Attachment_B__Draft_Contract.pdf

FY2026-2027 Community Development Block Grant Agreement Public Services Agreement Agency - Program

COMMUNITY DEVELOPMENT BLOCK GRANT

PUBLIC SERVICES AGREEMENT

BETWEEN

BREVARD COUNTY

AND (AGENCY NAME)

FOR (PROGRAM NAME)

THIS AGREEMENT is by and between the Board of County Commissioners of

Brevard County, Florida, a political subdivision of the State of Florida (hereinafter the County), and the AGENCY, a Florida not-for-profit corporation that meets the requirements and is exempt under the United States Internal Revenue Code Section 501(c)(3) having its primary business location at (AGENCY ADDRESS) (hereinafter the Agency).

RECITALS:

WHEREAS, the County has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HUD Act), Public Law 93-383 authorizes the Community Development Block Grant (CDBG) Program, and

WHEREAS, the County is desirous of engaging the Agency to assist the County in utilizing such funds for Public Service Activity Priorities, and

WHEREAS, the County issued a Request for Application RFA-5-26-06 on ____________, to competitively select agencies experienced and qualified to provide public services as outlined in said RFA-5-26-06; and

WHEREAS, the Agency submitted a competitive proposal and was found to have met the experience and qualifications to provide public services as outlined in the Request for Proposal RFA-5-26-06 and recommended by the Selection Committee to receive grant funds for said services; and

WHEREAS, the Agency hereby certifies that it has been granted and possesses valid, current licenses to do business in the State of Florida and Brevard County, Florida, issued by the respective State Board and Government agencies responsible for regulating licensing the professional services to be provided and performed by the Agency pursuant to this AGREEMENT and Request for Proposal RFA-5-26-06; and

WHEREAS, the provision of such services shall mutually benefit the parties hereto and the residents of Brevard County, Florida

NOW THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows:

I. RECITALS:

The above recitals are incorporated into this AGREEMENT by this reference.

II. ADMINISTRATION:

A. The Housing and Human Services Department, a Brevard County Board of

County Commissioners department, administers this AGREEMENT, hereinafter referred to as the Department.

B. Unless stated otherwise by the County, in case of any conflict between the AGREEMENT documents, the order of precedence shall be as follows (as applicable): (1) this AGREEMENT; (2) the Agency’s Application for CDBG Public Service Program; (3) the County’s Request for Application RFA-5-26- 06; and (4) any other associated documents.

III. SCOPE OF SERVICE/WORK:

A. Activities:

The Agency will be responsible for administering the _______ program in a manner satisfactory to the County and consistent with any standards required as a condition of providing funds. Such program will include the activity eligible under the CDBG program specified in Attachment A Agency’s Application, attached hereto and made a part hereof by this reference.

B. National Objectives:

All activities funded with CDBG funds shall meet one of the CDBG program’s

National Objectives:

1. Benefit low- and moderate-income persons; or

2. Aid in the prevention or elimination of slums or blight; or

3. Meet community development needs having a particular urgency, as defined in 24 Code of Federal Regulations (CFR) 570.208.

The Agency certifies that the activity carried out under this AGREEMENT shall meet the benefit to low-and moderate-income persons’ National Objective. Client services are limited to residents from the unincorporated areas of Brevard County outside the boundaries of the cities of Titusville, Cocoa, Melbourne, and Palm Bay. Residents in the County Interlocal Agreement municipalities of Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Village, Palm Shores, Rockledge, and Satellite Beach are also eligible. The Agency shall meet this objective by providing the services specified in the Attachment A Agency’s Application.

C. Level of Accomplishment – Goals and Performance Measures:

The Agency certifies that the activities carried out under this Agreement shall meet the benefit of low and moderate-income persons National Objective. The Agency shall meet this objective by providing services specified in the Agency’s Application (Attachment A).

D. Staffing:

Agency shall make no changes to the Key Personnel, as defined as the Agency’s

President, Chief Executive Officer, Executive Director or Finance Manager, or general responsibilities, as identified in the Agency’s application submitted to the County on INSERT DATE, under this program without County’s written approval.

