HomeMy WebLinkAboutItem 09 Approval of Projects that were Awarded Funding under the Community Development Block Grant Disaster Recovery (CDBG-DR) Program
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 6, 2026
Item #: 9
Contact Name: Stephen Krug Department Director: Stephen Krug
Contact Number: Ext. 6002 City Manager: Craig Shadrix
Subject: Approval of Projects Awarded Funding under the Community Development Block Grant Disaster
Recovery (CDBG-DR) Program, (Public Works Director Krüg)
Background Summary:
The US Department of Housing Urban Development (HUD) has awarded Orange County $219,712,000 under the
Community Development Block Grant Disaster Recovery (CDBG-DR) Program to fund activities related to
disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and
mitigation.
Orange County has awarded the City of Ocoee, as a subrecipient, $486,627 for the City’s Roper Parkway and
Capitol Court Drainage Improvement Project (see attached) and $500,000 for the Lake Lotta and Northwest Ditch
Basin Studies (to be approved at a future date) through the U.S. Department of Housing and Urban Development
(HUD) Community Development Block Grant Disaster Recovery (CDBG-DR) Program. These infrastructure and
planning projects serve to improve the City’s flood resiliency by increasing community protections during severe
storms. These activities align with the City’s Envision 2045 Comprehensive Plan, the County’s CDBG-DR
Program goals, and the Local Mitigation Strategy (LMS) Working Group’s goals.
Public Works recommends approval of projects awarded under the CDBG-DR Program.
Issue:
Should the Honorable Mayor and City Commission approve projects awarded under the Community Development
Block Grant Disaster Recovery (CDBG-DR) Program?
Recommendations: Staff recommend the Honorable Mayor and City Commission:
1. Approve projects awarded funding under the Community Development Block Grant Disaster Recovery
(CDBG-DR) Program.
Attachments:
1. Award- CDBG Infrastructure
2. Award Letter- CDBG Planning
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
3. CDBG Project Awards
4. Subrecipient Agreement
Financial Impacts:
There is no financial impact at this time as the City prepares to put the projects out to bid and is expected to receive
additional funding from the Hazard Mitigation Grant Program (HMGP) for the infrastructure project.
Type of Item: Consent
Orange County
Administration Center
201 S Rosalind Ave.
Orlando, FL 32802-1393
Orange County Government
Legislation Details (With Text)
File #: Version:125-765 Name:
Status:Type:Recommendation Passed
File created:In control:5/7/2025 Planning, Environmental, and Development
Services Department
On agenda:Final action:6/3/2025 6/3/2025
Title:Approval of Projects and Award Amounts for Community Development Block Grant - Disaster
Recovery for Hurricane Ian. All Districts. (Housing and Community Development Division)
Sponsors:
Indexes:
Code sections:
Attachments:1. CDBG-DR Funding Project Description for Hurricane Ian.docx, 2. 2025-06-03 Planning,
Environmental, and Development Services Department Consent Item-03
Action ByDate Action ResultVer.
ApprovedBoard of County Commissioners6/3/2025 1 Pass
Interoffice Memorandum
DATE:May 7, 2025
TO:Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services
Department
CONTACT:Mitchell Glasser, Manager
PHONE:407-836-5190
DIVISION:Housing and Community Development Division
ACTION REQUESTED:
Approval of Projects and Award Amounts for Community Development Block Grant - Disaster
Recovery for Hurricane Ian. All Districts. (Housing and Community Development Division)
PROJECT:Projects and Award Amounts for Community Development Block Grant - Disaster
Recovery for Hurricane Ian
PURPOSE:On March 15, 2023, the U.S. Department of Housing and Urban Development
announced a direct allocation of Community Development Block Grant - Disaster Recovery (CDBG-
DR) funds, in the amount of $219,712,000, to Orange County to address long-term impacts from
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Hurricane Ian. On January 9, 2024, the Board approved an Action Plan that included an analysis of
unmet and mitigation needs, a summary of citizen input and engagement, general program
requirements, and the County’s proposed budget for the CDBG-DR Program.
To advance implementation of programs and strategies proposed in the approved CDBG-DR Action
Plan, the County issued Requests for Applications (RFA) on December 10, 2024, for the
infrastructure, public facilities, mitigation programs, and for the planning program. The RFAs closed
on February 5, 2025. All applications received were evaluated and scored by an evaluation
committee, with members recommended by the local Mitigation Strategy group. The projects
recommended for funding were presented and approved by the Community Development Advisory
Board on April 16, 2025. Pending Board approval, agreements are anticipated to be issued in
Summer of 2025, upon completion of environmental reviews, capacity, and risk assessments for the
selected projects.
PROJECTS AND AWARD AMOUNTS FOR COMMUNITY DEVELOPMENT
BLOCK GRANT - DISASTER RECOVERY FOR HURRICANE IAN
Infrastructure and Public Facilities Program
Orange County Utilities - Orlo Vista Integrated Water Resources $12,600,000
Orange County Public Works - Long Lake Pump Station Improvement $ 8,711,455
Orange County Public Works - Bonnie Brook Subdivision
Drainage Improvements $ 1,514,104
City of Orlando - Richmond Heights Flood Mitigation $12,498,549
City of Orlando - Haralson Estates Stormwater and Flood Mitigation $ 8,701,411
City of Winter Garden - Bethune, Edgeway, Basin, Maxey
& Dunbar Drainage $ 6,562,500
City of Winter Park - W/WW Lift Station Project
Ravaudage & Wymore $ 5,157,507
Total Infrastructure and Public Facilities Program $55,745,526
Mitigation Program
Orange County Public Works - Verona Park Subdivision &
Pump Station Improvement $ 3,660,966
City of Ocoee - Roper Pkwy &
Capitol Court Drainage Improvement $ 486,627
City of Orlando - Flood Mitigation through
Drain Well Replacements $15,750,000
Town of Eatonville - Eatonville Resilience & Recovery $ 8,291,743
Total Mitigation Program $28,189,336
Planning Program
Orange County Office of Sustainability & Resilience
Building Community Resilience $ 500,000
City of Ocoee - Lake Lotta and Northwest Ditch Basin Studies $ 500,000
City of Orlando - Nature Based Solutions for Flood Mitigation $ 500,000
Total Planning Program $ 1,500,000
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BUDGET:N/A
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CAPITAL IMPROVEMENTS AND INFRASTRUCTURE SUBRECIPIENT AGREEMENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE
regarding
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (“HUD”)
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (“CDBG-DR”) PROGRAM
B-23-UN-12-0003
THIS AGREEMENT (“Agreement”) is made and entered into by and between ORANGE COUNTY, FLORIDA,
a charter county and political subdivision of the State of Florida, on behalf of its Housing and Community
Development Division (the “County”), and CITY OF OCOEE a political subdivision of the State of Florida (the
“Subrecipient” or “Agency”).
RECITALS
WHEREAS, pursuant to Public Law 117-328 (the Appropriations Act) and the “Allocations for
Community Development Block Grant Disaster Recovery and Implementation of the CDBG-DR Consolidated
Waivers and Alternative Requirements Notice” published in the Federal Register Thursday, May 18, 2023
(“Federal Register”), the US Department of Housing Urban Development (“HUD”) has awarded $219,712,000
in Community Development Block Grant Disaster Recovery (“CDBG-DR”) funding to the County for activities
authorized under Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301
et seq.) and described in the County’s CDBG-DR Action Plan, which was approved by the Orange County Board
of County Commissioners (“Board” or “BCC”) on January 9, 2024, and amended on February 27, 2025
(“Action Plan”), related to disaster relief, long-term recovery, restoration of infrastructure and housing,
economic revitalization, and mitigation; and;
WHEREAS, as a CDBG-DR funding recipient, the County fulfills the CDBG-DR Program’s Goal of
advancing long-term recovery and mitigation measures by issuing federal subawards (“Subaward(s)”) to other
governmental agencies that are able to construct and operate CDBG-DR eligible public facilities and
infrastructure projects;
WHEREAS, the Agency is a local government entity with experience in developing CDBG-DR funding
eligible projects (“Work”) described in the Scope of Work attached to this Agreement as “Exhibit C” (hereafter
referred to as the “Project”),
WHEREAS, the Agency submitted a proposal to the County requesting monetary assistance for the
Project as part of the Infrastructure and Public Facilities Program of the Action Plan; and
WHEREAS, the County has determined that the Project will serve a valid public purpose that fulfills the
purposes and policies of the Act and the CDBG-DR Program and desires to utilize certain CDBG-DR Funds to
meet the objectives further detailed in the Scope of Work attached as “Exhibit C”; and
WHEREAS, the parties desire to enter into this Agreement to ensure the Agency’s compliance with the
requirements of the CDBG-DR Program regulations, and to secure other covenants and obligations from the
Agency regarding the Project and use of CDBG-DR Funds.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for
other good and valuable consideration, the sufficiency and receipt of which the parties hereby acknowledge
County and Agency agree as follows:
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ARTICLE I - RECITALS
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as a material part
of this Agreement.
ARTICLE II – NATIONAL OBJECTIVES AND APPLICABLE FEDERAL REQUIREMENTS
Section 1. Compliance with National Objectives
1.1 National Objectives. The Agency, as a subrecipient of CDBG-DR Funds, hereby affirms that the activities
carried out with the Funds provided under this Agreement meet one or more of the CDBG Program
national objectives, as defined in the CDBG Code of Federal Regulations 24 CFR § 570.200(a) and 24
CFR § 570.208 (collectively hereinafter referred to as “National Objectives”).
1.2 Required Certification. Pursuant to 24 CFR § 570.200(a), the Agency hereby certifies that the Work
provided under this Agreement will benefit low- and moderate-income persons And that at least 51% of
all individuals served under this Agreement are low- and moderate-income persons, either by meeting
HUD’s income eligibility criteria under 24 CFR § 570.3 or by qualifying as limited clientele under HUD
guidelines.
Section 2. Applicable Federal Requirements
2.1 This Agreement is funded pursuant to Federal Award Identification Number: B-23-UN-12-0003 and
shall be used to supplement, not supplant, other related funding or in-kind resources made available for
related Work. The funds shall not be used for activities reimbursable by or for which funds are made
available by the Federal Emergency Management Agency (“FEMA”) or the U.S. USACE of Engineers
(“USACE”).
2.2 The Agency shall comply with the regulations found in 2 CFR Part 570 (“Community Development
Block Grants”), with details of HUD requirements concerning CDBG, with the Code of Federal
Regulations Title 2, Part 200, as amended by 24 CFR § 570.502 (“Uniform Administrative
Requirements”), all federal regulations and policies issued pursuant to these regulations, and any other
relevant or related federal directive or applicable laws (collectively, “Applicable Federal Law(s)”).
2.3 In addition to the regulations listed above, the Agency will comply with core CDBG-DR tenets and
requirements listed below:
2.3.1 Most Impacted and Distressed (MID) Requirement: The Agency must conduct all activities and
expend all CDBG-DR award funds granted by the County in the “most impacted and distressed” (MID)
areas resulting from the qualifying major disaster in 2022, which is in response to Hurricane Ian (Federal
Emergency Management Agency (FEMA) Disaster No. 4673 – DR). As noted in the Federal Register
Guidance (88 FR 32047), the HUD-identified MID for the area for this disaster allocation is all of Orange
County.
2.3.2 Eligible Activities: CDBG-DR funds are provided for necessary expenses for activities authorized
under Title I of the Housing and Community Development Act of 1974 (HCDA), as amended (42 United
States Code (U.S.C.) 5301 et seq.), related to disaster relief, long-term recovery, restoration of
infrastructure and housing, economic revitalization, and mitigation of related risk. The Agency must
utilize CDBG-DR funds as prescribed under 24 CFR 570 Subpart C – Eligible Activities, and for
alternative requirements and waivers as prescribed within the Federal Register Guidance. Furthermore,
the Agency shall conduct its project to align with the approved eligible activities found under the most
recent approved Action Plan for County’s CDBG-DR Unmet Needs Assessment.
2.3.3 CDBG-DR Mitigation Set-Aside and Storm “Tie-Back”. The County is responsible for informing the
Agency of whether CDBG-DR funding is awarded for an activity(ies) to address an unmet recovery
need, a mitigation and resilience measure, or both. Depending on the recovery or mitigation designation
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by the County, the Agency is responsible for documenting proof of the designation. For recovery
activities, the Agency must demonstrate that their activities “tie-back” to the specific disaster and
address a specific unmet recovery need for which the CDBG-DR funds were appropriated. For
mitigation set-aside activities, the Agency must document how its activity(ies)(1) meet the definition of
mitigation activities; (2) address the current and future risks as identified in the Agency’s mitigation
needs assessment in the MID areas under its Action Plan; (3) is a CDBG-eligible activity under title I of
the HCDA (or otherwise eligible pursuant to a waiver or alternative requirement); and (4) still meets a
national objective. In some cases, the County may require the Agency to provide evidence of the activity
meeting both the CDBG-DR “tie-back” and mitigation measures justification. The County will spell out
specific requirements for the Agency, its project, and the project’s eligible activities under the Scope of
Services attached as Exhibit “C”.
2.3.4 Duplication of Benefits. The agency certifies that it shall not carry out any of the activities under this
Agreement in a manner that results in a prohibited duplication of benefits as defined in Section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et seq.)
and described within Appropriations Acts and Federal Register Guidance. The Agency must comply
with HUD’s requirements for Duplication of Benefits (DOB) as described in the Federal Register
Guidance (Section IV.A.1. – Grant Administration; Duplication of Benefits) and HUD guidance (including
HUD training materials), including specific Order of Assistance requirements. The Agency shall carry
out the activities under this Agreement in compliance with the County’s procedures to prevent DOB. In
consideration of the Agency’s receipt of funds under the CDBG-DR Program administered by the
County, the Agency hereby assigns to the County all of the Agency’s future rights to reimbursement and
all payments received from any grant, subsidized loan, lawsuit or insurance policies or any type of
coverage, or under any reimbursement or relief program related to or administered by FEMA or the
Small Business Administration (“SBA”) that was the basis of the calculation of the award made pursuant
to this Agreement and that are determined at the sole discretion of the County to be a DOB.
In accordance with the Federal Register Guidance at 88 FR 32053 – Section IV.A.1.(d)(v) Applicable
Rules, Statutes, Waivers and Alternative Requirements: Reassess Unmet Need When Necessary, the
Agency certifies that they will notify the County immediately of any funding source changes and/or
additions from other sources that are different from that shown in the Agency’s application. This
notification must include a statement explaining how this change in funding affects the provisions of the
project and activity requirements as well as the use of and continued need for CDBG-DR funds through
the County. The Consultant will perform checks to determine if Agency is in compliance with this
requirement.
2.4 A partial list of the Applicable Federal Laws is attached as “Exhibit A,” for convenience and reference
purposes only and shall not be relied upon by the Agency to be the full and exhaustive list of Applicable
Federal Laws.
2.5 The Agency hereby acknowledges that the specific provisions of Applicable Federal Laws referenced in
this Agreement or in “Exhibit A” are referenced only for emphasis. The exclusion of a specific provision
of Applicable Federal Law from this Agreement does not alleviate the Agency from its obligation to comply
with such applicable provisions.
2.6 By executing this Agreement, the Agency hereby certifies that it has reviewed the Applicable
Federal Laws and that it understands its obligations pursuant to such federal laws, regulations,
policies, and directives.
2.7 The Agency must conduct all activities and expend all CDBG-DR award funds granted by the County in
the “most impacted and distressed” (MID) areas resulting from the qualifying major disaster in 2022, which
is in response to Hurricane Ian FEMA Disaster No. 4673-DR. As noted in the Federal Register, the HUD-
identified MID area for this disaster is all of Orange County.
