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STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
ContractNumher: 12DB -OII - 10-40-01 -N Ol CFDA Number : 14 . 228
Rule Chapter : 913 -43 , Florida Administrative Code
Effective : June 6 , 2010
IFFY 2011 FEDERALLY - FUNDED SUBGRANT AGREEMENT
Neighborhood Revi�ulization
THIS AGREEMENT is entered into by the State of Florida , Department of Economic Opportunity , with
headquarters in Tallahassee , Florida ( hereinafter referred to as the " Department " ) , and Indian River
County
( hereinafter referred to as the " Recipient" ) .
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS :
A . The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein ; and
B . The Department has received these grant funds from the State of Florida, and has the authority
to
subgrant these funds to the Recipient upon the terms and conditions below ; and
C . The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE , the Department and the Recipient agree to the following :
( 1 ) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Program Budget, Attachment A of this
Agreement ; the Activity Work Plan , Attachment I of this Agreement ; and the Florida Small Cities Community
Development Block Grant ( CDBG ) Application submitted by the Recipient on August 15 , 2011 , including future
amendments to this Subgrant Agreement that are agreed upon by both parties .
( 2 ) INCORPORATION OF LAWS , RULES REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws , rules
and
regulations, including those identified in Attachment B .
(3 ) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties , and shall end twenty - four ( 24 ) months after the
last signed date , unless terminated earlier in accordance with the provisions of Paragraph ( 12 ) of this Agreement
.
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension .
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( 4 ) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties , and attached to the original of this Agreement .
( 5 ) RECORDKL' EPING
(a) As applicable , Recipient' s performance under this Agreement shall be subject to the federal OMB
Circular No . A - 102 , " Common Rule : Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments " (53 Federal Register 8034 ) or 2 CFR 215 , " Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education , Hospitals, and Other Nonprofit
Organizations , " and either 2 CFR 225 , " Cost Principles for State , Local and Indian Tribal Governments , "
2 CFR
220 , " Cost Principles for Educational Institutions, " or 2 CFR 230 , " Cost Principles for Non- Profit Organizations . "
(b) The Recipient shall retain sufficient records to show its compliance with the terms
of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of six years from the date the audit report is issued , and shall allow the Department or its designee , the
State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of six years from the date the audit
report
is issued , unless extended in writing by the Department . The six year period may be extended for the following
exceptions :
1 . If any litigation , claim or audit is started before the six year period expires,
and extends
beyond the six year period , the records shall be retained until all litigation , claims or audit findings
involving the
records have been resolved .
2 . Records for the disposition of non -expendable personal property valued at $ 5 ,000 or more at
the time it is acquired shall be retained for six years after final disposition .
3 . Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title .
(c ) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be 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 Program Budget - Attachment A -
and all other applicable laws and regulations .
( d ) The Recipient, its employees or agents , including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department,
its
employees , and agents . " Reasonable" shall ordinarily mean during normal business hours of 8 : 00 a . m . to 5 : 00
p . m . ,
local time , on Monday through Friday . " Agents " shall include, but not be limited to , auditors
retained by the
Department .
( 6 ) AUDIT REQUIREMENTS
( a) The Recipient agrees to maintain financial procedures and support documents , in accordance with
« enerally accepted accounting principles , to account for the receipt and expenditure of funds under this Agreement .
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( b ) These records shall be available at reasonable times for inspection , review , or audit by
state
personnel and other personnel authorized by the Department . " Reasonable" shall ordinarily mean normal business
hours of 8 : 00 a . m . to 5 : 00 p . m . , local time , Monday through Friday .
( c ) The Recipient shall provide the Department with the records , reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement .
(d ) If the Recipient is a State or local government or a non -profit organization as defined in OMB
Circular A - 133 , as revised , and in the event that the Recipient expends $ 500 , 000 or more in Federal awards
in its
fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions
of OMB Circular A - 133 , as revised . EXHIBIT I to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards , including Federal resources received from the Department
. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A - 133 , as revised . An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A- 133 , as revised , will meet the requirements of this paragraph .
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised .
If the Recipient expends less than $ 500 ,000 in Federal awards in its fiscal year, an audit
conducted in
accordance with the provisions of OMB Circular A- 133 , as revised , is not required . In the event that the Recipient
expends less than $ 500 , 000 in Federal awards in its fiscal year and chooses to have
an audit conducted in
accordance with the provisions of OMB Circular A- 133 , as revised , the cost of the audit must be paid from
non -
Federal funds .
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A - 133 ,
as revised , and required by subparagraph (d) above, when required by Section . 320 (d ), OMB Circular A - 133 ,
as
revised , by or on behalf of the Recipient to :
The Department of Economic Opportunity at each of the following addresses :
Department of Economic Opportunity
Office of Inspector General
107 East Madison Street — MSC 130
Tallahassee, Florida 32399-6508
and
Department of Economic Opportunity
Florida Small Cities Community Development Block Grant Program
107 East Madison Street — MSC 400
Tallahassee , Florida 32399 - 6508
also send an electronic copy to judy. peacock�adeo . myflorida.comI
Send the Single Audit reporting package and Form SF - SAC to the Federal Audit Clearinghouse by submission
online at :
and to any other Federal agencies and pass- through entities in accordance with Sections . 320 ( e )
and ( t) , OMB
Circular A - 133 , as revised .
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( f) Pursuant to Section . 320 (f) , OMB Circular A - 133 , as revised , the Recipient shall send a copy of
the reporting package described in Section . 320 (c ) , OMB Circular A- 1331 as revised , and any management letter
issued by the auditor, to the Department at the following addresses :
Department of Economic Opportunity
Office of Inspector General
107 East Madison Street — MSC 130
Tallahassee, Florida 32399 -6508
and
Department of Economic Opportunity
Florida Small Cities Community Development Block Grant Program
107 East Madison Street — MSC 400
Tallahassee, Florida 32399 - 6508
Jalso send an electronic copy to judy . peacock@deo . myflorida. comI
( g) By the date due, send any reports , management letter, or other information required to
be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A- 1339 Florida Statutes ,
and Chapters 10 . 550 (local governmental entities) or 10 . 650 (nonprofit and for-profit organizations), Rules of the
Auditor General , as applicable.
(h ) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A - 133
or Chapters 10 . 550 (local governmental entities) or 10 . 650 (nonprofit and for-profit organizations) , Rules
of the
Auditor General ,
( i ) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance .
(j ) The Recipient shall have all audits completed by an independent certified public accountant ( IPA ) ,
ublic accountant licensed under Chapter 473 , Fla . Stat . The IPA shall state
either a certified public accountant or a p
that the audit complied with the applicable provisions noted above . The audit must be received by the Department
no later than nine months from the end of the Recipient ' s fiscal year.
