HomeMy WebLinkAbout2015-231 STATE:OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Contract Number 16DB-OK-10-40-01-N 05
CFDA Number- 14.228
Chapter 73C-23, Florida Administrative Code (F.A.C.)
Effective: April 21,2015
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FEDERALLY-FUNDED
SUBGRANT AGREEMENT—FFY 2014 FUNDING CYCLE
Neighborhood Revitalization
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THIS AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity,with
headquarters in Tallahassee,Florida (hereinafter referred to as "DEC)"), and Indian River County, hereinafter referred to
as the 'Recipient" (each individually a "Party"and collectively"the Parties").
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. DEO 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. DEO has statutory authority to disburse the funds under this Agreement.
THEREFORE,DEO 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 B of this Agreement; the Project Narrative from the Recipient's FFY2014
Application for Funding,Attachment C of this Agreement; and Parts 2,7,and 9 of the Florida Small Cities Community
Development Block Grant(CDBG) FFY2014Application for Funding submitted by the Recipient on June 19,2015.
Future modifications to this Subgrant Agreement that are agreed upon by both Parties shall be included in the Scope of
Work.
(2) Incorporation of Laws, Rules, Regulations and Policies
The Recipient and DEO shall be governed by applicable State and Federal laws,rules and regulations,including those
identified in Attachments E and F
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(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 (13)Termination,of this I,
Agreement.Any extension to this Agreement will not be granted unless the Recipient is able to provide substantial
justification and the DEO Community Development Division Director approves such extension.
(4) Modification of Agreement
Either Party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be
valid only when in writing,in compliance with rule 73C-23.0051(4), F.A.C. (which is incorporated herein by reference),
signed by each of the Parties, and attached to the original of this Agreement.
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(5) Records
(a) As applicable, the Recipient's performance under this Agreement shall be subject to Title 2, Code of
Federal Regulations (C.F.R.), part 200— Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal A wards.
(b) Representatives of DEO, the Cluef Financial Officer of the State of Florida, the Auditor General of the State
of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the
Federal government and their duly authorized representatives shall have access to any of the Recipient's books,
documents,papers,and records,including electronic storage media,as they may relate to this Agreement, for the
purposes of conducting audits or examinations or making excerpts or transcriptions.
(c) The Recipient shall maintain books,records, and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by
DEO under this Agreement.
(d) The Recipient will provide a financial and compliance audit to DEO,if applicable, and ensure that all related
party transactions are disclosed to the auditor. r
(e) The Recipient 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(as defined in rule 73C-23.0031(1$),F.A.C.)
for this award. The Recipient shall ensure that audit working papers are available upon request for a period of six (6)
years from the date this Agreement is final closed,unless extended in writing by DEO. 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- 4,
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 five thousand doflars ($5,000
or more at the time it is acquired 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.
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(� The Recipient shall maintain all records and supporting documentation for the Recipient and for all
subrecipients, contractors, subcontractors, and 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 Scope of Work and all other applicable laws and regulations.
(g) The Recipient,its employees or agents,including all subrecipients, contractors, subcontractors, and
consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
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Florida, the Florida Office of Program Policy Analysis and Government Accountabihty or representatives of the
Federal government and their duly authorized representatives. "Reasonable" shall ordinarily mean during normal
business hours of 8:00 a.m. to 5:00 p.m.,local time, on Monday through Friday.
(h) The Recipient shall include the aforementioned audit and record keeping requirements in all approved
subrecipient subcontracts and assignments.
(6) Audit Requirements
(a) Review the Audit Requirements listed in Attachment I of this Agreement. For local government fiscal years
beginning after December 26, 2014, a Recipient will not have to have a single or program-specific audit conducted in
accordance with the provisions of 2 C.F.R. part 200 unless it expends seven hundred fifty thousand dollars ($750,000)
or more in Federal awards during its fiscal year
(b) The requirements hsted in Attachment 1,Part II. State Funded, are not applicable to this subgrant
agreement,which is a Federal pass-through award.
(c) Within sixty(60) calendar days of the close of the fiscal year, on an annual basis, the Recipient shall
electronically submit a completed Audit Compliance Certification, a blank version of which is attached hereto as
Attachment J,to audit@deo.myflorida.com. The Recipient'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 Recipient.
This form is in addition to the Audit Certification Memo that must be sent to DEO if an audit is not required
because the local government spent less than seven hundred fifty thousand dollars ($750,000)in Federal funds during
the fiscal year.
(d) In addition to the submission requirements listed in Attachment I,each Recipient should send an electronic
copy of its audit report or an Audit Certification Memo, Form SC-47, by June 30 following the end of each fiscal
year in which it had an open CDBG subgrant to its grant manager at the following address to ensure that it does not
incur audit penalty points:
Email: Mona.Wood@deo.myflorida.com
Please note that Form SC-47, and other such Forms referenced in this Agreement, are incorporated herein by
reference,and are available either on DEO's Small Cities CDBG Program website at
http://www.Flonda-lobs.orgZCDBGRecioientInfo or upon request from the CDBG program office. �I
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(7) Reports
(a) Reports must be completed and provided to DEO in compliance with this Agreement and rule
73C-23 0051(5) and (6)(a), F A.C., which is incorporated herein by reference.
(b) The Recipient shall provide DEO with quarterly reports and an administrative closeout 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 DEO.
(c) A Quarterly Progress Report,Form SC-65,is due to DEO no later than fifteen (15) calendar days after the
end of each quarter of the program year and shall be sent each quarter until submission of the Administrative
Closeout Report,Form SC-62. The ending dates for each quarter of the program year are March 31,June 30,
September 30 and December 31.
(d) The Administrative Closeout Report, Form SC-62,is due forty-five (45) calendar days after termination of
this Agreement or forty-five(45) calendar days after completion of the activities contained in this Agreement,
whichever first occurs. The subgrant agreement closeout package must be submitted to DEO in compliance with
rule 73C-23.0051(5),F.A.C.
(e) If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO,
payments may be withheld until the reports are properly completed, or DEO may take other action as stated in
Paragraph (11) Remedies or otherwise allowable by law. "Acceptable to DEO"means that the work product was
completed in accordance with the terms of this Agreement,particularly the Scope of Work, and all applicable law.
(f) The Recipient shall provide additional program updates or information that may be required by DEO.
(g) The Recipient shall provide additional reports and information identified in Attachment G
(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 the project-activities are being
accomplished within the specified time periods included in the Scope of Work and that 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)Audit Requirement, above,
monitoring procedures may include,but not be limited to, on-site visits by DEO staff,limited scope audits,and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures and/or processes deemed
appropriate by DEO In the event DEC) determines a hinted scope audit of the Recipient is appropriate, the Recipient
agrees to comply with any additional instructions provided by DEO 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,DEO will monitor the performance and financial
management by the Recipient throughout the Agreement term to ensure timely completion of all tasks.
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(9) Liability
(NOTE. If the Recipient is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes (F.S),
pursuant to section 76828(19), F.S, neither Party indemnifies nor insures or assumes any liability for the other Party for
the other Party's negligence.)
(a) The Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,and
shall hold DEO harmless against all claims of whatever nature by third parties arising from the work and services
performed under this Agreement. For purposes of this Agreement, the Recipient agrees that it is not an employee or
agent of DEO, but is an independent contractor.
(b) Any recipient which is a state agency or subdivision, as defined in section 768.28, F.S.,agrees to be fully
responsible for its negligent or tortious acts or onussions which result in claims or suits against DEO,and agrees to
be liable for any damages proximately caused by the acts or orrussions to the extent set forth in section 76828, F.S.
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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 agreement, subrecipient agreement, contract,or subcontract.
(10) Events of Default
If any of the following events occur("Events of Default"), all obligations on the part of DEO to make further
payment of funds shall,if DEO elects, terminate and DEO has the option to exercise any of its remedies allowable by law
and/or set forth in Paragraph (11) Remedies, below. However,DEO may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
(a) If any warranty or representation made by the Recipient m this Agreement or any previous agreement with
DEO is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the
obhgations, terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in
timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If 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 (30) calendar days from the date
written notice is sent by DEO.
(c) If any reports required by this Agreement have not been submitted to DEO or have been subrrutted 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.
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(11) Remedies
If an Event of Default occurs, then DEO may, upon thirty (30) calendar days written notice to the Recipient and
upon the Recipient's failure to cure within those thirty (30) calendar days, exercise any one or more of the following
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remedies, either concurrently or consecutively:
(a) Terminate this Agreement,provided that the Recipient is given at least twenty-four(24) hour written notice,
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in conformity with Paragraph (14) Notice and Contact, and including the effective date of such termination;
(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;
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(d) Require that the Recipient refund to DEO any monies used for ineligible purposes under this Agreement
and/or 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
1 Request additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the situation is not f
corrected,
3 Advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in
question,or .i
4. Require the Recipient to reimburse DEO for the amount of costs incurred for any items determined to I
be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under law,including, but not limited
to any applicable remedies within rule 73C-23.0051(6)(d) and (e), F.A.C., 24 C.F.R. part 570, and 2 C.F.R. part 200
(g) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this
Agreement or provided at law or in equity. If DEO 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 DEO,or affect the
later exercise of the same right or remedy by DEO for any other default by the Recipient.
(12) Dispute Resolution
Disputes concerning the performance of the Agreement shall be decided by DEC),who shall reduce the decision to
writing and serve a copy on the Recipient. The decision shall be final and conclusive unless within twenty-one (21) days
from the date of receipt, the Recipient files with DEO a petition for administrative hearing. DSO's decision on the
petition shall be final, subject to the Recipient's right to review pursuant to chapter 120, F.S. Exhaustion of administrative
remedies is an absolute condition precedent to the Recipient's ability to pursue any other form of dispute resolution,
provided however, that the Parties may employ the alternative dispute resolution procedures outlined in chapter 120,F.S.