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Section 3. Agreement between County and HUD. The Agency shall be bound by the standard terms and
conditions used in the Community Development Block Grant Disaster Recovery (CDBG-DR) Grant Agreement
between the County and HUD (a copy of which has been provided to the Agency and is hereby incorporated
into this Agreement by reference), to the extent such standard terms and conditions are applicable to the Agency
and such other rules, regulations or requirements as HUD may reasonably impose in addition to the conditions
of this Agreement, or subsequent to the execution of this Agreement by the parties hereto.
Section 4 – Duplication of Benefits. The Agency certifies that it 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 within Appropriations Acts and Federal Register Guidance. The Agency must comply with HUD's
requirements for Duplication of Benefits (DOB), as described in the Federal Register Guidance (Section IV.A.1.
– Grant Administration; Duplication of Benefits (DOB)) and HUD guidance (including HUD training materials),
including specific requirements as noted under Section 2.3.4 above. The Agency shall carry out the activities
under this Agreement in compliance with the COUNTY’s procedures to prevent DOB. The Agency shall also
sign a Subrogation Agreement (see “Exhibit Q” – CDBG-DR Program Subrogation Agreement)
ARTICLE III – USE OF SUBAWARD
Section 1. Use of Subaward Funds
1.1 The Agency shall use the Subaward received under this Agreement only for the purpose of conducting
the Project and providing the agreed upon Work described in the Scope of Work attached to this
Agreement as “Exhibit C”. CDBG-DR Funds shall not be used for any purpose other than those provided
for in this Agreement.
1.2 The Agency shall provide all required staff, volunteer workers, and services required for the operation of
the Project. All services or work provided pursuant to this Agreement shall be performed in a professional
and skillful manner. The County may require, in writing, that the Agency removes any employee,
volunteer, associate, or agent of the Agency that the County deems incompetent, careless, or otherwise
objectionable from performing work or services related to this Agreement. The County shall not be
responsible for any costs related to such removal.
1.3 CDBG-DR Funds shall be expended only for costs associated with the Work activities in the Budget
attached as “Exhibit B”. No construction activities shall begin on the Project until an environmental
review has been completed and approved by HUD, the Authorization to Use Grant Funds has been
obtained and a formal Notice to Proceed (NTP) has been issued. Engineering and design services may
commence prior to the approval of the environmental review. To avoid the disqualification of a project, no
choice-limiting actions may be performed prior to the Agency having obtained environmental clearance
for the project. The Agency is prohibited from undertaking or committing any funds on choice-limiting
actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair,
construction, or leasing or disposition prior to the executed Authority to Use Grant Funds (HUD 7015.16)
form or equivalent letter having been received.
Additionally, entering a contract that obligates the Agency to any of the above activities constitutes a
choice-limiting action and puts the fundability of the project at risk. Prior to issuance of a Notice to Proceed,
the Agency shall complete all items required in “Exhibit R” Conditional Grant Requirements.
1.4 CDBG-DR Appropriations Acts generally include a statutory order of assistance for Federal agencies which
require Grantees to verify whether funds made available by FEMA or the U.S. Army Corps of Engineers
(USACE) are available for an activity, or the costs are reimbursable by FEMA or the USACE, before
awarding CDBG-DR assistance for the cost of carrying out the same activity. The Agency shall not use
CDBG-DR funds for activities reimbursable by or for which funds are made available by FEMA or USACE.
The Agency must verify and inform the County if FEMA and USACE funds are available prior to award or
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expenditure of CDBG-DR funds to an eligible activity within the Scope of Services attached as “Exhibit
“C”. Failure to do so can result in a return of funds as outlined in Section 2.3 of Article VI of this Agreement.
Section 2. Project Completion Date. The Project shall be completed no later than June 30, 2029
(“Completion Date”). The Completion Date may be extended by the Program Administrator, in their sole
discretion, in the event of any unavoidable delays deemed to be beyond the control of the Agency. Any such
extension of the Completion Date by the Program Administrator shall be done in writing and shall not extend
beyond the term of the Federal Award. For the purposes of this Agreement, the ”Program Administrator” is
the Manager of the County’s Housing and Community Development Division or their designee.
Section 3. Work Area. The Agency shall provide the Work at the designated facility located at the address
designated in the Scope of Work attached as “Exhibit C”.
ARTICLE IV – CONFIDENTIALITY AND PUBLIC RECORDS
Section 1. Florida Information Protection Act (“FIPA”)
1.1 If applicable, the Agency shall be responsible for protecting “Personal Information” in compliance with
the terms of Section 507.171, Florida Statutes.
1.2 Pursuant to Section 501.171(g)1., Florida Statutes, “Personal Information” means either of the following:
(a) An individual’s first name or first initial and last name in combination with any one or more of the
following data elements for that individual:
(1) A social security number;
(2) A driver license or identification card number, passport number, military identification number,
or other similar number issued on a government document used to verify identity;
(3) A financial account number or credit or debit card number, in combination with any required
security code, access code, or password that is necessary to permit access to an individual’s
financial account;
(4) Any information regarding an individual’s medical history, mental or physical condition, or
medical treatment or diagnosis by a health care professional;
(5) An individual’s health insurance policy number or subscriber identification number and any
unique identifier used by a health insurer to identify the individual; or
(6) Any information regarding an individual’s geolocation.
(b) A username or e-mail address, in combination with a password or security question and answer that
would permit access to an online account.
Section 2. Public Records Compliance Requirements.
2.1 Pursuant to Section 119.0701, Florida Statutes, the Agency shall:
(a) Keep and maintain public records required by the County to perform the service.
(b) Upon request from the County, provide the County 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 amount
set by the County.
(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of this Agreement’s term
and following completion of this Agreement if the Agency does not transfer the records to the County.
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(d) Upon completion, or termination, of this Agreement, transfer, at no cost, to the County all public
records in possession of the Agency or keep and maintain public records required by the Agency to
perform the service in accordance with Florida law.
(e) If the Agency transfers all public records to the County upon completion of the Agreement, the Agency
shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Agency keeps and maintains public records upon completion
of this Agreement, the Agency shall meet all applicable requirements for retaining public records in
accordance with applicable federal and Florida law.
(f) All records stored electronically shall be provided to the County, upon request from the County, in a
format that is compatible with the information technology systems of the County.
IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, AS TO THE AGENCY’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE
AGENCY SHALL CONTACT THE PROCUREMENT PUBLIC RECORDS
LIAISON AT 400 EAST SOUTH STREET, 2ND FLOOR, ORLANDO, FLORIDA
32801, PROCUREMENTRECORDS@OCFL.NET, (407) 836-5897.
2.2 Florida Agencies. If the Agency is an “Agency” as defined by Section 119.011, Florida Statutes, then the
Agency shall comply with its own obligations under Chapter 119, Florida Statutes. The Agency additionally
agrees to cooperate in good faith with the County in the handling of public records created under this
Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the
Agency will not be required to destroy any records in its custody in violation of Chapter 119, Florida
Statutes.
Section 3. Health Insurance Portability and Accountability Act (“HIPAA”)
3.1 Under this Agreement, each party shall limit its transmission of data to the other party only to data that
either: (a) is not “Protected Health Information,” as defined in 45 CFR § 160.103; or (b) has been “de-
identified” in compliance with the HIPAA Safe Harbor Standard, 45 CFR § 164.514.
3.2 Should the need for the transmission of Protected Health Information arise pursuant to this Agreement, the
party transmitting that Protected Health Information shall, prior to such transmission, ensure that: (a) a
Business Associate Agreement has been executed; and (b) all the protections of the HIPAA Privacy and
Security Rules found in 45 CFR Part 164 are properly followed including, but not limited to, obtaining signed
and written authorizations or consents from the patient or client.
ARTICLE V - FUNDING AND BUDGET REQUIREMENTS
Section 1. Funding Limitations.
1.1 The Agency understands that this Agreement receives one hundred percent (100%) of its funding from
federal funds, and in the event the federal government disallows payment, for whatever reason, and
requires repayment of any portion of the funds provided through the Subaward, the Agency shall be
responsible for reimbursing the County for the total amount owed. The Agency shall expend CDBG-DR
funds only for allowable costs and eligible activities which are incurred during the Agreement period, In
accordance with federal cost principles at 2 CFR § 200 Subpart E and 24 CFR § 570 Subpart C.
1.2 The amount of reimbursement requested by the Agency from the County for the Project shall not exceed
the total Funds allocated and approved by the County under this Agreement. Any expenses or charges
incurred by the Agency exceeding the Funding amount approved by the County shall be the sole
responsibility of the Agency.
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1.3 Any Funds allocated to the Agency by the County, which are not expended within the term of this
Agreement, shall be retained by the County. The Agency shall not be reimbursed by the County for any
services or expenses incurred not within the term of this Agreement.
1.4 The County shall be the final authority as to the availability of CDBG-DR Program funds and as to how
such funds will be allocated.
1.5 The County reserves the right to reduce or otherwise alter the Subaward amount of this Agreement at its
sole discretion. Notification of such funding modification shall be provided in accordance with Article XIV
(“Notices”).
Section 2. Budget.
2.1 The Subaward shall be an amount not to exceed the total amount indicated in the Budget attached as
“Exhibit B”. Such Subaward shall be paid in accordance with the Budget, and any federal, state and
local laws, rules, regulations, and orders.
2.2 All Funds allocated to the Agency from the County for the current CDBG-DR Program shall be expended
according to the budgetary line-item expenditures provided for in the Budget. Requests for transfers within
approved line items in the Budget that are reasonable and justifiable, are permissible with the approval of
the County’s Manager of the Housing and Community Development Division (“Manager”) upon written
request by the Agency. Such request shall be submitted no later than ten (10) days prior to the Project’s
Completion Date set forth in Article III of this Agreement.
ARTICLE VI - BILLING REQUIREMENTS AND PAYMENT METHODS
Section 1. Billing Requirements
1.1 The Agency shall submit all invoices and/or requests for reimbursement to the County on or before the
last business day of each month . Submittals shall include CDBG-DR Program allowable Work incurred
during the prior month and a completed itemized Invoice, a draft copy of which is attached as “Exhibit
D.”
1.2 Each invoice shall be completed in its entirety and shall itemize all CDBG-DR Program approved Work
and expenditures incurred by the Agency for the prior month.
1.3 Invoices submitted to the County shall include copies of supporting documentation for all expenditures
and/or Work charged. “Supporting Documentation” shall include, but not be limited to: documentation
supporting the completion of services (material and labor costs, etc.), accounting records supported by
documentation (copies of issued checks, invoices, payroll and time sheets submitted via Canopy, etc.),
and any other documents relating to the expenditures incurred and paid for by the Agency relating to the
Project and Work provided under this Agreement. All charges for Work or expenditures submitted for
reimbursement must be eligible under the CDBG-DR Program requirements and the Orange County
CDBG-DR Infrastructure and Public Facilities Program Policies and Procedures Manual.
1.4 Requests for payment or reimbursement deemed by the County, in its sole discretion, as ineligible, shall
be rejected by the County for payment. The County retains the right to reject approval for payment of any
expenses or services the County deems as failing to meet CDBG-DR Program requirements.
1.5 The Agency shall submit the Agency’s invoices in accordance with the following procedures:
(a) Submit a completed Invoice to the attention of the Program Administrator on or before the last
business day of the month following the month during which CDBG grant-related work was provided
and expenses were incurred.
(b) Submit records of the Subaward funds expended during the prior month along with Supporting
Documentation of payment being made by the Agency.
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(c) For employee salaries, the Agency shall submit time sheets or other records documenting the time
employees spent in CDBG-DR Program related activities for the pay period(s) reimbursement is
being requested. As part of its monthly reimbursement request, the Agency shall include a summary
page itemizing the expenditures to be reimbursed for the Project activities, payroll expenditures for
each employee, and/or all of the portions of each payment provided to vendors.
(d) The Agency must submit an AIA form that is standard use in the capital improvement project industry
that includes the original Budget amount, amount requested to date, current billing amount and
balance of funding, all of which is to be listed by line item.
Section 2. Payment
2.1 Local Government Prompt Payment Act. The County shall make payments to the Agency for work
performed, or services provided, pursuant to this Agreement, in accordance with the Local Government
Prompt Payment Act, Section 218.70, et. seq., Florida Statutes. All checks disbursed from the County
shall be made payable to the Agency.
2.2 The County reserves the right to withhold or deny payment of Funds to the Agency for: (i) an incomplete
invoice and/or failure to provide any and all required supporting documentation; (ii) Work performed
relating to the Project or this Agreement deemed to be unsatisfactory; and (iii) the Agency’s failure to
comply with the terms and conditions of the CDBG-DR Program, Applicable Federal Laws, or this
Agreement. In such case, the County shall provide written notice to the Agency specifying the corrective
action to be taken and a reasonable date for compliance of such action.
2.3 The Agency shall repay the County any funds deemed by the County as paid in error to the Agency under
the terms of this Agreement. The County reserves the right to reduce future payments due to the Agency
by the amount owed to the County which is not repaid within ninety (90) days after the County’s request.
2.4 The County reserves the right to withhold final payment or ten percent (10%) of the Agreement amount,
whichever is greater, if the requirements of the Agreement, including, but not limited to, failure to submit
Monthly Reports attached to this Agreement as “Exhibit F”, or failure to meet timelines for completion of
the Project.
2.5 Funds Paid in Advance. If the Agency is provided Subaward funds in advance pursuant to this
Agreement, the Agency and the County must agree to and execute the Subaward Advance Terms and
Affidavit attached to this Agreement as “Exhibit G”. Additionally, the Agency hereby certifies to the
County that, if the Agency receives an advance of the Subaward:
(a) The Agency shall comply with 2 CFR § 200.305(b) (“Federal payment”) and therefore shall:
(1) Maintain written procedures that minimize the time elapsing between: (i) the transfer of funds
by the County to the Agency, and (ii) the Agency’s disbursement of those funds for direct project
costs and the proportionate share of any allowable indirect costs;
(2) Review 2 CFR § 200.302(b) and maintain financial management systems that comply with the
standards therein for fund control and accountability; and
(3) Make timely payment to its contractors and vendors.
(b) Fidelity & Employee Dishonesty Insurance. If paid in advance, the Agency shall present the
following proof of insurance Fidelity & Employee Dishonesty Insurance with a limit of not less than
the Subaward amount awarded under this Agreement. This insurance may be waived at the
discretion of the County’s Risk Management Division if the Agency is a “state agency or subdivision”
as defined by Section 768.28(2), Florida Statutes.
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(c) Failure on the part of the Agency to use advance funds exclusively for permitted uses shall be cause
for termination of this Agreement and will jeopardize the Agency’s ability to receive advances or
awards from the County in the future.
ARTICLE VII - PROGRAM AND FINANCIAL MANAGEMENT REQUIREMENTS
Section 1. Maintenance, Retention, and Access to Records
1.1 The Agency, and its subcontractors (if any) that are providing Work, or otherwise performing, pursuant to
this Agreement shall abide by the requirements of this Section.
1.2 The County has engaged a consultant, Horne LLP (“Consultant”), to assist County in managing this
subaward and the reporting requirements within this Agreement.
1.3 The Agency shall establish and utilize generally accepted accounting principles in the maintenance of all
records relating to this Agreement. Such practices shall comply with the general acceptable accounting
principles and shall fully and accurately reflect, track, and document the Agency’s financial activities.
1.4 Accounting records must adequately identify the fiscal year, and receipt and expenditure of HUD funds
for each subaward awarded separately from expenditures from other sources. The Agency shall ensure
that all funds received from the County under the CDBG-DR Program are kept in accounts separate and
apart from all other funds and accounts of the Agency.
1.5 The Agency shall establish and maintain separate accounting records for the Agency’s activities in
meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated
expenditures and establish that such expenditures are allowable, necessary, and reasonable under this
Agreement, the CDBG-DR Program, and any directives issued by HUD.