(7 ) REPORTS
( a) The Recipient shall provide the Department with quarterly reports and a close-out report . These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors
in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department .
( b) Quarterly reports are due to the Department no later than 15 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close-out report . The ending
dates for each quarter of the program year are March 31 , June 30 , September 30 and December 31 .
(c) The close-out report is due 45 days atter termination of this Agreement or 45
days alter
completion of the activities contained in this Agreement, whichever first occurs .
( d ) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department , the Department may withhold further payments until they are completed or may take
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other action as stated in Paragraph ( 11 ) REMEDIES . " Acceptable to the Department" means that the work product
was completed in accordance with the Program Budget, Attachment A of this Agreement ; the Activity Work Plan ,
Attachment I of this Agreement; and the CDBG Application submitted by the Recipient .
(e) The Recipient shall provide additional program updates or information that may be required by the
Department .
( t) The Recipient shall provide additional reports and information identified in Attachment D .
( 8 ) MONITORING
The Recipient shall monitor its performance under this Agreement , as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
other performance goals are being achieved . A review shall be done for each function or activity in Attachment A to
this Agreement, and reported in the quarterly report .
In addition to reviews of audits conducted in accordance with paragraph (6 ) above, monitoring
procedures may include , but not be limited to, on - site visits by Department staff, limited scope audits, and/or other
procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit
of the
Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by
the
Department to the Recipient regarding such audit . The Recipient further agrees to comply and cooperate with any
inspections , reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General . In addition , the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks .
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision , as defined in Section 768 .28 , Fla . Stat. ,
the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement . For purposes of this Agreement, Recipient agrees that it is not an employee or agent
of the
Department , but is an independent contractor ,
or subdivision , as defined in Section 768 . 28 , Fla. Stat . ,
( b ) Any Recipient which is a state agency
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set
forth in Section 768 .28 , Fla . Stat. Nothing herein is intended to serve as a waiver of sovereign immunity
by any
Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract .
( 10 ) DEFAULT
If any of the following events occur ( " Events of Default" ) , all obligations on the part of the Department
if the Department elects , terminate and the Department has the option to
to make further payment of funds shall ,
exercise any of its remedies set forth in Paragraph 0 1 ) . However, the Department may make payments or partial
payments atter any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment :
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( a) If' any warranty or representation made by the Recipient in this Agreement or any previous
mes false or misleading in any respect, or if the Recipient fails to keep or
agreement with the Department is or beco
perform any of the obligations , terms or covenants in this Agreement or any previous agreement
with the
Department and has not cured them in timely fashion , or is unable or unwilling to meet its obligations under
this
Agreement ;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department .
(c ) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information ;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
( 11 ) REMEDIES
If an Event of Default occurs , then the Department may , upon thirty calendar days written notice to the
Recipient and upon the Recipient' s failure to cure within those thirty days, exercise any one or more of the following
remedies , either concurrently or consecutively :
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination . The notice shall be effective when placed in the United States, first class mail ,
postage
prepaid , by registered or certified mail -return receipt requested , to the address set forth in paragraph ( 13 ) herein ;
(b) Begin an 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) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws , rules and regulations governing the use of these funds .
(e) Exercise any corrective or remedial actions , to include but not be limited to :
I . request additional information from the Recipient to determine the reasons for or the extent of
non -compliance or lack of performance ,
2 . issue a written warning to advise that more serious measures may be taken if the situation is
not corrected ,
3 . advise the Recipient to suspend , discontinue , or refrain from incurring costs for any activities
in question , or
4 . require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible ;
( t) Exercise any other rights or remedies which may be otherwise available under law .
( g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity . If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient , it will not affect, extend or waive any other
right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department
for any
other default by the Recipient .
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( 12 ) TERMINATION
( a) The Department may terminate this Agreement for cause with thirty days written notice . Cause
can include misuse of funds , fraud , lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter,
or other
material subject to disclosure under Chapter 119 , Fla . Stat . , as amended .
(b ) The Department may terminate this Agreement for convenience or when it determines , in its sole
discretion , that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice .
(c ) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement . The amendment shall state the effective date of the termination and the procedures
for proper closeout of the Agreement.
(d ) In the event that this Agreement is terminated , the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination . The Recipient
will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination notice will
be disallowed . The Recipient shall not be relieved of liability to the Department because of any
breach of
Agreement by the Recipient. The Department may , to the extent authorized by law , withhold payments to
the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined .
( 13 ) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery , or first class, certified mail , return receipt requested , to the representative identified below at the address
set forth below or said notification attached to the original of this Agreement .
(b) The name and address of the Division contract manager for this Agreement is :
Tammy Anderson , Community Assistance Consultant
Florida Small Cities CDBG Program
Department of Economic Opportunity
107 East Madison Street — MSC 400
'Tallahassee, Florida 32399 -6508
Telephone : ( 850) 717 - 8425 — Fax : ( 850 ) 922 - 5609
Email : Tammy. Anderson@deo. myflorida . com
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(c ) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is :
Mr . Mike Hotchkiss
Capital Projects Manager
Indian River County
1801 27 'x' Street
Vero Beach , Florida, 32960
Telephone : ( 772 ) 226- 1821 - Fax : (772 ) 770- 5143
Email : mhotchkissa ircgov . com
(d ) In the event that different representatives or addresses are designated by either party
after
execution of this Agreement, notice of the name , title and address of the new representative will be provided
as
stated in ( 13 )(a) above .
( 14 ) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for approval . The Recipient agrees to include in the subcontract
that (i) the subcontractor is bound by the terms of this Agreement, ( ii) the subcontractor is bound by all applicable
state and federal laws and regulations, and ( iii ) the subcontractor shall hold the Department and Recipient harmless
against all claims of whatever nature arising out of the subcontractor' s performance of work under this Agreement,
to the extent allowed and required by law . The Recipient shall document in the quarterly report the subcontractor' s
progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288 .703 , Fla. Stat.
( 15 ) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties .
( 16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully .
( b ) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments , the language of the attachments shall control , but only to the extent of the conflict or inconsistency .
( c) This Agreement has the following attachments (check all that are applicable) :
® Exhibit 1 — Funding Sources
® Attachment A — Program Budget
® Attachment B — Program Statutes and Regulations
❑ Attachment C — Recordkeeping ( N /A )
® Attachment D — Reports
❑ Attachment E — Justification of Advance ( N /A )
® Attachment F — Warranties and Representations
® Attachment G — Certification Regarding Debarment
❑ Attachment H — Statement of Assurances ( N / A )
® Attachment I — Activity Work Plan
® Attachment J - Program and Special Conditions
® Attachment K — Civil Rights Compliance Assurance
® Attachment L — Signature Authorization Form
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( 17 ) FUNDING/CONSIDERATION
( a) The funding for this Agreement shall not exceed $750,000- 00, subject to the availability of funds .
