155 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 the activities under this
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Agreement in compliance with DEO's procedures to prevent duplication of benefits.Subrecipient shall sign a
Subrogation Agreement(See Attachment M).
(11) LIABILITY
(a) If Subrecipient is a state agency or subdivision,as defined in Section 768.28(2),F.S.,pursuant to
Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party
for the other Party's negligence.
(b)Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with
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 fully responsible for its negligent or tortious acts or omissions,which
result in claims or suits against DEO.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
discretion,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 Subrecipient, in this Agreement or any previous
agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or
perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with
DEO or HUD,and/or has not cured them in timely fashion and/or is unable or unwilling to meet its
obligations under this Agreement and/or as required by statute,rule,or regulation;
(b) Any material adverse change occurs in the financial condition of Subrecipient at any time during
the term of this Agreement and the Subredpient fails to cure this adverse change within thirty(30)calendar
days from the date written notice is sent by DEO;
(c) If Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete,or insufficient information or fails to submit additional information as requested by DEO;
(d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement,
including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO
elects to make payments or partial payments after any Events of Default,it does so without waiving the
right to exercise any remedies allowable herein or at law and without becoming liable to make any further
payment.
(e)Neither Party shall be liable to the other for any delay or failure to perform under this Agreement
if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and
the delay is due directly to acts of God,wars,acts of public enemies,strikes,fires,floods,or other similar
cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers
if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the
Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's
performance obligation under this Agreement.If the delay is excusable under this paragraph,the delay will
not result in any additional charge or cost under the Agreement to either Party. In the case of any delay
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the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of
the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days
after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that
a delay could occur as a result or(2)within five(5)calendar days after the date Subrecipient first had reason
to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING
SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will
notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time,shall
be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or
payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency arising because of delay,
disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed,
in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to
exist,Subrecipient shall perform at no increased cost,unless DEO determines,in its sole discretion,that
the delay will significantly impair the value of the Agreement to DEO or the State,in which case,DEO
may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient,
provided that Subrecipient grants preferential treatment to DEO with respect to products or
services subjected to allocation;(2)purchase from other sources(without recourse to and by Subrecipient
for the related costs and expenses)to replace all or part of the products or services that are the subject of
the delay,which purchases may be deducted from the Agreement quantity or(3)terminate the Agreement
in whole or in part.
(13) REMEDIES
If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or
remedy available,provide thirty(30)calendar days written notice to the Subrecipient and if the Subrecipient
fails to cure within those thirty(30)calendar days DEO may choose to exercise one or more of the following
remedies,either concurrently or consecutively:
(a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17)
Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs
under this Agreement or any applicable law,rule or regulation governing the use of the funds;and
(e) Exercise any corrective or remedial actions,including but not limited to:
1. Request additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. Issue a written warning to advise that more serious measures may be taken if the situation is
not corrected;and/or
3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question.
(f) Exercise any other rights or remedies which may be otherwise available under law.
Pursuit of any of the above remedies docs not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or
failure by DEO to require strict performance does not affect,extend or waive any other right or remedy
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available or affect the later exercise of the same right or remedy by DEO for any other default by the
Subrecipient
(14) DISPUTE RESOLUTION
DEO shall decide disputes concerning the performance of the Agreement, and document dispute
decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the
Subrecipient files a petition for administrative hearing with DEO within twenty-one(21)days from the date of
receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,F.S.,is an absolute
condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however,
that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter
120,F.S.
(15) CITIZEN COMPLAINTS
The goal of DEO is to provide an opportunity to resolve complaints in a timely manner,usually within
fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable,and to provide
the right to participate in the process and appeal a decision when there is reason for an applicant to believe its
application was not handled according to program policies.All applications,guidelines and websites will include
details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
Applicants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination,
(b) A program assistance award calculation,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-DRai).deo.myfloxida.com or submit by postal mail to the following 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 subrccipicnt will handle citizen complaints by conducting.
(a) Investigations as necessary,
(b) Resolution,and
(c) Follow-up actions.
If the complainant is not satisfied by Subrecipient's determination,then the complainant may file a written
appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals
process, the complainant has not been satisfied with the response, a formal complaint may then be
addressed directly to DEO at:
Department of Economic Opportunity
Caldwell Building,MSC-400
107 E Madison Street
Tallahassee,FL 32399
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The Florida 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 file
a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or
www.hud.gov/fairhousing.
(16) TERMINATION
(a) DEO may immediately suspend or terminate this Agreement for cause by providing written
notice,from the date notice is sent by DEO. Cause includes,but is not limited to: an Event of Default
as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this
Agreement; fraud; lack of compliance with any applicable rules,regulations, statutes, executive orders,
HUD guidelines,policies, directives or laws; failure, for any reason,to timely and/or properly perform
any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or
incomplete in any material respect and refusal to permit public access to any document,paper,letter or
other material subject to disclosure under law, including Chapter 119, F.S., as amended. The
aforementioned reasons for termination are listed in the immediately preceding sentence for illustration
purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate
this Agreement. In the event of suspension or termination,Subrecipient shall not be entitled to recover
any cancellation charges or unreimbursed costs.
(b)DEO may unilaterally terminate this Agreement,in whole or in part,for convenience by providing
Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the
reasons for such termination,the effective date and,in the case of partial termination,the portion to be
terminated. However,if in the case of partial termination,DEO determines that the remaining portion
of the award will not accomplish the purpose for which the award was made,DEO may terminate the
portion of the award which will not accomplish the purpose for which the award was made.Subrecipient
shall continue to perform any work not terminated. In the event of termination for convenience,
Subredpient shall not be entitled to recover any cancellation charges or unreimbursed costs for the
terminated portion of work.
(c)The Parties may terminate this Agreement for their mutual convenience in writing,in the manner
agreed upon by the Parties,which must include the effective date of the termination.
(d)In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under
the terminated portion of the Agreement after the date Subrecipient has received the notification of
termination. Subredpient shall cancel as many outstanding obligations as possible. DEO shall disallow
all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent
authorized by law,withhold payments to Subrecipient for the purpose of set-off until the exact amount
of damages due to DEO from Subrecipient is determined.
(e) Upon expiration or termination of this Agreement, Subredpient shall transfer to DEO any
CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable
attributable to the use of CDBG-MIT funds.
(f) Any real property under Subrecipient's control that was acquired or improved in whole or in part
with CDBG-MIT funds(including CDBG-MIT funds provided to the subrecipient in the form of a loan)
in excess of$25,000 must either:
1. Be used to meet a national objective until five years after expiration or termination of this
Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or
2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to
the current market value of the property less any portion of the value attributable to expenditures of
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non-CDBG-MIT funds for the acquisition or improvement of the property for five years after
expiration or termination of this Agreement.
(g) The rights and remedies under this clause are in addition to any other rights or remedies provided
by law or under this Agreement.
(17) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of
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:
Stephan Cooley
107 E.Madison St
Tallahassee,FL 32399
Phone:850-921-3292
Email:Stephan.Cooley��deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Joel Lacroze
Associate Engineer
124 E.Woolbright Rd.,Boynton Beach,Florida
33435
Phone:561-742-6492
Email:I.acroze J(ubbfl.us
(d) If different representatives or addresses are designated by either Party after execution of this
Agreement,notice of the name,title and address of the new representative will be provided as provided
for in this Agreement. Such change shall not require a formal amendment of the Agreement.
(18) CONTRACTS
If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed
contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be
forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient shall
report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority
vendor,as defined in Section 288.703,F.S. The Subrecipient shall comply with the procurement standards in
2 CFR§200.318-§200.327and §200.330 when procuring property and services under this Agreement(refer to
Attachments D&E).
The Subrecipient shall include the following terms and conditions in any contract pertaining to the work
required under this Agreement:
(a)the period of performance or date of completion;
(b) the performance requirements;
(c) that the contractor is bound by the terms of this Agreement;
(d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations;
(e) that the contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement;
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(f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in
performing its work under this Agreement;
(g) the requirements of 2 CFR Appendix II to Part 200— Contract Provision for Non-Federal Entity
Contract Under Federal Awards—(refer to Attachment L)
Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR
570.489(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 performed under this Agreement and shall ensure that its
contractors perform according to the terms and conditions of the procured contracts or agreements and the
terms and conditions of this Agreement.
(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 by DEO may be effective unless made is writing by an authorized DEO
official.
(20) ATTACHMENTS
(a) If any inconsistencies or conflict between the language of this Agreement and the attachments
arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency.
(b) This Agreement contains the following attachments:
Attachment A—Project Description and Deliverables
Attachment B—Project 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—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources
Attachment J—Audit Compliance Certification
Attachment K — SERA Access Authorization Form (form provided after execution of this
agreement)
Attachment L-2 CFR Appendix II to Part 200
Attachment M—Subrogation Agreement
(21) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed Two Million One Hundred Thousand
Dollars and Zero Cents ($2,100,000.00) subject to the availability of funds. The State of Florida and
DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations
by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida
Constitution.
(b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability
("NFA") through DEO's financial management information system. Each NFA may contain specific
terms, conditions,assurances,restrictions or other instructions applicable to the funds provided by the
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NFA. By accepting funds made available through an NFA,Subrecipient agrees to comply with all terms,
conditions,assurances,restrictions or other instructions listed in the NFA.
(c) By execution of this Agreement, Subrecipient certifies that necessary written administrative
procedures,processes and fiscal controls are in place for the operation of its CDBG-MIT program for
which Subrecipient receives funding from DEO.These written administrative procedures,processes and
fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance
and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of
Attachment D,Program and Special Conditions.
(d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with
the Scope of Work.
(e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory
for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of
each Request for Funds ("RFF") on behalf of Subrecipient SERA Access Authorization Form will be
provided after the execution of this Agreement.
(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 available to fund this Agreement as a result of action by the United
States Congress,the Federal Office of Management and Budget,the Florida Legislature,the State Chief
Financial Officer or under Subparagraph(23),Mandated Conditions of this Agreement,all obligations on
the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit
its administrative closeout report and subgrant agreement closeout package as directed by DEO within
thirty(30) calendar days from receipt of notice from DEO.
(h) Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by Subrecipient.
(i) All expenditures under this Agreement shall be made in accordance with this Agreement and any
applicable state or federal statutes,rules,or regulations.
6) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the
"Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional
Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term
recovery from major disasters that occurred in 2017, 2018,and 2019 in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.5121 et seq., (the"Stafford Act").
(k) CDBG-DR funds, appropriated and identified by Public Law, are governed by one or more
Federal Register notices that contain requirements,applicable waivers, and alternative requirements that
apply to the use of these funds.
(22) REPAYMENTS
(a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors,
subcontractors,and consultants only expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated
funds which have been advanced or paid.
(c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors,subcontractors or consultants are entitled under the terms and conditions
of this Agreement
(d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet
one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d);provided,however,the
Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion,
determines Subrecipient is at fault for the ineligibility of the activity in question.
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(e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this
Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient,within
thirty(30)calendar days from Subrecipient's receipt of notification of such non-compliance.
(f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for
collection,the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount
of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under
this Agreement are to be made payable to the order of"Department of Economic Opportunity" and
mailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
107 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 this Agreement, in any later
submission or response to a DEO request or in any submission or response to fulfill the requirements of
this Agreement. All of said information, representations and materials are incorporated herein by
reference.
(b) This Agreement shall be construed under the laws of the State of Florida and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly
waive any right to jury triaL
(c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then that provision shall be null and void only to the extent of the conflict or
unenforceability,and that provision shall be severable from and shall not invalidate any other provision
of this Agreement.
(d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall
survive the term of this Agreement.
(e) This Agreement may be executed in any number of counterparts,any one of which may be taken
as an original.
(f) Subrecipient shall comply with all applicable local,state and federal laws,including the Americans
With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida
Statutes;Title VII of the Civil Rights Act of 1964,as amended; (P.L. 101-336,42 U.S.C.§ 12101 et seq.)
and laws which prohibit discrimination by public and private entities on in employment, public
accommodations,transportation,state and local government services and telecommunications.
(g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S.,
who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not
submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public
building or public work;may not submit bids,proposals or replies on leases of real property to a public
entity;may not be awarded or perform work as a contractor,supplier,subcontractor or consultant under
a contract with any public entity;and may not transact business with any public entity in excess of thirty-
five thousand dollars($35,000) for a period of thirty-six(36)months following the date of being placed
on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that
neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose
if it or any of its affiliates is placed on the convicted vendor list.
(h) Pursuant to Section 287.134(2)(a),N.S.,an entity or affiliate,as defined in Section 287.134(1),who
has been placed on the discriminatory vendor list may not submit a bid,proposal or reply on a contract
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to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract
with a public entity for the construction or repair of a public building or public work;may not submit
bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;and
may not transact business with any public entity. By executing this Agreement,the Subrecipient represents
and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
0) In the event travel is pre-approved by DEO,any bills for travel expenses shall be submitted and
reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR §
200.474.
(k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any
interest income shall either be returned to DEO or be applied against DEO's obligation to pay the
Agreement award amount.
(I) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law(Section
286.011, F.S.) with respect to the meetings of Subredpient's governing board or the meetings of any
subcommittee making recommendations to the governing board. Subredpient agrees that all such
aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings
shall be public records made available to the public in accordance with Chapter 119,F.S.
(m) Subrecipient shall comply with section 519 of P.L. 101-144,the Department of Veterans Affairs
and Housing and Urban Development,and Independent Agencies Appropriations Act,1990;and section
906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or
adopting within ninety(90)days of execution of this Agreement,and enforcing,the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(n) Upon expiration or termination of this Agreement, Subredpient shall transfer to DEO any
CDBG-MTT funds remaining at the time of expiration or termination, and any accounts receivable
attributable to the use of CDBG-MIT funds.
(24) LOBBYING PROHIBITION
(a) No funds or other resources received from DEO under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
(b) The Subrecipient certifies,by its signature to this Agreement,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient,to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any general loan,the entering into of any cooperative agreement, and the extension,
continuation,renewal,amendment or modification of any federal contract,grant,loan or cooperative
agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress or an employee of a Member of Congress in connection
with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and
submit Standard Form-LLL, "Disdosure Form to Report Lobbying," in accordance with its
instructions;and
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3. Subrecipient shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose as described in this
Agreement. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(25) COPYRIGHT,PATENT AND TRADEMARK
Any and all patent rights accruing under or in connection with the performance of this Agreement are
hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the
performance of this Agreement are hereby transferred by Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright,Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery
or invention to DEO for a determination whether the State of Florida will seek patent protection in its
name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced,
Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance
under this Agreement are transferred by the Subrecipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose 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 is so disclosed. Failure to disclose will indicate that no such property exists,and DEO shall have
the right to all patents and copyrights which accrue during performance of this Agreement.
(26) LEGAL AUTHORIZATION
(a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient
certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the
terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned
has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation
is incorporated herein by reference.
(b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge,
there is no pending or threatened action,proceeding,investigation or any other legal or financial condition
that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations.
Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any
manner during the term of this Agreement.
(27) PUBLIC RECORD RESPONSIBILITIES
(a) In addition to Subrecipient's responsibility to directly respond to each request it receives for
records,in conjunction with this Agreement and to provide the applicable public records in response to
such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an
email to PRRcquestr)deo.mytlorida.com within one(1)business day from receipt of the request.
(b) Subrecipient shall keep and maintain public records required by DEO to perform the
Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of
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public records,provide DEO with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S.,
or as otherwise provided by law. Subrecipient shall allow public access to all documents,papers,letters
or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the
records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1),F.S.
For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall
respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such
requests for records that are public records, as public records are defined in Section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise
provided by law.
(c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's
public records laws or to allow public access to any public record made or received by the Subrecipient in
conjunction with this Agreement.
(d) If; for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section
119.0701(1)(a),F.S. ("Subrecipient-contractor"),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 records that are exempt or confidential and exempt from public records
disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion
of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public
records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided
to DEO,upon request from DEO's custodian of public records,in a format that is compatible with the
information technology systems of DEO.
(e) If DEO does not possess a record requested through a public records request,DEO shall notify
Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but
in all cases within fourteen business days. If the Subrecipient-contractor does not comply with 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.
(f) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within
seventy-two(72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed
or improperly used, copied or removed (except 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 otherwise protect the State's rights and the data
subject's privacy.
(g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to
public records and that reports,invoices and other documents Subrecipient submits to DEO under this
Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO
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 should be identified as such
by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from
the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's
waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by law for
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the duration of this Agreement term and following completion of this Agreement if the Subrecipient-
contractor does not transfer the records to DEO upon completion, including termination, of this
Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via email at PRRecIuest@deo.myflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107
East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
(1) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents,
employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless
the State and DEO,and their officers,agents and employees,from suits,actions,damages,and costs of
every name and description,including attorneys'fees,arising from or relating to public record requests or
public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents,
employees,partners,contractors or subcontractors,provided,however,Subrecipient does not indemnify
for that portion of any costs or damages proximately caused by the negligent act or omission of the State
or DEO. DEO,in its sole discretion,has the right,but not the obligation,to enforce this indemnification
provision.
(k) DEO does not endorse any Subrecipient,commodity,or service. Subject to Chapter 119,F.S.,
Subrecipient shall not publicly disseminate any information concerning this Agreement without prior
written approval from DEO,including,but not limited to,mentioning this Agreement in a press release
or other promotional material, identifying DEO or the State as a reference, or otherwise linking
Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any
material published,either in print or electronically,to any other entity that is not a Party to this Agreement,
except potential or actual employees,agents,representatives or subcontractors with the professional skills
necessary to perform the work services required by the Agreement.
(1) Subrecipient shall comply with the requirements set forth in Section 119.0701,F.S.,when entering
into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall
amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective
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) EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Section 448.095,F.S.,requires the following:
1. Every public employer, contractor,and subcontractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees.A public employer,
contractor,or subcontractor may not enter into a contract unless each party to the contract registers
with and uses the E-Verify system.
