HomeMy WebLinkAbout2025 06 23 Consent 303 - Grant Matching Agreement for Safe Room Police DepartmentCONSENT AGENDA ITEM 303
CITY COMMISSION AGENDA | JUNE 23, 2025 REGULAR MEETING
TITLE
Execution of the Subrecipient Agreement for the Police Station Safe Room Project
under the Community Development Block Grant Disaster Recovery (CDBG-DR) Hazard
Mitigation Grant Match Program (HMGMP).
SUMMARY
The City of Winter Springs previously submitted two grant applications for the Police
Station Safe Room project. The first grant application, which will fund 75% of the
project costs, was submitted through the Hazard Mitigation Grant Program (HMGP)
sponsored by the Federal Emergency Management Agency’s (FEMA), and administered
by the Florida Division of Emergency Management (FDEM). The second grant
application, which will fund the remaining 25% of the project costs, was submitted
through the Hazard Mitigation Grant Match Program (HMGMP) sponsored by the U.S.
Department of Housing and Urban Development’s (HUD), and administered by Florida
Commerce.
The City has already received a fully executed HMGP grant agreement from the FDEM
for the implementation of Phase I services (i.e., engineering design and permitting
services).
The City has recently received the HMGMP grant agreement from FloridaCommerce
(Commerce Agreement No. HI006). City staff is hereby requesting City Commission
approval and execution of the HMGMP grant agreement by the Mayor. Once the
document is City-executed, it will be returned to FloridaCommerce for full execution.
Upon receipt of a fully executed HMGMP grant agreement, the City will be able to
procure professional services for the design and permitting of the project.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD) Community Development
Block Grant Disaster Recovery (CDBG-DR) Hazard Mitigation Grant Match Program
(HMGMP), administered by FloridaCommerce. Any initial funds will come from the 303
Public Facilities Capital Projects fund and then be subsequently reimbursed.
RECOMMENDATION
City staff is hereby requesting City Commission approval and execution of the HMGMP
grant agreement by the Mayor.
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State of Florida
Department of Commerce
Federally Funded
Community Development Block Grant
Disaster Recovery (CDBG-DR) Hazard Mitigation
Grant Match Program
Subrecipient Agreement
THIS AGREEMENT is entered into by the State of Florida, Department of Commerce, (“Commerce” or
“Grantee”) and Winter Springs, Florida (“Subrecipient”), each individually a “Party” and collectively “the
Parties.”
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
WHEREAS, pursuant to the authority of the Department of Housing and Urban Development
Appropriations Act, 2023 (Pub. L. 117-328) approved December 9, 2022 (“the Appropriations Act”). The
requirements of the Appropriations Act and implementing regulations at 24 CFR part 570, and the requirements
of the Federal Register (“FR”) notice, 88 FR 32046 (May 18, 2023), (“Federal Register Guidance”), as now in
effect and as may be amended from time to time, and as modified by waivers, alternative requirements, and
other requirements described in Federal Register notices published as of this date or in the future, the U.S.
Department of Housing and Urban Development (“HUD”) has awarded Community Development Block
Grant - Disaster Recovery (“CDBG-DR”) funds to Commerce for activities authorized under Title I of the
Housing and Community Development Act of 1974 (42 United States Code (“U.S.C.”) 5301 et seq.) and
described in the 2023 State of Florida Action Plan for Disaster Recovery (“Action Plan”).
WHEREAS, Subrecipient has executed a Hazard Mitigation Grant Program (“HMGP”) Agreement
with the Florida Division of Emergency Management (“DEM”) which requires the Subrecipient to supply 25%
of the required cost share or local match.
WHEREAS, CDBG-DR funds made available for use by Subrecipient under this Agreement
constitute a subaward of the Grantee’s Federal award, the use of which must be in accordance with
requirements imposed by Federal statutes, regulations and the terms and conditions of Commerce’s Federal
award.
WHEREAS, CDBG-DR funds made available for use by Subrecipient under this Agreement shall be
used as the Subrecipient’s cost share or local match required by the HMGP Agreement.
WHEREAS, Subrecipient has legal authority to enter into this Agreement and by signing this
Agreement, Subrecipient represents and warrants to Commerce that it will comply with all the requirements of
the subaward described herein.
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WHEREAS, the aggregate use of CDBG-DR funds shall principally benefit low and moderate
income persons in a manner that ensures at least 70 percent of the grant amount awarded under this
Agreement is expended for activities that benefit such persons.
NOW THEREFORE, Commerce and Subrecipient agree to the following:
(1) Scope of Work. The Scope of Work for this Agreement includes “Attachment A,” “Scope of Work.”
With respect to “Attachment B,” “Project Budget,” and “Attachment C,” “Activity Work Plan,” Subrecipient
shall submit to Commerce such Attachments in conformity with the current examples attached hereto as
necessary and appropriate. If there is a disagreement between the Parties with respect to the formatting and
contents of such attachments, then Commerce’s decisions with respect to the same shall prevail at Commerce’s
sole and absolute discretion.
(2) Incorporation of Laws, Rules, Regulations and Policies. Subrecipient agrees to abide by all applicable
State and Federal laws, rules and regulations, as now in effect and as may be amended from time to time,
including but not limited to, the Federal laws and regulations set forth in 24 CFR Part 570 applicable Federal
Register Notices, and the State’s Action Plan, and all applicable CDBG-DR regulations and guidelines.
Subrecipient shall ensure that all of its activities under this Agreement shall be conducted in conformance with
these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR
Part 58, 24 CFR Part 570 subpart I, et seq., and all other applicable federal laws, regulations, and policies
governing the funds provided under this Agreement as now in effect and as may be amended from time to
time.
(3) Period of Agreement. This Agreement begins on July 16, 2024 and ends on October 31, 2025, as stated
in the Florida Division of Emergency Management companion agreement, section 8 Period of Agreement.
unless otherwise terminated as provided in this Agreement. Commerce shall not grant any extension of this
Agreement unless Subrecipient provides justification satisfactory to Commerce in its sole discretion and
Commerce’s Deputy Secretary, or designee, approves such extension.
(4) Modification of Agreement. Modifications to this Agreement shall be valid only when executed in
writing by the Parties. Any modification request by Subrecipient constitutes a request to negotiate the terms
of this Agreement. Commerce may accept or reject any proposed modification based on Commerce’s sole
determination and absolute discretion, that any such acceptance or rejection is in the State’s best interest.
(5) Records.
(a) Subrecipient’s performance under this Agreement shall be subject to 2 CFR Part 200 – Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in
effect and as may be amended from time to time.
(b) Representatives of Commerce, the Chief Financial Officer of the State of Florida, the Auditor General
of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability,
and representatives of the Federal government and their duly authorized representatives shall have
access to any of Subrecipient’s books, documents, papers and records, including electronic storage
media, as they may relate to this Agreement, for the purposes of conducting audits, examinations, or
making excerpts or transcriptions.
(c) Subrecipient shall maintain books, records and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures of funds
provided by Commerce under this Agreement.
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(d) Subrecipient will provide to Commerce all necessary and appropriate financial and compliance audits
in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure that
all related parties’ transactions are disclosed to the auditor.
(e) Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement
and the compliance of all subrecipients, contractors, subcontractors and consultants paid from funds
under this Agreement for a period of six (6) years from the date Commerce issues the final closeout
for this award. Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR
570.502(a)(7)(ii). Subrecipient shall further ensure that audit working papers are available upon request
for a period of six (6) years from the date Commerce issues the final closeout of this Agreement, unless
extended in writing by Commerce. The six-year period may be extended for the following reasons:
1. Litigation, claims, or audits initiated before the six-year period expires or extends beyond the
six-year period, in which case the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $1,000 or more at
the time of acquisition shall be retained for six (6) years after final disposition.
3. Records relating to real property acquired shall be retained for six (6) years after the closing on
the transfer of title.
(f) Subrecipient shall maintain all records and supporting documentation for Subrecipient and for all
contractors, subcontractors and consultants paid from funds provided under this Agreement, including
documentation of all program costs in a form sufficient to determine compliance with the requirements
and objectives of the scope of work and all other applicable laws and regulations.
(g) Subrecipient shall either: (i) maintain all funds provided under this Agreement in a separate bank
account or (ii) ensure that Subrecipient’s accounting system shall have sufficient internal controls to
separately track the expenditure of all funds from this Agreement. Provided further, that the only
option available for advanced funds is to maintain such advanced funds in a separate bank account.
There shall be no commingling of funds provided under this Agreement with any other funds, projects
or programs. Commerce may, in its sole discretion, disallow costs made with commingled funds and
require reimbursement for such costs as described herein, Subparagraph (21)(e), Repayments.
(h) Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to representatives of Commerce, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the Federal government or their duly authorized representatives.
“Reasonable” shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
(6) Audit Requirements.
(a) Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2
CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards
from all sources during its fiscal year.
(b) Within sixty (60) calendar days of the close of Subrecipient’s fiscal year, on an annual basis,
Subrecipient shall electronically submit a completed Audit Compliance Certification to
audit@commerce.fl.gov, and Commerce’s grant manager; a blank version of which is attached hereto
as “Attachment J.” Subrecipient’s timely submittal of one completed Audit Compliance Certification
for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants,
memorandums of understanding, memorandums of agreement, economic incentive award agreements,
etc.) between Commerce and Subrecipient.
(c) In addition to the submission requirements listed in “Attachment I,” “Audit Requirements,”
Subrecipient shall send an electronic copy of its audit report to Commerce’s grant manager for this
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Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-DR
subgrant.
(d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including but
not limited to the pertinent Report Submissions provisions of 2 CFR 200.512, when such provisions
are applicable to this Agreement.
(7) Reports. Subrecipient shall provide Commerce with all reports and information set forth in Attachment
G, Reports. The monthly reports and administrative closeout reports must include the current status and
progress of Subrecipient and all subcontractors in completing the work described in the Scope of Work,
Attachment A, and the expenditure of funds under this Agreement. Within ten (10) calendar days of a request
by Commerce, Subrecipient shall provide additional program updates or information. Without limiting any
other remedy available to Commerce, if all required reports and copies are not sent to Commerce or are not
completed in a manner acceptable to Commerce, payments may be withheld until the reports are completed to
Commerce’s satisfaction. Commerce may also take other action as stated in Section (12) Remedies or otherwise
allowable by law.
(8) Inspections and Monitoring.
(a) Subrecipient shall cooperate and comply with Commerce, HUD, and auditors with any inspections
and will immediately provide access to records and financial statements as deemed necessary by
Commerce, HUD, and their respective auditors at least in accordance with requirements of 2 CFR part
200 and 24 CFR 570.489.
(b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by
Commerce to ensure that the subaward is used for authorized purposes in compliance with federal
statutes, regulations, and this Agreement.
(c) Without limiting the actions Commerce, HUD, or their respective investigators may take, monitoring
procedures will include at a minimum: (1) reviewing financial and performance reports required by the
Grantee, (2) following-up and ensuring that Subrecipient takes timely and appropriate action on all
deficiencies pertaining to the Federal award provided to Subrecipient from the Grantee as detected
through audits, on-site reviews and other means, and (3) issuing a management decision for audit
findings pertaining to this Federal award provided to Subrecipient from the Grantee as required by 2
CFR §200.521.
(d) Corrective Actions: Commerce may issue management decisions and may consider taking enforcement
actions if noncompliance is detected during audits. Commerce may require Subrecipient to take timely
and appropriate action on all deficiencies pertaining to the Federal award provided to Subrecipient
from the pass-through entity as detected through audits, on-site reviews and other means. In response
to audit deficiencies or other findings of noncompliance with this agreement, Commerce may in its
sole discretion and without advance notice, impose additional conditions on the use of the CDBG-
DR funds to ensure future compliance or provide training and technical assistance as needed to correct
noncompliance. Commerce may also take other action as stated in Section (12) Remedies or otherwise
allowable by law.
