11.17.2025_Woodside_Agreement_IFB2026-001.pdf

PUBLIC IMPROVEMENT AGREEMENT

BETWEEN THE CITY OF KISSIMMEE, FLORIDA

AND

XXXXXXXX

THIS CONTRACT (hereinafter the “Contract”) is made and entered into by and between the

City of Kissimmee, a Florida municipal corporation, with a principal address of 101 Church

Street, Kissimmee, FL 34741 (hereinafter referred to as the "CITY"), and XXXXX, a Florida

XXXXXX corporation, with a mailing address of XXXXXX (hereinafter referred to as

“CONTRACTOR”).

W I T N E S E T H:

WHEREAS, the Community Development Block Grant – Mitigation (CDBG-MIT) Program funds originate from the U.S. Department of Housing and Urban Development (HUD) and are administered in Florida by the Florida Department of Commerce (formerly the Department of Economic Opportunity, DEO); and

WHEREAS, CITY received a CDBG-MIT Subrecipient award from the State of Florida

Department of Economic Opportunity (now Florida Department of Commerce) on April 15, 2022, and as subsequently amended on October 27, 2022 (DEO Agreement Number:

IR030); and

WHEREAS, CITY also received American Rescue Plan Act (ARPA) funding; and

WHEREAS, CITY advertised IFB #2026-001 for the Woodside Drainage & Utility

Infrastructure Improvements, Phase 2 on November 2, 2025; and

WHEREAS, CONTRACTOR provided the services requested by CITY and was the lowest bidder; and

WHEREAS, CITY has given prior notice that the Project must comply and carry out all of its activities in accordance with the CDBG Program requirements set forth in 24 CFR 570, subpart K and the Code of Federal Regulations in 2 CFR Part 200.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the sufficiency and receipt whereof being hereby acknowledged, the CITY and CONTRACTOR agree as follows:

SECTION 1: SCOPE OF SERVICES AND USE OF FUNDS

1. Recitals. The recitals set forth above are true and correct and are incorporated herein and made a part of this Contract.

2. Exhibits; Attachments. The following documents are attached and referred to in this

Contract and are by this reference incorporated herein:

Exhibits Description

“A” Required Contractor Information “B” Additional Project Requirements “C” Budget “D” Request for Change Orders “E” Request for Payment Form “F” CDBG Program Requirements “G” Payment Requests and Reporting Requirements “H” Equal Employment Opportunity Clause for contractors and their contractors and Subcontractors Standard Solicitation and Bid and Contract Language “I” Davis Bacon Act Requirements “J” Certification Regarding Lobbying “K” Section 3 Economic Opportunity Frequently Asked Questions “L” Certification Regarding Drug-Free Workplace Requirement “M” Federal Funding Accountability and Transparency Act (FFATA) Affidavit “N” Human Trafficking Affidavit “O” Bid book

*The forms of the Exhibits are subject to change from time to time in the sole discretion of the CITY in order to comply with the requirements of CITY, federal, and state law, program and policy requirements.

3. National Objectives and Use. CITY certifies that the activities carried out with the funds provided under this Contract will meet the CDBG program national objective of benefiting low- and moderate-income persons as required under 24 CFR

§570.200(a)(2), 24 CFR §570.201(c) and 24 CFR §570.208(a)(1).

4. CDBG-MIT funds. Under the terms and conditions of this Contract, CITY has allocated a subaward to CONTRACTOR in the amount of Three Million Four

Hundred Dollars ($3,400,000.00.) CDBG-MIT funds are to be used in accordance with all requirements imposed by federal statutes, regulations and the terms of this

Contract towards the drainage and other improvement costs of the Project. Pursuant to 2 CFR §200.331, the required Subaward information is attached as Exhibit “A”.

Any funds remaining unexpended or not disbursed to CONTRACTOR by the CITY as of the Completion Date (as later defined) of this Contract may be de-obligated from this Contract and made available for other CITY projects as determined by the CITY.

All CDBG funds allocated for this Project must be expended by the expiration day of the grant. .

5. Statement of Work/Project Description. This Project consists of two components:

a) City of Kissimmee Woodside Drainage Improvements, Phase 2, which begins at

Heron Ditch at Dyer Boulevard and extends west through the Kissimmee Gateway

Airport to the outfall at Shingle Creek. The work includes construction of a 72-inch storm sewer from Heron Ditch, under Dyer Boulevard, into the existing airport ditch.