1.6 The Agency shall maintain records including, but not necessarily limited to, the following:
(a) Records providing a full description of each activity undertaken;
(b) Records demonstrating that each activity undertaken meets one of the National Objectives of the
CDBG program;
(c) Records required to determine the eligibility of activities;
(d) Records required to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG-DR assistance;
(e) Records documenting compliance with the fair housing and equal opportunity components of the
CDBG-DR program;
(f) Financial records as required by 24 CFR § 570.502 and 2 CFR Part 200;
(g) Records necessary to document compliance with CDBG-DR program requirements;
(h) Voucher System showing all supporting documentation, including purchase orders, invoices, and
requisition;
(i) Book of Original Entry showing cash receipts, disbursement journals and general ledger;
(j) Chart of Accounts listing all accounts;
(k) Checking accounts showing monthly bank reconciliation, itemizing voided checks, check stubs,
canceled checks and deposit slips;
(l) Petty cash record system showing monthly or more frequent reimbursement procedures;
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(m) Documentation of purchasing practices showing formal pre-numbered purchase order system;
(n) Inventories and other safeguards against loss by theft or physical deterioration of supplies,
equipment or other items;
(o) Formal subsidiary records of Project property and equipment disclosing acquisition and disposition
of property with a minimum value of One Thousand Dollars ($1,000.00), and annual inventory
reflecting actual value of property;
1.7 The Agency shall furnish the County with any and all data needed for the purpose of monitoring,
evaluation, auditing, and quality assurance. This data shall include information on the services provided
or work performed, and any other data that may be required by the County, in its sole discretion, to
adequately evaluate the Agency’s performance under this Agreement.
1.8 All records that were created, utilized, or maintained for the purpose of fulfilling the Agency’s obligations
pursuant to this Agreement, whether paper or electronic (“Relevant Records”), shall be retained by the
respective record holder for a period of five (5) years after termination of this Agreement, including any
extensions or renewals of this Agreement.
1.9 In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of
ten (10) years after the resolution of any such event.
1.10 The Agency shall permit the County, the Comptroller of Orange County (the “Comptroller”), HUD,
Inspectors General, the Comptroller General of the United States, or any of their authorized
representatives to access, review, or reproduce any and all Relevant Records and provide timely and
reasonable access to the Agency’s personnel for the purpose of interview and discussion related to such
documents and or to the award made under this Agreement.
1.11 If the Scope of Work in “Exhibit C” is site-specific, or construction-related, access to the stated
construction or work site shall be provided to the County, the Comptroller, HUD, the Comptroller General
of the United States, or any of their authorized representatives.
1.12 The Agency shall ensure that the provisions of this Section are incorporated into any agreements
into which it enters that are related to this Agreement and the CDBG-DR Program.
Section 2. Financial Standards
2.1 The Agency shall maintain accounting systems with internal controls in accordance with 2 CFR §200.303
that safeguard HUD funds and assets, provide for accurate financial data, promote operational efficiency,
and foster compliance with the requirements set forth in the 2 CFR Part 200, Subparts D (‘Post Federal
Award Requirements”) E (“Cost Principles”) and F (“Audit Requirements”).
2.2 Costs to this particular federal award may not be charged to other federal awards to cover funding
shortages.
Section 3. Program Income and Fees
3.1 Program Income
(a) CDBG “Program Income,” is defined in 24 CFR §570.500(a) and, for the purposes of this
Agreement, means gross income received by the Agency and directly generated by a CDBG
supported activity or earned only as a result of this Agreement during the Project period.
(b) Program Income includes, but is not limited to, income from fees for Work performed; funds received
from the use or rental of real or personal property acquired or improved with Subaward funds;
proceeds from the disposition of property purchased or improved with CDBG-DR Funds; any interest
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earned on CDBG-DR funds held in a revolving fund account; or proceeds from the disposition of
equipment bought with CDBG-DR funds.
(c) Program income shall be treated in the same manner as any other funds granted under this
Agreement. For those Program Income generating activities that are only partially assisted with
CDBG-DR Program funds, such income shall be prorated to reflect the actual percentage of CDBG-
DR Program funds that are used in accordance with 24 CFR §570.500.
3.2 The Uniform Administrative Requirements require that Program Income earned during the Project period
shall be reported to the County within the month that it is earned and shall be accounted for in one of the
following ways:
(a) Added to funds committed to the Project by the County and used to further eligible Project goals;
(b) Used to finance the non-federal share of the Project when approved by the County; and
(c) Deducted from the total Project costs in determining the net costs on which the County's share of
costs will be based.
3.3 Program Income on hand at the time of expiration of the Agreement must be returned to the County along
with accounts receivable that are attributable to the use of CDBG-DR Program Funds.
Section 4. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the
requirements of 2 CFR § 200, including, but not limited to 2 CFR § 200.311-.313 and 24 CFR § § 570.502,
570.503, and 570.504, as applicable, which include, but are not limited to, the following:
4.1. The Agency shall transfer to the County any CDBG-DR funds on hand and any accounts receivable
attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
4.2. Real property under the Agency’s control that was acquired or improved, in whole or in part, with
Subaward funds in excess of $25,000 shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR § 570.208 until five (5) years after the expiration of this Agreement. Failure to comply
with this subsection will result in the Agency paying the County an amount equal to the current fair market
value of the property less any portion of the value attributable to expenditures of non-CDBG-DR funds for
the acquisition of, or improvement to, the property. The Agency may retain real property acquired or
improved under this Agreement after the expiration of the five-year period.
4.3. If equipment acquired, in whole or in part, with funds under this Agreement is sold, then the proceeds will
be considered Program Income. If the Agency does not need said equipment for activities under this
Agreement, then the Agency will either (a) transfer the equipment to the County for the CDBG-DR
program, or (b) retain the equipment after compensating the County an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG-DR funds used to acquire the
equipment.
ARTICLE VIII - RISK ASSESSMENT, MONITORING, AND AUDITING
Section 1. Risk Assessment. The County shall conduct a risk assessment of the Agency per 2 CFR §
200.332(c) and regularly complete a suspension and debarment check for the Agency performing Work under
this Agreement to ensure compliance with 200 CFR § 200.214. A minimum of one employee of the Agency who
is primarily responsible for the Project will be required to attend two training courses (Subrecipient Compliance
and OIG Fraud, Waste and Abuse) by the deadline communicated by the County for when each course is
offered. Please see Conditional Grant Requirements attached as “Exhibit R”.
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Section 2. Monitoring and Remedies for Non-Compliance.
2.1 The Agency shall systematically and expeditiously furnish the County any and all data needed for the
purpose of CDBG-DR Project monitoring and evaluation. This data shall include information of the Work
provided and any other data that may be required by the County, in its sole discretion, to adequately
evaluate the CDBG-DR Project cost and effectiveness of the Work provided.
2.2 CDBG-DR Project programmatic and financial monitoring shall be performed periodically by the County
with a Letter of Findings provided, if applicable, and shall comply with the 2 CFR § 200.329 (“Monitoring
and Reporting Program Performance”) and 2 CFR § 200.332(e) (“Requirements for Pass-Through
Entities”). The Agency shall respond to any such Letter of Findings with a Corrective Action Plan and
Implementation Schedule, as instructed by the County, within thirty (30) days of the date of the Letter of
Findings. The Corrective Action Plan and Implementation Schedule will be subject to review and approval
by the County.
2.3 The Agency agrees to reimburse the County any, and all monies identified as over-payment or ineligible
as a result of monitoring findings.
2.4 The County shall have all legal and equitable remedies available to it including, but not limited to, injunctive
relief, right of termination of monthly contribution payments, and/or restitution of any use by the Agency
of CDBG-DR Funds determined to not be in conformance with the terms and conditions of this Agreement.
This provision shall survive the termination of this Agreement.
2.5 Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a breach of
contract and may result in the termination of this Agreement.
2.6 Financial reporting shall be performed in accordance with the 2 CFR § 200.328 (“Financial Reporting”).
In the event of any conflict between the provisions set forth in this Section and the requirements of the
Federal Code, the Federal Code shall take precedence.
2.7 The Agency shall allow the County and HUD representatives to review its files and allow on-site monitoring
of the Project during the term of this Agreement, or as may be required by the County or HUD, to determine
compliance with CDBG-DR regulations.
2.8 The County may conduct monitoring visits, as it deems necessary, to evaluate the Agency’s compliance
with the terms of this Agreement, requirements of the CDBG-DR Program, and federal regulations.
Section 3. Auditing. The County, the Orange County Comptroller (“Comptroller”), the Federal Government,
or any authorized designee or representative of any such government agency, shall have the right to audit the
Agency’s use of Subaward funds disbursed under this Agreement, from time to time, for compliance with the
terms, conditions, and obligations set forth herein. The Agency shall provide full access to all records,
documents, and information, whether paper or electronic data, necessary for the Comptroller to perform such
audit.
3.1 Audit requirements. If the Agency expends $1,000,000 or more during its fiscal year in federal awards,
the Agency must have a single audit or program-specific audit conducted for that year in accordance with
2 CFR § 200.501 (“Audit Requirements”).
3.2 Single audit. If the Agency expends $1,000,000 or more during the its fiscal year in federal awards, the
Agency must have a single audit conducted in accordance with the Federal Code 2 CFR § 200.514
(“Scope of Audit”), except when the Agency elects to have a program-specific audit conducted in
accordance with 2 CFR Part 200.501(c).
3.3 Exemption. An exemption shall apply when the federal awards expended are less than $1,000,000. If the
Agency expends less than $1,000,000 during its fiscal year in federal awards, the Agency is exempt from
federal audit requirements for that year, except as noted in 2 CFR § 200.503 (“Relation to Other Audit
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Requirements”), but records must be available for review or audit by the County, Comptroller,
appropriate HUD officials, and Government Accountability Office (“GAO”).
Section 4. Audit Submission
4.1 Audits shall be submitted to the County, no later than thirty (30) days after the auditor’s report is received
by the Agency. All audits shall be completed no later than one-hundred eighty (180) days after the close
of the Agency’ fiscal year, or as specified in accordance with 2 CFR Part 200, Subpart F (“Audit
Requirements”).
4.2 A copy of the Audited Financial Statements or a copy of the Single Audit Reporting Package, including
the associated management letter, which is compliant with 2 CFR Part 200, Subpart F, shall be forwarded
to the County, with a copy provided to the Orange County Comptroller’s Office, at both of the following
addresses:
(a) Orange County, Florida
Housing and Community Development Division
Attn: Manager
525 E. South Street
Orlando, Florida 32802-1393
Or electronic mail to: sherry.julien@ocfl.net
AND
(b) Orange County Comptroller’s Office
Finance and Accounting Department
Attn: Grants Section
P.O. Box 38, Orlando, Florida 32802
Or electronic email to: jamille.clemens@occompt.com
4.3 Audit requirements stipulate that grantees and sub-grantees that spend $1,000,000 or more during their
fiscal year in federal awards must have a single or program-specific audit conducted for that year, in
accordance with the provisions of the Federal Code 2 CFR Part 200, Subpart F. The audits must be
submitted to the Federal Audit Clearinghouse either thirty (30) days after receipt of the auditor’s report or
nine (9) months after the end of the entity’s fiscal year (FY) end date. The Federal Audit Clearinghouse
website is: https://harvester.census.gov/facweb/.
4.4 In the event the Agency is required to submit their audit (single or program-specific) to the Federal Audit
Clearinghouse, as required by 2 CFR Part 200, Subpart F, a copy of the audit will be forwarded to the
County and Comptroller’s Office, as otherwise required by this Article.
4.5 Failure to comply with this requirement shall be deemed as a breach of this Agreement and may result in
the withholding or denial of any requests for payment or reimbursement from the Agency.
ARTICLE IX – TERM AND TERMINATION
Section 1. Term. The “Term” of this Agreement begins on the date of execution by the County and terminates
five (5) years after the Project’s Completion Date (as defined in the Scope of Work) (or “Use Period”). Due to
the County’s obligations to HUD, funding availability under this Agreement shall terminate on April 9, 2030.
Section 2. Subaward Period of Performance
2.1 The “Subaward Period of Performance” is the time during which the Agency may incur obligations to carry
out the work or services authorized under this Agreement. The Agency may not invoice for any work
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completed, or services rendered, outside of the Subaward Period of Performance. This provision is
required pursuant to 2 CFR § 200.332(b)(1)(v).
2.2 The Subaward Period of Performance of this Agreement is: the date of execution by the County to June
30, 2029. If the date range provided in this provision exceeds the Period of Performance provided in the
Federal Award, the Federal Award’s Period of Performance shall prevail. The Manager of the County’s
Housing and Community Development Division may grant an extension of the Subaward Period of
Performance provided that such extension does not exceed (12) twelve months and does not extend the
Subaward Period of Performance beyond the Period of Performance provided in the Federal Award.
Section 3. Termination
3.1 The County may terminate this Agreement without cause and for convenience upon its provision of thirty
(30) days prior written notice to the Agency. The Agency may terminate this Agreement without cause
and for convenience upon its provision of forty-five (45) days prior written notice to the County. Any such
notice shall comply with the requirements set forth in Article XIV (“Notices”) and shall be effective upon
the other party’s receipt of such notice.
3.2 In the event this Agreement is terminated before the end of the Term, whether for cause or convenience,
the Agency shall reimburse the County all, or a portion, of the Subaward funds expended on the Project.
Enforcement of such requirement shall be at the sole discretion of the County.
3.3 The County may terminate or suspend this Agreement in whole or in part for cause upon no less than
twenty-four (24) hour prior written notice to the Agency. Cause shall include, but not be limited to, the
following:
(a) Unauthorized or improper use of Funds for the Project;
(b) Failure to comply with the requirements of the CDBG-DR Program or the terms and conditions of
this Agreement;
(c) Submission of incorrect or incomplete invoices, annual programmatic reports, or support
documentation to the County;
(d) Inability to perform under this Agreement for any reason, including unavailability of CDBG-DR
Program Funds to finance all or parts of the Project; or
(e) Violation of the conflict of interest or provisions of this Agreement and applicable law.
3.4 Termination or suspension of this Agreement for cause shall be upon no less than twenty-four (24) hour
notice delivered in accordance with Article XIV.
3.5 Upon notice from the County to terminate the Project, the Agency shall immediately discontinue expending
any Funds for the Project. The Agency shall not resume providing Work under the Project without written
approval from the County. Any charges or expenses incurred by the Agency without first receiving the
required written approval from the County will be the sole responsibility of the Agency.
3.6 After receipt of a notice of termination of this Agreement and except as otherwise directed, the Agency
shall:
(a) Stop working under this Agreement on the date and to extent specified in the notice of termination;
(b) Place no further orders or subcontracts for materials, services, or facilities, except as may be
necessary for completion of such portion of the work under this Agreement that is not terminated;
(c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work,
which has been terminated;
(d) Manage CDBG-DR Program properties as directed by the County;
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(e) Prepare all necessary reports and documents required under the terms of this Agreement up to the
date of termination without reimbursement for services rendered in completing said reports beyond
the termination date; and
(f) Take any other actions directed in writing by the County.
3.7 Pursuant to 2 CFR § 200.340(a)(4), the Agency may terminate this Agreement upon sending the County
written notification setting forth the reasons for such termination, the effective date, and, in the case of partial
termination, the portion to be terminated. However, in the case of partial termination, if the County determines
that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward
was made, the County may terminate the Subaward in its entirety. Additionally, the Agency’s failure to complete
performance on a Subaward in the manner initially agreed upon may compromise the Agency’s ability to receive
subawards, other grants, or any other contract opportunities from the County in the future.
Section 4. Force Majeure
4.1 Neither party shall be held responsible for any delay or failure in performance of any part of this Agreement
to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil
or military authority, pandemic, act of God, or other similar causes beyond the party’s control so long as
the delay is not caused by the party’s own fault or negligence. Notwithstanding the foregoing, the Agency
cannot claim Force Majeure under this provision for any emergency, exigency, or “Act of God” that is
specifically contemplated within the Scope of Work of this Agreement, or which in any way existed at the
time this Agreement was executed.