(13) Termination
(a) DEO may suspend or terminate this Agreement for cause with no less than twenty-four(24) hour written
notice,including the effective date, to the Recipient. Cause can include, but is not limited to the Recipient's:
improper or ineffective use of funds provided under this Agreement; fraud,lack of compliance with any applicable
rules,regulations,statutes, executive orders, HUD guidehnes,policies or directives, or laws; failure, for any reason, to
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timely and/or properly perform any of the Recipient's obligations under this Agreement;submission of reports that
are incorrect or incomplete in any material respect; and refusal to permit public access to any document,paper,letter,
or other material subject to disclosure under law,including chapter 119, F.S., as amended.The Recipient shall not be
entitled to recover any cancellation charges or lost profits.
(b) DEO may terminate this Agreement,in whole or in part, for convenience by providing the Recipient no less
than twenty-four(24) hour written notice 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 ternunate the award in its entirety The Recipient shall continue to perform any work not terminated. The
Recipient shall not be entitled to recover any cancellation charges or lost profits.
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(c) The Parties may agree to terminate this Agreement for their- mutual convenience through a written
modification to this Agreement. The modification shall state the effective date of the termination The procedures
for proper closeout of the Agreement shall be followed, in accordance with rule 73C-23 0051(5), F.A.C.
(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 DEO because of any breach of Agreement by the
Recipient. DEO may, to the extent authorized by law,withhold payments to the Recipient for the purpose of set-off
until the exact amount of damages due DEO from the Recipient is determined.
(e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or
under this Agreement.
(14) Notice and Contact
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery,or first
class, certified mail,return receipt requested, to the representative identified below at the address set forth below or
said notification attached to the original of this Agreement.
(b) The name and address of the grant manager for this Agreement is:
Mona Wood, Government Operations Consultant II
Florida Small Cities CDBG Program
Department of Economic Opportunity
107 East Madison Street—MSC 400
Tallahassee,Florida 32399-6508
Telephone: (850) 717-8408—Fax: (850) 922-5609
Email: Mona.Wood@deo.myflorida.com
(c) The name and address of the Local Government Project Contact for this Agreement is.
Arjuna Weragoda, Capital Projects Manager
Indian River County
1801 27th Street,Building A
Vero Beach,Florida, 32960
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Telephone: (772) 226-1821 - Fax: (772) 770-5143
Email. aweragoda@ircgov com
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(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 (14)(a) above.
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(15) Contracts
If the Recipient contracts any of the work required under this Agreement, a copy of the signed contract must be
forwarded to DEO for approval. The Recipient agrees to include the following in the contract: 1) that the contractor is
bound by the terms of this Agreement, 2) that the contractor is bound by all applicable State and Federal laws and
regulations, 3) that the contractor shall hold DEO and the Recipient harmless against all claims of whatever nature arising
out of the contractor's performance of work under this Agreement, to the extent allowed and required by law,and 4)
provisions addressing bid,payment, and performance bonds and liquidated damages. The Recipient shall document in the
quarterly report the contractor's progress in performing its work under this Agreement.
For each contract, the Recipient 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.
(16) Terms and Conditions
This Agreement contains all the terms and conditions agreed upon by the Parties.
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(17) 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, i
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)-
Attachment A—Program Budget
® Attachment B—Activity Work Plan
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® Attachment C—Project Narrative from the Recipient's FFY 2014 Application for Funding
® Attachment D—Program,Category Specific,and Special Conditions
® Attachment E—Civil Rights Compliance
® Attachment F—State and Federal Statutes,Regulations,and Policies
® Attachment G—Reports
® Attachment H—Warranties and Representations
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® Attachment I—Audit Requirements
® Exhibit 1 —Funding Sources
® Attachment J —Audit Compliance Certification
® Attachment K—eCDBG Access Authorization Form II
(18) Funding/Consideration
(a) The funding for this Agreement shall not exceed $750,000, subject to the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Scope of Work. I
(c) All funds shall be requested in the manner prescribed by DEO. The authorized signatory for the Recipient !I
set forth on the eCDBG Access Authorization Form,Attachment K, to tliis Agreement,must approve the E
submission of each Request for Funds (RFFs) on behalf of the Recipient.
(d) Pursuant to 24 C.F.R. 5 570.489(b),pre-agreement costs reflected in the Recipient's Application for
Funding as originally submitted that relate to preparation of the Application for Funding are considered eligible
costs and may be reimbursed to the Recipient,if they are otherwise in compliance with all other requirements of the
Agreement.
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(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 DEO 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 (20)(h), Mandated Conditions, of this Agreement, all obligations on the part of DEO to make any
further payment of funds shall terminate, and the Recipient shall submit its administrative closeout report and
subgrant agreement closeout package within thirty(30) calendar days of receiving notice from DEO.
�I(19) Repayments
(a) The Recipient and its contractors may only expend funding under this Agreement for allowable costs
resulting from obligations incurred during the Agreement period;however, pursuant to 24 C.F.R. g 570.489(b)'
reimbursement can be requested for eligible application preparation costs that were fisted in the Recipient's
Application for Funding.
(b) In accordance with section 215.971, F.S., the Recipient shall refund to DEO any balance of unobhgated
funds which has been advanced or paid to the Recipient.
(c) The Recipient shall refund to DEO all funds pard in excess of the amount to which the Recipient or its
contractors,subcontractors,or consultants are entitled under the terms and conditions of this Agreement.
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(d) The Recipient shall repay all funds received for an activity if the activity does not meet one of the three
National Objectives listed in 24 C.F.R. 4 570.483.
(e) 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.
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Department of Economic Opportunity
Community Development Block Grant Programs
Cashier
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107 East Madison Street—MSC 400
Tallahassee,Florida 32399-6508
In accordance with section 215.34(2), F.S.,if a check or other draft is returned to DEO for collection, the Recipient
shall pay to DEO a service fee of fifteen dollars ($15.00) or five percent(5%) of the face amount of the returned check or
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draft,whichever is greater.
(20) Mandated Conditions
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,representations,and
materials submitted or provided by the Recipient in this Agreement,in an later subrmssion
Y or response to a DEO
request,or in any subrmssion 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 DEO and with thirty (30) calendar days written notice to the Recipient, cause the
termination of this Agreement and the release of DEO from all its obligations to the Recipient.
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(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 waive any right to jury trial. 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.
(c) Any power of approval or disapproval granted to DEO 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.
§ 12101 et.req.) and the Florida Civil Rights and Fair Housing Acts (§§ 760.01 —760.37, F.S.),which prohibit
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discrimination by public and private entities on the basis of disability in employment,public accommodations,
transportation, state and local government services, and telecommunications.
(0 Pursuant to section 287.133(2)(x),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 coritract 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 36 months following
the date of being placed on the convicted vendor list. The Recipient warrants that neither it nor any of its affiliates is
currently on the convicted vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the
convicted vendor list.
(g) Pursuant to section 287.134(2(a), F.S., an entity or affiliate,as defined in section 287.134(1),who has been
placed on the discriminatory vendor list may not submit a bid,proposal, or reply on a contract to provide any goods
or services to a public entity;may not submit a bid,proposal, or reply on a contract with a public entity for the {
construction or repair of a public building or public work;may not submit bids,proposals, or replies on leases of real
property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public entity. The
Recipient warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Recipient
shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
(h) Any recipient which is not a local government or state agency, and which receives funds 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 three (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; i
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3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any offenses enumerated in Subparagraph (20)(h)2., Mandated
Conditions, of this Agreement; and
4 Have not within a five (5) year period preceding this Agreement had one or more public transactions
(Federal,State or local) terrrunated 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.
In addition, the Recipient shall send a completed Form SC-37, Certification Regarding Debarment,
Suspension,And Other Responsibility Matters—Primary Covered Transactions, to DEO for each contractor
that the Recipient plans to hire under this Agreement. The form must be received by DEO before the Recipient i
enters into a contract with the respective contractor
(i) 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 F.S.,or the Florida
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Constitution.
0) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudrt thereof.
(k) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061, F.S., the
rules promulgated thereunder,and 2 C.F.R. 4 200 474.
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(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,any interest
income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount.
(m) The Recipient is subject to Florida's Government in the Sunshine Law(section 286.011,F.S.)with respect to I
the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to
the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the
meetings shall be public records,available to the public in accordance with chapter 119 F.S.
(21) Lobbying Prohibition
(a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to
influence legislation or any other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any j
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 j
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," In accordance with its instructions;and
Rev. 09/03/2015 11
3 The Recipient shall require that this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose as described in Subparagraphs (21)(b)1. and 2., Lobbying
Prohibition, above.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into Subrrnssion 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 i
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.
i
(22) Copyright, Patent and Trademark
i
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
i
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.
i
(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 DEO for a
determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under
or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals,
films,or other copyrightable material are produced, the Recipient shall notify DEO. Any copyrights accruing under
or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright._The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. DEO shall then,under
Subparagraph (22)(b), Copyright, Patent and Trademark,have the right to all patents and copyrights which
accrue during performance of the Agreement.
(23) Legal Authorization
i
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 the Recipient to the terms of this Agreement. DEO may, at its
discretion,request documentation evidencing the undersigned has authority to bind the Recipient to this Agreement as of
the date of execution;any such documentation is incorporated herein by reference. The Recipient warrants that, to the
best of its knowledge, there is no pending or threatened action,proceeding,investigation, or any other legal or financial
condition that would in any way prohibit,restrain, or diminish the Recipient's ability to satisfy its Agreement obligations.
The Recipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the
term of the Agreement.
Rev. 09/03/2015 12
(24) Public Record Responsibilities
(a) The Recipient shall allow public access to all records made or received by the Recipient in conjunction with
this Agreement,unless the records are exempt from Section 24(a) of Article I of the State Constitution and section
119 07(1), F.S. For records made or received by the Recipient in conjunction with this Agreement, the Recipient shall
respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for
records that are public records, as public records are defined in section 119.011, F.S., the Recipient shall be
responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance
with all other requirements of chapter 119, F.S, or as otherwise provided by law.
(b) In addition to the Recipient's responsibility to directly respond to each request it receives for records made or
received by the Recipient in conjunction with this Agreement and to provide the applicable public records in response
to such request,the Recipient shall notify DEO of the receipt and content of such request by sending an e-mail to
PRRequest@deo.myflorida.com within one (1) business day from receipt of such request. `
(c) The Recipient shall notify DEO verbally within twenty-four 24 chronological hours and in
tY ( ) gi writing within
seventy-two (72) chronological hours if any data in the Recipient's possession related to this Agreement is
subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an
authorized representative of DEO. The Recipient shall cooperate with DEO in taking all steps as DEO deems
advisable to prevent misuse,regain possession, and/or otherwise protect the State's rights and the data subject's
privacy.