E. Performance Monitoring/Reports:

The County shall monitor the performance of the Agency against the goals and performance standards as identified in the Agency’s Application for CDBG Public Service Program Funds Attachment A and this AGREEMENT.

Substandard performance as determined in the sole discretion of the County shall constitute noncompliance with this Agreement. If corrective action to cure the noncompliance is not taken by the Agency within a reasonable amount of time as determined in the sole discretion of the County, after notification by the County, this Agreement may be suspended or terminated at the sole discretion of the County. Any failure by the County to make a demand for corrective action shall not be deemed as a waiver by the County to pursue any remedy allowed under this agreement or by law.

IV. TIME OF PERFORMANCE:

The term of this AGREEMENT will begin on October 1, 2026 and continue through

September 30, 2027.

V. BUDGET AND EXPENDITURE GOALS:

UNIT COST BUDGET

DESCRIPTION

OF SERVICE

NUMBER

OF UNITS

COST

PER UNIT

UNIT PROGRAM

TOTAL

TOTAL $

The County may require a more detailed budget breakdown than the one contained herein, and the Agency shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget shall be approved in writing by both the County and Agency, provided the changes are within the identified line items of the original application.

The Agency is responsible for meeting the Monthly/Quarterly Expenditure Schedule. If the schedule is delayed, the agency shall provide a reason in writing and provide the same to the County.

EXPENDITURE SCHEDULE

PERFORMANCE

PERIOD AMOUNT TOTAL PERCENT

EXPENDED

FIRST PERIOD

(10/1/2026-12/31/2026)

$ $ 25%

SECOND PERIOD

(1/1/2027-3/31/2027)

$ $ 50%

THIRD PERIOD

(4/1/2027-6/30/2027)

$ $ 75%

FOURTH PERIOD

(7/1/2027-9/30/2027)

$ $ 100%

TOTAL BUDGET: $

VI. PAYMENT:

For the work the Agency provides under this AGREEMENT, the County shall pay the Agency a total sum not to exceed $00.000.00. The Agency shall be entitled to payment on a reimbursement basis as provided in the Unit Cost Budget and Expenditure Schedule referenced in the Agency’s Application.

The Agency shall use the County’s designated Monthly/Quarterly Request for Reimbursement Form (Attachment B), a copy of which is attached hereto and incorporated by reference, to request payment. The Agency shall request reimbursement on a monthly or quarterly basis. The Performance and Measurable Outcomes Report (Attachment C1 and C2) shall be completed and submitted with each Monthly/Quarterly Request for Reimbursement Form (Attachment B).

The Agency shall submit Monthly/Quarterly reports within fifteen (15) calendar days after the end of the month/quarter for which the Agency is requesting reimbursement using Performance and Measurable Outcomes Report (Attachments C1 and C2) to assist the County in determining whether measurable outcomes are being met.

Each Monthly/Quarterly Request for Reimbursement (Attachment B) shall be accompanied by such documentation or data in support of expenses for which payment is sought, as required by the County. Each invoice shall bear the signature of the Agency or representative, such signature shall constitute the Agency’s representation to the County that the services indicated in the invoice have reached the level as required in this Agreement, have served a public purpose, have been properly and timely performed as required herein, that the expenses included in the invoice have been reasonably incurred in accordance with this agreement and that the amount requested is currently due and owing, and that there being no reason known to the Agency that payment of any portion thereof should be withheld. Brevard County reserves the right to withhold ten percent of each payment request due to the Agency, for the Agency’s failure to meet outcomes or the Agency’s failure to submit required monthly/quarterly reports within the required time frame. Any withheld amount shall be remitted to the Agency upon receipt of documentation that outcomes are being met or upon receipt of the required monthly/quarterly reports.

The Agency shall be entitled to payment on a reimbursement basis as provided in the Conditions and Methods of Compensation (Attachment D), a copy of which is attached hereto and incorporated by reference. The County reserves the right in the County’s sole discretion to deduct from the Agency invoices an amount for nonconforming or other work not included in the Scope of Services and for work not provided but invoiced.