(9) Duplication of Benefits. Subrecipient shall not carry out any of the activities under this Agreement in a
manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et seq.) and described in Appropriations
Act. Subrecipient must comply with HUD’s requirements for duplication of benefits, as described in the Federal
Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under
this Agreement in compliance with Commerce’s procedures to prevent duplication of benefits. Subrecipient
shall sign a Subrogation Agreement (See Attachment M).
(10) Liability.
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(a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S., pursuant to Section
768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for
the other Party’s negligence.
(b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or
employs to carry out the terms of this Agreement to the extent set forth in the tort monetary limits of
Section 768.28, Florida Statutes. Subrecipient shall hold Commerce harmless against all claims of
whatever nature arises from the work and services performed by third parties under this Agreement.
For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of Commerce
but is an independent contractor.
(c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result
in claims or suits against Commerce. Subrecipient agrees to be liable for any damages proximately
caused by the acts or omissions to the extent set forth in the tort monetary limits of Section 768.28,
F.S. Nothing herein shall be construed as consent by Commerce or the State of Florida to be sued by
third parties in any matter arising out of any agreement, contract, or subcontract.
(d) Nothing herein is intended to serve as a waiver of sovereign immunity by Commerce or Subrecipient.
(11) Events of Default. If any of the following events occur (“Events of Default”), Commerce may, in its sole
and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any
of the remedies set forth in Section (12) Remedies or pursue any remedy at law or in equity, without limitation:
(a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement
with Commerce, is or becomes false or misleading in any respect, or if Subrecipient fails to keep or
perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with
Commerce or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to
meet its obligations under this Agreement and/or as required by statute, rule, or regulation;
(b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the
term of this Agreement and Subrecipient fails to cure this adverse change within thirty (30) calendar
days from the date written notice is sent by Commerce;
(c) If Subrecipient fails to submit any required report or submits any required report with incorrect,
incomplete or insufficient information or fails to submit additional information as requested by
Commerce;
(d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement,
including participating in Commerce’s Implementation Workshop. The Parties agree that in the event
Commerce elects to make payments or partial payments after any Events of Default, it does so without
waiving the right to exercise any remedies allowable herein or at law and without becoming liable to
make any further payment.
(e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if
such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and
the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other
similar cause wholly beyond the Party’s control or for any of the foregoing that affects subcontractors
or suppliers if no alternate source of supply is available. However, in the event of delay from the
foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or
disruption in the Party’s performance obligation under this Agreement. If the delay is excusable under
this paragraph, the delay will not result in any additional charge or cost under the Agreement to either
Party. In the case of any delay Subrecipient believes is excusable under this paragraph, Subrecipient
shall notify Commerce in writing of the delay or potential delay and describe the cause of the delay
either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,
if Subrecipient could reasonably foresee that a delay could occur as a result, or (2) within five (5)
calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay
is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE
SUBRECIPIENT’S SOLE REMEDY OR EXCUSE WITH RESPECT TO
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DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. Commerce, in its sole discretion, will determine if the delay is excusable under this paragraph
and will notify Subrecipient of its decision in writing. No claim for damages, other than an extension
of time, shall be asserted against Commerce. Subrecipient shall not be entitled to an increase in the
Agreement price or payment of any kind from Commerce for direct, indirect, consequential, impact
or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency
arising because of delay, disruption, interference or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this
paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless
Commerce determines, in its sole discretion, that the delay will significantly impair the value of the
Agreement to Commerce or the State, in which case, Commerce may do any or all of the following: (1)
accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants
preferential treatment to Commerce with respect to products or services subjected to allocation; (2)
purchase from other sources (without recourse to and by Subrecipient for the related costs and
expenses) to replace all or part of the products or services that are the subject of the delay, which
purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or
in part.
(12) Remedies. If an Event of Default occurs, Commerce may in its sole discretion and without limiting any
other right or remedy available, provide thirty (30) calendar days written notice to Subrecipient and if
Subrecipient fails to cure within thirty (30) calendar days Commerce may choose to exercise one or more of
the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement upon written notice by Commerce sent in conformity with Section (16)
Notice and Contact;
(b) Begin any appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Demand Subrecipient return to Commerce any funds used for ineligible activities or unallowable costs
under this Agreement or any applicable law, rule or regulation governing the use of the funds,
Commerce may withhold payments to Subrecipient for the purpose of set-off until the exact amount
of damages due to Commerce from Subrecipient is recovered; and
(e) Exercise any corrective or remedial actions, including but not limited to:
1. Requesting additional information from Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance;
2. Issuing a written warning to advise that more serious measures may be taken if the
situation is not corrected; and/or
3. Advising Subrecipient to suspend, discontinue or refrain from incurring costs for any
activities in question.
(f) Exercise any other rights or remedies which may be otherwise available under law.
Pursuit of any of the above remedies does not preclude Commerce from pursuing any other remedies in this
Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure
by Commerce to require strict performance does not affect, extend, or waive any other right or remedy available
or affect the later exercise of the same right or remedy by Commerce for any other default by Subrecipient.
(13) Dispute Resolution. Commerce shall decide disputes concerning the performance of the Agreement,
and document dispute decisions in writing and serve a copy of same on Subrecipient. All decisions are final
and conclusive unless Subrecipient files a petition for an administrative hearing with Commerce within twenty-
one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in
Chapter 120, F.S., is an absolute condition precedent to Subrecipient’s ability to pursue any other form of
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dispute resolution; provided however, that the Parties may mutually agree to employ the alternative dispute
resolution procedures outlined in Chapter 120, F.S.
(14) Citizen Complaints. The goal of Commerce is to provide an opportunity to resolve citizen complaints
in a timely manner, and to provide the right to participate in the process and appeal a decision when there is
reason for an applicant to believe its application was not handled according to program policies. Commerce
will provide a timely written response to every citizen complaint within fifteen (15) business days of the receipt
of the complaint, as expected by HUD, and will provide a resolution to the complaint, where possible, within
the same 15-day period. All applications, guidelines and websites will include details on the right to file a
complaint or appeal and the process for filing a complaint or beginning an appeal.
The Subrecipient will handle citizen complaints by:
(a) Conducting investigations, as necessary;
(b) Finding a resolution; or
(c) Conducting follow-up actions.
Program Appeals
Applicants may appeal program decisions related to one of the following activities:
(a) A program eligibility determination;
(b) A program assistance award calculation; or
(c) A program decision concerning housing unit damage and the resulting program outcome.
Citizens may file a written complaint or appeal with the Office of Long-Term Resiliency by email at CDBG-
DR@commerce.fl.gov. or by mail to the following address:
Attention: Office of Long-Term Resiliency
Florida Department of Commerce
107 East Madison Street
The Caldwell Building, MSC 420
Tallahassee, Florida 32399
HUD Complaints
If the complainant is not satisfied by the Subrecipient’s determination or Commerce’s response, then the
complainant may file a written appeal by following the instructions issued in the letter of response. If the
complainant has not been satisfied with the response at the conclusion of the complaint or appeals process, a
formal complaint may then be addressed directly to the regional Department of Housing and Urban
Development (HUD) at:
Department of Housing & Urban Development
Charles E. Bennet Federal Building
400 West Bay Street, Suite 1015
Jacksonville, FL 32202
Fair Housing Complaints
The Florida Office of Long-Term Resiliency operates in Accordance with Federal Fair Housing Law (The Fair
Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a
complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or
www.hud.gov/fairhousing.
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(15) Termination.
(a) Commerce may immediately suspend or terminate this Agreement for cause by providing written
notice, from the date notice is sent by Commerce. Cause includes, but is not limited to; an Event of
Default as set forth in this Agreement: Subrecipient’s improper or ineffective use of funds provided
under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes,
executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or
properly perform any of Subrecipient’s obligations under this Agreement; submission of reports that
are incorrect or incomplete in any material respect and refusal to permit public access to any document,
paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended.
The aforementioned reasons for termination are listed in the immediately preceding sentence for
illustration purposes but are not limiting Commerce’s sole and absolute discretion with respect to
Commerce’s right to terminate this Agreement. In the event of suspension or termination,
Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs.
(b) Commerce may unilaterally terminate this Agreement, in whole or in part, for convenience by
providing Subrecipient fourteen (14) days written notice from the date notice is sent by Commerce,
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, Commerce determines
that the remaining portion of the award will not accomplish the purpose for which the award was
made, Commerce may terminate the portion of the award which will not accomplish the purpose for
which the award was made. Subrecipient shall continue to perform any work not terminated. In the
event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation
charges, lost profits, or unreimbursed costs for the terminated portion of work.
(c) The Parties may terminate this Agreement for their mutual convenience in writing, in the manner
agreed upon by the Parties, which must include the effective date of the termination.
(d) In the event that this Agreement is terminated, Subrecipient shall not incur new obligations under the
terminated portion of the Agreement after the date Subrecipient has received the notification of
termination. Subrecipient shall cancel as many outstanding obligations as possible. Commerce shall
disallow all costs incurred after Subrecipient’s receipt of the termination notice. Commerce may, to
the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the
exact amount of damages due to Commerce from Subrecipient is recovered.
(e) Upon expiration or termination of this Agreement Subrecipient shall transfer to Commerce any
CDBG-DR funds on hand at the time of expiration or termination and any accounts receivable
attributable to the use of CDBG-DR funds.
(f) Any real property under Subrecipient’s control that was acquired or improved in whole or in part with
CDBG-DR funds (including CDBG-DR funds provided to subrecipient in the form of a loan) in
excess of $25,000 must either:
1. Be used to meet a national objective until five (5) years after expiration or termination of
this Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set
forth herein; or
2. If not used to meet a national objective, Subrecipient shall pay to Commerce an amount
equal to the current market value of the property less any portion of the value attributable
to expenditures of non-CDBG-DR funds for the acquisition or improvement of the
property for five years after expiration or termination of this Agreement.
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(g) The rights and remedies under this clause are in addition to any other rights or remedies provided by
law or under this Agreement.
(16) Notice and Contact.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery,
first class or certified mail with return receipt requested, email with confirmation of receipt of email
from Subrecipient, to the representative identified below at the address set forth below or said
notification attached to the original of this Agreement.
(b) The name and address of Commerce’s Grant Manager for this Agreement is:
Forrest Brewton
107 E Madison St
Tallahassee, FL, 32399
Phone: 850-921-3286
Email: Forrest.Brewton@commerce.fl.gov
(c) The name and address of the Local Government Project Contact for this Agreement is:
Kevin Sweet
1126 East State Road 434
City of Winter Springs, FL 32708
Phone: 407-327-5950
Email: ksweet@winterspringsfl.org
(d) If different representatives or addresses are designated by either Party after execution of this
Agreement, notice of the name, title and address of the new representative will be provided to the
other Party to this Agreement. Such change shall not require a formal amendment of the Agreement.
(17) Contracts. If Subrecipient contracts any of the work required under this Agreement, a copy of the
proposed contract and any proposed amendments, extensions, revisions or other changes thereto, must be
forwarded to the Commerce grant manager for prior written approval. For each contract, Subrecipient shall
report to Commerce as to whether that contractor or any subcontractors hired by the contractor, is a minority
business enterprise, as defined in Section 288.703, F.S. Subrecipient shall comply with the procurement
standards in 2 CFR §200.318 - §200.327 and §200.330 when procuring property and services under this
Agreement (refer to Attachments D & E).
Subrecipient shall include the following terms and conditions in any contract pertaining to the work required
under this Agreement:
(a) the period of performance or date of completion;
(b) the performance requirements;
(c) that the contractor is bound by the terms of this Agreement;
(d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations;
(e) that the contractor shall hold Commerce and Subrecipient harmless against all claims of whatever
nature arising out of the contractor’s performance of work under this Agreement;
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(f) the obligation of Subrecipient to document in Subrecipient’s reports the contractor’s progress in
performing its work under this Agreement;
(g) the requirements of 2 CFR Appendix II to Part 200 – Contract Provision for Non-Federal Entity
Contract Under Federal Awards – (refer to Attachment L)
Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR
570.489(l)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and
provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages.
Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its
contractors perform according to the terms and conditions of the procured contracts or agreements and the
terms and conditions of this Agreement.
(18) Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the
Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement;
and this Agreement supersedes all previous understandings. No waiver by Commerce may be effective unless
made in writing by an authorized Commerce official.
(19) Attachments.
(a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise,
the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(b) This Agreement contains the following attachments:
Attachment A – Scope of Work
Attachment B – Project Budget (Example)
Attachment C – Activity Work Plan (Example)
Attachment D – Program and Special Conditions
Attachment E – State and Federal Statutes, Regulations and Policies
Attachment F – Civil Rights Compliance
Attachment G – Reports
Attachment H – Warranties and Representations
Attachment I – Audit Requirements
Exhibit 1 to Attachment I – Funding Sources
Attachment J – Audit Compliance Certification
Attachment K – SERA Access Authorization Form
Attachment L – 2 CFR Appendix II to Part 200
Attachment M – Subrogation Agreement
Attachment N – HMGP Agreement H1105 Attachment A, Budget and Scope of Work
(provided for illustrative purposes)
(20) Funding/Consideration.
(a) The funding for this Agreement shall not exceed One Hundred and Eighty Five Thousand Eight
Hundred and Sixty-three Dollars and Fifty Cents ($185,863.50) subject to the availability of funds.
The State of Florida and Commerce’s performance and obligation to pay under this Agreement is
contingent upon annual appropriations by the Legislature and subject to any modification in
accordance with Chapter 216, F.S. or the Florida Constitution. Obligations to pay exceeding the annual
appropriations by the Legislature shall render this Agreement void ab initio.
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(b) Commerce will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund
Availability (NFA) through Commerce’s financial management information system. Each NFA may
contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds
provided by the NFA. By accepting funds made available through an NFA, Subrecipient agrees to
comply with all terms, conditions, assurances, restrictions or other instructions listed in the NFA.
(c) By execution of this Agreement, Subrecipient certifies that necessary written administrative
procedures, processes and fiscal controls are in place for the operation of its CDBG-DR program for
which Subrecipient receives funding from Commerce. These written administrative procedures,
processes and fiscal controls must, at minimum, comply with applicable state and federal law, rules,
regulations, guidance, and the terms of this Agreement. Subrecipient agrees to comply with all the
terms and conditions of Attachment D, Program and Special Conditions.
(d) Subrecipient shall expend funds only for allowable costs and eligible activities, in accordance with the
Scope of Work.
(e) Subrecipient shall request all funds in the manner prescribed by Commerce. The authorized signatory
for Subrecipient set forth on the SERA Access Authorization Form, Attachment K, to this Agreement,
must approve the submission of each Request for Funds (RFF) on behalf of Subrecipient.
(f) Except as set forth herein, or unless otherwise authorized in writing by Commerce, costs incurred for
eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for
funding with CDBG-DR funds.
(g) If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief
Financial Officer or under Section (22), Mandated Conditions of this Agreement, all obligations on
the part of Commerce to make any further payment of funds will terminate and Subrecipient shall
submit its administrative closeout report and subgrant agreement closeout package as directed by
Commerce within thirty (30) calendar days from receipt of notice from Commerce.
(h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring
and oversight of any person or entity retained or hired by Subrecipient.
(i) All expenditures under this Agreement shall be made in accordance with this Agreement and any
applicable state or federal statutes, rules, or regulations.
(j) Funding for this Agreement is appropriated under Public Law 117-328, Division L, Title II the
“Department of Housing and Urban Development Appropriations Act, 2023” for the purpose of
assisting in long-term recovery from major disasters that occurred in 2022 in accordance with the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(k) CDBG-DR funds, appropriated and identified by Public Law, are governed by one or more Federal
Register notices that contain requirements, applicable waivers, and alternative requirements that apply
to the use of these funds.
(21) Repayments.
(a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors,
subcontractors, and consultants only expend funding under this Agreement for allowable costs
resulting from obligations incurred during the Agreement period.
(b) In accordance with Section 215.971, F.S., Subrecipient shall refund to Commerce any unobligated
funds which have been advanced or paid.
(c) Subrecipient shall refund to Commerce any funds paid in excess of the amount to which Subrecipient
or its contractors, subcontractors or consultants are entitled under the terms and conditions of this
Agreement.
(d) Subrecipient shall refund to Commerce any funds received for an activity if the activity does not meet
one of the three National Objectives listed in 24 CFR § 570.483(b), (c), and (d); provided, however,
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Subrecipient is not required to repay funds for subgrant administration unless Commerce, in its sole
discretion, determines Subrecipient is at fault for the ineligibility of the activity in question.
(e) Subrecipient shall refund to Commerce any funds not spent in accordance with the conditions of this
Agreement or applicable law. Such reimbursement shall be sent to Commerce, by Subrecipient, within
thirty (30) calendar days from Subrecipient’s receipt of notification of such non-compliance.
(f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to Commerce for
collection, Subrecipient shall pay to Commerce a service fee of $15.00 or five percent of the face
amount of the returned check or draft, whichever is greater. All refunds or repayments to be made to
Commerce under this Agreement are to be made payable to the order of “Department of Commerce”
and mailed directly to Commerce at the following address:
Department of Commerce
Community Development Block Grant Programs Cashier
107 East Madison Street – MSC 420
Tallahassee, Florida 32399-6508
(22) Mandated Conditions.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations and materials submitted or provided by Subrecipient in this Agreement, in any later
submission or response to a Commerce request or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations and materials are
incorporated herein by reference.
(b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions
arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive
any right to jury trial.
(c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable,
then that provision shall be null and void only to the extent of the conflict or unenforceability, and
that provision shall be severable from and shall not invalidate any other provision of this Agreement.
(d) Any power of approval or disapproval granted to Commerce under the terms of this Agreement shall
survive the term of this Agreement.
(e) This Agreement may be executed in any number of counterparts, any one of which may be taken as
an original.
(f) Subrecipient shall comply with all applicable local, state and federal laws, including the Americans With
Disabilities Act of 1990, as amended (P.L. 101-336, 42 U.S.C. § 12101 et seq.); the Florida Civil Rights
Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended;
and laws which prohibit discrimination by public and private entities on in employment, public
accommodations, transportation, state and local government services and telecommunications.
(g) Pursuant to Section 287.133(2)(a), F.S., a person or affiliate, as defined in Section 287.133(1), F.S., who
has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals or replies on leases of real property
to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity
in excess of thirty-five thousand dollars ($35,000) for a period of thirty-six (36) months following the
date of being placed on the convicted vendor list. By executing this Agreement, Subrecipient
represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list.
Subrecipient shall disclose if it or any of its affiliates are placed on the convicted vendor list.
(h) Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate, as defined in Section 287.134(1), F.S., who
has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract
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to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public
entity; and may not transact business with any public entity. By executing this Agreement, Subrecipient
represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor
list. Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre-audit and post-audit thereof.
(j) In the event travel is pre-approved by Commerce, any bills for travel expenses shall be submitted and
reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR
§ 200.474.
(k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to Commerce or be applied against Commerce’s obligation to
pay the Agreement award amount.
(l) Subrecipient hereby acknowledges that Subrecipient is subject to Florida’s Government in the
Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient’s governing board
or the meetings of any subcommittee making recommendations to the governing board. Subrecipient
hereby agrees that all such aforementioned meetings shall be publicly noticed, open to the public and
the minutes of all the meetings shall be public records made available to the public in accordance with
Chapter 119, F.S.
(m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section
906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or
adopting within ninety (90) days of execution of this Agreement, and enforcing, the following:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2 A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
(n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to Commerce any
CDBG-DR funds remaining at the time of expiration or termination, and any accounts receivable
attributable to the use of CDBG-DR funds.
(23) Lobbying Prohibition.
(a) No funds or other resources received from Commerce 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) Subrecipient certifies, by its signature to this Agreement, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to
any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
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, Subrecipient shall
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complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; and
(3) Subrecipient shall require that this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose as described in this
Agreement. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than ten thousand dollars
($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
(24) Copyright, Patent and Trademark. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing
under or in connection with the performance of this Agreement are hereby transferred by Subr ecipient to the
State of Florida.
(a) If Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement expressly provides
otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services performed
under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or
invention to Commerce for a determination whether the State of Florida will seek patent protection in
its name. Any patent rights accruing under or in connection with the performance of this Agreement
are reserved to the State of Florida. If any books, manuals, films or other copyrightable material are
produced, Subrecipient shall notify Commerce. Any copyrights accruing under or in connection with
the performance under this Agreement are transferred by Subrecipient to the State of Florida.
(c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all
intellectual properties relating to the performance of this Agreement which give rise to a patent or
copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists, and Commerce
shall have the right to all patents and copyrights which accrue during performance of the Agreement.
(25) Legal Authorization.
(a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. Subrecipient
certifies that the undersigned person has the authority to legally execute and bind Subrecipient to the
terms of this Agreement. Commerce may, at its discretion, request documentation evidencing the
undersigned has authority to bind Subrecipient to this Agreement as of the date of execution; any such
documentation is incorporated herein by reference.
(b) Prior to the execution of this Agreement Subrecipient warrants that, to the best of its knowledge, there
is no pending or threatened action, proceeding, investigation or any other legal or financial condition
that would in any way prohibit, restrain, or diminish Subrecipient’s ability to satisfy its obligations.
Subrecipient shall immediately notify Commerce in writing if its ability to perform is compromised in
any manner during the term of the Agreement.
(26) Public Record Responsibilities.
(a) In addition to Subrecipient’s responsibility to directly respond to each request it receives for records,
in conjunction with this Agreement and to provide the applicable public records in response to such
request, Subrecipient shall notify Commerce of the receipt and content of all such requests by sending
an email to PRRequest@commerce.fl.gov within one (1) business day from receipt of the request.
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(b) Subrecipient shall keep and maintain public records required by Commerce to perform Subrecipient’s
responsibilities hereunder. Subrecipient shall, upon request from Commerce’s custodian of public
records, provide Commerce with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers,
letters or other materials made or received by Subrecipient in conjunction with this Agreement, unless
the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1),
F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient
shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all
such requests for records that are public records, as public records are defined in Section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise
provided by law.
(c) This Agreement may be terminated by Commerce for any refusal by Subrecipient to comply with
Florida’s public records laws or to allow public access to any public record made or received by
Subrecipient in conjunction with this Agreement.
(d) If, for purposes of this Agreement, Subrecipient is a “contractor” as defined in Section 119.0701(1)(a),
F.S. (Subrecipient-contractor), Subrecipient-contractor shall transfer to Commerce, at no cost to
Commerce, all public records upon completion including termination, of this Agreement or keep and
maintain public records required by Commerce to perform the service. If Subrecipient-contractor
transfers all public records to the public agency upon completion of the Agreement, Subrecipient-
contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records
upon completion of the Agreement, Subrecipient-contractor shall meet all applicable requirements for
retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically
must be provided to Commerce, upon request from Commerce’s custodian of public records, in a
format that is compatible with the information technology systems of Commerce.
(e) If Commerce does not possess a record requested through a public records request, Commerce shall
notify Subrecipient-contractor of the request as soon as practicable, and Subrecipient-contractor must
provide the records to Commerce or allow the records to be inspected or copied within a reasonable
time, but in all cases within fourteen (14) business days. If Subrecipient-contractor does not comply
with Commerce’s request for records, Commerce shall enforce the provisions set forth in this
Agreement. Subrecipient-contractor who fails to provide public records to Commerce within a
reasonable time may be subject to penalties under Section 119.10, F.S.
(f) Subrecipient shall notify Commerce verbally within twenty-four (24) hours and in writing within
seventy-two (72) hours if any data in Subrecipient’s possession related to this Agreement is subpoenaed
or improperly used, copied or removed (except in the ordinary course of business) by anyon e except
an authorized representative of Commerce. Subrecipient shall cooperate with Commerce, in taking all
steps as Commerce deems advisable, to prevent misuse, regain possession or otherwise protect the
State’s rights and the data subject’s privacy.