(d) This Agreement may be terminated by DEO for refusal by the Recipient to comply with Florida's public
I
records laws or to allow public access to any non-exempt public record made or received by the Recipient in
conjunction with this Agreement.
(25) Employment Eligibility Verification
(a) Executive Order 11-116,signed May 27, 2011, by the Governor of Florida,requires DEO contracts in excess
of nominal value to expressly require the Recipient to:
1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Recipient during the Agreement term;and,
2. Include in all contracts under this Agreement, the requirement that contractors, subcontractors,
i
consultants and subrecipients performing work or providing services pursuant to this Agreement use the E-Verify
system to verify the employment eligibility of all new employees hired by the contractors,subcontractors,
I
consultants and subrecipients during the term of the 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 deterrrune the eligibility of all new employees hired to work in the
United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and
elections of Federal contractors, however,may vary, as stated in Article II.D 1.c. of the MOU. There is no charge to
employers to use E-Verify The Department of Homeland Security's E-Verify system can be found at:
http://www.uscis.gov/e-verify
(c) If the Recipient does not have an E-Verify MOU in effect, the Recipient must enroll in the
E-Verify system prior to hiring any new employee after the effective date of this Agreement.
Rev. 09/03/2015 13
(26) Program Income
Recipient shall report to DEO all program income (as defined by 73C-23 0031(43), F.A.C. and 24 C.F.R. � 570 489(e))
generated by activities carried out with CDBG funds made available under this Agreement, as part of the Recipient's
Quarterly Progress Report, Form SC-65,required under Paragraph (7) Reports, of this Agreement. Recipient's'use of
program income shall comply with the applicable requirements of 24 C.F.R. part 570, sections 290 046-290 048, F.S. and
73C-23 0051, F.A.C., and the terms of this Agreement. 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 activities,specified in a modification to this Agreement,and duly executed prior to
administrative closeout. I
I
(27) Independent Contractor
In Recipient's performance of its duties and responsibilities under this Agreement,it is mutually understood and
agreed that Recipient 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 be the
Parties. The Recipient shall at all times remain an independent contractor with respect to the services to be performed
under this Agreement.
(a) The Recipient, its officers, agents, employees, subcontractors, or assignees,in performance of this Agreement
shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of j
Florida. Nor shall the Recipient represent to others that, as the Recipient, it has the authority to bind DEO
unless specifically authorized to do so.
(b) Neither the Recipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State
retirement or State leave benefits,or to any other compensation of State employment as a result of performing
the duties and obligations of this Agreement.
(c) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed
to be an independent contractor and will not be considered or permitted to be an agent, employee,servant,joint
venturer,or partner of the State of Florida.
(d) Unless justified by the Recipient, and agreed to by DEO in the Scope of Work,DEO will not furnish services
of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient j
or its subcontractor or assignee.
(e) DEO shall not be responsible for withholding taxes with respect to the Recipient's use of funds under this C
Agreement. The Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits,
social security, workers' compensation, health or disability benefits, reemployment assistance benefits, or
employee benefits of any kind. The Recipient shall ensure that its employees, subcontractors,and other agents,
receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits)
from an employer other than the State of Florida.
I
(f) The Recipient,at all times during the Agreement,must comply with the reporting and Reemployment Assistance
contribution payment requirements of chapter 443, F.S.
Rev 09/03/2015 14
i
State of Florida
Department of Economic Opportunity
Federally Funded Subgrant Agreement
Signature Page
Contract Number: 16DB-OK-10-40-01-N 05
i
I have read the Agreement and the Attachments and Exhibits thereto,and understand each section and paragraph. I
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
December 1, 2015
By:� (�fZ—'aq-""2 Date: By: Date:
(Authorized Signature) (Authorized Signature)
Name: Bob Solari Name:
Title: Chairman,BOCC Title: Director,Division of Community Development
Federal Tax ID#• 596000674 ;1,�;
DUNS#• 079208989
l:! *
� • Q J
�• Approved as to form and legal sufficiency,
subject only to the full and proper execution
APPROVED AS TO FORM by the Parties
AND LEGAL SUFFICI CY Office of the General Counsel
BY Department of Economic Opportunity
EfY'LAN REINGOLD
COUNTY ATTORNEY By:
ATTEST: Approved Date:
Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
Leona en, Deputy Clerk
Rev. 09/03/2015 15
Attachment A— Program Budget
Recipient: Indian River County Modification Number: N/r1 Contract Number: 161)B-OK-10-40-01-N 05
Activity Accomplishments Beneficiaries Budget
Activity Description Unit Number VLI LI MI All CDBG Subtotal of Other Source
Number Amount Activity' Funds' #'
03I Flood and Drainage LF 1,800 82 3 8 99 $30,000 $140,000
03J New Sewer Lines/Components LF 4,995 73 10 11 99 $720,000 $227,000
Administration $50,000
Engineering $80,000
Sewer Hookups $50,000
Totals: $750,000 $547,000
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).
2 Show the sources and amounts of"Other Funds"below,including program income.
1 Local Government Funds.(Sewer Impact and Stormwatex Fees.Opttonal Sales Tax $497,000
2. SHIP Funds $50,000
3. $
4 $
5. $
Rev 09/03/2015 16
Attachment B —Activity Work Plan
Recipient: Indian River County Activity: New Sewer Line Project Budget: $ 720,000
Contract Number: 16DB-OK-10-40-01-N 05 Date Prepared: 9/22/2015 Modification Number: N/A
Describe Proposed Action to be Completed by the "End Date." #Units to Proposed
Examp/esofActions. Procure Administrator orEirgineer, Complete Environmental Review and Obtain be Proposed$$ to Administration
Start Date End Date Release of Funds,Request Wage Decision,Complete and Submit Deign and Specifications,Advertise for and Open completed be Requested $$to be
(month/year) (month/year) Bids,Issue Notice to Proceed,%Construction Completion(33,66,and 100%or25,50, 75,and 10001o), by"End by"End Date" Requested by
Complete Construction Procurement Process,Advertise Availability of Housing Rehabilitation Funds, Complete
Rankings of Homes per HAP,Number of Houses Rebabilitated,mrd Submit Closeout Package to DEO Date" "End Date"
12/15 4/16 Complete environmental review,Submit Request for Release of Funds 0 $0
5/16 10/16 Develop project files,complete bid documents,permits 0 $0
11/16 2/17 Develop and submit bid documents to FDEO 0 $0
3/17 5/17 Request wage decision,advertise bids,open bids 0 $0
6/17 6/17 Award construction and issue Notice to Proceed 0 $0
7/17 8/17 Construction at 33%Completion 1,665 LF $216,000
9/17 10/17 Construction at 66%Completion 3,330 LF $432,000
11/17 12/17 Construction at 100%Completion 4,995 LF $648,000
12/17 12/17 Finalize contractor payments 0 $720,000
1/18 2/18 Submit administrative closeout 0 $0
Totals 4,995 LF $720,000
Note:More than one activity may be included per form. Use additional pages as needed.
Rev 09/03/2015 17A
Attachment B —Activity Work flan
Recipient: Indian River County Activity: Flood and Drainage Project Budget: $ 30,Q00
Contract Number: 16DB-OK-10-40-01-N 05 Date Prepared: 9/22/2015 Modification Number: N/A
Describe Proposed Action to be Completed by the "End Date." #Units to Proposed
Examples ofAc[ions: ProalreAdmurittratororEngneer,Complete EnvironmentalReviemandObtaia be Proposed$$to Administration
Start Date End Date Release of Funds,Request lF/age Decision,Complete and Submit Design and Specifications,Advertise for and Open completed be Requested $$to be
(month/year) (month/year) Bids,Issue Notice to Proceed, %Construction Completion(33,66,and 100%or 25,50,75,and 1001o), by"End by"End Date" Requested by
Complete Construction Procurement Process,Advertise Availability ojHousvng Rehabilitation Funds, Complete
Bookings of Homes per HAP,Number of Houses Rehabilitated,and Submit Closeout Package to DEO. Date" "End Date"
12/15 4/16 Complete environmental review,submit Request for Release of Funds
5/16 10/16 Develop project files,complete bid documents,permits
11/16 2/17 Develop and submit bid documents to FDEO
3/17 5/17 Request wage decision,advertise bids,open bids
6/17 6/17 Award construction and issue Notice to Proceed
7/17 8/17 Construction at 33%Completion 600 LF $9,000
9/17 10/17 Construction at 66%Completion 1,200 LF $18,000
11/17 12/17 Construction at 100%Completion 1,800 LF $27,000
12/17 12/17 Finalize contractor payments $30,000
1/18 2/18 Submit administrative closeout
Totals 1,800 LF $30,000
Rev. 09/03/2015 17B
Attachment C — Project Narrative
(lhe a formation included an this attachment was copied from the Recipient's Application for Funding Some of'Ihe ackvtty,benefiaag or
budget information mrxy have changed as a result of DEO'j review of'the application,the site visit and changes in estimated costs between the time
the application was submitted and when at was selected for funding These changes will be reflected an Attachments A and B.)
Service Area 1—West Wabasso Phase 2—New Sewer Mains
Homes in the service area currently are hooked to septic tanks. Health and safety conditions will improve with
the provision of the CDBG-funded public sewer lines. The new sewer lines in West Wabasso will allow
substandard septic systems to be eliminated and improve the quality of life for that community by improving
property values and providing access to safe and sanitary sewer service. A complimentary benefit will be the
reconstruction of streets and paving to modern standards, further adding to quality of life in the community.
The project includes new sewer lines, 16 manholes, and laterals. A new lift station will also be provided south of
County Road 510. '
The beneficiaries of this activity are: Very Low-Income (VLI): 73 Low-Income (LI). 10 Moderate-Income
(MI) 11 Over-Income: 5 for a Total of 99
Service Area 1—West Wabasso Phase 2—New Sewer Hookups
Households in the service area are currently use septic tanks. Health and safety conditions will improve with the
provision of sewer hookups. Up to 45 hookups are possible, but 30 hookups are claimed for scoring purposes.