2. A private employer shall,after making an offer of employment which has been accepted
by a person,verify such person's employment eligibility.A private employer is not required to verify
the employment eligibility of a continuing employee hired before January 1, 2021. However, if a
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person is a contract employee retained by a private employer,the private employer must verify the
employee's employment eligibility upon the renewal or extension of his or her contract.
(b) E-Verify is an Internet-based system that allows an employer, using information reported on
an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify. The
Department of Homeland Security's E-Verify system can be found at:
1 tt sLI 'w.e-verifyl?en•/
(c) If the Recipient does not use E-Verify,the Recipient shall enroll in the E-Verify system prior
to hiring any new employee or retaining any contract employee after the effective date of this Agreement
(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 Register Guidance governing the CDBG-MIT funds) generated by activities carried out
with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly
Progress Report The Subrecipient shall use 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 unless the program income is used to fund additional units of
CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to
administrative closeout.
(30)NATIONAL OBJECTIVES
All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's
National Objectives.The Subrecipient certifies that the activities carried out under this Agreement shall meet
the following national objectives and satisfy the following criteria:
(a) Benefit 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 performing as an independent
contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an
employer/employee relationship,partnership or joint venture between the Parties. Subrecipient shall at
all times remain an independent contractor with respect to the services to be performed under this
Agreement. Nothing in this Agreement shall be construed to create any agency or employment
relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have
any right, power or authority to assume, create or incur any expense, liability or obligation, express or
implied,on behalf of the other.
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(b) Subrecipient,its officers,agents,employees,subcontractors or assignees,in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer,employee,agent,
joint venturer,or partner of the State of Florida.
(c) Subrecipient shall have sole right to control the manner,method and means by which the services
required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay
Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or
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 considered or permitted to be an agent,
employee,servant,joint venturer or partner of the State of Florida.
(e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not
furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical
support)to the Subrecipient or its subcontractor or assignee.
(f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of
funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay,sick leave,
retirement benefits, social security,workers' compensation, health or disability benefits, reemployment
assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees,
subcontractors and other agents,receive benefits and necessary insurance(health,workers'compensation,
reemployment assistance benefits) from an employer other than the State of Florida.
(g) Subrecipient, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of Chapter 443,F.S.
(h) DEO shall not be responsible the provision of any training to Subrecipient,its employees,assigns,
agents,representatives or subcontractors in the professional skills necessary to perform the work services
required by this Agreement;DEO may provide training in the form of an Implementation Workshop in
keeping with implementation
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State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC
OPP ,
By I /..,.� � By
1
•
.S-_igt}aturc
Eagle
Penserga Dane Ea
Ty g g
Tide Mayor Title Secretary
Date ti//L12.0z�. Date 4/27/2022
Federal r
Tax ID# 59-6000282
DUNS# 072247133
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
DocuSfpned by:
By:
llHJt.,,CV1_71,708464...
4/21/2022
Approved Date:
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Attachment A— Scope of Work
1.PROGRAM DESCRIPTION: In April 2018,the U.S.Department of Housing and Urban Development
(HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive
$633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017
through HUD's Community Development Block Grant Mitigation (CDBG-MIT) 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.
The Florida Department of Economic Opportunity(DEO)has apportioned the Federal Award to include the
following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program
$20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration
$63,485,000.
This award has been granted under the Critical Facility Hardening Program. Projects eligible 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. PROJECT DESCRIPTION:The City of Boynton Beach, Florida has been awarded Two Million One
Hundred Thousand Dollars and Zero Cents ($2,100,000.00) in CDBG-MTI' (Community Development
Block Grant- Mitigation) to provide standby power to the East Water Treatment Plant. Major tasks to be
completed include awarding Phase 1 of the Design Build contract, completing design of the new generator
system, purchasing of the equipment, completing construction, testing and finally training & maintenance.
During construction the Engineer and Utilities will have representatives onsite to perform inspections. The
final testing will include certifications by all manufacturers,approving the installation,and testing.This project
will be completed under the Low-to-Moderate Income(LMI)National Objective as 51%of the area of benefit
consists of LMI residents.There are$2,100,000.00 in leveraged funds to be provided by the Boynton Beach
Utilities Capital Improvement Fund for a total project cost of$4,200,000.00
3.SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit to DEO within thirty(30) days of Agreement execution a staffing plan which
must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any
changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for
review and approval. The Staffing plan must include the following:
1. Organizational Chart;and
2. Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors.
B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for
review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will
provide approval in writing prior to the policies and procedures being implemented.
1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327.
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2. Administrative financial management policies, which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
3. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDBG-MIT and DEO policies.
4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the
Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how
and why monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud
Hotline(phone: 1-800-347-3735 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 Award.
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the
CDBG-MIT grant funds when available.
D. Upload required documents into a system of record provided by DEO.
E. Complete and submit an updated Project Detail Budget (Attachment B) for review and
approval by DEO no later than thirty(30) days after Agreement execution. Any changes to
the Project Detail Budget must be submitted in the monthly report submitted to DEO for
review and approval by the DEO Grant Manager.
F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its
representatives upon request
G. Comply with all terms and conditions of the Subrecipient Agreement,Infrastructure Program
Guidelines,Action Plans,Action Plan amendments,and Federal,State,and local laws.
H. Provide copies of all proposed procurement documents to DEO ten(10)days prior to posting
as detailed in Attachment D 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 revised documents for review and approval.
I. Complete procurement of all applicants for internal grants management and compliance and
direct program and product production,including.
1. Selection 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 be responsible for appraisal,
environmental review,title services and legal services.
3. Copies of all contracts that will be executed by Subrecipient Contracts must be provided to DEO
prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must
follow the terms and conditions set forth in this Agreement. Should the submitted contract require
necessary additions and/or changes,DEO's Contract Manager will contact Subrecipient regarding
changes. Subrecipient is required to submit the updated contract within thirty(30) days. Should
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,provided by DEO,receive the required Environmental Clearance from DEO
prior to Subrecipient being able to commit CDBG-MIT funds.
K. Provide the following documentation to DEO within ten (10)calendars after the end of each month:
1. A revised 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.
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L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with
the milestones 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 basis within ten(10)calendar days of the end of each
quarter:
1. Submit updated organization chart on a quarterly basis with quarterly report.
2. If staffing changes,thcrc must be s submittal stating the names,job descriptions,on the monthly
report deadline.
3. A progress report documenting the following information:
a. Accomplishments within the past quarter;
b. Issues or risks that have been faced with resolutions;and
c. Projected activities to be completed within the following quarter.
N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C—Activity
Work Plan. If Subrecipient is unable to meet a deadline 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 by a formal amendment executed in accordance with Section (5) Modification of
Agreement.
O. Close out report will be no later than sixty(60)calendar days after this Agreement ends or is otherwise
terminated.
4. ELIGIBLE TASKS AND DELIVERABLES:
A. Deliverable No.1—Program Implementation
Tasks eligible for reimbursement under this deliverable:
1.Project Management to ensure the proper management and no duplication of benefits.Ensuring project
is tracked properly by budget,personnel and hours. PM will be the liaison between the subrecipient,the
Contractor and the Architect/Engineer(A/E))
2. Ensure compliance with Section 3 to include Pre-Bid Training of potential bidders;Bidding Oversight
and Selection of Section 3 Preference;Pre-Construction Documentation&Training of Contractor;Weekly
Monitoring for new Section 3 Hires;Monthly Section 3 Reporting from Contractors. Section 3 Reporting
to FDEO/HUD)
3.Performance of Fair Housing activities i.e.Fair Housing Month Proclamation and Resolution;letters to
bankers and realtors;postings at Government Center and Library)
4. Reviews of compliance with Davis Bacon Labor Standards: (includes Verification of Certified Weekly
Payrolls;Employee Interviews and Site Inspections;Training Contractor Personnel on Davis Bacon.
5. Construction Oversight (includes oversight of the Engineer/Architect of the project to ensure the
project is on schedule and within budget. Being liaison between subrecipient&A/E if problems arise.
Doing site inspections from time to time.)
6. Construction Inspections (physical inspections to ensure project complies with engineering design and
working drawings.
7. Financial Oversight (Contractors and A/E invoices will be Q/C to ensure they are correct and within
budget before processed on a Request for Reimbursement(RIF).All budget mods will be prepared by the
Project Manager)
8.Data and Document Management(All records will be kept on-site in hard and electronic copy for review
by FDEO/HUD)
9.Create and submit all required Semi-Annual Reports,Quarterly Reports and other required reports.
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10.Conduct activities associated with the required environmental review as required by 24 CFR 50.4,58.5
and 58.6.
B. Deliverable No. 2—Engineering and Design
Subrecipient shall:
1. Hire a Florida licensed Engineer/Architect to design the power back-up project and
prepare working drawings and cost estimates for replacement of backup power system.
2. Submit a full design package,signed and sealed by a physical engineer licensed in Florida,
including, but not limited to, engineering drawings, specifications, construction cost
estimate,surveys,and any other reports,documents,or information relevant to the design
3. Obtain copies of all permit applications, correspondence with permitting agencies,final
permits,and any other permit-related documentation for the project.
C. Deliverable No.3—Construction
Subrecipient shall:
1. Purchase and deliver to site one (1)KD1250-4 or compatible Factory—Diesel Generator set for the
East Water Treatment Plant in Boynton Beach. Remove and properly dispose of existing aging
temporary generator and install and wire new generator.
2. Purchase and deliver to site one(1) Kohl Switchgear in Fidelity Enclosure,or compatible equipment,
with manufacturer startup services, the electrical equipment necessary to synchronize the new
generator to supply standby power in a reliable and safe manner and procure and deliver to site one
complete (1)Enclosed Paralleling Gear and site preparation to receive gear for installation.
3. Install fabricated Walkways&Covers for standby power system.Demolish existing Florida Power&
Light(FPI)Vault and existing steps and dispose of debris in an environmentally responsible manner.
4. Demo Fuel Tank Canopy remove existing and previously decommissioned fuel tank and dispose in
an environmentally responsible manner.
5. Demo the existing concrete slabs in the FPL Transformer vault,the fuel tank area and old generator
area.Remove unused electrical duct bank
6. Clear site, take additional soil boring and soil samples, perform soil restoration and compaction.
Confirm site is ready for new construction.
7. Installation of standby power system, electrical conduits, and wiring. Complete the installation
of paralleling gear
8. Installation of Communication&Control,Start-up and Commissioning of Standby Power System
9. Start up and commissioning of standby power system and all remaining grant deliverable items.
10. Repair and refinish existing exterior wall surface and facia following demolition of existing external
structures.
11. Perform building and piping restoration,painting,concrete repair&and site restoration.
12. Provide site restoration following removal of existing concrete slabs and pavement.
5.DEO RESPONSIBILITIES:
A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance
with the Agreement to the extent required by law or deemed necessary be DEO in its discretion
B. Assign a Grant Manager as a point of contact for Subrecipient
C. Review Subrecipient's invoices described herein and process them on a timely basis
D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at
DEO's sole and absolute discretion,and process payments to Subredpient
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6. DELIVERABLE:
Subrecipient agrees to provide the following services as specified:
Deliverable No 1.Program 1n plementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient may provide project Subrecipient may request Failure to complete the Minimum
implementation activities as identified in reimbursement upon Level of Service measures as
Section 4.A.,which shall be reimbursed completion of a minimum of specified shall result in non-
upon satisfactory completion of an one task on a per completed task payment for this deliverable.
eligible task as detailed,in Deliverables basis associated with a
2-3 of this Scope of Work. completed task as identified in
Deliverables 2- 3 as evidenced
by submittal of the following
documentation:
1)Payroll documentation,
2) Section 3 training
documentation including
training materials and
attendance documents (if
applicable),
to project activities (if applicable),
3) Environmental review activities
(if applicable),
4)Project files(if applicable),
5)Evidence of fair housing
activities (if applicable),
6)Davis Bacon reviews (if
applicable)
7) Permit fees (if applicable),and
8) Invoice package in accordance
with Section 7 of this Scope of
Work.
Deliverable No.1 Cost:$$100,000.00
Deliverable No.2—Engineering and Design
Tasks: Minimum Level of Service: Financial Consequences:
Subrecipient shall complete eligible task Subrecipient may request Failure to complete the Minimum
as detailed in Section 4.B of this Scope reimbursement upon completion Level of Service measures as
of Work. of the task listed in 4.B.of this specified shall result in non-
Scope of Work as evidenced payment for this deliverable.
by submittal of the following
documentation:
1)Copy of the design drawings
and/or working drawings;
2) Copy of all permits(f
applicable);and
2)Invoice package in accordance
with Section 7 of this Scope of
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Work
Deliverable No.2 Cost: $150,000.00
Deliverable No.3—Construction _
Tasks: Minimum Level of Service: Financial Consequences:
Subrecipient shall complete eligible task Subrecipient may request Failure to complete the Minimum
as detailed in Section 4.C.1 of the Scope reimbursement upon completion Level of Service measures as
of Work. of the task listed in 4.C.1 of this specified shall result in non-
Scope of Work as evidenced by payment for this deliverable.
submittal of the following
documentation:
1)Invoice package in accordance
with Section 7 of this Scope of
Work
Deliverable No.3 Task 1 Cost: $450,000.00
Tasks: Minimum Level of Service: Financial Consequences:
Subrecipient shall complete eligible tasks Subrecipient may request Failure to complete the Minimum
as detailed in Section 4.C.2 through reimbursement for each individual Level of Service measures as
4.C.12 of this Scope of Work. site upon completion of the tasks specified shall result in non-
listed in 4.C.2.through 4.C.12 of payment for this deliverable.
this Scope of Work,or upon
completion of construction at the
20%,40%,60%,80%and
closeout milestones.All
reimbursement requests must be
evidenced by submittal of the
following documentation:
1)AIA forms G702,G703 or
their substantive equivalent,
certifying that the project,or a
quantifiable portion of the project
is complete.
2)Photographs of the completed
project,or progress made.
3)Invoice package in accordance
with Section 7 of this Scope of
Work
Deliverable No.3 Tasks 2 through 12 Cost: $1,400,000.00
Total Project Costs Not to Exceed:$2,100,000.00
COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established
based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the Agreement
in order to designate payment points during the Agreement Period; however, this is not intended to restrict
DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables
herein. Prior written approval from DEO's Agreement Manager is required for changes to the above
Deliverable amounts that do not exceed 10%of each deliverable total funding amount Changes that exceed
10% of each deliverable total funding amount will require a formal written amendment request from
Subrecipient,as described in MODIFICATION section of the Agreement Regardless,in no event shall DEO
reimburse costs of more than the total amount of this Agreement.
7. INVOICE SUBMITTAL
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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,Subrecipient and its subcontractors may
only expend funding under this Agreement for allowable costs resulting from obligations incurred during this
Agreement. To be eligible for reimbursement, costs must be in compliance with laws,rules and regulations
applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State
Expenditures
(https://www.mrfloridacfo.com/Division/A A/Manuals/documents/ReferenceGuideforStateJi?penditures.�f).
A. Subrecipient shall provide one invoice for services rendered during the applicable period of time.In
any month no deliverable has been completed,the subrecipient will provide notice that no invoicing
will be submitted.
B. The following documents shall be submitted with the itemized invoice:
1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed
in the invoice package: (1)are specifically for the project represented to the State in the budget
appropriation; (2) are for one or more of the components as stated in Section 5,
DELIVERABLES,of this Attachment A; (3) have been paid;and (4)were incurred during this
Agreement.
2. Subrecipient's invoices shall indude the date,period in which work was performed,amount of
reimbursement,and work completed to date;
3. A certification by a licensed professional using AIA forms G702 and G703,or their substantive
equivalents,certifying that the project,or a quantifiable portion of the project,is complete.
4. Photographs of the project in progress and completed work;
5. A copy of all supporting documentation for vendor payments;
6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds
transfer. The State may require any other information from Subrecipient that the State deems
necessary to verify that the services have been rendered under this Agreement.
C. Subrecipient's invoice and all documentation necessary to support payment requests must be
submitted into DEO's Subrecipient Enterprise Resource Application(SERA).Further instruction on
SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon
execution of the Agreement.
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1
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oc
co'
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Attachment B—Project Budget(Example) m
Subrecipient Contract Modification CD
$
Number: Number. o
Activity/Project National Objective Beneficiaries Budget -4
V
CO
um
Activit Description LMI Sl& Urgent VU LI MI Non- Total OMIT Other Sourc Total -n
Blight' ht Need Funds e* Funds
LMI Amount
1. Housing Program-Homeowner _ N
Service Project (Example Activities)
N
Home Repair k)
b.
rn
Reconstruction CO
0
Replacement of T
Manufactured Homes
Temporary Rental and °'
Mortgage Assistance
Buyout/Acquisition for
Redevelopment
2. Housing Program-Supportive
Housing Initiative PUD Rental
Housing Project (Example
Activities)
4 _
3. Public Facilities Program—
Unified
Service Center (Example
Activities)
4. Infrastructure Program '
(Example Activities)
Armstrong Drainage Project i
Hastings Phase I Sewer
Hastings Phase II Sewer
- - - 1
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co
DEO Agreement No.:I0123 R,
Oyster Creek BasinCD
Improvements
CD
Orange Street Drainage
T
Avenue D Drainage
St. Augustine-Lake Maria m
Sanchez HT
MGP Match `n
Drainage T
St Augustine Blvd& rn
Cypress Rd Drainage _ 9
5. Administration o
6. Planning °'
00
Totals: r.)
-n
m
a)
rn
'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.
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C
cn
DEO Agreement No.:10123 m
Attachment C—Activity Work Plan(Example) m
Cr)
0
Co
Subrecipient Activity: Project Budget
m
Contract Number. Date Prepared: Modification Number:
V
W
m
W
Start End Describe
Date Date Proposed CDBG- Estimated
Activity Description Deliverable Associated MIT un Funds by
(month (month Action Task Funding h h Funding ing g End Date CO
/year) /yam)
V
0
m
N
m
C)
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Attachment D—Program and Special Conditions
1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion
pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a
justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days
of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed
the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided
adequate justification for the delay.