The County shall remit payment in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statute et seq.

The Agency’s final Request for Reimbursement is due on or before October 15, 2027.

VII. ADMINISTRATIVE REQUIREMENTS:

A. Documentation and Record Keeping:

1. Records to be Maintained:

The Agency shall maintain all records required by the Federal regulations specified in 24 Code of Federal Regulations (CFR) 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

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 Community Development Block Grant programs;

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 Community Development Block Grant assistance;

e. Records documenting compliance with the fair housing and equal opportunity components of the Community Development Block Grant program;

f. Financial records as required by 2 Code of Federal Regulations (CFR) Part 200, and 24 Code of Federal Regulations (CFR) 84.21−28; and

g. Other records necessary to document compliance with Subpart K of 24 Code of Federal Regulations (CFR) Part 570.

2. Retention:

The Agency shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of four years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to Housing and Urban Development (HUD) in which the activities assisted under this Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records shall be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.

3. Client Data:

The Agency shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and a description of the service provided. Such information shall be made available to County monitors or their designees for review upon request. All Agencies shall read, sign, and comply with Self-Declaration of Eligibility Form (Attachment E), a copy of which is attached hereto and incorporated by reference, which will be used to document low-and-moderate income persons requirements for CDBG National Objective (at least fifty-one percent of the participants must be low-and-moderate income persons).

4. Disclosure:

The Agency understands that client information collected under this agreement is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or Agency’s responsibilities with respect to services provided under this agreement, is prohibited by the Section 501.171(c), Florida Statutes unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs:

The Agency’s obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balance, and accounts receivables to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Agency has control over Community Development Block Grant funds, including program income.

6. Audits and Inspections:

All Agency records with respect to any matters covered by this Agreement shall be made available to the County, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports shall be fully cleared by the Agency within thirty days after receipt by the Agency. Failure of the Agency to comply with the above audit requirements shall constitute a violation of this agreement and may result in the withholding of future payments. The Agency hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning Agency audits and 2 Code of Federal Regulations (CFR) Part 200 Subpart F.

B. REPORTING AND PAYMENT PROCEDURES:

1. Program Income (if applicable):

The Agency shall report all program income (as defined at 24 Code of Federal Regulations (CFR) 570.500(a)) generated by activities carried out with Community Development Block Grant funds made available under this agreement, if applicable. The use of program income by the Agency shall comply with the requirements set forth at 24 Code of Federal Regulations (CFR) 570.504. By way of further limitations, the Agency may use such income during the agreement period for activities permitted under this agreement and shall reduce requests for additional funds in the amount of any such program income balance on hand. All unexpended program income shall be returned to the County at the end of the agreement period.

Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the County.

2. Indirect Costs (if applicable):

If indirect costs are charged, the Agency shall develop an indirect cost allocation plan for determining the appropriate Agency’s share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County.

C. PROCUREMENT:

1. Compliance:

The Agency shall comply with current County policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (to include but not limited to unexpended program income, property, equipment) shall revert to the County upon termination of this Agreement.

The following procedures should be utilized (if applicable):

a. If the purchase amount is less than $3,000; no formal purchase procedures are required.

b. If the purchase amount is $1,000 or more, the Agency shall solicit formal written bids from a minimum of three vendors.

c. The Agency shall maintain sufficient records to detail the significant history of procurement. These records shall include, but are not limited to, rationale for the method of procurement, selection of vendor and basis for the solicited prices. The Agency shall encourage the solicitation of quotations for purchases from minority- and women-owned business enterprises.

2. Travel:

All approved travel must comply with the County’s Administrative Order AO- 21, “Travel.”

3. Safeguards:

The Agency shall implement procedures to ensure adequate safeguards for preventing loss, damage, or theft of property acquired with Community Development Block Grant funding, as identified by 24 Code of Federal Regulations (CFR) 570.502(a)(8) or 24 CFR 570.502(b).