4.2 No other damages, fees, or costs may be assessed against the County for the County’s termination of
this Agreement pursuant to this provision. Nothing in this provision shall prevent the County from
terminating this Agreement for any purpose otherwise expressly stated in this Agreement.
ARTICLE X – REPORTING AND CLOSEOUT
Section 1. Monthly Reports
1.1 The Agency shall submit monthly reports to the Program Administrator, together with the Invoice on or
before the last day of the month following the month which work was performed.
1.2 The CDBG-DR Program’s Monthly Reports shall be submitted in accordance with the reporting
requirements, attached to this Agreement as “Exhibit F,” which shall include, but not be limited to, the
following information:
(a) Summary of current status;
(b) Summary of progress towards completion;
(c) Identification of any completed work.
(d) Total of unduplicated households benefiting from the improvements
1.3 The Program Administrator should be notified in writing of any problems, delays, or adverse conditions
which may cause a delay in the Completion Date. Any such notification should be immediately after any
of these conditions become known. A statement of action taken and any technical assistance needed to
resolve the situation shall accompany this disclosure.
Section 2. Subaward Closeout
2.1 The closeout of the Federal Award, or this Subaward, does not affect any of the following:
(a) The right of the Federal Awarding Agency or the County to disallow costs and recover funds on the
basis of a later audit or other review. The Federal Awarding Agency or County must make any cost
disallowance determination and notify the Agency within the record retention period.
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(b) The requirement for the Agency to return any funds due as a result of later refunds, corrections, or
other transactions including final indirect cost-rate adjustments.
(c) The ability of the Federal Awarding Agency to make financial adjustments to a previously closed
award such as resolving indirect cost payments and making final payments.
(d) Audit requirements in 2 CFR Part 200, Subpart F.
(e) Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part
200.
(b) Records retention as required in §§ 200.334 through 200.338 of 2 CFR Part 200.
2.2 The Subrecipient is required to provide close out documents to the County including, but not
limited to the following.
(a) Documentation reporting the grant accomplishments and expenditures, including that the
HUD national objective was met.
(b) Documentation that funds were expended in full or certification of the return of the
remaining funds.
(c) Documentation describing the resolution of any outstanding audit or monitoring issues.
(d) Duplication of benefits verification form. A final review to be completed by the subrecipient
and verified by Orange County as part of the close out process.
(e) Certification of completion from an engineer.
(f) Flood insurance documentation, where applicable.
(g) Final inspection and documentation.
•
2.3 After closeout of the Federal Award and/or this Subaward, a relationship created under the Federal Award
and/or this Subaward may be modified or ended in whole or in part with the consent of the Federal
Awarding Agency or the County and the Agency, provided the responsibilities of the Agency, including
those for property management as applicable, are considered and provisions made for continuing
responsibilities of the Agency, as appropriate.
ARTICLE XI - ASSIGNMENTS AND SUBCONTRACTS
Section 1. Assignments
1.1. The parties deem the Work to be rendered pursuant to this Agreement to be personal in nature. Each
party binds itself and its partners, successors, executors, administrators, and assigns to the other party
of this Agreement and to the partners, successors, executors, administrators, and assigns of such other
party, in respect to all covenants of this Agreement.
1.2. The Agency shall not assign, sublet, convey, or transfer any interest, right, or duty under this Agreement
without prior written consent from the County, which may be given at the County’s sole discretion. If the
Agency attempts to assign any such rights or duties without the prior written consent by the County, the
County may declare this Agreement void and the Agency thereupon agrees to remit to the County all
payments made pursuant to and for the entire term of this Agreement.
Section 2. Subcontracting
2.1 Primary roles and responsibilities of the Agency cannot be subcontracted. It is mutually agreed that any
program component that is subcontracted by the Agency must have a written contract. The Agency must
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provide written notice to the County of all subcontractors. Procurement and/or bidding of non-primary
roles and responsibilities must be awarded on a fair and non-collusive basis and must be in compliance
with all applicable Orange County, State of Florida and Federal procurement standards at 2 CFR 200.318-
327. The Agency shall not enter into a transaction with a person or affiliate placed on the Florida
Department of Management Services’ Convicted Vendor List. The Agency shall not enter into a
transaction with debarred, suspended or ineligible contractors and participants included on the Federal
Excluded Parties List, in accordance with 2 CFR 200.214. The Agency must ensure that each
subcontractor conforms to the terms and conditions of this Agreement and must be subject to
indemnification as stated in Article XIII below.
2.2 The Agency shall ensure that subcontractors, if applicable, are required to comply with the requirements
set forth in the Uniform Administrative Requirements.
2.3 The County shall retain the right to review and comment on the Agency’s solicitation plans and documents
prior to the solicitation of bids, and, if utilizing that right, the County shall approve the selected contractor
in writing prior to the Agency entering into any contract relating to the Project. The Agency shall provide
the Program Administrator a copy of all executed contracts with the selected contractors and sub-
contractors, all of which shall include a provision requiring the respective contractor or sub-contractor to
comply with the requirements of the Uniform Administrative Requirements and 2 CFR Part 200 Appendix
II.
2.4 The Program Administrator shall retain the right to review and evaluate all submittals, attend all
construction progress meetings, and be fully informed of all issues including, but not limited to, any
deletions or revisions in work resulting in a change in the Completion Date, and contract amount or scope
of work. In no event shall the Completion Date be changed or otherwise modified beyond term of this
Agreement without prior written approval by the County.
2.5 Davis-Bacon and Related Acts. Agency or Contractor shall comply with the Davis Bacon Act (40 U.S.C.
§§ 31413148) and 29 CFR Subtitle A, Parts 1, 3 and 5, as applicable, to construction, alteration, and
repair contracts over $2,000.00. Davis-Bacon and Related Acts (DBRA) Labor Standards Reports (as
applicable): When an activity triggers DBRA requirements, the Agency must report and submit information
on assigned labor compliance staff, labor compliance review processes and outcomes, bid and contract
requirements documentation, work classification and minimum prevailing wage rates, written clearance
of labor compliance issue resolutions, file maintenance plans, and payroll review plans.
The Agency will remain compliant with DBRA by including the required DBRA contract provision identified
in Appendix II to 2 CFR 200 in all federally funded contracts subject to DBRA. The Agency will conduct
the following activities to ensure DBRA compliance by conducting the following activities: Pre-Bid Tasks:
I. Designate a Labor Standards Officer (LSO) for the Project (Pre-Construction) II. Obtain Applicable Wage
Determination(s) for the Project (Pre-Construction) III. Include the appropriate Wage determination(s) in
the Bid Documents (Pre-Construction) Pre-Award Tasks: I. Ensure the Wage Rate is Current Before Bid
Opening (Pre-Construction) II. Confirm the Recommended Construction Contractor’s Eligibility Status
(Pre-Construction) At Award Tasks: I. Award the Construction Contract (Pre-Construction) II. Submit the
Labor Standards Record (Pre-Construction) Post-Start of Construction Tasks: I. Review Project Payrolls
During Construction (Post Start of Construction) II. Submit a Payroll Review Certification (Post Start of
Construction) III. Submit Construction Completion Reports—Upon completion of the construction contract,
after all the work has been completed including punch list items, a final inspection must be conducted,
and all parties must agree the work is acceptable. Additionally, the Agency will provide on-going DBRA
technical assistance to the awarded contractor or subcontractor throughout the life of the project.
2.6 Section 3 Reports (as applicable): When an activity triggers Section 3 requirements, the Agency is
required to submit data and information on Targeted Section 3 worker labor hours, Section 3 worker labor
hours, total worker labor hours, and other qualitative efforts which the Agency and their vendors took in
an attempt to reach or achieve Section 3 goals.
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2.7 County staff will be responsible for completing and submitting all Federal Funding Accounting and
Transparency Act (FFATA) reporting requirements.
2.8 All monitoring and reporting for DBRA and other aspects of this Agreement will be reviewed by the
Consultant to ensure Agency compliance.
2.9 During the construction period, the Agency shall require all tiered contractors to submit required certified
payroll via LCPTracker software.
LCPtracker LABOR COMPLIANCE REPORTING SERVICE.
LCPtracker is an internet-based service that allows for simple, accurate and compliant reporting of labor
information required by CDBG-DR. The CONTRACTOR AND ALL TIERED SUBCONTRACTORS will
subscribe free of charge to the services of LCPtracker for the submission of Certified Payroll, EEO
Reporting, Section 3 Reporting, etc.
ARTICLE XII - PROCUREMENT REQUIREMENTS
Section 1. General Requirements. The Agency shall comply with the applicable requirements set forth in 2
CFR § 200.327 (“Contract Provisions”) when performing procurement in the process of delivering Work
specified in this Agreement.
Section 2. County Procurement Requirements
2.1 When expending any funds provided to the Agency pursuant to this Agreement, the Agency must comply
with 2 CFR §§ 200.318-200.327 (“Procurement Standards”). Moreover, by executing this Agreement,
the Agency certifies that, for the purposes of using the Subaward funds, the Agency either: (a) maintains
written purchasing procedures in compliance with such Procurement Standards; or (b) does not maintain
written purchasing procedures that are compliant with such Procurement Standards and therefore agrees
to use the County’s purchasing procedures, which can be found at this link:
https://www.orangecountyfl.net/VendorServices.aspx .
2.2 The Agency shall maintain an inventory of all property purchased or acquired with CDBG-DR Program
Funds. “Property” shall mean all non-expendable, tangible property with a value of at least $1,000 (One
Thousand Dollars) and a life expectancy of at least one (1) year. This inventory shall be made available
to the County at any time, upon request, during the term of this Agreement and shall contain a description,
serial number and quantity of each property item, verification of the existence and continued use of the
property and, if applicable, the continued need for such property. The Agency assumes sole responsibility
for insuring, and assumes all risk of damage or loss to, all property in the Agency’s care, custody or control
purchased or acquired with CDBG-DR Program Funds.
2.3 The Agency will immediately report lost or stolen property to the County. The Agency will also report stolen
property to the local law enforcement agency and submit a copy of the associated police report to the
County. Upon receipt or return of the property, the Agency will submit a report to the County listing the
item received or returned as well as a description, serial number and quantity.
2.4 Upon termination of this Agreement, the County shall assume custody of all property purchased or
acquired with CDBG-DR Program Funds, pursuant to the requirements of 2 CFR § 200.310 to 2 CFR §
200.316 (“Property Standards”). At the County’s discretion, the County may allow the Agency to retain
property purchased with CDBG-DR Program Funds if such property is needed to continue performing
Work for low-income persons such as those provided for under this Agreement. The Agency shall obtain
written permission from the Manager to continue using the property purchased with CDBG-DR Funds
beyond the termination of this Agreement.
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ARTICLE XIII – INDEMNIFICATION, SAFETY, AND INSURANCE REQUIREMENTS
Section 1. Indemnification. To the fullest extent permitted by law, the Agency shall defend, indemnify, and
hold harmless the County, as Grantee, the County’s officials, agents, and employees from and against any and
all claims, suits, judgments, demands, liabilities, damages, costs and expenses (including attorney’s fees) of
any kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by any act or
omission of the Agency or the Agency’s sub-consultants or providers (if any), anyone directly or indirectly
employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions
arising out of the sole negligence of the County. In the event the Agency is a State department or division, or a
political subdivision of the State of Florida, indemnification shall follow the provisions of Section 768.28, Florida
Statutes. Nothing contained herein shall constitute a waiver by the County of its sovereign immunity or the
provisions of Section 768.28, Florida Statutes.
Section 2. Protection of Persons and Property. While working or performing Work at County facilities, the
Agency shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the performance of this Agreement.
2.1 The Agency shall take all reasonable precautions for the safety and protection of:
(a) All employees and all persons whom the Agency suffers to be on the premises and other persons
who may be affected thereby;
(b) All property, materials, and equipment on the premises under the care, custody or control of the
Agency; and
(c) Other property at or surrounding the premises including trees, shrubs, lawns, walks, pavement, and
roadways.
2.2 The Agency agrees that the County does not guarantee the security of any equipment or personal property
brought by the Agency, the Agency’s agents or employees, onto the County property and that the County
shall in no way be liable for damage, destruction, theft of loss of any equipment and appurtenances
regardless of the reason for such damage, destruction, theft or loss.
2.3 The Agency shall comply with, and shall ensure that its contractors comply with, all applicable safety laws
or ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of
persons or property for their protection from damage, injury or loss. This includes, but is not limited to, the
following:
(a) Occupational Safety & Health Act (OSHA)
(b) National Institute for Occupational Safety & Health (NIOSH)
(c) National Fire Protection Association (NFPA)
The Agency must also comply with the guidelines set forth in the Orange County Safety & Health Manual.
The manual can be accessed online at the address below:
http://www.ocfl.net/VendorServices/OrangeCountySafetyandHealthManual.aspx
2.4 In any emergency affecting the safety of persons or property, the Agency will act with reasonable care
and discretion to prevent any threatened damage, injury or loss.
Section 3. Insurance
3.1 The Agency agrees to maintain, on a primary basis and at the Agency’s sole expense, at all times
throughout the duration of this Agreement the following types of insurance coverage with limits and on
forms (including endorsements) as described herein. These requirements, as well as the County’s review
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and acceptance of insurance maintained by the Agency, are not intended to and shall not in any manner
limit or qualify the liabilities assumed by the Agency under this Agreement. The Agency is required to
maintain any coverage required by federal and state workers’ compensation or financial responsibility
laws including, but not limited to, Chapters 324 and 440, Florida Statutes, as may be amended from time
to time.
3.2 The Agency shall require and ensure that each of the Agency’s contractors and sub-vendors/sub-
contractors, consultants providing Work hereunder (if any) procures and maintains, until the completion
of their respective Work, insurance of the types and to the limits necessary to protect the Agency and the
County against any loss or claim resulting from the activities contemplated under this Agreement.
3.3 Insurance carriers providing coverage required herein must be licensed to conduct business in the State
of Florida and must possess a current A.M. Best’s Financial Strength Rating of A-Class VIII or better.
(Note: State licenses can be checked via www.floir.com/companysearch and A.M. Best’s Ratings are
available at www.ambest.com.)
3.4 Required Coverage:
(a) Commercial General Liability – The Agency shall maintain coverage issued on the most recent
version of the ISO form as filed for use in Florida, or its equivalent, with a limit liability of not less
than $1,000,000 (One Million Dollars), per occurrence. The Agency further agrees that coverage
shall not contain any endorsement(s) excluding or limiting Product/Completed Operations,
Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply
separately to this Agreement or shall be at least twice the required occurrence limit.
Required Endorsements:
Additional Insured – CG 20 26 or CG 20 10/CG 20 37 or their equivalents.
Waiver of Transfer of Rights of Recovery – CG 24 04 or its equivalent.
(b) Sexual abuse and molestation coverage with limits of not less than $100,000 (One-Hundred
Thousand Dollars) per occurrence shall also be included for any Agency or provider that provides
services directly to minors. In the event the Agency is a political subdivision of the State of Florida,
permission is hereby granted for the Agency to self-insure its liabilities to the limits specified by law
including, but not limited to, Section 768.28, Florida Statutes.
(c) Workers’ Compensation – The Agency shall maintain coverage for its employees in accordance
with statutory workers’ compensation limits and no less than $100,000 (One-Hundred Thousand
Dollars) per each incident of bodily injury or disease for Employers’ Liability. Elective exemptions,
as defined in Chapter 44, Florida Statutes, will be considered on a case-by-case basis. Any Agency
using an employee leasing company will complete the Leased Employee Affidavit, a copy of which
is attached hereto and incorporated by this reference as Exhibit H.