The existing ditch within the airport will be re-graded and armored, and a second 72-inch storm sewer will be constructed from the airport ditch, under Hoagland Boulevard, to the existing ditch along the Kissimmee Trail. The ditch along the Kissimmee Trail will also be re-graded and armored. Additional construction activities include pavement, drainage structures, concrete curb and gutter, sidewalk, guardrail, fencing, and other related work such as clearing and grubbing, earthwork, grading, and sodding. This project is funded through a combination of sources, including the

Community Development Block Grant – Mitigation (CDBG-MIT) Program, the

American Rescue Plan Act (ARPA), and local funds. The CDBG-MIT funds were awarded by the Florida Department of Commerce, with the source of these federal funds being the U.S. Department of Housing and Urban Development (HUD), authorized by Federal Register Notice 84 FR 45838, dated August 30, 2019.

b) The Toho Water Authority Woodside Utility Relocations, Phase II, which consists of relocating a 16-inch reclaimed watermain, a 16-inch watermain, and a 20-inch sanitary force main in the area of Hoagland Boulevard. The scope also includes relocating a

30-inch sanitary force main adjacent to the ditch within the Kissimmee Gateway Airport and along Dyer Boulevard, as well as relocating a 12-inch watermain and a 30-inch reclaimed watermain in the Dyer Boulevard area. This project is funded by the Toho

Water Authority through an interlocal agreement with the City of Kissimmee.

Additional Project requirements are attached as Exhibit “B” and made a part hereof by this reference. CONTRACTOR will provide the CITY with all procurement support for CITY’s approval prior to entering into any construction sub-contracts.

6. Goals and Performance Measures; Implementation Schedule. During the term of this Contract, CONTRACTOR agrees to work diligently towards the completion of the

Project. Florida Commerce, acting as HUD’s pass-through administrator for the

CDBG-MIT Program, requires the CITY to timely spend its CDBG funds.. Therefore, it is critical that CONTRACTOR complies with the time deadlines established in this

Contract. Time is of the essence. CONTRACTOR’s failure to work diligently toward timely completing the Project and other incidents of non-performance may result in conditions being placed on the grant funds, suspension of grant funds, or the CITY ceasing to distribute funds pursuant to this Contract so that the CITY may reallocate these funds for other uses or projects.

7. Expenditure of Funds/Budget. CONTRACTOR shall use the CDBG funds for eligible expenses permitted under the CDBG regulations, as set forth in 24 CFR Part

570 and in accordance with Exhibit “C” and made a part hereof by this reference.

CITY may require a more detailed budget breakdown than the Budget attached hereto, and CONTRACTOR shall provide such supplementary budget information in a timely fashion and in the form and content as may be prescribed by the CITY. CITY and/or

CONTRACTOR may also require changes in line items, or approve other budgetary changes within the total award amount. Any supplementary budget information or budget changes must be approved in writing by the Florida Commerce Grant

Manager. Request for change orders must be submitted for review and approval in the form provided as Exhibit “D”. Expenditures shall be directly attributable to the

Project. CONTRACTOR shall be responsible for any cost overruns over

__________________. CONTRACTOR shall not use any CDBG funds for prohibited activities as set forth in 24 CFR §570.207 and is also prohibited from using these subaward funds or personnel employed in the administration of activities under this

Contract for political activities, inherently religious activities, or lobbying. If the Florida

Commerce Grant Manager determines that CONTRACTOR is not utilizing the CDBG funds in accordance with this Contract, CITY may reduce or otherwise alter the funding amount of the Contract. Any of the CDBG funds allocated to CONTRACTOR for this

Project which are not expended within the term of this Contract shall be retained by the CITY. CONTRACTOR will not be reimbursed by the CITY for any Project costs or expenses not incurred within the terms of this Contract. Reimbursement of eligible expenses shall be made in accordance with performance using the Request for

Payment form attached hereto as Exhibit “E”.

Notwithstanding anything to the contrary in this Contract, CITY also reserves the right to request and approve documentation supporting any requests for reimbursement to verify the reasonableness and validity of such costs and said Budget may be modified by the CITY accordingly. CONTRACTOR acknowledges and agrees that any funds not used in accordance with this Budget and permitted CDBG regulations must be repaid to the CITY.

8. Performance Monitoring. CITY will monitor CONTRACTOR’s performance as necessary and in accordance with 2 CFR §200.327-.332 to ensure compliance with the terms of this Contract, including the timeframes and performance standards as required herein. Further monitoring requirements are set forth in Section 2 herein.

Substandard performance as determined by the CITY will constitute non-compliance with this Contract. If action to cure such substandard performance is not taken by

CONTRACTOR within thirty (30) days after written notice of same, CITY may impose additional conditions on CONTRACTOR and its use of CDBG funds pursuant to the terms of this Contract, suspend or terminate this Contract, or initiate other remedies for noncompliance as appropriate under 2 CFR §200.338. CONTRACTOR must return any CDBG funds within 5 days of the CITY’s written request when an act of uncured substandard performance or other material breach occurs.