D. USE AND REVERSION OF ASSETS:

The use and disposition of real property and equipment under this Agreement shall comply with the requirements of 24 Code of Federal Regulations (CFR) Part 84 and 2 Code of Federal Regulations (CFR) Part 200, 570.503, and 570.504, as applicable, which include but are not limited to the following:

1. The Agency shall transfer to the County any Community Development Block Grant funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

2. Real property under the Agency’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the Community Development Block Grant National Objectives pursuant to 24 Code of Federal Regulations (CFR) 570.208 until five years after expiration of this Agreement or such longer period of time as the County deems appropriate. If the Agency fails to use Community Development Block Grant assisted real property in a manner that meets a Community Development Block Grant National Objective for the prescribed period of time, the Agency shall pay 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- Community Development Block Grant funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the County. The Agency may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the County deems appropriate].

3. In all cases in which equipment is acquired, in whole or in part, with funds under this Agreement and said equipment is sold, the proceeds of any sale shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment).

Equipment not needed by the Agency for activities under this Agreement shall be (a) transferred to the County for the Community Development Block Grant program or (b) retained after compensating the County an amount equal to the current fair market value of the equipment less the percentage of non- Community Development Block Grant funds used to acquire the equipment.

VIII. FINANCIAL MANAGEMENT:

A. ACCOUNTING STANDARDS:

The Agency shall comply with 24 Code of Federal Regulations (CFR) 84.21 – 28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. COST PRINCIPLES:

The Agency shall administer its program in conformance with 2 Code of Federal

Regulations (CFR) Part 200 Subpart E, “Cost Principles for Non-Profit Organizations, as applicable. These principles shall apply to all costs incurred, whether charged on a direct or indirect basis.

C. RIGHT TO AUDIT:

The Agency shall keep books, records, and accounts of all activities, related to the

Agreement, in compliance with generally accepted accounting procedures. All books, records and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the County and shall be retained by the Agency for a period of five years after termination of this Agreement and shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs, or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by Agency in the United States or any other country. All records or documents created by the County or provided to the AGENCY, by the County in connection with activities or services provided by AGENCY, under the terms of this agreement, are public records and AGENCY, agrees to comply with any request for such public records or documents made in accordance with Section 119.07 Florida Statutes.

D. AUDIT REQUIREMENTS:

A non-profit organization as defined in 2 Code of Federal Regulations (CFR) Part

200 Subpart F, as revised, and in the event that the AGENCY, expends $750,000 or more in Federal awards in its fiscal year, the AGENCY, shall have a single or program-specific audit conducted in accordance with the Single Audit Act Amendments of 1996, and 2 Code of Federal Regulations (CFR) Part 200 Subpart F, as revised. In determining the Federal awards expended in its fiscal year, the AGENCY, shall consider all sources of Federal awards, including Federal resources received from the County. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 Code of Federal Regulations (CFR) Part 200 Subpart F, as revised. An audit of the Operating Agency conducted by an independent certified public accountant (IPA) licensed under Chapter 473, Florida Statutes, in accordance with the provisions of 2 Code of Federal Regulations (CFR) Part 200 Subpart F, as revised, shall meet the requirements of this section. If the Operating AGENCY expends less than

$750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 Code of Federal Regulations (CFR) Part 200 Subpart F, as revised, is not required. In the event that the Agency expends less than $750,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 Code of Federal Regulations (CFR) Part 200 Subpart F, as revised, the cost of the audit shall be paid from non-Federal resources, such as from the Operating AGENCY’S resources obtained from other than Federal entities.

In accordance with 2 Code of Federal Regulations (CFR) Part 200 Subpart F, as revised, if applicable, the AGENCY, shall submit to the County a copy of the audit and all related responses within one hundred twenty days after termination of this Agreement. If unable to meet the audit deadline, the AGENCY shall submit a written request for an extension approval by the Brevard County Director of Housing and Human Services Department to the following address:

Brevard County Housing and Human Services Department Juanita Jackson, Director

2725 Judge Fran Jamieson Way, Building B-103 Viera, Florida 32940

The Agency shall also provide the County with the records, reports, or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. The Agency shall provide copies of any monitoring conducted during the term of this Agreement, conducted by any agency or agent, and agency responses to such audits or monitoring within thirty days of receipt in order to facilitate County monitoring requirements. All information shall be sent to the address as shown above.