(b) The Recipient agrees to expend funds in accordance with the Program Budget, Attachment A of
this Agreement, and the Subgrant Application .
(c) All funds shall be requested in the manner prescribed by the Department . The authorized
signatory for the Recipients set forth on the Signature Authorization Form , Attachment L to this Agreement, must
approve the submission of each Request for Funds ( RFFs ) on behalf of the Recipient .
(d ) Pursuant to 24 C . F . R . Section 570 .489( b) , pre- agreement costs reflected in the Subgrant
Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible
costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of the
Agreement .
(e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,
except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the
Department agrees to their eligibility , fundability , or addition to the Agreement, or a separate letter authorizing such
costs, are ineligible for funding with CDBG funds .
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 Budgeting, the State Chief Financial Officer, or under
subparagraph ( 19)(h ) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate , and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
( 18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of " Department of Economic Opportunity" and mailed directly to the Department at the following
address :
Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
107 East Madison Street — MSC 400
Tallahassee, Florida 32399 - 6508
In accordance with Section 215 . 34 ( 2) , Fla. Stat . , if a check or other draft is returned to the Department
for collection , Recipient shall pay to the Department a service fee of Fifteen Dollars ($ 15 . 00 ) or Five Percent
( 5 % )
of the face amount of the returned check or draft, whichever is greater .
( 19 ) MANDATED CONDITIONS
( a) The validity of this Agreement is subject to the truth and accuracy of all the
information ,
representations, and materials submitted or provided by the Recipient in this Agreement , in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement
.
All of said information , representations , and materials are incorporated by reference . The inaccuracy
of the
submissions or any material changes shall , at the option of the Department and with thirty days written notice to the
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9
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient .
(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 . If any provision
of this
Agreement is in conflict with any applicable statute or rule , or is unenforceable , then the provision shall be
null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any
other provision of this
Agreement .
( c ) Any power of approval or disapproval granted to the Department under the terms of
this
Agreement shall survive the term of this Agreement .
(d ) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original .
(e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law 101 -336 ,
42 U . S . C . Section 12101 et seq . ) and the Florida Civil Rights and Fair Housing Acts (sections 760 . 01
— 760 .37 ,
Florida Statutes), which prohibit discrimination by public and private entities on the basis
of disability in
employment, public accommodations , transportation , state and local government services, and telecommunications .
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any
goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction
or
repair of a public building or public work , may not submit bids on leases of real property to a public entity , may
not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity , and may not transact business with any public entity in excess of $25 ,000 . 00 for a period of 36 months
from
the date of being placed on the convicted vendor list or on the discriminatory vendor list .
( g) Any Recipient which is not a local government or state agency , and which receives finds under
this Agreement from the federal government, certifies , to the best of its knowledge and belief,
that it and its
principals :
1 . are not presently debarred , suspended , proposed for debarment, declared ineligible , or
voluntarily excluded from covered transactions by a federal department or agency ;
2 . have not, within a 3 -year period preceding this proposal been convicted of or had a
civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,
attempting to obtain , or performing a public ( federal , state or local ) transaction or contract under public transaction
;
violation of federal or state antitrust statutes or commission of embezzlement , theft, forgery , bribery , falsification or
destruction of records , making false statements , or receiving stolen property ;
3 , are not presently indicted or otherwise criminally or civilly charged by a governmental entity
( fcderal , state or local ) with commission of any offenses enumerated in paragraph 19( g)2 . of this certification ; and
4 . have not within a 5 -year period preceding this Agreement had one or more public transactions
( federal , state or local ) terminated for cause or default .
If the Recipient is unable to certify to any of the statements in this certification , then the Recipient
shall attach an explanation to this Agreement .
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In addition , the Recipient shall send to the Department ( by e-mail or by facsimile transmission
) the
completed "Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion" ( Attachment G )
for each intended subcontractor which Recipient plans to fund under this Agreement . Such form must be received
by the Department before the Recipient enters into a contract with any subcontractor.
(h ) The State of Florida' s performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216 ,
Fla .
Stat . or the Florida Constitution .
( i ) All bills for fees or other compensation for services or expenses shall be submitted in
detail
sufficient for a proper preaudit and postaudit thereof.
0 ) Any bills for travel expenses shall be submitted in accordance with Section 112 . 061 , Fla . Stat.
( k ) The Department of Economic opportunity reserves the right to unilaterally cancel this Agreement
if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject
to the
provisions of Chapter 119 , Fla . Stat. , which the Recipient created or received under this Agreement .
( 1 ) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department ' s obligation to pay
the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers , constituting a violation of the employment provisions contained in
8 U . S . C . Section 1324a(e) [Section 274A (e) of the Immigration and Nationality Act (" INA ")] . The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A ( e) of the INA .
Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall
be
grounds for unilateral cancellation of this Agreement by the Department .
( n ) The Recipient is subject to Florida ' s Government in the Sunshine Law (Section 286 . 011 , Fla.
Stat . ) with respect to the meetings of the Recipient' s governing board or the meetings of any subcommittee making
recommendations to the governing board . All of these meetings shall be publicly noticed , open to the public , and
the minutes of all the meetings shall be public records , available to the public in accordance with Chapter 119
, Fla .
Stat .
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department 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 Recipient certifies , by its signature to this Agreement , that to the best of his or her knowledge
and belief:
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I . No Federal appropriated funds have been paid or will be paid , by or on
behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency , a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into
of any cooperative agreement, and the extension , continuation , renewal , amendment or modification of any Federal
contract, grant , loan or cooperative agreement.
2 . If any funds other than Federal appropriated funds have been paid or will be paid to
any
person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form - LLL, " Disclosure
Form to Report Lobbying . "
3 . The Recipient shall require that this certification be included in the award documents for all
subawards ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements) and
that all subrecipients shall certify and disclose .
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 Section 1352 , Title 31 , U . S . Code . 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 .
(21 ) COPYRIGHT PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA .
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
( a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise .
( b ) If any discovery or invention is developed in the course of or as a result of work
or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name .
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals , films , or other copyrightable material are produced , the Recipient shall notify the
Department . Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida .
Rev . 10/ 3 /201 1
( c ) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright . The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed . Failure to disclose will indicate that no such property exists . The Department shall
then ,
under Paragraph ( b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22 ) LEGAL AUTHORIZATION ,
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
Rev . 10/ 3 /201 1 13
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number : 12DB- OH - ] 0-40-01 -N Ol
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month ,
and year set forth below .