9. Term. This Contract shall be in effect for the period commencing XXXXXXX and terminating on XXXXXXX (“Completion Date”). Costs may not be incurred after

XXXXXX. Notwithstanding anything herein to the contrary, CONTRACTOR’s obligations to the CITY shall not end until all close-out requirements are completed, including, but not limited to, such things as issuing final payments, disposing of program assets (if any), retention of records, and warranty or maintenance requirements, if applicable. . Also, notwithstanding the foregoing, the term of this

Contract and the provisions herein shall be extended to cover any additional time period necessary for completion of project close-out activities or audits required by

Florida Commerce or HUD related to the use of grant funds by the CITY. or for any

Florida Commerce or HUD audits requiring repayment of any funds unlawfully spent under this Contract.. The term of performance may be extended by the Parties through a written extension or amendment signed by the City Manager.

SECTION 2: ADMINISTRATIVE REQUIREMENTS

1. Applicable Laws and Regulations. CONTRACTOR shall comply with the requirements of the Housing and Community Development Act of 1974, as amended, all CDBG Program requirements, 24 CFR Part 570, 2 CFR part 200, and other laws and regulations and regulatory guidance governing the use of these funds, whether set forth herein or not, and any amendments or policy revisions thereto which shall become effective during the term of this Contract. It is CONTRACTOR’s responsibility to read, understand, and comply with these laws and regulations. In addition, CONTRACTOR shall abide by any and all other applicable federal, state, or local laws, rules, regulations, executive orders, and HUD guidance, notices, and policies governing the funds provided under this Contract, whether presently existing or hereafter promulgated. CONTRACTOR shall also comply with all other applicable federal, state or local laws, statutes, ordinances, rules and regulations including, but not limited to, all applicable provisions of the Kissimmee City Code.

2. Uniform Administrative Requirements and Cost Principles. CONTRACTOR shall comply with the uniform administrative requirements specified in 24 CFR §570.502 and §570.610. CONTRACTOR also agrees to comply with the provisions of the

Uniform Administrative Requirements, Cost Principles, and Audit Requirements set forth in 2 CFR part 200 and adopted by HUD at 2 CFR part 2400, as modified by 24

CFR §570.502. CONTRACTOR also is required to ensure that any and all contractors/subcontractors providing services or otherwise performing pursuant to this

Contract shall comply with 2 CFR part 200. Although 2 CFR part 200 addresses many requirements, some areas of regulation include, but are not limited to, standards for financial and program management, property and procurement standards, performance and financial monitoring and reporting, CONTRACTOR monitoring and management, record retention and access, remedies for noncompliance, FFATA, and closeout. CONTRACTOR is aware and acknowledges that 2 CFR part 200 and 2 CFR part 2400 are recent regulatory changes to the administrative requirements and HUD is in the process of developing guidance on their specific requirements. Although this may change the administrative requirements set forth herein, CONTRACTOR will comply with whatever guidance HUD requires. Costs incurred must be in conformance with 2 CFR part 200, subpart E. CONTRACTOR also agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, maintain necessary source documentation for all costs incurred, and submit an indirect cost allocation plan in accordance with 2 CFR 200 subpart E, if such plan is required. CONTRACTOR also agrees to comply with the Program Requirements set forth in Exhibit “F” which is attached hereto and incorporated herein by this reference.

3. Procurement/Subcontracting/Third Party Contracts. It is anticipated that the work to be performed under this Contract will be performed by CONTRACTOR who is appropriately licensed. CONTRACTOR must follow all procurement rules and requirements in accordance with state and local requirements and with 2 CFR

§200.318-§200.326, including the procurement of recovered materials (Resource

Conservation and Recovery Act) in compliance with 2 CFR § 200.322 regarding the use of specific products made or used with recovered materials. CONTRACTOR must maintain oversight to ensure that all contractors, subcontractors or employees perform in accordance with the terms, conditions, and specifications of their contracts and the requirements of this Contract. CONTRACTOR also certifies by executing this Contract that it maintains written purchasing procedures in compliance with 2 CFR §200.317-

200.326. CONTRACTOR must also have written standards of conduct covering conflicts of interest and governing the actions of its employees, officers, or agents engaged in the selection, award and administration of contracts supported by the

CDBG grant funds. If CONTRACTOR has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, it must maintain written standards of conduct covering organizational conflicts of interest.