Required Endorsements:
Waiver of Right to Recovery from Others – WC 00 03 13 or its equivalent
(d) Fidelity & Employee Dishonesty – The Agency shall maintain fidelity/employee dishonesty
coverage with a limit of not less than the CDBG-DR Funds awarded for the Project.
(e) All-Risk Property Coverage – The Agency shall provide the equivalent insurance coverage for real
property and equipment acquired or improved with Federal funds as provided to other property
owned by the Agency.
(f) Flood Insurance – The Agency agrees that if any portion of the Project is located in a special flood
hazard area as identified by the Federal Emergency Management Agency, flood insurance will be
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purchased either through the National Flood Insurance Program or other commercially available
insurance to cover all assets acquired or improved with Federal funds.
3.5 By entering into this Agreement, the Agency agrees to provide a waiver of subrogation or a waiver of
transfer of rights of recovery, in favor of the County, for the general liability policies as required herein.
Sample documents have been attached to this Agreement as Exhibits J, K, and L, but the Agency shall
provide the Agency’s own original forms as provided by the Agency’s insurer. When required by the
insurer, or should a policy condition permit the Agency to enter into a pre-loss agreement to waive
subrogation without an endorsement, then the Agency agrees to notify the insurer and request the policy
be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights to Recovery Against Others
endorsement.
3.6 Prior to the execution and commencement of any operations/services provided under this Agreement, the
Agency shall provide the County with current certificates of insurance evidencing all required coverage.
In addition to the certificate(s) of insurance, the Agency shall also provide endorsements for each policy
as specified above. Blanket endorsements will be accepted as long as the entire endorsement is
submitted, and the policy number appears at the top of the first page. All specific policy endorsements
shall be in the name of Orange County, Florida.
3.7 For continuing service contracts, renewal certificates shall be submitted immediately upon request by
either the County or the County’s contracted certificates compliance management firm. The certificates
shall clearly indicate that the Agency has obtained insurance of the type, amount, and classification as
required for strict compliance with this insurance section.
3.8 The Agency shall notify the County, not less than thirty (30) business days (ten (10) business days for
non-payment of premium) of any cancellation or non-renewal of insurance coverage. The Agency shall
provide evidence of replacement coverage to maintain compliance with the aforementioned insurance
requirements to the County or its certificates management representative five (5) business days prior to
the effective date of the replacement policies.
The certificate holder shall read:
Orange County, Florida
c/o Housing and Community Development Division
525 E. South Street
Orlando, Florida 32801
3.9 State Agencies or Subdivisions. If the Subrecipient is a “state agency or subdivision” (as defined by
Section 768.28(2), Florida Statutes) and is self-insured:
(a) Paragraphs 3.1 – 3.8 of this Article are not applicable to the Subrecipient. However, such
paragraphs do apply to any of the Subrecipient’s subcontractors that are not agencies or political
subdivisions of the State of Florida and must be included by the Subrecipient in any such
subcontracts.
(b) Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the
Subrecipient may self-insure its liability with coverage limits of $200,000 per person and $300,000
per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A
statement of self-insurance shall be provided to the County’s Risk Management Division at the
address in Paragraph 3.8 of this Article.
Section 4. Vulnerable Persons
4.1 If the Work to be provided in the Scope of Work attached to this Agreement as “Exhibit C” involve
“vulnerable persons” as defined in Section 435.02(6), Florida Statutes, then the Agency’s employees,
including its volunteers or any associates or agents of the Agency, that are contributing to the delivery of
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that Work, or who will come into contact with such vulnerable persons in any way, must undergo a
background screening that complies with Section 435.04 (Level 2 screening standards), Florida Statutes.
Additionally, the Agency agrees that it shall pass down this obligation to its subcontractors (if any).
4.2 This screening shall:
(a) Be completed at no cost to the County;
(b) Be completed prior to the employee/volunteer beginning work pursuant to this Agreement;
(c) Be repeated at five (5) year intervals for the duration of this Agreement and any amendment hereto;
(d) Consist of an employment history check; and
(e) Include fingerprinting that will be checked against the following databases: (1) Statewide Criminal
and Juvenile Justice Records through the Florida Department of Law Enforcement (FDLE); (2)
Federal Criminal Records through the Federal Bureau of Investigation (FBI); and (3) Local Criminal
Records through local law enforcement agencies.
4.3 If applicable, the Agency shall provide the Manager of the County’s Housing and Community Development
Division, or their designee, confirmation that the aforementioned screenings have been conducted and
that the employee(s) providing Work are acceptable to use in the Agency’s provision of Work to, or
engagement with, such vulnerable persons.
4.4 The County may request to review the actual screenings and determine whether a particular employee or
volunteer may be utilized by the Agency in completing its obligations under this Agreement.
4.5 Any failure by the County to request to review the actual screenings of any employee shall not relieve the
Agency of its liability and obligations under this Agreement, nor shall it place any liability on the County
regarding the determination as to the eligibility or acceptability of any of the Agency’s employees to
provide Work or to engage with any vulnerable person.
Section 5. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is
intended or should be construed as creating or establishing the relationship of copartners between the parties,
or as constituting the Agency as the agent, representative, or employee of the County for any purpose or in any
manner whatsoever. The Agency is to be, and shall remain, an independent contractor with respect to all Work
performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this
Agreement shall be considered to be the employee of the Agency for all purposes, including but not limited to
for any worker’s compensation matters.
Section 6. Environmental Indemnification. The Agency shall defend, indemnify and hold harmless the
County (and the County’s officials, agents, and employees) from any claim arising from, or in any way related
to, the environmental condition of the property to be used for the Project, including, but not limited to, the cost
of investigating, defending, and/or negotiating to a satisfactory conclusion claims made by environmental
regulatory agencies, as well as all cleanup and property maintenance requirements imposed by any agency
with lawful jurisdiction over the Project and associated property. This indemnification shall run from the time of
initial discovery of any such adverse environmental condition and is not to be construed to commence only upon
realization by the County of an actual pecuniary loss as a result of such adverse environmental condition. The
existence of this indemnification shall not be construed as an indicia of ownership, management, or control of
the Project by the County, and the County hereby recognizes and acknowledges that the County is not an owner
or manager of the Project and does not exert any control thereupon. Notwithstanding anything herein to the
contrary, this indemnification provision shall survive the termination of this Agreement.
Section 7.Bonds: The Agency will comply with bonding requirements set forth in Section 255.05, Florida
Statutes and 2 CFR § 200.326 with regard to the project funded under this Agreement.
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ARTICLE XIV - NOTICES
All notices permitted or required shall be deemed validly given if sent by hand-delivery or mailed, return receipt
requested, or by carrier or by overnight delivery addressed as follows:
As to County: Orange County Housing and Community Development Division
Attention: Manager
525 East South Street, Orlando, FL 32801
With Copy to: Orange County Administration
Attention: Infrastructure, Community, and Development Services
Administration Building, 5th Floor
201 S. Rosalind Avenue, Orlando, FL 32801
As to Agency: Rusty Johnson, City Mayor
City of Ocoee
1 N Bluford Ave,.
Ocoee, FL 34761
ARTICLE XV - GENERAL TERMS AND CONDITIONS
Section 1. Religious and Political Activities. The Agency is prohibited from using Funds provided for herein
or personnel employed in the administration of the CDBG-DR Program for sectarian or religious activities,
lobbying, or political patronage activities. The Agency further agrees 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, United States Code (“Hatch Act”), 24 CFR § 570.207(a)(3).
Section 2. Anti-Lobbying Provision. The Agency agrees that no federally appropriated funds will be used
by the Agency, or on behalf of the Agency, to any person for influencing, or attempting to influence an officer or
employee of any agency, a member of the United States Congress, an officer or employee of the United States
Congress, or any employee of a member of the United States 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. The Agency shall comply with the requirements set forth in 31
USC § 1352 and implementing regulations at 24 CFR Part 87. The Agency shall execute and comply with the
Certification Regarding Lobbying attached as “Exhibit I.” A copy of this form shall be kept in the files of both
parties to this Agreement. In the event that the Agency has already paid or will pay any person for influencing,
or attempting to influence an officer or employee of any agency, a member of the United States Congress, an
employee or officer of the United States Congress, or an employee of a member of the United States Congress
in connection with this federal grant, the Agency shall confirm that payment was not or shall not be paid with
any federally appropriated funds and shall complete and submit a Standard Form LLL (“Disclosure Form to
Report Lobbying”) in accordance with its instructions.
Section 3. Non-Discrimination. The Agency shall not, on the grounds of race, color, religion, national origin
or sex, exclude any person from participation in, or deny any persons the benefits of, or subject any person to
discrimination, with respect to any part of the operation of the Project or performance of Work related thereto.
The Agency shall comply with 42 USC § 5301, et seq.; 42 USC § 6101; 29 USC § 794; 24 CFR §570.602; and
24 CFR Part 6. The Agency shall comply with Title VI of the Civil Rights Act of 1964 (42 USC § 2000d, et seq.)
and implementing regulations in 24 CFR Part 1. The Agency shall not discriminate on the basis of age under
the Age Discrimination Act of 1975 (42 USC § 6101, et. seq.) and the implementing regulations contained in 24
CFR Part 146, or on the basis of disability as provided in Section 504 of the Rehabilitation Act of 1973, and the
implementing regulations contained in 24 CFR Part 8. Any contracts entered into by the Agency shall include a
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provision for compliance with these regulations. The Agency shall keep records and documentation
demonstrating compliance with these regulations.
Section 4. Resident Aliens. The Agency agrees to comply with the requirements set forth in 24 CFR §
570.613 regarding eligibility restrictions for certain resident aliens.
Section 5. Debarment and Suspension. The Agency acknowledges and understands that the regulations at
2 CFR Part 180 (“OMB Guidelines to Agencies on Governmentwide Debarment And Suspension”)
specifically prohibit the County from entering into a “Covered Transaction,” as defined in 2 CFR § 180.200,
with a party listed on the System for Award Management (“SAM”) Exclusions list.
5.1 By executing this Agreement, the Agency hereby certifies that:
(a) It does not appear on the SAM Exclusions list;
(b) It shall maintain an active registration with SAM for the entire Term of this Agreement; and
(c) It shall notify the County within five (5) business days if is added to the SAM Exclusions list, or
should its status under the SAM system change in any way, during the Term of this Agreement.
5.2 The Agency shall comply with 2 CFR Part 180, Subpart C and shall include a requirement to comply with
these regulations in any lower tier covered transaction it enters into.
5.3 The County reserves the right to institute additional restrictions and conditions to this Agreement,
terminate this Agreement, and pursue any other remedy available under local, state, and federal law,
should the Agency: (a) be found to have misrepresented its SAM system status in any manner; or (b) fail
to notify the County of any change in its status under the SAM system.
5.4 By executing this Agreement, the Agency certifies it complies with the terms of this Article and 2 CFR Part
180, Subpart C (“Responsibilities of Participants Regarding Transactions Doing Business with
Other Persons”). This certification is a material representation of fact relied upon by the County. If it is
later determined that the Agency fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies
available to the County, the Federal Government may pursue available remedies, including but not limited
to, suspension or debarment.
Section 6. Conflict of Interest. In the procurement of supplies, equipment and services, the Agency shall
comply with the conflict statement rules in 2 CFR Part 200. The Agency shall comply with the conflict-of-interest
provisions contained in 24 CFR § 570.611 for those cases not governed by 2 CFR Part 200. This rule states
that no officer or employee of the County or its designees or agents or consultants, no member of the Board,
and no other public official who exercises or has exercised any functions or responsibilities with respect to
activities assisted with CDBG-DR Funds or who is in the position to participate in decision-making process or
gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-
DR-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for themselves or those with whom they have family or business ties, during their
tenure and for one (1) year thereafter. The Agency shall also keep records supporting its requests for waivers
of conflicts.
Section 7. Gifts. The Agency has an obligation to avoid or monitor gifts to the Agency that may create a
potential conflict of interest or may create an appearance of a conflict.
Section 8. Unlawful Compensation. The Agency shall comply with all requirements regarding procurement
issues as set forth in Chapter 287, Florida Statutes. Failure to comply with such requirements may result in
immediate termination of this Agreement and any other remedies available by law.
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Section 9. Scrutinized Companies
9.1 By executing this Agreement, the Agency certifies that it is eligible to bid on, submit a proposal for, or
enter into or renew a contract with the County for goods or services pursuant to Section 287.135, Florida
Statutes. Specifically, by executing this Agreement, the Subrecipient certifies that it is not on the
Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,
and that it is not engaged in a boycott of Israel.
9.2 Additionally, if this Agreement is for an amount of one million dollars ($1,000,000) or more, by executing
this Agreement, the Subrecipient certifies that it is not: (a) on the “Scrutinized Companies with Activities
in Sudan List” or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,”
created pursuant to Section 215.473, Florida Statutes; or (b) engaged in business operations in Cuba or
Syria.
9.3 The County reserves the right to terminate this Agreement immediately should the Subrecipient be found
to: (a) have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a
contract with the County for goods or services pursuant to Section 287.135, Florida Statutes; or (b) have
become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the County for
goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement
with the County.
9.4 If this Agreement is terminated by the County as provided in subparagraph 9.3(a) above, the County
reserves the right to pursue any and all available legal remedies against the Subrecipient, including but
not limited to the remedies as described in Section 287.135, Florida Statutes. If this Agreement is
terminated by the County as provided in subparagraph 9.3(b) above, the Subrecipient shall be paid only
for the funding-applicable work completed as of the date of the County’s termination. Unless explicitly
stated in this Section, no other damages, fees, or costs may be assessed against the County for its
termination of the Agreement pursuant to this Section.
Section 10. Prohibition of Use of Excessive Force. The Agency accepts and acknowledges the County’s
“Certification Regarding Policy Prohibiting Use of Excessive Force” attached hereto and incorporated by this
reference as “Exhibit N.”
Section 11. Environmental Review Requirements. The Agency shall provide information to the County
regarding environmental assessments and remediation. The Agency shall submit to the County any changes
to the original proposed scope of work, or any changes in the cost of the work, so that the County may evaluate
this new information and conduct any further environmental review. This information shall be submitted to the
County for approval at least thirty (30) days prior to the commencement of construction. The Agency agrees to
assist the County in addressing any environmental issues that may arise during the County’s review process.
No construction activities shall begin on the Project until an environmental review has been completed and
approved by HUD, the Authorization to Use Grant Funds has been obtained and a formal Notice to Proceed
(NTP) has been issued. Once an NTP is issued and construction commences, the County must be notified of
any revisions to the scope of work, as such changes may require an additional environmental review (ER). If
an additional ER is necessary, the County will issue a stop work order until the ER for the revised scope of work
is approved by HUD.
Engineering and design services may commence prior to the approval of the environmental review. To avoid
the disqualification of a project, no choice-limiting actions may be performed prior to the Agency having obtained
environmental clearance for the project. The Agency is prohibited from undertaking or committing any funds on
choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair,
construction, or leasing or disposition prior to the executed Authority to Use Grant Funds (HUD 7015.16) form
or equivalent letter having been received. Additionally, entering a contract that obligates the Agency to any of
the above activities constitutes a choice-limiting action and puts the fundability of the project at risk. Prior to
issuance of a Notice to Proceed, the Agency shall complete all items required on “Exhibit R” Conditional Grant
Requirements.
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Section 12. Intentionally omitted.
Section 13. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
13.1 The Agency is prohibited from obligating or expending any portion of the Subaward funds to procure or
obtain, extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a
contract) to procure or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
13.2 For the purpose of public safety, security of government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications
equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
Telecommunications or video surveillance services provided by such entities or using such equipment.
Telecommunications or video surveillance equipment or services produced or provided by an entity that
the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of
the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
Section 14. Public Entity Crimes
14.1 By executing this Agreement, the Agency hereby certifies that neither the Agency, nor one or more of
Agency’s officers, directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the Agency, nor any affiliate of the Agency, has been charged with and
convicted of public entity crime subsequent to July 1, 1989. The Agency additionally certifies that the
Agency has not been placed on any convicted vendor list by the State of Florida and that it will not utilize
any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on
any such convicted vendor list. For the purposes of this provision, the terms “public entity crime,”
“convicted,” and “affiliate,” are as defined in Section 287.133, Florida Statutes.
Section 15. Employment Eligibility.
15.1 By executing this Agreement, the Agency hereby certifies that, pursuant to Section 448.095, Florida
Statutes, the Agency is registered with and will use the E-Verify system to verify authorization status of
all newly hired employees.
15.2 Additionally, should the Agency enter into a subcontract utilizing any portion of the Subaward funds
provided pursuant to this Agreement, the Agency shall require that such subcontractor provide the Agency
with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. The Agency shall maintain a copy of such subcontractor’s affidavit in compliance with
the records retention terms of this Agreement.
15.3 The Subcontract hereby acknowledges that if the County has a good faith belief that the Agency has
knowingly violated Section 448.09(1), Florida Statutes, then the County is obligated to terminate this
Agreement with the Agency pursuant to Section 448.095(5)(c)1., Florida Statutes.
15.4 If the County terminates this Agreement for the foregoing reason, the Agency will not be awarded a public
contract for at least one (1) year after the date on which this Agreement was terminated, and the Agency
will be liable for any additional costs incurred by the County as a result of the termination of this
Agreement.
Section 16. Mandatory Disclosure
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In accordance with 2 CFR § 200.113, the Agency will promptly disclose whenever, in connection with the
Federal Award or this Subaward, the Agency has credible evidence of the commission of a violation of Federal
criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United
States Code or a violation of the civil False Claims Act (31 U.S.C. 3729-3733). This disclosure must be made
in writing to HUD, HUD’s Office of the Inspector General, and the County. The Agency will also report matters
related to recipient integrity and performance in accordance with 2 CFR Part 200, Appendix II. Failure to make
required disclosures can result in the “Remedies for Noncompliance” described in 2 CFR § 200.339 including,
but not limited to, withholding payments, disallowing costs, suspension or debarment, and suspension or
termination of this Agreement.
Section 17. Whistleblower Protections
17.1. In accordance with 2 CFR § 200.217, the Agency may not discharge, demote, or otherwise discriminate
against an employee as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41
U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement
of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal
contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a Federal contract (including the competition for or negotiation of a contract) or
grant.
17.2. The Agency shall inform the Agency’s employees in writing of employee whistleblower rights and
protections under 41 U.S.C. § 4712.
ARTICLE XVI - MISCELLANEOUS
Section 1. Attorneys’ Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall
each bear their own costs, expert fees, attorneys’ fees, and other fees incurred in connection with this
Agreement and any action or proceeding arising out of or relating to this Agreement (an “Action”).
Section 2. Conflicts. The Agency shall comply with all applicable local, state, and federal laws, regulations,
executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there
be conflict between the various applicable laws and this Agreement, the most restrictive shall govern.
Section 3. Construction and Representations. Each party acknowledges that it has had the opportunity to
be represented by counsel of such party’s choice with respect to this Agreement. In view of the foregoing, and
notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be
deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or
interpreted against the drafting party. Neither party has relied upon any representations or statements made by
the other party to this Agreement which are not specifically set forth in this Agreement.
Section 4. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in
any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall
constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of
signature pages to the other parties at electronic mail addresses as designated by the parties, and delivery shall
be effective and complete upon completion of such transmission; manually signed copies of signature pages
shall nonetheless be delivered promptly after any such electronic delivery.
Section 5. Governing Law. This Agreement shall be considered as having been entered into in the State of
Florida, United States of America, and shall be construed and interpreted in accordance with the laws of that
state.
Section 6. Headings. The headings or captions of articles, sections, or subsections used in this Agreement,
including the Table of Contents, are for convenience of reference only and are not intended to define or limit
Page 28 of 58
their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this
Agreement.
Section 7. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable
law, any right that party does or might have to a trial by jury related to any Action.
Section 8. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of
any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further
exercise thereof.
Section 9. Severability. The provisions of this Agreement are declared by the parties to be severable.
However, the material provisions of this Agreement are dependent upon one another, and such
interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any
material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court
of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may
demand that the parties negotiate such reasonable alternate contract language or provisions as may be
necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the
loss of protection or benefit resulting from holding.
Section 10. Signatory. Each signatory below represents and warrants that he or she has full power and is duly
authorized by their respective party to enter into and perform under this Agreement. Such signatory also
represents that he or she has fully reviewed and understands the above conditions and intends to fully abide
by the conditions and terms of this Agreement as stated.
Section 11. Survivorship. Those provisions which by their nature are intended to survive the expiration,
cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public
records provisions, shall survive the expiration, cancellation, or termination of this Agreement.
Section 12. Use of County and Agency Logos. The Agency may not use of any the County’s emblems, logos,
or identifiers without written permission from the County. For more information about the use of the County’s
logos, refer to Section 2-3, Orange County Code.
Section 13. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state
court of competent jurisdiction sitting in Orange County, Florida, regarding any Action, and further agrees that
any such Action shall be heard and determined in such Florida federal or state court. Each party hereby
irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the
maintenance of any Action in Orange County, Florida.
Section 14. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or
remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy,
be held to be an abandonment thereof, or preclude such party from the exercise thereof at any time during the
continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of
any subsequent event of violation.
Section 15. Written Modification
16.1 No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced
to writing and is signed by a duly authorized representative of each party to this Agreement.
16.2 Amendments to this Agreement that do not require approval by the Board of County Commissioners
(BCC), such as budget line-item transfers, personnel changes, and removal of special conditions, must
be submitted to the Program Administrator no later than ten (10) days prior to the Project’s Completion
Date set forth in Article III. Amendments that require approval by the BCC must be submitted to the
Program Administrator no later than sixty (60) days prior to the Project’s Completion Date. All
Page 29 of 58
amendment requests must be submitted in writing on the Agency’s letterhead and include an
explanation as to why an amendment is being requested.
Section 16. Entire Agreement. This written agreement and its exhibits constitute the entire agreement
between the parties and shall supersede and replace all prior agreements or understandings, written or oral,
relating to the matters set forth herein. Any changes to this Agreement shall be made in writing and approved
by both parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
ORANGE COUNTY SIGNATURE PAGE
Page 30 of 58
“Warning: Any person who 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. §§ 3729–3733.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth
below.
ORANGE COUNTY, FLORIDA
BY: Orange County Board of County Commissioners
BY: ___________________________________
Jerry L. Demings
Orange County Mayor
Date:____________________________________
ATTEST:
Phil Diamond, CPA, Orange County Comptroller
As Clerk of the Board of County Commissioners
BY: ________________________________
Deputy Clerk
Date: _________________________________
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[REMAINING SIGNATURES ON THE FOLLOWING PAGES]
SUBRECIPIENT SIGNATURE PAGE
Page 31 of 58
BY: CITY OF OCOEE
Signature Signature
Printed Name Printed Name
Official Capacity Official Capacity
Date Date
NOTARY:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged
before me by means of ☐ physical presence, or ☐ online notarization, this _____ day of
__________, 20___, by ___________________, in
their official capacity as _____________________
for the Agency.
☐ Personally Known; OR ☐ Produced Identification.
Type of identification
produced:_____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION
REQUIREMENT OF FLA. STAT. §117.05]
________________________________________
Notary Public
My Commission Expires:
________________________________________
(Printed, typed or stamped commissioned
name of Notary Public)
NOTARY:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before
me by means of ☐ physical presence, or ☐ online notarization, this _____ day of
__________, 20___, by ___________________, in
their official capacity as the Board Chair or
Authorized Representative for the Agency.
☐ Personally Known; OR ☐ Produced Identification.
Type of identification
produced:_____________________________.
[CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION
REQUIREMENT OF FLA. STAT. §117.05]
________________________________________
Notary Public
My Commission Expires:
________________________________________
(Printed, typed or stamped commissioned
name of Notary Public)
EXHIBIT A
APPLICABLE FEDERAL LAWS
Page 32 of 58
The parties shall comply with the following laws and regulations in the performance of this Agreement:
1. Employment Opportunities for Businesses and Lower-Income People (24 CFR Part 75) ensuring that economic
opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to
low- and very low-income persons, particularly those who are recipients of government assistance for housing or
residents of the community in which the Federal assistance is spent. See: “Exhibit O,” for the Section 3 Clause
of this Agreement.
2. Civil Rights Act of 1964, Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of
1968, as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504
of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063.
3. Flood Disaster Protection Act of 1973 (Pt. 93-2234) for compliance in regard to the sale, lease, or other transfer
of land acquired, cleared or improved under the terms of this Agreement.
4. Lead-based paint remediation and disclosure. 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 in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to the activities performed under this
Agreement. These regulations require notification to all owners, prospective owners; tenants of properties
constructed prior to 1978 of hazards of lead-based paint and explain symptoms, treatment and precautions that
should be taken when dealing with lead-based paint poisoning.
5. Equal participation of faith-based organizations. The HUD program requirements in 24 CFR § 5.109 apply to the
activities performed under this program, including the requirements regarding disposition and change in use of
real property by a faith-based organization.
6. Debarred, suspended or ineligible contractors, 2 CFR part 200.213 and 2 CFR part 200 Appendix II.
7. Clean Air Act, as amended (42 USC §§ 7401--7671q.)
8. Water Pollution Control Act, as amended, 33 USC 1251, and et. seq., as amended 1318 relating to the inspection,
monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there under.
9. HUD Environmental Procedures (24 CFR, Part 58), Environmental Protection Agency Regulations pursuant to 40
CFR, Part 50, as amended and National Environmental Policy Act of 1969.
10. Labor Standards (29 CFR Parts 5 subpart A) pertaining to contracts and applicable requirements of the regulations
of the Department of Labor.
11. Drug Free Workplace Act of 1988.
12. Public Law 101-144, Section 519: The 1990 HUD Appropriation Act
13. National Historic Preservation Act of 1966, as amended (Public Law 102-575).
14. Minority and Women Business Opportunities to afford minority and women-owned businesses the opportunity to
participate in the performance of this Agreement. See 2 CFR § 200.321.
15. Fair Housing Act (42 U.S.C. § 3601, et. seq.) and implementing regulations at 24 CFR Part 100;; and their
implementing regulations in 24 CFR Part 107 and shall keep all records demonstrating said compliance.
EXHIBIT A
APPLICABLE FEDERAL LAWS
Page 33 of 58
16. Compliance with Davis-Bacon Act. The Agency shall comply, and shall require its contractors and sub-contractors
to comply, with 24 CFR §570.603, and the requirements of the Secretary of Labor in accordance with the Davis-
Bacon Act (40 U.S.C. §276(a) to (a-7)), as amended, and as supplemented by Department of Labor regulation 29
CFR Parts 1 and 5. And 2 CFR § 200, Appendix II (D) (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-
II/part-200/appendix-Appendix%20II%20to%20Part%20200 Any construction contracts entered into by the
Agency shall include a provision for compliance with the Davis-Bacon Act and supporting Department of Labor
regulations. The Agency shall maintain documentation and records that demonstrate compliance with these
regulations, including contract provisions and payroll records. Such documentation shall be provided to the County
upon demand for the same.
17. Copeland “Anti-Kickback” Act. The Agency and its contractors and subcontractors shall comply with the Copeland
“Anti-Kickback” Act (18 U.S.C. §874) as supplemented by the Department of Labor regulations contained in 29
CFR Part 3. Any construction contracts entered into by the Agency shall include a provision for compliance with
these regulations. The Agency shall maintain documentation and records which demonstrate compliance with
these regulations. Such documentation shall be provided to the County upon request for the same.
18. Contract Work Hours and Safety Standards Act. The Agency agrees, for construction contracts in excess of
$100,000 to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333), as
supplemented by the Department of Labor regulations contained in 29 CFR Part 5. Any construction contracts
entered into by the Agency shall include a provision for compliance with these regulations. The Agency shall
maintain documentation and records which demonstrate compliance with these regulations. Such documentation
shall be provided to the County upon request for the same.
19. Handicapped Accessibility Requirements. The Agency shall design and construct the Project so that it is
accessible to and usable by individuals with handicaps, in compliance with the Architectural Barriers Act of 1968
(42 U.S.C. §§4151-4157); the Uniform Federal Accessibility Standards, as set forth in 24 CFR §570.614; and the
Americans with Disabilities Act of 1990 (42 U.S.C. §12131, et seq.). The Agency shall keep records demonstrating
compliance with these regulations.
20. Rights to Inventions Made Under this Agreement. If the Federal Award and/or this Agreement meet the definition
of “funding agreement” under 37 CFR §401.2(a), and the Agency is a small business firm or nonprofit organization,
then the County shall comply with the requirements of 37 CFR §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 Federal Agency.
21. Displacement, Relocation, Acquisition and Replacement of Housing. The Agency shall comply with 24 CFR §
570.606 and provide relocation assistance to displaced persons that are displaced as a direct result of acquisition,
rehabilitation, demolition, or conversions for a CDBG-DR-assisted project. The Agency shall keep all records
demonstrating compliance with these requirements including, but not limited to, those records required in 24 CFR
§ 570.606.
22. The National Environmental Policy Act of 1969 (NEPA). Additionally, 24 CFR 58.22 prohibits committing or
spending HUD or non-HUD funds on any activity that could have an adverse environmental impact or limit the
choice of reasonable alternatives prior to completion of an environment review once a project has Federal funding,
in full or in part. This prohibition on "choice-limiting actions" prohibits physical activity, including acquisition,
rehabilitation, and construction, as well as contracting for or committing to any of these actions, prior to completion
of the environmental review. Awarded activities must have completed an environmental review to demonstrate
compliance with NEPA, as well as 24 CFR 58.
23. The relevant provisions of 2 CFR Part 200 may be found at the following link:
https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II. These provisions apply, except as set
forth in 24 CFR § 570.502. Such relevant provisions include, but are not limited to:
- 2 CFR § 200.328 (“Financial reporting”)
- 2 CFR § 200.329 (“Monitoring and reporting program performance”)
EXHIBIT A
APPLICABLE FEDERAL LAWS
Page 34 of 58
- 2 CFR § 200.332 (“Requirements for pass through entities”)
- 2 CFR § 200.334 (“Retention requirements for records”)
- 2 CFR § 200.337 (“Access to records”)
- 2 CFR § 200.338 (“Restrictions on public access to records”)
- 2 CFR § 200.339 (“Remedies for noncompliance”)
- 2 CFR § 200.340 (“Termination”)
- 2 CFR § 200.341 (“Notification of termination requirement”)
- 2 CFR § 200.342 (“Opportunities to object, hearings and appeals”)
- 2 CFR § 200.343 (“Effects of suspension and termination”)
- 2 CFR § 200.345 (“Post-closeout adjustments and continuing responsibilities”)
- 2 CFR § 200.346 (“Collection of amounts due”)
EXHIBIT B
PROJECT BUDGET
Page 35 of 58
CITY OF OCOEE
ROPER PKWY AND CAPITOL COURT DRAINAGE IMPROVEMENT PROJECT
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR)
Direct Costs Total Cost
General construction activities associated
with drainage improvements to improve the
flood resiliency of the communities located in
the western portion of the Lake Lotta Basin
Construction Services
Contingency
$463,449.58
$23,177.42
TOTAL BUDGET $486,627.00
FUNDING ELIGIBLE ACTIVITIES: As further described in the Scope of Work found in “Exhibit C”.
EXHIBIT C
SCOPE OF WORK
Page 36 of 58
CITY OF OCOEE
ROPER PKWY AND CAPITOL COURT DRAINAGE IMPROVEMENT PROJECT
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR)
The proposed Project consists of drainage improvements to improve the flood resiliency of the communities
located in the western portion of the Lake Lotta Basin. The upgraded culverts will provide a larger drainageway
for stormwaters to be safely conveyed through the basin. This will mitigate the flood risk by removing two bottle
necks in the storm sewer system that causes upstream staging of stormwaters.
Costs include general conditions, design, permitting, CEI services, construction activities related to drainage
and stormwater improvements and related ancillary equipment and contingency.
The proposed Project is to take place in the West Orange Industrial Park Unit 2 subdivision in the Lake Lotta
Basin within Section 19, Township 22 south, Range 28 east of the City of Ocoee, FL 34761.
The two drainage improvement sites are located at: L F Roper Parkway (28.561194, -81.556639) and Capitol
Court (28.560308, -81.553676) where the natural stream crosses the public right-or-way beneath the roadway
via undersized culverts installed in 1973
Projected Output/Outcomes:
Output: Full completion of all of the above-referenced activities by the Project Completion Date (see
Article III, Section 2 of the Agreement).
Outcome: The upgraded culverts will provide a larger drainageway for stormwaters to be safely conveyed
through the basin. This will mitigate the flood risk by removing two bottle necks in the storm
sewer system that causes upstream staging of stormwaters
PROGRAM/PROJECT ACTIVITY OVERVIEW
Project Name: Roper Pkwy and Capitol Court Drainage Improvement Project
Municipality/Dept/Division: City of Ocoee, Public Works Department
CDBG-DR Program Eligible activity: Infrastructure – Mitigation
National Objective: LMI Area
The number of individuals benefitting as a result of this project:
• Total beneficiaries: 1470
• Total low/mod beneficiaries: 1110
• Low/mod percentage: 75.5%
CDBG-DR storm tie-back and/or mitigation resilience measures:
Storm tie-back
EXHIBIT C
SCOPE OF WORK
Page 37 of 58
• N/A. Mitigation Only Project
• The project addresses current or future risks identified in the Orange County’s mitigation plan
Mitigation Resilience Measures
• Drainage Improvements to improve flood resiliency
• Increased culver size at project sites will help convey water away from properties to reduce flood risk
and flood damages to the underserved and low-income communities west of the 429
EXHIBIT D
INVOICE
Page 38 of 58
INVOICE NUMBER ____________________ MONTH _____________________
Name of Agency: _________________________________________________________________
Grant Name/Project: _________________________________________________________________
Bill to:
By signing this report, I certify to the best of my knowledge and belief that the information provided herein is
true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but
not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and
3801-3812.
Signature of Preparer: ____________________________________ Date: _____________________
Title: __________________________________________________
Authorized Signature: ____________________________________ Date: _____________________
Title: __________________________________________________
Orange County
Manager, Housing and Community Development
525 E. South Street
Orlando, FL 32801
DESCRIPTION AMOUNT
BILLED
TOTAL
EXHIBIT E
INCOME GUIDELINES
Page 39 of 58
Gross Income
2025 CDBG-DR Income Limits
Persons in
Household
Maximum Income
Extremely Low
30%
Maximum Income
Very Low
50%
Maximum Income
Low
80%
1 $22,150 $36,900 $59,050
2 $25,300 $42,150 $67,450
3 $28,450 $47,450 $75,900
4 $31,600 $52,700 $84,300
5 $34,150 $56,950 $91,050
6 $36,700 $61,150 $97,800
7 $39,200 $65,350 $104,550
8 $41,750 $69,550 $111,300
DEFINITIONS:
LOW INCOME: Households whose incomes do not exceed 80% of the median income for the area, as
determined by HUD with adjustments for smaller and larger families.
VERY LOW: Households whose incomes do not exceed 50% of the median income of the area, as determined
by HUD with adjustments for smaller and larger families.
EXTREMELY LOW: Households whose incomes do not exceed 30% of the median family income of the area,
as determined by HUD with adjustments for smaller and larger families.
NOTE: The CDBG-DR Income Limits are provided by HUD annually and are subject to change. Data effective
as of June 1, 2025.
EXHIBIT F
CDBG-DR PROGRAMMATIC REPORTING
Page 40 of 58
Department/Division: City of Ocoee, Public Works Department
Report
Period:
Project Name: Roper Pkwy and Capitol Court Drainage Improvement Project
Contact Person Name/Number: Hseth Burch, 407-905-3170
Projected Accomplishments (SECTION 1)
Performance Measure Projected Actual
1 # acres of newly added or improved green space
2 # acres of wetlands created
3 # cubic feet of stormwater storage added
4 % decrease in affluent discharged
5 % decrease in area inundated by flooding
6 % decrease in disruption hours to residents and
businesses from impacts of storm events
7 % decrease in NFIP CRS score
8 % decrease in road closures in target area during a flood event
9 % decrease water surface elevation level during a
flood with a qualifying event
10 $ estimated flood loss avoidance
11 $ Funds allocated for water management/flood mitigation improvements
12 $ Funds allocated for water-quality improvements
13 % increase in acres of cropland protected from flooding
14 % increase in groundwater infiltration
15 % increase in number of acres converted to open
space
16 % increase in pumping capacity
17 # linear feet of streams restored
18 # occupied structures in floodplain
19 # of acres green infrastructure created
20 # of acres green space created
21 # of acres green space preserved
22 # of acres no longer vulnerable to flood events
23 # of acres of native vegetation planted
EXHIBIT F
CDBG-DR PROGRAMMATIC REPORTING
Page 41 of 58
24 # of acres with improved multiple hazard risk mapping
25 # of brownfield acres converted to wetland
26 # of buildings (non-residential)
27 # of containment systems constructed
28 # of Elevated Structures
29 # of fewer outages of critical facilities and utilities
30 # of green infrastructure projects constructed
31 # of greenspace users
32 # of Linear feet of Public Improvement
33 # of Linear Feet of Sewer Lines
34 # of linear feet of shoreline restored
35 # of linear feet of stream restored
36 # of linear feet of trails constructed
37 # of Linear Feet of Water Lines
38 # of Linear miles of Public Improvement
39 # of Non-business Organizations benefitting
40 # of non-invasive species trees planted on project sites
41 # of properties protected from future flooding
42 # of properties with access above 100-yr flood
level
43 # of public facilities
44 # of pump stations repaired/replaced
45 # of reduced hours streets are flooded
46 # of residents protected from future flooding
47 # of Section 3 Labor Hours
48 # of small water retention devices/systems installed
49 # of storm water projects implemented
50 # of Targeted Section 3 Labor Hours
51 # of Total Labor Hours
52 # of vacant lots repurposed
53 # of water control structures repaired/replaced
54 % reduction in emergency maintenance costs
55 % reduction in energy costs
56 % reduction in loss of service
57 % reduction of sanitary sewer overflows
58 % reduction of watershed nitrate loading
EXHIBIT F
CDBG-DR PROGRAMMATIC REPORTING
Page 42 of 58
59 % reduction of water surface elevation level
Performance Measure Projected Actual
# of Public Facilities/Infrastructure (sq ft)
# of Housing Units
# of Multifamily Units
# of Single-family Units
Projected Beneficiaries (SECTION 2)
Performance Measure Projected Total Low Mod
# of structures harden against future flood events
Performance Measure
Projected
Total Low Mod
# of Beneficiaries
**Note: should the measure not apply leave it blank. Projected number of houses/structures must be filled
out. Some numbers might be the same. Projected # of persons can be taken from the Low/Mod Census
Tract/Block of project area.
SECTION 3: (Attach a Narrative of Accomplishments for the year)
1. Provide Summary of accomplishments made with Orange County’s CDBG-DR funds.
2. Describe mitigative and resiliency measures projected as a result of the improvements made with
CDBG-DR funding. Include number of beneficiaries resulting from the improvements.
Certification: I certify that this information is true and accurately reflects the information contained in agency
records.
CITY OF OCOEE
By:
Signature of Subrecipient Representative Official Title
Printed Name Date
EXHIBIT G
SUBAWARD ADVANCE TERMS
Page 43 of 58
Please select one of the choices below.
☒ The Subrecipient will not be receiving funds in advance pursuant to this Subrecipient Agreement.
☐ The Subrecipient will be receiving an advance of the Subaward pursuant to this Subrecipient
Agreement and, therefore, the therefore hereby executes the following affidavit agreeing to the terms of
such advance:
Part 1: Subaward Advance Terms
A. 2 CFR 200.305(b) (“Payment”) permits the County to issue advance payments of the Subaward to the
Subrecipient as long as such advanced payments are: (1) limited to the minimum amounts needed; and
(2) timed to be in accordance with the actual, immediate cash requirements of the Subrecipient in
carrying out the Scope of Work.
B. As such, the following “Subaward Advance Budget” was prepared:
C. Based upon the foregoing, the County shall issue an advance of $__________ at the beginning of the
Agreement’s term, or when such advance is agreed upon by the parties in writing. All advanced
Subaward funds must be spent no later than thirty (30) calendar days from the Subrecipient’s
receipt of the advance.
D. Subaward Advance Reconciliation.
• The Subrecipient shall provide the County with a Subaward Advance Reconciliation Report with
all documentation necessary (paid invoices, receipts, etc.) showing that the advance was
appropriately spent no later than forty-five (45) calendar days after the Subrecipient receives
the advance of the Subaward.
• Such Subaward Advance Reconciliation Report must be: (a) executed by the Subrecipient’s
authorized representative; and (b) include attestation language.
• If the Subrecipient failed to expend all of the advanced Subaward funds within the thirty (30)
days provided, the balance of unspent funds shall be deducted from subsequent invoices
received by the County until it is fully exhausted. Any such advanced funds remaining at the end
of the Agreement’s term must be returned to the County.
• The County reserves its right to suspend any further payments to the Subrecipient until it
receives a sufficient Subaward Advance Reconciliation Report from the Subrecipient. Nothing
in this “Exhibit G” should be construed as limiting the County from pursuing any additional
remedies contemplated in the Agreement or at law.
EXHIBIT G
SUBAWARD ADVANCE TERMS
Page 44 of 58
E. The Subrecipient shall comply with all terms found in the Agreement regarding advances, including but
not limited to, those found in the “Payment” section of this Agreement and shall provide evidence to
the County that it has obtained the Fidelity & Employee Dishonesty Insurance as contemplated in this
Agreement.
Part 2: Subaward Advance Affidavit
The undersigned hereby certifies on behalf of the Subrecipient, that:
1. The Subrecipient understands and will comply with the Subaward Advance Terms provided in Part 1
above.
2. The Subaward Advance Budget provided for in Part 1 above is a true and accurate representation of
the Subrecipient’s actual, immediate cash requirements for carrying out the Scope of Work.
3. The Subrecipient shall comply with 2 CFR § 200.305(b) and therefore shall maintain written procedures
that minimize the time elapsing between: (1) the transfer of funds by the County to the Subrecipient,
and (2) the Subrecipient’s disbursement of such funds for direct project costs and the proportionate
share of any allowable indirect costs.
4. The Subrecipient has reviewed 2 CFR § 200.305(b) and maintains financial management systems that
comply with the standards therein for fund control and accountability.
5. The Subrecipient shall make timely payment to its contractors, vendors, and any agencies providing
services to the Subrecipient pursuant to the Agreement.
6. Should the Subrecipient be found to have mismanaged the Subaward advanced by the County, the
County may consider such mismanagement cause for termination of the Agreement.
Pursuant to the binding authority granted to the undersigned, the Subrecipient hereby certifies that it
understands and will comply with its obligations as stated in this affidavit.
CITY OF OCOEE
By:
Signature of Subrecipient Representative Official Title
Printed Name Date
EXHIBIT H
LEASED EMPLOYEE AFFIDAVIT
Page 45 of 58
I affirm that an employee leasing company provides my workers’ compensation coverage. I further understand
that my contract with the employee leasing company limits my workers’ compensation coverage to enrolled
worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent
contractors, uninsured subcontractors or casual labor exposure.
I hereby certify that 100 percent of my workers are covered as worksite employees with the employee leasing
company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I
agree to notify the County in the event that I have any workers not covered by the employee leasing workers’
compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I
agree to obtain a separate workers’ compensation policy to cover these workers. I further agree to provide the
County with a certificate of insurance providing proof of workers’ compensation coverage prior to these workers
entering any County jobsite.
I further agree to notify the County if I terminate the employee leasing company and I understand that I am
required to furnish proof of replacement workers’ compensation coverage prior to the termination of the
employee leasing arrangement.
I certify that I have workers’ compensation coverage through the employee leasing arrangement specified
below:
Name of Employee Leasing Company:
Workers’ Compensation Carrier:
A.M. Best Rating of Carrier:
Inception Date of Leasing Arrangement:
I further agree to notify the County in the event that I switch employee-leasing companies. I recognize that I
have an obligation to supply an updated workers’ compensation certificate to the County that documents the
change of carrier.
Name of Contractor:
Signature of Owner/Officer:
Title:
Date:
EXHIBIT I
CERTIFICATION REGARDING LOBBYING
Page 46 of 58
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 Federally appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, and cooperative
agreements) and that the Agency shall certify and disclose accordingly.
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 USC § 1352. Any person who fails to file this 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.
CITY OF OCOEE
By:
Signature of Subrecipient Representative Official Title
Printed Name Date
EXHIBIT J
Page 47 of 58
ABOVE IMAGE IS A SAMPLE ONLY
EXHIBIT K
(if/when applicable)
Page 48 of 58
ABOVE IMAGE IS A SAMPLE ONLY
EXHIBIT L
(if/when applicable)
Page 49 of 58
ABOVE IMAGE IS A SAMPLE ONLY
EXHIBIT M
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS
Page 50 of 58
The certification set out below is a material representation upon which reliance is placed by Orange County, Florida
and the U.S. Department of Housing and Urban Development (“HUD”) in awarding the grant funds. If it is later
determined that the City of Ocoee knowingly rendered a false certification or otherwise violates the requirements of
the Drug-Free Workplace Act, the County’s Housing and Community Development Department and/or HUD, in
addition to any other remedies available to the federal government, may take action authorized under the Drug-Free
Workplace Act. The City of Ocoee will comply with the other provisions of the Act and with other applicable laws.
CERTIFICATION
The undersigned hereby certifies that the City of Ocoee will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the City of Ocoee’s workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
B. Establishing an ongoing drug-free awareness program to inform employees about: (1) the dangers of drug abuse
in the workplace; (2) the City of Ocoee’s policy of maintaining a drug-free workplace; (3) any available drug
counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon
employees for drug abuse violations occurring in the workplace.
C. Making it a requirement that each employee be engaged in the performance of the grant be given a copy of the
statement required by paragraph (A).
D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the
Loan, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five (5) calendar days after such conviction.
E. Notify the County’s Housing and Community Development Department and/or HUD in writing within ten (10)
calendar days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant.
F. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (D)(2), with
respect to any employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency.
G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(A), (B), (C), (D), (E) and (F).
CITY OF OCOEE
By:
Signature of Subrecipient Representative Official Title
Printed Name Date
EXHIBIT N
CERTIFICATION REGARDING POLICY
PROHIBITING USE OF EXCESSIVE FORCE
Page 51 of 58
In accordance with section 519 of Public Law 101-144 (the 1990 HUD Appropriations Act), Orange County,
Florida, certifies that:
It has adopted and is enforcing:
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 location which is the subject of such non-violent civil rights demonstrations within its
jurisdiction.
NOTE: This certification does not require the City of Ocoee to adopt a policy regarding excessive force. It is
included for informational purposes only.
EXHIBIT O
SECTION 3 CLAUSE (CDBG)
Page 52 of 58
A. The work to be performed under this Agreement is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 USC § 1701u) ("Section 3") and its
associated regulations (24 CFR Part 75) (“Section 3 Regulations”). The purpose of Section 3 is to
ensure that economic opportunities, most importantly employment, generated by certain HUD
financial assistance shall be directed to low- and very low-income persons, particularly those who
are recipients of government assistance for housing or residents of the community in which the
Federal assistance is spent.
B. The Agency agrees to comply with Subpart C of the Section 3 Regulations (“Additional Provisions
for Housing and Community Development Financial Assistance”), including but not in any way
limited to those provisions found in § 75.19 regarding employment training and contracting, as well
as those found in § 75.25 regarding reporting of labor hours and additional reporting if Section 3
benchmarks are not met.
C. As evidenced by the Agency’s execution of this Agreement, the Agency hereby certifies that it is
under no contractual or other impediments that would prevent it from complying with the Section 3
Regulations.
D. The Agency agrees to send to each labor organization or representative of workers with which the
Agency has a collective bargaining agreement or other understanding, if any, a notice advising the
labor organization or workers' representative of the Agency’s commitments under this section of the
Agreement and will post copies of the notice in conspicuous places at the worksite where both
employees and applicants for training and employment positions can see the notice. The notice shall
describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles
subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv)
name and location of the person(s) taking applications for each of the positions, and (v) the
anticipated date the work shall begin.
E. The Agency agrees to include this Section 3 clause in every subcontract subject to the Section 3
Regulations and agrees to take appropriate action, as provided in an applicable provision of the
subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the Section 3
Regulations. The Agency will not subcontract with any subcontractor where the Agency has notice
or knowledge that the subcontractor has been found in violation of the Section 3 Regulations.
F. The Agency will certify that any vacant employment positions, including training positions, that are
filled: (i) after a contractor is selected but before the Agreement is executed; and (ii) with persons
other than those to whom the regulations of Section 3 Regulations require employment opportunities
to be directed, were not filled to circumvent the Agency’s obligations under Section 3 Regulations.
G. Compliance with the provisions of Section 3, the Section 3 Regulations, and any other applicable
rules and orders issued by HUD thereunder prior to the execution of the Agreement shall be a
condition of the federal financial assistance provided to the Project that is binding upon the Agency
and its successors and assigns. Noncompliance with the Section 3 Regulations may result in
sanctions, termination of this Agreement for default, and debarment or suspension from future HUD-
assisted contracts.
EXHIBIT P
SUBAWARD/SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST
Page 53 of 58
CRITERIA REQUIREMENT FOR PASS-THROUGH ENTITIES
(CHECKLIST)
SUBRECIPIENT INFORMATION
2 CFR
200.332
(b)(1)(i)
Subrecipient name (which must match registered name
in SAM.gov)
City of Ocoee
(b)(1)(ii) Subrecipient's Unique Entity Identifier: PW36JGN235S7
(b)(1)(iii) Federal Award Identification Number (FAIN) B-23-UN-12-0003
(b)(1)(iv) Federal Award Date (see 2 CFR § 200.39 Federal award
date) or award to the recipient by the Federal agency
May 18, 2023
(b)(1)(v) Subaward Period of Performance Start and End Date See Article IX, Section 2.2.
(b)(1)(vi) Subaward Budget Period Start and End Date See Article IX, Section 2.2.
(b)(1)(vii) Amount of Federal Funds Obligated by this action by the
pass-through entity to the subrecipient
$486,627
(b)(1)(viii) Total Amount of Federal Funds Obligated to the
subrecipient by the pass-through entity including the
current financial obligation
Unknown
(b)(1)(ix) Total Amount of the Federal Award committed to the
subrecipient by the pass-through entity
$486,627
(b)(1)(x) Federal award project description, as required to be
responsive to the federal Funding Accountability and
Transparency Act (FFATA)
General construction activities
associated with drainage
improvements to improve the flood
resiliency of the communities located
in the western portion of the Lake
Lotta Basin
(b)(1)(xi) Name of Federal awarding agency, pass-through entity,
and contact information for awarding official of the pass-
through entity
U.S. Department of Housing and
Urban Development; Pass-through
entity: Orange County
Contact: Mitchell Glasser, 407-836-
5190
(b)(1)(xii) Assistance Listings Number and Name; the pass-
through entity must identify the dollar amount made
available under each Federal award and the Assistance
Listings number at time of disbursement
14.218 Community Development
Block Grant $219,712,000
(b)(1)(xiii) Identification of whether the award is R&D No
(b)(1)(xiv) Indirect cost rate for the Federal award (including if the
de minimis rate is charged) per 2 CFR § 200.414
7.8344%
2 CFR
200.332
(b)(2)
All requirements imposed by the pass-through entity on
the subrecipient so that the Federal award is used in
accordance with Federal statutes, regulations and the
terms and conditions of the Federal award.
Yes, see terms of the Agreement and
Exhibit A.
EXHIBIT P
SUBAWARD/SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST
Page 54 of 58
OTHER SUBAWARD/SUBRECIPIENT FEDERAL AWARD REQUIREMENTS
(a)
Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the
terms and conditions of the subaward for purposes of determining the appropriate subrecipient
monitoring described in paragraphs (d) and (e) of this section, which may include consideration of
such factors as:
(1) The subrecipient's prior experience with the same or similar subawards (2 CFR 200.332(c)(1));
(2)
The results of previous audits including whether or not the subrecipient receives a Single Audit in
accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar
subaward has been audited as a major program (2 CFR 200.332(c)(2);
(3) Whether the subrecipient has new personnel or new or substantially changed systems (2 CFR
200.332(c)(3)); and
(4) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives
Federal awards directly from a Federal awarding agency) (2 CFR 200.332(c)(4)).
(b) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described
in 2 CFR § 200.208.
(c)
Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for
authorized purposes, in compliance with Federal statutes, regulations, and the terms and
conditions of the subaward; and that subaward performance goals are achieved. Pass-through
entity monitoring of the subrecipient must include:
(b)(3) Any additional requirements that the pass-through entity imposes
on the subrecipient in order for the pass-through entity to meet its
own responsibility to the Federal awarding agency including
identification of any required financial
and performance reports
Yes, Exhibits B, C, D, E, F, G,
H, I, M, O, Q
(b)(4)(i) An approved federally recognized indirect cost rate negotiated
between the subrecipient and the Federal Government. If no
approved rate exists, the pass-through entity must determine the
appropriate rate in collaboration with the subrecipient, which is
either:
(A) The negotiated indirect cost rate between the pass-through
entity and the subrecipient; which can be based on a prior
negotiated rate between a different PTE and the same
subrecipient. If basing the rate on a previously negotiated rate,
the pass-through entity is not required to collect information
justifying this rate, but may elect to do so;
(B) The de minimis indirect cost rate.
(b)(4)(ii) The pass-through entity must not require use of a de minimis
indirect cost rate if the subrecipient has a Federally approved
rate. Subrecipients can elect to use the cost allocation method to
account for indirect costs in accordance with § 200.405(d).
(b)(5) A requirement that the subrecipient permit the pass-through entity
and auditors to have access to the subrecipient's records and
financial statements as necessary for the pass-through entity to
meet the requirements of this part.
Yes, Article VII, Section 1 of
Agreement, and Article VIII,
Sections 3 and 4.
(b)(6) Appropriate terms and conditions concerning closeout of the
subaward.
Yes, Article X, Section 2 of
Agreement.
EXHIBIT P
SUBAWARD/SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST
Page 55 of 58
(1) Reviewing financial and performance reports required by the pass-through entity (2 CFR 200.332(e)(1)).
(2)
Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies
pertaining to the Federal award provided to the subrecipient from the pass-through entity detected
through audits, on-site reviews, and written confirmation from the subrecipient, highlighting the status of
actions planned or taken to address Single Audit findings related to the particular subaward (2 CFR
200.332(e)(2)).
(3) Issuing a management decision for audit findings pertaining to the Federal award provided to the
subrecipient from the pass-through entity as required by 2 CFR § 200.521 (2 CFR 200.332(e)(3)).
(4)
The pass-through entity is responsible for resolving audit findings specifically related to the subaward and
not responsible for resolving crosscutting findings. If a subrecipient has a current Single Audit report
posted in the Federal Audit Clearinghouse and has not otherwise been excluded from receipt of Federal
funding (e.g., has been debarred or suspended), the pass-through entity may rely on the subrecipient's
cognizant audit agency or cognizant oversight agency to perform audit follow-up and make management
decisions related to cross-cutting findings in accordance with 2 CFR § 200.513(a)(4). Such reliance does
not eliminate the responsibility of the pass-through entity to issue subawards that conform to agency and
award-specific requirements, to manage risk through ongoing subaward monitoring, and to monitor the
status of the findings that are specifically related to the subaward (2 CFR 200.332(e)(4)).
(d)
Depending upon the pass-through entity's assessment of the risk posed by the subrecipient (as
described in paragraph (a) of this section), the following monitoring tools may be useful for the
pass-through entity to ensure proper accountability and compliance with program requirements
and achievement of performance goals:
(1) Providing Subrecipients with training and technical assistance on program-related matters (2 CFR
200.332(f)(1)); and
(2) Performing on-site reviews of the subrecipient's program operations (2 CFR 200.332(f)(2)); and
(3) Arranging for agreed-upon-procedures engagements as described in 2 CFR § 200.425 (2 CFR
200.332(f)(3)).
(e)
Verify that every subrecipient is audited as required by Subpart F—Audit Requirements—of this
part when it is expected that the subrecipient's Federal awards expended during the respective
fiscal year equaled or exceeded the threshold set forth in 2 CFR § 200.501.
(f) Consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring
indicate conditions that necessitate adjustments to the pass-through entity's own records.
(g) Consider taking enforcement action against noncompliant subrecipients as described in 2 CFR §
200.339 of this part and in program regulations.
[April 2024 Update to 2 CFR Part 200]
Name of Reviewer: ______________________________________
Signature: ______________________________________
Title: Manager (or designee)
Orange County Housing and Community Development Division
EXHIBIT Q
SUBROGATION AGREEMENT
Page 56 of 58
This Subrogation and Assignment Agreement ("Agreement") is made and entered into by and between City of Ocoee
(hereinafter referred to as "Agency") and Orange County (hereinafter referred to as “County”).
In consideration of the Agency's receipt of funds or the commitment by the County to evaluate the Agency's application
for the receipt of funds (collectively, the "Agency Award") under the Community Development Block Grant – Disaster
Recovery Program (the "CDBG-DR Program") administered by the County, the Agency hereby assigns to the County
all of the Agency'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 the Agency
Award paid or to be paid to the Agency under the CDBG-DR Program and that are determined at the sole discretion
of the County to be a duplication of benefit ("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."
The Agency agrees to notify the County within five (5) business days of any additional or new payments, loans, grants,
or awards by HUD, FEMA, SBA, the State of Florida, or any other entity not specifically disclosed in this Agreement.
Further, the Agency understands and acknowledges the County’s right and responsibility to enforce this requirement
by recapturing all or a portion of the CDBG-DR Agency Award if the Proceeds received are determined to be DOB
Proceeds within this CDBG-DR Program activity. The Agency will be required to pay back the received CDBG-DR
Agency Award, which was found to be DOB Proceeds, within 30 days of receipt of the identified duplicative payment.
The amount of DOB determined to be paid to the County shall not exceed the Agency Award amount received by the
Agency from the CDBG-DR Program.
The Agency agrees to assist and cooperate with the County to pursue any of the claims the Agency has against
insurers for reimbursement of DOB Proceeds under any such policies. The Agency's assistance and cooperation shall
include, but not be limited to, allowing suit to be brought under the Agency's name(s) and providing any additional
documentation with respect to such consent, giving depositions, providing documents, producing records and other
evidence, testifying at trial, and any other form of assistance and cooperation reasonably requested by the County.
The Agency further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the
Agency would be entitled to under any applicable Disaster Program.
If requested by the County, the Agency agrees to execute e such further and additional documents and instruments
as may be requested to further and better assign to the County, to the extent of the Agency Award paid to the Agency
under the CDBG-DR Program, the policies, any amounts received under the CDBG-DR Program that are DOB
Proceeds, and/or any right thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done,
all things requested by the County to consummate and make effective for the purposes of this Agreement.
The Agency explicitly allows the County to request of any company with which the Agency held insurance policies,
FEMA, SBA, or any other entity from which the Agency has applied for or is receiving Proceeds, any non-public or
confidential information determined to be reasonably necessary by the County to monitor and enforce its interest in
the rights assigned to it under this Agreement and give the Agency's consent to such company(ies) to release all
information to the County.
If the Agency (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, the Agency agrees to promptly pay such amounts to the
County, if Agency received an Agency Award under the CDBG-DR Program in an amount greater than the amount
the Agency would have received if such DOB Proceeds had been considered in the calculation of the Agency's award.
In the event that the Agency receives or is scheduled to receive any subsequent Proceeds, the Agency shall notify
the County in the manner above of such subsequent Proceeds. The County will determine the amount, if any, of the
subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of the
EXHIBIT Q
SUBROGATION AGREEMENT
Page 57 of 58
determined Subsequent DOB Proceeds shall not be requested from the Agency to provide to the County. Subsequent
DOB Proceeds shall be remitted to the County as follows:
1. If the Agency has received full payment of the Agency Award, any Subsequent DOB Proceeds shall be
remitted to the County.
2. If the Agency has received no payment of the Agency Award, any determined Subsequent DOB Proceeds
shall be used by the County to reduce payments and the agreed-upon amount of the Agency Award to the
Agency, and all Subsequent DOB Proceeds shall be retained by the Agency for use on the CDBG-DR Program
activity.
3. If the Agency has received a portion of the Agency Award, 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 or agreed-upon amount of the Agency Award, and Subsequent DOB Proceeds in
such amount shall be retained by the Agency for use on the CDBG-DR Program activity; and (B) any remaining
Subsequent DOB Proceeds shall be remitted to the County.
4. If the County makes the determination that the Agency does not qualify to participate in the CDBG-DR
Program or the Agency determines not to participate in the CDBGDR Program, the Subsequent DOB
Proceeds shall be returned to the Agency, less any portion of the Agency Award amount paid to the Agency
and which needs to be remitted to the County, and this Agreement shall terminate.
Once the County has recovered an amount equal to the Agency Award paid to the Agency, the County will reassign
to the Agency any right assigned to the County pursuant to this Agreement.
The Agency represents that all statements and representations made by the Agency regarding Proceeds received by
the Agency 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.
The person executing this Agreement on behalf of the Agency 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 the Agency.
ln any proceeding to enforce this Agreement, the County shall be entitled to recover all costs of enforcement, including
actual attorney's fees.
CITY OF OCOEE
By:
Signature of Subrecipient Representative Official Title
Printed Name Date
EXHIBIT R
CONDITIONAL GRANT REQUIREMENTS
Page 58 of 58
Completion and submission of all documents and activities are required prior to the issuance of a
Notice to Proceed (NTP)
o Completion of a required core curriculum technical assistance and OIG
training as outlined below when they become available:
1. CDBG-DR Program Overview
2. Financial Management
3. Introduction to Procurement
4. Duplication of Benefits
5. Monitoring
6. Recordkeeping
7. Labor Standards
8. Section 3
9. Uniform Relocation Act (URA)
10. Fraud, Waste & Abuse
o Submission of updated policy & procedures, in compliance with 2 CFR 200
criteria, to include:
1. Financial Management
2. Procurement
3. Monitoring of Federal Funds
4. Asset and Inventory Management (or demonstration of system capabilities)
o Address any vacancies within key staff and positions.
o Submission of documentation demonstrating the resolution of any outstanding
audit or monitoring findings (if applicable)
o Submission of documentation addressing discrepancies in reported audit
history and confirming internal controls for ongoing audit and monitoring
readiness, (if applicable)
o HUD Environmental Review
o Authorization for the Use of Grant Funding