Homes will be connected based on the terms of participation in the County's hookup plan,which will include
making State Housing Initiative Partnership (SHIP) funds available for LMI owner-occupied units who choose
to apply and meet the qualification requirements.
The beneficiaries of this activity are: VLI: 22 LI: 6 MI: 0 Over: 2 for a Total of 30
Service Area 2—Gifford Flood and Drainage
County residents in this service area are currently affected by poor flood and drainage conditions. Activities
include improving swales and constructing new culverts in the East Gifford area between 28th Avenue to the
west, Old Dixie Hwy to the east,43rd Street to the north and 42nd Street to the south encompassing 42nd Place,
27th Avenue,26th Avenue,25th Avenue, 24th Ct. and 24th Avenue. Re-graded swales and new culvert pipes
will convey stormwater flows to the existing retention pond located south of 42nd Street.
The beneficiaries of this activity are: VLI: 82 LI: 3 MI: 8 Over: 6 for a Total of 99
*Please also note that the proposed work on 41St Street reflected on pages C-3, C-4,C-11 and C-12 of
construction drawings will be addressed with non-CDBG funds.
*Please also note the Gifford flood and drainage improvements that includes proposed swales located on the
north side of 43rd Street between 25th Avenue on the west and 24,h Court on the east do not have surveyed
beneficiaries calculated in the CDBG project area as this work will be addressed with non-CDBG funds.
Local Funds Local Funds
Activity CDBG Funds Scored for Not Scored for Total Project
Points Points Cost
New Sewer Mains $720,000 $0 $227,000 $947,000
New Sewer Hookups $0 $50,000 $0 $50,000
New Flood and Drainage $30,000 $0 $140,000 $170,000
Grant Administration so $0 $50,000 $50,000
Engineering and Inspection $0 $0 $80,000 $80,000
Total CDBG Budget $750,000 $50,000 $497,000 $1,297,000
Rev. 09/03/2015 18
Attachment D — Program, Category Specific, and Special Conditions
Program Conditions
1 The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion.
Within one hundred-eighty (180) calendar days of the subgrant award, the Recipient shall complete the
following activities.
a. Submit the environmental assessment to DEO for review;
b. Request approval for all professional service contracts;
c. Submit an initial Request for Funds (RFF) for adrmnistrative services,if applicable;
d. Request a wage decision(s) for applicable construction activities if points were received on the application
for Readiness to Proceed;
e. For Housing Rehabilitation subgrants, a list of applicants for assistance shall be developed and a copy
provided to DEO;and
E For Commercial Revitahzation subgrants,if facades are to be renovated,a list of businesses that will be
assisted shall be developed and a copy provided to DEO
I
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 subimitted to DEO Any subgrant agreement for which the Recipient has
not completed activities a.-f. listed above shall be rescinded unless the Recipient can provide adequate
justification for the delay.
i
2. The Recipient 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 on Attachment A (Program
Budget) and Attachment B (Activity Work Plan).
3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application
preparation costs outlined in the original Small Cities CDBG Application for Funding subnutted to DEO,
unless pre-agreement costs were approved in writing by DEO.
4. The Recipient shall request approval of all professional services contracts and/or agreements that will be
reimbursed with CDBG funds. Copies of the following 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. A list of entities to whom a notification of the RFP 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;
f. 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. The proposed contract;
i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over one hundred fifty
thousand dollars ($150,000),
j If a protest was filed,a copy of the protest and documentation of resolution;
Rev. 09/03/2015 19
Attachment D — Program, Category Specific, and Special Conditions
k. A request for DSO's approval of a single source procurement if only one firm was considered and the
contract exceeds $35,000 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 DEO
Failure to secure prior written approval shall relieve DEO of any obhgation to fund the said procurement
contract or agreement. Any previous payments to the Recipient to fund said contract or agreement shall be
inehgible and shall be repaid to DEO by the Recipient;and
1. If a regional planning council or local government is performing administration services, the Recipient shall i
submit only a copy of the contract or agreement and cost analysis information.
DEO will either approve the procurement or notify the Recipient that the procurement cannot be approved
because it violates State, Federal or local procurement guidehnes.
The Recipient must notify DEO in writing no later than ninety (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 funds to pay for
professional services.
5. Prior to the obligation or disbursement of any funds, except for administrative expenses for all subgrants other
than Economic Development subgrants,not to exceed$5,000, and for Economic Development Grants,not to
exceed$8,000, but in any case,no later than 90 days from the effective date of this Agreement, the Recipient
shall complete the following:
a. Submit for DEO's approval the documentation required in paragraph 4 above for any professional services
contract. The Recipient proceeds at its own risk if more than the specified amount is incurred before DEO
approves the procurement. If DEO does not approve the procurement of a professional services contract,
the local government will not be able to use CDBG funds for that contract beyond five thousand dollars
($5,000) [eight thousand dollars ($8,000) for Economic Development]
b. Comply with procedures set forth in 24 C.F.R. part 58,Environmental Review Procedures for Title I
Community Development Block Grant Programs and 40 C.F.R. % 1500-1508,National Environmental
Pohcy Act Regulations. DEO will issue a Notice of Removal ofEnvironmental Conditions when this
condition has been fulfilled to the satisfaction of DEC).
6. The Recipient shall obtain approval from DEO prior to requesting CDBG funds for engineering activities and i
costs which are additional engineering as defined in rule 73C-23.0031(6)(a-e), F.A.C.
7. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Pohcies
Act of 1970,as amended (42 U.S.C. §§4601-4655; hereinafter, the"URA"),implementing regulations at
24 C.F.R. part 42,49 C.F.R.part 24 and 24 C.F.R. 4 570.606(b), the requirements of 24 C.F.R. § 570.606(c) `
governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the
Housing and Community Development Act of 1974 (42 U.S.C. � 5304(d)), and the requirements in 24 C.F.R.
5 570.606(d),governing optional relocation policies Should the Recipient undertake any activity subject to the
URA, the Recipient shall document completion of the acquisition by submitting all documentation required for
a desk monitoring of the acquisition,including notice to property owners of jus or her rights under the 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 DEO can determine whether remedial action
may be needed. The Recipient shall provide relocation assistance to chsplaced persons as defined by 24 C.F.R.
§ 570.606(b)(2),that are displaced as a direct result of acquisition,rehabilitation,demolition or conversion for a
CDBG-assisted project.
Rev. 09/03/2015 20
I
Attachment D — Program, Category Specific, and Special Conditions
8. The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding fifteen thousand
dollars ($15,000),provide to DEO a copy of all engineering specifications and construction plans, if required,
for the activities described in the Agreement. The Recipient shall also furnish DEO, prior to soliciting bids or
proposals, a copy of bid documents for services and/or materials to provide those services and/or materials for
construction activities when the bids are expected to exceed thirty-five thousand dollars ($35,000) Additionally,
the Recipient shall not publish any request for bids for construction purposes or distribute bid packages until
DEO has.provided its written acceptance of the engineering specifications, construction plans,and bid
documents.
9. For each procured construction contract or agreement in Neighborhood Revitalization, Commercial
Revitalization and Economic Development protects for which CDBG funding will be requested, the Recipient
shall submit the following procurement documents:
a. A copy of the bid advertisement,including an affidavit of publication,
b. Documentation of the Recipient's efforts made to inform minority- and woman-owned businesses of the
opportunity to bid on the construction contract;
c. A copy of the bid tabulation sheet;
d. A copy of the engineer's recommendation to award;
e. A letter requesting sole source approval,if applicable;
f. A copy of the bid bond (5%of the bid price) for the prime contractor(s) selected to do the work, and;
g Completed copies of the following forms:
• Bidding Information and Contractor Eligibility—Form SC-51;
• Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions)—Form SC-37;
• Section 3 Participation Report (Construction Prime Contractor)—Form SC-52,
• Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion (Subcontractor)
—Form SC-38,if applicable;
• Section 3 Participation Report(Construction Subcontractor) —Form SC-53,if applicable,and,
• Documentation for Business Claiming Section 3 Status—Form SC-54,if applicable.
10. For each Commercial Revitalization,Econornic Development and Neighborhood Revitalization RFF that
includes reimbursement of construction costs, the recipient shall provide a copy of the American Institute of
Architects (AIA) form G702,Application and Certification for Payment, or a comparable form approved by
DEO, signed by the contractor and inspection engineer,and a copy of form G703, Continuation Sheet, or a
comparable form approved by DEO. For each Housing Rehabilitation RFF that includes construction costs,
the Recipient shall provide a copy of AIA form G702, or a comparable form approved by DEO,if applicable,
signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a
comparable form approved by DEO,if applicable.
11. When the Recipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall
be sent to DEO-
a. Notice to Proceed;
b. The contractor's performance bond (one-hundred percent (100%) of the contract price); and
c. The contractor's payment bond (one-hundred percent(100%) of the contract price).
12. The Recipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to f
24 C.F.R. § 570.487(b)(4).
Rev. 09/03/2015 21
Attachment D — Program, Category Specific, and Special Conditions
13 All leveraged funds shall be expended concurrently.and, to the extent feasible, proportionately with the
expenditure of CDBG funds for the same activity Tlie Recipient shall document the expenditure of leveraged
funds required for the points claimed in the apphcation 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 Recipient's submission of the administrative closeout package for this Agreement.
14. 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.
15. A deed restriction shall be recorded on any real property or facility, excluding easements,acquired with CDBG
funds. This restriction shall hrmt the use of that real property or facility to the use stated in the subgrant
application and that title shall remain in the name of the Recipient. Such deed 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 2 C.F.R. 5 200.311. Any future change of use of real property shall be
in accordance with 24 C.F.R. § 570.4890).
16. The Recipient agrees that any construction or rehabilitation of residential structures with assistance provided
under this Agreement shall be subject to HUD lead-based Paint Regulations as 24 C.F.R. § 570.608 and
24 C.F.R. part 35, subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken when deahng unth lead-based paint
poisoning and the advisability and availability of blood lead level screening for children under seven.The notice
should also point out that if lead-based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds applied to a property,paint
testing,risk assessment, treatment and/or abatement may be conducted.