Indian River County DEPARTMENT OF ECONOMIC OPPORTUNITY
By : �� Date : ak ( r�` By : Date : 2 o V?...--
(Authorize ignature) (Authorized Signature)
Name : -diary Gary C . Wheeler
Name : Ken Reecy
Title : Chairman , Indian River County Commision Title : Assistant Director,
••r•a •.. •�w Division of Community Develo ment
..•� v coM s.•
Federal Tax ID# : 59-6000674 •O' v ,� ' • M� �j+/�..,4
Oyu as
t 0 .�O e
DUNS# : 07 - 920- 8989
J
• �.
at 0
at
APPROVED AS TO ^�U ;�;:•'
AN EG L, SUFFI F_.
BY
WILLIA . D 8 L
DEPUTY COUNTY ATTORNF y
Rev . 10%3 /201 I 14
EXHIBIT — 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT :
Separately list the following information for each federal program figom which the resources awarded to the
Recipient originate:
Florida Small Cities Community
Development Block Grant Program
Federal agency U . S . Department of Housing and Urban
Development
Catalog of Federal Domestic Assistance title : Community Development Block
Grants/State ' s Program and
Nonentitlement Grants
Catalog of Federal Domestic Assistance # : 14 . 228
Award amount : $ 75000 . 00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT :
Separately list each applicable compliance requirement (eligible activities, service, or commodities ; eligible
recipients ; etc.) and specify to which federal program each requirement applies:
Compliance Requirement Program
1 . The Recipient will filly perform the obligations in accordance with the Small Cities CDBG
Program Budget, Attachment A of this Agreement, the subgrant application
incorporated herein by reference, and 24 CF. R, Subpart 1, Sections 570. 480
— 570. 497.
2 . The Recipient shall be governed by 290. 401 - 409, F. S. , Rule 9 B- 43, F. A . C.
and Federal Laws, rules and regulations, including hilt not limited to those
identified in Attachments B and J.
NOTE: Instead of listing the spec frc compliance requirements as shown above, the .State awarding agency mqv elect
to use language that requires the Recipient to comply with the requirements of applicable provisions of' specific
laws, rules, regulations, etc. Ilor example, for Federal Program 1 , the language mcry state that the Recipient must
comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how
eligibility determinations are to he made. The State awarding agency, if practical, ma_v want to attach a copy of the
specific law, rule, or• regulation referred to.
NOTE: For federal programs included in Exhibit 1 , Section . 400 (4) of OAIB Circular A - 133, as revised, cmd
for
state prOiects included in F__rhibit 1 , Section 215. 97(5) (x) , Florida Statute requires the information in Exhibit I to
be
provided to the Recipient.
Rev . 10 /3 /201 1 15
ATTACHMENT A
Program Budget
Rev . 10/3 /2011 16
i
Department of Economic Opportunity — Small Cities Community Development Block Grant Program
ATTACHMENT A — Program Budget 10/ 1 /2011
Recipient : Indian River County Contract Number: 12DB -0H -10 =40 -01 = N 01
Activity Accomplishments Beneficiaries Budget
Activity CDBG Subtotal of Other Source Program
Description Unit Number LMI VLI Total
Number Amount Activity' Funds2 #2 Income
21A Administration $60 , 000
03J Sewer Lines and Components LF 4000 122 72 123 $670 , 000
031 Flood and Drainage LF 1000 86 62 86 $ 20 , 000 $690 , 000 1
03J Sewer Hook Ups Unit 53 122 72 123 $ 125 , 000 SHIP
I
i
I
i
Totals $750 , 000 $ 125 , 000
' For an activity number that has multiple functions (for example , 03J -Sewer Lines , 03J -Hookups and 03J -Water Lines , add a
line 03J -Subtotal and then add up the
amounts and show it in the subtotal column ) .
z Show the sources and amounts of " Other Funds " below.
1 . State Housing Initiative Program $ 125 , 000 4 . $
2 . $ 5 . $
3 . $ 6 . $
ATTACHMENT B
State and Federal Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that it will comply with the following
applicable federal and state requirements :
State and Federal Statutes and Regulations
1 . Community Development Block Grant, 24 CFR 18 . Florida Coastal Zone Protection Act, § 161 . 52 - 161 . 58 ,
Part 570 , Subpart I ; F . S . ;
2 . Florida Small and Minority Business Act, § 288 . 702 - 19 . Reservoir Salvage Act;
288 . 714 , F . S . ; 20 . Safe Drinking Water Act of 1974 , as amended ;
3 . Administrative Requirements for Grants, 24 CFR 21 . The Federal Water Pollution Control Act of 1972 , as
Part 85 ; amended (33 USC , § 1251 et . seq . ) ;
4 . Local Government Comprehensive Planning and Land 22 . Clean Water Act of 1977 ;
Development Regulation Act, Chapter 163 , F . S . ; 23 . Davis - Bacon Act - sets requirement for paying
5 . Title I of the Housing and Community Development prevailing wages on Federally funded projects;
Act of 1974 , as amended ; 24 . Contract Work Hours and Safety Standards Act of
6 . Treasury Circular 1075 regarding drawdown of CDBG 19625 40 USC § 327 et, seq . ;
funds ; 25 . The Solid Waste Disposal Act, as amended by the
7 . Sections 290 . 0401 -290 . 049 , F . S . ; Resource Conservation and Recovery Act of 1975
8 . Rule Chapter 913 -43 , Fla . Admin . Code ; ( 42 USC , § 6901 et. seq . ) ;
9 . CDBG Technical Memorandums ; 26 . Architectural Barriers Act of 1968 , 42 USC 4151 ;
10 . HUD Circular Memorandums applicable to the Small 27 . Cost- Effective Energy Conservation Standards ,
Cities CDBG Program ; 24 CFR Part 39 ;
11 . Single Audit Act of 1984 ; 28 . Federal Fair Labor Standards Act, 29 USC, § 201 et.
12 . Environmental Review Procedures 24 CFR Part 58 ; seq . ;
13 . Environmental Criteria and Standards 24 CFR Part 51 ; 29 . Uniform Relocation Assistance and Real Property
14 . Floodplain/ Wetland Management 24 CFR Part 55 and Acquisition Policies Act of 1970 , P . L . , 100- 17 , and
Executive Orders 11988 ( Floodplain Management) 49 CFR Part 24 ;
and 11990 ( Protection of Wetlands) ; 30 . Copeland Anti - Kickback Act of 1934 ;
15 . National Environmental Policy Act of 1969 and other 31 . Hatch Act of 1939 , as amended ;
provisions of law which further the purpose of this act ; 32 . Title IV Lead- Based Paint Poisoning Prevention Act
16 . National Historic Preservation Act of 1966 ( Public (42 USC , § 1251 et. seq . ) ;
Law 89-665 ) as amended and Protection of Historic 33 . OMB Circulars A - 87 , A- 102 , A - 122 , and A - 133 , as
Properties ( 24 CFR Part 800) and other provisions of revised ;
law which further the purpose of this act; 34 . Section 102 of the Department of Housing and Urban
17 . Preservation of Archaeological and Historical Data Development Reform Act of 1989 and 24 CFR Part 12 .