(g) Subrecipient acknowledges that Commerce is subject to the provisions of Chapter 119, F.S., relating
to public records and that reports, invoices and other documents Subrecipient submits to Commerce
under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate
with Commerce regarding Commerce’s efforts to comply with the requirements of Chapter 119, F.S.
(h) If Subrecipient submits records to Commerce that are confidential and exempt from public disclosure
as trade secrets or proprietary confidential business information, such records should be identified as
such by Subrecipient prior to submittal to Commerce. Subrecipient shall provide a marked set with
complete redactions as well as a marked set without redactions. Failure to identify the legal basis for
each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to
Commerce serves as Subrecipient’s waiver of a claim of exemption. Subrecipient shall ensure public
records that are exempt or confidential and exempt from public records disclosure requirements are
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not disclosed except as authorized by law for the duration of the Agreement term and following
completion of the Agreement if Subrecipient-contractor does not transfer the records to Commerce
upon completion, including termination, of this Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT-CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone
at 850-245-7140, via email at PRRequest@commerce.fl.gov, or by mail at
Department of Commerce, Public Records Coordinator, 107 East
Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
(j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,
partners, contractors and subcontractors and shall fully indemnify, defend, and hold harmless the State
and Commerce, and their officers, agents and employees, from suits, actions, damages, and costs of
every name and description, including attorneys’ fees, arising from or relating to public record requests
or public record law violation(s), alleged to be caused in whole or in part by Subrecipient, its agents,
employees, partners, contractors or subcontractors, provided, however, that Subrecipient does not
indemnify for that portion of any costs or damages proximately caused by the negligent act or omission
of the State or Commerce. Commerce, in its sole discretion, has the right, but not the obligation, to
enforce this indemnification provision.
(k) Commerce does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S.,
Subrecipient shall not publicly disseminate any information concerning this Agreement without prior
written approval from Commerce, including, but not limited to, mentioning this Agreement in a press
release or other promotional material, identifying Commerce or the State as a reference, or otherwise
linking Subrecipient’s name and either a description of the Agreement or the name of Commerce or
the State in any material published, either in print or electronically, to any other entity that is not a
Party to this Agreement, except potential or actual employees, agents, representatives or
subcontractors with the professional skills necessary to perform the work services required by the
Agreement.
(l) Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when entering into
any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall
amend each of Subrecipient’s public agency contracts for services already in effect as of the Effective
Date of this Agreement and which contract will or may be funded in whole or in part with any public
funds. Commerce may terminate this Agreement if Subrecipient does not comply with this provision.
(27) Employment Eligibility Verification.
(a) E-Verify is an Internet-based system that allows an employer, using information reported on an
employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify. The
Department of Homeland Security’s E-Verify system can be found at: https://www.e-verify.gov/
(b) In accordance with section 448.095, F.S., the State of Florida expressly requires the following:
1. Every public agency and its contractors and subcontractors shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees. A public
agency or a contractor or subcontractor thereof may not enter into a contract unless each
party to the contract registers with and uses the E-Verify system.
2. An employer shall verify each new employee’s employment eligibility within three (3) business
days after the first day that the new employee begins working for pay as required under 8
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C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use
the E-Verify system to verify a new employee’s employment eligibility.
(c) If an entity does not use E-Verify, the entity shall enroll in the E-Verify system prior to hiring any new
employee or retaining any contract employee after the effective date of this Agreement.
(28) Program Income.
(a) Subrecipient shall report to Commerce all program income (as defined at 24 CFR § 570.500(a) or in
the Federal Register Guidance governing the CDBG-DR funds) generated by activities carried out
with CDBG-DR funds made available under this Agreement as part of Subrecipient’s Quarterly
Progress Report. Subrecipient shall use program income in accordance with the applicable
requirements of 2 CFR part 200, 24 CFR part 570.504, and the terms of this Agreement.
(b) Program income generated after closeout shall be returned to Commerce. Program income generated
prior to closeout shall be returned to Commerce unless the program income is used to fund additional
units of CDBG-DR activities, specified in a modification to this Agreement and duly executed prior
to administrative closeout.
(29) National Objectives. All activities funded with CDBG-DR funds must meet the criteria for one of the
CDBG program’s National Objectives. The Subrecipient certifies that the activities carried out under this
Agreement shall meet the program-allowable national objectives and satisfy the applicable criteria as specified
in the Action Plan and applicable program policies.
(a) Benefit low- and moderate- income persons;
(b) Aid in prevention or elimination of slums or blight; and
(c) Meet a need having particular urgency (referred to as urgent need).
(30) Independent Contractor.
(a) In Subrecipient’s performance of its duties and responsibilities under this Agreement, it is mutually
understood and agreed that Subrecipient is at all times acting and performing as an independent
contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an
employer/employee relationship, partnership, or joint venture between the Parties. Subrecipient shall
at all times remain an independent contractor with respect to the services to be performed under this
Agreement. Nothing in this Agreement shall be construed to create any agency or employment
relationship between Commerce, Subrecipient, its employees, subcontractors, or agents. Neither Party
shall have any right, power, or authority to assume, create or incur any expense, liability, or obligation,
express or implied, on behalf of the other.
(b) Subrecipient, its officers, agents, employees, subcontractors, or assignees, in performance of this
Agreement shall act in the capacity of an independent contractor and not as an officer, employee,
agent, joint venture, or partner of the State of Florida.
(c) Subrecipient shall have sole right to control the manner, method and means by which the services
required by this Agreement are performed. Commerce shall not be responsible to hire, supervise or
pay Subrecipient’s employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors,
or assignees are entitled to State retirement or State leave benefits, or to any other compensation of
State employment because of performing the duties and obligations of this Agreement.
(d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be
deemed to be an independent contractor and will not be considered or permitted to be an agent,
employee, servant, joint venture, or partner of the State of Florida.
(e) Unless justified by Subrecipient and agreed to by Commerce in the Scope of Work, Commerce will
not furnish services of support (e.g., office space, office supplies, telephone service, secretarial, or
clerical support) to Subrecipient or its subcontractor or assignee.
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(f) Commerce shall not be responsible for withholding taxes with respect to Subrecipient’s use of funds
under this Agreement. Subrecipient shall have no claim against Commerce for vacation pay, sick leave,
retirement benefits, social security, workers’ compensation, health or disability benefits, reemployment
assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees,
subcontractors, and other agents, receive benefits and necessary insurance (health, workers’
compensation, reemployment assistance benefits) from an employer other than the State of Florida.
(g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment
Assistance contribution payment requirements of Chapter 443, F.S.
(h) Commerce shall not be responsible for providing any training to Subrecipient, its employees, assigns,
agents, representatives, or subcontractors in the professional skills necessary to perform the work
services required by this Agreement. However, Commerce may provide training in the form of an
Implementation Workshop.
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State of Florida
Department of Commerce
Federally Funded Subrecipient Agreement
Signature Page
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the
attachments, and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned
officials.
CITY OF WINTER SPRINGS DEPARTMENT OF COMMERCE
By By
Signature Signature
Kevin McCann
Title City Mayor
Title
Date
Date
Federal
Tax ID #
UEI #
Approved as to form and legal sufficiency, subject only
to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF COMMERCE
By: _________________________________
Approved Date: _______________________
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Attachment A – Scope of Work
1. PROGRAM DESCRIPTION:
FEMA’s Hazard Mitigation Grant Program (HMGP) requires a local match or non-federal match of 25%.
This program, as identified in the State of Florida Hurricane Ian Disaster Recovery approved Action Plan,
will fund the local match portion of the HMGP award.
These funds represent a unique and significant opportunity for the state, in the areas most impacted by
recent disasters, to carry out strategic and high impact activities to rebuild and harden infrastructure to
prevent or reduce losses in future disasters.
The Florida Division of Emergency Management (DEM) has awarded the City of Winter Springs
$464,658.75 (exclusive of the SRMC). The local cost share, Commerce’s obligation under this agreement,
is $154,886.25 (exclusive of the SRMC) for a total project cost of Numerical Amount Dollars ($619,545.00)
of total project cost.
2. PROJECT DESCRIPTION:
This project airms to provide a FEMA P-361 Standards safe room at the existing police station in Winter
Springs, Seminole County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-
4673-063-R, as approved by the Florida Division of Emergency Management (Division) and the Federal
Emergency Management Agency (FEMA). The Sub-Recipient, City of Winter Springs, shall conduct Phase
I – Design of this project, which includes the engineering designs and calculations, surveys, permitting, and
notices. No construction activities are approved at this time.
Project Locations:
ID# Location Coordinates
1 300 North Moss Road Winter Springs, FL 32708 28.704006761110332, -
81.3046757880919
2
3
4
5
6
7
8
9
10
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3. SUBRECIPIENT RESPONSIBILITIES:
A. Complete and submit the following items to Commerce within thirty (45) calendar days of execution
of the agreement:
1) Organizational Chart with contact information;
2) Attachment B, Project Budget – Develop and submit to Commerce a detailed budget for
implementation of the project.
3) Attachment C, Activity Work Plan - Develop and submit to Commerce a detailed timeline for
implementation consistent with the milestones outlined in the Infrastructure Program Guidelines.
Should any changes to the organizational chart, Attachment B or Attachment C be deemed necessary,
an updated plan must be submitted to Commerce with your monthly report for review and approval
by the Commerce Grant Manager.
B. Develop and submit a copy of the following policies and procedures to the Commerce Grant Manager
along with the Policy Review Checklist provided by Commerce:
1) Procurement policies and procedures that incorporate 2 CFR Part 200.318-327.
2) Administrative financial management policies, which must comply with all applicable HUD
CDBG-DR and State of Florida rules.
3) Quality assurance and quality control system policies and procedures that comply with all
applicable HUD CDBG-DR and Commerce policies.
4) Policies and procedures to detect and prevent fraud, waste and abuse that describe how the
subrecipient will verify the accuracy of monitoring policy indicating how and why monitoring is
conducted, the frequency of monitoring policy, and which items will be monitored, and procedures
for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-
3735 or email hotline@hudoig.gov).
5) Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Award.
C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG-
DR grant funds when available.
D. Maintain organized subrecipient agreement files and make them accessible to Commerce or its
representatives upon request.
E. Comply with all terms and conditions of the subrecipient agreement, Hazard Mitigation Grant Match
Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws.
F. Subrecipient must comply with procurement standards in 2 CFR Part 200.318-327. Provide copy of
the procurement solicitation document along with the Commerce Procurement Checklist, to
Commerce Grant Manager ten (10) business days prior to posting as detailed in Attachment D of
Subrecipient Agreement. Should the procurement documents require revisions based on state or
federal requirements, Subrecipient will be required to postpone procurement and submit revised
documents for review.
G. Provide the following information on a monthly and quarterly basis within five (5) calendar days after
the end of each month/quarter: Monthly and Quarterly Reports as detailed in Attachment G.
H. Subrecipient shall provide photographs of construction projects to document progress with quarterly
reports or when requested by Commerce.
4. ELIGIBLE TASKS:
A. Deliverable No. 1 – Grant Administration
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Tasks that are eligible for reimbursement are as follows:
1. Maintain financial records related to project activities on-site.
2. Attended a pre-bid conference, bid opening, or preconstruction meeting.
3. Grant management to include invoicing, record keeping, prepare and award a bid to a vendor
4. Maintain project files.
5. Prepared and submitted detailed monthly and quarterly reports to Commerce.
6. Responded to citizens’ complaints.
B. Deliverable No. 2 – Activity Delivery
Tasks that are eligible for reimbursement are as follows:
1. Conduct an Environmental Review/Assessment in accordance with HUD and Commerce Policies
and the National Environmental Policy Act and carry out any mitigation measures required as a
result to the Environmental Review findings.
2. Develope policies for the Recipient to adopt related to special conditions listed in this subgrant
agreement.