17. The Recipient shall comply with the historic preservation requirements of the National Historic Preservation
Act of 1966,as amended, the procedures set forth in 36 C.F.R. part 800, 24 C.F.R. § 58.17, and the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildin s.
18. Pursuant to section 102(b),Public Law 101-235,42 U.S.C. 4 3545, the Recipient shall update and submit Form
HUD 2880 to DEO within thirty (30) calendar days of the Recipient's knowledge of changes in situations which
would require that updates be prepared. The Recipient must disclose:
a. All developers, contractors, consultants, and engineers involved in the application or in the planning,
development,or implementation of the project or CDBG funded activity;and
b. Any person or entity that has a financial interest in the project or activity that exceeds fifty thousand dollars
($50,000) or ten percent(10%) of the grant,whichever is less.
19. A final Form HUD 2880,if required, shall be provided to DEO with the request for administrative closeout,
and its absence or incompleteness shall be cause for rejection of the administrative closeout.
20. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. � 570.489(g). Title 24
C.F.R. 4 570.489(h) shall apply in all conflicts of interest not governed by 24 C.F.R. § 570.489(g), such as those
relating to the acquisition or disposition of real property;CDBG financial assistance to beneficiaries, businesses,
or other third parties;or any other financial interest,whether real or perceived. Additionally, the Recipient
agrees to comply with,and this Agreement is subject to,chapter 112 F.S.,and rule 73C-23.0051(11), F.A.C.
Rev. 09/03/2015 22
1
Attachment D — Program, Category Specific, and Special Conditions
21. 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 DEO 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
22. 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 DEO with
the administrative closeout package for this Agreement.
23. 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.
24. If necessary, the Recipient shall retain sufficient adriunistration funds to ensure Internet access,including email,
for the duration of the Agreement,including any time extensions. If the Recipient does not already have a
computer designated to the person responsible for grant oversight,which is located in the program office and
capable of Internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer
to allow Internet access.
Category Specific Conditions for Neighborhood Revitalization
1. The Recipient must meet a National Objective for each service area addressed with CDBG funds. If a National
Objective is not be met for a service area, all CDBG funds received for the activities conducted in that service
area must be repaid.
2. 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.
3 Recipients are responsible for verifying and maintaining documentation 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 files 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;
Rev 09/03/2015 23
Attachment D — Program, Category Specific, and Special Conditions
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
4 The following data shall be provided for each activity upon requesting administrative closeout and submitting
the subgrant agreement closeout package:
For activities that provided indirect benefit (i.e.,road paving,water and sewer improvements, parks, fire
protection), beneficiary data shall be provided for all residents of the households being served. For activities
that provided direct benefit (i.e.,utility hookups, housing rehabilitation, temporary relocation), beneficiary data
shall be provided based solely on the head of household.
a. The number of females and female heads of households, the number of handicapped persons, the number
of elderly persons,
b. The number moderate-income (MI),low-income (LI), and very low-income (VLI) beneficiaries proposed
and actually served;
c. The racial demographics (White,African American,Asian,American Indian or Alaskan Native,Native
Hawaian/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) of all
indirect beneficiaries and of heads of households for direct beneficiaries and the number of Hispanic
beneficiaries,and
d. Name of each head of household, owner,and address of each housing unit hooked up to water or sewer
service with CDBG funds, the date the construction was completed on the housing unit, and the amount
of CDBG funds spent on that housing unit.
Special Conditions
1. The County's Equal Employment Opportunity Personnel Policy was approved May 9, 1989.Due to the
passage of time, the County must review,update and adopt a policy that provides for the protection of"all
applicants and employees of the applicant, and the applicant's contractors from discrimination on the basis of
race, color,religion, sex, national origin, disability, age and genetics" The County will have 90 days to adopt an
appropriate Equal Employment Opportunity ordinance or resolution, or incorporate these updates into the
Section 3 and Affirmative Action Policy and submit a copy to the Department after the award.
2. The HUD procurement requirements in 24 CFR§ 85.36 have been superseded by 2 CFR§4 200.317-.326. The
City must revise its CDBG Procurement Policy within 90 days of being funded to conform to the requirements
in 2 CFR 44 200.317-.326.
Rev. 09/03/2015 24
Attachment E — Civil Rights Compliance
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 (See examples below.) shall
not be conducted in consecutive quarters;and
6) Display a fair housing poster in the CDBG Office. (This does not count as a fair housing activity.)
The fair housing contact person is expected to have received training so that he/she can handle fair
housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the
contact will help the community do the following:
• Define where discriminatory practices are occurring,
• Help the community measure the effectiveness of its outreach efforts,and
• Provide the community with a means to gain information that can be used to design and implement
strategies that will eliminate fair housing impediments.
Examples of fair housing activities include the following:
• Making fair housing presentations at schools,civic clubs,and neighborhood association meetings;
• Manning a booth and distributing fair housing materials at libraries, health fairs, community events,
yard sales,and church festivals;and
• Conducting fair housing workshops for city/county employees,realtors,bank and mortgage
company employees,insurance agents,and apartment complex owners.
Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity. Mailing a
Department-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.
Recipients shall document their fair housing activities by keeping photographs,newspaper articles,sign-in
sheets and copies of handouts in their CDBG project file and include information about the activities in the
comment section of each quarterly report.
Rev. 09/03/2015 25
Attachment E — Civil Rights Compliance
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, subcontractors, subrecipeints and consultants 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-
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,subrecipeints and
consultants from discrimination in hiring,promotion, discharge, pay, fringe benefits,lob 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;
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-owned business enterprises (MBE) and women-
owned business enterprises (WBE) that operate in its region. The Recipient shall use this list to solicit
companies to bid on CDBG-funded construction activities and shall provide a copy of the list to the prime
contractor 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.mvflorida.com/chrectories.
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.
Rev 09/03/2015 26
Attachment E — Civil Rights Compliance
Section 504 prohibitions against discrimination (sIee 45 C.F.R part 84) apply to service availability,
accessibility, delivery, employment, and the administrative activities and responsibilities of organizations
receiving Federal financial assistance. A 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 II, 28 C.F.R. part 35, and Title III,28 C.F.R. 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 11 covers all activities of State and local governments regardless of the government entity's size or
receipt of Federal funding. Tide II requires that State and local governments give people with disabilities an
equal opportunity to benefit from all 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 orspeech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations,privately
operated entities offering certain types of courses and examinations,privately operated transportation, and
commercial facilities. Public accommodations are private entities who own,lease,lease to, or operate
facilities such as restaurants,retail stores,hotels,movie theaters,private schools, convention centers, doctors'
offices,homeless shelters, transportation depots,zoos, funeral homes, day care centers, and recreation
facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are
also covered by Title III.
Section 3 - Economic Opportunities for Low- and Very Low-Income Persons
Each Recipient shall encourage its contractors to hire qualified low- and moderate-income residents for
any lob 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 C.F.R. 5 135.38 is required to be included in CDBG-funded contracts of
one hundred thousand dollars ($100,000) or more.
Rev 09/03/2015 27
Attachment E — Civil Rights Compliance
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 recipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.K. 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 conuTutments under this section 3
clause,and will post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each,and the name and location of the
person(s) taking applications for each of the positions, and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in
violation of the regulations in 24 C.F.R. part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 C.F.R. part 135.
E. The contractor will certify that any vacant employment positions,including training positions, that are
filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be
directed,were not filled to circumvent the contractor's obligations under 24 C.F.R. part 135.
F Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts. I
I
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 apphes 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. 09/03/2015 28
Attachment E — Civil Rights Compliance
Civil Rights Regulations
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:
1. Title VI of the Civil Rights Act of 1964—Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964—prohibits employment discrimination on the basis of race,color,religion,
sex, or national origin;
3. Title VIII of the Civil Rights Act of 1968—as amended (the Fair Housing Act of 1988);
4. 24 C.F.R. § 570.487(b)—Affirmatively Furthering Fair Housing;
5. 24 C.F.R. § 570.490(b)—Recordkeeping Requirements;
6. 24 C.F.R. § 570.606(b)—Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892—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 C.F.R.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: C' Q •,...°• 7. Date: December 1. 2015
' GOAtM�s'•
(Authorized Signature) •J�a�y,siffi IS:4A
Name: :.•• •
Title: Chairman i' r
ATTEST: ••"���;FR COUN �'
Jeffrey R. Smith, Clerk of Courtaii•Comptroller
BY
Leona llen, Deputy Clerk
Rev. 09/03/2015 29
Attachment F — State and Federal Statutes, Regulations, and Policies
The Recipient agrees to, and, by signing this Agreement, certifies that, it will comply with the requirements of 24 C.F R.
part 570, subpart I, and§ 570.2000) and § 570 606 (the U.S Housing and Urban Development regulations concerning
State Community Development Block Grant Programs) The Recipient also agrees to use funds available under this
Agreement to supplement rather than supplant funds otherwise available. The Recipient further agrees to comply with
all other applicable Federal,State and local laws,regulations, and policies governing the funds provided under this
Agreement,including, but not limited to the following-
' I
1. Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards (2 C.F.R. j
part 200);
2. Florida Small Cities Community Development Block Grant Program Act (§§ 290.0401-290 048, F.S),
3 Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23, F.A.C.);
4. Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §§ 5301-5321),
5. Rules and Procedures for Efficient Federal-State Funds Transfers (31 C.F.R. part 205),
6. Community Planning Act (§ 163.3164, F.S.),
7. Florida Small and Minority Business Assistance Act (§§ 288.703-288.706, F.S);
8. CDBG Technical Memoranda (Litti2s.//\v\v%v.hudexchange.info/community-development/cdbg-memoranda/),
9. Applicable HUD Community Planning and Development Notices (https.//wlvtiv.hLidexcliange info/manage-a-
pro -gram/cpd-notices),
10. Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507;
11. Environmental Review Procedures for Entities Assurrung HUD Responsibilities (24 C.F.R. part 58);
12. Environmental Criteria and Standards (24 C.F.R. part 51),
13 Flood Disaster Protection Act of 1973,as amended (42 U.S.C. §§4001-4129), Floodplain Management and
Protection of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990
(Protection of Wetlands),
14 National Environmental Policy Act of 1969,as amended (42 U.S.C. §§ 4321-4370h) and other provisions of law
which further the purpose of this act;
15. National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301-320303),Protection of Historic
Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act;
16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960,as amended (54 U.S.C.