CONTRACTOR shall insure that any contracts let in the performance of this Contract shall be awarded on a full and open competition basis in accordance with applicable procurement requirements in 2 CFR § 200. If CONTRACTOR procures with quotes or bids, CONTRACTOR must secure at least three (3) quotes or sealed bids, as applicable, from qualified licensed contractors. CONTRACTOR shall incorporate in any and all bid documents and contracts with third parties these same procurement requirements and the provisions required in 2 CFR§ 200.326 and described in

Appendix II to part 200 – Contract Provisions for non-federal Entity Contracts under

Federal Awards. As applicable, these provisions include, but are not limited to provisions for violation or breach of contract terms; termination for cause and termination for convenience provisions; Equal Employment Opportunity requirements;

Davis Bacon provisions; the Copeland “Anti-Kickback Act; Contract Work Hours and

Safety Standards; Rights to Inventions Made under a contract or Contract; Clean Air

Act and Federal Water Pollution Control Act; Debarment and Suspension; the Byrd

Anti-Lobbying Amendment; procurement of recovered materials. CONTRACTOR shall not enter into any subcontract with any entity, agency or individual in the performance of this Contract without the written consent and approval of the CITY, prior to execution of the Contract or other contracts. CONTRACTOR agrees to furnish

CITY with a copy of each third party contract it enters into an Contract with for the performance of work to be undertaken within the scope of this Contract along with documentation concerning the selection process. If CONTRACTOR proceeds with obtaining quotes or bids, the lowest and most responsive bidder or lowest quote shall be recommended by CONTRACTOR to the CITY as the selected licensed contractor.

CONTRACTOR will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in the monthly report. Upon completion of construction, the licensed CONTRACTOR shall file an executed notice of completion or termination and record it in the Osceola County

Public Records. Copies of this notice and lien releases shall be filed with the CITY.

CITY shall not be obligated or liable hereunder to any party CONTRACTOR enters into contracts with for completion of Project and performance of this Contract.

CONTRACTOR shall keep records demonstrating compliance with these regulations.

4. Records to be Maintained. CONTRACTOR shall maintain all records required by 2

CFR part 200, 24 CFR §570.506, and 24 CFR §570.502.

5. Retention of Records. All records must be accurate, complete and orderly.

CONTRACTOR shall retain all accounting records, financial records, statistical records, supporting documents, source documentation and all records to support how

CDBG funds were expended, and all other documents pertinent to the Project and this

Contract in accordance with the retention requirements of 2 CFR §200.333 as modified by 24 CFR §570.502. These documents must be retained for a period of five

(5) years from the date of submission of the final expenditure report or for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY in the case of a CONTRACTOR. The retention period for individual

CDBG activities shall be the longer of five (5) years after the expiration or termination of this Contract under §570.503, or five (5) years after the submission of the City’s

Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Contract are reported on for the final time. Records for individual activities subject to the reversion of assets provisions at 24 CFR §570.503(b)(7) or change of use provisions at 24 CFR §570.505 must be maintained for as long as those provisions continue to apply to the activity; and records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied.

Notwithstanding the above, CONTRACTOR must also comply with 2 CFR §200.333, which generally states that CONTRACTOR may need to keep the records for longer if they fall into one of the following exceptions: if any records are the subject of any litigation, claim, or audit that started before the expiration of the five (5) year period, then such records must be kept until such litigation, claims, or audit findings have been resolved, completed, and final action taken; records for activities subject to the reversion of assets provisions at 24 CFR §570.503(b)(7) or change of use provisions at 24 CFR §570.505 must be maintained for as long as those provisions continue to apply to the activity; if CONTRACTOR is notified by the CITY, HUD, its cognizant agency for audit, its oversight agency for audit, its cognizant agency for indirect costs, or the CITY to extend the retention period; records for program income after the period of performance; and indirect cost rate proposals and cost allocation plans.

Additionally, CONTRACTOR must keep records documenting compliance with the equal access requirements of §5.106 for a period of 5 years.

6. Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, or other accounting documents.

7. Inspection of Records. At any time during normal business hours and as often as the CITY, HUD and/or the Comptroller General of the United States may deem necessary, the CONTRACTOR shall make available to the CITY, HUD and/or representatives of the Comptroller General for examination all of its records, with respect to all matters covered by this Contract, and will permit the CITY, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this Contract.

8. Reports. CONTRACTOR shall file reports in accordance with the Reporting Schedule attached as Exhibit “G”. CONTRACTOR shall e-mail the City, Construction

Engineering Inspector-CEI and Florida Commerce Grant Manager with a monthly status report on the last day of each month as to the progress made on the Project;

favorable development or events, which will enable meeting time schedules and goals sooner or at less cost than anticipated or producing more or different beneficial results than originally planned; or any problems, delays or adverse conditions, which may materially affect the ability to meet program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established term periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any assistance needed to resolve the situation.

9. Withholding Payments. CITY’s obligation to reimburse CONTRACTOR is conditioned on CONTRACTOR’s full compliance with this Contract. A breach of this

Contract is grounds for non-payment by the CITY.

10. Closeout. CONTRACTOR agrees to follow all of the closeout procedures required in

24 CFR§ 570.502 and 2 CFR §200.343.

SECTION 4: DISCRIMINATION

CONTRACTOR shall comply with all relevant requirements of the following federal laws and regulations dealing with discrimination in federally assisted programs:

A. Non-Discrimination: CONTRACTOR shall at all times comply with sections 104(b), 107, and 109 of the Housing and Community Development Act of 1974, as amended, and 42

U.S.C. §5309,et. seq., 24 CFR §570.602 and 24 CFR Part 6. In accordance with Section 109 of the Housing and Community Development Act of 1974, no person in the United States shall on the ground of race, color, natural origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with CDBG funds. CONTRACTOR shall also comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.) (Non-discrimination in Federally-assisted Programs) and implementing regulations in 24 CFR part

1, 24 CFR §570.601 and §570.602. Title VI provides that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. HUD’s Title VI regulations list examples and specify types of prohibited discrimination and specific actions that are prohibited. For example, CONTRACTOR must not based on race, color, or national origin deny any individual any facilities, services, financial aid, or other benefits; provide different housing or services or benefits than those provided others; subject a person to segregation or separate treatment in the receipt of facilities or services; restrict an individual’s access to, or enjoyment of, any advantage or privilege enjoyed by others in connection with the facilities, services, financial aid or other benefits; use different admission or eligibility requirements for facilities, services, or other benefits; or select a housing site or location with the purpose or effect of excluding or denying benefits to persons in protected classes.

CONTRACTOR shall also not discriminate on the basis of age under the Age Discrimination

Act of 1975 (42 U.S.C. §6101, et. seq.) and the implementing regulations contained in 24

CFR part 146. The Age Discrimination Act provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. HUD’s regulations list examples and specify types of prohibited discrimination and specific actions that are prohibited.

CONTRACTOR shall also not discriminate on the basis of handicap as provided in Section

504 of the Rehabilitation Act of 1973, and the implementing regulations contained in 24 CFR

Part 8. Section 504 provides that no otherwise qualified individual with handicaps in the

United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. HUD’s regulations list examples and specify types of prohibited discrimination and specific actions that are prohibited. CONTRACTOR must also take appropriate steps to ensure effective communication with applicants, beneficiaries, and members of the public who are handicapped and furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of the CDBG funded activity (examples include qualified sign language, oral interpreters, readers, use of tapes, Braille materials, TTD). If CONTRACTOR communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD’s) or equally effective communication systems must be used.

CONTRACTOR shall adopt and implement procedures to ensure that interested persons

(including those with impaired visions and hearing) can obtain information concerning the existence and location of accessible services, activities, and facilities. For those who have visual or hearing impairments, methods for ensuring participation include, but are not limited to qualified sign language, oral interpreters, readers, use of typed and Braille materials HUD’s regulations list examples and specify types of prohibited discrimination and specific actions that are prohibited.

Any contracts entered into by CONTRACTOR shall include a provision for compliance with these regulations. CONTRACTOR shall keep records and documentation demonstrating compliance with these regulations.

B. Equal Employment Opportunity. CONTRACTOR shall comply with 24 CFR §570.607, Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107

(Equal Employment Opportunity Programs), and Executive Order 13279 (Equal Protection of the Laws for Faith Based Community Organizations) and the implementing regulations in 41

CFR Part 60, and the provisions of the Equal Employment Opportunity Clause attached hereto as Exhibit "H", and made a part hereof by this reference. Executive Order 11246 prohibits discrimination on the basis of race, color, religion, sex, or national origin in any phase of employment during the performance of the federally assisted construction contract in excess of $10,000. Any contracts or subcontracts entered into by CONTRACTOR or its subcontractors shall also require compliance with these regulations and will, in all solicitations or advertisements for employees, state that it is an Equal Opportunity/Affirmative Action employer and attach this clause. CONTRACTOR shall keep records and documentation demonstrating compliance with these regulations.

C. Compliance with Davis-Bacon Act. CONTRACTOR shall 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 Part 5, if applicable. Guidance on these regulations is attached hereto as Exhibit “I” and made a part hereof by this reference. A copy of the current Wage

Decision, as amended from time to time, must be attached to any construction contract, subcontract, bid document, or other applicable documents. Any construction contracts and other applicable documents entered into by CONTRACTOR shall include a provision for compliance with the Davis-Bacon Act and supporting Department of Labor regulations.