3. Prepared procurement documents.
4. Prepared list, in accordance with 2 CFR Part 200.321, of business entities that operate in the
Recipient’s area.
5. Prepared and submitted public notices for publications.
6. Conducted a Fair Housing activity.
7. Reviewed contractor payrolls and interviewed employees to determine compliance with Davis-
Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland “Anti-
Kickback” Act.
8. Attended meetings of the Recipient’s local governing body to provide progress reports on subgrant
activities.
9. Prepared documentation for or participated in monitoring visits in person or virtual monitoring
with Commerce.
10. Prepared financial activity for submission to Commerce.
11. Prepared and submit Section 3 reports to Commerce.
12. Prepared subgrant modification document for submission to Commerce for review and approval.
13. Prepared responses to monitoring findings and concerns for Recipient to submit to Commerce or
HUD.
14. Project Closeout, Engineer’s Certification of Completion, Grant Closeout Package completed and
submitted to Commerce.
C. Deliverable No. 3 – Engineering Services
Tasks that are eligible for reimbursement are as follows:
1. Create a full design package(s), signed, and sealed by a Professional Engineer (PE) licensed in the
State of Florida, including engineering drawings, specifications, construction cost estimate,
surveys, and any other reports, documents, or information relevant to this project that meet all
local current hurricane code ratings, local codes and building codes.
2. Obtain copies of all permit applications, correspondence with permitting agencies, final permits,
and any other permit-related documentation for the project.
3. Conducting Phase I – Design of the project, which includes the engineering designs and
calculations, surveys, permitting, and notices.
5. DELIVERABLES: Subrecipient agrees to provide the following services as specified:
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Deliverable No. 1 – Grant Administration
TASKS MINIMUM LEVEL OF
SERVICE
FINANCIAL
CONSEQUENCES
Subrecipient shall complete
Grant Administration activities
as identified in Section 4.A of
this Scope of Work.
Subrecipient may request
reimbursement upon completion
of a minimum of one (1) Grant
Administration task on a per
completed task basis as detailed in
Section 4.A of this Scope of
Work; evidenced by invoice(s)
noting completed tasks as well as
payroll and other supporting
documentation, as applicable, and
by submittal of the folowing:
1) Invoice package in
accordance with Section 7 of
this Scope of Work.
Failure to complete the Minimum
Level of Service as specified shall
result in non-payment for this
deliverable for each payment
request.
Deliverable 1 Cost- $9,293.18
Deliverable No. 2 – Activity Delivery
TASKS MINIMUM LEVEL OF
SERVICE
FINANCIAL
CONSEQUENCES
Subrecipient shall complete
Activity Delivery activities as
identified in Section 4.B of this
Scope of Work.
Subrecipient may request
reimbursement upon completion
of a minimum of one (1) Activity
Delivery task on a per completed
task basis as detailed in Section
4.B of this Scope of Work;
evidenced by submittal invoice(s)
noting completed tasks as well as
payroll and other supporting
documentation, as applicable, and
by submittal of the following:
1) Invoice package in
accordance with Section 7 of
this Scope of Work.
Failure to complete the Minimum
Level of Service as specified shall
result in non-payment for this
deliverable for each payment
request.
Deliverable 2 Cost- $21,684.07
Deliverable No. 3 – Engineering Services
TASKS MINIMUM LEVEL OF
SERVICE
FINANCIAL
CONSEQUENCES
Subrecipient shall complete
Engineering Services tasks as
detailed in Section 4.C of this
Scope of Work.
Subrecipient may request
reimbursement upon completion
of a minimum of one (1) task in
accordance with Section 4.C of
this Scope of Work, evidenced by
submittal of the following
documentation:
1) Certification by a licensed
professional certifying
Failure to complete the Minimum
Level of Service as specified shall
result in non-payment for this
deliverable for each payment
request.
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completion of engineering
design, working drawings and
associated cost estimates, if
applicable;
2) Certification by a licensed
professional certifying
acquisition of all required
permits, if applicable;
3) Invoice package in
accordance with Section 7 of
this Scope of Work.
Deliverable 3 Cost- $154,886.25
Total Project Costs Not to Exceed $185,863.50
6. COMMERCE’S RESPONSIBILITIES:
A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance
with the Agreement to the extent required by law or deemed necessary by Commerce in its discretion.
B. Assign a Grant Manager as a point of contact for Subrecipient.
C. Review Subrecipient’s invoices described herein and process them on a timely basis.
D. Commerce shall monitor progress, review reports, conduct site visits as Commerce determines
necessary at Commerce’s sole and absolute discretion, and process payments to Subrecipient.
7. INVOICE SUBMITTAL:
Commerce shall reimburse the Subrecipient in accordance with Section 5 of this Scope of Work. In
accordance with the Funding Requirements of s. 215.971(1), F.S. and Section (20) of this Agreement, the
Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs
resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must
be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but
not limited to, the Reference Guide for State Expenditures: (https://myfloridacfo.com/docs-
sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state-expenditures.pdf).
A. Subrecipient shall provide one invoice per month for services rendered during the applicable period of
time as defined in the deliverable table. In any month in which deliverables have not been completed,
the Subrecipient will provide notice that invoicing will not be submitted.
B. The following documents shall be submitted with the itemized invoice:
1) A cover letter signed by Subrecipient’s Agreement Manager certifying that the costs being claimed
in the invoice package: (1) are specifically for the project represented to the State in the budget
appropriation; (2) are for one or more of the components as stated in Section 5,
DELIVERABLES, of this SCOPE OF WORK; (3) have been paid or that professional services
have been rendered in a rural community or rural area of opportunity as defined in section
288.0656(2), F.S.; and (4) were incurred during this Agreement.
2) Subrecipient’s invoices shall include the date, period in which work was performed, amount of
reimbursement, and work completed to date.
3) A copy of all supporting documentation for vendor payments.
4) A copy of the bank statement that includes the cancelled check or evidence of electronic funds
transfer. The State may require any other information from Subrecipient that the State deems
necessary to verify that the services have been rendered under this Agreement, including but not
limited to copies of timesheets related to any applicable deliverables.
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C. If the Grantee is a county or municipality that is a rural community or rural area of opportunity as
those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued
for verified and eligible performance that has been completed in accordance with the terms and
conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulation
allows such payments. Upon meeting either of the criteria set forth below, the Grantee may elect in
writing to exercise this provision.
1) A county or municipality that is a rural community or rural area of opportunity as those terms are
defined in section 288.0656(2), F.S., that demonstrates financial hardship; or
2) A county or municipality that is a rural community or rural area of opportunity as those terms are
defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined
in section 218.67(1), F.S. If the Grantee meets the criteria set forth in this paragraph, then the
Grantee is deemed to have demonstrated financial hardship.
D. The Subrecipient’s invoice and all documentation necessary to support payment requests must be
submitted through Commerce’s Subrecipient Management Reporting Application (SERA) System.
Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will
be provided upon execution of the agreement.
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Attachment B – Project Budget (Example)
Subrecipient: Contract Number: Project Title:
Activity Budget
Activity Description CDBG-DR Amount Other Funds Source* Total Funds
1. Grant Administration
2. Activity Delivery
3. Engineering Services
4. Construction
TOTALS
*Show the sources and amounts of Other Funds needed to complete the project below, including local funds, grants from other ag encies and program income.
Source of Other Funds Amount
1.
2.
3.
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Attachment C – Activity Work Plan (Example)
Subrecipient Project Title: Project Budget:
Contract Number: Date Prepared: Modification Number:
Activity Start
Date
(month/year)
Activity End
Date
(month/year)
Describe Proposed Action to be Completed by the “End Date.”
Please have the Action reflect an activity or task within the Subrecipient Grant Agreement under
Section 4, Eligible Tasks within Attachment A – Scope of Work.
Estimated
Leveraged Funds
to be Expended
per “Activity End
Date”
Estimated
Funds to be
Requested per
“Activity
End Date”
EXAMPLE: Deliverable 1 – Project Implementation
EXAMPLE: Deliverable 2 – Engineering -
EXAMPLE: Deliverable 2 – Conduct Environmental Review
EXAMPLE: Deliverable 3 – Construction
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Attachment D – Program and Special Conditions
1. Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant
to the activity work plan (Attachment C). If Subrecipient does not comply with the activity work plan schedule, a
justification for the delay and a plan for timely accomplishment shall be submitted to Commerce within 21 calendar
days of receiving Commerce’s request for justification for the delay. Any project for which Subrecipient has not
completed the activities listed in the Activity Work Plan may be rescinded unless Commerce agrees that Subrecipient
has provided adequate justification for the delay.
2. Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready
comparison between the expenditures and the budget/activity line items as defined in the Project Budget (Attachment
B) and Activity Work Plan (Attachment C).
3. Subrecipient shall request Commerce’s review for all procurement solicitations and professional services contracts
and/or agreements that will be reimbursed with CDBG-DR funds. Subrecipient shall notify Commerce in writing
no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional
services or if it will be using non-CDBG-DR funds to pay for professional services. Subrecipient must submit the
following to Commerce Grant Manager for review:
a. copy of the solicitation document
b. copy of advertisement
c. draft copy of the contract
4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5,000,
Subrecipient shall complete the following:
a. Submit for Commerce’s approval the documentation required in paragraph 3 above for any professional services
contract. Subrecipient proceeds at its own risk if more than the specified amount is incurred before Commerce
approves the procurement. If Commerce does not approve the procurement of a professional services contract,
the local government will not be able to use CDBG-DR funds for that contract beyond $5,000.
b. Comply with 24 CFR part 58, as well as Parts 35, 51, 55 and other federal environmental compliance requirements
as appropriate. When Subrecipient has completed the environmental review process for any project that includes
activities categorized as neither Exempt pursuant to § 58.34 nor categorically excluded pursuant to § 58.35(b), it
shall submit a Request for Release of Funds and Certification. Commerce will issue an Authority to Use Grant
Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of Commerce. If
Commerce has not issued an Authority to use Grant Funds within fifteen (15) days of Subrecipient’s submission
of the required documentation, Commerce shall provide Subrecipient a written update regarding the status of
the review process upon request. SUBRECIPIENT SHALL NOT CARRY OUT ANY CHOICE-
LIMITING ACTIONS OR COMMIT HUD FUNDS OR NON-HUD FUNDS TO ACTIVITES
OTHER THAN THOSE PREVIOUSLY CERTIFIED AS EXEMPT IN ACCORDANCE WITH 24
CFR 58.34 OR CATEGORICALLY EXCLUED IN ACCORDANCE WITH 24 CFR 58.35(b) BEFORE
Commerce HAS ISSUED “THE AUTHORITY TO USE GRANT FUNDS.”
5. As directed by the Federal Register, the Subrecipient agrees to comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §4601-4655; hereinafter, the “URA”),
implementing regulations at 24 CFR part 42, 49 CFR part 24 and 24 CFR §570.606(b), the requirements of 24 CFR
§42.325 – 42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d)
of the Housing and Community Development Act of 1974 (42 U.S.C. §5304(d)), and the requirements in 24 CFR
§570.606(d), governing optional relocation assistance policies.
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6. If Subrecipient undertakes any activity subject to the URA, Subrecipient shall document completion of the acquisition
by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property
owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the
owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as
applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that Commerce
can determine whether remedial action may be needed. Subrecipient shall provide relocation assistance to displaced
persons as defined by 24 CFR §570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project.
7. Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement,
Commerce, HUD, and applicable regulations and guidance laws, specifically including but not limited to:
a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered
Transactions); Subrecipient must provide proof to Commerce Grant Manager that they have completed a
department check of SAM.gov for all prime and subcontractors.
b. Section 3 Participation Report (Construction Prime Contractor);
c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if
applicable); and
d. Section 3 Participation Report (Construction Subcontractor), (if applicable).
8. For each Request for Funds (RFF) that includes reimbursement of construction costs, Subrecipient shall provide a
copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a
comparable form approved by Commerce, signed by the contractor and inspection engineer, and a copy of form
G703, Continuation Sheet, or a comparable form approved by Commerce. For each RFF that includes construction
costs, Subrecipient shall provide a copy of AIA form G702, or a comparab le form approved by Commerce, 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 Commerce, if applicable.