Act of 1966 ;
Rev . 3123 ,12011 18
ATTACHMENT C
Recordkeeping
N/A
Rev . 3 //23 /201 1 19
ATTACHMENT D
Reports
The following reports must be completed and submitted to the Department in the time frame indicated . Failure to
timely file these reports constitutes an event otdetault, as defined in Paragraph ( 10 ) of this Agreement .
I . The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15
annually . The form must reflect all contractual activity for the period . If no activity has taken place during
the
reporting period , the form must indicate "no activity " .
2 . A Quarterly Progress Report must be submitted to the Department fifteen ( 15 ) days after the end of the
quarter
on the report form provided by the Department : April 15 , July 15 , October 15 and January 15 .
3 . The Administrative Closeout Package must be submitted to the Department forty -five (45 ) days
after the
Agreement termination date .
4 . In accordance with OMB Circular A - 133 , revised , should the Recipient meet the threshold for submission of a
single or program specific audit, the audit must be conducted in accordance with OMB Circular
A - 133 and
submitted to the Department no later than nine (9) months from the end of the Recipient' s fiscal
year. If the
Recipient did not meet the audit threshold , a certification must be provided to the Department no later than nine (
9)
months from the end of the Recipient ' s fiscal year.
5 . The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually . The
form must be used to report annual accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet Section 3 requirements .
6 . Request for Funds must be submitted as required by the Department of Economic Opportunity .
Rev . 3 / 23 /201 1 20
ATTACHMENT E
Justification of Advance Payment
N/A
Rev . 3 /23 /2011 21
ATTACHMENT F
Warranties and Representations
Financial Management
Recipient ' s financial management system must 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 . Recipient
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 Payment . 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
applicable OMB cost principles and the terms and conditions of this Agreement.
( 6) Cost accounting records that are supported by backup documentation .
Competition
All procurement transactions shall be done in a manner to provide open and free competition . The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade . In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications , requirements , statements of work , invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements . Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
to the
Recipient, considering the price, quality and other factors . Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient . Any and
all bids or
offers may be rejected if there is a sound , documented reason [ See 24 CFR § 85 . 36 (d )(2 )( ii ) E] .
Rev . 3/23/201 1 22
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts . No employee, officer, or agent shall participate in the selection , award ,
or
administration of a contract supported by public grant funds if a real or apparent conflict of interest
would be
involved . 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 the firm selected for an award . The officers, employees , and agents of the
Recipient
shall neither solicit nor accept gratuities , favors, or anything of monetary value from contractors or
parties to
subcontracts . The standards of conduct shall provide for disciplinary actions to be applied for violations of
the
standards by officers, employees , or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public , and at
least one
employee on site at all reasonable times for business . " Reasonable" shall be construed according to circumstances,
but ordinarily shall mean normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local time, Monday through Friday .
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient .
Rev , 3 /23 /201 1 ? 3
ATTACHMENT G
Certification Regarding
Debarment, Suspension , Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
( 1 ) The prospective subcontractor of the Recipient, ( name of subcontractor), certifies, by submission of this
document, that neither it nor its principals is presently debarred , suspended , proposed for debarment, declared
ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency .
(2 ) Where the Contractor ' s subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form .
( Sub-Contractor' s Name) ( Recipient ' s Name)
Date :
(Authorized Signature)
( Print Name and Title) ( DEO Contract Number)
( Street Address )
(City , State, Zip)
Rev . 3 /23 /2011 24
ATTACHMENT H
Statement of Assurances
N/A
Rev . 3 /23 /2011 25
ATTACHMENT
Activity Work Plan
Rev . 3 ,12312011 26
Department of Economic Opportunity — Small Cities Community Development Block Grant Program
ATTACHMENT I — Activity Work_ Plan 11 / 1 /2.011
Recipient : Indian River County Date Prepared : January 12 , 2012
Contract Number : 12DB -0H - 10 -40 -01 = N01 Project Budget : $ 750 , 000 . 00
Describe Proposed Action to be completed by the " Date End . "
Examples of Actions : Complete Environmental Review and Obtain Release of Funds, # Units to Proposed $ $ Proposed
Dat7e Start Date End Request Wage Decision, Complete and Submit Design and Specifications, Advertise be Administration
( month/year) ( m be for and Open Bids, Issue Notice to Proceed, % Construction
Completion 33, 66, and completed to be
p ( Requested by $$ to be
100%), Complete Procurement Process, Advertise Availabilit of Housing Rehabilitation b " Date q y
Y g End " " Date End " R" Date End "
Funds, Complete Rankings of Homes per HAP, and Number of Houses Rehabilitated,
I
01 /2012 03/2012 Complete Environmental Review and obtain Release of Funds
$ 5 , 000 . 00
! 04/2012 06/2012 Develop project files , complete and submit design and specifications and permits @
50 % $30 , 000 . 00 $5 , 000 . 00
07/2012 09/2012 Surveys , design and specifications , permitting 100 % complete , review and approve bid
documents
$30 , 000 . 00 $5 , 000 . 00
10/2012 12/2012 Request wage decision and advertise and open bids
$ 5 , 000 . 00 $ 10 , 000 . 00
01 /2013 03/2013 Award Contract and issue Notice to Proceed
$5 , 000 . 00 $5 , 000 . 00
I
04/2013 05/2013 Construction @ 33 % complete 33 % of
CDBG $230 , 000 . 00 $ 5 , 000 . 00
contract
06/2013 07/2013 Construction @ 66 % complete 66 % of
CDBG $ 155 , 000 . 00 $ 10 , 000 . 00
contract
08/2013 09/2013 Construction @ 100 % complete 100 % of
CDBG $ 155 , 000 . 00 $ 10 , 000 . 00
contract
10/2013 10/2013 Finalize contractor payments
$ 80 , 000 . 00 $3 , 000 . 00
11 /2013 12/2013 Submit administration closeout
' I
$27000 . 00
I
TOTALS
t� 1 $6907000 . 00 $605000 . 00
Note : More than one activity may be included per form .
ATTACHMENT J
Program, Category Specific, and Special Conditions
1 . The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the contracted budget/activity line items as defined on Attachment A
( Program Budget) and Attachment I ( Activity Work Plan ) .
2 . No costs may be incurred prior to the effective date of this Agreement, except for those eligible
application
preparation costs outlined in the original Subgrant Application submitted to the Department, unless
pre-
agreement costs were approved in writing by the Department.