The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the County or its designee, the Comptroller, or the Funding Agency access to such records upon request. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. The AGENCY shall ensure that audit working papers are made available to the County, or its designee, the Comptroller, and Funding Agency upon request for a period of three years from the date the audit report is issued, unless extended in writing by the County.

In the event the audit shows that any or all of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Agency shall reimburse the County of all such funds within thirty days after the County has notified the Agency in writing of such noncompliance.

IX. INDEMNIFICATION:

The Agency shall indemnify and hold harmless the County and its agents and employees from and against all claims, damages, losses, and expenses, including attorney’s fees arising out of or resulting from the performance of its work under this Agreement, where such claim, damage, loss, or expense is caused, in whole or in part, by the act or omission of the Agency, or anyone directly or indirectly employed by the

Agency , or anyone for whose acts any of them may be liable, regardless of whether or not it is caused, in part, by a party indemnified there under. In any and all claims against the County, or any of its agents or anyone directly or indirectly employed by the Agency, or anyone for whose acts any of them may be liable, indemnification obligation under this section shall not be limited in any way by a limitation on the amount or type of damages, compensation or benefits payable by or for the custodial Agency, under workers’ compensation acts, or other related policies of insurance. The parties acknowledge specific consideration has been exchanged for this provision.

Notwithstanding any other provisions of this Agreement, this indemnification section applies to both COUNTY and third-party claims and shall survive the termination of this Agreement. Nothing in this section is intended to nor shall it constitute a waiver of the sovereign immunity of Brevard County. Further, the COUNTY’s liability hereunder shall be subject to the COUNTY’s common law right of sovereign immunity and limited to the extent of the protections of and limitations on damages as set forth in Section 768.28, Florida Statutes.

X. GENERAL CONDITIONS:

A. Independent Contractor:

Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating, or establishing the relationship of employer/employee between the parties. The Agency shall at all times remain an independent agency with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Agency is an independent agency.

B. Insurance and Bonding:

The Agency shall keep in force and at all times maintain during the term of this

Agreement:

1. General Liability Insurance: General Liability Insurance issued by responsible insurance companies and in a form acceptable to the County, with combined single limits of not less than $1,000,000 for Bodily Injury and Property Damage per occurrence.

2. Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of $1,000,000 combined single limits for Bodily Injury and Property Damage per accident.

3. Workers’ Compensation Coverage: Full and complete Workers’ Compensation Coverage, as required by State of Florida law shall be provided. The Contactor shall require any subcontractor to provide evidence of this coverage. A waiver of subrogation in lieu of additional insured status on the Workers is acceptable.

4. Professional Liability Insurance: Policy in the amount of $2,000,000 per claim and $3,000,000 in the annual aggregate covering the risk of negligent errors and omissions in the professional services provided under this Agreement. If such policy is written on a “claims made” (rather than “occurrence”) basis, continuous coverage shall be maintained in effect from the date of commencement of services to a period of at least four years beyond the termination or completion of services or until the expiration of any applicable statute of limitations, whichever is longer.

5. Insurance Certificates: The Agency shall provide the County with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form(s) acceptable to the County.

AGENCY shall have five (5) days to provide Certificates of Insurance and applicable Endorsement pages to the COUNTY demonstrating that the aforementioned insurance requirements have been met prior to the commencement of work under this contract. The Certificate of Insurance shall indicate that the policies have been endorsed to cover the County as additional insured (a waiver of subrogation in lieu of additional insured status on the workers compensation policy is acceptable) and that these policies may not be canceled or modified without thirty (30) days prior written notice to the County.