2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and
Activity Work Plan.
3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that will be
reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO
for review:
a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement,
including an affidavit of publication;
b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved
because it violates State,Federal or local procurement guidelines.The Subrecipient shall notify DEO in writing
no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional
services or if it will be using non-CDBG-MIT funds to pay for professional services.
4. Prior to the obligation or disbursement of any funds,except for administrative expenses and not to exceed $5000,
the Subrecipient shall complete the following:
a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services
contract The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO
approves the procurement. If DEO does not approve the procurement of a professional services contract,the
local government will not be able to use CDBG-MIT funds for that contract beyond$5,000.
b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR
§§1500-1508. When the Subredpient has completed the environmental review process,it shall submit a Request
for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16)
when this condition has been fulfilled to the satisfaction of DEO. if DEO has not issued an Authority to use
Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the
Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT
BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT
FUNDS."
5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,as amended(42 U.S.C.§§4601-4655;hereinafter,the"URA"),implementing regulations at 24 CFR part
42,49 CFR part 24 and 24 CFR§570.606(b),the requirements of 24 CFR§42.325—42.350 governing the Residential
Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community
Development Act of 1974(42 U.S.C. § 5304(d)),and the requirements in 24 CFR§570.606(d),governing optional
relocation assistance policies.
6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the
acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to
property owners of his or her rights under the URA,an invitation to accompany the appraiser,all appraisals,offer to
the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights(for donations),
as applicable. The documentation shall be submitted prior to completing the acquisition (closing)so that DEO can
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determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced
persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation,
demolition,or conversion for a CDBG-assisted project.
7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement,
DEO,HUD,and applicable,regulations and guidance laws,specifically including but not limited to:
a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions);
b. Section 3 Participation Report(Construction Prime Contractor);
c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if
applicable);and
d. Section 3 Participation Report(Construction Subcontractor), (if applicable).
8. In addition,each construction contract or agreement for new or replacement housing must contain language that
requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential
Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday,
November 21,2016.
9. For each Request for Funds(RFF)that includes reimbursement of construction costs,the Subrccipient shall provide
a copy of the American Institute of Architects (AM) form G702,Application and Certification for Payment, or a
comparable form approved by DEO, signed by the contractor and inspection engineer,and a copy of form G703,
Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs,the
Subrecipient shall provide a copy of 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 Subredpient issues the Notice to Proceed to the contractor(s), copies of the following
documents shall be sent to DEO:
a. Notice to Proceed;
b. The contractor's performance bond(100 percent of the contract price);and
c. The contractor's payment bond (100 percent of the contract price).
11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to
24 CFR§570.487(6).
12. The Subrecipient shall ensure that a deed restriction is 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 subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be
made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future
disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real
property shall be in accordance with 24 CFR§ 570.489C1).
13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act
of 1966,as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for
Rehabilitation,codified at 36 CFR 67,and Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to section 102(b),Public Law 101-235,42 U.S.C. § 3545,the Subrecipient shall update and submit Form
HUD 2880 to DEO within thirty(30) calendar days of the Subredpient's knowledge of changes in situations which
would require that updates be prepared. The Subrecipient must disclose:
a. All developers,contractors,consultants and engineers involved in the application or in the planning,development
or implementation of the project or CDBG-MIT-funded activity;and
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b. Any person or entity that has a financial interest in the project or activity that exceeds$50,000 or 10 percent of
the grant,whichever is less.
15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for
administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR§ 570.4890. Title 24 CFR§
570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§570.4890,such as those relating to the
acquisition or disposition of real property;CDBG-MIT financial assistance to beneficiaries,businesses or other third
parties; or any other financial interest,whether real or perceived. Additionally, the Subrecipient agrees to comply
with,and this Agreement is subject to,Chapter 112 F.S.
17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement
that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall
be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre-
approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with
CDBG-MIT funds.
18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the
construction progresses,additional photography or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of the activity locations will be provided to DEO with the
administrative closeout package for this Agreement.
19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion
by a licensed professional as meeting the specifications of the design,as may have been amended by change orders.
The date of completion of construction shall be noted as part of the certification. This certification shall be
accomplished prior to submission of an administrative closeout package and a copy of the certification shall be
submitted with the administrative closeout package.
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Attachment E—State and Federal Statutes,Regulations,and Policies
The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal
award under the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2
CFR part 200. This agreement includes terms and conditions of DSO's Federal award that are imposed on the
Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in
this Agreement.
The Subrecipient agrees to,and,by signing this Agreement,certifies that,it will comply with all applicable provisions of
the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified
by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement.These Federal
Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30,
2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9,
2018/Notices, Volume 82, No. 11/Wednesday,January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7,
2017/Notices, and Vol. 83, No. 157/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 DEO's responsibilities for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable
Federal, state and local laws,regulations and policies as now in effect and as may be amended from time to time that
govern the use of the CDBG-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 Agreement to supplement rather than supplant funds
otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State,and local laws,
regulations and policies governing the funds provided under this Agreement,including,but not limited to the following:
1. $tate of Florida Requirement
State of Florida Requirements are stated throughout this Agreement and Attachments thereto.
2. Audits.Inspections and Monitoring
a. Single Audit
The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the
Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set
forth in§200.501 Audit requirements.
b. Ins ections and Monitoring,
The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial
statements as necessary for DEO to meet the requirements of 2 CFR part 200.
The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward
is used for authorized purposes,in compliance with Federal statutes,regulations,and the terms and conditions
of this agreement
This review must include:
(1) Reviewing financial and performance reports required by DEO;
(2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site
reviews,and other means;and
(3) Issuing a management decision for audit findings pertaining to this Federal award provided to the
Subrecipient from DEO as required by 2 CFR§200.521.
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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 detected during audits.DEO may
require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award
provided to the subrecipient from the pass-through entity detected through audits,on-site. DEO may impose
additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and
technical assistance as needed to correct noncompliance.
3. Drug-Free Workplace
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 standards in 2 CFR §200.318 - §200.327 when procuring
property and services under this agreement.The Subrecipient shall impose the Subrecipient's obligations under this
agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its
contractors.
The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically
including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or
disqualified persons.
The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured
contract or agreement,its contractors perform according to the terms and conditions of the procured contracts or
agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit
https://www.sam.gov/SAlv1/
5. Property Standards
Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR
570.200(j).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR
200.314 through 2 CFR 200.316.The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that
when the equipment is sold,the proceeds shall be program income and equipment not needed by the Subrecipient
for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after
compensating DEO.
The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to
the extent they are inconsistent with 24 CFR 570.2000 and 24 CFR 570.489(j), in which case Subrecipient shall
comply with 24 CFR 570.2006)and 24 CFR 570.4890,except to the extent that proceeds from the sale of equipment
are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR
570.489(e)(1)(u).
6. Federal Funding Accountability and Transparency Act(FFATA)
The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management(SAM).The Subrecipient must have an active registration in SAM, haps://www.sam.gov/SAMi/ in
accordance with 2 CFR part 25,appendix A,and must have a Data Universal Numbering System(DUNS) number
haps"/fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding
Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170
Reporting Subaward and Executive Compensation Information.
7. Relocation and Real Property Acquisition
The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970,as amended (URA),42 USC 4601 —4655,49 CFR part 24,24 CFR part 42,and 24 CFR 570.606.
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In addition to other URA requirements,these regulations(49 CFR§24.403(d))implement Section 414 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181,which provides that "Notwithstanding
any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the
URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the
President,to meet the occupancy requirements set by such Act".
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 1974 (Title I) (42 U.S.C.5309).Section 109 provides that no
person in the United States shall,on the ground of race,color,national origin,religion or sex,be excluded from
participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded
in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age
Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of
the Rehabilitation Act of 1973(29 U.S.C.794)(Section 504).Section 109 of the HCDA makes these requirements
applicable to programs or activities funded in whole or in part with CDBG-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 that its activities are consistent with requirements of Architectural Barriers Act and
the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain
Federal and Federally funded buildings and other facilities to he designed,constructed,or altered in accordance
with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility
designed,constructed or altered with funds allocated or reallocated under this part after December 11,1995 and
meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of`building"as defined
in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968(42 U.S.C.4151-
4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for
residential structures,and appendix A to 41 CFR part 101-19,subpart 101-19.6,for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment,public accommodations,
State and local government services and telecommunications.It further provides that discrimination includes a
failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily
accessible to and usable by individuals with disabilities.Further,the ADA requires the removal of architectural
barriers and communication barriers that are structural in nature in existing facilities, where such removal is
readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense.
c. State and Local Nondiscrimination Provisions
The Subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703-288.706,
F.S.);Title VI of the Civil Rights Act of 1964(24 CFR part 1)
(1) General Compliance
The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-
352),as amended.No person in the United States shall,on the grounds of race,color,or national origin,be
excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under
any program or activity funded by this agreement The specific nondiscrimination provisions at 24 CFR 1.4
apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against
any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights
Act of 1964 or 24 CFR part 1,or because he has made a complaint,testified,assisted or participated in any
manner in an investigation,proceeding or hearing under 24 CFR part 1.The identity of complainants shall
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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 investigation,hearing or judicial proceeding arising thereunder.
(2) Assurances and Real Property Covenants
As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the
Subrecipient assures that the program or activities described in this Agreement will be conducted and the
housing,accommodations,facilities,services,financial aid or other benefits to be provided will be operated
and administered in compliance with all requirements imposed by or pursuant to this part 1.
If the Federal financial assistance under this agreement is to provide or is in the form of personal property
or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate
the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the
property is used for a purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits,or for as long as the recipient retains ownership or
possession of the property, whichever is longer. In all other cases, the assurance shall obligate the
Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or
application. This assurance gives DEO and the United States a right to seek judicial enforcement of the
assurance and the requirements on real property.
In the case of real property,structures or improvements thereon,or interests therein,acquired with Federal
financial assistance under this Agreement or acquired with CDBG-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 used for a purpose for which
the Federal financial assistance is extended or for another purpose involving the provision of similar services
or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property
interests under this Agreement,to the extent that rights to space on,over,or under any such property arc
included as part of the program receiving such assistance,the nondiscrimination requirements of this part I
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 carry out pursuant to DEO's specifications an Affirmative Action
Program in compliance with the President's Executive Order 11246 of September 24,1966,as amended,and
implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the release of funds under this agreement.
(2) Women-and Minority-Owned Businesses (W/MBE)
The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that
minority businesses,women's business enterprises,and labor surplus arca 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 Affirmative Action(EEO/AA)Statement
The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the
Subrccipient,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 1974, as amended and ensure that all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in whole or in part with assistance received under
this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act,as amended(40 U.S.C.3141,et seq.)
and 29 CFR.part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property
only if such property contains not less than 8 units.
The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing
regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall
be made available to DEO for review upon request.
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 1937 Act(42 U.S.C. 1437a(b)(2)). Section
3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not
exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for
smaller and larger families,except that the Secretary may establish income ceilings higher and or lower than 80
per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary
because of prevailing levels of construction costs or unusually high or low—income families;or (ii)A very low-
income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C.1437 a(b)(2)). Section 3(b)(2)
of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose
incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary
with adjustments for smaller and larger families,except that the Secretary may establish income ceilings higher
or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations
are necessary because of unusually high or low family incomes.
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 subrecipient of Section 3-covered assistance is
required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other
applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the
following"Section 3 clause"in every"Section 3-covered contract":
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u (Section 3).The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which
implement Section 3.As evidenced by their execution of this contract,the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
•
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notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 Clause and willpost copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice.The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions,the qualifications for each;the name and location of the person(s)taking applications
for each of the positions;and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 75 and its related regulations in
Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C. 1701u.
The contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part
75.
E. The contractor will certify that any vacant employment positions,including training positions,
that are filled after the contractor is selected but before the contract is executed,and (2) with
persons other than those to whom the regulations of 24 CFR part 75 require employment
opportunities to be directed,were not filled to circumvent the contractor's obligations under 24
CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination
of thiscontract for default,and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 USC
450c)also applies to the work to be performed under this contract Section 7(b)requires that to
the greatest extent feasible (i)preference and opportunities for training and employment shall
be given to Indians and(ii)preference in the award of contracts and subcontracts shall be given
to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of Section 3 and section 7(b)agree to comply with Section 3 to the
maximum extent feasible,but not in derogation of compliance with section 7(b).
3. Section 3 Benchmarks and Reporting
A. Benchmarks. Contracts over $200,000 trigger Section 3 Benchmark requirements. When triggered, best
efforts must be made to extend Section 3 opportunities to verified Section 3 workers 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 percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3
workers.
B. Reporting. If the subrecipicnt's reporting indicates that the subrecipient has not met the Section 3
benchmarks described in 24 CFR§ 75.23,pursuant to 24 CFR§75.2.5(b),the subrecipient must report in a
form prescribed by HUD on the qualitative nature of its activities and those its contractors and
subcontractors pursued.
C. Recipient will comply with any Section 3 Project Implementation Plan documents,if any,provided by HUD
or DEO which may be amended from time to time for HUD reporting purposes.
11. Conduct
a. Hatch Act
The Subrecipient shall comply with the Hatch Act,5 USC 1501 —1508,and shall ensure that no funds provided,
nor personnel employed under this agreement,shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V of the U.S.C.
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b. Conflict of Interest
In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the
Subrecipient shall comply with the conflict of interest provisions in DEO's procurement policies and procedures.
In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures,
the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h).
c. Lobbying Certification
The Subrecipient hereby certifies that
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress in connection with the awarding
of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement and the extension,continuation,renewal,amendment or modification of any
Federal contract,grant,loan,or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract,grant,loan,or cooperative agreement,it will complete and submit Standard Form-LLL,'Disclosure
Form to Report Lobbying,"in accordance with its instructions;
(3) The language of paragraph n through (iv) of this certification be included in the award documents for all
subawards at all tiers Including subcontracts, subgrants and contracts under grants,loans and cooperative
agreements)and that all subrecipients shall certify and disdose 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 than$100,000 for each such failure.
d. Religious Activities
The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious
activities prohibited by 24 CFR 570.2000),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
discriminating for or against an organization on the basis of the organization's religious character or affiliation.
Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious
instruction,or proselytization,as part of the programs or services funded with direct financial assistance.
Prohibits an organization that participates in programs funded by direct financial assistance from the Department,
in providing services, from discriminating against a program beneficiary or prospective program beneficiary on
the basis of religion or religious 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 Limiting Activities Prior to Environmental Review
The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not
delegated the requirement under Section 104(g)of the HCD Act for environmental review,decision-making
and action(see 24 CFR part 58) and is not delegated DEO's responsibilities for initiating the review process
under the provisions of 24 CFR Part 52.24 CFR 58.22 imposes limitations on activities pending clearance
and specifically limits commitments of HUD funds or non-HUD funds by any participant in the
development process before completion of the environmental review.A violation of this requirement may
result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to
Use Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall
provide the Subrecipient a written update regarding the status of the review process.
(2) Air and Water
The Subrecipient shall comply with the following requirements insofar as they apply to the performance of
this agreement:
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(a) Air quality. (1)The Clean Air Act(42 U.S.C. 7401 et.seq.) as amended;particularly section 176(c) and
(d) (42 U.S.C.7506(c)and(d));and (2) Determining Conformity of Federal Actions to State or Federal
Implementation Plans (Environmental Protection Agency-40 CFR parts 6,51,and 93);and
(b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the
requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act,as
amended,and all regulations and guidelines issued thereunder.
(c) The Clean Air and Water Act If this Contract is in excess of$100,000,Contractor shall comply with all
applicable standards,orders or regulations issued under the Clean Air Act,as amended,42 U.S.C. 7401,
Section 508 of the Clean Water Act,as amended,33 U.S.C. 1368, et seq.,Executive Order 11738 and
Environmental Protection Agency regulations. Contractor shall report any violation of the above to
DEO.
(d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State of Florida's energy conservation plan issued in compliance
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 by the National Flood Insurance Reform Act of
1994,42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood
Insurance Reform Act of 1994,as amended,(42 U.S.C.5154a),which includes a prohibition on the provision
of flood disaster assistance,including loan assistance,to a person for repair,replacement or restoration for
damage to any personal,residential,or commercial property if that person at any time has received Federal
flood disaster assistance that was conditioned on the person first having obtained flood insurance under
applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as
required under applicable Federal law on such property. Section 582 also includes a responsibility to notify
property owners of their responsibility to notify transferees about mandatory flood purchase requirements.
More information about these requirements is available in the Federal Register notices governing the CDBG-
MIT award and listed at the beginning of this Attachment.
(4) Lead-Based Paint
The Subrecipient shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives
and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.4821-4846),the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at
part 35,subparts A,B,J,K,and R of this title.
(5) Historic Preservation
The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966,as amended,codified in title 54 of the United States Code,and the procedures set
forth in 36 CFR part 800 insofar as they apply to the performance of this agreement
In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal,State,or
local historic property list.
(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 beliefs.
(d) The Pro-Children Act Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C.6083.
Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty
up to $1,000 for each violation and/or the imposition of an administrative compliance order on the
responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public
Law(Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used
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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.
(1) 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 funds 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. 111-117.
(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. 327-333),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 44)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 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous,or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
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 organisations 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.
0) 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 CDBG-MIT funds,each Subrecipient must certify that it will"affirmatively further fair
housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by
implementing the actions listed below.
Each Subrecipient shall do the following:
1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes(race,color,familial
status,handicap,national origin,religion and sex);
2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive
fair housing calls;
3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in
the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a
complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter
on the home page of its website;
4. Establish a system to record the following for each fair housing call:
a) The nature of the call,
b) The actions taken in response to the call,
c) The results of the actions taken and
d) If the caller was referred to another agency,the results obtained by the referral agency;
5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be
conducted in consecutive quarters;and
6. Display a fair housing poster in the CDBG-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 CDBG-MIT project file and include information about the activities in the comment section
of cach 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 CDBG-MIT funds will abide by the Equal Employment
Opportunity(EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Each Subrecipient shall do the following:
1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants
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 FF0 questions or register a complaint.
Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the
home page of its website;and
4. Establish a system to record the following for each EEO call:
a) The nature of the call,
b) The actions taken in response to the call and
c) The results of the actions taken;
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 CDBG:MTT-funded construction activities and shall provide a copy of the list to the prime
contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services
maintains a list of certified minority- and women-owned businesses that can be used to develop a local
MBE/WBE list at the following website: haps://osd.dms,myf orida.com/directories.
6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b)into any contracts or
subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR 60-1.3.
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 physical or mental impairment which substantially limits one or more major life activities,
b) Has a record of such an impairment or
c) Is regarded as having such an impairment;
2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to
receive Section 504/ADA calls;
3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation
in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register
a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the
quarter on the home page of its website;and
4. Establish a system to record the following for each Section 504/ADA call:
a) The nature of the call,
b) The actions taken in response to the call and
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c) The results of the actions taken.
Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability,accessibility,delivery,
employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance.
A Subrecipient of Federal financial assistance may not,on the basis of disability:
I. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs,services
or other benefits,
2. Deny access to programs,services,benefits or opportunities to participate as a result of physical barriers,or
3. Deny employment opportunities, including hiring,promotion, training and fringe benefits, for which they are
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 by the ADA,one must have a disability or have a relationship or association with
an individual with a disability.
Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal
funding.Title II requires that State and local governments give people with disabilities an equal opportunity to benefit
from all of their programs, services and activities (e.g. public education, employment,transportation, recreation,health
care, social services, courts, voting and town meetings). State and local governments are required to follow specific
architectural standards in the new construction and alteration of their buildings. They also must relocate programs or
otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing,
vision or speech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations,privately operated entities
offering certain types of courses and examinations,privately operated transportation and commercial facilities. Public
accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels,
movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos,
funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation
services provided by private entities are also covered by Title III.
Section 3-Economic Opportunities for Low-and Very Low-Income Persons
Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job
openings that exist on CDBG-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 CDBG-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 the quarterly report.
The following Section 3 clause is required to be included in any CDBG-MIT-funded contracts and subcontracts:
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low-income
persons,particularly persons who are Subrecipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3.
As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has
a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can
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see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in
24 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 fording that the subcontractor is in violation of the regulations in 24 CFR part 75.
The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 75.
E. The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after
the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the
contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for
default and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b)of the
Indian Self-Determination and Education Assistance Act(25 U.S.C.§450e)also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible,
but not in derogation of compliance with Section 7(b).
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 VD 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(b)—Unit of general local government's record;
6. 24 CFR§ 570.606(b)—Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively
Furthering Fair Housing;
9. Section 109 of the Housing and Community Development Act of 1974—No person shall be excluded from
participation in,denied benefits of or subjected to discrimination under any program or aLtivity receiving CDBG-
MIT funds because of race,color,religion,sex or national origin;
10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people
with disabilities;
11. Executive Order 11063—Equal Opportunity in Housing;
12. Executive Order 11246—Equal Employment Opportunity;and
13. Section 3 of the Housing and Urban Development Act of 1968,as amended—Employment/Training of Lower
Income Residents and Local Business Contracting.
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I hereby certify that the City of Boynton Beach shall comply with all of the provisions and Federal regulations listed in this
Attachment F.
By: Date: ///,5/1ee
Name: Ty Penserga Me5f1 I/
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Attachment G—Reports
--
The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to
timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement.
1. Monthly Progress Report must be submitted to DEO ten(10)calendar days after the end of each month.
2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th
of every April,July,October and January.
3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
https://www.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted
by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all
contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise
participation. If no activity has taken place during the reporting period,the form must indicate"no activity".
The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by
complying with the closeout procedures in 2 CFR§200.343.Activities during this close-out period may include,but
are not limited to:making final payments,disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and
determining the custodianship of records.
Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer
to the recipient any CDBG-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 CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in
the form of a loan) shall be treated in accordance with 24 CFR 570.503(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 Subrecipient did not meet the audit threshold,an
Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's
fiscal year.
5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to audit�iudeo.myf]orida.com
within sixty(60) calendar days of the end of each fiscal year in which this subgrant was open.
6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with
24 CFR§75.25(a). Subrecipients must report the following: (i)the total number of labor hours worked;(u)the total
number of labor hours worked by Section 3 workers;and (iii) the total number of labor hours worked by Targeted
Section 3 workers.If Section 3 benchmarks are not met,the subrecipient's qualitative efforts must be reported in a
manner required by 24 CFR§75.25(b).
Subrecipients shall provide Section 3 Reporting quarterly to DEO by the 10th of each quarter(January 10,April 10,
July 10, and October 10). For Section 3 Reporting, subrecipients should complete and return the Project
Implementation Plan template to DEO.
7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and
Deliverables,Project Detail Budget and Activity Work Plan.
8. All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement
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Attachment H—Warranties and Representations
Financial Management
The Subrecipient's financial management system must comply with the provisions of 2 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 disclosure of the financial results of this project or program.
2. Records that identify the source and use of funds for all activities. These records shall contain information
pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest.
3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard
all assets and assure that they are used solely for authorized purposes.
4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate,
financial information should be related to performance and unit cost data.
5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR
part 200 (and particularly 2 CFR 200 Subpart E tided "Costs Principles") and the terms and conditions of this
Agreement
6. Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 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 that may restrict or eliminate competition or otherwise restrain trade. In order to ensure
objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from
competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose
proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall clearly
set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the
Subrecipient Any and all bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged
in the award and administration of contracts. No employee,officer or agent shall participate in the selection,award or
administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner,
or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a
tangible personal benefit from a firm considered for a contract. The officers,employees and agents of the Subredpient
shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts.
The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers,
employees or agents of the Subrecipient. (See 2 CFR§200.318(c)(1).)
Business Hours
The Subrecipient shall have its offices open for business,with the entrance door open to the public,and at least one
employee on site at all reasonable times for business. "Reasonable"shall be construed according to circumstances,but
ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday.
Licensing and Permitting
All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Subrecipient
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Attachment I—Audit Requirements
The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by
DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F-Audit Requirements,and section
215.97,F.S.,as revised (see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits
by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement,
the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by
DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees
to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The
Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Chief Financial Officer(CFO)or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or
nonprofit organization as defined in 2 CFR§200.90,§200.64,and§200.70.
1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining
the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards,
including federal resources received from DEO.The determination of amounts of federal awards expended
should be in accordance with the guidelines established in 2 CFR§§200.502-503.An audit of the Subrecipient
conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the
requirements of this Part.
2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR§§200.508-512.
3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient
expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be
paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources
obtained from other than federal entities).
PART II: STATE FUNDED.This part is applicable if the Subrecipient is a non-state entity as defined by Section
215.97(2),F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the
Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section
215.97,F.S.;Rule Chapter 69I-5,F.A.C.,State Financial Assistance;and Chapters 10.550 (local governmental
entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this
form lists the state financial assistance awarded through DEO by this agreement. In determining the state
financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial
assistance, including state financial assistance received from DEO, other state agencies, and other nonstate
entities.State financial assistance does not include federal direct or pass-through awards and resources received
by a nonstate entity for federal program matching requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting
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package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years
ending June 30,2017,and thereafter),an audit conducted in accordance with the provisions of section 215.97,
F.S.,is not required.If the Subrecipient expends less than$750,000 in state financial assistance in its fiscal year
and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the
audit must be paid from the nonstate entity's resources(i.e., the cost of such an audit must be paid from the
Subrecipient's resources obtained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS
(NOTE:This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter
of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or Stale
audit requirements). Pursuant to Section 295.97(8),ES., Stale agencies may conduct or arrange for audits of state financial assistance that
are in addition to audits conducted in accordance with Section 215.97, F.S. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
N/A
PART ICV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit
Requirements, and required by Part I of this form shall be submitted, when required by
2 CFR§200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse(FAC)as
provided in 2 CFR§200.36 and§200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit reporting
package.Updates to the location of the FAC and data entry system may be found at the OMB website.
2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of
the Subrecipient directly to each of the following:
a. DEO at each of the following addresses:
Electronic copies(preferred): or Paper(hard copy):
Audit(cudeo.myt orida.com Department Economic
Opportunity
MSC#75,Caldwell Building
107 East Madison Street
Tallahassee,FL 32399-4126
b. The Auditor General's Office at the following address:
Auditor General
Local Government Audits
342 Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
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The Auditor General's website(https://flauditor.gov/)provides instructions for filing an electronic
copy of a financial reporting package.
a Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf
of the Subrecipient directly to:
Electronic copies(preferred): or Paper(hard copy):
Audit@)deo.mytlorida.com Department Economic
Opportunity
MSC#75,Caldwell Building
107 East Madison Street
Tallahassee,FL.32399-4126
4 Any reports, management letters, or other information required to be submitted DEO pursuant to this
agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor
General,as applicable.
5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR
200,Subpart F-Audit Requirements,or Chapters 10.550 (local governmental entities) and 10.650(nonprofit
and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package
was delivered to the Subrecipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state
fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer,
and shall allow DEO,or its designee,CFO, or Auditor General access to such records upon request.The Subrecipient
shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request
for a period of six (6) years from the date the audit report is issued,unless extended in writing by DEO.In addition,if
any litigation,claim,negotiation,audit,or other action involving the records has been started prior to the expiration of
the controlling period as identified above,the records shall be retained until completion of the action and resolution of
all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer.
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Exhibit 1 to Attachment I—Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S.Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: $2,100,000.00
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
Project Description: Funding is being provided for installation of back-up
power for the Boynton Beach East Water Treatment Plant
to ensure continuous operation during and post-disaster for
This it not a research and development award. the health and safety of the residents.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S.
2. The Subrecipient shall perform its obligations in accordance with 24 CFR§§570.480—570.497.
3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or
exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1)and(3),F.A.C.
5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily
limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's
Notice of Subgrant Award/Fund Availability(NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A
Matching Resources for Federal Programs:N/A
Subject to Section 215.97,Florida Statutes:N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 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 this form within 60 days of the end of each fiscal year in which this subgrant was
open to audit@deo.my&orfda.com.
Subrecipient:
FEIN: Subrecipient's Fiscal
Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Subrecipient expend state financial assistance,during its fiscal year that it received under any
agreement(e.g.,contract,grant,memorandum of agreement,memorandum of understanding,
economic incentive award agreement,etc.) between the Subrecipient and the Department of
Economic Opportunity(DEO)? ❑Yes ❑No
If the above answer is yes,answer the following before proceeding to item 2.
Did the Subrecipient expend$750,000 or more of state financial assistance(from DEO and all other
sources of state financial assistance combined) during its fiscal year? ❑Yes ❑No
If yes,the Subrecipient certifies that it will timely comply with all applicable State single or
project-specific audit requirements of Section 21.5.97,Florida Statutes and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement
(e.g.,contract,grant,memorandum of agreement,memorandum of understanding,economic incentive
award agreement,etc.)between the Subrecipient and DEO? ❑Yes ❑ No
If the above answer is yes,also answer the following before proceeding to execution of this
certification:
Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? ❑Yes ❑No
If yes,the Subrecipient certifies that it will timely comply with all applicable single or
program-specific audit requirements of 2 CFR part 200,subpart F,as revised.
By signing below,I certify,on behalf of the Subrecipient,that the above representations for items
1 and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title 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 by the Federal agency or non-Federal entity,all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the following,as applicable.
(A)Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal remedies in
instances where contractors violate or breach contract terms,and provide for such sanctions and penalties
as appropriate.
(B) All contracts in excess of$10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be affected and the basis for settlement.
(C)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part 60,all contracts
that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246,"Equal Employment Opportunity"(30 FR 12319,12935,3 CFR Part,1964-1965 Comp.,p.339),
as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract
Compliance Programs,Equal Employment Opportunity,Department of Labor."
(D)Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,
all prime construction contracts in excess of$2,000 awarded by non-Federal entities must indudc a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week.The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination.The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency.The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours.Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to
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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§ 4012 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G)Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.1251-
1387),as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision
that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220)must not be made to parties listed on the govemmentwide exclusions in the System for Award
Management (SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp.,p.235),`Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
(J) See 200.323-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.
178 FR 78608,Dec. 26,2013,as amended at 79 FR 75888,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(CDBG-MIT)Subrogation Agreement
This Subrogation and Assignment Agreement("Agreement")is made and entered into by and between the City
of Boynton Beach,Florida(hereinafter referred to as "Subrecipient")and the State of Florida,Department of
Economic Opportunity(hereinafter referred to as"DEO").
In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's
application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community
Development Block Grant-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, subsidized loan, lawsuit or insurance policies of any type or coverage or under any
reimbursement or relief program related to or administered by the Federal Emergency Management Agency
("FEMA") or the Small Business Administration ("SBA") (singularly, a"Disaster Program" and collectively,
the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to
Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a
duplication of benefits ("DOB")as provided in this Agreement.
The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or
the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as
"Proceeds,"and any Proceeds that are a DOB shall be referred to herein as"DOB Proceeds." Upon receiving
any Proceeds,Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such
additional amounts constitute a DOB.If some or all of the Proceeds are determined to be a DOB,the portion
that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The
amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-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 allowing suit to be brought in Subrecipient's name(s)and
providing any additional documentation with respect to such consent,giving depositions,providing documents,
producing record and other evidence, testifying at trial and any other form of assistance and cooperation
reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and
collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster
Program.
If requested by DEO,Subrecipient agrees to execute such further and additional documents and instruments
as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to
Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation
Programs that are DOB Proceeds and/or any rights thereunder,and to take,or cause to be taken,all actions
and to do,or cause to be done,all things requested by DEO to consummate and make effective the purposes
of this Agreement.
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Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies,
or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any
non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its
interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to
release said information to DEO.
If Subrecipient(or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by
superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such
amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount
greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the
calculation of Subrecipient's award.
In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient
shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such
subsequent Proceeds that are DOB Proceeds("Subsequent DOB Proceeds"). Subsequent Proceeds in excess
of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be
disbursed as follows:
1. If the Subrecipient has received full payment of the Grant Proceeds,any Subsequent DOB Proceeds
shall be retained by DEO.
2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds
shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all
Subsequent DOB Proceeds shall be returned to the Subrecipient.
3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall
be used,retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first
be used to reduce the remaining payments of the Grant Proceeds,and Subsequent DOB Proceeds in
such amount shall be returned to the Subrecipient;and(B) any remaining Subsequent DOB Proceeds
shall be retained by DEO.
4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG-
MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the
Subsequent DOB Proceeds shall be returned to the Subrecipient,and this Agreement shall terminate.
Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to
Subrccipient any rights assigned to DEO pursuant to this Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds
received by Subrecipient shall be true and correct as of the date of the signing of this Agreement
Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject
to civil or criminal penalties under 18 U.S.C.287, 1001 and 31 U.S.C.3729.
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The person executing this Agreement on behalf of the Subredpient hereby represents that he\she has received,
read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received
by Subrecipient.
In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement,
including actual attorney's fees.
CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC
OPPPR TN :
By 970/24117-i By
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/ Sign Lure Signature
Ty Penserga a Dane Eagle
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Title Mayor Title Secretary
Date 1' dog-, Date 4/27/2022
A p",t)?t/02
GTY ATTORNEY
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R_RR-Os$
DocuSign Envelope ID:F71C73E3-F4F1-4620-8204-4678DF2FE196
DEO Agreement No.:I0123
State of Florida
Department of Economic Opportunity
Federally Funded
Community Development Block Grant
Mitigation Program (CDBG-MIT)
Subrecipient Agreement
THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic
Opportunity, (hereinafter referred to as "DEO") and the City of Boynton Beach,Florida hereinafter referred
to as the"Subrecipient"(each individually a"Party"and collectively"the Parties").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS,pursuant to Public Law(P.L.) P.L.115-123 Bipartisan Budget Act of 2018 and Additional
Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20
Supplemental Appropriations for Disaster Relief Requirements Act,2019(approved June 6,2019),Division B,
Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the"Continuing Appropriations Act,2018";
and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers,
and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838
(August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for
Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 (January
6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of
Housing and Urban Development(hereinafter referred to as"HUD")has awarded Community Development
Block Grant—Mitigation(CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the
Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seq.)
and applicable implementing regulations at 24 C.F.R.part 570 and consistent with the Appropriations Act.
WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement
constitute a subaward of the DEO Federal award,the use of which must be in accordance with requirements
imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award.
WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this
Agreement,the Subrecipient represents and warrants to DEO that it will comply with all the requirements of
the subaward described herein.
WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will: (1)meet the definition of
mitigation activities. For the purpose of this funding,mitigation activities are defined as those activities that
increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,damage to and
loss of property,and suffering and hardship,by lessening the impact of future disasters;(2)address the current
and future risks as identified in 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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DEO Agreement No.:I0123
NOW THEREFORE,DEO and the Subrecipient agree to the following:
(1) SCOPE OF WORK
The Scope of Work for this Agreement includes Attachment A,Project Description and Deliverables.
With respect to Attachment B,Project Budget,and Attachment C,Activity Work Plan,the Subrecipient shall
submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and
appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and
contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and
absolute discretion.
(2) INCORPORATION OF LAWS,RULES,REGULATIONS AND POLICIES
Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience
managing projects with funds made available through federal grants.Subrecipient is familiar with DEO's grant
agreement with HUD,has reviewed applicable 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, including but not limited to, the Federal laws and regulations as now in effect and as may be
amended from time to time, set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's
Action Plan,and all applicable CDBG-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 75,29 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 the date DEO executes this Agreement(the"Effective Date")and ends
forty-eight(48)months after execution by DEO,unless otherwise terminated as set forth herein.
(4) RENEWAL AND EXTENSION
This Agreement shall not be renewed.DEO shall not grant any extension of this Agreement unless the
Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the
Division of Community Development approves such extension in writing
(5) MODIFICATION OF AGREEMENT
Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any
modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement.DEO
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 subject to 2 CFR part 200 —
Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as
now in effect and as may be amended from time to time.
(b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General
of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability,
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DEO Agreement No.:I0123
and representatives of the Federal government and their duly authorized representatives shall have access
to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as
they may relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
(c) The Subrecipient shall maintain books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of
funds provided by DEO under this Agreement.
(d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance
audits in accordance with Paragraph(7),Audit Requirements and Attachments I and J herein and ensure
that all related party transactions are disclosed to the auditor.
(e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this
Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from
funds under this Agreement for a period of six(6)years from the date DEO issues the final closeout for
this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR
570.502(a)(7)(u). The Subrecipient shall further ensure that audit working papers are available upon
request for a period of six(6)years from the date DEO issues the final closeout of this Agreement,unless
extended in writing by DEO. The six-year period may be extended for the following reasons:
1. litigation, claim or audit initiated before the six-year period expires or extends beyond the
six-year period,in which case the records shall be retained until all litigation,claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at$1,000 or more
at the time of acquisition shall be retained for six(6)years after final disposition.
3. Records relating to real property acquired shall be retained for six(6)years after the closing
on the transfer of title.
(f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient
and for all contractors,subcontractors and consultants paid from funds provided under this Agreement,
inducting documentation of all program costs in a form sufficient to determine compliance with the
requirements and objectives of the scope of work and all other applicable laws and regulations.
(g) The Subrecipient shall either(i) maintain all funds provided under this Agreement in a separate
bank account or(ii)ensure that the Subrecipient's accounting system shall have sufficient internal controls
to separately track the expenditure of all funds from this Agreement.Provided further,that the only option
available for advanced funds is to maintain such advanced funds in a separate bank account. There shall
be no commingling of funds provided under this Agreement with any other funds,projects or programs.
DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement
for such costs as described herein,Subparagraph(22)(e),Repayments.
(h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the
Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the Federal government or their duly authorized representatives.
"Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
(7) AUDIT REQUIREMENTS
(a) The Subrecipient shall conduct a single or program-specific audit in accordance with the
provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in
Federal awards from all sources during its fiscal year.
(b) Within sixty(60) calendar days of the dose of Subrecipient's fiscal year,on an annual basis,the
Subrecipient shall electronically submit a completed Audit Compliance Certification to
audit( deo.myflorida.com, and DEO's grant manager, a blank version of which is attached hereto as
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DEO Agreement No.:I0123
Attachment J. The Subrecipient's timely submittal of one completed Audit Compliance Certification for
each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.)between DEO and the Subrecipient.
(c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the
Subrecipient shall send an electronic copy of its audit report to 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) REPORTS
Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The
monthly reports and administrative closeout reports must include the current status and progress of
Subrecipient and all subcontractors in completing the work described in Attachment A,Scope of Work, and
the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO,Subrecipient
shall provide additional program updates or information.Without limiting any other remedy available 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) INSPECTIONS AND MONITORING
(a)Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and
will immediately provide access to records and financial statements as deemed necessary by DEO,HUD,
and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR
570.489.
(b)Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by
DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes,
regulations,and this Agreement.
(c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring
procedures will include at a minimum:(1)reviewing financial and performance reports required by DEO;
(2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site
reviews and other means; and (3) issuing a management decision for audit findings pertaining to this
Federal award provided to Subrecipient from DEO as required by 2 CFR§200.521.
(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 noncompliance. DEO
may also take other action as stated in Paragraph(13)Remedies or otherwise allowable by law.
(10)DUPLICATION OF BENEFITS
Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a
prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1974(42 U.S.C.5155 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 the activities under this
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DEO Agreement No.:I0123
Agreement in compliance with DEO's procedures to prevent duplication of benefits. Subrecipient shall sign a
Subrogation Agreement(See Attachment M).
(11) LIABILITY
(a) If Subrecipient is a state agency or subdivision,as defined in Section 768.28(2),F.S.,pursuant to
Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party
for the other Party's negligence.
(b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with
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 fully responsible for its negligent or tortious acts or omissions,which
result in claims or suits against DEO.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
discretion,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 Subrecipient, in this Agreement or any previous
agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or
perform any of the obligations, terms,or covenants in this Agreement or any previous agreement with
DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its
obligations under this Agreement and/or as required by statute,rule,or regulation;
(b) Any material adverse change occurs in the financial condition of Subrecipient at any time during
the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)calendar
days from the date written notice is sent by DEO;
(c) If Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete,or insufficient information or fails to submit additional information as requested by DEO;
(d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement,
including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO
elects to make payments or partial payments after any Events of Default,it does so without waiving the
right to exercise any remedies allowable herein or at law and without becoming liable to make any further
payment.
(e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement
if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and
the delay is due directly to acts of God,wars,acts of public enemies,strikes,fires,floods,or other similar
cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers
if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the
Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's
performance obligation under this Agreement.If the delay is excusable under this paragraph,the delay will
not result in any additional charge or cost under the Agreement to either Party. In the case of any delay
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DEO Agreement No.:I0123
the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of
the delay or potential delay and describe the cause of the delay either. (1) within ten (10) calendar days
after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that
a delay could occur as a result or(2)within five(5)calendar days after the date Subrecipient first had reason
to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING
SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will
notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time,shall
be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or
payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency arising because of delay,
disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed,
in whole or in part,due to any of the causes described in this paragraph,after the causes have ceased to
exist,Subrecipient shall perform at no increased cost,unless DEO determines,in its sole discretion,that
the delay will significantly impair the value of the Agreement to DEO or the State,in which case,DEO
may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient,
provided that Subrecipient grants preferential treatment to DEO with respect to products or
services subjected to allocation;(2)purchase from other sources(without recourse to and by Subrecipient
for the related costs and expenses)to replace all or part of the products or services that are the subject of
the delay,which purchases may be deducted from the Agreement quantity or(3)terminate the Agreement
in whole or in part.
(13) REMEDIES
If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or
remedy available,provide thirty(30)calendar days written notice to the Subrecipient and if the Subrecipient
fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following
remedies,either concurrently or consecutively:
(a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph(17)
Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs
under this Agreement or any applicable law,rule or regulation governing the use of the funds;and
(e) Exercise any corrective or remedial actions,including but not limited to:
1. Request additional information from the Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. Issue a written warning to advise that more serious measures may be taken if the situation is
not corrected;and/or
3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question.
(f) Exercise any other rights or remedies which may be otherwise available under law.
Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or
failure by DEO to require strict performance does not affect,extend or waive any other right or remedy
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DEO Agreement No.:I0123
available or affect the later exercise of the same right or remedy by DEO for any other default by the
Subrecipient.
(14) DISPUTE RESOLUTION
DEO shall decide disputes concerning the performance of the Agreement, and document dispute
decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the
Subrecipient files a petition for administrative hearing with DEO within twenty-one(21)days from the date of
receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,F.S.,is an absolute
condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however,
that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter
120,F.S.
(15) CITIZEN COMPLAINTS
The goal of DEO is to provide an opportunity to resolve complaints in a timely manner,usually within
fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable,and to provide
the right to participate in the process and appeal a decision when there is reason for an applicant to believe its
application was not handled according to program policies.All applications,guidelines and websites will include
details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal.
Applicants are allowed to appeal program decisions related to one of the following activities:
(a) A program eligibility determination,
(b) A program assistance award calculation,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-DRAdeo.myflorida.com or submit by postal mail to the following 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 Subrecipient's determination,then the complainant may file a written
appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals
process, the complainant has not been satisfied with the response, a formal complaint may then be
addressed directly to DEO at:
Department of Economic Opportunity
Caldwell Building,MSC-400
107 E Madison Street
Tallahassee,FL 32399
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DEO Agreement No.:I0123
The Florida 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 file
a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or
www.hud.gov/fairhousing.
(16) TERMINATION
(a) DEO may immediately suspend or terminate this Agreement for cause by providing written
notice, from the date notice is sent by DEO. Cause indudes,but is not limited to:an Event of Default
as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this
Agreement fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders,
HUD guidelines,policies,directives or laws; failure, for any reason, to timely and/or properly perform
any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or
incomplete in any material respect and refusal to permit public access to any document,paper,letter or
other material subject to disclosure under law, including Chapter 119, F.S., as amended. The
aforementioned reasons for termination are listed in the immediately preceding sentence for illustration
purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate
this Agreement. In the event of suspension or termination,Subredpient shall not be entitled to recover
any cancellation charges or unreimbursed costs.
(b)DEO may unilaterally terminate this Agreement,in whole or in part,for convenience by providing
Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the
reasons for such termination,the effective date and,in the case of partial termination,the portion to be
terminated. However,if in the case of partial termination,DEO determines that the remaining portion
of the award will not accomplish the purpose for which the award was made,DEO may terminate the
portion of the award which will not accomplish the purpose for which the award was made.Subredpient
shall continue to perform any work not terminated. In the event of termination for convenience,
Subredpient shall not be entitled to recover any cancellation charges or unreimbursed costs for the
terminated portion of work.
(c)The Parties may terminate this Agreement for their mutual convenience in writing,in the manner
agreed upon by the Parties,which must indude the effective date of the termination.
(d)In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under
the terminated portion of the Agreement after the date Subrecipient has received the notification of
termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow
all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent
authorized by law,withhold payments to Subrecipient for the purpose of set-off until the exact amount
of damages due to DEO from Subredpient is determined.
(e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable
attributable to the use of CDBG-MIT funds.
(f) Any real property under Subrecipient's control that was acquired or improved in whole or in part
with CDBG-MIT funds(including CDBG-MIT funds provided to the subrecipient in the form of a loan)
in excess of$25,000 must either:
1. Be used to meet a national objective until five years after expiration or termination of this
Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or
2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to
the current market value of the property less any portion of the value attributable to expenditures of
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non-CDBG-MIT funds for the acquisition or improvement of the property for five years after
expiration or termination of this Agreement.
(g) The rights and remedies under this clause are in addition to any other rights or remedies provided
by law or under this Agreement.
(17) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of
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:
Stephan Cooley
107 E.Madison St
Tallahassee,FL 32399
Phone: 850-921-3292
Email:Stephan.Cooley(a�deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is:
Joel Lacroze
Associate Engineer
124 E.Woolbright Rd.,Boynton Beach,Florida
33435
Phone:561-742-6492
Email:jacrozeJnubbfl.us
(d) If different representatives or addresses are designated by either Party after execution of this
Agreement,notice of the name,title and address of the new representative will be provided as provided
for in this Agreement.Such change shall not require a formal amendment of the Agreement.
(18) CONTRACTS
If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed
contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be
forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient shall
report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority
vendor,as defined in Section 288.703,F.S. The Subrecipient shall comply with the procurement standards in
2 CFR§200.318-§200.327and§200.330 when procuring property and services under this Agreement(refer to
Attachments D&E).
The Subrecipient shall include the following terms and conditions in any contract pertaining to the work
required under this Agreement:
(a)the period of performance or date of completion;
(b)the performance requirements;
(c) that the contractor is bound by the terms of this Agreement;
(d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations;
(e) that the contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature
arising out of the contractor's performance of work under this Agreement;
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(f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in
performing its work under this Agreement;
(g) the requirements of 2 CFR Appendix II to Part 200— Contract Provision for Non-Federal Entity
Contract Under Federal Awards—(refer to Attachment L)
Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR
570.489(1)), pursuant to which CDBG funds must not be provided to exduded or disqualified persons and
provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages.
Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its
contractors perform according to the terms and conditions of the procured contracts or agreements and the
terms and conditions of this Agreement.
(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 by DEO may be effective unless made is writing by an authorized DEO
official.
(20) ATTACHMENTS
(a) If any inconsistencies or conflict between the language of this Agreement and the attachments
arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency.
(b) This Agreement contains the following attachments:
Attachment A—Project Description and Deliverables
Attachment B—Project 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—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources
Attachment J—Audit Compliance Certification
Attachment K — SERA Access Authorization Form (form provided after execution of this
agreement)
Attachment L-2 CFR Appendix II to Part 200
Attachment M—Subrogation Agreement
(21) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed Two Million One Hundred Thousand
Dollars and Zero Cents ($2,100,000.00) subject to the availability of funds. The State of Florida and
DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations
by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida
Constitution.
DEO willprovide funds to Subrecipient a Notice of Sub ant Award Fund Availability
by issuing gr �
("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
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NFA. By accepting funds made available through an NFA,Subrecipient agrees to comply with all terms,
conditions,assurances,restrictions or other instructions listed in the NFA.
(c) By execution of this Agreement, Subrecipient certifies that necessary written administrative
procedures,processes and fiscal controls are in place for the operation of its CDBG-MIT program for
which Subredpient receives funding from DEO.These written administrative procedures,processes and
fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance
and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of
Attachment D,Program and Special Conditions.
(d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with
the Scope of Work.
(e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory
for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of
each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be
provided after the execution of this Agreement.
(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 available to fund this Agreement as a result of action by the United
States Congress,the Federal Office of Management and Budget,the Florida Legislature,the State Chief
Financial Officer or under Subparagraph(23),Mandated Conditions of this Agreement,all obligations on
the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit
its administrative closeout report and subgrant agreement doseout package as directed by DEO within
thirty(30)calendar days from receipt of notice from DEO.
(h) Subrecipient is ultimately responsible for the administration of this Agreement, including
monitoring and oversight of any person or entity retained or hired by Subrecipient.
(i) All expenditures under this Agreement shall be made in accordance with this Agreement and any
applicable state or federal statutes,rules,or regulations.
0) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the
"Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional
Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term
recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.5121 et seq.,(the"Stafford Act").
(k) CDBG-DR funds, appropriated and identified by Public Law, are governed by one or more
Federal Register notices that contain requirements,applicable waivers,and alternative requirements that
apply to the use of these funds.
(22) REPAYMENTS
(a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors,
subcontractors,and consultants only expend funding under this Agreement for allowable costs resulting
from obligations incurred during the Agreement period.
(b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated
funds which have been advanced or paid.
(c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the
Subrecipient or its contractors,subcontractors or consultants are entitled under the terms and conditions
of this Agreement.
(d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet
one of the three National Objectives listed in 24 CFR§ 570.483(b), (c) and (d);provided,however,the
Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion,
determines Subrecipient is at fault for the ineligibility of the activity in question.
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(e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this
Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within
thirty(30)calendar days from Subrecipient's receipt of notification of such non-compliance.
(f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for
collection,the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount
of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under
this Agreement are to be made payable to the order of"Department of Economic Opportunity" and
mailed directly to DEO at the following address:
Department of Economic Opportunity
Community Development Block Grant Programs Cashier
107 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 this Agreement,in any later
submission or response to a DEO request or in any submission or response to fulfill the requirements of
this Agreement. All of said information, representations and materials are incorporated herein by
reference.
(b) This Agreement shall be construed under the laws of the State of Florida and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly
waive any right to jury trial.
(c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then that provision shall be null and void only to the extent of the conflict or
unenforceability,and that provision shall be severable from and shall not invalidate any other provision
of this Agreement.
(d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall
survive the term of this Agreement.
(e) This Agreement may be executed in any number of counterparts,any one of which may be taken
as an original.
(f) Subrecipient shall comply with all applicable local,state and federal laws,including the Americans
With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida
Statutes;Title VII of the Civil Rights Act of 1964,as amended; (P.L. 101-336,42 U.S.C. § 12101 et seq.)
and laws which prohibit discrimination by public and private entities on in employment, public
accommodations,transportation,state and local government services and telecommunications.
(g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S.,
who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not
submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public
building or public work;may not submit bids,proposals or replies on leases of real property to a public
entity;may not be awarded or perform work as a contractor,supplier,subcontractor or consultant under
a contract with any public entity;and may not transact business with any public entity in excess of thirty-
five thousand dollars ($35,000) for a period of thirty-six(36) months following the date of being placed
on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that
neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose
if it or any of its affiliates is placed on the convicted vendor list.
(h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who
has been placed on the discriminatory vendor list may not submit a bid,proposal or reply on a contract
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DEO Agreement No.:I0123
to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract
with a public entity for the construction or repair of a public building or public work; may not submit
bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform
work as a contractor,supplier, subcontractor or consultant under a contract with any public entity; and
may not transact business with any public entity. By executing this Agreement,the Subrecipient represents
and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The
Subrecipient shall disdose if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
G) In the event travel is pre-approved by DEO,any bills for travel expenses shall be submitted and
reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR §
200.474.
(k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any
interest income shall either be returned to DEO or be applied against DEO's obligation to pay the
Agreement award amount.
(1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law(Section
286.011, 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 available to the public in accordance with Chapter 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, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or
adopting within ninety(90)days of execution of this Agreement,and enforcing,the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
(n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any
CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable
attributable to the use of CDBG-MIT funds.
(24) LOBBYING PROHIBITION
(a) No funds or other resources received from DEO under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
(b) The Subrecipient certifies,by its signature to this Agreement,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient,to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any general loan,the entering into of any cooperative agreement, and the extension,
continuation,renewal,amendment or modification of any federal contract,grant,loan or cooperative
agreement;
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress or an employee of a Member of Congress in connection
with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;and
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3. Subrecipient shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and
cooperative agreements) and that all subredpients shall certify and disclose as described in this
Agreement. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(25) COPYRIGHT,PATENT AND TRADEMARK
Any and all patent rights accruing under or in connection with the performance of this Agreement are
hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the
performance of this Agreement are hereby transferred by Subrecipient to the State of Florida.
(a) If the Subrecipient has a pre-existing patent or copyright,Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery
or invention to DEO for a determination whether the State of Florida will seek patent protection in its
name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced,
Subredpient shall notify DEO. Any copyrights accruing under or in connection with the performance
under this Agreement are transferred by the Subrecipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose 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 is so disclosed. Failure to disclose will indicate that no such property exists,and DEO shall have
the right to all patents and copyrights which accrue during performance of this Agreement.
(26) LEGAL AUTHORIZATION
(a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient
certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the
terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned
has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation
is incorporated herein by reference.
(b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge,
there is no pending or threatened action,proceeding,investigation or any other legal or financial condition
that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations.
Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any
manner during the term of this Agreement.
(27) PUBLIC RECORD RESPONSIBILITIES
(a) In addition to Subrecipient's responsibility to directly respond to each request it receives for
records,in conjunction with this Agreement and to provide the applicable public records in response to
such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an
email to PRRequesta,deo.myfiorida.com within one(1)business day from receipt of the request.
(b) Subrecipient shall keep and maintain public records required by DEO to perform the
Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of
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public records,provide DEO with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,F.S.,
or as otherwise provided by law. Subrecipient shall allow public access to all documents,papers,letters
or other materials made or received by the Subrecipient in conjunction with this Agreement,unless the
records are exempt from Article I,Section 24(a) of the Florida Constitution and Section 119.07(1),F.S.
For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall
respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such
requests for records that are public records, as public records are defined in Section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise
provided by law.
(c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's
public records laws or to allow public access to any public record made or received by the Subrecipient in
conjunction with this Agreement.
(d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section
119.0701(1)(a),F.S. ("Subrecipient-contractor"),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 records that are exempt or confidential and exempt from public records
disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion
of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public
records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided
to DEO,upon request from DEO's custodian of public records,in a format that is compatible with the
information technology systems of DEO.
(e) If DEO does not possess a record requested through a public records request,DEO shall notify
Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must
provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but
in all cases within fourteen business days. If the Subrecipient-contractor does not comply with 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.
(f) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within
seventy-two(72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed
or improperly used,copied or removed(except 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 otherwise protect the State's rights and the data
subject's privacy.
(g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to
public records and that reports,invoices and other documents Subrecipient submits to DEO under this
Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO
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 should be identified as such
by Subredpient prior to submittal to DEO. Failure to identify the legal basis for each exemption from
the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's
waiver of a daim of exemption. Subrecipient shall ensure public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by law for
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the duration of this Agreement term and following completion of this Agreement if the Subrecipient-
contractor does not transfer the records to DEO upon completion, including termination, of this
Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via email at PRRequestadeo.myflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107
East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
(j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents,
employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless
the State and DEO, and their officers, agents and employees, from suits, actions,damages, and costs of
every name and description,including attorneys'fees,arising from or relating to public record requests or
public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents,
employees,partners,contractors or subcontractors,provided,however,Subrecipient does not indemnify
for that portion of any costs or damages proximately caused by the negligent act or omission of the State
or DEO. DEO,in its sole discretion,has the right,but not the obligation,to enforce this indemnification
provision.
(k) DEO does not endorse any Subrecipient,commodity, or service. Subject to Chapter 119, F.S.,
Subrecipient shall not publicly disseminate any information concerning this Agreement without prior
written approval from DEO,including,but not limited to, mentioning this Agreement in a press release
or other promotional material, identifying DEO or the State as a reference, or otherwise linking
Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any
material published,either in print or electronically,to any other entity that is not a Party to this Agreement,
except potential or actual employees,agents,representatives or subcontractors with the professional skills
necessary to perform the work services required by the Agreement.
(1) Subrecipient shall comply with the requirements set forth in Section 119.0701,F.S.,when entering
into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall
amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective
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) EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Section 448.095,F.S.,requires the following
1. Every public employer, contractor, and subcontractor shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees.A public employer,
contractor,or subcontractor may not enter into a contract unless each party to the contract registers
with and uses the E-Verify system.
2. A private employer shall,after making an offer of employment which has been accepted
by a person,verify such person's employment eligibility.A private employer is not required to verify
the employment eligibility of a continuing employee hired before January 1, 2021. However, if a
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person is a contract employee retained by a private employer, the private employer must verify the
employee's employment eligibility upon the renewal or extension of his or her contract.
(b) E-Verify is an Internet-based system that allows an employer,using information reported on
an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify. The
Department of Homeland Security's E-Verify system can be found at:
https://www.e-verify.gov/
(c) If the Recipient does not use E-Verify,the Recipient shall enroll in the E-Verify system prior
to hiring any new employee or retaining any contract employee after the effective date of this Agreement.
(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 Register Guidance governing the CDBG-MIT funds) generated by activities carried out
with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly
Progress Report The Subrecipient shall use 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 doseout shall be returned to DEO. Program income generated
prior to doseout shall be returned to DEO unless the program income is used to fund additional units of
CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to
administrative closeout
(30)NATIONAL OBJECTIVES
All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's
National Objectives.The Subrecipient certifies that the activities carried out under this Agreement shall meet
the following national objectives and satisfy the following criteria:
(a) Benefit 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 performing as an independent
contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an
employer/employee relationship,partnership or joint venture between the Parties. Subrecipient shall at
all times remain an independent contractor with respect to the services to be performed under this
Agreement. Nothing in this Agreement shall be construed to create any agency or employment
relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have
any right, power or authority to assume, create or incur any expense, liability or obligation, express or
implied,on behalf of the other.
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(b) Subrecipient,its officers,agents,employees,subcontractors or assignees,in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer,employee, agent,
joint venturer,or partner of the State of Florida.
(c) Subrecipient shall have sole right to control the manner,method and means by which the services
required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay
Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or
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 considered or permitted to be an agent,
employee,servant,joint venturer or partner of the State of Florida.
(e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not
furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical
support)to the Subrecipient or its subcontractor or assignee.
(f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of
funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay,sick leave,
retirement benefits, social security, workers' compensation, health or disability benefits, reemployment
assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees,
subcontractors and other agents,receive benefits and necessary insurance(health,workers'compensation,
reemployment assistance benefits) from an employer other than the State of Florida.
(g) Subrecipient, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of Chapter 443,F.S.
(h) DEO shall not be responsible the provision of any training to Subrecipient,its employees,assigns,
agents,representatives or subcontractors in the professional skills necessary to perform the work services
required by this Agreement;DEO may provide training in the form of an Implementation Workshop in
keeping with implementation
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DEO Agreement No.:I0123
State of Florida
Department of Economic Opportunity
Federally Funded Subrecipient Agreement
Signature Page
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY
C
By G, 1i!/�! By
I .i, re Signature
Ty Penserga Dane Eagle
Title Mayor Title Secretary
Date 104/24.27-.1...
z'+� Date
Federal !!!
Tax ID# 59-6000282
DUNS# 072247133
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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Attachment A— Scope of Work
1. PROGRAM DESCRIPTION: In April 2018,the U.S.Department of Housing and Urban Development
(HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive
$633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017
through HUD's Community Development Block Grant Mitigation (CDBG-MIT) 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.
The Florida Department of Economic Opportunity(DEO)has apportioned the Federal Award to include the
following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program
$20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration
$63,485,000.
This award has been granted under the Critical Facility Hardening Program. Projects eligible 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. PROJECT DESCRIPTION:The City of Boynton Beach,Florida has been awarded Two Million One
Hundred Thousand Dollars and Zero Cents ($2,100,000.00) in CDBG-MIT (Community Development
Block Grant- Mitigation) to provide standby power to the East Water Treatment Plant. Major tasks to be
completed include awarding Phase 1 of the Design Build contract, completing design of the new generator
system, purchasing of the equipment, completing construction, testing and finally training & maintenance.
During construction the Engineer and Utilities will have representatives onsite to perform inspections. The
final testing will include certifications by all manufacturers,approving the installation,and testing.This project
will be completed under the Low-to-Moderate Income(LMI)National Objective as 51%of the area of benefit
consists of LMI residents.There are $2,100,000.00 in leveraged funds to be provided by the Boynton Beach
Utilities Capital Improvement Fund for a total project cost of$4,200,000.00
3.SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit to DEO within thirty(30) days of Agreement execution a staffing plan which
must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any
changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for
review and approval. The Staffing plan must include the following.
1. Organizational Chart;and
2. Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors.
B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for
review and approval within thirty(30) days of Agreement execution. The DEO Grant Manager will
provide approval in writing prior to the policies and procedures being implemented.
1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327.
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2. Administrative financial management policies, which must comply with all applicable HUD
CDBG-MIT and State of Florida rules.
3. Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDBG-MIT and DEO policies.
4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the
Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how
and why monitoring is conducted, the frequency of monitoring policy, and which items will be
monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud
Hotline(phone: 1-800-347-3735 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 Award.
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the
CDBG-MIT grant funds when available.
D. Upload required documents into a system of record provided by DEO.
E. Complete and submit an updated Project Detail Budget (Attachment B) for review and
approval by DEO no later than thirty(30) days after Agreement execution. Any changes to
the Project Detail Budget must be submitted in the monthly report submitted to DEO for
review and approval by the DEO Grant Manager.
F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its
representatives upon request.
G. Comply with all terms and conditions of the Subrecipient Agreement,Infrastructure Program
Guidelines,Action Plans,Action Plan amendments,and Federal,State,and local laws.
H. Provide copies of all proposed procurement documents to DEO ten(10)days prior to posting
as detailed in Attachment D 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 revised documents for review and approval.
I. Complete procurement of all applicants for internal grants management and compliance and
direct program and product production,including:
1. Selection 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 be responsible for appraisal,
environmental review,title services and legal services.
3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEO
prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must
follow the terms and conditions set forth in this Agreement. Should the submitted contract require
necessary additions and/or changes,DEO's Contract Manager will contact Subrecipient regarding
changes. Subrecipient is required to submit the updated contract within thirty(30) days. Should
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,provided by DEO,receive the required Environmental Clearance from DEO
prior to Subrecipient being able to commit CDBG-MIT funds.
K Provide the following documentation to DEO within ten(10)calendars after the end of each month:
1. A revised 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.
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L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with
the milestones 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 basis within ten(10)calendar days of the end of each
quarter:
1. Submit updated organization chart on a quarterly basis with quarterly report.
2. If staffing changes,there must be s submittal stating the names,job descriptions,on the monthly
report deadline.
3. A progress report documenting the following information:
a. Accomplishments within the past quarter,
b. Issues or risks that have been faced with resolutions;and
c. Projected activities to be completed within the following quarter.
N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C—Activity
Work Plan. If Subrecipient is unable to meet a deadline 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 by a formal amendment executed in accordance with Section (5) Modification of
Agreement.
O. Close out report will be no later than sixty(60)calendar days after this Agreement ends or is otherwise
terminated.
4. ELIGIBLE TASKS AND DELIVERABLES:
A. Deliverable No.1—Program Implementation
Tasks eligible for reimbursement under this deliverable:
1.Project Management to ensure the proper management and no duplication of benefits.Ensuring project
is tracked properly by budget,personnel and hours. PM will be the liaison between the subrecipient,the
Contractor and the Architect/Engineer(A/E))
2. Ensure compliance with Section 3 to include Pre-Bid Training of potential bidders;Bidding Oversight
and Selection of Section 3 Preference;Pre-Construction Documentation&Training of Contractor;Weekly
Monitoring for new Section 3 Hires;Monthly Section 3 Reporting from Contractors. Section 3 Reporting
to FDEO/HUD)
3.Performance of Fair Housing activities i.e.Fair Housing Month Proclamation and Resolution;letters to
bankers and realtors;postings at Government Center and Library)
4. Reviews of compliance with Davis Bacon Labor Standards: (includes Verification of Certified Weekly
Payrolls;Employee Interviews and Site Inspections;Training Contractor Personnel on Davis Bacon.
5. Construction Oversight (includes oversight of the Engineer/Architect of the project to ensure the
project is on schedule and within budget. Being liaison between subrecipient &A/E if problems arise.
Doing site inspections from time to time.)
6. Construction Inspections (physical inspections to ensure project complies with engineering design and
working drawings.
7. Financial Oversight (Contractors and A/E invoices will be Q/C to ensure they are correct and within
budget before processed on a Request for Reimbursement(RFR).All budget mods will be prepared by the
Project Manager)
8.Data and Document Management(All records will be kept on-site in hard and electronic copy for review
by FDEO/HUD)
9.Create and submit all required Semi-Annual Reports,Quarterly Reports and other required reports.
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10. Conduct activities associated with the required environmental review as required by 24 CFR 50.4,58.5
and 58.6.
B. Deliverable No. 2—Engineering and Design
Subrecipient shall:
1. Hire a Florida licensed Engineer/Architect to design the power back-up project and
prepare working drawings and cost estimates for replacement of backup power system.
2. Submit a full design package,signed and sealed by a physical engineer licensed in Florida,
including, but not limited to, engineering drawings, specifications, construction cost
estimate,surveys,and any other reports,documents,or information relevant to the design
3. Obtain copies of all permit applications, correspondence with permitting agencies, final
permits,and any other permit-related documentation for the project.
C. Deliverable No.3—Construction
Subrecipient shall:
1. Purchase and deliver to site one (1) KD1250-4 or compatible Factory—Diesel Generator set for the
East Water Treatment Plant in Boynton Beach. Remove and properly dispose of existing aging
temporary generator and install and wire new generator.
2. Purchase and deliver to site one (1) Kohl Switchgear in Fidelity Enclosure,or compatible equipment,
with manufacturer startup services, the electrical equipment necessary to synchronize the new
generator to supply standby power in a reliable and safe manner and procure and deliver to site one
complete (1) Enclosed Paralleling Gear and site preparation to receive gear for installation.
3. Install fabricated Walkways &Covers for standby power system.Demolish existing Florida Power&
Light(FPL)Vault and existing steps and dispose of debris in an environmentally responsible manner.
4. Demo Fuel Tank Canopy remove existing and previously decommissioned fuel tank and dispose in
an environmentally responsible manner.
5. Demo the existing concrete slabs in the FPL Transformer vault,the fuel tank area and old generator
area. Remove unused electrical duct bank
6. Clear site, take additional soil boring and soil samples, perform soil restoration and compaction.
Confirm site is ready for new construction.
7. Installation of standby power system, electrical conduits, and wiring. Complete the installation
of paralleling gear
8. Installation of Communication&Control,Start-up and Commissioning of Standby Power System
9. Start up and commissioning of standby power system and all remaining grant deliverable items.
10. Repair and refinish existing exterior wall surface and facia following
demolition of existing external
structures.
11. Perform building and piping restoration,painting,concrete repair&and site restoration.
12. Provide site restoration following removal of existing concrete slabs and pavement.
5. DEO RESPONSIBILITIES:
A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance
with the Agreement to the extent required by law or deemed necessary be DEO in its discretion
B. Assign a Grant Manager as a point of contact for Subrecipient
C. Review Subrecipient's invoices described herein and process them on a timely basis
D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at
DEO's sole and absolute discretion,and process payments to Subrecipient
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6. DELIVERABLE:
Subrecipient agrees to provide the following services as specified:
Deliverable No 1.Program Implementation
Tasks Minimum Level of Service Financial Consequences
Subrecipient may provide project Subrecipient may request Failure to complete the Minimum
implementation activities as identified in reimbursement upon Level of Service measures as
Section 4.A.,which shall be reimbursed completion of a minimum of specified shall result in non-
upon satisfactory completion of an one task on a per completed task payment for this deliverable.
eligible task as detailed,in Deliverables basis associated with a
2-3 of this Scope of Work. completed task as identified in
Deliverables 2-3 as evidenced
by submittal of the following
documentation:
1) Payroll documentation,
2) Section 3 training
documentation including
training materials and
attendance documents (if
applicable),
to project activities (if applicable),
3) Environmental review activities
(if applicable),
4) Project files (if applicable),
5) Evidence of fair housing
activities (if applicable),
6) Davis Bacon reviews (if
applicable)
7) Permit fees (if applicable),and
8) Invoice package in accordance
with Section 7 of this Scope of
Work.
Deliverable No. 1 Cost: $$100,000.00
Deliverable No.2—Engineering and Design
Tasks: Minimum Level of Service: Financial Consequences:
Subrecipient shall complete eligible task Subrecipient may request Failure to complete the Minimum
as detailed in Section 4.B of this Scope reimbursement upon completion Level of Service measures as
of Work. of the task listed in 4.B.of this specified shall result in non-
Scope of Work as evidenced payment for this deliverable.
by submittal of the following
documentation:
1)Copy of the design drawings
and/ or working drawings;
2) Copy of all permits (if
applicable);and
2) Invoice package in accordance
with Section 7 of this Scope of
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Work
Deliverable No. 2 Cost: $150,000.00
Deliverable No.3—Construction
Tasks: Minimum Level of Service: Financial Consequences:
Subrecipient shall complete eligible task Subrecipient may request Failure to complete the Minimum
as detailed in Section 4.C.1 of the Scope reimbursement upon completion Level of Service measures as
of Work. of the task listed in 4.C.1 of this specified shall result in non-
Scope of Work as evidenced by payment for this deliverable.
submittal of the following
documentation:
1)Invoice package in accordance
with Section 7 of this Scope of
Work
Deliverable No.3 Task 1 Cost: $450,000.00
Tasks: Minimum Level of Service: Financial Consequences:
Subrecipient shall complete eligible tasks Subrecipient may request Failure to complete the Minimum
as detailed in Section 4.C.2 through reimbursement for each individual Level of Service measures as
4.C.12 of this Scope of Work. site upon completion of the tasks specified shall result in non-
listed in 4.C.2.through 4.C.12 of payment for this deliverable.
this Scope of Work,or upon
completion of construction at the
20%,40%,60%,80%and
closeout milestones.All
reimbursement requests must be
evidenced by submittal of the
following documentation:
1)AIA forms G702,G703 or
their substantive equivalent,
certifying that the project,or a
quantifiable portion of the project
is complete.
2)Photographs of the completed
project,or progress made.
3)Invoice package in accordance
with Section 7 of this Scope of
Work
Deliverable No.3 Tasks 2 through 12 Cost: $1,400,000.00
Total Project Costs Not to Exceed:$2,100,000.00
COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established
based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the Agreement
in order to designate payment points during the Agreement Period;however, this is not intended to restrict
DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables
herein. Prior written approval from DEO's Agreement Manager is required for changes to the above
Deliverable amounts that do not exceed 10%of each deliverable total funding amount. Changes that exceed
10% of each deliverable total funding amount will require a formal written amendment request from
Subrecipient,as described in MODIFICATION section of the Agreement.Regardless,in no event shall DEO
reimburse costs of more than the total amount of this Agreement.
7. INVOICE SUBMITTAL
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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,Subrecipient and its subcontractors may
only expend funding under this Agreement for allowable costs resulting from obligations incurred during this
Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations
applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State
Expenditures
(Itttps://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf).
A. Subrecipient shall provide one invoice for services rendered during the applicable period of time.In
any month no deliverable has been completed,the subrecipient will provide notice that no invoicing
will be submitted.
B. The following documents shall be submitted with the itemized invoice:
1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed
in the invoice package: (1) are specifically for the project represented to the State in the budget
appropriation; (2) are for one or more of the components as stated in Section 5,
DELIVERABLES,of this Attachment A; (3) have been paid;and (4) were incurred during this
Agreement.
2. Subrecipient's invoices shall include the date,period in which work was performed,amount of
reimbursement,and work completed to date;
3. A certification by a licensed professional using AIA forms G702 and G703,or their substantive
equivalents,certifying that the project,or a quantifiable portion of the project,is complete.
4. Photographs of the project in progress and completed work;
5. A copy of all supporting documentation for vendor payments;
6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds
transfer. The State may require any other information from Subrecipient that the State deems
necessary to verify that the services have been rendered under this Agreement.
C. Subrecipient's invoice and all documentation necessary to support payment requests must be
submitted into DEO's Subrecipient Enterprise Resource Application(SERA).Further instruction on
SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon
execution of the Agreement.
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Attachment B—Project Budget(Example)
Subrecipient: Contract Modification
Number: Number:
Activity/Project National Objective Beneficiaries Budget
CDBG-
Activit Description LMI Slum& Urgent VLI LI MI Non- Total MIT Other Sourc Total
Blight Need LMI Amount Funds e* Funds
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
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Oyster Creek Basin
Improvements
Orange Street Drainage
Avenue D Drainage
St.Augustine-Lake Maria
Sanchez HMGP Match
Drainage
St.Augustine Blvd&
Cypress Rd Drainage
5. Administration
6. Planning
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.
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Attachment C—Activity Work Plan(Example)
Subrecipient Activity: Project Budget:
Contract Number: Date Prepared: Modification Number:
Start End Describe
Date Date Pro osed CDBG- Estimated
p Activity Description Deliverable Associated MIT Local/Matc Funds by
(month (month Action Task Funding h Funding End Date
/year) /year)
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Attachment D—Program and Special Conditions
1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion
pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a
justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days
of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed
the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided
adequate justification for the delay.
2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and
Activity Work Plan.
3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that will be
reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO
for review:
a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement,
including an affidavit of publication;
b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved
because it violates State,Federal or local procurement guidelines.The Subrecipient shall notify DEO in writing
no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional
services or if it will be using non-CDBG-MIT funds to pay for professional services.
4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed$5000,
the Subrecipient shall complete the following:
a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services
contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO
approves the procurement. If DEO does not approve the procurement of a professional services contract,the
local government will not be able to use CDBG-MIT funds for that contract beyond$5,000.
b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR
§§1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request
for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16)
when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use
Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the
Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT
BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT
FUNDS."
5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970,as amended(42 U.S.C.§§4601-4655;hereinafter,the"URA"),implementing regulations at 24 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-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community
Development Act of 1974(42 U.S.C. § 5304(d)),and the requirements in 24 CFR§570.606(d),governing optional
relocation assistance policies.
6. If the Subrecipient undertakes any activity subject to the URA,the Subrecipient shall document completion of the
acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to
property owners of his or her rights under the URA,an invitation to accompany the appraiser,all appraisals,offer to
the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights(for donations),
as applicable. The documentation shall be submitted prior to completing the acquisition(dosing) so that DEO can
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determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced
persons as defined by 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 laws,specifically including but not limited to:
a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions);
b. Section 3 Participation Report(Construction Prime Contractor);
c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if
applicable);and
d. Section 3 Participation Report(Construction Subcontractor), (if applicable).
8. In addition, each construction contract or agreement for new or replacement housing must contain language that
requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential
Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday,
November 21,2016.
9. For each Request for Funds(RFF)that includes reimbursement of construction costs,the Subrecipient shall provide
a copy of the American Institute of Architects (AIA) form G702,Application and Certification for Payment, or a
comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703,
Continuation Sheet,or a comparable form approved by DEO. For each RFF that includes construction costs,the
Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable,signed
by the contractor and the local building inspector or housing specialist and a copy of form G703,or a comparable
form approved by DEO,if applicable.
10. For each project,when the Subrecipient issues the Notice to Proceed to the contractor(s),copies of the following
documents shall be sent to DEO:
a. Notice to Proceed;
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(b).
12. The Subrecipient shall ensure that a deed restriction is 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 subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be
made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future
disposition of that real property shall be in accordance with 24 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 with the historic preservation requirements of the National Historic Preservation Act
of 1966,as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for
Rehabilitation,codified at 36 CFR 67,and Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to section 102(b),Public Law 101-235,42 U.S.C. § 3545,the Subrecipient shall update and submit Form
HUD 2880 to DEO within thirty(30) calendar days of the Subrecipient's knowledge of changes in situations which
would require that updates be prepared. The Subrecipient must disclose:
a. All developers,contractors,consultants and engineers involved in the application or in the planning,development
or implementation of the project or CDBG-MIT-funded activity;and
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b. Any person or entity that has a financial interest in the project or activity that exceeds$50,000 or 10 percent of
the grant,whichever is less.
15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for
administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR§ 570.489(g). Title 24 CFR §
570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§ 570.489(g),such as those relating to the
acquisition or disposition of real property;CDBG-MIT financial assistance to beneficiaries,businesses or other third
parties; or any other financial interest,whether real or perceived. Additionally, the Subrecipient agrees to comply
with,and this Agreement is subject to,Chapter 112 F.S.
17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement
that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall
be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre-
approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with
CDBG-MIT funds.
18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the
construction progresses,additional photography or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of the activity locations will be provided to DEO with the
administrative closeout package for this Agreement.
19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion
by a licensed professional as meeting the specifications of the design,as may have been amended by change orders.
The date of completion of construction shall be noted as part of the certification. This certification shall be
accomplished prior to submission of an administrative closeout package and a copy of the certification shall be
submitted with the administrative closeout package.
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Attachment E—State and Federal Statutes,Regulations, and Policies
The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal
award under the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,2
CFR part 200. This agreement includes terms and conditions of DEO's Federal award that are imposed on the
Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in
this Agreement.
The Subrecipient agrees to,and,by signing this Agreement,certifies that,it will comply with all applicable provisions of
the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified
by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement.These Federal
Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30,
2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9,
2018/Notices, Volume 82, No. 11/Wednesday,January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7,
2017/Notices, and Vol. 83, No. 157/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 DEO's responsibilities for initiating the
review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable
Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that
govern the use of the CDBG-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 Agreement to supplement rather than supplant funds
otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws,
regulations and policies governing the funds provided under this Agreement,including,but not limited to the following:
1. State of Florida Requirement
State of Florida Requirements are stated throughout this Agreement and Attachments thereto.
2. Audits.Inspections and Monitoring
a. Single Audit
The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the
Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set
forth in§200.501 Audit requirements.
b. Inspections and Monitoring
The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial
statements as necessary for DEO to meet the requirements of 2 CFR part 200.
The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward
is used for authorized purposes,in compliance with Federal statutes,regulations,and the terms and conditions
of this agreement.
This review must include:
(1) Reviewing financial and performance reports required by DEO;
(2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site
reviews,and other means;and
(3) Issuing a management decision for audit findings pertaining to this Federal award provided to the
Subrecipient from DEO as required by 2 CFR§200.521.
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c. Corrective Actions
The Subrecipient shall be subject to reviews and audits by DEO,induding onsite reviews of the Subrecipient as
may be necessary or appropriate to meet the requirements of 42 U.S.C.5304(e)(2).DEO may issue management
decisions and may consider taking enforcement actions if noncompliance is detected during audits.DEO may
require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award
provided to the subrecipient from the pass-through entity detected through audits,on-site. DEO may impose
additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and
technical assistance as needed to correct noncompliance.
3. Drug-Free Workplace
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 standards in 2 CFR §200.318 - §200.327 when procuring
property and services under this agreement.The Subrecipient shall impose the Subrecipient's obligations under this
agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its
contractors.
The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically
induding, 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 this agreement.To check for debarred or suspended entities,please visit
haps://www.sam.gov/SAM/
5. Property Standards
Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24 CFR
570.2000.The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR
200.314 through 2 CFR 200.316. The Subredpient 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
compensating DEO.
The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to
the extent they are inconsistent with 24 CFR 570.2000 and 24 CFR 570.4890, in which case Subrecipient shall
comply with 24 CFR 570.2000 and 24 CFR 570.4890),except to the extent that proceeds from the sale of equipment
are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR
570.489(e)(1)(u).
6. Federal Funding Accountability and Transparency Act(FFATA)
The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award
Management(SAM).The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in
accordance with 2 CFR part 25, appendix A,and must have a Data Universal Numbering System (DUNS) number
https://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding
Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170
Reporting Subaward and Executive Compensation Information.
7. Relocation and Real Property Acquisition
The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970,as amended(URA),42 USC 4601 —4655,49 CFR part 24,24 CFR part 42,and 24 CFR 570.606.
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In addition to other URA requirements,these regulations(49 CFR§24.403(d))implement Section 414 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act,42 USC § 5181,which provides that"Notwithstanding
any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the
URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the
President,to meet the occupancy requirements set by such Act".
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 1974(Title I) (42 U.S.C. 5309).Section 109 provides that no
person in the United States shall,on the ground of race,color,national origin,religion or sex,be excluded from
participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded
in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age
Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of
the Rehabilitation Act of 1973(29 U.S.C.794)(Section 504).Section 109 of the HCDA makes these requirements
applicable to programs or activities funded in whole or in part with CDBG-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 that its activities are consistent with requirements of Architectural Barriers Act and
the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain
Federal and Federally funded buildings and other facilities to be designed,constructed,or altered in accordance
with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility
designed,constructed or altered with funds allocated or reallocated under this part after December 11,1995 and
meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined
in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968(42 U.S.C.4151-
4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for
residential structures,and appendix A to 41 CFR part 101-19,subpart 101-19.6,for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment,public accommodations,
State and local government services and telecommunications.It further provides that discrimination indudes a
failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily
accessible to and usable by individuals with disabilities.Further,the ADA requires the removal of architectural
barriers and communication barriers that are structural in nature in existing facilities, where such removal is
readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense.
c. State and Local Nondiscrimination Provisions
The Subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703-288.706,
F.S.);Title VI of the Civil Rights Act of 1964(24 CFR part 1)
(1) General Compliance
The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-
352),as amended.No person in the United States shall,on the grounds of race,color,or national origin,be
excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under
any program or activity funded by this agreement.The specific nondiscrimination provisions at 24 CFR 1.4
apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against
any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights
Act of 1964 or 24 CFR part 1,or because he has made a complaint,testified,assisted or participated in any
manner in an investigation,proceeding or hearing under 24 CFR part 1.The identity of complainants shall
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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 investigation,hearing or judicial proceeding arising thereunder.
(2) Assurances and Real Property Covenants
As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the
Subrecipient assures that the program or activities described in this Agreement will be conducted and the
housing,accommodations,facilities,services,financial aid or other benefits to be provided will be operated
and administered in compliance with all requirements imposed by or pursuant to this part 1.
If the Federal financial assistance under this agreement is to provide or is in the form of personal property
or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate
the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the
property is used for a purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits,or for as long as the recipient retains ownership or
possession of the property, whichever is longer. In all other cases, the assurance shall obligate the
Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or
application. This assurance gives DEO and the United States a right to seek judicial enforcement of the
assurance and the requirements on real property.
In the case of real property,structures or improvements thereon,or interests therein,acquired with Federal
financial assistance under this Agreement or acquired with CDBG-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 used for a purpose for which
the Federal financial assistance is extended or for another purpose involving the provision of similar services
or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property
interests under this Agreement,to the extent that rights to space on,over, or under any such property are
included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1
shall extend to any facility located wholly or in part in such space.
d. Affirmative Action
(1) Approved Plan
The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action
Program in compliance with the President's Executive Order 11246 of September 24,1966,as amended,and
implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the release of funds under this agreement.
(2) Women-and Minority-Owned Businesses (W/MBE)
The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(6)(1) through (5) to assure that
minority businesses,women's business enterprises,and labor surplus area firms are used when possible when
the Subrecipient procures property or services under this agreement.
(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 Affirmative Action(EEO/AA)Statement
The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the
Subrecipient,state that it is an Equal Opportunity or Affirmative Action employer.
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9. Labor and Employment
Labor Standards
The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community
Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in whole or in part with assistance received under
this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act,as amended(40 U.S.C.3141,et seq.)
and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property
only if such property contains not less than 8 units.
The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing
regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain
documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall
be made available to DEO for review upon request.
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 1937 Act(42 U.S.C.1437a(b)(2)). Section
3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not
exceed 80 per centum of the median income for the area,as determined by the Secretary,with adjustments for
smaller and larger families,except that the Secretary may establish income ceilings higher and or lower than 80
per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary
because of prevailing levels of construction costs or unusually high or low—income families;or(u)A very low-
income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C.1437 a(b)(2)). Section 3(b)(2)
of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose
incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary
with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher
or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations
are necessary because of unusually high or low family incomes.
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 subrecipient of Section 3-covered assistance is
required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other
applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the
following"Section 3 clause"in every"Section 3-covered contract":
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(Section 3).The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which
implement Section 3.As evidenced by their execution of this contract,the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
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notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 Clause and willpost copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice.The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions,the qualifications for each;the name and location of the person(s)taking applications
for each of the positions;and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 75 and its related regulations in
Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u.
The contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part
75.
E. The contractor will certify that any vacant employment positions,including training positions,
that are filled after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 75 require employment
opportunities to be directed,were not filledto circumvent the contractor's obligations under 24
CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination
of thiscontract for default,and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 USC
450e)also applies to the work to be performed under this contract.Section 7(b)requires that to
the greatest extent feasible (i)preference and opportunities for training and employment shall
be given to Indians and(u)preference in the award of contracts and subcontracts shall be given
to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of Section 3 and section 7(b)agree to comply with Section 3 to the
maximum extent feasible,but not in derogation of compliance with section 7(b).
3. Section 3 Benchmarks and Reporting
A. Benchmarks. Contracts over $200,000 trigger Section 3 Benchmark requirements. When triggered, best
efforts must be made to extend Section 3 opportunities to verified Section 3 workers 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 percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3
workers.
B. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3
benchmarks described in 24 CFR§75.23,pursuant to 24 CFR§75.25(b),the subrecipient must report in a
form prescribed by HUD on the qualitative nature of its activities and those its contractors and
subcontractors pursued.
C. Recipient will comply with any Section 3 Project Implementation Plan documents,if any,provided by HUD
or DEO which may be amended from time to time for HUD reporting purposes.
11. Conduct
a. Hatch Act
The Subrecipient shall comply with the Hatch Act,5 USC 1501 —1508,and shall ensure that no funds provided,
nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V of the U.S.C.
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b. Conflict of Interest
In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the
Subrecipient shall comply with the conflict of interest provisions in DEO's procurement policies and procedures.
In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures,
the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h).
c. Lobbying Certification
The Subrecipient hereby certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress in connection with the awarding
of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement and the extension,continuation,renewal,amendment or modification of any
Federal contract,grant,loan,or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal
contract,grant,loan,or cooperative agreement,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 be included in the award documents for all
subawards at all tiers (mcluding subcontracts, subgrants and contracts under grants,loans and cooperative
agreements)and that all subrecipients shall certify and disclose 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 than$100,000 for each such failure.
d. Religious Activities
The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious
activities prohibited by 24 CFR 570.200 ),such as worship,religious instruction,or proselytization.
Equal Treatment for Faith-Based Organizations.Prohibits any State or local government receiving funds under
any Department program,or any intermediate organization with the same duties as a governmental entity,from
discriminating for or against an organization on the basis of the organization's religious character or affiliation.
Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious
instruction,or proselytization,as part of the programs or services funded with direct financial assistance.
Prohibits an organization that participates in programs funded by direct financial assistance from the Department,
in providing services,from discriminating against a program benefirjg y or prospective program benefiriajy on
the basis of religion or religious 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 Limiting Activities Prior to Environmental Review
The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not
delegated the requirement under Section 104(g)of the HCD Act for environmental review,decision-making
and action(see 24 CFR part 58)and is not delegated DEO's responsibilities for initiating the review process
under the provisions of 24 CFR Part 52.24 CFR 58.22 imposes limitations on activities pending clearance
and specifically limits commitments of HUD funds or non-HUD funds by any participant in the
development process before completion of the environmental review.A violation of this requirement may
result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to
Use Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall
provide the Subrecipient a written update regarding the status of the review process.
(2) Air and Water
The_Subrecipient shall comply with the following requirements insofar as they apply to the performance of
this agreement
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(a) Air quality. (1)The Clean Air Act(42 U.S.C. 7401 et. seq.) as amended;particularly section 176(c) and
(d) (42 U.S.C. 7506(c)and(d));and(2)Determining Conformity of Federal Actions to State or Federal
Implementation Plans (Environmental Protection Agency-40 CFR parts 6,51,and 93);and
(b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the
requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as
amended,and all regulations and guidelines issued thereunder.
(c) The Clean Air and Water Act If this Contract is in excess of$100,000,Contractor shall comply with all
applicable standards,orders or regulations issued under the Clean Air Act,as amended,42 U.S.C.7401,
Section 508 of the Clean Water Act,as amended,33 U.S.C. 1368,et seq.,Executive Order 11738 and
Environmental Protection Agency regulations. Contractor shall report any violation of the above to
DEO.
(d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State of Florida's energy conservation plan issued in compliance
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 by the National Flood Insurance Reform Act of
1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood
Insurance Reform Act of 1994,as amended,(42 U.S.C.5154a),which indudes a prohibition on the provision
of flood disaster assistance,including loan assistance,to a person for repair,replacement or restoration for
damage to any personal,residential,or commercial property if that person at any time has received Federal
flood disaster assistance that was conditioned on the person first having obtained flood insurance under
applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as
required under applicable Federal law on such property. Section 582 also includes a responsibility to notify
property owners of their responsibility to notify transferees about mandatory flood purchase requirements.
More information about these requirements is available in the Federal Register notices governing the CDBG-
MIT award and listed at the beginning of this Attachment.
(4) Lead-Based Paint
The Subrecipient shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives
and requirements of the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4821-4846),the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at
part 35,subparts A,B,J,K,and R of this title.
(5) Historic Preservation
The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966,as amended,codified in title 54 of the United States Code,and the procedures set
forth in 36 CFR part 800 insofar as they apply to the performance of this agreement.
In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are induded 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 seg.,which prohibits
discrimination on the basis of sex in educational programs.
(c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849,which
prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political
affiliation or beliefs.
(d) The Pro-Children Act Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C.6083.
Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty
up to $1,000 for each violation and/or the imposition of an administrative compliance order on the
responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public
Law(Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used
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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 dearly 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.
(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 funds 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. 111-117.
(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.327-333),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 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous,or dangerous.These requirements do not apply to the purchases of supplies or materials or
artides 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.
0) 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 CDBG-MIT funds,each Subrecipient must certify that it will"affirmatively further fair
housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by
implementing the actions listed below.
Each Subrecipient shall do the following:
1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes(race,color,familial
status,handicap,national origin,religion and sex);
2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive
fair housing calls;
3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in
the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a
complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter
on the home page of its website;
4. Establish a system to record the following for each fair housing call:
a) The nature of the call,
b) The actions taken in response to the call,
c) The results of the actions taken and
d) If the caller was referred to another agency,the results obtained by the referral agency;
5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be
conducted in consecutive quarters;and
6. Display a fair housing poster in the CDBG-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 CDBG-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 CDBG-MIT funds will abide by the Equal Employment
Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Each Subrecipient shall do the following:
1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants
from discrimination in hiring,promotion,discharge,pay, fringe benefits,job training,classification,referral and
other aspects of employment,on the basis of race,color,religion,sex,national origin,disability,age or genetics;
2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO
calls;
3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the
Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint.
Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the
home page of its website;and
4. Establish a system to record the following for each EEO call:
a) The nature of the call,
b) The actions taken in response to the call and
c) The results of the actions taken;
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 CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime
contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services
maintains a list of certified minority- and women-owned businesses that can be used to develop a local
MBE/WBE list at the following website: https://osd.dms.myflorida.com/directories.
6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b)into any contracts or
subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR 60-1.3.
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 physical or mental impairment which substantially limits one or more major life activities,
b) Has a record of such an impairment or
c) Is regarded as having such an impairment;
2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to
receive Section 504/ADA calls;
3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation
in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register
a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the
quarter on the home page of its website;and
4. Establish a system to record the following for each Section 504/ADA call:
a) The nature of the call,
b) The actions taken in response to the call and
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c) The results of the actions taken.
Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability,accessibility,delivery,
employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance.
A Subrecipient of Federal financial assistance may not,on the basis of disability:
1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs,services
or other benefits,
2. Deny access to programs,services,benefits or opportunities to participate as a result of physical barriers,or
3. Deny employment opportunities,including hiring, promotion, training and fringe benefits, for which they are
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 by the ADA,one must have a disability or have a relationship or association with
an individual with a disability.
Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal
funding.Title II requires that State and local governments give people with disabilities an equal opportunity to benefit
from all of their programs,services and activities (e.g. public education, employment, transportation,recreation,health
care, social services, courts,voting and town meetings). State and local governments are required to follow specific
architectural standards in the new construction and alteration of their buildings. They also must relocate programs or
otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing,
vision or speech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations,privately operated entities
offering certain types of courses and examinations,privately operated transportation and commercial facilities. Public
accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels,
movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos,
funeral homes, day care centers and recreation facilities including sports stadiums and fitness dubs. Transportation
services provided by private entities are also covered by Title III.
Section 3-Economic Opportunities for Low-and Very Low-Income Persons
Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job
openings that exist on CDBG-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 CDBG-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 the quarterly report.
The following Section 3 clause is required to be included in any CDBG-MIT-funded contracts and subcontracts:
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low-and very low-income
persons,particularly persons who are Subrecipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3.
As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has
a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can
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see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in
24 CFR part 75,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or
in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75.
The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 75.
E. The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after
the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the
contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for
default and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b)of the
Indian Self-Determination and Education Assistance Act(25 U.S.C.§450e)also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible,
but not in derogation of compliance with Section 7(b).
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(6)—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 1975;
8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively
Furthering Fair Housing;
9. Section 109 of the Housing and Community Development Act of 1974— No person shall be excluded from
participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG-
MIT funds because of race,color,religion,sex or national origin;
10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people
with disabilities;
11. Executive Order 11063—Equal Opportunity in Housing;
12. Executive Order 11246—Equal Employment Opportunity;and
13. Section 3 of the Housing and Urban Development Act of 1968,as amended—Employment/Training of Lower
Income Residents and Local Business Contracting.
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I hereby certify that the City of Boynton Beach shall comply with all of the provisions and Federal regulations listed in this
Attachment F.
By: Date: ‘///, ?w� u/
Name: Ty Penserga Ailea-1 ,f//il_4,
,
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Title: /1111 /
APP E. O . :M: diviy
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Attachment G—Reports
The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to
timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement.
1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month.
2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th
of every April,July,October and January.
3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at
https://www.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted
by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all
contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise
participation. If no activity has taken place during the reporting period,the form must indicate"no activity".
The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by
complying with the closeout procedures in 2 CFR§ 200.343.Activities during this close-out period may include,but
are not limited to: making final payments,disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and
determining the custodianship of records.
Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer
to the recipient any CDBG-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 CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in
the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7).
4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program
specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than
nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold,an
Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's
fiscal year.
5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to audit( deo.myflorida.com
within sixty(60) calendar days of the end of each fiscal year in which this subgrant was open.
6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with
24 CFR§75.25(a). Subrecipients must report the following: (i) the total number of labor hours worked; (ii) the total
number of labor hours worked by Section 3 workers;and (iii) the total number of labor hours worked by Targeted
Section 3 workers. If Section 3 benchmarks are not met,the subrecipient's qualitative efforts must be reported in a
manner required by 24 CFR§75.25(b).
Subrecipients shall provide Section 3 Reporting quarterly to DEO by the 10th of each quarter(January 10,April 10,
July 10, and October 10). For Section 3 Reporting, subrecipients should complete and return the Project
Implementation Plan template to DEO .
7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and
Deliverables,Project Detail Budget and Activity Work Plan.
8. All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement.
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Attachment H—Warranties and Representations
Financial Management
The Subrecipient's financial management system must comply with the provisions of 2 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 disclosure of the financial results of this project or program.
2. Records that identify the source and use of funds for all activities. These records shall contain information
pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest.
3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard
all assets and assure that they are used solely for authorized purposes.
4. Comparison of expenditures with budget amounts for each Request for Funds (RFF).Whenever appropriate,
financial information should be related to performance and unit cost data.
5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 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 by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner
providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure
objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work,invitations for bids or requests for proposals shall be excluded from
competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose
proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall dearly
set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the
Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged
in the award and administration of contracts. No employee,officer or agent shall participate in the selection,award or
administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner,
or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a
tangible personal benefit from a firm considered for a contract. The officers,employees and agents of the Subrecipient
shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts.
The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers,
employees or agents of the Subrecipient. (See 2 CFR§200.318(c)(1).)
Business Hours
The Subrecipient shall have its offices open for business,with the entrance door open to the public,and at least one
employee on site at all reasonable times for business. "Reasonable"shall be construed according to circumstances,but
ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday.
Licensing and Permitting
All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Subrecipient.
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Attachment I—Audit Requirements
The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by
DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F-Audit Requirements,and section
215.97,F.S.,as revised (see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits
by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement,
the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by
DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees
to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The
Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Chief Financial Officer(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or
nonprofit organization as defined in 2 CFR§200.90,§200.64,and§200.70.
1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements.
EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining
the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards,
including federal resources received from DEO.The determination of amounts of federal awards expended
should be in accordance with the guidelines established in 2 CFR§§200.502-503.An audit of the Subrecipient
conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the
requirements of this Part.
2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR§§200.508-512.
3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient
expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements,the cost of the audit must be
paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources
obtained from other than federal entities).
PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section
215.97(2),F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the
Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section
215.97,F.S.;Rule Chapter 69I-5,F.A.C.,State Financial Assistance;and Chapters 10.550 (local governmental
entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.EXHIBIT 1 to this
form lists the state financial assistance awarded through DEO by this agreement. In determining the state
financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial
assistance, including state financial assistance received from DEO, other state agencies, and other nonstate
entities.State financial assistance does not include federal direct or pass-through awards and resources received
by a nonstate entity for federal program matching requirements.
2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting
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package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years
ending June 30,2017,and thereafter),an audit conducted in accordance with the provisions of section 215.97,
F.S.,is not required.If the Subrecipient expends less than$750,000 in state financial assistance in its fiscal year
and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the
audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the
Subrecipient's resources obtained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS
(NO1 i✓:This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter
of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State
audit requirements). Pursuant to Section 215.97(8),F.S., State agencies may conduct or arrange for audits of state financial assistance that
are in addition to audits conducted in accordance with Section 215.97, F.S. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit
Requirements, and required by Part I of this form shall be submitted, when required by
2 CFR§200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR§200.36 and§200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit reporting
package.Updates to the location of the FAC and data entry system may be found at the OMB website.
2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of
the Subrecipient directly to each of the following:
a. DEO at each of the following addresses:
Electronic copies (preferred): or Paper(hard copy):
Audit( deo.myflorida.com Department Economic
Opportunity
MSC# 75,Caldwell Building
107 East Madison Street
Tallahassee,FL 32399-4126
b. The Auditor General's Office at the following address:
Auditor General
Local Government Audits
342 Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
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The Auditor General's website(https://flauditor.gov/)provides instructions for filing an electronic
copy of a financial reporting package.
a Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf
of the Subrecipient directly to:
Electronic copies (preferred): or Paper(hard copy):
Audit@,deo.myflorida.com Department Economic
Opportunity
MSC#75,Caldwell Building
107 East Madison Street
Tallahassee,FL.32399-4126
4 Any reports, management letters, or other information required to be submitted DEO pursuant to this
agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor
General,as applicable.
5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR
200,Subpart F-Audit Requirements,or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit
and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package
was delivered to the Subrecipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state
fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer,
and shall allow DEO,or its designee,CFO,or Auditor General access to such records upon request.The Subrecipient
shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request
for a period of six(6) years from the date the audit report is issued,unless extended in writing by DEO.In addition,if
any litigation,claim,negotiation, audit,or other action involving the records has been started prior to the expiration of
the controlling period as identified above,the records shall be retained until completion of the action and resolution of
all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer.
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Exhibit 1 to Attachment I—Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S.Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: $2,100,000.00
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
Project Description: Funding is being provided for installation of back-up
power for the Boynton Beach East Water Treatment Plant
to ensure continuous operation during and post-disaster for
This is not a research and development award. the health and safety of the residents.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S.
2. The Subrecipient shall perform its obligations in accordance with 24 CFR§§ 570.480—570.497.
3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or
exhibits thereto.
4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and(3),F.A.C.
5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily
limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's
Notice of Subgrant Award/Fund Availability(NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs:N/A
Subject to Section 215.97,Florida Statutes:N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
NOTE: Title 2 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 this form within 60 days of the end of each fiscal year in which this subgrant was
open to audit@deo.myfiorida.com.
Subrecipient:
FEIN: Subrecipient's Fiscal
Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Subrecipient expend state financial assistance,during its fiscal year that it received under any
agreement(e.g.,contract,grant,memorandum of agreement,memorandum of understanding,
economic incentive award agreement,etc.) between the Subrecipient and the Department of
Economic Opportunity(DEO)? ❑Yes ❑ No
If the above answer is yes,answer the following before proceeding to item 2.
Did the Subrecipient expend$750,000 or more of state financial assistance (from DEO and all other
sources of state financial assistance combined)during its fiscal year? ❑Yes ❑ No
If yes,the Subrecipient certifies that it will timely comply with all applicable State single or
project-specific audit requirements of Section 215.97,Florida Statutes and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement
(e.g.,contract,grant,memorandum of agreement,memorandum of understanding,economic incentive
award agreement,etc.) between the Subrecipient and DEO? ❑Yes ❑ No
If the above answer is yes,also answer the following before proceeding to execution of this
certification:
Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? ❑Yes ❑ No
If yes,the Subrecipient certifies that it will timely comply with all applicable single or
program-specific audit requirements of 2 CFR part 200,subpart F,as revised.
By signing below,I certify,on behalf of the Subrecipient,that the above representations for items
1 and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title 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 by the Federal agency or non-Federal entity,all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the following,as applicable.
(A)Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal remedies in
instances where contractors violate or breach contract terms,and provide for such sanctions and penalties
as appropriate.
(B) All contracts in excess of$10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be affected and the basis for settlement.
(C)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part 60,all contracts
that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246,"Equal Employment Opportunity"(30 FR 12319,12935,3 CFR Part,1964-1965 Comp.,p.339),
as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract
Compliance Programs,Equal Employment Opportunity,Department of Labor."
(D)Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,
all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, `Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week.The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination.The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency.The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR
Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours.Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
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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 wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency
(G)Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.1251-
1387),as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision
that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
(I)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 75888,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(CDBG-MIT) Subrogation Agreement
This Subrogation and Assignment Agreement("Agreement")is made and entered into by and between the City
of Boynton Beach,Florida(hereinafter referred to as"Subrecipient") and the State of Florida,Department of
Economic Opportunity(hereinafter referred to as"DEO").
In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's
application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community
Development Block Grant-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, subsidized loan,lawsuit or insurance policies of any type or coverage or under any
reimbursement or relief program related to or administered by the Federal Emergency Management Agency
("FEMA") or the Small Business Administration ("SBA") (singularly, a"Disaster Program" and collectively,
the 'Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to
Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a
duplication of benefits (`DOB") as provided in this Agreement.
The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or
the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as
"Proceeds,"and any Proceeds that are a DOB shall be referred to herein as'DOB Proceeds." Upon receiving
any Proceeds,Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such
additional amounts constitute a DOB.If some or all of the Proceeds are determined to be a DOB,the portion
that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The
amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT
Program.
Subredpient 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 indude but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and
providing any additional documentation with respect to such consent,giving depositions,providing documents,
producing record and other evidence, testifying at trial and any other form of assistance and cooperation
reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and
collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster
Program.
If requested by DEO,Subrecipient agrees to execute such further and additional documents and instruments
as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to
Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation
Programs that are DOB Proceeds and/or any rights thereunder,and to take,or cause to be taken,all actions
and to do,or cause to be done,all things requested by DEO to consummate and make effective the purposes
of this Agreement.
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Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies,
or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any
non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its
interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to
release said information to DEO.
If Subrecipient(or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by
superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such
amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount
greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the
calculation of Subrecipient's award.
In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient
shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount,if any, of such
subsequent Proceeds that are DOB Proceeds("Subsequent DOB Proceeds"). Subsequent Proceeds in excess
of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be
disbursed as follows:
1. If the Subrecipient has received full payment of the Grant Proceeds,any Subsequent DOB Proceeds
shall be retained by DEO.
2. If the Subrecipient has received no payment of the Grant Proceeds,any Subsequent DOB Proceeds
shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all
Subsequent DOB Proceeds shall be returned to the Subrecipient.
3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall
be used,retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first
be used to reduce the remaining payments of the Grant Proceeds,and Subsequent DOB Proceeds in
such amount shall be returned to the Subrecipient;and(B) any remaining Subsequent DOB Proceeds
shall be retained by DEO.
4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG-
MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the
Subsequent DOB Proceeds shall be returned to the Subrecipient,and this Agreement shall terminate.
Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to
Subrecipient any rights assigned to DEO pursuant to this Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds
received by Subrecipient shall be true and correct as of the date of the signing of this Agreement.
Warning:Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject
to civil or criminal penalties under 18 U.S.C.287,1001 and 31 U.S.C.3729.
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
by Subrecipient.
In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement,
including actual attorney's fees.
CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY
By rr- �� y// tivi By
6
� Sign. e Signature
Ty Penserga Dane Eagle
Title Mayor Title Secretary
Date 11 g°g Date
y :110 _AiiORM: /
ir
I. CITY ATTORNEY
ii4eS . '
( 01 pil"--,x
•u
e.
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