3 . For each procured and executed professional services contract for which CDBG funding will be requested , the
Recipient shall submit a copy of the following procurement documents :
a . When publication of the RFP is used as a means of solicitation , a copy of the advertisement, including
an
affidavit of publication ;
b . List of entities to whom a notification of the request for proposals was provided by
mail or fax ( if
applicable) ;
C , For engineering contracts , a list of firms that submitted a proposal (only if short- listing procedure
was
used ) ;
d . Completed short- listing evaluation/ranking forms , including any ranking summary document, and
document transmitting the short- listed firms to the commission (only if short- listing procedure used ) ;
e . Completed and signed final evaluation/ranking forms ;
fe Commission minutes approving contract award ;
g. Cost breakout from selected firm used for completion of the cost analysis ( if pricing information was not
submitted with proposals ) ;
h . Contract (signed or proposed) ;
i . Truth - in -Negotiation certification ( if not in the contract) for engineering contracts over $ 150, 000 ;
j . If a protest was filed , a copy of the protest and documentation of resolution ;
k . A request for the Department ' s approval of a single source procurement if only one firm was considered
and the contract exceeds $25 , 000 . Additionally , the Recipient shall not enter into a contract to be paid with
CDBG funds based on a sole source or single proposal procurement without prior written approval from the
Department. Failure to secure prior written approval shall relieve the Department of any obligation to fund
the said procurement contract. Any previous payments to the Recipient to fund said contract shall be
ineligible and shall be repaid to the Department by the Recipient.
I . If a regional planning council or local government is performing administration services , the Recipient
shall submit only a copy of the contract and cost analysis information ; and
In . If professional services procurement will not be undertaken , advise the Department in writing no later than
90 days from the effective date of this agreement .
4 . Prior to the obligation or disbursement of any funds, except for administrative expenses for all subgrants other
than Economic Development subgrants , not to exceed five thousand dollars ( $ 5 , 000) , and for
Economic
Development Grants , not to exceed eight thousand dollars ( $ 8 , 000 ) , but in any case , no later than ninety
( 90 )
days from the effective date of this Agreement , the Recipient shall complete the following :
Rev . 3 /23 /2011 18
a . Submit and obtain the Department ' s approval of the documentation required in paragraph 3 above for any
professional services contract. The Recipient proceeds at its own risk if more than the specified amount is
incurred before the Department approves the procurement . If the Department does not approve the
procurement of a professional services contract, the local government will not be able to use CDBG funds
for that contract beyond $5 , 000 ( $ 8 , 000 for Economic Development) .
b . Comply with procedures set forth in 24 C . F . R . Part 58 , Environmental Review Procedures for
Title
Community Development Block Grant Programs and 40 C . F . R . Section 1500- 1508 , National
Environmental Policy Act Regulations . When this condition has been fulfilled to the satisfaction of the
Department, the Department will issue a Notice of Removal of Environmental Conditions ,
5 . The Recipient shall obtain approval from the Department prior to requesting CDBG funds for engineering
activities and costs which are additional engineering as defined in Rule 96-430031 ( 1 ), Florida Administrative
Code .
6 . Should the recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 ( URA ), the Recipient shall document completion of the acquisition
by
submitting all documentation required for a desk monitoring of the acquisition , including notice to property
owners of his or her rights under URA , 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 the
Department can determine whether remedial action may be needed .
7 . The Recipient shall , prior to the disbursement of any CDBG administrative funds exceeding $ 15 , 000, provide to
the Department a copy of all engineering specifications and construction plans , if required , for the activities
described in the Agreement . The Recipient shall also furnish the Department, prior to soliciting bids
or
proposals, a copy of bid documents for services and/or materials to provide those services and/or materials for
construction activities when the bids are expected to exceed $25 , 000 . Additionally, the Recipient shall not
publish any request for bids for construction purposes or distribute bid packages until the Department
has
provided its written acceptance of the engineering specifications, construction plans, and bid documents .
8 . The Recipient shall undertake an activity each quarter to affirmatively further fair housing
pursuant to
24 C . F . R . Section 570 .487(b)(4 ) .
9 . All leveraged funds shall be expended concurrently and , to the extent feasible , proportionately
with the
expenditure of CDBG funds for the same activity . The Recipient shall document the expenditure of leveraged
funds required for the points claimed in the application as it may have been amended through the completeness
process and as reflected on Attachment A of this Agreement. Except for the CDBG portion of the cost of post-
administrative closeout audits, all funds claimed for leverage shall be expended after the date of site visit and
prior to submission of the administrative closeout.
10 . The resulting product of any activity funded under this Agreement as amended shall be ineligible
for
rehabilitation or replacement with CDBG funds for a period of five ( 5 ) years .
11 . A deed restriction shall be recorded on any real property or facility , excluding easements, acquired with CDBG
funds . This restriction shall limit the use of that real property or facility to the use stated
in the sub-grant
application and that title shall remain in the name of the Recipient . Such deed shall be made a part of the public
records in the Clerk of Court of the county in which the real property is located . Any future disposition of
that
real property shall be in accordance with 24 C . F . R . Section 85 . 31 . Any future change of use
shall be in
accordance with 24 C . F . R . Section 570 . 489(1 ) .
12 . For structures constructed prior to 1978 , the Recipient shall provide that appropriate abatement procedures will
be undertaken should lead - based paint be found on a structure scheduled for rehabilitation in whole or in part
with CDBG funds and that the owners and/or occupants of the building will be advised :
a . The property may contain lead - based paint ;
Rev . 3 /23 /201 1 19
b . The hazards of lead - based paint ;
C , The symptoms and treatment of lead poisoning ;
d . The precautions to be taken to avoid lead -based paint poisoning ( including maintenance and removal
techniques for eliminating such hazards) ;
e . The need for and availability of blood lead - level screening for children under seven years of age ; and
13 . The Recipient shall comply with the historic preservation requirements of 24 C . F . R . 58 . 17 and the Secretar
of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
14 . Pursuant to Section 102( b) , Public Law 101 -235 , 42 U . S . C . Section 3545 , the Recipient shall update and submit
Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which
would require that updates be prepared . The Recipient must disclose :
a. All developers, contractors, consultants, and engineers involved in the application or in the
planning,
development, or implementation of the project or CDBG funded activity ; and
b . Any person or entity that has a financial interest in the project or activity that exceeds
$ 50, 000 or ten
percent ( 10%) of the grant, whichever is less .
15 . A final Form HUD 2880 , if required , shall be provided to the Department with the request for administrative
closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout.
16 . Conflicts of interest relating to procurement shall be addressed pursuant to 24 C . F . R. Section
570 . 489(g) .
Conflicts of interest relating to acquisition or disposition of real property ; CDBG financial assistance
to
beneficiaries, businesses, or other third parties ; or any other financial interest, whether real or perceived , shall
be addressed pursuant to 24 C. F . R . Section 570 . 489( h ) .