CONTRACTOR shall include these federal labor standards provisions (HUD-4010 form) and a copy of the current prevailing Davis Bacon wage determination issued by the Department of Labor in each solicitation, construction contract, and other applicable documents and the award of the contract shall be conditioned upon the acceptance of the wage determination and these terms. CONTRACTOR shall ensure that a copy of the Wage Decision and a copy of the Department of Labor poster called “Notice to All Employees” (Form WH-1321) shall be posted at the jobsite in a place that is easily accessible to all of the construction workers employed on the Project. CONTRACTOR shall also require subcontractors to provide labor and payroll data. CONTRACTOR shall maintain documentation and records which demonstrate compliance with these regulations, including contract provisions and payroll records. Unless labor regulations require more frequent submission, such documentation shall be provided for review by the CITY on a weekly basis.

D. Copeland “Anti-Kickback” Act. CONTRACTOR 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 CONTRACTOR over

$100,000 shall include a provision for compliance with these regulations. CONTRACTOR shall maintain documentation and records which demonstrate compliance with these regulations. Such documentation shall be submitted to the CITY for review on a weekly basis.

E. Contract Work Hours and Safety Standards Act. CONTRACTOR agrees 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 CONTRACTOR over $100,000 shall include a provision for compliance with these regulations. CONTRACTOR shall maintain documentation and records which demonstrate compliance with these regulations. Such documentation shall be submitted to the CITY for review on a weekly basis.

F. Handicapped Accessibility Requirements. CONTRACTOR shall design, construct, and rehabilitate the Project so that it is accessible to and useable 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, the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §12131) and its implementing regulations in

28 CFR Parts 35 and 36, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations in 24 CFR Part 8, and all state and local laws requiring physical and program accessibility to people with disabilities. Any contracts entered into by CONTRACTOR shall include a provision for compliance with these regulations. CONTRACTOR shall keep records demonstrating compliance with these regulations.

G. Utilization of Minority/Women’s Business Enterprises. CONTRACTOR must take all necessary affirmative steps to ensure that minority business/women’s business enterprises, and labor surplus area firms are used when possible, including for consideration for participation in all construction, supply or service contracts or in the performance of this

Contract. Affirmative steps must include those items required in 2 CFR §200.321 which include: 1) placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2) assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4) establishing delivery schedules where the requirement permits which encourage participation by small and minority businesses, and women’s business enterprises; 5) using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of

Commerce; and 6) requiring the CONTRACTOR, if subcontracts are to be let, to take the affirmative steps listed in 1-5.

CONTRACTOR shall also comply with Executive Order 11625, as amended by Executive

Order 12007 (Minority Business Enterprises); Executive Order 12432 (Minority Business

Enterprise Development); and Executive Order 12138, as amended by Executive Order

12608 (Women’s Business Enterprise).

Any contracts entered into by CONTRACTOR shall include a provision for compliance with these regulations. CONTRACTOR shall keep records demonstrating compliance with this provision. CONTRACTOR shall keep records demonstrating compliance with this provision, including data indicating the racial/ethnic character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with CDBG funds, data indicating which of those entities are women’s business enterprises as defined in Executive

Order 012138, the amount of the contract or subcontract, and documentation of the affirmative steps CONTRACTOR has taken to assure that minority businesses and women’s business enterprises have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services.

H. Political Activities. CONTRACTOR shall comply with 24 CFR §570.207(a)(3) regarding political activities. CDBG funds shall not be used for lobbying or political patronage activities. CONTRACTOR further agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent be engaged in the conduct of political activities in violation of Chapter 15 of Title V, United States Code

(Hatch Act), or 24 CFR §570.207(a)(3).

I. Anti-Lobbying Provision. CONTRACTOR shall comply with the requirements set forth in 31 U.S.C. §1352 and implementing regulations at 24 CFR Part 87. CONTRACTOR and any subcontractors who apply or bid for an award of $100,000 or more shall execute and comply with the "Certification Regarding Lobbying" attached hereto as Exhibit "J" and made a part hereof by this reference. CONTRACTOR shall execute the "Certification

Regarding Lobbying" and a copy shall be kept in the files of each of the parties of this

Contract.

J. Conflict of Interest. In the procurement of supplies, equipment, construction, and services, CONTRACTOR shall comply with the conflict of interest rules in 2 CFR §200.317 and §200.318. CONTRACTOR agrees and warrants that it will establish and adopt written standards of conduct governing conflicts of interest and the performance of its officers, employees, or agents engaged in the selection, award and administration of contracts supported by these federal funds. At a minimum these safeguards must ensure that no employee, officer or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest.

Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated in 2 CFR §200.318, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of CONTRACTOR must neither solicit nor accept gratuities, favors, or anything of monetary value from CONTRACTORs or parties to subcontracts. These standards of conduct must also provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. If CONTRACTOR has a parent, affiliate, or subsidiary organization, CONTRACTOR must also maintain written standards of conduct covering organizational conflicts of interest.

In all cases not governed by 2 CFR §200.317 and §200.318, CONTRACTOR shall comply with the conflict of interest provisions contained in 24 CFR §570.611. Such cases include the acquisition and disposition of real property and the provision of assistance by

CONTRACTOR to individuals, businesses, and other private entities under eligible activities that authorize such assistance (i.e. rehabilitation). Although this summary does not intend to replace 24 CFR §570.611, essentially this rule states that no “person” described in §570.611(c) who exercise or have exercised any functions or responsibilities with respect to activities assisted with CDBG funds, or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or Contract with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure of for one year thereafter. The “persons” covered in 24 CFR §570.611(c) include employees, agents, consultants, officers, or elected officials or appointed officials of the recipient or of any designated public agencies, or of subcontractors that are receiving

CDBG funds. CONTRACTOR shall also keep records supporting requests for waivers of conflicts.

CONTRACTOR will disclose in writing any potential conflicts of interest to the CITY. By executing this Contract, CONTRACTOR covenants and certifies that none of its employees, officers, or agents described in these regulations have any interest in this

Contract or the Project being rehabilitated or any other interest which would conflict in any manner with this Contract or the performance of the this Contract.

K. Section 3 of the Housing and Urban Development Act of 1968/Equal Opportunity. In accordance with 24 CFR §570.607, projects involving construction where federal funding exceeds $200,000 and any contract or subcontract exceeds $100,000, the CONTRACTOR shall comply with the provisions of Section 3 of the Housing and Urban Development Act of

1968, as amended (12 U.S.C. 1701u), and regulations at 24 CFR Part 135.

1. Section 3 requires that, to the greatest extent possible:

a. Training and employment opportunities shall be made available to low-income residents of the metropolitan area in which the project is located; and

b. Subcontracts shall be awarded to businesses owned by low- income residents or to businesses in which at least 30% of their permanent employees are low-income residents.

2. CONTRACTOR and subcontractors shall be required to provide to the CITY plans for complying with these provisions and reports on the extent to which they have met them.

3. The CONTRACTOR will include this Section 3 clause in every subcontract for work in connection with the project. The CONTRACTOR will not subcontract with any subcontractor where it has notice that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these regulations.

CONTRACTOR shall provide quarterly reports and keep records demonstrating compliance with these regulations.

L. Drug-Free Workplace. CONTRACTOR will provide a drug-free workplace.

CONTRACTOR shall comply with the Drug-Free Workplace Act of 1988 and implementing regulations in 2 CFR Part 2429 regarding maintenance of a drug-free workplace, which adopts and supplements the government-wide implementation in 2 CFR part 182.

CONTRACTOR shall complete and comply with the "Certification Regarding Drug-Free

Workplace Requirements" attached hereto as Exhibit "L" and made a part hereof by this reference. CONTRACTOR shall ensure that the provisions of the clauses in Exhibit “L” are included in all third party contracts, subcontracts, and purchase orders that exceed ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. CONTRACTOR will complete this certification and a copy shall be kept in the files of each of the parties of this Contract.

M. Equal Access/Prohibition of Inquiries on Sexual Orientation or Gender Identity. As required in 24 CFR §5.105, a determination of eligibility for housing that is assisted by HUD shall be made in accordance with the eligibility requirements provided for such program by

HUD and such housing shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.

No owner or administrator of HUD-assisted or HUD-insured housing, approved lender in an FHA mortgage insurance program, nor any (or any other) recipient or CONTRACTOR of HUD funds may inquire about the sexual orientation or gender identity of an applicant for, or occupant of, HUD-assisted housing or housing whose financing is insured by HUD, whether renter- or owner-occupied, for the purpose of determining eligibility for the housing or otherwise making such housing available. This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self-identifying sexual orientation or gender identity. This prohibition on inquires does not prohibit lawful inquires of an applicant or occupant’s sex where the housing provided or to be provided to the individual is temporary, emergency shelter that involves the sharing of sleeping areas or bathrooms, or inquires made for the purpose of determining the number of bedrooms to which a household may be entitled.

N. Resident Aliens. CONTRACTOR shall comply with the requirements set forth in 24

CFR §570.613 regarding eligibility restrictions for certain resident aliens.

O. Debarment and Suspension. CONTRACTOR shall comply with the debarment and suspension requirements set forth in 2 CFR §200.213 and 2 CFR part 180, which implement

Executive Orders 12549 and 12689. CONTRACTOR shall also comply with 24 CFR

§570.609, which requires compliance with 24 CFR Part 5 and 2 CFR part 2424, which adopts and supplements the government-wide implementation in 2 CFR part 180. These regulations prohibit CONTRACTOR from entering into a contract with any person, agency or entity that is debarred, suspended or otherwise excluded from or ineligible for participation in federal assistance programs. In the event that CONTRACTOR has entered into a contract or subcontract with a debarred or suspended party, no CDBG funds will be provided as reimbursement for the work done by that debarred or suspended CONTRACTOR or subcontractor. CONTRACTOR shall keep copies of the debarment and suspension certifications required by 2 CFR Part 2424 and a copy of the sheet documenting that the federal debarment list was checked.

P. Domestic Preference for Procurements. CONTRACTOR shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United

States (including but not limited to iron, aluminum, steel, cement, and other manufactured products) pursuant to 2 CFR §570.609. The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this

Contract.

SECTION 5: GENERAL TERMS AND CONDITIONS

1. Florida Statutes, City Code, and Permits. CONTRACTOR agrees to comply with all laws of the State of Florida and the Kissimmee City Code. In particular, CONTRACTOR and any of its employees shall comply with all licensing, registration, and other applicable regulations governing their ability to administer the services and do the work it provides, and all other applicable building and zoning laws and regulations and obtain all necessary permits for intended improvements or activities for the Project.

2. Contract between CITY and HUD. CONTRACTOR agrees that it shall be bound by the standard terms and conditions used in the CDBG/DEO Contract between CITY and HUD, and such other rules, regulations or requirements as HUD may reasonably impose in addition to the conditions of this Contract or subsequent to the execution of this Contract by the parties hereto.

3. Registration. CONTRACTOR agrees to maintain a current registration in the Federal

System for Award Management (“SAM”) database (http://www.sam.gov) pursuant to the Federal Funding Accountability and Transparency Act (FFATA), P.L. 109-282, as amended by section 6202(a) of P.L. 110-252 and the regulations implementing the

Act at 2 CFR part 25. If CONTRACTOR is not currently registered, it must do so within ten (10) days of the date CONTRACTOR executes this Contract. A unique entity identifier is required for registration. CONTRACTOR must also comply with FFATA, which includes requirements on executive compensation, and implementing regulations in 2 CFR part 170, which includes requirements on reporting sub award and executive compensation information. CONTRACTOR shall complete and sign the

Affidavit attached hereto as Exhibit “M” in conjunction with its execution of this

Contract and provide any supporting documentation, if required.

4. Mandatory disclosures – Violations of Federal criminal law. CONTRACTOR must disclose to the CITY all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338, includes suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. §3321). By executing this Contract, CONTRACTOR warrants and certifies that no such violations of federal criminal law exist that could potentially affect this award.

SECTION 6: STATE LAW PROVISIONS

1. E-VERIFY. In accordance with, §448.095, Florida Statutes, CONTRACTOR shall register with and utilize the E-Verify System operated by the United States Department of Homeland Security to verify the employment eligibility of all new employees hired during the term of the Contract and shall expressly require any sub-contractors performing work or providing services pursuant to this Contract to likewise utilize the E-Verify System to verify the employment eligibility of all new employees hired by the sub-contractor during the term of this Contract. If CONTRACTOR enters into a contract with a sub-contractor performing work or providing services on its behalf, CONTRACTOR shall also require the sub-contractor to provide an affidavit stating that the sub-contractor does not employ, contract with, or subcontract with an unauthorized alien. Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security Web site:

http://www.dhs.gov/E-Verify.

CONTRACTOR shall, upon request, provide evidence of compliance with this provision to CITY. Failure to comply with this provision is a material breach of the Agreement, and CITY may choose to terminate the Agreement at any time at its sole discretion. CONTRACTOR may be liable for all costs associated with CITY securing http://www.dhs.gov/E-Verify the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).

CONTRACTOR, by virtue of acceptance of this Agreement certifies that:

a. CONTRACTOR and its Sub-contractors are aware of the requirements of Florida Statutes § 448.095, and upon request from CITY, provide evidence of such compliance.

b. CONTRACTOR and its Sub-contractors are registered with and using the E- Verify system to verify the work authorization status of newly hired employees.

c. CONTRACTOR will not enter into a contract with any Sub-contractor unless each party to the contract registers with and uses the E-Verify system.

d. Sub-contractor will provide CONTRACTOR with an affidavit stating that Sub- CONTRACTOR does not employ, contract with, or subcontract with unauthorized alien.

e. CONTRACTOR must maintain a copy of such affidavit.

f. CITY may terminate this Contract on the good faith belief that CONTRACTOR or its Sub-contractors knowingly violated Florida Statutes §§ 448.09(1) or 448.095(2)(c).

g. If this Contract is terminated pursuant to Florida Statute §448.095(2)(c), CONTRACTOR may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated.

h. CONTRACTOR is liable for any additional cost incurred by CITY as a result of the termination of this Contract.

2. PUBLIC…