PURSUANT TO SECTIONS 558.002 AND 558.0035, FLORIDA STATUTES, A DESIGN

PROFESSIONAL WHO IS AN EMPLOYEE OR AN AGENT OF CONTRACTOR MAY NOT BE HELD

INDIVIDUALLY LIABLE FOR NEGLIGENCE IF AGENCY MAINTAINS THE PROFESSIONAL

LIABILITY INSURANCE REQUIRED ABOVE AND THE DAMAGES ARE SOLELY ECONOMIC IN

NATURE AND DO NOT EXTEND TO PERSONAL INJURIES OR PROPERTY NOT SUBJECT TO

THIS AGREEMENT.

The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the liability of the AGENCY under the terms of the agreement.

C. Amendments:

This Agreement, together with the Application and any attachments, task assignments, and schedules, constitute the entire Agreement between the County and the Agency and supersedes all prior written or oral agreements or understandings. This Agreement, the Application, and any attachments, task assignments and schedules may only be amended, supplemented, or canceled by a written instrument duly executed by both parties hereto. The Brevard County Director of Housing and Human Services shall have the authority to execute modifications up to $50,000. For any modification that exceeds $50,000 the Chairperson of the Board of County Commissioners or County Manager shall have the authority to execute the modification, as allowed by law.

D. Public Records:

Pursuant to Section 119.0701, Florida Statutes, a request to inspect or copy public records relating to this Agreement must be made directly to the County. If the County does not possess the requested records, the County shall immediately notify the Agency of the request and the Agency shall provide the records to the County or allow the records to be inspected or copied within twenty-four hours (not including weekends or legal holidays) of the request so the County can comply with the requirements of Chapter 119, Florida Statutes, Florida Public Records Law. The Agency may also provide a cost estimate to produce the requested documents consistent with the policy set forth in Brevard County Administrative Order AO-47, incorporated herein by this reference. A copy of AO-47 is available upon request from the County’s public records custodian designated below.

If the Agency fails to provide the requested public records to the County within a reasonable time, the Agency may face civil liability for the reasonable cost of enforcement incurred by the party requesting the records and may be subject to criminal penalties pursuant to Section 119.10, Florida Statutes. The Agency’s failure to comply with public records requests is considered a material breach of this Agreement and grounds for termination. If the Agency claims certain information is exempt and/or confidential, it must cite specific statutory provisions or case law in order to justify the removal or redaction of said information.

Should the County face any legal action to enforce inspection or production of the records within the Agency’s possession and control, the Agency agrees to indemnify the County for all damages and expenses, including attorney’s fees and costs. The Agency shall hire and compensate attorney(s) to represent the Agency and County in defending such action. The Agency shall pay all costs to defend such action, and any costs and attorney’s fees awarded pursuant to Section 119.12, Florida Statutes.

IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER

119, FLORIDA STATUTES, TO THE AGENCY’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS LANESHA WHITE, 2725 JUDGE FRAN JAMIESON WAY, B-103,

VIERA, FL 32940, LANESHA.WHITE@BREVARDFL.GOV, AT (321) 633-2076.

E. Attorney’s Fees:

In the event of any legal action to enforce the terms of this Agreement each party shall bear its own attorney’s fees and costs.

F. Governing Law:

This Agreement shall be governed, interpreted, and construed according to the laws of the State of Florida.

G. Compliance with Statutes:

The Agency shall be aware of and shall comply with all federal, state local laws, and County policies.

H. Compliance with ADA of 1990:

The Agency shall comply with the Americans with Disabilities Act of 1990 (PL101-

336), as amended and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold harmless, and indemnify the County from and against any and all liability for any noncompliance on the part of the Agency.

I. Venue/Waiver of Jury Trial:

Venue for any legal action by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Brevard County, Florida and any trial shall be non-jury.

J. Assignments:

Agency shall not assign any portion of this Agreement without the prior written permission of the County.