§§ 312501-312508);
17. Coastal Zone Protection Act of 1985 (% 161.52-161.58,F.S.);
18. Safe Drinking Water Act of 1974,as amended (42 U.S.C. % 1400-1465);
19 Federal Water Pollution Control Act of 1972, as amended (33 U.S.C. §§ 1251-1387),
20. Davis—Bacon Act of 1931, as amended (40 U.S.C. % 3141-3148) and Labor Standards Provisions of 29 C.F.R.
part 5;
21. Contract Work Hours and Safety Standards Act of 1962,as amended (40 U.S.C. §§ 3701-3708);
I
22. Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act of 1975
(42 U.S.C. §§ 6901-6992k);
23. Architectural Barriers Act of 1968 (42 U.S.C. §§4151-4157) and the Uniform Accessibility Standards,as applicable;
24 Federal Fair Labor Standards Act of 1938,as amended (29 U.S.C. §§ 201-219),
25 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4601-4655),and
the applicable rules for Federal and Federally-Assisted Programs at 49 C.F.R. part 24;
26. Copeland"Anti-Kickback"Act (18 U.S.C. § 874);
27. Hatch Act of 1939,as amended (5 U.S.C. % 1501-1508);
28. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846); the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. §§4851-4856);and the applicable implementing regulations at j
24 C.F.R. part 35 and 24 CT.R. part 570, subparts A,B,J, K, and R,
29. Section 102 of HUD Reform Act of 1989 (42 U.S C. § 3545) and HUD Reform Act regulations at 24 C.F.R. part 4. j
30 False Claims Act(31 U.S.C. §§ 3729-3733),
31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R. part 247);and
32. Clean Air Act (42 U.S.C. §§ 7401-7671q.),and National Primary and Secondary Ambient Air Quality Standards
(40 C.F.R. part 50).
Rev 09/03/2015 30
i
Attachment G — Reports
The following reports must be completed and submitted to DEO in the time frame indicated
and in compliance with rule 73C-23.0051(5)-(6)(a), F.A.C. Failure to timely file these reports
constitutes an Event of Default, as defined in Palragraph (10) Default, of this Agreement.
1. A Quarterly Progress Report, Form SC-65, must be submitted to DEO fifteen (15) calendar
days after the end of each quarter The reports are due by the following dates. April 15,July 15, October
15 and January 15. j
2. A Contract and Subcontract Activity form, (HUD-2516 Form, currently available at
http.//wtiv\v.finiles.org/Gatew-,t/reference,isp?No=Ref-05360;which is incorporated herein by
reference), submitted by April 15 and October 15 each year through the Department's Electronic CDBG
reporting system at https://ww\v.deoecdbg.com/Defatilt.,ispx. The form must reflect all contractual
activity for the period,including MBE and WBE participation. If no activity has taken place during the
reporting period, the form must indicate"no activity"
3. The Administrative Closeout Report, Form SC-62,must be submitted to DEO within forty-
five (45) calendar days of the Agreement termination date,in compliance with rule 73C-23.0051(5), F.A.0
and the terms of this Agreement.
4. In accordance with 2 C.F.R. part 200, should the Recipient meet the threshold for submission of
a single or program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200,and
subnutted to DEO no later than nine months from the end of the Recipient's fiscal year. If the Recipient
did not meet the audit threshold,an Audit Certification Memo, Form SC-47,must be provided to
DEO no later than nine months from the end of the Recipient's fiscal year.
5. A copy of the Audit Compliance Certification form,Attachment J,must be e-mailed to
audit@deo.myflorida.com within sixty (60) calendar days of the end of each fiscal year in which this i
subgrant was open.
1
6. The Section 3 Summary Report,HUD-60002 form, effective date June 2001, i
http://w\v-,v.flrules.org/Gate-,vav/reference,isp?No=Ref-05360' effective date April,2015,which is
incorporated herein by reference,must be completed and submitted through DEO's Electronic CDBG i
reporting system at hups://xvw\v.deoecdbg.com/Defiult.aspx by July 31, annually. The form must be
i
used to report annual accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet section 3 requirements.
7. Request for Funds must be submitted as required by DEO and as scheduled on Attachment B—
Activity Work Plan.
Rev. 09/03/2015 31
iI
Attachment H — Warranties and Representations
Financial Management
The Recipient's financial management system must comply with the provisions of 2 C l".R.part 200,section
218.33, F.S., and the rules promulgated thereunder, rule 73C-23.0051(1),F.A.C., 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, unobhgated balances, assets,
outlays,income and interest.
(3) Effective control over and accountability for all funds,property and other assets. The Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Funds (RFI). Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
2 C.F.R. part 200 and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 C.F.R. §� 200.318-200.326 and be
conducted in a manner providing full and open competition. The Recipient shall be alert to conflicts of
interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or
otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications,requirements, statements of work, or
invitations for bids or requests for proposals shall be excluded from competing for such procurements.
Awards must be made to the responsible and responsive bidder or offeror whose proposal is most
advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set
forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by
the Recipient. Any and all bids or offers may be rejected if there is a sound,documented reason.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts No employee,officer, or agent shall participate in the
selection, award, or administration of a contract supported by public a Federal award if he or she has a real or
apparent conflict of interest. Such a conflict would arise when the employee,officer,or agent,any member
of his or her immediate family, his or her partner, or an organization which employs or is about to employ
any of the parties indicated,has a financial or other interest in or a tangible personal benefit from a firm
considered for a contract. The officers, employees,and agents of the Recipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards
of conduct must provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient. (See 2 C.F.R. § 200.318(c)(1).)
Business Hours
The Recipient shall have its offices open for business,with the entrance door open to the public, and at
least one employee on site at all reasonable tunes 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
i
All contractors 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. I
Rev. 09/03/2015 32
I
Attachment I —Audit Requirements
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section
Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A-133 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 OMB Circular A-133, as revised, and/or other
procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a hrmted
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by DEO staff to the recipient regarding such audit. The recipient further agrees to comply and
cooperate with any inspections,reviews,investigations, or audits deemed necessary by the Chief Financial
Officer(CFO) or Auditor General.
Audits
Part I: Federally Funded
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after
December 31,2003) or more in Federal awards in its fiscal year, the recipient must have a single or
program-specific audit conducted m accordance with the provisions of OMB Circular A-133, as revised.
Exhibit 1 to this agreement indicates Federal resources awarded through DEO 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 DEO. 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 part.
2. In connection with the audit requirements addressed in Part I,paragraph 1, the recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133,as revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31,
2003)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 $300,000
($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects 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 resources (i.e., the cost of such an aucht must be paid from
the recipient resources obtained from other than Federal entities).
I
Rev. 09/03/2015 33
Attachment I Audit Requirements
4. Title 2 C.F R. part 200, entitled Uniform Administrative Requirements, Cort Prinaples and Audit
Requirements for Federal Anardr, also known as the Super Circular, supersedes and consolidates the
requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective for
Federal awards or increments of awards issued�on or after December 26, 2014 Please refer to 2 C.F.R.
part 200 for revised definitions, reporting requirements and auditing thresholds referenced in this
attachment and agreement accordingly
Part IL• State Funded
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida
Statutes.
i
1 In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of$500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or
thereafter), the recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 215 97, F.S.;applicable rules of the Department of Financial Services;and
Chapters 10 550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of
the Auditor General. Exhibit 1 to this agreement indicates state financial assistance awarded through
DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from DEO, other state agencies,and other non-state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non-state entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall
ensure that the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by section 215.97(2), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of
the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year(for fiscal
years ending September 30,2004 or thereafter), an audit conducted in accordance with the provisions of
section 215.97,Florida Statutes,is not required. In the event that the recipient expends less than
$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance
with the provisions of section 215.97,F.S., the cost of the audit must be paid from the non-state entity's
resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
4 Additional information regarding the Florida Single Audit Act can be found at:
http://w-w-w.mvflorida.com/audgen/pages/flsaa.htm
Rev. 09/03/2015 34
Attachment I —Audit Requirements
i
N/A Part III: Other Audit Requirements
Part IV: Report Submission
1 Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised,and required by Part I of this agreement shall be submitted,when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following at the
address indicated:
A. DEO at each of the following addresses.
Electronic copies (preferred): Auditnn.deo.mvflorida.com
or
Paper(hard copy):
Department Economic Opportunity
MSC# 130, Caldwell Building
107 East Madison Street
Tallahassee,FL 32399-4126
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number
of copies required by Sections .320 (d)(1) and (2),OMB Circular A-133,as revised,should be
submitted to the Federal Audit Clearinghouse) at the following address.
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10,h Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and
OMB Circular A-133,as revised.
2. Pursuant to Section .320 (0,OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320(c),OMB Circular A-133, as revised and any management
letter issued by the auditor, to DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.mvflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by Part II of this agreement shall be submitted
by or on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audi t@.deo.mvf[onda.com
or
Paper(hard copy):
Rev. 09/03/2015 35
Attachment I —Audit Requirements
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401 '
111 West Madison Street i
Tallahassee, FL 32399-1450 i
Email Address: flaudgen localgovtowaud.state.fl.us
i
4. Copies of reports or the management letter required by Part III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports,management letter, or other information required to be submitted to DEO
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,Florida
Statutes,and Chapters 10.550 (local governmental entities) or 10 650 (nonprofit and for-profit
organizations),Rules of the Auditor General, as applicable.
6. Recipients,when submitting financial reporting packages to DEO for audits done in accordance
I
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-
profit organizations),Rules of the Auditor General, should indicate the date that the reporting package
was delivered to the recipient in correspondence accompanying the reporting package.
,1
Part V: Record Retention
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of six (6) 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 a
i
longer, and shall allow DEO,or its designee,CFO, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to DEO, or its designee,
CFO,or Auditor General upon request for a period of 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.
Rev 09/03/2015 36
Exhibit 1 to Attachment I
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S Department of Housing and Urban Development
Pass-Through Entity: Florida Department of Economic Opportunity
Federal Award Identification Number: B-14-DC-12-0001
Federal Award Date: 8/7/2014
Total Federal Award to Pass-Through Entity: $24,130,014
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
Recipient's DUNS-Registered Name: Indian River, County of
Recipient's DUNS Number: 079208989 I
Federal Funds Obligated to Recipient by this Action: $750,000
Total Federal Funds Obligated to Recipient: $750,000
Total Federal Funds Committed to Recipient: $750,000
Project Description: Funding is being provided for needed infrastructure
improvements to benefit low- and moderate-income II
This is not a research and development award. persons residing in the Recipient's jurisdiction.
Indirect Cost Rate: 0.0%
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
i
1 The Recipient shall perform the obligations in accordance with 24 C.F.R. % 570.480—570.497.
2. The Recipient shall be governed by the laws,rules and regulations identified in Attachments E and F of this
Agreement.
3. The Recipient shall be governed by sections 290.0401- 290.048,F.S
4. The Recipient shall perform the obligations in accordance with chapter 73C-23,F.A.C.;the Program Budget,
Attachment A of this Agreement; the Activity Work Plan, Attachment B of this Agreement; the Project
Narrative from the Recipient's FFY 2013 Application for Funding,Attachment C of this Agreement;Parts
2, 7, and 9 of the Florida Small Cities CDBG FFY 2013 Application for Funding; and Program, Category
Specific,and Special Conditions,Attachment D of this Agreement.
State Resources Awarded to the Recipient 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
i
NOTE: Title 2 C.F.R. S 200.331 and section 215.97(5), F.S., require that the information about Federal Programs and State
Projects included in Exhibit 1 be provided to the Recipient.
Rev. 09/03/2015 37
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
a udit@deo.myflorida.com.
Recipient: Indian River County
FEIN: 596000674 Recipient's Fiscal Year:
Contact Name: Arluna Weragoda Contact's Phone: 772-226-1821
Contact's Email. aweragoda@rcgov.com
1. Did the Recipient expend state financial assistance, during its fiscal year, that it received under any
agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, i
economic incentive award agreement, etc.) between the Recipient and the Department of Economic
Opportunity (DEO)? ❑ Yes ❑ No
If the above answer is yes, answer the following before proceedmg to item 2.
Did the Recipient expend $500,000 or more of state financial assistance (from DEO and all other
�f
sources of state financial assistance combined) durmg its fiscal year? ❑ Yes ❑ No
If yes, the Recipient certifies that it will timely comply with all applicable State single or
project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did the Recipient expend federal awards during its fiscal year that it received under any agreement (e.g.,
contract,grant,memorandum of agreement, memorandum of understanding, economic incentive i
award agreement, etc.) between the Recipient and DEO? ❑ Yes ❑ No
If the above answer is yes, also answer the following before proceedmg to execution of this
certification:
Did the Recipient expend $750,000 or more in federal awards (from DEO and all other sources of
federal awards combined) during its fiscal year? ❑ Yes ❑ No R
If yes, the Recipient certifies that it will timely comply with all applicable single or program-
specific
ro ram-
specifc audit requirements of 2 C.F.R. part 200, subpart F, as revised. i
By signing below, I certify, on behalf of the Recipient, that the above representations for items 1
and 2 are true and correct.
i
Signature of Authorized Representative Date
f
Printed Name of Authorized Representative Title of Authorized Representative
Rev. 09/03/2015 38
I
Attachment K— eCDBG Access Authorization Form
Submit an original eCDBG Access Authorization Form with each copy of the contract.
Use the tab key to move between form fields when completing the form electronically.
Recipient Name: Contract Number. Funding Source:
71
Indian River County 16DB-OK-10-40-01-N05 Small Cities CDBG
Mailing Address(Street or P.O Box): 1801 27,1'Street
i
City,State,and Zip Code: Vero Beach,FL 32960
Recipient's DUNS#• 079208989 Recipient's FEID#. 596000674
Note: A maximum of two employees of the Recipient can be authorized to access eCDBG for this contract. The individuals
listed below have been designated to access eCDBG on behalf of the Recipient listed.above for the purpose of submitting
Requests for Funds(RFFs)and required reports. The eCDBG website address is—http://www.deoecdbg.com. If you need
to update the names of the individuals who are authorized to access eCDBG for this contract,submit a copy of SC-55, U
eCDBGAccess Authorization Update Form,to DEO. CDBG Program Phon Number: 850)717-8405
ro
Primary User's Name: .,^
Date: k +'
Arluna Weragoda Signa
JQ
Title: Capital Projects Manager E-mail Address:aweragoda ov.como
Secondary User's Name:
Date: �t i ( .•�'�OA1MlSS•'••. Q) �I
Vincent Burke .J .+,•
Si azure ,
V: Cjl
Title: Utilities Director E-mail Address:vburke@ircgov.com0 I
M®r _H
As the Chief Elected Official of the Recipient,I certify that the above individuals are authorizer tb sub 's U]
and reports through eCDBG on behalf of the Recipient.
to
Name: Bob Solan 119cerrber 1, 2 15 R�;fR000Nj,�.E' N >` o
ate: /C XML \ J U) la
Title: Chairman BOCC ��^ W t`
Signature
Additional Payment Information for Processing Requests for Funds
® Check here if the Recipient utilizes Electronic Funds Transfer(EFT) from the State of Florida.
❑ Check here if the Recipient will be working on a reimbursement basis. I
❑ If this signature authority form pertains to a housing rehabilitation grant,check here if your local government will use
an escrow account for housing activities.
CDBG payments to localgovernments 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. You can check the status j
of your deposit at the Comptroller's website: http://flair.dbf.state.fl.us/
L.ocalgovernments 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: Account Number:
Address: Telephone Number:
City,State and Zip Code:
Rev. 09/03/2015 39
i
®E4 Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-30
Ew. o � Small Cities CDBG Program Information Sheet April, 2015
Recipient Name. Indian River County CFDA Number: 14.228
Contract Number. 16DB-OK-10-40-01-N05
Contact Information
1. Chief Elected Official
CEO Name: B,,-A-- Solai:.t Title: Chairman BOCC
Address: 1801 27`h Street
City, State, Zip Code: Vero Beach, FL 32960-3388
Telephone No: (772) 226-1442 Ext: Fax Number: (772) 770-5143
E-Mail Address:
2. Recipient Employee Designated by Resolution to Sign Subgrant Documents
Name: Vincent Burke Title: Utilities Director i
Address: 1801 27`h Street
City, State, Zip Code: Vero Beach, FL 32960
Telephone No: (772) 226-1830 Ext: Fax Number: (772) 770-5143
E-Mail Address: vburke@ircgov.com
3. Chief Financial Officer
CFO Name: Jeffrey R. Smith Title: Circuit of Circuit Court& Comptroller
Address: 1801 27`" Street
City, State, Zip Code: Vero Beach, FL 32960 ;!
Telephone No: (772) 226-1201 Ext: Fax Number: (772) 770-5008
E-Mail Address: clerk@clerk.indian-river.org
i
4. Project Contact
Name. Arjuna Weragoda Title: Capital Projects Manager
Address: 1801 27`h Street
City, State, Zip Code: Vero Beach, FL 32960
Telephone No: (772) 226-1821 Ext: Fax Number: (772) 770-5143
E-Mail Address: aweragoda@ircgov.com
1 73C-23 0031, FAC
Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-30
Small Cities CDBG Program Information Sheet April, 2015
5. Civil Rights Contacts
Fair Housing Coordinator- William K. DeBraal
Title. Deputy County Attorney
Telephone No: (772) 226-1424 Ext:
E-Mail Address: bdebraal@ircgov.com
EEO Coordinator: Colleen Peterson
Title: Human Resource Manager
Telephone No: (772) 226-1377 Ext:
E-Mail Address: cpeterson@ircgov.com
Section 504/ADA Coordinator: Michael Zito
Title: Human Resource Manager
Telephone No: (772) 226-1223 Ext:
E-Mail Address: mzito@ircgov.com
i
6. Private Consultant (If applicable)
Consultant Firm: Guardian Community Resource Management, Inc.
Consultant Contact: J. Corbett Alday
Address: 15000 Citrus Country Drive, Suite 331
City, State, Zip Code: Dade City, FL 33523 '1
Telephone No: (352) 437-3902 Ext: Fax Number: (863) 583-0357
E-Mail Address: Corbett.Alday@GuardianCRM.com
Administrative Data
1. Local Government Federal ID Number: 596000674 +
2. Local Government DUNS Number: 179208989
3. Districts: United States Congress 15
Florida Senate 16,32 Florida House 54
2 73C-23.0031, FAC
y t�
®E;• ' Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-30
� � -Small Cities CDBG Program Information Sheet
April, 2015
4. If the recipient is not receiving Electronic Funds Transfer (Eli]) from the State of Florida, please provide
an address for transmittal of the reimbursement warrant:
Recipient Name.Jt d•�-, U r
I Street Address. 480
a7714
City, State, Zip: Vere Beet.iact�n�n I
I
5 Please provide a brief Project Description:
I
Service Area 1 —West Wabasso Phase 2 New Sewer Mains
I
I
The proposed project includes Phase II of the West Wabasso new sewer mains, 16 manholes and laterals. The general
location of the proposed project is in the northeast section of Indian River County just north of Vero Beach off of Highway
US 1. The boundary streets for the proposed project are in the area south of 510 between 64th Avenue and 62nd Avenue.
A new lift station will also be provided south of County Road 510. New sewer mains in the area of West Wabasso will
provide for elimination of substandard septic systems and improve quality of life for that community by improving property
values and providing access to safe sanitary sewer. A complimentary benefit will be the reconstruction of streets and paving
to modern standards,further adding to quality of life in the community *Please also note the Gifford flood and drainage
improvements that includes proposed swales located on the north side of 43rd Street between 25th Avenue on the west and
24th Court on the east do not have surveyed beneficiaries calculated in the CDBG project area as this work will be addressed
with non CDBG funds.
Service Area 1 —West Wabasso Phase 2 New Sewer Hookups I
i
The proposed project includes Phase 11 of the West Wabasso new sewer hook-ups in the general location northeast section
of Indian River County just north of Vero Beach off of Highway US 1 The boundary streets for the proposed project are in
the area south of 510 between 64th Avenue and 62nd Avenue. Up to 45 hook-ups are possible,but 30 are claimed for
scoring purposes to be conservative in terms of participation in the County's hookup plan which will include making SHIP
(State Housing Initiative Funds)available for LMI owner occupied units who choose to apply and meet the qualification
requirements.
Service Area 2—Gifford Flood and Drainage
l
Flood and drainage improvements include improving swales and new culverts in the East Gifford area between 28th Avenue
to the west,Old Dixie Hwy to the east,43rd Street to the north and 42nd Street to the south encompassing 42nd Place,27th
i
Avenue,26th Avenue,25th Avenue,24th Ct.and 24th Avenue. Re-graded swales and new culvert pipes will convey
stormwater flows to the existing wet detention pond located south of 42nd Street. *Please also note that the proposed work
on 41st Street reflected on pages C-3,C-4,CA and C-12 of construction drawings will be addressed with non-CDBG
funds.
i
3 73C-23 0031, FAC
�m Department of Economic Opportunity-Small Cities Community Development Block Grant Program Form SC-31
Civil Rights Profile Sheet
April 2015
Recipient Name: Indian River County
Contract Number 16DB-OK-1 0-40-01-N05 Date: October 28, 2015
Demographic Data
I
1. Total Number of Local Government Employees: 685 (Do not include constitutional officers)
2. Number of Employees who work on CDBG-funded activities. 6
i
3. Total Number of Local Government Minority Employees: 66(Do not include constitutional officers.)
4. Number of Minority Employees who work on CDBG funded activities. 1
5. Local Government Population #: 138,028 (Counties-do not include populations of
incorporated cities.)
6. Local Government Minority Population: 17,392 (Counties-do not include populations of
incorporated cities)
7 Local Government Minority Population Percentage: 12.6 (Counties-do not include populations of
incorporated cities)
8. Percentage of Persons of Low- and Moderate-Income in the Local Government: 34,800 (Counties-do
not include populations ofincorporated cities.)
For Neighborhood Revitalization and Commercial Revitalization Projects Only
I
I
9 Service Area Population: 198 �
10. Percentage of Persons of Low- and Moderate-Income in the Service Area: 94%
To document civil rights compliance, this profile and the beneficiary table on page 2 must be completed and returned
to:
I
i
Small Cities CDBG Program
Department of Economic Opportunity
107 East Madison Street
MSC- 400
Tallahassee,Florida 32399-6508
Retain a file copy in the event that a CDBG grants manager wishes to review it during a monitoring visit.
1 73C-23.0031, FAC
DEO
Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-31
Civil Rights Profile Sheet April, 201
p 5
Instructions for Completing Beneficiary Form
For All Subgrants:
Use application survey data or census data,as appropriate, to determine beneficiary information. Complete a copy of
the form below for each activity, except Administration and Engineering. Submit civil rights information with j
executed contract and update the data upon completion of subgrant activities.
1. Total Beneficiaries in Service Area. Using project data on eligible individuals, enter number of individual
beneficiaries in each population group to be assisted.
2. LMI Beneficiaries in Service Area: Using project data regarding individuals,enter number of individual LMI
beneficiaries in each population group to be assisted.
ii
For Economic Development Subgrants Only (Should be provided at the time ofgrant completion)
i
3. Job Applicants: Use job applicant information provided by the employer and enter number of individual job
applicants in each population group to complete.
4. Job Hires: Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
iFor Housing Subgrants Only:
5 (Complete column 5 below at closeout using data provided by assisted households.)
I
Activity Name: Service Area 1B - New Sewer Line
Population 1 Total 2.LMI 3 Job 4.Employees 5.Housing
Group Beneficiaries Beneficiaries Applicants Hired Beneficiaries 6.Hispanic l
White 12 12 N/A N/A N/A 8
i
African American 83 79 N/A N/A N/A N/A
Asian N/A N/A N/A N/A N/A N/A
Native Hawauan/Pacific
Islander N/A N/A N/A N/A N/A N/A
American Indian/Alaskan N/A N/A N/A N/A N/A N/A
Native
Other Multi-Racial 3 3 N/A N/A N/A N/A
Female Head of
Household 13 N/A N/A N/A N/A N/A
Elderly Head of 28 N/A N/A N/A N/A N/A
Household
Handicapped 9 N/A N/A N/A N/A N/A
2 73C-23.0031, FAC
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Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-31
Civil Rights Profile Sheet April, 2015
Activity Name: Service Area 213- Drainage
Population 1 Total 2.L1\4I 3 Job 4 Employees 5. Housing
Group Beneficiaries Beneficiaries Applicants Hired Beneficiaries 6 Hispanic
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White 6 6 N/A N/A N/A 0
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African American 89 83 N/A N/A N/A N/A j
Asian N/A N/A N/A N/A N/A N/A
Native Hawaiian/Pacific
Islander N/A N/A N/A N/A N/A N/A
American Indian/Alaskan
Native N/A N/A N/A N/A N/A N/A
Other Multi-Racial 4 4 N/A N/A N/A N/A
Female Head of
Household 13 N/A N/A N/A N/A N/A:]
Elderly Head of
Household 19 N/A N/A N/A N/A N/A I
Handicapped 7 N/A N/A N/A
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3 73C-23.0031, FAC
Department of Economic Opportunity—Small Cities Community Development Block Grant Program Form SC-32
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a �;:ron�r Instructions for Completing CDBG Subgrant Agreement and Attachments 9/22/2015
1. CDBG Subgrant Agreement
The Subgrant Agreement binds the local government to the proposed CDBG project and requires compliance with all
applicable CDBG laws, rules,and regulations. The name and contact information for the contact person listed in the
Application for Funding has been inserted on page 7 of the Agreement. If the contact person needs to be changed,
call your grant manager at the number listed on page 7 Two copies of the Agreement must be submitted to the
Department of Economic Opportunity (DEO). Original signatures are required on both copies in three
places—the Subgrant Agreement Signature Page (page 15), the last page of Attachment E—Civil Rights
Compliance(page 32),and the eCDBCAccess Authorization Form (Attachment K—page 42). The two originals
of the Agreement must be returned to DEO within 60 days of the local government's receipt of the Agreement.
Following final signature by DEO,a fully executed copy of the Agreement will be mailed to the Chief Elected Officer.
There are a number of new and revised terms and conditions in the subgrant agreement. Staff members who will be
responsible for implementing the subgrant agreement should become familiar with them,especially conditions 23-27 on
pages 12-14. Program, Category Specific, and Special Conditions are contained in Attachment D of the Agreement.
Fair Housing,Equal Employment Opportunity,Section 504/Americans with Disabilities Act,and Section 3
requirements are contained in Attachment E. Attachment F contains State and Federal Statutes and Regulations. Staff
should also become familiar with the requirements listed in these three attachments.
2. Program Budget—Attachment A
The program Budget has been completed based on the budget information included in the Application for Funding.
If any changes are needed to the Program Budget,contact your grant manager.
3. Activity Work Plan—Attachment B
The Activity Work Plan has been completed based on information from the Application for Funding and the contact
person/consultant listed in the application. It reflects a time line when the Subgrant activities that are included in the
Program Budget will be completed and when funds will be requested from DEO. If any changes are needed to the
Activity Work Plan,contact your grant manager.
The Department reserves the right to reject any proposed work plans that fail to demonstrate an orderly progression of
activities over the term of the Agreement.
4. Project Narrative—Attachment C
The Project Narrative from the Application for Funding.has been copied into the Agreement. The narrative is part of
the Scope of Work for the subgrant.
5. Civil Rights Compliance—Attachment E
Attachment E requires each Recipient of a CDBG Subgrant Agreement to certify that it is in compliance with Federal
laws related to Fair Housing,Equal Employment Opportunity,Section 504/Americans with Disabilities Act, and
Section 3 of the Housing and Urban Development Act of 1968. The Chief Elected Officer must sign each copy of
Attachment E certifying that the Recipient shall comply with all provisions listed in the attachment.
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Department of Economic Opportunity-Small Cities Community Development Block Grant Program Form SC-32
DE
Instructions for Completing CDBG Subgrant Agreement and Attachments 9/22/2015
6. Audit Compliance Certification-Attachment J
Do not sign or date the Audit Compliance Certification form. This form will have to be subrrutted to DEO each
November until the Agreement is final closed.
7. eCDBG Access Authorization Form -Attachment K
An eCDBG Access Authorization Form with original signatures must be completed for each copy of the Agreement.
The eCDBG Access Authorization Form is Attachment K of the Agreement. The purpose of this form is to identify a
maximum of two individuals in your local government who are authorized to submit Request for Funds to DEO, and,
if applicable, to designate the bank account where CDBG funds are to be electronically deposited.
Unless the local government will use local funds to initially pay for project costs and then request reimbursement from
the grant,a separate non-interest bearing checking account must be maintained for each CDBG grant. Each of the
individuals authorized to sign checks for the distribution of CDBG funds pursuant to the Agreement must be bonded
orinsured.
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Please identify the non-interest bearing bank account number, bank name,and address, as well as the names and titles
of the persons authorized to request funds. A copy of Attachment K, containing the original signatures of the chief
elected official and those individuals authorized to request funds and submit same to DEO electronically,must be
included with the each copy of the signed Agreement.
8. If anyone other than the Chief Elected Officer will be authorized to execute the Agreement or to sign
amendment requests, reports, or other contractually required documents, a copy of the resolution or other
action by the legislative body authorizing the delegation must be attached to the Agreement, unless
previously included with the application.
9. Small Cities CDBG Program Information Sheet, Form SC-30
The Small Cities CDBG Program Information Sheet,.Form SC-30, (attached) must be completed. It provides names
and contact information for the Chief Elected Official,Chief Financial Officer,Project Contact, Civil Rights Contacts,
and the paid consultant (if applicable). The form also requests some administrative data and a brief project description.
This information will be used to load data into eCDBG. One copy of the form must be returned to DEO with
your executed Agreement.
10. Civil Rights Profile Sheet, Form SC-31
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Submit one completed copy of the Civil Rights Profile Sheet, Form SC-31, to DEO to facilitate the civil rights review. i
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