17 . Any payment by the Recipient using CDBG 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 the Department prior to distribution of the funds . Should the Recipient fail to
obtain Department pre-approval , any portion of the cost of the acquisition exceeding Fair Market Value shall
not be paid or reimbursed with CDBG funds .
18 . The Recipient 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 the
Department with administrative closeout documents .
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 .
Rev . 3 /23 /2011 30
For Neighborhood Revitalization Grants Only
I . If the Recipient is undertaking the installation of water lines with CDBG funds for the
purpose of fire
protection , those lines shall only be converted to a potable water distribution system if the housing units of all
low and moderate income families in the service area are hooked up to the potable water system at no cost
to
low and moderate income households . These hookups must be accomplished prior to or concurrent with
conversion of the water lines to a potable water distribution system .
2 . Recipients are responsible for verifying and maintaining documentation verifying that households receiving
direct benefit, in the form of hookups to potable water and/or sewage collection lines , meet
program
requirements regarding the low-to- moderate income national objective. The homeowner tiles must be
maintained locally and at a minimum contain the following :
a . The name of the owner, the address of the property , and family size ;
b . The method and source documentation used to verify household income;
C , Documentation that the income of the household is below Section 8 income limits based on family size ;
d . The method and source documentation used to verify of home ownership ; and
e . If rental property is involved, an acceptable five-year written agreement with the owner(s) related
to
affordability and subsequent rate increases .
The information must be maintained for review and verification during on -site monitoring visits .
3 . The following data will be provided by housing unit in the administrative closeout for each activity providing
direct benefit ( i . e . , housing rehabilitation , temporary relocation , hookups, etc .) and must be summarized
by
activity .
a. Name of each recipient and address of each housing unit rehabilitated with CDBG funds, the date
the
construction was completed on the housing unit, and the amount of CDBG funds spent on that housing
unit;
b . Whether the household head is female, the number of handicapped persons in the household , the number of
elderly persons in the household , and the LMI or VLI status of the household ;
C , The number of occupants in the household , categorized by gender ; and
d . The racial demographics and ethnicity of the household by number (white, African American , American
Indian or Alaskan Native , Native Hawaiian Pacific Islander, American Indian or Alaskan Native and white,
Asian and white, African American and white, American Indian/Alaskan Native and African American ,
other multi - racial or Hispanic ) .
Special Conditions
I . The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion .
Within 180 days of the subgrant award , the Recipient shall complete the following activities :
a . Submit the environmental assessment for review and obtain the release of funds ;
b . Request approval for all professional service contracts ;
C ' Submit an initial request for funds for administration , if applicable ;
d . Request wage decision ( s) for anticipated construction activities ;
C , For Housing subgrants , beneficiaries shall be identified ; and
f. For Commercial Revitalization subgrants , identify all facades to be renovated .
Rev . 3 /23 /2011 31
If the Recipient does not comply with all applicable criteria listed above, a justification for the delay and a plan
for timely accomplishment must be submitted to the Department . The Department shall rescind any subgrant
for which the Recipient has not completed activities aJ if it cannot provide adequate justification for the delay .
2 . If necessary , the Recipient shall retain sufficient administration funds to ensure Internet access , including email ,
for the duration of the contract , including any time extensions . If the Recipient does not already
have a
computer designated to the person responsible for grant oversight, which is located in the program office and
capable of Internet access, administrative funds may be used as needed to obtain , at reasonable cost, a computer
to allow Internet access .
Rev . 3 /23 /201 1 32
ATTACHMENT K
Civil Rights Compliance Assurance
Fair Housing
As a condition for the receipt of Small Cities Community Development Block Grant funds , each recipient must
certify that it will " affirmatively further fair housing " in its community . A recipient shall demonstrate its
commitment to affirmatively further fair housing by implementing the actions listed below .
Each recipient shall do the following :
1 ) Have in place a fair housing resolution or ordinance that covers all federally protected classes [ race, color,
familial status , handicap, national origin , religion , and sex] ;
2 ) Publish quarterly a phone number that people can call to ask fair housing questions or register a complaint;
3 ) Designate an employee who is available Monday through Friday during regular business hours to receive
fair housing calls ;
4 ) Establish a system to record the following :
a) The nature of the calls,
b) The actions taken in response to the calls , and
c) The results of the actions taken , and
d) The end results of referrals to other agencies, when applicable ;
5 ) Conduct at least one fair housing activity each quarter. Identical activities shal I not be conducted in
consecutive quarters . ( See examples below . ) , and
6) Display a fair housing poster in the CDBG Office . (This does not count as an activity . )
The fair housing contact person is expected to have received training so that they can handle fair housing phone
inquires or to 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 :
• Presentations at schools , civic clubs, and neighborhood associations,
• Distributing fair housing materials at libraries, fairs , and businesses,
• Print a fair housing notice on utility bills mailed to residents , and
• Conducting fair housing workshops for city/county employees, realtors , bank and mortgage company
employees, insurance agents, and apartment complex owners .
Recipients shall document the fair housing activities and include information about the activities in the comment
section of their quarterly report.
Equal Employment Opportunity
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it and the contractors that it hires with CDBG funds will abide by the Equal Employment Opportunity
Laws of the United States . A recipient shall demonstrate its commitment to abide by the laws through the actions
listed below .
Each recipient shall do the following :
I ) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and
employees and the applicants and employees of its contractors 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 ) Publish quarterly a phone number that residents can call to ask equal employment opportunity questions or
register a complaint ;
Rev . 3 /23 /2011 33
3 ) Designate an employee who is available Monday through Friday during regular business hours to receive
equal employment opportunity calls ; and
4 ) Establish a system to record the following :
a) The nature of the calls ,
b) The actions taken in response to the calls, and
c ) The results of the actions taken ;
Each recipient shall maintain a list of certified minority - and women -owned businesses that operate in its region .
The recipient shall use this list to solicit businesses to bid on CDBG - funded activities and shall provide a copy of
the
list to prime contractors to use when they hire subcontractors . The Department of Management Services maintains a
list of certified minority - and women -owned businesses that can be used for this purpose at the following website :
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it provides access to all Federally funded activities to all individuals, regardless of handicap . A recipient
shall demonstrate its commitment to abide by the laws through the actions listed below .
Each recipient shall do the following :
1 ) Have in place 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 ) Publish a phone number that residents can call to ask questions or register a complaint related to Section
504 or the Americans with Disabilities Act;
3 ) Designate an employee who is available Monday through Friday during regular business hours to receive
calls ; and
4) Establish a system to record the following :
a) The nature of the calls,
b) The actions taken in response to the calls, and
c) The results of the actions taken .
The 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 recipient of Federal financial assistance may not, on the basis of disability :
• Deny qualified individuals the opportunity to participate in or benefit from federally funded programs ,
services, or other benefits,
• Deny access to programs, services , benefits or opportunities to participate as a result of physical barriers, or
• Deny employment opportunities , including hiring, promotion , training, and fringe benefits, for which they
are otherwise entitled or qualified .
The ADA (Title 11 , 28 CFR Part 35 , and Title III , 28 CFR Part 36 ) prohibits 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
Rev . 3 /23 /201 1 34
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 111 ,
Section 3 - Economic Opportunities for Low- and Very Low- Income Persons
Each recipient shall encourage its contractors to hire qualified low and moderate income residents for any job
openings that exist on CDBG - funded projects in the community . The recipient and its contractors shall keep records
to document the number of low and moderate income people who are hired to work on CDBG - funded projects . The
number of low and moderate income residents who are hired to work of the project shall be reported in the comment
section of the quarterly report .
The following clause from 24 CFR Part 135 . 38 is required to be included in CDBG - funded contracts of $ 100 , 000 or
more .
Section 3 Clause.
A . The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968 , as amended , 12 USC § 1701 u ( Section 3 ) . The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered 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 135 , which implement
Section 3 . As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the Part 135
regulations .
C . The contractor agrees to send to each labor organization or representative of workers with which the contractor
has a collective bargaining agreement or other understanding, if any , a notice advising the labor organization or
workers ' representative of the contractor's commitments under this Section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions , the qualifications for each ;
and the name and location of the person(s) taking applications for each of the positions ; and the anticipated date
the work shall begin .
D . The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR Part 135 , and agrees to take appropriate action , as provided in an applicable provision of
the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR part 135 . The contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135 .
E . The contractor will certify that any vacant employment positions , including training positions, that are filled ( 1 )
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities to be directed , were not filled to
circumvent the contractor's obligations under 24 CFR Part 135 ,
F . Noncompliance with HUD ' s regulations in 24 CFR Part 135 may result in sanctions , termination of this contract
for default, and debarment or suspension from future HUD assisted contracts .
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 ) .
Rev . 3 /23 /2011 35
Civil Rights Statutes
As a condition for the receipt of Small Cities Community Development Block Grant funds, each recipient must
certify that it will abide by the following Federal laws and regulations :
I . Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal
funding ;
2 . Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color,
religion , sex , or national origin ;
3 . Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988 ) ;
4 , 24 CFR § 570 .487( b ) — Affirmatively Furthering Fair Housing ;
5 , 24 CFR § 570 . 490( b) — Recordkeeping Requirements ;
6 , 24 CFR § 570 . 606( b) — Relocation assistance for displaced persons at URA levels ;
7 . Age Discrimination Act of 1975 ;
8 . Executive Order 12892 — 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
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 — Non -discrimination ; and
13 . Section 3 of the Housing and Urban Development Act of 1968 , as amended — Employment/Training of Lower
Income Residents and Local Business Contracting.
I hereby certify that Indian River County shall comply with all of the provisions and Federal
regulations listed in this attachment.
By Date :
(Authoriz ignature)
Name : Bab-S� Gary C . Wheeler
"""ft&MJ. • .
"toMM/ SS/
1`` • • G
Title : Chairman , Indian River County Commission l+p0* .
� r
APPROVED AS TO FOR
AA L S FF C F 00)
l "• fR COU .••
r..d
WILILIAM K. DF. BRAAL
0EPU7" f COUNTY ATTORN) k_ ' '
Rev . 3/23/201 1 36
ATTACHMENT L
Signature Authorization Form
Rev . 3 /23 /201 1 37
Department of Economic Opportunity - Small Cities Community Development Block Grant Program
ATTACHMENT L - Signature Authorization Form 10/ 1 /2011
Submit an original Signature Authorization Form with each copy of the contract.
Use the tab key to move between form fields when completing the form electronically.
Recipient : Contract Number : Funding Source .-
Indian
ource :Indian River County 12DB- OH - 10 -40-01 - N01 ® Small Cities
CDBG
❑ Disaster ❑ NSP
Mailing Address ( Street or P . O . Box ) : 1801 27"' St . Local Government DUNS # :
City , State , and Zip Code : Vero Beach , FL 32960 079208989
Project Contact Person : Telephone Number : E - mail Address :
Michael C . Hotchkiss ( 772 ) 226- 1821 Ext : mhotchkiss@ircgov . com
Financial Contact Person : Telephone Number: E - mail Address :
Edward Halsey ( 772 ) 226- 1205 Ext : ehalsey@clerk . indian - river . org
Other Local Government Contact : Telephone Number: E-mail Address :
W . Erik Olson ( 772 ) 226 - 1834 Ext : eolson@ircgov . com
Requests for Funds ( RFFs ) require (check one) : ® one signature ❑ two signatures of individuals authorized
below . RFFs must be submitted via the Department ' s website at httr) : //ecdbq . doe . myflorida . com/ ( or by an
alternative means specified by the Department) Signatures must be hand dated .
1 04
Name Typed : Michael C . Hotchkiss Date : � - /2 - / 2
Signature
® Check here if above person is authorized ov . com E- mail Address : mhotchkiss@ircgov . com
to submit RFFs . @ 9
Name Typed : Erik Olson Dated \ �- - ----
Si natur
® Check here if above person is authorized ov . com E-mail Address : eolson@ircgov . com
to submit RFFs . @ 9
Name Typed : Date :
Si nature
❑ Check here if above person is authorized E -mail Address :
to submit RFFs .
Name Typed : Date :
Signature n.
❑ Check here if above person is authorized E - mail Address : . • • • • • NFRS•ti
to submit RFFs . 0 :.••
I certify , as the recipient' s Chief Elected Official , that the above signatures are of the indi uth d Is
•�s
to sign Requests for Funds and to submit RFF ' s electronically . • 4:
ta � _
Typed Name : Gary C . Wheeler Date : /" /A / 2, ease
Signature
® ••
Check here if your local government utilizes Electronic Funds Transfer FT) from the State o • • .tom � K 7
+..,t! RIVER
® Check here if your local government will be working on a reimbursement basis .
❑ If this signature authority form pertains to a housing grant , check here if your local government will use an
escrow account for housing activities .
CDBG payments to local governments using EFT are automatically deposited in the local government ' s general
account . If the account is interest bearing , the CDBG funds must be transferred to a non - interest bearing account .
Please call the CDBG Program at 850/922 - 1878 or 487 - 3644 if you have questions . You can check the status of
your deposit at the Comptroller' s website : http : //flair . dbf. state . fl , us/.
Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non - interest bearing account .
Provide account information for the financial institution ( insured by FDIC ) below . All signatures on the account must be
bonded .
Name of Financial Institution : Wells Fargo Bank , N . A . Account Number: 2000044270289
Address : 1001 20th Place Telephone Number : ( 772 ) 569 - 5500
City , State and Zip Code : Vero Beach , FL 32960