K. Suspension or Termination:

In accordance with 24 Code of Federal Regulations (CFR) 85.43, the County may suspend or terminate this Agreement if the Agency materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following:

1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

2. Failure, for any reason, of the Agency to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement;

or,

4. Submission by the Agency to the County reports that are incorrect or incomplete in any material respect.

In accordance with 24 Code of Federal Regulations (CFR) 85.44, this Agreement may also be terminated for convenience by either the County or the Agency, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. The Agency shall provide written Notice of intent to terminate this agreement in accordance with Section XIII no less than sixty days before the proposed termination effective date. However, if in the case of a partial termination, the County determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the County may terminate the award in its entirety.

Such termination is effective upon the party’s receipt of the Notice of Termination.

Any work completed or services provided prior to the date of termination shall, at the option of the County, become the property of the County. The County is only responsible for payment for services provided prior to the effective date of termination. The County may also terminate this Agreement with twenty-four hours written notice based upon our availability of funds as determined by evaluation of the departmental expenditure goals, compliance with these agreement terms, and regulatory compliance by the Brevard County Director of Housing and Human Services Department.

L. UNAUTHORIZED ALIEN WORKERS AND EMPLOYMENT ELIGIBILITY

(E-VERIFY):

14.1. Unauthorized Alien Workers. The COUNTY will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 United States Code Section 1324 (a) of the Federal Immigration and Nationality Act. The COUNTY shall consider a contractor’s intentional employment of unauthorized aliens as grounds for immediate termination of this Agreement.

14.2. The CONTRACTOR shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. All contractors shall meet this requirement unless they are a sole proprietor who does not hire employees and therefore is not required to file a Department of Homeland Security Form I-9 or the Contract is being executed with a company based outside of the United States of America and does not have a corporation or office within the United States of America and does not employ United States of America citizens.

14.3. Upon request, the CONTRACTOR agrees to provide a copy of the E- Verify Memorandum of Understanding signed by the CONTRACTOR and the Department of Homeland Security.

14.4. CONTRACTOR agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the COUNTY consistent with the terms of CONTRACTOR’s enrollment in the program. This includes maintaining a copy of proof of CONTRACTOR’s and any subcontractors' enrollment in the E-Verify Program.

14.5. Compliance with the terms of this section is made an express condition of this Contract and the COUNTY may treat a failure to comply as a material breach of this Contract.

14.6. A contractor who registers with and participates in the E-Verify program may not be barred or penalized under this section if, as a result of receiving inaccurate verification information from the E-Verify program, the contractor hires or employs a person who is not eligible for employment.

14.7. Nothing in this section may be construed to allow intentional discrimination of any class protected by law.

M. Systematic Alien Verification for Entitlements (SAVE) The Agency must use SAVE, or an equivalent verification system approved by the

Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States.

N. Scrutinized Companies List:

By executing this Agreement, the Agency hereby certifies that it and its subagencies are not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or are engaged in a boycott of Israel.

Section 287.135, Florida Statutes. If the County determines the Agency submitted a false certification under Section 287.135(5), Florida Statutes, or if the Agency has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall either terminate the agreement after it has given the Agency notice and an opportunity to demonstrate the County’s determination of false certification was in error pursuant to Section 287.135(5)(a) Florida Statutes, or on a case-by-case basis the County may choose to maintain the agreement if the conditions of Section 287.135(4) Florida Statutes are met.

O. Federal Tax Identification Number:

The Agency shall provide to the County the Agency’s Federal Tax ID Number or, if the Agency is a sole proprietor, a Social Security Number.

P. Conflict of Interest:

1. The Agency agrees to abide by the provisions of 24 Code of Federal Regulations (CFR) 84.42 and 570.611, which include but are not limited to the following:

a. The Agency shall maintain a written code of standards of conduct that shall govern the performance of its officers, employees or agents engaged in the ward and administration of agreements supported by Federal funds.

b. No employee, officer or agent to the Agency shall participate in the selection, or in the award, or administration of, an agreement supported by Federal funds if a conflict of interest, real or apparent, would be involved.

c. No covered persons who exercise or have exercised any functions or responsibilities with respect to Community Development Block Grant-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any agreement, or have a financial interest in any agreement, subcontract, or agreement with respect to the Community Development Block Grant -assisted activity, or with respect to the proceeds from the Community Development Block Grant -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one year thereafter. For purposes of this section, a covered person includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County, Agency, or any designated public agency.