9. For each project, when Subrecipient issues the Notice to Proceed to the contractor(s) to being work, copies of the
following documents shall be sent to Commerce:
a. Notice to Proceed;
b. The contractor’s performance bond (100 percent of the contract price); and
c. The contractor’s payment bond (100 percent of the contract price).
10. Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements,
acquired with CDBG-DR funds. This restriction shall limit the use of that real property or facility to the use stated
in the subgrant application and that title shall remain in the name of Subrecipient. Such deed restriction shall be
made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future
disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real
property shall be in accordance with 24 CFR § 570.489(j).
11. Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of
1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior’s Standards for
Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings.
12. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. §3545, Subrecipient shall update and submit Form HUD
2880 to Commerce within thirty (30) calendar days of Subrecipient’s knowledge of changes in situations which would
require that updates be prepared. Subrecipient must disclose:
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a. All developers, contractors, consultants and engineers involved in the application or in the planning, development
or implementation of the project or CDBG-DR-funded activity; and
b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of
the grant, whichever is less.
13. If required, Subrecipient shall submit a final Form HUD 2880, to Commerce with Subrecipient’s request for
administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout.
14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR §570.489(g). Title 24 CFR
§570.489(h) shall apply in all conflicts of interest not governed by 24 CFR § 570.489(g), such as those relating to the
acquisition or disposition of real property; CDBG-DR financial assistance to beneficiaries, businesses or other third
parties; or any other financial interest, whether real or perceived. Additionally, Subrecipient agrees to comply with,
and this Agreement is subject to, Chapter 112 F.S.
15. Any payment by Subrecipient using CDBG-DR funds for acquisition of any property, right-of-way, or easement that
exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be
approved in writing by Commerce prior to distribution of the funds. Should the subrecipient fail to obtain Commerce
pre-approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed
with CDBG-DR funds.
16. Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the
construction progresses, additional photography or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of the activity locations will be provided to Commerce with the
administrative closeout package for this Agreement.
17. If an activity is designed by an engineer, architect or other licensed professional, it shall be certified upon completion
by a licensed professional as meeting the specifications of the design, as may have been amended by change orders.
The date of completion of construction shall be noted as part of the certification. This certification shall be
accomplished prior to submission of an administrative closeout package and a copy of the certification shall be
submitted with the administrative closeout package.
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Attachment E – State and Federal Statutes, Regulations, and Policies
The CDBG-DR funds available to Subrecipient through this agreement constitute a subaward of the Grantee’s Federal
award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2
CFR part 200. This agreement includes terms and conditions of the Grantee’s Federal award that are imposed on
Subrecipient and Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this
agreement.
Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of the
Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified
by the Federal Register notices that govern the use of CDBG-DR funds available under this agreement. These Federal
Register notices include, but are not limited to, Federal Register Guidance Vol. 88, No. 96/Thursday, May 18,
2023/Notices. Notwithstanding the foregoing, Subrecipient assumes responsibilities for environmental review, decision-
making and action, described in 24 CFR part 58 including the decision making and determination of environmental
compliance.
Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in
effect and as may be amended from time to time that govern the use of the CDBG-DR funds in complying with its
obligations under this agreement, regardless of whether CDBG-DR funds are made available to Subrecipient on an
advance or reimbursement basis.
Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise
available. Subrecipient further agrees to comply with all other applicable Federal, State and local laws, regulations and
policies governing the funds provided under this Agreement, including, but not limited to the following:
I. State of Florida Requirements
State of Florida Requirements are stated throughout this Agreement and Attachments thereto.
II. Audits, Inspections, and Monitoring
1. Single Audit
Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that Subrecipient ’s
Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501
Audit requirements.
2. Inspections and Monitoring
Subrecipient shall permit the Grantee and auditors to have access to Subrecipient’s records and financial
statements as necessary for the Grantee to meet the requirements of 2 CFR part 200.
Subrecipient must submit to monitoring of its activities by the Grantee as necessary to ensure that the subaward
is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions
of this agreement.
This review must include:
(1) Reviewing financial and performance reports required by the Grantee;
(2) Following-up and ensuring that Subrecipient takes timely and appropriate action on all deficiencies pertaining
to the Federal award provided to Subrecipient from the Grantee detected through audits, on-site reviews, and
other means; and
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(3) Issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient
from the Grantee as required by 2 CFR §200.521.
3. Corrective Actions
Subrecipient shall be subject to reviews and audits by the Grantee, including onsite reviews of Subrecipient as
may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304I(2). The Grantee may issue
management decisions and may consider taking enforcement actions if noncompliance is detected during audits.
The Grantee may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the
Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site reviews
and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,
Grantee may impose additional conditions on the use of the CDBG-DR funds to ensure future compliance or
provide training and technical assistance as needed to correct noncompliance.
III. Drug-Free Workplace
Drug-free workplace. Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which
adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act
of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
IV. Procurement and Contractor Oversight
Subrecipient shall comply with the procurement standards in 2 CFR §200.318-327 when procuring property and services
under this agreement. Subrecipient shall impose the Subrecipient’s obligations under this agreement on its contractors,
specifically or by reference, so that such obligations will be binding upon each of its contractors.
Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including,
24 CFR 570.609 and 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified
persons.
Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract
or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements,
and the terms and conditions of this agreement. To check for debarred or suspended entities, please visit
https://www.sam.gov/SAM/
V. Property Standards
Real property acquired by Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR 570.200(j).
Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR 200.312, 2 CFR 200.314 -316.
Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds
shall be program income and equipment not needed by Subrecipient for activities under this agreement shall be transferred
to the Grantee for its CDBG-DR program or shall be retained after compensating the Grantee.
Subrecipient shall also comply with the Property Standards in 2 CFR 200.310-316, except to the extent they are
inconsistent with 24 CFR 570.200(j) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR
570.200(j) and 24 CFR 570.489(j), except to the extent that proceeds from the sale of equipment are program income and
subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii).
VI. Federal Funding Accountability and Transparency Act (FFATA)
Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management
(SAM). Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in accordance with 2 CFR
part 25, appendix A, and must have a Unique Entity Identifier (UEI) number https://fedgov.dnb.com/webform/
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Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which
includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation
Information.
VII. Relocation and Real Property Acquisition
Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended (URA), 42 USC 4601 – 4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570.606.
In addition to other URA requirements, these regulations (49 CFR § 24.403(d)) implement Section 414 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other
provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be
denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet
the occupancy requirements set by such Act.”
VIII. Nondiscrimination
1. 24 CFR part 6
Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the
Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no
person in the United States shall, on the ground of race, color, national origin, religion or sex, be excluded from
participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded
in whole or in part with Federal financial assistance. Subrecipient will adhere to the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age
Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements
applicable to programs or activities funded in whole or in part with CDBG-DR funds. Thus, Subrecipient shall
comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations
of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs.
2. Architectural Barriers Act and the Americans with Disabilities Act
Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the
Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain
Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance
with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility
designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and
meets the definition of “residential structure” as defined in 24 CFR 40.2 or the definition of “building” as defined
in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-
4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for
residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations,
State and local government services and telecommunications. It further provides that discrimination includes a
failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily
accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural
barriers and communication barriers that are structural in nature in existing facilities, where such removal is
readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense.
3. State and Local Nondiscrimination Provisions
Subrecipient must comply with the Florida Small and Minority Business Assistance Act (§288.703-288.706, F.S.);
Title VI of the Civil Rights Act of 1964 (24 CFR part 1).
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A. General Compliance:
Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as
amended. No person in the United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of
these funds. Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for the purpose
of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or
because an individual has made a complaint, testified, assisted or participated in any manner in an investigation,
proceeding or hearing under 24 CFR part 1. The identity of complainants shall be kept confidential except to the
extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing
or judicial proceeding arising thereunder.
B. Assurances and Real Property Covenants:
As a condition to the approval of this Agreement and the extension of any federal financial assistance,
Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing,
accommodations, facilities, services, financial aid or other benefits to be provided will be operated and
administered in compliance with all requirements imposed by or pursuant to this part 1.
If the federal financial assistance under this agreement is to provide or is in the form of personal property or real
property or interest therein or structures thereon, Subrecipient’s assurance herein shall obligate Subrecipient or,
in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose
for which the federal financial assistance is extended or for another purpose involving the provision of similar
services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is
longer. In all other cases, the assurance shall obligate Subrecipient for the period during which federal financial
assistance is extended pursuant to the contract or application. This assurance gives the Grantee and the United
States a right to seek judicial enforcement of the assurance and the requirements on real property.
In the case of real property, structures or improvements thereon, or interests therein, acquired with federal
financial assistance under this Agreement or acquired with CDBG-DR funds and provided to Subrecipient under
this agreement, the instrument effecting any disposition by Subrecipient of such real property, structures or
improvements thereon, or interests therein, shall contain a covenant running with the land assuring
nondiscrimination for the period during which the real property is used for a purpos e for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits. If
Subrecipient receives real property interests or funds or for the acquisition of real property interests under this
Agreement, to the extent that rights to space on, over, or under any such property are included as part of the
program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility
located wholly or in part in such space.
4. Affirmative Action
A. Business Entities
When possible, the Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5)
under this agreement.
B. Notifications
Subrecipient will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or worker’s representative of Subrecipient’s commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
IX. Labor and Employment
1. Labor Standards
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Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community
Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in whole or in part with assistance received
under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C.
3141, et seq.) and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the rehabilitation of
residential property only if such property contains not less than 8 units.
Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing
regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. Subrecipient shall maintain
documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation
shall be made available to the Grantee for review upon request.
X. Section 3 of the Housing and Urban Development Act of 1968
1. Low-Income Person Definition
A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act. Section 3(b)(2) of the 1937 Act
defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the
median income for the area, as determined by the Secretary, with adjustments for smaller and larger families,
except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median
for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels
of construction costs or unusually high or low-income families; or A very low-income person, as this term is
defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C.
1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per
centum of the median family income for the area, as determined by the Secretary with adjustments for smaller
and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum
of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of
unusually high or low family incomes.
2. Compliance
Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as
amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR
part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing
Federal, state and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is
required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other
applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the
following “Section 3 clause” in every “Section 3-covered contract”:
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-
income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement
Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 75
regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this Section 3 Clause and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
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positions, the qualifications for each; the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 75 and its related regulations in Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.C. 1701u. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 CFR part 75.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled
after the contractor is selected but before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions , termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work
to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference
and opportunities for training and employment shall be given to Indians and (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).
4. Section 3 Benchmarks and Reporting
A. Benchmarks. Contracts over $200,000 trigger Section 3 Benchmark requirements. When triggered, best
efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns
to meet these minimum numeric goals:
1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3
workers; and
2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3
workers.
B. Reporting. If the subrecipient’s reporting indicates that the subrecipient has not met the Section 3
benchmarks described in 24 CFR § 75.23, pursuant to 24 CFR § 75.25(b), the subrecipient must report in a
form prescribed by HUD on the qualitative nature of its activities and those its contractors and
subcontractors pursued.
C. Recipient will comply with any Section 3 Project Implementation Plan documents, if any, provided by HUD
or Commerce which may be amended from time to time for HUD reporting purposes.
XI. Conduct
1. Hatch Act
Subrecipient shall comply with the Hatch Act, 5 USC 1501 – 1508, and shall ensure that no funds provided, nor
personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C.
2. Conflict of Interest
In the procurement of supplies, equipment, construction and services pursuant to this agreement, Subrecipient
shall comply with the conflict of interest provisions in the Grantee’s procurement policies and procedures. In all
cases not governed by the conflict of interest provisions in the Grantee’s procurement policies and procedures,
Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h).
3. Lobbying Certification
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Subrecipient hereby certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any
Federal contract, grant, loan, or cooperative agreement;
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions;
C. The language of paragraph (i) through (iv) of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative
agreements) and that all Subrecipients shall certify and disclose accordingly; and
D. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is required by Section 1352, Title 31, U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
XII. Religious Activities
Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious
activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction or proselytization.
Equal Treatment for Faith-Based Organizations. Prohibits any State or local government receiving funds under
any Department program, or any intermediate organization with the same duties as a governmental entity, from
discriminating for or against an organization on the basis of the organization's religious character or affiliation.
Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious
instruction, or proselytization, as part of the programs or services funded with direct financial assistance.
Prohibits an organization that participates in programs funded by direct financial assistance from the Department,
in providing services, from discriminating against a program beneficiary or prospective program beneficiary on
the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious
and non-religious organizations.
XIII. Environmental Conditions
1. Prohibition on Choice Limiting Activities Prior to Environmental Review
Subrecipient must comply with the limitations in 24 CFR 58.22. 24 CFR 58.22 imposes limitations on activities
pending clearance and specifically limits commitments of HUD funds and non-HUD funds by any participant
in the development process before completion of the environmental review. A violation of this requirement may
result in a prohibition on the use of HUD funds for the activity. If Commerce has not issued an Authority to
Use Grant Funds within fifteen (15) days of Subrecipient’s submission of the required documentation,
Commerce shall provide Subrecipient a written update regarding the status of the review process upon request.
2. Air and Water
Subrecipient shall comply with the following requirements insofar as they apply to the performance of this
agreement:
A. Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d)
(42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal
Implementation Plans (Environmental Protection Agency—40 CFR parts 6, 51, and 93); and
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B. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the
requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as
amended, and all regulations and guidelines issued thereunder.
C. The Clean Air and Water Act: If this Contract is more than $100,000, Contractor shall comply with all
applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 7401,
Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and
Environmental Protection Agency regulations. Contractor shall report any violation of the above to
Commerce.
D. Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the State of Florida’s energy conservation plan issued in compliance with
the Energy Policy and Conservation Act, Pub. L. 94-163.
3. Flood Disaster Protection
Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood
Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC
4012a. Additionally, Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of
1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster assistance,
including loan assistance, to a person for repair, replacement or restoration for damage to any personal,
residential, or commercial property if that person at any time has received Federal flood disaster assistance that
was conditioned on the person first having obtained flood insurance under applicable Federal law and the person
has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such
property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify
transferees about mandatory flood purchase requirements. More information about these requirements is
available in the Federal Register notices governing the CDBG-DR award and listed at the beginning of this
Attachment.
4. Lead-Based Paint
The Subrecipient shall follow the Grantee’s procedures with respect to CDBG assistance that fulfill the objectives
and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part
35, subparts A, B, J, K, and R of this title.
5. Historic Preservation
Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set forth
in 36 CFR part 800 insofar as they apply to the performance of this agreement.
XIV. Additional Regulations
A. The Temporary Assistance for Needy Families Program (“TANF”), 45 CFR Parts 260-265, the Social
Services Block Grant (“SSBG”), 42 U.S.C. 1397d, and other applicable federal regulations and policies
promulgated thereunder.
B. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits
discrimination on the basis of sex in educational programs.
C. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits
discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs.
D. The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 U.S.C. 6083.
Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to
$1,000 for each violation and/or the imposition of an administrative compliance order on the responsible
entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law (P.L.) 103-
227, the Contract shall not permit smoking in any portion of any indoor facility used fo r the provision of
federally funded services including health, day care, early childhood development, education or library
services on a routine or regular basis, to children up to age 18.
E. Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid
solicitations and other documents describing projects or programs funded in whole or in part with federal
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money, Contractor shall clearly state: (1) the percentage of the total costs of the program or project which
will be financed with federal money, (2) the dollar amount of federal funds for the project or program, and
(3) percentage and dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
F. Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent
practicable, all equipment and products purchased with funds made available under this Agreement will be
American-made.
G. The Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117), which prohibits
distribution of federal funds made available under the Act to the Association of Community Organizations
for Reform Now (ACORN) or its subsidiaries. The Continuing Appropriations Act, 2011, Sections 101 and
103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the
conditions provided by Pub. L. 111-117.
H. Contract Work Hours and Safety Standards Act (40 U.S.C. §327–333) — If this Contract involves federal
funding in excess of $2,000 for construction contracts or in excess of $2,500 for other contracts that involve
the employment of mechanics or laborers, compliance with sections 102 and 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations
(29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less than 1
½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of
the Act is applicable to construction work and provides that no laborer or mechanic shall be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
I. Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub. L. 94–580 codified at 42 U.S.C.
6962), state and local institutions of higher education, hospitals, and non-profit organizations that receive
direct Federal awards or other Federal funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
J. Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration
Reform and Control Act of 1986, which requires employment verification and retention of verification forms
for any individuals hired who will perform any services under the contract.
XV. Non-Compliance
When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State
may impose any of the additional conditions and/or requirements outlined in 2 CFR § 200.207.
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Attachment F – Civil Rights Compliance
Fair Housing
As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it will "affirmatively further fair
housing" in its community per FR Vol. 90, No. 40.
Equal Employment Opportunity
As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it and the contractors,
subcontractors, subrecipients and consultants that it hires with CDBG-DR funds will abide by the Equal Employment
Opportunity (EEO) Laws of the United States.
Section 504 and the Americans with Disabilities Act (ADA)
As a condition for the receipt of CDBG-DR funds, Subrecipient must certify that it provides access to all federally funded
activities to all individuals, regardless of handicap. Subrecipient shall demonstrate its commitment to abide by the laws
through the actions listed below.
Subrecipient shall do the following:
1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who:
a) Has a physical or mental impairment which substantially limits one or more major life activities,
b) Has a record of such an impairment, or
c) Is regarded as having such an impairment;
2) Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to
receive Section 504/ADA calls;
3) Publish the Section 504/ADA Coordinator’s contact information quarterly in a newspaper of general circulation
in Subrecipient’s jurisdiction so that people know who to call to ask Section 504/ADA questions or register a
complaint. Alternatively, Subrecipient can post the coordinator’s contact information throughout the quarter on
the home page of its website; and
4) Establish a system to record the following for each Section 504/ADA call:
a) The nature of the call,
b) The actions taken in response to the call and
c) The results of the actions taken.
Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery,
employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance.
A Subrecipient of Federal financial assistance may not, on the basis of disability:
• Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services
or other benefits,
• Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or
• Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are
otherwise entitled or qualified.
The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of
disability in employment, State and local government, public accommodations, commercial facilities, transportation, and
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telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with
an individual with a disability.
Title II covers all activities of state and local governments regardless of the government entity’s size or receipt of Federal
funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit
from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health
care, social services, courts, voting and town meetings). State and local governments are required to follow specific
architectural standards in the new construction and alteration of their buildings. They also must relocate programs or
otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing,
vision or speech disabilities.
Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities
offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public
accommodations are private entities who own, lease, lease to or operate facilities such as restaurants, retail stores, hotels,
movie theaters, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos,
funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation
services provided by private entities are also covered by Title III.
Section 3 - Economic Opportunities for Low- and Very Low-Income Persons
Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job
openings that exist on CDBG-DR-funded projects in the community. Subrecipient and its contractors shall keep records
to document the number of low- and moderate-income people who are hired to work on CDBG-DR-funded projects.
The number of low- and moderate-income residents who are hired to work of the project shall be reported in the
comment section of the quarterly report.
The following Section 3 clause is required to be included in any contracts and subcontracts funded by this Agreement:
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are Subrecipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD’s regulations in 24 CFR part 75, which implement Section 3.
As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has
a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in
24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75.
The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 75.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled: (1) after
the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the
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regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for
default and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,
but not in derogation of compliance with Section 7(b).
Civil Rights Regulations
As a condition for the receipt of CDBG-DR funds, each Subrecipient must certify that it will abide by the following
Federal laws and regulations:
1. Title VI of the Civil Rights Act of 1964 – Prohibits discrimination by government agencies that receive Federal
funding;
2. Title VII of the Civil Rights Act of 1964 – prohibits employment discrimination on the basis of race, color, religion,
sex or national origin;
3. Title VIII of the Civil Rights Act of 1968 – as amended (the Fair Housing Act of 1988);
4. 24 CFR § 570.487(b) – Affirmatively Furthering Fair Housing;
5. 24 CFR § 570.490(b) – Unit of general local government's record;
6. 24 CFR § 570.606(b) – Relocation assistance for displaced persons at URA levels;
7. Age Discrimination Act of 1975;
8. Executive Order 12892 – Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering
Fair Housing;
9. Section 109 of the Housing and Community Development Act of 1974 – No person shall be excluded from
participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG-DR
funds because of race, color, religion, sex or national origin;
10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8, which prohibits discrimination against people with
disabilities;
11. Executive Order 11063 – Equal Opportunity in Housing; and
12. Section 3 of the Housing and Urban Development Act of 1968, as amended – Employment/Training of Lower
Income Residents and Local Business Contracting.
I hereby certify that ___________________________ shall comply with all of the provisions and Federal regulations listed
in this Attachment F.
By: Date:
Name:
Title:
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Attachment G – Reports
The following reports must be completed and submitted to Commerce in the time frame indicated below.
Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this
Agreement.
1. Monthly Progress Report must be submitted to Commerce five (5) calendar days after the end of each month.
2. A Quarterly Progress Report must be submitted to Commerce on forms to be provided by Commerce no later
than the 5th of every April, July, October and January.
3. Subrecipient shall closeout its use of the CDBG-DR funds and its obligations under this Agreement by complying
with the closeout procedures in 2 CFR § 200.343. Activities during this close-out period may include, but are not
limited to: making final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances and accounts receivable to the Grantee) and
determining the custodianship of records.
Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, Subrecipient shall transfer to
the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use
of CDBG funds. Further, any real property under Subrecipient's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to Subrecipient in the form of a loan) shall be treated in
accordance with 24 CFR 570.503(b)(7).
4. In accordance with 2 CFR part 200, should Subrecipient meet the threshold for submission of a single or program
specific audit, the audit must be conducted in accordance with 2 CFR part 200 and submitted to Commerce no later
than nine months from the end of Subrecipient’s fiscal year. If Subrecipient did not meet the audit threshold, an
Audit Certification Memo must be provided to Commerce no later than nine months from the end of Subrecipient’s
fiscal year.
5. A copy of the Audit Compliance Certification form, Attachment J, must be emailed to audit@commerce.fl.gov
within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open.
6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with
24 CFR §75.25(a). Subrecipients must report the following: (i) the total number of labor hours worked; (ii) the total
number of labor hours worked by Section 3 workers; and (iii) the total number of labor hours worked by Targeted
Section 3 workers. If Section 3 benchmarks are not met, the subrecipient’s qualitative efforts must be reported in a
manner required by 24 CFR §75.25(b).
Subrecipients shall provide Section 3 Reporting quarterly to Commerce by the 5th of each quarter (January 5, April
5, July 5, and October 5). For Section 3 Reporting, subrecipients should complete and return the Project
Implementation Plan template to Commerce.
7. Request for Funds must be submitted as required by Commerce and in accordance with the Scope of Work
(Attachment A) , Project Budget (Attachment B) and Activity Work Plan (Attachment C).
8. All forms referenced herein are available online or upon request from Commerce’s grant manager for this Agreement.
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Attachment H – Warranties and Representations
Financial Management
Subrecipient’s financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 C.F.R
200.302 titled “Financial Management”), Section 218.33, F.S., and include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain information
pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Subrecipient shall safeguard all
assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate,
financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR
part 200 (and particularly 2 CFR 200 Subpart E titled “Costs Principles”) and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions must follow the provisions of 2 CFR § 200.318-200.327 and be conducted in a manner
providing full and open competition. Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices
among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for
such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most
advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all
requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by Subrecipient. Any and
all bids or offers may be rejected if there is a sound, documented reason.
Codes of Conduct
Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee, officer or agent shall participate in the selection, award or
administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in a
tangible personal benefit from a firm considered for a contract. The officers, employees and agents of Subrecipient shall
neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts.
The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers,
employees or agents of the Subrecipient. (See 2 CFR § 200.318(c)(1))
Business Hours
Subrecipient shall have its offices open for business, with the entrance door open to the public, and at least one employee
on site at all reasonable times for business. “Reasonable” shall be construed according to circumstances, but ordinarily
shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All contractors or employees hired by Subrecipient shall have all current licenses and permits required for all of the
particular work for which they are hired by Subrecipient.
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Attachment I – Audit Requirements
The administration of resources awarded by Commerce to Subrecipient may be subject to audits and/or monitoring by
Commerce as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section
215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on -site visits
by Commerce staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this
Agreement, Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed
appropriate by Commerce. In the event Commerce determines that a limited scope audit of Subrecipient is appropriate,
Subrecipient agrees to comply with any additional instructions provided by Commerce staff to Subrecipient regarding
such audit. Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. This part is applicable if Subrecipient is a state or local government or nonprofit
organization as defined in 2 CFR §200.1.
1. A Subrecipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
EXHIBIT 1 to this form lists the federal resources awarded through Commerce by this agreement. In
determining the federal awards expended in its fiscal year, Subrecipient shall consider all sources of federal
awards, including federal resources received from Commerce. The determination of amounts of federal awards
expended should be in accordance with the guidelines established in 2 CFR §200.502-503. An audit of the
Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet
the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, Subrecipient shall fulfill the requirements relative to
auditee responsibilities as provided in 2 CFR §200.508-512.
3. A Subrecipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If Subrecipient
expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be
paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources
obtained from other than federal entities).
PART II: STATE FUNDED. This part is applicable if Subrecipient is a non-state entity as defined by Section 215.97(2),
F.S.
1. In the event that Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000
in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), Subrecipient must
have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule
Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state
financial assistance awarded through Commerce by this agreement. In determining the state financial assistance
expended in its fiscal year, Subrecipient shall consider all sources of state financial assistance, including state
financial assistance received from Commerce, other state agencies, and other nonstate entities. State financial
assistance does not include federal direct or pass-through awards and resources received by a nonstate entity
for federal program matching requirements.
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2. For the audit requirements addressed in Part II, paragraph 1, Subrecipient shall ensure that the audit complies
with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as
defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General.
3. If Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is
not required. If Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must
be paid from the nonstate entity’s resources (i.e., the cost of such an audit must be paid from Subrecipient’s
resources obtained from other than state entities).
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are sol ely a matter
of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflic t with other Federal or State
audit requirements). Pursuant to Section 215.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that
are in addition to audits conducted in accordance with Section 215.97, F.S. In suc h an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements,
and required by Part I of this form shall be submitted, when required by 2 CFR §200.512, by or on behalf of
Subrecipient directly to the Federal Audit Clearinghouse (“FAC”) as provided in 2 CFR §200.1 and §200.512.
The FAC’s website provides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of
Subrecipient directly to each of the following:
a. Commerce at each of the following addresses:
Electronic copies (preferred): or Paper (hard copy):
Audit@commerce.fl.gov Department of Commerce
MSC # 75, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
b. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits
342 Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
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The Auditor General’s website (https://flauditor.gov/) provides instructions for filing an electronic copy of a
financial reporting package.
3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of
Subrecipient directly to:
Electronic copies (preferred): or Paper (hard copy):
Audit@commerce.fl.gov Department of Commerce
MSC # 75, Caldwell Building
107 East Madison Street
Tallahassee, FL. 32399-4126
4. Any reports, management letters, or other information required to be submitted to Commerce pursuant to this
agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550
(local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Subrecipients, when submitting financial reporting packages to Commerce for audits done in accordance with 2
CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to Subrecipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION. Subrecipient shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal
years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and
shall allow Commerce, or its designee, CFO, or Auditor General access to such records upon request. Subrecipient shall
ensure that audit working papers are made available to Commerce, 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 Commerce. 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 reso lution of
all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer.
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Exhibit 1 to Attachment I – Funding Sources
Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:
Federal Awarding Agency: U.S. Department of Housing and Urban Development
Federal Funds Obligated to Subrecipient: ($185,863.50)
Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State’s Program
and Non-Entitlement Grants in Hawaii
Catalog of Federal Domestic Assistance Number: 14.228
Project Description:
This is not a research and development award.
Funding is being provided as CDBG-DR/HMGP matching
funds to provide a FEMA P-361 Standards safe room at the
existing police station in Winter Springs, Seminole County,
Florida, funded through the Hazard Mitigation Grant
Program (HMGP) DR-4673-063-R, as approved by the
Florida Division of Emergency Management (Division) and
the Federal Emergency Management Agency (FEMA).
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as
Follows:
Federal Program
1. Subrecipient shall perform its obligations in accordance with Sections 290.0401- 290.048, F.S.
2. Subrecipient shall perform its obligations in accordance with 24 CFR §570.480 – 570.497.
3. Subrecipient shall perform its obligations in accordance with 24 CFR Part 58.
4. Subrecipient shall perform the obligations as set forth in this Agreement, including any attachments or
exhibits thereto.
5. Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C.
6. Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily
limited to, those identified in Award Terms & Conditions and Other Instructions of Subrecipient’s Notice
of Subgrant Award/Fund Availability (NFA).
State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A
Matching Resources for Federal Programs: N/A
Subject to Section 215.97, Florida Statutes: N/A
Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows:
N/A
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NOTE: Title 2 CFR § 200.331 and Section 215.97(5), F.S., require that the information about Federal Programs and
State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient.
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Attachment J – Audit Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to
audit@commerce.fl.gov.
Subrecipient:
FEIN: Subrecipient’s Fiscal
Year:
Contact Name: Contact’s Phone:
Contact’s Email:
1. Did Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g.,
contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award
agreement, etc.) between Subrecipient and the Department of Commerce (Commerce)? Yes No
If the above answer is yes, answer the following before proceeding to item 2.
Did Subrecipient expend $750,000 or more of state financial assistance (from Commerce and all other sources of
state financial assistance combined) during its fiscal year? Yes No
If yes, Subrecipient certifies that it will timely comply with all applicable State single or project-specific
audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,
grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.)
between Subrecipient and Commerce? Yes No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Subrecipient expend $750,000 or more in federal awards (from Commerce and all other sources of federal
awards combined) during its fiscal year? Yes No
If yes, Subrecipient certifies that it will timely comply with all applicable single or program-specific audit
requirements of 2 CFR part 200, subpart F, as revised.
By signing below, I certify, on behalf of Subrecipient, that the above representations for items 1 and 2 are true
and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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Attachment K – Subrecipient Enterprise Resource Application
(SERA) Form
Attachment K will be provided after execution of this Agreement
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Attachment L
2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal
Entity Contracts Under Federal Awards
Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the
non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as
appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be affected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b).
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision
for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less
than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued
by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected
or reported violations to the Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 42424240 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations
to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
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mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment
or performance of experimental, developmental, or research work under that “funding agreement,” the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-
Federal award.
(J) See 2 CFR § 200.323 – Procurement of recovered materials.
(K) See 2 CFR § 200.216 – Prohibition on certain telecommunications and video surveillance services or
equipment.
(L) See 2 CFR § 200.322 – Domestic Preferences for procurements.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]
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Attachment M
State of Florida
Department of Commerce
Federally Funded
Community Development Block Grant
Disaster Recovery Subrogation Agreement
This Subrogation and Assignment Agreement (“Agreement’) is made and entered by and between the City of
Winter Springs (hereinafter referred to as “Subrecipient”) and the State of Florida, Department of Commerce
(hereinafter referred to as “Commerce”).
In consideration of Subrecipient’s receipt of funds or the commitment by Commerce to evaluate Subrecipient’s
application for the receipt of funds (collectively, the “Grant Proceeds”) under the Commerce Community
Development Block Grant-Disaster Recovery Program (CDBG-DR Program) administered by Commerce,
Subrecipient hereby assigns to Commerce all of Subrecipient’s future rights to reimbursement and all payments
received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any
reimbursement or relief program related to or administered by the Federal Emergency Management Agency
(FEMA) or the Small Business Administration (SBA) (singularly, a “Disaster Program” and collectively, the
“Disaster Programs”) that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient
under the CDBG-DR Program and that are determined in the sole discretion of Commerce to be a duplication
of benefits (DOB) as provided in this Agreement.
The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FEMA or
the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as
“Proceeds,” and any Proceeds that are a DOB shall be referred to herein as “DOB Proceeds.” Upon receiving
any Proceeds, Subrecipient agrees to immediately notify Commerce who will determine in its sole discretion if
such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB, the
portion that is a DOB shall be paid to Commerce, to be retained and/or disbursed as provided in this
Agreement. The amount of DOB determined to be paid to Commerce shall not exceed the amount received
from the CDBG-DR Program.
Subrecipient agrees to assist and cooperate with Commerce to pursue any of the claims Subrecipient has against
the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient’s assistance and
cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient’s name(s) and
providing any additional documentation with respect to such consent, giving depositions, providing documents,
producing record and other evidence, testifying at trial and any other form of assistance and cooperation
reasonably requested by Commerce. Subrecipient further agrees to assist and cooperate in the attainment and
collection of any DOB Proceeds that Subrecipient would be entitled to under any applicable Disaster Program.
If requested by Commerce, Subrecipient agrees to execute such further and additional documents and
instruments as may be requested to further and better assign to Commerce, to the extent of the Grant Proceeds
paid to Subrecipient under the CDBG-DR Program, the Policies, any amounts received under the Disaster
Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions
and to do, or cause to be done, all things requested by Commerce to consummate and make effective the
purposes of this Agreement.
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Subrecipient explicitly allows Commerce to request of any company with which Subrecipient held insurance
policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving
Proceeds, any non-public or confidential information determined to be reasonably necessary by Commerce to
monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient’s consent
to such company to release said information to Commerce.
If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by
superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such
amounts to Commerce, if Subrecipient received Grant Proceeds under the CDBG-DR Program in an amount
greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the
calculation of Subrecipient’s award.
In the event that Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall
pay such subsequent Proceeds directly to Commerce, and Commerce will determine the amount, if any, of such
subsequent Proceeds that are DOB Proceeds (Subsequent DOB Proceeds). Subsequent Proceeds in excess of
Subsequent DOB Proceeds shall be returned to Subrecipient. Subsequent DOB Proceeds shall be disbursed as
follows:
1. If Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall
be retained by Commerce.
2. If Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall
be used by Commerce to reduce payments of the Grant Proceeds to Subrecipient, and all Subsequent
DOB Proceeds shall be returned to Subrecipient.
3. If Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds shall be
used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be
used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such
amount shall be returned to Subrecipient; and (B) any remaining Subsequent DOB Proceeds shall be
retained by Commerce.
4. If Commerce makes the determination that Subrecipient does not qualify to participate in the CDBG-
DR Program or Subrecipient determines not to participate in the CDBG-DR Program, the Subsequent
DOB Proceeds shall be returned to Subrecipient, and this Agreement shall terminate.
Once Commerce has recovered an amount equal to the Grant Proceeds paid to Subrecipient, Commerce will
reassign to Subrecipient any rights assigned to Commerce pursuant to this Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds
received by Subrecipient shall be true and correct as of the date of the signing of this Agreement.
Warning: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject
to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
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The person executing this Agreement on behalf of Subrecipient hereby represents that he/she has received,
read, and understands this notice of penalties for making a false claim or statement regarding Proceeds received
by Subrecipient.
In any proceeding to enforce this Agreement, Commerce shall be entitled to recover all costs of enforcement,
including actual attorney’s fees.
CITY OF WINTER SPRINGS DEPARTMENT OF COMMERCE
By By
Signature Signature
Kevin McCann
Title City Mayor
Title
Date
Date
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Attachment N – HMGP Agreement, Attachment A, Budget and
Scope of Work
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