2. The Agency shall not engage the services of any person or persons now employed by the County, including any department, agency, board or commission thereof, to provide services relating to this Agreement without written consent from the County.

3. The Agency shall not accept gratuities, favors or anything of monetary value from the agency, potential agencies, or parties to sub-agreements.

4. The Agency shall not award an agreement or subcontract under this Agreement to any company who the Agency has a financial or any other interest in, including but not limited to employing an employee of the Agency or any member of an employee’s, agents, or officer’s immediate family.

5. No Agency, including officers, employees, agents, consultants or elected or appointed officials, may occupy a unit unless approved by the County.

Q. Public Entity Crimes:

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as an Agency, supplier, subcontractor, or consultant under an agreement with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty-six months from the date of being placed on the convicted vendor list.

R. Information Release/Grantor Recognition:

News releases, publicity releases, or advertisements relating to this Agreement, or the tasks or projects associated with the project, shall be submitted in writing to the County and be approved in advance of any release or publication. Any release or advertisement advertising or publicizing the lease shall be approved by the County in advance. Releases shall identify the funding entity as well as the funding source.

S. Debarment and Suspension:

Brevard County will not intentionally award agreements to any agency or its contractors and/or subcontractors that:

1. Have been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State or local Department or agency;

2. Have, within a three year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or agreement under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in subsection 2 above; and

4. Have, within a three-year period preceding this application/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default.

5. AGENCY has provided the County with a Certification Regarding Debarment and Suspension. In accordance with the Certification Regarding Debarment and Suspension, AGENCY, shall provide the County with the same document completed for all lower tier covered transactions (such as transactions with sub-Counties and/or Agencies and/or subcontractors) and in all solicitations for lower tier covered transactions in accordance with 45 Code of Federal Regulations (CFR) Part 76.

T. Construction Agreement:

The parties hereby acknowledge that they fully reviewed this Agreement, its attachments and had the opportunity to consult with legal counsel of their choice, and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement.

U. Provisions Related to Other Federal Requirements:

Other Federal Requirements governing this Community Development Block Grant

Agreement are contained in and identified as Attachment G Community Development Block Grant Federal Requirements, a copy of which is attached hereto and incorporated by reference.

XI. SEVERABILITY:

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

XII. ATTACHMENTS:

In the performance of this Agreement, the Agency shall comply with all the requirements of the following attachments:

Attachment A: CDBG Public Services Program Application Attachment B: Request for Reimbursement Attachment C1 and C2: Performance and Measurable Outcomes Reports Attachment D: Conditions and Methods of Compensation Attachment E: Eligibility Form Attachment F: Community Development Block Grant Federal Requirements

XIII. NOTICES:

Notice under this Agreement shall be given by certified mail or hand delivery as follows: Ms. Juanita Jackson, Director, Housing and Human Services Department, 2725 Fran Jamieson Way, Building B, Viera, Florida, 32940 and Notice shall be given to the agency by certified mail or hand delivery as follows: (NAME/TITLE), (AGENCY NAME), (AGENCY ADDRESS, CITY, Florida, (ZIP CODE).

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written.

Reviewed for Legal Form and Content:

By: ___________________________ L. Rebecca Behl, Esq.

Assistant County Attorney

BOARD OF COUNTY COMMISSIONERS OF

BREVARD COUNTY, FLORIDA

By: __________________________________ Chairman, County Manager, Assistant County Manager, Department Director

Date: ________________________________

As approved by the Board on _____________

WITNESS: AGENCY

___________________________ By: _________________________________ Signature Signature of Authorized Signer

___________________________ DATE: ____________________________

Name and Title

Name and Title Name of Company Mailing Address City, State, Zip Code Area Code/Telephone Number

D. USE AND REVERSION OF ASSETS: