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Contract I CONSTRUCTION CONTRACT THIS AGREEMENT is made this day of __________, 20_, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property & Procurement, on behalf of the Department of Sports Parks, and Recreation (hereinafter referred to as “Government”) and Polaris USVI, LLC (hereinafter referred to as “Contractor”). WITNESSETH: WHEREAS, the Government is in need of a contractor to furnish all labor, materials and equipment necessary for the Repair and Renovation of Fort Frederik Beach Pavilion and Bath House, St. Croix, U.S. Virgin Islands in strict accordance with the plans and specifications (incorporated by reference and made a part of this contract), which duties and responsibilities are more particularly described in Addendum I, (Scope of Work), Addendum 11 (General Provisions and Warranties together with the additional General Provisions — Construction), Addendum III (Termination of Contracts), Addendum IV (Compensation), Addendum V (Provisions from 2 CFR 200 — Appendix II) and Addendum VI (HUD Rider) attached hereto; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; NOW THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: 1. SERVICES The Contractor will provide the services described more particularly in Addendum I (Scope of Work) incorporated herein by reference and made a part of this construction contract. 2. TERM This Contract shall commence upon execution by the Commissioner of the Department of Property and Procurement and shall terminate within Ninety (90) calendar days from the issuance of the formal Notice to Proceed, or in accordance with an agreed upon extension pursuant to the General Provisions. 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Addendum I, agrees to pay the Contractor the sum of Two Hundred Thirty-Six Thousand, Seven CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC21 (C) OPCMR 1 1st October 21 OPCMR Hundred Seventy-Four Dollars and Thirty-Seven Cents ($236,774.37) in accordance with the provisions set forth in Addendum IV (Compensation), attached hereto is hereby incorporated by reference and made a part of this contract. 4. LIQUIDATED DAMAGES It is hereby expressly agreed by the parties hereto that in the event the Contractor has not completed the scope of work under the term set forth in Paragraph 2 hereof, One Hundred Dollars and Zero Cents ($100.00) for each calendar day or portion thereof shall be due the Government. The liquidated damages shall first be deducted from any contract monies due, but not yet paid to the extent available. V 5. RECORDS The Contractor will present documented, precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to Contractors doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. Certified copies of all documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the termination of this Contract, or at the Government’s request, during the life of the contract. The above-described materials shall not be used by Contractor or by any other person or entity except upon the written permission of the Government. V 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, firms, associations or corporations for the acts, omissions, responsibilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its servants, agents or independent contractors. CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 2 OPCMR 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this contract without the prior written approval of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend, and hold harmless the Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which the Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 11. INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as an independent contractor, and nothing herein contained shall be construed to be inconsistent with this relationship or status. 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction and venue are exclusive in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification, or amendment of any term, condition or provision of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification, or amendment. Any such waiver, modification, or amendment in any instances shall in no event be construed to be a general waiver, modification, or amendment of any of the terms, conditions, or provisions of this Contract, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written or oral. CO29SPRC21 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2I(C) 3 OPCMR 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms, hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as the Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, the Government may apply such sums in such manner as the Government may deem proper to secure itself or to satisfy such claims. The Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. 17. TERMINATION Either Party will have the right to terminate this contract with cause on ten (10) days written notice to the other party specifying the date of termination. The attached “Addendum III- Termination of Contracts for the Convenience of the Government” is hereby fully incorporated herein by reference and is made a part of this agreement. 18. PARTIAL TERMINATION The performance of work under this contract may be terminated by the Government in part, whenever the Government shall deem such termination advisable by providing ten (10) days written notice to the Contractor. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the ten (10) days’ notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 4 OPCMR (a) Contractor covenants that it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to perform under this Contract. (b) Contractor further covenants that it is: (1) not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature or any other elected territorial official; or an officer or employee of the legislative, executive, or judicial branch of the Government or any agency, board, commission, or independent instrumentality of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 3, Chapter 37, Virgin Islands Code, pertaining to conflicts of interest, including the penalties provisions set forth in section 1108 thereof; (ii) not made, negotiated or influenced this contract, in its official capacity; and (iii) no financial interest in the contract as that term is defined in section 1101, (1) of said Code chapter. 21. EFFECTIVE DATE The effective date of this Contract is upon the execution by the Commissioner of the Department of Property and Procurement. 22. NOTICE Calvert White Commissioner CO29SPRC21(PUSVIL) IFBO24SPRC2 1(C) Department of Sports, Park, and Recreation 8201 Sub Base, Suite 206 St. Thomas, VI 00802 Contractor’s Initials _____ Any notice required to be given by the terms of this Contract shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Anthony D. Thomas Commissioner Department of Property and Procurement 8201 Sub Base, Suite 4 St. Thomas, VI 00802 5 OPCMR CONTRACTOR Anthony Iwu Director of Caribbean Operations Polaris USVI LLC 36 Castle Coakley Christiansted, St. Croix, VI 00820 23. LICENSURE The Contractor covenants that it has: a. obtained all of the applicable licenses or permits, temporary or otherwise, as required by Title 27 of the Virgin Islands Code; and b. familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations. 24. CONTRACTOR’S REPRESENTATIONS The Contractor agrees that it is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of the Contract, and that it has been engaged in and now does such work and represents that it is fully equipped, competent, and capable of performing the work and is ready and willing to perform such work. The Contractor agrees further to begin work not later than the date indicated on the formal Notice to Proceed and complete the work within the number of days specified in the proposal or as extended in accordance with the General Provisions of the Contract. The Work shall be done under the direct supervision of the Government, and in accordance with the laws of the Government and it Rules and Regulations thereunder issued and any and all applicable federal rules and regulations. The parties hereto agree that this contract shall, in all instances, be governed by the Laws of the Government of the Virgin Islands. 25. WARRANTY OF NON-SOLICITATION The Contractor expressly warrants that it nor its officers, agents or employees has employed no person to solicit or obtain this contract on its behalf, or to cause or procure the same to be obtained upon compensation in any way, contingent, in whole or in part, upon such procurement, and that it nor its officers, agents or employees has not paid, or promised or agreed to pay to any person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission, or percentage upon the amount receivable by him hereunder; and that it nor its officers, agents or employees has not, in estimating the contract price demanded by it included any sum by reason of such brokerage, commission or percentage; CO29SPRC2 I (PUSVIL) Contractor’s Initials ______ IFBO24SPRC21 (C) 6 * and that all monies payable to it hereunder are free from obligation to any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. Breach of the warranty shall give the Government the right to terminate this Contract, or in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage or contingent fees. \ 26. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer, department, board, commission, or other agency thereof, knowing such claim to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is an offense under Virgin Islands law. 27. DEBARMENT CERTIFICATION By execution of this contract, the Contractor certifies that it is eligible to receive contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON-PROCUREMENT.” In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. 28. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. 29. DAVIS BACON ACT Contractor hereby agrees that it shall comply with all rulings and interpretations of the Davis-Bacon Act (40 USC 276a-5) and that the contractor and subcontractor agrees that all employees shall be paid the local prevailing wages as established by Virgin Islands statutes and laws. CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 7 OPCMR OPCMR 30. OTHER PROVISIONS Addendum I (Scope of Work) Addendum II (General Provisions and Warranties), Addendum III (Termination of Contracts), Addendum IV (Compensation) and Addendum V (Provisions from 2 CFR 200 — Appendix II) and Addendum VI (HUD Rider) attached hereto are hereby incorporated by reference and made a part of this contract. 31. INSURANCE Contractor shall maintain the following insurance coverages during the term of this Contract: (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than Three Hundred Thousand Dollars ($300,000.00) for any one person per occurrence for death or personal injury and Three Hundred Thousand Dollars ($300,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 32. PAYMENT AND PERFORMANCE BONDS The Contractor shall comply with the following minimum bonding requirements: (a) A performance bond to secure Contractor’s obligations and performance under the contract for 100% of the Contract price; and (b) A payment bond to assure payment to all persons supplying labor and material in the execution of the work provided for in the contract for 100% of the Contract price. CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC21 (C) 8 IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS Calvert White Date:6/14/2021 Commissioner Department of Sports, Park, and Recreation Anthony D. Thomas Commissioner Department of Property and Procurement Date: CONTRACTOR Anthony Iwu, Dir. Of Caribbean Operations Polaris USVI, LLC Date: 5/25/202 1 (Coiporate seal, f Contractor is a corporation) APPROVED AS TO LEGAL SUFFICIENCY AT THE DEPARTMENT OF JUSTICE BYACistant Attorney General Date 9/2/2021 Purchase Order No. I CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) 9 Contractor’s Initials _____ OPCMR 9/4/2021 Addendum I I. OPCMR / Addendum I Scope of Work CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) 10 Contractor’s Initials _____ OPCMR SECTION 2- SCHEDULE OF PRICES GOVERNMENT OF THE VIRGIN ISLANDS. DEPARTMENT OF SPORTS. PARKS. AND RECREATION FORT FREDERIK BEACH Parcels 40GB & 4OGC Estate La Grange. St Croix, U.S. Virgin Islands DESCRIPTION UNIT ESTIMATED UNIT TOTAL TOTAL TOTAL QUANTITIY PRICE LABOR MATERIAL DIVISION I -GENERAL REQUIREMENTS 1 GENERAL CONDITIONS (100 MAXIMUM OF BID LS I $ 21,348,60 $ 21,348.60 $ - $ 21,348.60 2 MOBILIZATION (10% MAXIMUM OF BID) LS 1 $ 11,704.70 $ 8,162.70 $ 3,542.00 $ 11,704.70 DIVISION2-EXISTING CONDITIONS 3 SILT FENCING LF 177 $ 10.73 $ 1,803.20 $ 96,01 $ 1,899.21 4 SELECTIVE DEMOLITION — BUILDINGS LS 1 $ 16,357.60 $ 14,425.60 $ 1,932.00 $ 16,357.60 DIVISION3-CONCRETE 5 CONCRETE FOOTINGS CY $ 2,769.20 $ 6,762,00 $ 4,314.80 $ 11,076.80 6 CONCRETECOLUMNS CY 13 $ 724.67 $ 4,508.00 $ 4,912.71 $ 9,420.71 7 CONCRETEBEAMS CY 13 $ 1,510.92 $ 6,118.00 $ 13,523.96 $ 19,641.96 S CONCRETE/STUCCOPATCHING LS I $ 5,538.40 $ 3,606.40 $ 1,932.00 $ 5,538.40 DIVISION 6- WOODS AND PLASTICS 9 ROOFFRAMING SF 1348,000 $ 37.47 $ 27,048.00 $ 23,461.56 $ 50,509.56 10 LATTICE FRAMING SF 480 $ 19.06 $ 5,409.60 $ 3,739.20 $ 9,148.80 CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials ______ 11 OPCMR DESCRIPTION UNIT ESTIMATED UNIT TOTAL TOTAL TOTAL QUANTITIV PRICE LABOR MATERIAL DIVISION 7 -THERMAL AN]) MOISTURE PROTECTION METAL ROOFING, FLASHING, AND ICE & WATER SHIELD SF 1348 $ 2024 $ 11,720.10 $ 15,562.72 $ 27,283.52 GUTTERS LF 200 $ 32,20 $ 3,220.00 $ 3,220.00 $ 6,440.00 DOW’NSPOUT LF $ 32.20 $ 92736 $ 611.24 $ 1,545.60 DIVISION 8 —FINISHES PAINTING BATHHOUSE LS I $ 4,331.90 $ 3,606.40 $ 724,51 $ 4,330.90 PAINTING UNDERSIDE OF PAVILION STRUCTURES SF 1,600 $ 4,83 $ 6,440,00 $ 1,288,00 $ 7,728,00 PAINTING COLUMNS AND BEAMS SF 1,033 $ 4.55 $ 3,326.26 $ 1,373.89 $ 4,700.15 REPLACEMENT TILE BENCH LS I $ 1,915.90 $ 1,352.40 $ 563.50 $ 1,915.90 NEW’ BATHHOUSE CEILING SF 496 $ 15.45 $ 5,589.92 $ 2,073.21 $ 7,663,20 DIVISION 23- HVAC EXHAUST AND DUCTWORK EACH 2 $ 1,510.18 $ 1,851.50 $ 1,161.16 $ 3,020.36 CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials _____ 12 OPCMR SECTION 2- SCHEDULE OF PRICES GOVERNMENT OF THE VIRGIN ISLANDS. DEPARTMENT OF SPORTS, PARKS, AND RECREATION FORT FREDERIK BEACH PareIs 40GB & 4OGC Estate La Granee. St Croix, U.S. Viroin Islands DESCRIPTION UNIT ESTIMATED UNIT TOTAL TOTAL TOTAL QUANTITIY PRICE LABOR MATERIAL DIVISION 26- ELECTRICAL 20 SERVICE.WIRINGANDPANELS LS I $ 1,28800 $ 1,288,00 $ $ 1,288.00 21 LIGHTINGANDCONTROLS LS 1 $ 12,52097 $ 4,250,40 $ 8,270.57 $ 12,520.97 22 ELECTRICAL BOXES, OUTLETS. SWITCHES AND FACE PLATES LS I $ 1,691.43 $ 1,191.40 $ 500.03 $ 1,691.43 TOTAL TOTAL BID $143,956.54 $ 92,817.83 $236,774.37 Divisions, units, and quantities shown on this schedule are estimates only. Bidder is solely responsible for determining the required labor and materials to complete the work as described in the contract documents, CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials ______ 13 Addendum .11 Addendum II General Provisions and Warranties Additional General Provisions — Construction OPCMR CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) 14 Contractor’s Initials _____ OPCMR GENERAL PROVISIONS (CONSTRUCTION CONTRACT) 1. DEFINiTIONS (a) The term “Contracting Officer” as used herein means the person executing this contract on behalf of the Government and includes a duly appointed successor or authorized representative. 2. SPECIFICATIONS AND DRAWINGS The Contractor shall keep on the work a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy either in the figures, in drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such determination shall be at his own risk and expense. The Contracting Officer shall furnish from time to time such detail drawings and other information as he may consider necessary, unless otherwise provided. 3. CHANGES (a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be change order, make any change in the work in the general scope of the contract, including but not limited to changes: (i) In the specifications (including drawings and designs): (ii) In the method or manner of performance of the work; (iii) In the Government-furnished facilities, equipment, materials, services, or site, or (iv) directing acceleration in the performance of the work (b) Any other written order or an oral order (which terms as used in this paragraph (b) shall include CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) direction, instruction, interpretation, or determination) from the Contracting Officer, which causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the Contracting Officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order. (c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. (d) If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, That except for claims based on defective specifications, no claim for any change under (b) above shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required: And provided further, That in the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increase cost reasonably incurred by the Contractor in attempting to comply with such defective specifications. (e) If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under (a) above or the furnishing of a written notice under (b) above, submit to the Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Government. The statement of claim hereunder may be included in the notice under (b) above. (I) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contTact. Contractor’s Initials _____ 15 OPCMR 4. DIFFERING SITE CONDITIONS (a) The Contractor shall promptly, and before such conditions are disturbed, notify the Contracting Officer in writing of: (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing material from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The Contracting Officer shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. (b) No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in (a) above; provided, however, the time prescribed therefore may be extended by the Government. (c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. 5. TERMINATION FOR DEFAULT—DAMAGES FOR DELAY—TIME EXTENSIONS (a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the Government may, by written notice to the Contractor, terminate his right to proceed with the work of such part of the work as to which there has been delay. In such event the Government may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work necessary, therefore. Whether or not the Contractor’s right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the government resulting from his refusal or failure to complete the work within the specified time. CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) (b) If fixed and agreed liquidated damages are provided in the contract and if the Government so terminates the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. (c) If fixed and agreed liquidated damages are provided in the contract and if the Government does not so terminate the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted. (d) The Contractor’s right to proceed shall not be so terminated nor the Contractor charged with resulting damage if: (1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers; and (2) The Contractor, within 10 days from the beginning of such delay (unless the Contracting Officer grants a further period of time before the date of final payment under the contract,) notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of any delay and extent the time for completing the work when, in his judgment, the findings of facts justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in Clause 6 of these General Provisions. Contractor’s Initials ______ F - 16 (e) If, after notice of termination of the Contractor’s right to proceed under the provisions of this clause, it is determined for any reason that the Contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause provided for termination for convenience of the Government, be the same as if the notice for termination had been issued pursuant to such clause. If, in the foregoing circumstances, this contract does not contain a clause providing for termination for convenience of the Government, the contract shall be equitable adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled “Disputes.” (f) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract. (g) As used in Paragraph (d) (I) of this clause, the term ‘Subcontractors or Suppliers’ means Subcontractors or Suppliers at any tier. 6. DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision ofthe Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the head of the Agency involved. The decision of the head of the agency or his duly authorized representative for the determination if such appeals shall be final and conclusive. This provision shall not be pleaded in any suit involving a question of fact arising under this contract as limited judicial review of any such decision to cases where fraud by such official or his representative or board is alleged: Provided, CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer’s decision. (b) This Disputes clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) above. Nothing in this contract, however, shall be constructed as making final the decision of any administrative official, representative, or board on a question of law. 7. PAYMENTS TO CONTRACTOR (a) The government will pay the contractor price as hereinafter provided. (b) The Government will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis of determining progress payments. In the preparation of estimates the Contracting Officer, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site inay also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the Contractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. (c) In making such progress payments, there shall be retained 10 percent of the estimated amount until final completion and acceptance of the contract wor Contractor’s Initials _______ OPCMR 17 However, if the Contracting Officer, at any time after 50 percent of the work has been completed, finds that satisfactory progress is being made, he may authorize any of the remaining progress payments to be made in full. Also, whenever the work is substantially complete, the Contracting Officer, if he considers the amount retained to be in excess of the amount adequate for the protection of the Government, at his discretion, may release to the Contractor all or a portion of such excess amount. Furthermore, on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made therefore without retention of a percentage. (d) All material and work covered by progress payments made shall thereupon become the sole property of the Government, by this provision shall not be construed as relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or a waiving the right of the Government to acquire the fulfillment of all the terms of the contract. (e) Upon completion and acceptance of all work, the amount due to the Contractor under this contract shall be paid upon the presentation of a properly executed voucher and after the Contractor shall have furnished the Government with a release, if required, of all claims against the Government arising by virtue of this contract, other than claims in stated amounts as may be specifically excepted by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203,41 U.S.C. 15), a release may also be required of the assignee. 8. ASSIGNMENT OF CLAIMS (a) If this contract provides from payments aggregating SI ,000 or more, claims for moneys due or to become due to the Contractor from the Government under this contract may be assigned to a bank, trust company. or other financial institution, including any Federal lending agency and may thereafter be further CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) 18 assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due to become due under this contract shall not, to the extent provided in said Act. as amended, be subject to reduction or setoff. 9. MATERIAL AND WORKMANSHIP (a) Unless otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment, material, article, or patented process, by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limited competition, and the Contractor may, at his option, use any equipment, material, article, or process which, in the judgment of the Contracting Officer is equal to that named. The Contractor shall furnish to the Contracting Officer for his approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature, and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the work. When required by this contract or when called for by the Contracting Officer, the Contractor shall furnish the Contracting Officer for approval full information concerning the material or articles which he contemplated incorporating in the work. When so directed, samples shall be submitted for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles installed or used without required approval shall be at risk of subsequent rejection. (b) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the Contractor to Contractor’s Initials ______ OPCMR remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. 10. INSPECTION AND ACCEPTANCE (a) Except as otherwise provided in this contract, inspection and test by the Government of material and workmanship required by this contract shall be made at reasonable times and at the site of the work, unless the Contracting Officer determines that such inspection or test of material which is to be incorporated in the work shall be made at the place of production, manufacture, or shipment of such material. To the extent specified by the Contracting Officer at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved conforms to the contract requirements. Such off-site inspection or test shall not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the Government after acceptance of the completed work under the terms of paragraph (f) of this clause, except as hereinabove provided. (b) The Contractor shall, without charge, replace any material or correct any workmanship found by the Government not to conform to the contract requirements, unless in the public interest the Government consents to accept such material or workmanship with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (c) If the Contractor does not promptly replace rejected material or correct rejected workmanship, the Government (1) may, by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, or (2) may terminate the Contractor’s right to proceed in accordance with Clause 5 of these General Provisions. (d) The Contractor shall furnish promptly, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) the Contracting Officer. All inspection and test by the Government shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and performance tests shall be performed as described in this contract. The Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (e) Should it be considered necessary or advisable by the Government at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, an equitable adjustment shall be made in the contract price to compensate the Contractor for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted suitable extension of time. (I) Unless otherwise provided in this contract, acceptance by the Government shall be made as promptly as practicable after completion and inspection of all work required by this contract. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Government’s rights under any warranty or guarantee. 11. SUPERINTENDENCE BY CONTRACTOR The Contractor shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the Contracting Officer, on the work at all times during progress, with authority to act for him. 12. PERMITS AND RESPONSIBILITIES The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and muni p Contractor’s Initials _______ OPCMR 19 OPCMR laws, codes, and regulations, in connection with the prosecution of the work. He shall be similarly responsible for all damages to persons or property that occur as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which therefore may have been accepted. 13. CONDITIONS AFFECTING THE WORK The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the work without additional expense to the Government. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract, unless such understanding or representations by the Government are expressly stated in the contract. 14. OTHER CONTRACTS The Government may undertake or award other contracts for additional work, and the contractor shall fully cooperate with such other contactors and Government employees and carefully fit his own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees. 15. PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, arising out of the performance of this contract or out of the use or disposal by or for the account of the Government of suppliers furnished or construction work performed hereunder. CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) 16. ADDITIONAL BOND SECURITY If any surety upon a bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 17. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 18. OFFICIALS NOT TO BENEFIT No member of the Legislature or members of Congress shall be admitted to any share or part of this contract, or to any benefit that may arise there from; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 19. UTILIZATION OF SMALL BUSINESS CONCERNS (a) It is the policy of the Government as declared by the Legislature that a fair proportion of the purchases and contracts for suppliers and services for the Government be placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract. Contractor’s Initials ______ 20 (c) Contractor shall hire, in addition to any other employee he may retain, apprentices or trainees or both for the performance of the work hereunder, the total number of which shall be determined by the Director of the Division of Apprenticeship and Training upon the basis of one (1) Apprentice (or Trainee) for the first journeyman steadily employed, and one (1) additional Apprentice (or Trainee) for every two (2) additional Journeyman steadily employed. (d) Within ten days of the execution of this Agreement the contractor shall submit to the Division of Apprenticeship & Training, and to the Contraction Officer (The Commissioner of the Department of Property and Procurement) a list of the occupations for which Journeymen will be required in the performance of this contract. (e) Veterans of the U.S. Armed Forces shall be given priority with the respect to the hire of Apprentices and Trainees. (1) Failure of Contractor to comply with the aforesaid provisions of this section shall be a material breach thereof. the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contactor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirements shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension. delay. or interruption but not later than the date of final payment under the contract. 20. SUSPENSION OF WORK (a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interpret all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is, for an unreasonable period time, suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials _____ OPCMR 21 OPCMR GENERAL PROVISIONS Section 22. WARRANTY OF CONSTRUCTION (a) In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that the work performed under this contract confirms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of this subcontractors and suppliers at any tier. Such warranty shall continue for a period of one year from the date of final acceptance of the work, but with respect to any part of which the Government takes possession of prior to final acceptance, such warranty shall continue for a period of one year from the date the Government takes possession. Under this warranty, the Contractor shall remedy at his own expense any such failure to confirm or any such defect. In addition, the Contractor shall remedy at his own expense any damage to Government owned or controlled real or personal property, when that damage is the result of the Contractor’s failure to confirm to contract requirement or any such defect of equipment, material, workmanship, or design. The Contractor shall also restore any work damaged repaired or replaced hereunder will run for one year from the date of such repair or replacement. (b) The Government shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect, or damage. (c) Should the Contractor fail to remedy any failure, detect, or damage described in (a) above within a reasonable time after receipt of notice thereof the Government shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Contractor’s expense. (d) In addition to the rights and remedies provided by this clause, all sub-contractor’s, manufactures’, and suppliers’, warranties expressed or implied, respecting any work and materials shall at the direction of the Government, be enforced by the Contractor for the benefit of the Government. In such case if the Contractor’s warranty under (a) above has expired, any suit directed by the Government to enforce a subcontractor, manufacture or supplier warranty shall be at the expense of the Government. The Contractor shall obtain any walTanties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice. (e) If directed by the Contracting Officer, the Contractor shall require any such warranties to be executed to the Government. (1’) Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage which results from any such defect in Government furnished material or design. (g) The warranty specified herein shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistake, or fraud. CO29SPRC2 1(PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 22 I.” Addendum Addendum III Terinination of Contracts OPCMR CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) 23 Contractor’s Initials _____ OPCMR TERMINATION OF CONTRACTS CONVENIENCE OF THE GOVERNMENT (a) The performance of work under this contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. (b) After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Contractor shall: (i) stop work under the contract on the date and to the extent specified in the Notice of Termination; (ii) place no further orders or subcoritracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (iii) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (iv) assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (v) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause; (vi) transfer title and deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work in progress, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the Government. (vii) use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Commissioner of Property and Procurement, any CO29SPRC2 I (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 24 property of the types referred to in (vi) above; provided, however, that the Contractor (A) shall not be required to extend credit to any purchaser, and (B) may acquire any such property under the conditions prescribed by and at the price or prices approved by the Commissioner of Property and Procurement and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Commissioner of Property and Procurement may direct; (viii) complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and (ix) take such action as may be necessary, or as the Commissioner of Property and Procurement may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Government has or may acquire an interest. \ (c) After receipt of the Notice of Termination, the Contractor shall submit to the Commissioner of Property and Procurement his termination claim, in the form and with certification prescribed by the Commissioner of Property and Procurement. Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Commissioner of Property and Procurement, upon request of the Contractor made in writing within such one year period or authorized extension thereof. However, if the Commissioner of Property and Procurement determines that the facts justify such action, he may receive and act upon failure of the Contractor to submit his termination claim within the time allowed, the Commissioner of Property and Procurement may determine, on the basis of information available to him, the amount, if any, due to the Contractor by any reason of the termination and shall thereupon pay to the Contractor the amount so determined. (d) Subject to the provisions of paragraph (c), the Contractor and the Commissioner of Property and Procurement may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (e) of this clause, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Commissioner of Property and Procurement to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed to be paid to the Contractor pursuant to this paragraph (d): CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) / 25 OPCMR OPCMR (e) In the event of the failure of the Contractor and the Commissioner of Property & Procurement to agree as provided in paragraph (d) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Commissioner of Property & Procurement shall pay to the Contractor the amounts determined by him as follows, but without duplication of any amounts agreed upon in accordance with paragraph (d): (i) for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (b) (vii) above) and not theretofore paid for, a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving for freight or other charges; (ii) the total of— (A) the costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (e) (i) hereof; (B) the cost settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (b) (v) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and (C) a sum, as profit on (A) above, determined by the Contracting Officer to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (C) and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and (iii) the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and settlement of subcontract thereunder, together with reasonable storage, transportation and other costs incurred in connection with the protection or disposition of property allocable to this contract. CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 26 Addendum 1 OPCMR Addendum IV C’oinpensaiion C029SPRQ21(PUSVJL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 27 OPCMR Addendum IV Compensation The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Work), agrees to make progress payments based on the Schedule of Values and invoices submitted by the Contractor Polaris USVI, LLC in accordance with Clause 7 (Payments to Contractor) of the General Provisions. The parties agree that the sum to be paid under this contract is Two Hundred Thirty-Six Thousand, Seven Hundred Seventy-Four Dollars and Thirty-Seven Cents ($236,774.37). The parties further agree that payments will be made in accordance with services rendered. The final payment is subject to the inspection and acceptance of the project by the Government, the submission of all pertinent warranties, and the Release of Claims. Contractor shall submit a Waiver of Liens or Affidavits of subcontractors who have released the contractor of its obligations. Contractor shall also submit Consent of Surety before final payment and, upon the Government’s request, any other documentation the Government deems necessary. CO29SPRC21(PUSVIL) Contractor’s initials ____ IFBO24SPRC2 1(C) 28 Addendum OPCMR Addendum V Provisionsfrom 2 CFR 200 — Appendix II CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials ______ 29 ‘ ,, OPCMR ADDENDUM V Provisionsfrom 2 CFR 200 - Appendix II 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 30 ( I •J- -&,,o OPCMR (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or pennit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Labor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractOr or stibcontractor tinder any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be detennined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts The contiactor or subcontractoi shall inseit in any subcontracts the clauses set forth in pat agraph (1) through (4) of this section and also a clause i equiring the subcontractoi s to these clauses in any lower tier subcontracts. The prime contractor shall be responsible for CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 3 OPCMR compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 etseq. (2) The contractor agrees to report each violation to the Department of Planning and Natural Resources (DPNR) understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the DPNR and understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION AND DEBARMENT (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the Government. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. CO29SPRC2I(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 32 OPCMR pt. 3000, subpart C, in addition to remedies available to the Government, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. BYRD ANTI-LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a tirneframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smmn/comprehensive-procurement-guideline-cpg-prograrn. 7. ACCESS TO RECORDS The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 33 The remainder of this page intentionally left blank. CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials ______ OPCMR directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the Federal Emergency Management Agency Administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract 34 Certification for Contracts, Grants, Loans, and Cooperative A2reements (To be submitted with each bid or offer exceeding $100,000) The undersigned Anthony Iwu certifies, to the best of his or her knowledge, that: 1. No Federal appropriated hinds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, Polaris USVI, LLC , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Anthony Iwu - Director Of Caribbean Operations Name and Title of Contractor’s Authorized Official 5/25/2021 Date CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) OPCMR 35 Addendum * Addendum VI HUD General Provisions (“HUD RIDER “,) CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials ______ OPCMR 37 * HUD GENERAL PROVISIONS (“HUD RIDER”) The following terms and conditions apply to any contract for which any portion of the funding is derived from a grant made by the United States Department of Housing and Urban Development (“HUD”). In addition, Contractor/Subcontractor shall comply with the Federal Labor Standards Provisions set forth in Form HUD-4010, available at http://www.hud.gpv/offices/adm/hudclips/forms/files/40 10.pdf. 1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. 2. STATUTORY AND REGULATORY COMPLIANCE Contractor/Subcontractor shall comply with all laws and regulations applicable to the Community Development Block Grant-Disaster Recovery funds appropriated by the Disaster Relief Appropriations Act, 2017 (Pub. L. 115-56) and the Bipartisan Budget Act of 2018 (“BBA”), (Pub. L. 115-123), including but not limited to the applicable Office of Management and Budget Circulars, which may impact the administration of funds and/or set forth certain cost principles, including the allowability of certain expenses. 3 BREACH OF CONTRACT TERMS VII-IFA reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropiiate The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. CO29SPRC2 1 (PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) OPCMR 38 OPCMR 4. REPORTING REQUIREMENTS The Contractor/Subcontractor shall complete and submit all reports, in such form and according to such schedule, as may be required by VIHFA. The Contractor/Subcontractor shall cooperate with all VIHFA efforts to comply with BUD requirements and regulations pertaining to reporting, including but not limited to 24 C.F.R. § 85.40-41 (or 84.50-52, if applicable) and 570.507. 5. ACCESS TO RECORDS The State, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have, at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of the Subcontractor which are related to this contract, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions. 6. MAINTENANCE/RETENTION OF RECORDS All records connected with this contract will be maintained in a central location and will be maintained for a period of at least 3 years following the date of final payment and close-out of all pending matters related to this contract. 7. SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS The Contractor/Subcontractor will take necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used in subcontracting when possible. Steps include: i. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises; and CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 39 OPCMR v. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce. 8. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD. 9. ENERGY EFFICIENCY The Contractor/Subcontractor shall comply with mandatory standards and policies relating to energy efficiency issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 10. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The Contractor/Subcontractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 11. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor/Subcontractor shall comply with the provisions of Section 109 of the Housing and Community Deve[opment Act of 1974. No person in the United States shall on the grounds of race, color, national origin, 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 funds made available under this title. Section 109 further provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited. 12. SECTION 504 OF THE REHABILITATION ACT OF 1973 The Contractor/Subcontractor shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 94), as amended, and any applicable regulations. CO29SPRC2 1(PUSVIL) Contractor’s Initials _____ IFBO24SPRC2I(C) 40 OPCMR The Contractor/Subcontractor agrees that no qualified individual with handicaps shall, solely on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance from HUD. 13. AGE DISCRIMINATION ACT OF 1975 The Contractor/Subcontractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), as amended, and any applicable regulations. 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. 14. DEBARMENT, SUSPENSION, AND INELIGIBILITY The Contractor/Subcontractor represents and warrants that it and its subcontractors are not debalTed or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs subject to 2 C.F.R. part 2424. 15. CONFLICTS OF INTEREST The Contractor/Subcontractor shall notify VIHFA as soon as possible if this contract or any aspect related to the anticipated work under this contract raises an actual or potential conflict of interest (as defined at 2 C.F.R. Part 215 and 24 C.F.R. § 85.36 (or 84.42, if applicable)). The Contractor/Subcontractor shall explain the actual or potential conflict in writing in sufficient detail so that the State is able to assess such actual or potential conflict. The Contractor/Subcontractor shall provide VIHFA any additional information necessary for VIHFA to fully assess and address such actual or potential conflict of interest. The Contractor/Subcontractor shall accept any reasonable conflict mitigation strategy employed by VIHFA, including but not limited to the use of an independent subcontractor(s) to perform the portion of work that gives rise to the actual or potential conflict. 16. SUBCONTRACTING When subcontracting, the Contractor/Subcontractor shall solicit for and contract with such Contractor/subcontractors in a manner providing for fair competition. Some of the situations considered to be restrictive of competition include but are not limited to: (i) Placing unreasonable requirements on firms in order for them to qualify to do business, (ii) Requiring unnecessary experience and excessive bonding, CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 41 (iii) Noncompetitive pricing practices between firms or between affiliated companies, (iv) Noncompetitive awards to consultants that are on retainer contracts, (v) Organizational conflicts of interest, (vi) Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance of other relevant requirements of the procurement, and (vii) Any arbitrary action in the procurement process. The Contractor/Subcontractor represents to VIHFA that all work shall be performed by personnel experienced in the appropriate and applicable profession and areas of expertise, taking into account the nature of the work to be performed under this contract. The Contractor will include these HUD General Provisions in every subcontract issued by it so that such provisions will be binding upon each of its subcontractors as well as the requirement to flow down such terms to all lower-tiered subcontractors. 17. ASSIGNABILITY The Contractor/Subcontractor shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or novation) without prior written approval of VIHFA. 18. INDEMNIFICATION The Contractor/Subcontractor shall indemnify, defend, and hold harmless VIHFA and its agents and employees from and against any and all claims, actions, suits, charges, and judgments arising from or related to the negligence or willful misconduct of the Contractor/Subcontractor in the performance of the services called for in this contract. 19. COPELAND “ANTI-KICKBACK” ACT Salaries of personnel performing work under this contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the Copeland “Anti-Kickback Act” of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 874; and Title 40 U.S.C. § 276c). The Contractor shall comply with all applicable “Anti-Kickback” regulations and shall insert appropriate provisions in all CO29SPRC2 1 (PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) 42 OPCMR OPCMR subcontracts covering work under this contract to ensure compliance by subcontractors with such regulations and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The Contractor/Subcontractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §sS 327-330) as supplemented by Department of Labor regulations (29 C.F.R. part 5). All laborers and mechanics employed by contractors or subcontractors shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act, and the contractors and subcontractors shall comply with all regulations issued pursuant to that act and with other applicable Federal laws and regulations pertaining to labor standards. 21. DAVIS-BACON ACT (Applicable to construction contracts exceeding $2,000 when required by Federal program legislation). The Contractor/Subcontractor shall comply with the Davis Bacon Act (40 U.S.C. § 276a to 276a- 7) as supplemented by Department of Labor regulations (29 C.F.R. part 5). All laborers and mechanics employed by contractors or subcontractors, including employees of other governments, on construction work assisted under this contract, and subject to the provisions of the federal acts and regulations listed in this paragraph, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. 22. TERMINATION FOR CAUSE If, through any cause, the Contractor/Subcontractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor/Subcontractor shall violate any of the covenants, agreements, or stipulations of this contract, VIHFA shall thereupon have the right to terminate this contract by giving written notice to the Contractor/Subcontractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor/Subcontractor under this contract shall, at the option of VIHFA, become VIHFA’s property and the CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 43 Contractor/Subcontractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor/Subcontractor shall not be relieved of liability to VIHFA for damages sustained by VIHFA by virtue of any breach of the contract by the Contractor/Subcontractor, and the VIHFA may withhold any payments to the Contractor/Subcontractor for the purpose of set-off until such time as the exact amount of damages due to the VIHFA from the Subcontractor is determined. 23. TERMINATION FOR CONVENIENCE The VIHFA may terminate this contract at any time by giving at least 30 days’ notice in writing to the Contractor/Subcontractor. If the contract is terminated by VIHFA as provided herein, the Contractor/Subcontractor will be paid for the time provided and expenses inculTed up to the termination date. SECTION 503 OF THE REHABILITATION ACT OF 1973 The Contractor/Subcontractor shall comply with section 503 of the Rehabilitation Act of 1973 (29 U.S.C. § 793), as amended, and any applicable regulations. Equal Opportunity for Workers With Disabilities A. The Contractor/Subcontractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor/Subcontractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: i. Recruitment, advertising, and job application procedures; ii. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii. Rates of pay or any other form of compensation and changes in compensation; iv. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v. Leaves of absence, sick leave, or any other leave; CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) OPCMR 44 vi. Fringe benefits available by virtue of employment, whether or not administered by the Subcontractor; vii. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. Activities sponsored by the contractor including social or recreational programs; and ix. Any other term, condition, or privilege of employment. B. The Contractor/Subcontractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. C. In the event of the Contractor/Subcontractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. D. The Contractor/Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the Contractor’s/Subcontractor’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The Contractor/Subcontractor must ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor/Subcontractor may have the notice read to a visually disabled individual or may lower the posted notice so that it might be read by a person in a wheelchair). E. The Contractor/Subcontractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor/Subcontractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. F. The Contractor/Subcontractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to section 503 of the act, as amended, so that such provisions will be binding upon each subcontractor or vendor. CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) OPCMR 45 OPCMR The Contractor/Subcontractor will take such action with respect to any subcontract or purchase order as the Deputy Assistant Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 25. EXECUTIVE ORDER 11246 The Contractor/Subcontractor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). During the performance of this contract, the Contractor/Subcontractor agrees as follows: A. The Contractor/Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor/Subcontractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The Contractor/Subcontractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this non-discrimination clause. The Contractor/Subcontractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor/Subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor/Subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. D. The Contractor/Subcontractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. CO29SPRC2 I (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 46 OPCMR E. The Contractor/Subcontractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. F. The Contractor/Subcontractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. G. In the event of the Contractor’s/Subcontractor’s non-compliance with the non discrimination clause of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the H. Contractor/Subcontractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. I. Contractor/Subcontractor shall incorporate the provisions of A through G above in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor so that such provisions shall be binding on such contractor/subcontractor. The Contractor/Subcontractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor/Subcontractor may request the United States to enter into such litigation to protect the interests of the United States. 26. CERTIFICATIONOF NONSEGREGATED FACILITIES The Contractor/Subcontractor certifies that it does not maintain or provide for its establishments, and that it does not permit employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and it will not permit employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor/Subcontractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract. CO29SPRC21(PUSVIL) Contractor’s Initials ____ IFBO24SPRC2 1(C) 47 OPCMR As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Contractor further agrees that (except where it has obtained for specific time periods) it will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that it will retain such certifications in its files; and that it will forward the preceding notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). 27. CERTIFICATION OF COMPLIANCE WITH CLEAN AIR AND WATER ACTS The Contractor and all its subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. § 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 etseq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 15 and 32, as amended, Section 508 of the Clean Water Act (33 U.S.C. § 1368) and Executive Order 11738. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: A. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the Excluded Party Listing System pursuant to 40 C.F.R. 32 or on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 C.F.R. Part 15, as amended. B. Agreement by the Subcontractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. § 1857 c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC21(C) 48 7 OPCMR EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the Excluded Party Listing System or the EPA List of Violating Facilities. D. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (A)through (D) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions. 28. LOBBYING The Contractor/Subcontractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor/Subcontractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor/Subcontractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CO29SPRC2 1 (PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) 49 OPCMR 29. BONDING REQUIREMENTS The Contractor/Subcontractor shall comply with VIHFA bonding requirements, unless they have not been approved by HUD, in which case the Contractor/Subcontractor shall comply with the following minimum bonding requirements: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A peiformnance bond on the part of the Contractor/Subcontractorfor 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the Contractor’s/Subcontractor’s obligations under such contract. (3) A payment bond on the part of the Contractor/Subcontractorfor 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. 30. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD’s regulations in 24 C.F.R. part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Contractor/Subcontractor agrees to send to each labor organization or representative of workers with which the Contractor/Subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the Contractor’s commitments under this CO29SPRC2 1 (PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) 50 OPCMR section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The Contractor will not subcontract with any subcontractor where the subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. E. The Contractor/Subcontractor will certify that any vacant employment positions, including training positions, that are filled: (1) after the contractor/subcontractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor/Subcontractor’s obligations under 24 C.F.R. part 135. F. Noncompliance with HUD’s regulations in 24 C.F.R. part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 51 OPCMR 31. FAIR HOUSING ACT Contractor/Subcontractor shall comply with the provisions of the Fair Housing Act of 1968 as amended. The act prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status. The Equal Opportunity in Housing Act prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds. 32. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) The Federal Funding Accountability and Transparency Act of 2006 (FFATA), as amended, was signed with the intent of reducing wasteful government spending and providing citizens with the ability to hold the government accountable for spending decisions. 2 C.F.R. § Part 170 outlines the requirements of recipients’ in reporting information on subawards and executive total compensation under FFATA legislation. Any non-Federal entity that receives or administers Federal financial assistance in the form of: grants, loans, loan guarantees, subsidies, insurance, food commodities, direct appropriations, assessed and voluntary contributions; and/or other financial assistance transactions that authorize the non-Federal entities’ expenditure of Federal fund, is subject to these requirements. Prime contract awardees and prime grant awardees are required to report against subcontracts and subgrants awarded in the FFATA Subaward Reporting System (FSRS), the reporting tool for Federal prime awardees. This information reported will then by displayed on a public and searchable website: www.USASpending.gov. 33. PROCUREMENT The Uniform Guidance procurement requirements (2 C.F.R. § Part 200, Subpart D) went into effect on July 1, 2018. These requirements are applicable to CDBG-DR funded projects, or as provided by 83 Federal Register 5844 VI A(1)(b)(2) permits a state grantee to elect to follow its own procurement policy. These policies and procedures ensure that Federal dollars are spent fairly and encourage open competition at the best level of service and price. 34. CHANGE ORDERS TO CONTRACTS Change orders are issued when the initial agreed upon pricing or work to be completed requires modification. First, the contractor must complete a Change Order Request Form. This form and supporting documentation must be delivered to the Project Manager for review. Each change order CO29SPRC2I(PUSVIL) Contractor’s Initials ____ IFBO24SPRC21(C) 52 OPCMR must have a cost analysis. Once the Project Manager approves the change order, it is returned to the contractor for execution. Change orders are only invoiced on the final draw and categorized as “change order.” The amount listed on the invoice must match the previously approved amount and must be cost reasonable. The Project Manager is responsible for verifying cost reasonableness. Verification documentation for cost reasonableness becomes an attachment to the change order. 35. ENVIRONMENTAL REVIEW Every project undertaken with Federal funds, and all activities related to that project, is subject to the provisions of the National Environmental Policy Act of 1969 (NEPA), as well as to the HUD environmental review regulations at 24 C.F.R. § Part 58- ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES. The primary purpose of this Act is to protect and enhance the quality of our natural environment. The HUD environmental review process must be completed before any Federal funds can be accessed for program-eligible activities. The primary objectives of the HUD environmental review are to identify specific environmental factors that may be encountered at potential project sites, and to develop procedures to ensure compliance with regulations pertaining to these factors. The HUD environmental review is designed to produce program specific environmental review procedures in a program that can vary greatly in terms of scope of work. 36. LEAD BASED PAINT All housing units assisted using CDBG-DR funds must comply with the regulations regarding lead-based paint found at 24 C.F.R. § Part 35- LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES. 37. ENVIRONMENTAL REVIEW RECORD The Environmental Officer is responsible for maintaining a written record of the environmental review process. The ERR for all programs contains all the governmental review documents, public notices and written determinations or environmental findings required by 24 C.F.R. § Part 58- ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITIES as evidence of review, decision making and actions pertaining to a project of a recipient. CO29SPRC2 1 (PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) 53 OPCMR 38. FLOOD INSURANCE REQUIREMENTS Grantees and subrecipients of Federal funding must ensure that procedures and mechanisms are put into place to monitor compliance with all flood insurance requirements as found in the Flood Disaster Protection Act of 1973, 24 C.F.R. § 570.605- NATIONAL FLOOD INSURANCE PROGRAM and 24 C.F.R. § 570.202- ELIGIBLE REHABILITATION AND PRESERVATION ACTIVITIES. 39. DUPLICATION OF BENEFITS CDBG-DR funding intends to address the unmet needs of a community. The funds are supplemental to primary forms of assistance, including private insurance and FEMA funds. To avoid duplicative assistance and potential dc-obligation of funding, Subrecipient must utilize all possible funding sources before applying CDBG-DR dollars to a project. CDBG-DR programs are typically implemented after temporary disaster assistance programs, such as FEMA Individual Assistance which are not intended to make someone whole The Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. §5 121 et seq., established the requirements for Duplication of Benefits (DOB) analysis. 40. ANTI-FRAUD, WASTE AND ABUSE CHECKS The Anti-Fraud, Waste and Abuse (AFWA) check is designed to identify discrepancies and risk- relevant issues in Applicant-provided information that may be indicative of fraud, waste, and/or abuse. 41. AFFIRMATIVELY FURTHERING FAIR HOUSING The Fair Housing Act of 1968, as amended, 42 U.S.C. §360 1, et seq., dictates that grantees are required to administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. Per the regulations of 24 C.F.R. § 570.60 1 and in accordance with Section 104(b)(2) of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. §5301 et seq., for each community receiving a grant under Subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take meaningful actions to further the goals identified in the granteets Assessment of Fair Housing (AFH) plan, conducted in accordance with the requirements of 24 C.F.R. § §5.l50-5.l80 (Affirmatively Furthering Fair Housing) and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. CO29SPRC2 1 (PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) 54 42. DRUG FREE WORKPLACE The Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §81, as implemented by 24 C.F.R. § Part 24 Subpart F, §983.251-983.262, requires that any grantee other than an individual must certify that it will provide a drug-free workplace. Any grantee found in violation of the requirements of this act may be subject to suspension of payments under the grant, suspension or termination of the grant or suspension or debarment of the grantee. 43. TIMELY DISTRIBUTION OF FUNDS The Supplemental Appropriations for Disaster Relief Requirements, 2017 (Pub. L. 115-56), approved September 8, 2017 (Appropriations Act), as amended, requires that funds provided under the Act be expended within two (2) years of the date that HUD obligates funds to a grantee unless otherwise authorized via waiver of this requirement by the Office of Management and Budget (0MB). The 0MB waived the two (2) year expenditure requirement under 83 FR 40314; however, the provision to expend one hundred percent (100%) of the total allocation of CDBG-DR funds on eligible activities within six (6) years of HUD’s initial obligation of funds remains in effect. The six (6) year expenditure period commences with the initial obligation of funds provided under 83 FR 5844. Additionally, per 83 FR 5844, the provisions at 24 C.F.R. § 570.494 and 24 C.F.R. § 570.902, regarding timely distribution and expenditure of funds, are waived and an alternative requirement was established. Furthermore, consistent with 31 U.S.C § 1555 and 0MB Circular No. A—i 1 (2017), if the Secretary of HUD or the President of the United States determines that the purposes for which the appropriation was made have been carried out and no disbursement has been made against the appropriation for two (2) consecutive fiscal years, any remaining unobligated balance shall be canceled and will be made unavailable for obligation or expenditure for any purpose. 44. PROPERTY MANAGEMENT AND DISTRIBUTION Regulations governing property management and distribution of real property, equipment, financial obligations and return of un-obligated cash post program closeout can be found in 24 C.F.R. § 570.506, 2 C.F.R. § 200.310, 2 C.F.R. § 200.343 and 2 C.F.R. § 200.344(b). The standards of 24 C.F.R. § 570.506 apply to any real property under a CDBG award recipient’s control acquired in whole or in part with CDBG funds in excess of $25,000.00. The recipient may not change the use or planned use of the property without proper notification to affected citizens and allowable time for comment by them. If the property is not a building for general government conduct, the use of the property may be changed with citizen approval if it either meets one of the national objectives as defined in 24 C.F.R. § 570.208 or if not, the recipient may either retain or CO29SPRC2 1(PUSVIL) Contractor’s Initials _____ IFBO24SPRC2 1(C) OPCMR 55 dispose of the property for the changed use if the recipient’s CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. Following such reimbursement, the property will no longer be subject to any CDBG requirements. 45. LIMITED ENGLISH PROFICIENCY Executive Order No. 13166, signed on August 11, 2000, requires programs, subrecipients, contractors, subcontractors, and/or developers funded in whole or in part with CDBG-DR financial assistance to ensure fair and meaningful access to programs and services for families and individuals with Limited English Proficiency (LEP) and/or deaf/hard of hearing. Fair access is ensured through the implementation of a Language Assistance Plan (LAP), which includes non- English-based outreach, translation services of vital documents, free language assistance services, and staff training. Vital documents are defined as depending on the importance of the program, information, encounter, or service involved, and the consequence to the LEP person if the information in question is not provided accurately or in a timely manner. 46. PERSONALLY IDENTIFIABLE INFORMATION In accordance with 2 C.F.R. § 200.303, regarding internal controls of a non-Federal entity, a grantee must guarantee the protection of all Personally Identifiable Information (PIT) obtained. The program will enact necessary measures to ensure PIT of all applicants is safeguarded as to avoid release of private information. If a contractor or employee should experience any loss or potential loss of P11, th’e program shall be notified immediately of the breach or potential breach. 47. UNIFORM RELOCATION ACT CDBG-DR funds are subject to the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (URA or Uniform Act), as amended. 49 C.F.R. § Part 24 requires relocation assistance for lower-income individuals displaced as a result of the demolition or conversion of a lower- income dwelling and requires one-for-one replacement of lower-income units demolished or converted to other uses. 48. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN Per Section 104(d) of the Housing and Community Development Act of 1974 § 42.325 (a) Certification. (1) As part of its consolidated plan under 24 CFR part 91, the recipient must certify that it has in effect and is following a residential anti-displacement and relocation assistance plan. CO29SPRC2 1(PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) OPCMR 56 OPCMR (2) A unit of general local government receiving funds from the State must certify to the State that it has in effect and is following a residential anti-displacement and relocation assistance plan, and that it will minimize displacement of persons as a result of assisted activities. The State may require the unit of general local government to follow the State’s plan or permit it to develop its own plan. A unit of general local government that develops its own plan must adopt the plan and make it public. (b) Plan contents. (1) The plan shall indicate the steps that will be taken consistent with other goals and objectives of the program, as provided in parts 92 and 570 of this title, to minimize the displacement of families and individuals from their homes and neighborhoods as a result of any assisted activities. (2) The plan shall provide for relocation assistance in accordance with § 42.350. (3) The plan shall provide one-for-one replacement units to the extent required by § 42.375. 49. COMPLAINTS AND APPEALS Citizen comments on VIHFA’s published Action Plan, any substantial amendments to the Action Plan, performance reports and/or other issues related to the general administration of CDBG-DR funds are welcomed throughout the duration of the grant. The Citizen Participation Plan is posted as a stand-alone document at www.vihfa.gov. Complaints regarding fraud, waste, or abuse of government funds shall be addressed to the HUD Office of Inspector General Fraud Hotline by phone: 1-800-347-3735 or email: hotline@hudoig.gov. 50. MONITORING As per CDBG regulation, 24 C.F.R. § 570.501(b), grantees of CDBG-DR funds are responsible for carrying out their programs to meet compliance with CDBG Program, statutory and regulatory requirements, including monitoring their project administrators, contractors and subcontractors. As such, throughout the application, planning, design, and implementation phase of the program, VIHFA will conduct internal monitoring of processes, procedures, policy, applications, planning, design, construction, and other applicable phases. CO29SPRC2 1 (PUSVIL) Contractor’s Initials ______ IFBO24SPRC2 1(C) 57 OPCMR 51. PROCUREMENT OF RECOVERED MATERIALS A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. CO29SPRC2 1 (PUSVIL) IFBO24SPRC2 1(C) Contractor’s Initials ______ 58 XX Purchase Order ______ Grant ______ Federal Highway XX VIPFA (Office of Disaster Recovery) Expires: 01/29/2022 Expires: _____________ Expires: _____________ Dated: August 5, 2021 Funding Source P&P-ROIV-22-73 (FORM F.D.-2-36150 (REV.) COMM. OF PROP. & PROC. APPROVED 2006 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES ST. THOMAS, VIRGIN ISLANDS SHIP TO: HOUSING PARKS AND REC STT DEPT OF HOUSING PARKS & REC PROPERTY & PROCUREMENT BLDG 1 82 01 SUB BASE 2ND FLR RM 206 ST. THOMAS, VI 00802-5805 774-0255 r PURCHASE ORDER DATE: 07/29/2021 PAGE: 1 OF_____ PURCHASE ORDER NUMBER: REQUISITION NUMBER: 0001 3461 15889 BILL TO: HOUSING PARKS AND REC STT DEPT OF HOUSING PARKS & REC PROPERTY & PROCUREMENT BLDG 1 82 01 SUB BASE 2ND FLR RM 206 ST. THOMAS, VI 00802-5805 774-0255 THIS PURCHASE ORDER IS ONLY VALID FOR NINETY (90) DAYS FROM DATE SPECIFIED ABOVE VENDOR: PROPERTY & PROCUREMENT VENDOR REMIT BID PROCEDURE ST. THOMAS, VI 00801 13488 DELIVERY TERMS: DISCOUNT TERMS Purchase Orde(Autho&aUofl DeparInen or Agency Certifying Officer Deportment of Property & Prouremer,t Purchasing or Contracting Orficer VIRGIN ISLANDS OFFICE OF DISASTER RECOVERY Virgin Islands Public Finance Authority Virgin Islands Public Finance Authority 1000 King Street Suite No. 6 5033 Kongens Gade, Government Hill Christiansted, St. Croix VI 00820.4905 St. Thomas, VI 00802 Phone (340)778-8135 Phone (340)714-1635 Fax (340)773-0551 Fax (340)714-1636 Memorandum TO: Anthony D. Thomas ‘ommissioner, Department of Property & Procurement FROM: Ad tenne . iciecE Representative (OAR) Executive Director, Virgin Islands Housing Finance Authority DATE: August 5, 2021 RE: Additional DSPR Projects Eligible Local Match Funding — CDI3G-DR C: Lisa M. Alejandro, Assistant Commissioner, Department of Property & Procurement Calvert White, Commissioner, Department of Sports, Parks, and Recreation The Memorandum is being provided to the Department of Property and Procurement relative to local match for the additional projects associated with the Department of Sports, Parks, and Recreation: • Various Parks in the STX District • Fort Frederik Beach • Vincent F. Mason Coral Park and Pool • Kirwan Terrace Ballpark • Ezra Fredricks Ballpark • Lionel “Smut” Richards Ballpark • Joseph Aubain Ballpark Enclosed please find the attached subrecipient agreement that serves as the umbrella agreement for match funding through the CDBG-DR program. CDBG-DR program has set aside $417,750,000 in Tranche I & Tranche II to provide match for the FEMA public Assistance projects. As such, the referenced project is eligible for funding once the contract and the necessary documentation is provided to VIHFA. Please ensure that all Evaluating Supervisors are made aware that all projects listed in this transmittal are eligible for local match funding. Should you have any questions or additional information needed, please contact me via email at awi1liamsj&usvipfa.com or Daryl Griffith at duriffithavihfa.gov. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY 2017 FUNDS SUBRECIPIENT AGREEMENT No. SA-DR(VITEMA)-002-2020 (PROGRAM MATCHProgram Oversight) BETWEEN VIRGIN ISLANDS HOUSING FINANCE AUThORITY AND VIRGIN ISLANDS TERRITORIAL EMERGENCY MANAGEMENT AGENCY ISubrecipienti 1. PARTIES AND PURPOSE WHEREAS, this SUBRECIPIENT AGREEMENT (“Agreement”) is entered into this day of 2020, in the Territory of the United States Virgin Islands between the VIRGIN ISLANDS HOUSING FINANCE AUTHORITY (“VLHFA”), a body coEporate and politic constituting a public Corporation and autonomous governmental instrumentality of the Government of the Virgin Islands located at 3202 Demarara Plaza, Suite 200, St. Thomas, USVI 00802, and the VIRGIN ISLANDS TERRITORIAL EMERGENCY MANAGEMENT AGENCY (“VITEMA” andlor Agency), an executive branch department in the Government of the Virgin Islands, located at 8221 Estate Nisky, St. Thomas U.S. Virgin Islands 00803 and hereinjointly referred to as the “Parties”; and WHEREAS, in the aftermath of Hurricane(s) Irma and Maria, the United States Congress, through the Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017, Public Law (P.L.) 115-56, and the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2018, P.L. 115-123, appropriated approximately Thirty- Eight Billion Dollars ($38,000,000,000) to the U.S. Department of Housing and Urban Development (“HUD”) to be allocated as disaster recovery community development block grants among States, Puerto Rico and the United States Virgin Islands (“IJSVr’) and other eligible government entities to provide crucial funding for recovery efforts involving housing, infrastructure, economic development and the prevention of further damage to affected areas; and WHERFAS, the U.S. Virgin Islands submitted to 1-IUD, and on July 10, 2018, HUD approved a “Community Development Block Grant Disaster Recovery Action Plan (“Action Plan”), detailing a range of Projects to address the Virgin Islands’ substantial unmet needs and recovery reliefafter Hunicanee Irma (FEMA-4335-DR) and Maria (FEMA-4340-DR); and Subreciplent Agreement No; SA-DR(VITEMA)-14)OI-2020 Agency° $In kkzn& Territa4al &wrgency Managemenr Agency ?ogram: P MATCHProgram Oversight WHEREAS, based on the approved Action Plan, the USVI has received HUD Community Development Block Grant Disaster Recovery funding (“CDBG-DR’) for hurricane disaster recovery; and WHEREAS, pursuant to 83 FR 5844 (February 9, 2018) the USVI received a first allocation of $242,684,000; and pursuant to 83 FR 40314 (August 14, 2018) the USVI received a second allocation of $779,217,000; and pursuant to FR-6109-N-03 (September 4, 2019) and FR-61 09-N- 02 (August 30, 2019) the USVI received a third allocation of $744,188,000. to address USVi’s substantial unmet needs and recovery eief after Hurricane(s) Irma and Maria; and WHEREAS, on September 27, 2018, the USVI executed Grant Agreement, No. 1, B-17-DM- 78-0001 with MUD, to use CDBG-DR funds for the necessary expenses related to disaster relief projects, long-term recovery, restoration ofhousing, infrastructure and economic revitalization in the impacted and distressed areas in the USVI; and WHEREAS, the VIHFA is the Administrator ofthe CDBG-DR funds; and WHEREAS, VITEMA and the Federal Emergency Management Agency ((LFEMA) executed an agreement on February 20, 2019 for the administration of the FEMA-funded federal Cost share projects; and WHEREAS, some of the FEMA-funded federal cost share projects will require the CDBG-DR funding to serve as the local match component; and WHEREAS, the purpose ofthis Agreement is to set forth the terms and conditions by which the VIRFA will provide the CDBG-DR Project funding for the Match Program under VITEMA’s oversight, as outlined in the Action Plan, approved by Hut), as well as any ensuing Amendments to the Action Plan approved by HUt); arid WHEREAS, pursuant to the terms and conditions set forth in this Agreement, including the Appendices hereto, administration of the Match Program as described in the approved Action Plan will be undertaken by VITEMA; and WhEREAS, implementation of the Match Program Projects shall be undertaken in compliance with the Federal, and territorial laws and regulations as well as the requirements of both FEMA and CDBG-DR Project and federal cross-cutting requirements including the National Environmental Policy Act of 1969 (“NEPA”), as amended; and — WHEREAS, activities undertaken under this Agreement and benefits determined for recipients shalL not duplicate Projects or benefits provided to the USVI through other Federal recovery Projects, private benefits or benefits gained from non-profit entities, including those run by the FEMA, and coordinated with stich resources; and WhEREAS, the Parties wish to set forth, in this Agreement, their mutual understanding regarding their respective roles and responsibilities in implementing the activities set forth in the Action Plan and any Action Plan Amendments that may ensue. Subr4,Ienl Agreemeni LiodaIed. J’J7’EMA Pp 2 of80 - —.- _-#__ Subrecipleat Agreement No: SA.DR(I’ITEM4)-oO1-2020 etgency Ftrgüi htand horial&neigsnc’ Mwagement Agency P)ograni: P 4IIA7VH Program Oversight NOW ThEREFORE, in consideration of the principles assurances and promises contained herein the VIHFA and VITEMA hereby agree on the following terms and conditions to govern the funding, administration1 implementation and oversight ofthis Agreement, through which the Action Plan, and supplemental amendments, allocates CDBG-DR funds for the MATCH Program, under Tranche(s) I and II ofthe Action Plan. 2. DEFINITIONS AND LIST OF APPENDICES A Definitions Unless specificalLy provided otherwise or the context otherwise requires, when used in this Agreement: “Acts” means the Supplemental Appropriations for Disaster Relief Reqiirements Act of 2017, P,L. 115-56 and the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act of2018, P.L. 115-123 “Activity” means any project, Project or portion thereof that: (1) receives Grant Funding under this Agreement; (2) is CDBG-DR eligible or has received a waiver( 83 FR 5844 February 9, 2018 and subsequent Federal Register notices covering these allocations for identification and explanation of waivers and alternative requirements granted); (3) meets a “national objective” as set forth in 24 CFR 570.482; and (4) addresses a direct or indirect impact from the hurricane. “Activity Delivery Costs” means the actual implementation and delivery costs, including staff and overhead cost, directly related tQ carrying out activities under 24 CFR. 570.201. These costs are eligible for Grant Funding as part of such activities and are specifically excluded from the definition ofadministrative costs set forth in 24 CFR 570.206. “Action Plan” means the Virgin Islands Community Development Block Grant Disaster Recovery Action Plan and any subsequent amendments, as approved by HIJD. “Agreement” means this Subrecipient Agreement entered into, and between, the VIHFA and VITEMA. “Common Rule” means the uniform administrative requirements for Federal giants as prescribed by 24 CFR Part 85 (government entities) or Part 84 (nonprofit organizations). “Contractor” means a contractor paid with CDBGDR funds in return for a specific service (e.g., demolition, property surveys, property appraisals, etc.). A contractor is a third-party finn the VINFA or VITEMA contracts with through a formal procurement process to perform specific functions, VITEMA is not considered a contractor for purposes ofthis Agreement. “Draw Down” means the process of requesting and receiving DDBG-DR funds. Subr,cIptent Agreeiissu Updated- VifEMA Pap SoT 80 Sub cpI.niAgr.emenI No: S -DR(flTRMA)-OO1-2020 Ageney: Virgin (gland, Territorial Emergensp L4fanpment Agency Program; PMATCIIP,ogram Oversight “Direct Project Costs” means the per property costs for land acquisition, property survey, dciholition/restoration costs, and title insurance policies. “Duplication of Benefits” means financial assistance under any other Project or from insurance or any other source for any part çf a loss for which V1TEMA has received assistance through CDBG-DR. funds or programmatic activities. “Eligible Activity” means any project, or portion thereof that receives financial assistance under this Agreement consistent with the USVi’s Action Plan, Action Plan Amendments, and Federal Register Notices applicable to Hurricanes Irma and Maria allocations and otherwise compliant with applicable Federal laws and regulations, and theretbre is eligible to receive CDBG-DR funding. “EnvironmentaL Requfrementa” means the requirements described in 24 CFR Part 58. “Environmental Studies” means all Eligible Activities necessary to produce an ‘4environmental document,” as that term is defined at 40 CFR 1508.10, or to comply with the requirements of 24 CFR Part 58. “Indirect Costs” means any cost incurred for ‘shared’ or ‘joint’ objectives and cannot be readily identified with any particular activity. “National Environmental Policy Act of 1969” (“NEPA”) was signed into law on January 1, 1970, NEPA requires federal agencies to assess the environmental effects of their proposed actions prior to making decisioits. “National Objectives” means the following policy objectives of Title I of the Housing and Community Development Act of 1974 (the HCD Act), of which at least one (1) must be approved by HUI) for application and therein complied with in using CDBG-DR funds to carry out any of the CDBG-DR funded projects: (a) urgent need, such that the activity addresses existing conditions that pose a serious and immediate threat to the health or welfare of the community in the aftermath of a disaster and other financial iesourccs arc not available to meet such needs; (b) benefit low- and moderate-income persons, either directly, or to a geographical area with a population concentration of low and moderate-income persons that l-IUI) determines would satisf’ the aims ofthe HCD Act; or (e) prevent or eliminate slums or blight. “Project(s)” means the designated projects and programs, as approved by HUD in the Virgin Islands Community Development Block Grant Disaster Recovery Action Plan and any subsequent amendments thereto and as further described in Appendix D ofthis Agreement. “Subcontractor” means an individual, business, or entity with whom a Contractor retains per an agreement to carry out activities or services related to CDBCI-DR projects. “Subgrantee” means a governmental or other legal entity to which an award of CDBG-DR funds are allocated and is awarded as a match and such entity is accountable to the grantee for SubrecIpien Agreement Updated - V1TEMA p 4 alSO Sftbreclpidnt 4gement No: SA43R(7TEMM4O1-2O2O Agency: l’frgln IsIp,tds Terrflorlal Hriiergency ManogementAgency Program: P MATCHProgram Oversight the use ofthe funds provided. Subgrantee(s) can apply for Match funds through a CDBG-DR Match application. “Subreelpient” means a public or private nonprofit sgeny, authority, or organization, or a for- profit entity authorized under 24 CFR 570.201(o), receiving CDBG-DR funds from the V1NFA to undertake projects/activities eligible under the Action Plan. B. List of Appendices All Appendices are attached hereto and made a part hereof: Annendix A: General Conditions ofthe Contract Appendix B: HUD General Provisions; “HL.JD Rider” Annendix C: Special Conditions Appendix D: Match Applications providing a Description, Scope and Budget for the implementation of a Match project in response to Hurricane(s) Irma and Mans under the Community Development Block Grant Disaster Recovery Project. Procedures to be undertaken by VIThMA and/or Subgrantee(s) to secure preliminary match project approval, including determination of level of NEPA review and other federal cross cutting requirements, if required, for each projectlprograxn and other requirements and conditions which must be provided to VIIWA to secure preliminary approval. A Match Application will be executed by the Subgrantee(s) for each Match project to be funded under this Subrecipient Agreement and all Match Applications will be subject to the terms and conditions of this Subrecipient Agreement executed by VITEMA and Vil-1FA, and upon execution the Match Application will be integrated into this Subrecipient Agreement.) Appendix E, Payment Requirements and Draw Request. Form to be provided by the VIHFA. Anneudix F: Monthly Performance Report (MPR) /Disaster Recovery Grant Reporting System Requirements. Form to be provided by VIHFA. Apnendix G: Records Requirements and Records Retention Listing. Listing to be provided by the VIHFA. ApnendixH: Aareement between VITEMA and FEMA for the administration of the FEMA Public Assistance program. Agreement to be nrovided by VITEMA. Appendix I: Notice of Approval will be issued by VIHFA to VIThMA and Subgrantee(s), subject to all terms and conditions of this Subrecipient Agreement, (To be attached upon issuance by VIHFA). Subr.c4ism Agreement Updated - J’lTEMA 5 of80 Suient4griement No: S4.DR(vJTAM).oOI.2O2O 4gency: Virgin Iskn4s Ter,iiorioiE,nergencyManagcmentAgency Program: P MATtWProgram Oversight 3. IMPLEMENTATION OF AGREEMENT AND ASSURANCES A. VITEMA and the Subgrantee(s) are responsthle for complying with said CDBG-DR and federal regulations and for implementing the PrOject in a manner satisfhctory to the VfHFA and BUD and consistent with any applicable guidelines and standards that may be required as a condition of the VIRFAs providing the Grant Fui\ds, including but riOt limited to all applicable CDBG-DR Project Administration and Compliance requirements set forth by this Agreement and the Match Application (to be attached hereto as Appendix D) and made a part hereof. The VlHFAs providing of CDBG-DR Grant Funds under this Agreement is specifically conditioned on V1TEMA ‘s compliance with this provision and all applicable CDBG-DR regulations, guidelines and standards, including compliance with 24 CFR 570.900 et seq., governing performance reviews and remedial action. B. VITEMA and the Subgrantee(s) shall be responsible for requiring its contractors/vendors’ (and all subcontractor tiers) adherence to all applicable Territoiy and Federal laws and regulations, and to conduct all necessary monitoring for such compliance, As to laws and regulations applicable to the use of CDBG-DR funds, the Subgrantee(s) will execute the Match Application, to be attached hereto as Appendix D, which shall be deemed a part of, and additional assurances of this Agreement. As to any other laws and regulations that may apply to construction projects, the Subgrantee(s) in conjunction with the Department of Property and Procurement (DPP) is responsible for detenni.ning the applicable laws and regulations and ensuring compliance therewith. C. Notwithstanding the foregoing, VIHFA is responsible for environmental review, decision-making, and other action that would otherwise apply to MUD under the National Environmental Policy Act of 1969 and other related provisions of law. V1TEMA agrees, however, that it will not commit any Grant Funds to a project or start any work associated with a project until it has approvaL from VIHFA, which is charged by HU]) with evaluating all CDBG-DR funded projects, and until such time in which ltiD approves a certification. of compliance with environmental laws and request for release offunds. D. VITEMA and the Subgrantee(s) agrees to comply with afl applicable Federal CDBG DR, and cross-cutting statutes and regulations as more fully detailed in Appendix B, subject to waivers cited in the applicable Federal Register notices, Department of Housing and Urban Development, Allocations, Common Application, Waivers, and Alternative Requirements for VIHFA receiving CDBG-DR Funds in Response to the 2017 storms. E. All other applicable responsibilities and duties assigned to VITEMA, as outlined within the Agreement between both VITEMA and FEMA for the FEMA Public Assistance program, which agreement is attached hereto as Appendix H, and notably the MATCH program, shall also be incorporated herein and be made a part of this agreement. Sufr.cfpierA4greementup&iIed-J7TeAIA pss,60fs0 Subrecipleni 14greenwist iVo: SA-DR(TJTEMA)4)l-2020 4genc’. Virgin I,lait4, T.rrUorfat &çrgwyMag.meiU4gency Program: P 1MTCI!Program Oversight 4. BUDGET The Subgrantee(s) shall complete all activities in aecordance with its budget. A separate Match Application (to be attached hereto as Appendix D) must be submitted by the Subgrantee(s) to the VJHFA, prior to takIng any action on any proposed project. Each project must receive a preliminary review and approval from VIRFA prior to moving to an environmental review. The Subgrantee() must request, in writing to the VTHFA for approval, a revision of the Budget within each match application or for a reallocation of a match cost allocation, and Activity Delivery categories outlined within the match application. However, in no case shall any such revisions or reallocations exceed the toal allocation of CDBG-DR Funds alloatcd for match projects without prior written consent of the VIIIFA and the necessary State and fedçral consent. All budget casts must be reasonable, eligible and allowable. 5. PERFORMANCE AND TIMEL1NE REQTJXREMENTS The Subgrantce(s) shall complete the required activities under the Projects, including 100% expenditure of allocated funds, within the timeframes outlined in Appendix D. The Subgrantee(s) agrees to comply with the Projects’ draw down request tenns and agrees to use best efforts to comply with intermediate benchmarks as outlined in subsequent Match Applications. Grant Funds not anticipated to be expended by the outlined deadline, or as extended, are subject to recapture and reallocation to other eligible CDBG-DR Projects areas and/or Territorial agencies. 6. TERM This Agreement and its terms and conditions shall remain In effect for the period that the Subrecipient and its Subgrantec(s) has projects funded through CDBG-DR funds as provided throtgh this Agreement, including program income. A. Terniination/Suspenlon for Cause The VJHFA may suspend or terminate this Agreement for cause by providing thirty (30) days advance vitten notice to VITEMA and/or its Subgrantee(s) specifying the date to suspend or terminate this Agreement in whole or in part if VITEMA and/or its Subgrantee(s) materially fails to comply with any term of this Agreement, which shall include, butnot be limited, to the following: I. 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 be applicable at any time; 2. Failure, for any reason, of V1TEMA and/or its Subgrantee(s) to fulfill in a timely and proper manner the material obligations under this Agreement; 3. Submission of incorrect or incomplete reports to VIHFA, HUD, or their auditors, in any SubrclpdehrAg#rn.nt Lidaied. t’ITEU4 Pagc 7 ofSO - S,threcipf.n1..4greem.nI.We: s4.DR(YJTFJJ4)-OO1-2020 Agt,wv. VIrgin IsloAdi TerrItoflal Emergency Manageani 4gemy Program P M47W Program Oversighl material respect as determined by VIH1AJ HUD or their auditors; 4. Ineffective or improper use of CDBG-DR funds as provided for under this Agreement; and Notwithst8 ding anything hereinabove to the contrary, VIHFA agrees that it shall not exercise its right to suspend or terminate this Agreement until it has given written notice to V1ThMA ofthe alleged non-compliance and has given VITEMA and/or its Subgrantee(s) forty-five (45) days after the VITEMA’s and/or its Subgrantee(s) receipt ofsuch notice, to correct and/or cure, the alleged noncompliance. VITEMA and/or its Subgrantee(s) may request additional time in writing to correct alleged non-compliance which consent VIHFA agrees not to unreasonably withhold. If the non.compliance cannot be corrected and/or cured, VITEMA ancL’or its Subgrantee(s) shall, unless the termination or suspension notice directs otherwise, immediately discontinue all activities relating to this Agreement, except as may otherwise be legally required pursuant to a binding commitment to perform. 8. TerminatIon Due to Unavailable Funding This Agreement is contingent upon the appropriation and release of Cl)BG-DR funds to the VIHFA to fulfill the requirements of this Agreement. Failure of VITEMA and/or its Subgrantee(s) to approve and provide an approved budget to the VIHFA for fulfillment of this Agreement shall constitute reson for termination of the Agreement by either Party. VITEMA shall be paid, for all authorized services properly performed and approved prior to termination, including reimbursement to each $ubgraxitee for completion of VITEMA’s and/or its Subgrantee(s) approved Project undertaken pursuant to this Subrecipient Agreement, as well as be permitted to draw CDBG-DR funds in an amount required to fund all essential services, performed prior to termination. C. Obligations Governing Use ofCDH(-DR Funds Survive Termination Termination of this Agreement under any of the foregoing provisions shall not alter or diminish VITEMA’s and/or its Subgrantee(s) obligations governing the use of CDBO-DR fluids under applicable statutes, federal notices, and regulations or under this Agreement and shall not terminate any of VITEMA’s and/or its Subgrantee(s) obligations that survive the termination of this Agreement. Such obligations and/or duties may include but are not limited to the following: (1) the duty to maintain and provide access to records; (2) the duty to monitor and report on. the use of any CDBG=DR funds expeflded or awarded in compliance with alL terms, conditions and regulations herein; (3) duty to enforce compliance with the terms of CDBG-DR grants; and (4) duty to monitor, collect and manage Program income, ifapplicable. D. Payment upon Termination Except as in the event of termination or suspension. for cause, VITEMA and/or its Subgrantee(s) shall be entitled to payment on approved invoices submitted to the VIHFA no later than thirty (30) days from the date oftermination contained within the notice, to the extent payment requests represent Eligible Activities satisfactorily completed during the term of this Agreement and otherwise reimbursable under the terms ofthis Agreement Subr.c*rd4gre.Usrd Clpdared - ITEMA Pae S of80 \ .Sbr.cIpf.n AgrumiU No: DR(yITEMA)OOi.2O2O Agency. Yfrgin lilands Th,rlloilaI ,wrpncy Mwwgenefl1 Agincy Program. P MATCIIProgram Owrslghl E. Return of Unused Funds Unless otherwise agreed upon by the Parties, upon termination of the Agreement, VITEMA and/or its Subgrantee(s) aid any subrecipients shall release the commitment of funds for any unused fmds to the VIHFA within thirty (30) days oftermination and ensure that no CDBG-DR funds are allocated for projects beyond the scope ofthis Agreement. 1. SECTION 312 OF THE STAFFORD ACT The VTHFA requires any subrecipient, as a condition for receiving cost reimbursement, to repay the VIFIFA any funding the subecipient has, or later rcceives, from any other disaster assistance funding source fox the Activities it will be receiving CDBG-DR finds. V1TEMA and/or its Subgrantee(s) agrees, as a condition offunding to recapture the finding if it later receives other disaster assistance finding for the same purposes herein. Additionally, funds may be used as a matching requirement, share, Or contribution for any other Federal program when used to carry out an eligible (DBO-DR Activity, If there is no duplication of benefits offederal funds. This includes programs ot activities administered by, but not limited to, the Federal Emergency Management Agency (“FEMA”), the United States Environmental Protection Agcncy (“EPA”), the United Statc Department of Transportation (“DOT”), or the U.S. Army Corps ofEngineers (“USACE”). 8. FINANCIAL MANAGEMENT SYSTEM A. The VIHFA may review the adequacy ofthe financial management system of VITEMA and/or its Subgrantce(s) under this Agreement at any time subsequent to the signing ot the Agreement. If VIIIFA determines that VITEMA’s and/or its Subgrantee(s) accounting system under the Agreenent does rot meet the standards described in this section, additional information to monitor the Agreement may be required by the VIHFA upon written notice to VITEMA and/or its Subgrantee(s), until such time as the system meets with the V1HFAs approval. VITEMA andfor its Subgrantee(s) will notii, VIHFA as soon as practicable if VITEMA and/or Its Subgrantee(s) cannot comply with the requirements established in this section ofthe Agreement. B. VJTEMA’s financial management system shalt be consistent with the standards set forth in 24 CFR 85.1 g. and 24 CFR 85.20 and 2 CFR Part 200, Subpart 0, Post Federal Award Requiremeilts and Standards for Financial and Program Management, and the requirements for Payment Request in Annendix E, and the requirements for Records and Records Retention in AnDendix G. C. VITEMA and/or its Subgrantee(s) shall maintain accurate, current, and complete reports for disclosure of financial results in a format which conform with generally accepted principles ofaccounting and reporting: i. Accounting Records: Maintain records that adequately idcntiI the source and application ofthe CDBG-DR funds. ?.4,daeed U7I1L4 P*ge 9 orso Sub,yclplcnt4gMe.mern No: 84-DR(I7Th41V-0OJ-2O2D Agency: Vfrgjn tsItmds 7’eeritoridt Emeipncy Management9gency Program: P MATCH Program Owrslght ii. Internal Control: Maintain effective Internal and accounting controls over CDBG-DR funds provided to VITEMA and/or its Subgrantees under this Agreement. VITEMA and/ót its Subgrantees shall adequateLy safeguard all such funds and assure that thcy are used solely for authorized purposes. VITEMA’s and/or its Subgrantees records shall distinguish Grant Funds used for its Activities from any other source offunds. iii. Budget Control: Provide for the comparison of the actual expenditures or outlays with budgeted amounts. iv. Allowable Costs: Implement procedures to determine the reasonableness and acceptability of costs consistent with this Agreement. v. Source Documentation: Maintain accounting records that are supported by source documentation (such as purchase orders, invoices, and canceled checks). vi. Disbursement Management: Establish procedures to minhn.ize the time elapsed between Ihe receipt of funds from VINFA and disbursement by VITEMA andior its Subgrantces. vii. Use and Reversion of Assets: The use and disposition of immovable property, equipment and remaining CDBG-DR funds under this Agreement shall be in compliance with all CDBG-DR regulations, which include but are not limited to the following: a. VITEMA and/or its Subgrsntces shall return to the VIHFA any Grant Funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time ofexpiration, cancellation, or termination. 1,. In all cases in which equipment acquired, in whole or in part, with CDBG-DR funds is sold, the proceeds shall be reviewed to determine if it is Program income (as defined in 2 CER Part 200.80), and prorated to reflect the extent to which CDBG-DR. funds received under this Agreement were used to acquire the equipment. Equipment hot needed by VITEMA and/or its Subgrantees for activities under this Agreement shall be (a) transferred to the VIHPA for the CDBG-DR program or (b) retained by VITEMA and/or its Subgrantees after compensating the VINFA an amount equal to the current fair market value of the equipment less the percentage of any non-CDBG-DR funds used to acquire the equipment. 9. PROCUREMENT STANDARDS A. VITEMA and/or its Subgrantee(s) shall ensure all procurement transactions are conducted in a manner providing for fill and open competition and comply with its procurement regulations in accordance with the requirements of 2 CFR Part 200.3 17. Additionally, VITEMA and/or its Subgrantee(s) is required to comply with all Subreelpieni 4greem.nE Vpq’asd - ViTE?M . Pago IC otSO Subreclpknt Agr..awni No: S4.DRtVITEMA).oO1-2t?20 Agenj: PgIil Islanâ Thrrirwia1 Eiwgersi Manog.,new 4gency Program: P MAWliProgyam Qeersight / applicable Territory laws, Title 31, Chapter 23, §231-251, of the Virgin Islands Code that applies to its procurement transactions. B. Upon request, VITEMA andlor its Subgrantee(s) shall provide VINFA with draft copies of its procurement documents, (i.e. Requests for Proposals, Invitations for Bids, etc.) for review to enspre compliance with applicabLe procurement laws and regulations. C. Upon request, VITEMA and/or its Subgrantee(s) shall provide VIHFA with copies of its documentation concerning the selection process for contractors/sub-recipients contracts, subeontracts, and job descriptions, prior to selection and/or execution. D. Utilization of Small, Minority and Women’s Owned Enterprises. VITEMA and/or its Subgrantee(s) shall, to the greatest extent feasible, comply with Section 3 of the Housing and Urban Devólopment Act Qf 1968, in the procurement of Contractors, and/or other third-party entities for any project or objective outlined in this Agreement, and cnsure compliance to utilize small businesses, minority-owned firms, and women’s business enterprises whenever possible, to the extent feasible and report results as required. VITEMA and/or its Subgrantees shall also ensure similar requirements is providcd in its contracts utilizing CDBG-DR Funds, etc. E. Sole Source Procurement. VITEMA and/or its Subgxuntee(s) shall make all reasonable efforts to avoid sole source contracts. But, when no reasonable, feasible, or cost-effective alternative exists, the VITEMA. and/or its Subgtantee(s) shall specifically identify all awards of sole source contracts and the rationale or justification for making the award on a sole source basis in reports to VIHFA. 10. LABOR STANDARDS All Contracts executed pursuant to this Agreement shall be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C., 17010. Scction 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents ofthe project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. VITEMA and/or its Subgrantee(s) shall also comply with all labor laws (as referenced under 24 CFR 570.603) and make efforts to hire1 procure, when possible, minority- or women-owned business enterprises in accordance with Section 8 ofthe SmH Business Act, 15 U.S.C. § 637, as amended. 11. PROFESSIONAL STANDARDS VITEMA and/or its Subgrantee(s) shall ensure projects’ Contractor(s)/Subcontractor(s) will complete all work in a substantial and workmanlike manner according to standards and practices in the Contractor’s/Subcontractor’s trade and the work shall confbrm to all applicable building Subrdcpient Agre.m.nt Updat.d - J’ITEMA Pege It of80 Subrec4ol.ns Agrrcme’u No. SA.DR(Vfl’EMA)4J01-202Q 4gency ‘bn 1,lands TerrIrIcJ Emergency Mawag.meni Agency &ogram: P MATCH Program Oversight codes or other codes and regulations which apply to the work to be performed whether or not covered by the specifications and drawings for the work, inclu4ing any Contractor/Siibcojitractor registration requirements. Contractor(s)/Subcontractor(s) ball warrant that the final product of Contractor’s/Subcontractor’s work shall be fit for the purposes for which it is intended. Contractor/Subcontractor shall warrant against defects in materials and labor for a period of one (1) year from the date ofcompletion and upon acceptance ofthe work by the respective agency. 12. PROGRAM AND PERFORMANCE MONITORING The VH-TFA will monitor the performance of VITEMA and/or its Subgrantee(s) in accordance with the requirements and standards of this Agreement arid the stated project goals and milestones. VITEMA and/or its Subgrantce(s) shall provide the VIHFA all necessary reporting information as required. If action to correct substandard performance is not taken within 60 days after being notified by VIHEA, the VIFIFA may impose additional conditions on VITEMA and/or its Subgrantee(s) and its use of CDBG-DR funds consistent with 2 CFR 200.207, suspend or terminate this Agreement, or initiate other remedies for noncompliance as appropriate and permitted under 2 CFR. 200.338. 13. DEFECTIVE WORK The inspection of work shall not relieve the Contractor/Subcontractor of any of its obligations to fulfill the terms and conditions of the projects as herein prescribed. Defective work shall be made good, and unsuitable materials shafl be rejected, notwithstanding that such work and materials have been previously overlooked by VITEMA and/or its Subgrantee(s) and the respective agency and accepted or paid for. If the work or any part thereof shall be found defective at any time before the final acceptance of the whole work, or the final payment therefor, VITEMA and/or its Subgrantee(s) and the respective agency shall ensure that the Contractor(s) shall forthwith make good such defect in a manner satisfactoiy to VITI3MA and/or its Subgrantee(s) and the VINFA. The Contractor(s)/Subcontractor(s) shall replace, at its own expense, damaged or unsuitable materials with the new material ofsatisfactory quality. 14. RiGHT TO W1T1HOLD If the Work under any Contract, funded through this Subrecipient Agreement, is not perfonned in accordance with the terms bereo(, the VIHFA reserves the right to withhold out of any payment due to the Contractor/Subcontractor, such amount as may be deemed ample to protect VITEMA an&or its Subgrantee(s) and the VIHFA against loss or to assure payment of claims arising there from, and, at their option, VITEMA and/or its Subgrantee(s) and V1HFA may apply such sum(s) hi such a manner as may be deemed proper to secure their interest or to satis1r such claims. The Contractor(s)/Subcontractor(s) shall be immediately notified in writing in the event that VITEMA and/or its Subgrantee(s) and the VIHFA elect to exercise its right to withhold any amount due to unsatisfactory performance. No such withholding or application shall be made ifand while the Cofltractox(s) gives satisfactory assurance to VITEMA and/az’ Its Subgrantee(S) and the VIIIFA that such claims will be paid by the Contractor’s insurance carrier, ifapplicable, in the event that such claim is not successful. SubVectplentAgre.rnenl Updated- I71EMA Pige 12oF$O Sbr.dpfrnt Agreemuni No. 54.DR(s’irE,S4).3OJ-2020 Agency: VbM islands Terrfiorlat Em.rg.ncy Monageineir .4gv.sicy I’n,grant PMATCHProgam O.estghl 15. INSURANCE Unless expressly waived in wnting by the VIIIFA, VITEMA arid/or its Subgrantee(s) shall carry sufficient insurance coverage to protect contract assets from loss due to theft fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond, or equivalent insurance acceptable to VJHFA. VITEMA and/or its Subgrantee(s) are departments of the Government of the Virgin Islands, therefore, the insurance requirements of this section may be satisfied using a self-insurance mechanism ofthe Government of the Virgin Islands subject to the approval ofVIHFA. 16. LIQUIDATEI) DAMAGES VITEMA and/or its Subgrantee(s) is expected to assess Liquidated Damages against the Contractor(s)/Subcontractor(s) for scope of work not completed under the terms set forth in any Contract, liquidated damages shall be assessed pursuant to the Government ofthe Virgin Islands’ procurement policies. Liquidated damages shalt first be deducted from any contract monies due but not yet paid, to the extent available. 17., FEDERAL LABOR STANDARDS PROVISIONS (DAVIS BACON ACT) All laborers and mechanics employed on the Project covered by this Agreement shall be paid at ratCs not less than those prevailing on similar construction projects in the Locality as determined by the Secretary of Labor in accordance with the Davis Bacon Act, as amended (40 U. S. 276a- 276a-5) and shall receive overtime compensation in accordance with, and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 U. S. C, 327-332). VITEMA and/or its Subgrantee(s) shall ensure that the Contractors and all its sub-contractors shall comply With regulations issued pursuant to the labor standards provisions. For the duration of this Agreement and the Project funded hercunder VITEMA and/or its Subgrantee(s) shall ensure its Contractor and Subcontractors submit copies of weekly payroll forms and cancelled checks to both VITEMA and/or its Subgrantee(s) and VIFWA, or a designated Labor Standards Coordinator. 18. OThER FEDERAL REQUIREMENTS VITEMA and/or its Subgrantee(s) further cetiflcs that it will comply with the following mandatory contract provisions and will include these provisions where applicable, in every contract, specifically or by reference, so that such provisions will be binding upon each of its contractors/vendors and eiisure the inclusion in all subcontracts. A. Architectural Barriers Act (ABA) of 1968, 42 U.S.C. 4151 at seq. The ABA requites access to buildings designed, built, altered, or leased by or on behalf of the federal government or with loans or grants, in whole or in part, from the federal government. As used In the ABA, the term “building does not include privately owned residential structures not leased by the government for subsidized housing programs. Sub.,ciplsn4gre.men1 Updal.d- rITEMA p u ot80 SubrecoIent Agleeme’u No: A-DRO’JTEM.4)-ooI-20.?O Agency: VUJn Islands Ttrrttaslbi Emergency Maiwgement Agency Program: P M4TCHProg,am Overt(ghI B. Title 9 of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in any federally funded education program or activity. C. Title 11 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq., which prohildts discrimination against people with disabilitiçs by public entities, which includes any state or local government and any of its departments, agencies or other instrumentalities, D. Housing for Older Persons Act of 1995 (“HOPA”) (see 42 U.S.C. 3607), which governs housing developments that qualify as housing for persons age 55 or older. E. It shall require that every newly constructed or altered building or fciIity (other than a privately-owned residential structure, and certain other limited exceptions) complies with any accessibility requirements required by Title UI of the Americans with Disabilities Act of 1990 (42 U.S.C.A. 12181 et seq.) and shall be responsible for conducting inspections to ensure compliance. with these specifications by any contractor or subcontractor. F. Other statutory requirements as outlined in the MUD Rider, attached hereto as Appendix B will be required to attach to all contracts executed pursuant to this Agreement. (3. VITEMA and/or its Subgrantee(s) hereby agrees to have an annual agency audit conducted in accordance with 2 CPR Part 200, subpart F. 19. CONFLICT OF INTEREST VLTEMA’s and/or its Subgrantee(s) designees, agents, niembers, officers, employees, consultants, and other public officials who exercise or who has exercised any functions or responsibilities with respect to any ProgramlProject during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Project, are barred from any interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work performed in connection with the Program/Project or in any activity, or benefit there from, which is part of this Agreement at any time during or after such persons tenure. 20. NO PERSONAL LIABILITY OF INDiVIDUAL REPRESENTATIVES No covenant or representation contained in this Agreement shall be deemed to be the covenant or agreement of any official, trustee officer, agent ot employee of either Party in his or her individu1 capacity, and neither the officers of either Party nor any official executing this Agreement shall be personally liable with respect to this Agreement or be subject to any personal liability or accountability under this Agreement by reason of the execution and delivery of this Agreement. 21. PROHIBITED ACTIVITY I FUND USE .frecl,rtAgreemenl Updated- 1’17’EMA Pqe 14 ofSb Subre4pienl Agiwnent No: SA-DR(J’IThMA)-OoJ-2020 Agency: I’h4 Ijiand, Te,rITarIoJ Em,rpaicy Aanagemcnt Agency Program: P MATCKProgram Chei1ght VITEMA and/or its Subgrantee(s) is prohibited from using, and shall require that its Contractors and Subcontractors, if any, aie prohibited from using, the CDBG-DR funds to be provided herein or personnel employed in the administration of the Project for political activities, inherently religious activities, Lobbying, political patronage, nepotism activities, and supporting either directly or indirectly the enactment, repeal, modification or adoption of any law, regulation or policy at any level of government. VITEMA and/or its Subgrantee(s) will comply with the provision of the Hatch Act (5 U.S.C. 1501 çt q), which limits the political activity of certain employees. VITEMA and/or its Subgrantce(s) agrees not to use proceeds from this Agreement to urge any elector to vote for or against any candidate or proposition on an election ballot, nor shall such CPBO-DR funds be used to lobby for or against any proposition or matter having the effect of’ law being considered by the Legislature of the U.S. Virgin Islands or any other governing authority. This provision shall not prevent the normal dissemination of factual information relative to a proposition on any election ballot or a proposition or matter having the effect of law being considered by the Virgin Islands Legislature or other local governing authority. VITEMA and/or its Subgrantce(s) shall ensure that Contractors and Subcontractors, seeking reimbursement have complied with the Byrd Anti-Lobbying Amendment (31 U.S.C. 132) and that they will not and have not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, offIcer or employee of Congress, or an employee or a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. VITEMA and/or its Subgrantee(s)’s Contractors and Subcontractors, shall disclose any lobbying with non-federal funds that takes place in. connection with obtaining any fedetal award. 22 CONTRACTORS / SUBCONTRACTORS VITEMA and/or its Subgrantee(s) may enter into contracts with third parties for the performance of any part of VITEMA’s and/or its Subgrantee(ss duties and obligations in implementing the Projects described in this Agreement and Appendix D. In no event shall the existence of such a contract operate to release or reduce the liability of VITEMA and/or Its Subgrantee(s) to the VIHFA for any breach in the performance of VITEMA’s and/or its Subgrantee(s)’s or any Contractor’s/Subcontractor’s duties. 23. COPYRIGHT No materials, including but not limited to reports, maps, documents or plans produced as a result of this Agreement, in whole or in part, shall be available for copyright purposes to any other person. Any such material produced as a result of this Agreement that might be subject to copyright is the property of and all rights shall belong to the Parties, unless the Parties agree otherwise in writing. Software and other materials owned by V1TEMA and/or its Subgrantee(s) or a third party prior to the date of this Agreement and not related to this Agreement shall be and remain the property of VITEMA and/cr its Snbgrantee(s) or third-party. Subiec4ilint Agreement Updased - VIThAL4 Pagc 15 of80 Subrecipiens Agreement No: SA-DRO1ffEMA).OOI-2020 Agency: Yfrgin falands Territorial £nergency Mançgemeni Agency Program: P MATCHProgram Oversighi The Parties will, where either Party believes necessary, provide information to undertake their responsibilities described herein. All records reports, documents and other material delivered or transmitted shall remain the property of the transmitting Paily arid shall be returned, upon request, at termination, expiration or suspension ofthis Agreement. 24. COMPLIANCE VITEMA and/or its Subgrantee(s) shall, to the greatest extent feasible, comply with Section 3 of the Housing and Urban Development Act of 1968, pursuant to 12 U.S.C. 1701u, in the procurement of developers, contractors, and/or other third-party entities for any project or objective outline in this Agreement. VITEMA’s and/or its Subgrantee(s) Section 3 Utilization Plan must be submitted to the Vil-IFA for review and filing upon fifteen (15) days of execution of this Subrecipient Agreement. 25. DRUG FREE WORKPLACE COMPLIANCE VITEMA and/or its Subgrantee(s) hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended and with 24 CFR 21. Further, VITEMA and/or its Subgrantee(s) will endeavor to ensure thai Contracto&Subcotflractors and any third parties providing Project Services are in compliance with the Drug-Free Workplace Act of 1988, as amended, and with 24 CFR Part 21. 26. APPLICABILITY OF PROVISIONS INCLUDED/EXCLUDED FROM THE AGREEMENT Failure to expressly reference any applicable federal or State regulation, statute, public law, Executive Order, agency directive or 0MB Circular will not exempt either Party from compliance with such applicable law or regulation, and all applicable provisions not included will be deemed as inserted herein. Likewise, execution of this Agreement will not obligate either Party to comply with any regulation, statute, public laws Executive Order, agency directive or 0MB CircuLar, if not otherwise applicable to the use of the CDBG-DR funds provided herein or to the particular projects performed under this Agreement, even though it may be referenced in this Agreement or in the Appendices. 27. SUBROGATION & ASSIGNMENT In the event that the Match Program receives funds from the CDBG-DR Program and whether, before, during or after Project initiation, fluids from other sources are provided to VITEMA and/or its Subgrantee(s) or to a respective agency for all Activities of the Projects under this Agreement resulting in a potential duplication ofbenefits regarding the Project funds, VITEMA and/or its Subgrantee(s) agrees to noti VIHFA regarding such potential duplication. As provided in this Agreement in Paragraph 7 (Section 312 ofthe Stafford Act), VITEMA and/or SubNc4ilhI Agre.mint Updated- J71f.MA PIge 16 ofSO Subrecp1en Agriement No: S4DR(VflMA).OOJ-2O2O Agency: Vigi lsIaqd, Te orteI5een Manqpmenl ..tgency Ptvgram: F MA7CHFvgram Owr3Ighi its Subgrantee(s) agrees to reimburse the VIHFA if it later receives other disaster assistance for the same purposes as under this Agreement1 28. NO THiRD-PARTY BENEIrICL4RY Nothing herein is intended1 and nothing herein may be deemed to create or confer any right, action, or benefit in, to, or on the part ofany person not a party to this Agreement. This provision shall not limit any obligation which either Patty has to HUD in connection with the use of CDI3G-DR funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 29. NO ASSIGNMENT Neither Party may transfer or assign this Agreement or transfer or assign any of its rights or assign any of its duties under the Agreement without the express prior written consent ofthe other Patty. However, lithe Parties mutually agree to an assignment, all rights and obligations set forth herein shall inure to the benefit of the Parties and to their respective successors and assigns. 30. DELAY OR OMISSION No delay or omission in the exercise or enforcement of any right or remedy accruing to either Party under this Agreement shall impair such right or remedy or be construed as a waiver of any breach theretofore or thereafter occirring. The waiver of any condition or the breach of any term, covenant, or condition herein or therein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant or condition herein or therein contained. 31. SEVERABILITY The terms and provisions of this Agreement are severable, Unless the primary purpose of this Agreement would be frustrated, the invalidity or wienfbrceabllity of any term or provision of this Agreement shall not afict the validity or enforceability of any other term or provision of this Agreement The Patties intend and request that any judicial or administrative authority that may deem any provision Invalid, reform the provision, ifpossible consistent with the intent and purposes ofthis Agreement, and ifsuch a provision cannot be reformed) enforce this Agreement as set forth herein in the absence ofsuch provision. 32. CONFLICTING RULES OR PROCEDURES Nothing in this Agreement is intended to conflict with federal or Territorial law and directives. If a term or provision of this Agreement is inconsistent with such law or authority, then that term or provision shall be invalid, but the remaining terms and provisions shall remain in full force and effect. In the occasion that two or more applicable rules. regulations, or procedures related to this Agreement are in conflict with one another the most proscriptive rule, regulation, or procedure shall apply. Subrec4ol.ntAgr.emini Updated. 1’ITEMA Pqe I? oraO Subredplens Agreement No: SA-DR(I’1TFM4-OOI2O2O Agency; rwgu, Mandi Ten lion a) £inergenoy Management Agency Program: P MATCHProgromt Owfght 33 NOTICES Any notice required to be given under, or in connection with this Agreement, shall be in writing and shall be hand-delivered, mailed, emailed or facsimiled. All such communications shall be transmitted to the ad4rcss or numbers set forth below, or such other address or numbers as may be bercafter designated by either Party in written notice to the other Party compliant with this Section. To the HFA: Attn: Antoinette Fleming Director CDBCI-DR Division 3202 Demarara Plaza, Suite 200 St. Thomas, VI 00802 E-mail anflemnung®vilifa gov Phone: 340-777-4432, ext 2233 Facsimile: 340-775-7913 With Copy To: Daryl Griffith Executive Director Virgin Islands Housing Fiiance Authority 3202 Demarara Plaza, Suite 200, St Thomas, VI 00802 E-mail: dgrifflth(vihfa.gov Phone: 340-777-4432 Facsimile: 340-775-7913 To the Vl’fMA: Daryl DeFrance Jaschen Director 8221 Estate Nisicy St. Thomas, VI 00803 E-mail: dary1.jaschenvitema.vi.gov Phone: 340-774-2244 With Copy To: Anthony D. Thomas Commissioner Department of Property and Procurement Building No. 1 Sub Base 3 Floor, St. Thomas 00802 E-mail: anthony.thomasdpp.vigov Phone: 340-774-0828 Facsimile: 340-777-9587 brectensAg,iesw.nt Updared. VIT&414 Page ItofSO Subrie4’Ian1 4grurn.n’ No: A4JR( .(TEMA).001 .2020 Agçncy: iqrp, Islandi TewUorlal Emergency ManagemesUAency Program: P11ATCH Program Owrslght 34. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with all applicable Federal and Territorial laws. Any legal action resulting from the implement4tion ofthis Agreement shall be brought and adjudicated in the U.S. Virgin Islands. Any disputes or misunderstandings that may arise under this Contract concerning the VITEMA’s and/or its Subgrantee(s)’s performance shall first be resolved through amicable negotiations) if possible, between VITEMA’s and/or its Subgrantee(s) Project Manager and VIHPA Project Manager indicated in Attachment I), or if necessary, shall be referred to VIHFA’s Executive Director and VITEMA senior executive(s). If such parties do not agree upon a decision within a reasonable period of time, the parties may pursue other legal means to resolve such disputes, including but not limited to, alternate dispute resolution processes. 35. AMENDMENTS This Agreement may only be amended in writing and executed by a duly authorized representative of each Paily. Amendments shall not invalidate this Agreement, nor relieve or release either Party except as may otherwise be provided, The VIFIFA may, in its discretion, require that this Agreement be amended to conform to federal, r Territorial governmental laws, regulations, guidelines, policies and available funding amounts. If any such amendment would result in a change in the funding, the Activities, or schedule of the Activities to be performed under this Agreement or Match Project Application , such changes shall be incorporated by written amendment signed by both the VIHFA and VITEMA and/or its Subgrantee(s). 36. ENTIRE AGREEMENT This Agreement and any amendments, exhibits, executed match applications for this Subreciplent Agreement, or other formally incorporated documents constitutes the entire understanding and reflects the entirety of the undertakings bot*cen the Parties with respect to the subject matter bcreof, superseding all negotiations, prior discussions and preliminary agreements. There is no representation or warranty of any kind made in connection with the transactions contemplated hereby ‘that is not expressly contained in this Agreement. 37 BINDING EFPECF All the terms, conditions, and covenants to be observed and performed by the Parties shall be applicable to, and binding upon, their successors and/or assigns. ikecJpent Agreement Updated. (‘IFEMA Pa8e 19 cr10 —— — .ikrei 4w.w.u o £-DRr1MAHNU-3o3U 41_Th$Mb 1fM*Iwrtt.wi %wsu Igrrn fAwdld P MATE’IIlWpu., Orti4Is IN WITNESS WHEREOF: the parties hereto havç hereunto set their hands and seals on the day and year first above written, W’NESSES: GOVERNMENT OF THE V1R ISLANDS - Anthony D. Thomas, Commbsloaè Depailment orrt, and FroeureiiE.t BYf2S$JL DATE:V w DmI DàFraiee 31Kb DIrector V. L TenIiáIaI Emarppacy Miusgeacot Agcuc VN ISLANDS HOUSING FiNANCE Ezecuthe Director APPROVED: Date:____________ GOVERNOR OF THE VIRGIN ISLANDS APPROVED AS TO LEGAL SUFFICIiNCY /2 . AT THE DEPARTMENT OF JUSTICE BY tJ4d6TØ2. Date 10/1/2020 .br.ceiu .4rg,ig I giiksrJ IflI hA Pie 21) tan Subrødpient 4grriwtl No; £1-DR(f’#SWA)401-2020 44gency, VZrg(n Jlandi ThrIlSOrkil &wajeiiçv Management Agency Progmni: P MA7CII Preg,am Oversight APPENDIX A GENERAL CONTRACT CONDITIONS In addition to applying to this Agreement, Agency shall include the provisions ofthis Section in each Third-Party contract as applicable. A. INDEPENDENT CONTRACfOR 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. In the event that Agency contracts with third parties, including any Subrecipient or Contractor, to perform any of the services to be performed hereunder such third parties shall at all tiflies remain wl “independent contractor” with respect to the provision of such services. The VIHFA shall be exempt from payment ofall Unemployment Compensation, PICA, retirement; life and/or medical insurance and Workers’ Compensation Insurance, with respect to such third-party contracts or GrantFund Sub-Agreements. B. HOLD)HARMLJESMNDEMNITY CONTRACTORS!SUBCONTHACTORS To the extent that Agency is authorized to and utilizes the services of any third parties in perfonnance of its duties and obligations in implementing the Pwjecls described in this Agreement, any cçntract entered into shall contain a provision that the Contractor and/or Subcontractor shall hold Agency, the Central Government and the VIHFA hajmless and defend and indemnify the Agency and the VIHFA against any and all claims) actions, suits, charges and judgments whatsoever that arise out of the Contractor and/or Subcontractor’s perfomiaflce or nonperformance ofthe services. V. MECHANICS LIEN Contractor agrees to protect, defend, and indemnify Agency and VIHFA from any claims for unpaid Work, labor, or materials with respect to Contractor’s Performance. Final payment shall not be due until the Contractor has delivered to the Agency a complete release of all liens for work completed arising out of Contractor’s Perfomiancc or a receipt in full covering all labor and materials for which a lien could ‘be filed or a bond satiSfacloty to Agency indemnifying Agency against any and all liens. D. WORKER’S COMPENSATION Agency shall require its ConlraetorsiVcndors to provide Workers’ Compensation Inaurance coverage for all of its employees involved in the performance of any prQjects underiaken thereto under this Agreement. E. PRELJMAINARY INPSECTION Prior to request for final inspection, the Contractor shall notify both VITEMA and/or its Subgrantee(s) and VIHFA of the anticipated completion date so that any major defects or deficiencies may be pointed out to the Contractor for correction prior to the final inspection. VITEMA shall provide written notice to VIHFA ofthe anticipated completion date. SubrgcpisntAgreement Updated- VITEAIA p zi of80 Subrec4p(entAgreement No: S.4..DR(JITEMA.).OOI-2020 Agency; Virgin Is1pt, 7’.r*’trorkil Emergency Manizgsnient Agency Program: P Ld7UffPrograns Owdghf F. FINAL INSPECTION The Scope of Work shall be considered complete upon acceptance by Agency after a final insjection conducted, by VITEMA and/or VIHFA (upon VIIWA’s request to also conduct a final inspection). G. MAINTENANCE OF ARE.ALFIN’AL CLEAN-UP & REMOVAL OF DEBRIS Contractor agrees to maintain the work area free from major obstruclionslbazards to the greatest extent possible, and to ensure safe access to the project site at all times, Contractor agrees to remove all construction debris and surplus material from the property. The Contractor shall remove all construction related debris material from the construction site. H. INSURANCE & BONDING Agency shall require a Contractor to maintain liability insurance for protection against claims for damages because of bodily injury or death, claims for damages, to property which may arise out of or result from the Contractor’s operation under a contract whether such operations be by the contractor or by any Subcontractor or anyone directly or tndirectly employed by any of them. This specific covetage amounts for each project shalt be in the identified in Appendix D: Match Application for each specific project and the Contractor upon request shall present the Agency with a certificate of suoh insuraCce. I. M?FIRMAFIVE ACtION PLAN In order to comply with SectIon 3 and Executive Order 11246, the U.S. Department of Housing utid Urban Development requires that all contractors develop and implement an Affirmative Action ?lan. This plan is a series of forms and statements, which shows specific steps taken by the contractor to promote Equal Opportunity and the utilization of area residents and business in the implementation ofthis Contract. This plan must be submitted to the Agency and VIHFA. J. SAFETY Agency shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages or property, either on or offthe worksite, which occur as a result of its performance ofthe work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by 29 CFR 1926, shall be observed and the Agency, VITEMA shall, take or cause to be taken such additional safety and health measures as the Agency, VITEMA may determine to be teasonably necessaly. The Agency shall provide safety insurance for its employees and shaft require all Contractors, and Subcontractors to provide safely insurance for their employees. Sub lenlAgreenieni UpddWd - I7TA4d ?gg fl otas Subtcq1tnS Agre.meiUNo. S4-DR(VflEAfA)-0014020 Agency: i’frgUrJ4I&WS Temrovlal &nergencyUwwgementAgency PVogram: P MATCHPngram Oersght K. COMPLIANCE The Contractor shaH ensure that areas of archaeological sensitivity ivill not be disturbed during construction. No heavy equipment shall be used in any area which has been determ(ned to be an area of archaeological sensitivity. The Contractor agrees that if hcrc is any question relative to the archaeological value or historic designation of the site in generaL or any specific features on the site, it shall seek guidance ko,n the State of Historic Preservation Office ofthe Department ofPlanning and Natural Resowtes before undertaking any work. L. CONThACTOR’S REPRESENTATIONS The Contractor shall warrant that it is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of the Contract. Contrsctor shall further represent that it is filly equipped, competent, and capable of performing the work and is available to perform such work. The Contractor will warrant that it, and any subcontractors, is eligible to receive contract awards using fuderally appropriated funds and that it is not suspended or debarred from entering into contracts with any federal agency. In the event the Contractor, or Sub-contractor, misrepresents its eligibility to receive contract awards using federal funds, Agency agrees that said contractor or sub-contractor shall not be entitled to any payment for any work performed under this Contract and that it shall require (he contractor or sub-contractor to promptly reimburse any progress payments heretolore made. Nevertheless, this provision does not discharge Agency or VifiFA from their respective due diligence and Dudertaldeg Its awn Independent search under “SAM.Gov” to determine Contractor’s or sub-contractor’s eligibility to receive contract awards wIng federal funds. M FALSE CLAIMS The Contractor/vendor will warrant that it shall not, with respect to this Contract, make or present any false claim upon or against the Agency. The Contractor will acknowledge that making such a false, fictjous, or fraudulent clam is an offimse under the Virgin Islands law. The Contractor will acknowledge that its Contract is funded, in whole or in pall, by federal funds. The Contractor will warrant that it shall not, with respect to this Contract, make or present any claim knowing such claim to be fulse, fictitious or fraudulent, The Contractor will acknowledge that making such. false, fictitious, or fraudulent claim is a federal offense. / Subrec(pienl AgNsn#nt Updai.d- VITEM4 Page 23 of*0 Øibi 2Q20 P)ivi: APPENDIX ?B” HUD GENEL, PROVISIONS4’HUD RIDEI”) liw folloWing 1erm and coñditioñsapply to any contract for which any portioh of the funding is i1ecd ‘froiti a giant made by the United States Department of Housing and Urban Development tHUQ’) In addti2n, C9, bcontracior Shall comply with the Federal Labor Standards Form IIUD4OIO, available at 1. PROVISIONS REQUIRED bY IiAW PEffiPN&tW Fach and every provision of law ahd clause required by law Ic be inserted in this cQntract shall be aeemcd to be inserted herçin and Qjç contract shall be read and enforced as though it were included herein, and if through mist4e or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application pf either party the contract shall forthwith be physically amended to make such insertion or correction. 2. TATUTORV AWL)EGULATORYCOMPLIANCE Contractor/Subcontractor shall conply with all las and regt1ations applicable to the Community Development.Block GrantDisaser Recdvery f1tnd appropriated by the Disaster Relief Appropriations A42017 (Pub. L. 115-56) and the Bipartisan Budget Act of QOIS (BBA”), (Pub. t. Ii 5-123, including 6ut Inot limited to the applicable Oflice of Management and Budget Circulars, which may impact the administration of fpnds and/or set forth certain cost principles, including the allowability of certain expenses. 3. BREACH øf CONTRACT ThRM VIHFA reserves its right to all administratiye, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate at breach aijy contract term. If the Contractor or any of its subcontractors violate or breach aiy contract term, they shall be subject to suchsancfions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thcreundet shall be in addition fo and not a limitaiion o? any auties, obligations, rights and remedies otherwise iosed or yailabte by lad. 4. REPORTING REOUIREMENTS The ContractoilSubcontractor shalt completeAand iibmit all reporis, in such form and according to such schedule, as may be required by VIHFA. Tflie Contractor/Sub&nitractsr shall coperate Iith all VIHFA efforts to comply With HUD requIrements and regulations pertaining to reporting, including but not limited to 24 G.I.R. § 85.40-41 (or 84.50-52, ifapplicab!e) and 570.501. 5. AGCESS TO RECORDS The state, thç U.S. Depailment of Housing and Urban Development, the Comptroller General of the United States, or any othein duly authorized representatives, shall have, at any time and *om time to time during nc,inal t?usiness hours, access to any work product; books, documents, papers, and records Subr4dplenJ ifgrement Updated - I ?T1A P.ge 24 of 10 Subrec4oienldgrsem.nJ No. S4-PR(VITEW)4)O1-2020 Agency: Vtrgb, Islands Territorial &ne,enq) Management Agency Program; P MAWliPregram Oversight of the Subcontractor which are related to this contract, for the purpose of inspection, audits, examin8tions, and making excerpts, copies and transcriptions. 6. MMNTENANCEIRETENTIOW OF RECOIDS All records connected with this contract will be maintained in a ccntral location aid will be maintained for a period of at least three Q.) years following the date of final payment and close-out of all pending matters related to this contract. 7. SMALL AND MINORITY FIRMS. WOMBWS BUSINESS ENTERPRISES. AND LABOR SURPLUS ARBA FIRMS The Contractor!Subcontractor will take necessary affimiative steps to assw that minority firms, women’s business enterprises, and labor surplus area firms are used in subcontracting when possible. Steps include: i. Placing qualified small end minority businesses and women’s business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and wpmen’s business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to pennit maximum participation by small and minority business, and women’s business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enteq,rlses and v. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency ofthe Department ofCommerce. 8. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORA(3REEMENT Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD. 9. ENERGY EFFICIENCY The Contracton’Subcontractor shall comply with mandatory standards and pUc1es relating to energy efficiency issued in compliance with the Energy Policy and Conservation Act (Public Law 94.163). 10. TIThE VI OF THE CIVIL RIGHTS ACT OF 1%4 The ContractorlSubcontractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color, or national origin, be excluded from participation Sukecipiet4g,enenr updated. J’ITEMA PIgs 23 etSO Svbr.c41cnfAgreenen1 No: £4-DR(VIFEMA).OOl.2020 Agency: t’frgtn IsIam* Territoflal Emergealoy Management Agency Program: P MATCH Prqgran Ovet(ght in, be denied the benefits of, or be subjected to discrimination undet any program or activity receiving federal financial assistance ii. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor/Subcontractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be exclpded from participation in, be denied the benefits of, or be subjected to àiscrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 ofthe Rehabilitation Act of 1973, as amended, is prohibited. 12. SECTION 504 OF THEREHABILITATION ACTOF 1973 The Contractor/Subcontractor shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 94), as amended, and any applicable regulations. The Contractor/Subcontractor agYces that no qualified individual with handicaps shall, solely on the basis of handicap, be excLuded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance ftom HUD. 13. AGE DISCRIMiNATION ACT OF 1975 / The Contractor/Subcontractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101. ci seq.), as amended, and any applicable regulations. 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. 14. DEBARMENT. SUSPENSION. AND INELrGIBIT.LITY The Contractor/Subcontractor represents and warrants that ii and its subcontractors are not debarred or suspended or otherwise excluded from çr ineligible for participation in Federal assistance programs subject to 2 C.F.R. part 2424. 15. d:IFUlTS OF INTEREST The Contractor/Subcontractor shall noti1’ VIHFA as soon as pQssible if this contract or any aspect related to the anticipated work under this contract raises an actual or potential conflict of interest (as defined at I C.F.R. Part 215 and 24 C.F.R. § 85.36 (or 84.42, if applicabLe)). The Contractor/Subcontractor shaU explain the actual or potential couftict in writing in, sufficient detail so that the State Is able to assess such actual or potential conflict. The ContractoilSubcontractor shall provide VIHEA any additional information necessary for VIIIFA to fully assess and address such actual or potential conflict of interest. The Contractor/Subcontractor shall accept any reasonable Subreciplenl4gr.emens Updated. V1TEMA Pmc16of8O - —.--,..--..--. -...-.- ___ Se4cIuratAgteenwnl AYe: SA-DRO’ITEMA).OO1-2020 Agency. irg’,n hlo,ndr TerriuEIaI Enserg.ncy Managemni Ag.nc P?ognzm: P MATCHPrograrn Overrlàht conflict mitigation strategy employed by VItIFA, including but not limited to the use of an independent subcontractor(s) to perform the portion of work that gives rise to the actual or potential conflict. 16. SUBCONTRACTII1G When subcontracting, the Contractor/Subcontractor shaH solicit for and contract with such contractor/subcontractors in a manner providing for fair competition. Some of the situations considered to be restrictive ofcompetition include butare not limited to: (1) Placing unreasonable requirements on firms in order for them to quali1’ to do business, (ii) Requiring unnecessary experience and excessive bonding, (iii) Noncompetitive pricing practiecs between firms or between affiliatedcompanies, (iv) Noncompotitive awards to consultants that are on retainer contracts, (v) Organizational conflicts ofinterest, (vi) Speci1’ing only a brand name product instead of allowing w equal product to be offered and describing the performance of other relevant requirements ofthe procurement, and (vii) Any arbitrary action In the procurementprocess. The ContractorfSubcontractor represents to Vil-TFA that all work shall be performed by personnel experienced inthe appropriate and applicable profession and areas of expertise, taking Into account the nature ofthe work to be performed under this contract. The Contractor will include these HUD General Provisions In every subcontract issued by it so that such provisions will be binding upon each of its subcontractors as well as the requirement to flow down such terms to all lower-tiered subcontractors. 17. ASSIG1AB1LITY The Contractor/Subcontractor shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or riovation) without prior written approval of VIHFA. 18. INDEMNIFICATION The Contractor!Subcontractor shall indemnii, defend, and hold. harmless VIHFA and its agents and employees from and against any and all claims, actions, suits, charges, and judgments arising from or related to the negligence or willful misconduct of the Contractor/Subcontractor In the performance of the services called for In this contract. 19. COPELAND “ANTI-KICKBACK” ACT (Applicable to all construction or repair contracts) Salaries of personnel performing work under this contract shall be paid unconditionally and not less often than once a moitth without payroll deduction Or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the Copeland “Anti-Kickback Act” of June 13 1934 (48 Stat. 948; 62 Stat. 740; SubteØplens 9esmeiv Updated - J7FEM1 Page 17 ctio Subredpknt4g#e.mentNo: S4-DRO’iTEM4j-1-2D2O Ageny: Vfrgin IjIa.d# TerritorialE.n,.rge,wy ManagementAgtw!y Pragn2m: P MAUH Program Oi’erslghi 63 Stat, lOSt Title 18 U.S.C. § 874; and Title 40 U.S.C. § 276c), The Contractor shall comply with all applicable “Anti-Kickback” regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to ensure compliance by subcontractors with such regulations and shall be responsibiC for the submission ofaffidavits required of subcontractors thereunder except as the Secretary of Labor may specificalLy provide for variations of or exemptions from the requirements thereof. 20. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (Applicable to construction contracts exceeding $2,000 nd contracts exceeding $2,500 that involve the employment ofmechanics or laborers) The Contractor/Subcontractor shall comply with Sections 103 and 107 ofthe Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-330) as supplemented by Department ofLabor regulations (29 C.F.R. part 5). All laborers and mechanics employed by contractors or subcontractors shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Nours and Safety Standards Act, and the contractors and subcontractors shall compJy with all regulations issued pursuant to that act and with other applicable Federal laws and regulations pertaining to labor standards. 21. DAVlS.BACON ACT (Applicable to constructjon contracts exceeding $2,000 when required by Federal program legislation) The Contractor/Subcontractor shall comply With the Davis Bacon Act (40 U.S.C. § 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. part 5). All laborers and mechanics employed by contractors or subcontractors, including employees of other governments, on cvnstruction work assisted under this contract, and subject to the provisions of the federal acts and regulations Listed in this paragraph, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. 22. TBRM4NATLON FOR. CAUSE (Applicable to contracts exceeding $10,000) If, through any cause, the Contractor/Subcontractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or ifthe Contractor/Subcontractor shall violate any ofthe covenants, agreements, or stipulations of this contract, V]HFA shall thereupon have the right to terminate this contThct by giving written notice to the ContractoriSubcontractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor/Subcontractor under this contact shall, at the option of VIIWA, become VEHFA’s property and the Contractor/Subcontractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor/Subcontractor shall not be relieved of liability to VIHFA for damages sustained by VIHFA by virtue of any breach ofthe contact by the Contractor/Subcontractor, and (he VIHFA may withhold any payments to the ContractorlSubcontractor for the purpose of set-off until such time as the exact amount of damages due to the VTI{FA from the Subcontractor is determinçd. Subr.cipisnt Agresmens Vpdaed- VIThMA Pqe 25 ofSO Subrecipivu 4reeni.ni No: SA-DR(f’IT.6M4)-OQ1-2020 Agency: flrgtn !slaiads 7rrUorja1 Emergency Management Agency Prbgnzsi: P MA7twProgram Owslght 23. 3’ERMINA11ONFOR CONVENiENCE (Applicable to contracts exceeding $10,000) The VIHFA may terminate this contract at any time by giving at least thIrty (30) days’ notice in wilting to the Contractor/Subcontractor. If the contract is terminated by VIlIFA as provided herein, the Contractor/Subcontractor will be paid for the time provided and expenses incurred up to the termlnationdatc. 24. SECTION 503 OF THE REHABILITATION ACT OF - W13 (Applicable to contracts exceedrng$ 30,000) The Contractor/Subcontractor shall comply with section 503 of the Rehabilitation Act of 1973 (29 U.S.C. § 793), as amended, and any applicable regulations. Equal Oppdunity for Workers with Disabilities A. The Contractor/Subcontractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any positioti for which the employee or applicant for employment is qualified. The Contractor/Subcontractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: I. Recruitment, advertising, and job application procedures; ii. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, letmination, right ofreturn fiom layoffand rehiring iii. Rates ofpay or any other form ofcompensation and changes in compensation; iv. Job assignments, job classifications, organizational structures position descriptions, lines of progression, and seniority lists; v, Leaves ofabsence, sick leave, or any other leave; vi. Fringe benefits available by virtue of employment, whether or not administered by the Subcontractor; vii. Selection and fmancial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. Activities sponsored by the contractor including social or recreational progranis and ix. Any otIer term, condition, or privilege ofemployment. B. The Contractor/Subcontractor agrees ‘to comply with the rulós, regulations, and relevant orders ofthe Secretary of Labor issued pursuant to the act. C. In the event ofthe Conttactor/Subcontractor’a noncompliance with the requirements ofthis Snbrecipient AgrdemeIu Updated - VJTEUA P4c 29 of 50 Subrecipieni Agreement Ma: $A-DR(VctMA)-oOI-2O2O Agency: t’hTh Islands Terrttar&xlFnwrpswy Management Agency Progiam. P MATCH Program Oversighi clause, actions for noncompliance may be taken in accordance with the rules, regulations, aid relevant orders ofthe Scretaiy ofLabor issued pursuant to the act. D. The Contractor/Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices In a form to be prescribed by the Deputy Msistant Secretary for Fe4eral Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights f applicants and employees as well as the Contractors/Subcontractor?s obligation under the law to take affIrmative action to employ and advance in employment qualified employees and applicants with disabilities. The Contractor/Subcontractor must ensure that applicants and employees with disabilities are informed ofthe contents of the notice (e.g., the Contractor/Subcontractor may have the notice read to a visually disabled individual or may lower the posted notice so that it might be read by a person in a wheelchair). E. The Contractor/Subcontractor Will notif’ each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor/Subcontractor is bound by the terms of section 503 of the Rehabilitation Act of 1973 as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. F. The Contractor/Subcontractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to section 503 of the act, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor/Subcontractor will take such action with respect to any subcontract or purchase order as the Deputy Assistant Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 25. EXECUTIVE ORDER 11246 (Applicable to construction contracts and subcontracts exceeding $ 10.000) The Contractor/Subcontractor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR. chapter 60). During the porfc rmance ofthis contract, the Contractor/Subcontractor agrees as follows: A. The Contractor/Subcontractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Contractor/Subcontractor shall take afirmativc action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading) demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The Contractor/Subcontractor shall post in conspicuous places, available to employees and applicants fbr employment, notices to be provided by Contracting Officer setting forth the provisions of this non-discrimination clause. The Contractor/Subcontractor shall state that all qualified applicants llI receive consideration for employment without regard to race, Subrac(pfenl Agreement Updwed- jfA Pa5e 30 of SO - --- __, --- Su6reçoiene Agreemefli No: &.DR(I’nWA)-ool-2O3O Agency: Pli& bland, Territorial Emergency Uviagenient Agency Program: P sMitH Proàrab Oversight color, religion, sex1 or national origin. C. The ContractorlSubcontractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor/Subcontractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. D. The ContrtctoWSubconlractor will send to each labor union or representative of Workers with which he has a collective bargaining agreement or other contract or underslanding a notice, to be provided by the agency contracting officer, advising the, labor union or workers representatice of the contractor’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places availabl, to employees and applicants for employment. B. The Contractor/Subcontractor will comply with all provisions ofExecutive Order 11246 of September 4, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. F. The Contractor/Subcontractor will furnish all information and reports required by Executive Order 1 1246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 0. In the event of the Contractor’s/Subcontractor’s non-compliance with the non discrimination clause of this contract or with any of such rules, regulations or orders, this contract may be cancelled, tennlnated or suEpended ifl whole or In part and the Contractor/Subcontractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 1)246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law, H. Contractor/Subcontractor shall incorporate the provisions of A through 0 above in every subcontract or purchase order unless exempted by rules, regulations QY orders of the Secretary of Labor so that such provisions shall be binding on such contractor/subcontractor. The Contractor/Subcontractor will lake such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enfbrclng such provisions Including sanctions for non-compliance, provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor/Subcontractor may request the United States to enter into such litigation to protect the interests of the United States. 26. CERTiFICATION OF NONSEGREOATEI) FACILITiES (Applicable to construction contracts exceeding 1O,000) The Contractor/Subcontractor certifies that it does not maintain or provide for its establishments, and that it does not permit employees to perform their services at any location, under its control, where segregated facilities arc maintained. It certifies further that it will not maintain or provide for employees Subrecêi,nt Agreement Updnsed. VITEMA 3i of *0 Subr.cpiencAgretmn1No: 34-DR(VffEMAJ-00J-2020 Agency. 1’isin Islands T.rItorLel E.nerg.ncy idanagemeni Agency &ogrern P UATCHProgram Oe’eWghl any segregated facilities at any of its establishments, and it Will not permit employees to perform their services at any Location under its control where segregated facilities are maintained The Contractor/Subcontractor agrees that a breach ofthis certification is a violation ofthe equal oppoztuntty clause ofthis contract. As used in this certification, the term “segrçgated facilities” means any waiting rooms, work areas, rest rooms and Wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on, the basis ofrace, color, religion, or national origin bccausc of habit, local custom, or any other reason. The Contractor further agrees that (except where it has obtained for specific time periods) it will obtain identical certification from proposed eubcontractors prior to the award of subcontracta exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that it will retain such certifications in its files; and that it will forward the preceding notice to such proposed subcontractors (except where proposed subcontractors have submitted Identical certifications fo specific time periods). 27. CERTIFICATION OF COMPLIANCE WJTH CLEAN AIR AND WATER ACTS (Applicable to contracts exceeding $100,000) The Contractor and all its subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. § 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et .s’eq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 15 and 32, as amended, Section 508 ofthe Clean Water Act (33 U.S.C. § 1368) and Executive Order 11738. In addition to the foregoing requirements, all nonexempt contractors and sdbcontractors shall furnish to the owner, the following: A. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexeinpt contract or subcontract, is not listed on the Excluded Party Listing System pursuant to 40 CF.R. 32 or on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 C.F.R. Part 15, as amended. B. Agreement by the Subcontractor to comply with all the requirements of SectIon 114 of the Clean Air Act, as amended, (42 U.S.C. § 1857 c.8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1318) relating to inspection, monitoring, entiy, rCports and information, as well as all other requirements specified in said Section I t4 arid Section 308, and all regulations and guidelines issued thereunder. C. A stipulation that as a condition for the award ofthe contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA., indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the Excluded Party Listing System or the EPA List ofViolating Facilities. D. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (A)through (D) ofthis section in every nonexempt subcontract and requiring that the Contractor will take such a1on as the government may direct as a tAgreemens Upiaiad- WTDJA Pa$c 32 orSo 3ithrec4r.nt Agrumøsg Np: $4-DR(7TEMV41OJ-2O2O 4ncy Iskmd, Thrrçsorial Fxnergency Alanagernent4geaicy 1grom P MATCJIProgram Oversight means ofenforcing such proviSions. 28. LOBBYING (Applicable to contracts exceeding $100,000) The Contractor/Subcontractor certifies, to the best of his or her knowledge and belIef, that: (1) No Federal appropriated fluids have been paid or will be paid, by or on behalf of the Contractor/Subcontractor, to any person for influening or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making ofany Federal loan, the entering into of any cooperative agreement, and the exteflaloft, continuation, renewal, amendment, or modification of any Federel contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been patd or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress, ot an employee ofa Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor/Subcontractor shall complete and submit Standard Form-LLL, “Disclosure Form t Report Lobbying,” in accordance with its instructions. (3) The Contractor shall require that the language of this certification be included in the award documents for alL subawards at all tiers (inclpding subcontracts, subgrants, and contracts under grants, loans, and coopcrathic agreements) arid that all subreolpients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who falls to file the required certification shalt be subject to a civll penalty of not less than $10,000 and not more than $100,000 for each such failure. 29. BONDING REOtJIRBMENTS (Applicable to construction and facility improvement contracts exceeding $100,000) The Contractor/Subcontractor shall comply with VIHFA bonding requirements, unless they have not been approved by HUD, in which case the Contractor/Subcontractor shall comply with the following minimum bonding requirements: (1)A bid guarantWe from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall coflsit ofa firm commitment such as a bid bond, certified dieck, or other negotiable instrument accompanying a bid as assurance that the bidder wilL, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the Contractor/Subcontractorfor 100 percent of the contract price. A “performance bond” is one executed In conneption with a co(ract to secure fldfillment of all the Contractor’s/Subcontractor’s obligations under such contrac1. (3)A payment bond on the part of the ConwactoWSubconttactor for 100 pErcent of the contractprice. A ‘4paymerlt bond” is one executed in connection with a contract to assure payment as required by law ofall persons supplying labor nd material in the execution of Subrsc4pf.ntAgye.meni Upda:.d- V17’EAiA Pac 33 oflO — — .----- — - -—a - bcipiet Agieneflr No S4-1J141’nEafA).QQJ-202Q Ageswy: Vi,in Island, Tenltarlaj Emergency A?mgement Agency PrUgJam: F MAT’CIIProgram Ovrighr the work provided flr in the contract. 30. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (As required by applicable thresholds) A. The work to be perforated under this contract is subject to (he requirements of section 3 of the Housing and Urban Development Act of 3968, as amended) 12 U.S.C. § 1701u (section 3). The purpose of section 3 is to ensure that employment and oilier economic opportunittes generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extçnt 1asible, be directed to low- and vmy low-income persons, particularly persons who are recipients ofHUD assistance for housing. B The parties tg this contract agree to omp1y with HUD’s regulations in 24 C.F.R. part 1351 which iniplement sectIon 3. As evidenced by their execution of this contract, the parties to this contract certitS’ that they are under no contractual or other impediment that would prevent them from complying with the past 135 regulations. C. The ConractorlSubcontractor agiees to send to each labor organization or representative of workers with which the Contractor/Subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the Contractor’s commitments under this section 3 clause, and will post copies of the notice In conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 prefbrence, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location ofthe person(s) taking applications for each ofthe positions; and the anticipated date the work shall begin. D. The Contractor agrees to include this seotion 3 clause in every subcontract subject to compliancewith regulations in 24 C.F.R. part L35, and agrees to take appropriateaction, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a fmding that the subcontractor is ifl violation of the regulations in 24 C.P.R. part 135. The Contractor will not subcontract with any subcontractor where the subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135, B. The Contractor/Subcontractor will ceiti’ that any vacant employment positions, including training positions, that are filled: (I) after the contrac&rn’subconfractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be 4irected, were not filled to ciituinvent (ho ConfraciorlSubcontractor’s obligations under 24 C.t.R., part 335. F. Noncompliance with Fll3l)’s regulations in 24 C.F.R. part 13$ may result in sanctions, termination of this contract for default, and debarment or suspension from future HUI) assisted contracts. G. With respect to work performed hi connectiOn with section 3 covcrd Indian housing assistance, sectiOn 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be pertbmied under this contract. Section Si.b’mtpienr Ag,eflwr Upd*U,d- PJTE.’S4 PI5C 34 of5 SUbtec.pwnt Agree tNç:;S.4-DRJVITEAIAfrOOI.2010 Agenç I’irgi,t Islande Territorial Sniergency Managernehi AgenL)’1 Pragnim: P MATCHProgram Oversight 7(b) requires that tç the gretest extent feasible: Ci) preference and opportunities for training and employment shall be given to Indians3 and (ii) preference in the award of contracts and subcontracts shall be given to !qdian organimtions and Indian-owned Economic.’Enterprises. Partibs to this contract that are subject fo the provisions of section 3 and section 7(b) agree to comply with sectiop 3 to the maximum extent feasible, but not in derogation ofcompliance With section 7(b). 31. IAFREOUSING ACT QoniräcIor/Subcqor shall comply’ with the projsions oI the Iair Housing Act pf 1968 as amended The actØIbits discrimination in thesale or rental of housing, the financmg of housing or the provision of bràkcrage services against any person on the basis of race, color, religiob, sex, national origin, handicap or familial status. The Equal Qpportunity in Housing Act prohibits diserimination agaihst individuals on the basis of race, color, religion, se or natiohal origin in the sale, rentals leaspg or other disposition of residential property, or in the use or occupancy of housing assisted .vith Federal funds. Please visit I $68.pd1fr more information. 32. Federal FundinACcountaility and Transparency AcIiFFATA) Thç Fedçral Funding Accountability and Transparency Act of2006 (FFATA). as amended, -Was signed with he intent of reducing wasteful government spending and providing citizefls wjfh the ability to hold thç government accountable 4brspending decIsions. 2 C!P.R. § Part ‘lit) outlines the requirements of recipients’ in repQrting information on subawards and executive total compensation under FFATA legitetion. Any non-Federal entity that rçceiyes or administers Federal finaLicial assistance in the form of: grants, loans, loan guarantees, subsidies, insurance, food commodities, direct appropriations, assessed and voluntary conte’ibutions; arid/or other financial assistance transactions that authorize the nop-Federal entities’ expenditure of Federal fund, i subject to these rçquirements. Prime contract awardees and prune grant awardees are required to report against subcontracts anSI subgrants awarded in (hC.PFATA SubaWard Reporting System (FSRS), the repotting tool for Federal prime aardees, This information reported will then by displayed on a public and searchable website: wwwiJSApending.gov. 33. jrocuremBnt The Uniform Guidance procurement requirements (2 C,F.R. § Part 200, Subpart D) went into effect on July 1, 2018. These requireMents are apjlicable to CDBG-DR funded projects, Or as provided by 83 Federal Register 5844 VI A(IXbX2) permits a state grantee to elect to follow its own procurement policy. These policies and procedures ensure that Federal dOllars arc spent fairly and encoucage open competition at the best level of service and price. Standards for prgcuremcnt f supplies, equipment,, construction, engineering, architectuia1 consulting, and other professional sehfices are outlined in Title 31, Chapter 23, Sections 231 25 I of the Virgin Islands Code and Title 31, Chapter 23, of the Virn Islands ReRulations. 34. Change Orders to Confracis Change orders are issued when the initial agreed upon pdcing or work to be completed requires modification. First, the contractor must complete a Change Order Request Form. This form and Subreciplent Agreement Updated- I 1TE1L4 Page 35 otSO Subredpfrnt4greemenl No: SA-PR(J’ITF.MA)-OOI-2021) Agency: flib (handS Terdtddal &,w.ncy Management Agency &ogram. P M47CR Prograpi (Iimlght supporting documentation must be delivered to the Agency Project Manager for review. Each change order must have a cost analysis. Once the Agency Project Manager approves the change order it is returned to the contractor for exectlon. Change orders are only invoiced on the final draw and categorized as “change order.” Thç amount listed on the invoice must match the previously approved amount and must be cost reasonable. The Agency Project Manager is responsible for vedI’ing cost reasonableness. Verification documentation for cost reasonableness becomes an attachment to the change order. All change orders shall be processed in accordance with the provisions of Tide 31, Chapter 23, of the Virgin Islands Code and Title 31, Chapter 23 of the Virgin Islands Rules and Regulations. 35. Environtaental Review Bveiy project undertaken with Federal funds, and all activities related to that projects Is subject to the provisions of the National Environmental Policy Act of 1969 (NPA), as Well as to the Hill) enviroamental review regulations at 24 C.FR. § Part 58- ENVIRONMENTAL REViEW PROCEDURES FOR ENTiTIES ASSUMING JIUD ENVIRONMENTAL RESPONSIBILITIES. The primary purpose ofthis Act is to protect and enhance the qua(ity of our natural environment. The HUD environmental review process must be completed before any Federal funds can be accessed for program-eligible activities. The primary objectives of the HUD environmental review arc tp identify specific environmental fuctors that may be encountered at potential project sites, and to develop procedures to ensure compliance with regulations pertaining to there fctors. The HUD environmental review is designed to produce program-specific environmental review procedures in a program that can vary greatly in terms of scope ofwork. 36. Lead eased Paint All housing units assisted using CDBG-DR. funds must comply With the regulations regarding lead- based paint found at 24 C.F.R. § Part 35- LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESiDENTIAL STRUCTURES. 37. Eiwironmentnl Review Record The Environmental Officer is responsible for maintaining a written record of the environmental review process. The ERR for all programs contains all the governmental review documents, public notices and written determinations or environmental findings required by 24 C.F.R. § Part 58- ENVIRONMENTAL REVIEW PROCBDURES FOR ENTITIES ASSUMING HUD ENVIRONMENTAL RESPONSIBILITiES as evidence of review, decision making and actions pertaining to a project of a recipient. 38. Floodlnsurance Requirements Grantees and subrecipients of Federal funding must ensure that ptocedurc.s and mechanisms are put into place to monitor compliance with all flood ihsurance requirements as found In the Flood Disaster Protection Act of 1973,24 C.P.R. § 570.605- NATIONAL FLOOD 1NSUR.ANCE PROGRAM and 24 C.P.R. § 570.202. ELIGIBLE REHABILITATION AND PRESERVATION ACTIVITIES. SbricapfentAgiwment L!pdated- Z’iThAM Pip 36of 50 —— -. .—.— .——. ._ a.——- .* —-.-- — -. -‘ — .. — — ———-.--- Sub,ntAgrr,nnLNo: SA-DR(J’JTEMA)-OOI-2020 Agenç: t’bIn Islands Thn-Itor4àlEmvgancy Management Agenç Progmm. P %ATCHPragrem Owraighl 39. ‘DuDlkation ofBenefits CDBG-DR fmcling intends to address the unmet needs ofa community. The funds are supplemental to primary formaofassistence includingprivate insurance and FEMA funds. The Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. §5121 Ct seq., established the requirements for Duplication ofBenefits (DOB) analysis. 40. Anti-Fraud. Waste and Abuse Checks The Anti-Fraud Waste and Abuse (AFWA) check is designed to idcntif’ discrepancies and risk- relevant issues in Applicant-provided information that may be indicative offtaud, waste, and/or abuse. 41. Affimiativeh’ FurtheringJa1r Housina The Fair Housing Act of 1969, as amended, 42 U.S.C, §3601, et seq., dictates that grantees are required to administer all progranis and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. Per the regulations of 24 C.F.R. § 570.601 and in accordance with Section 104(bX2) of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. §5301 et seq., for each community receiving a grant under Subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take rneaningful actions to further the goals identified in the grantee’s Assessment of Fair Housing (APH) plan, conducted in accordance with the requirements of 24 C.F.R. § §5. 150-5.180 (Affimiatively Furthering Fair Housing) and take no action that is materially Inconsistent with its obligation to affirmatively further fair housing. 42. Drug Free Workplace The Dnig-Prec Workplace Act of 1988, as amended, 41 US.C. §81, as Implemented by 24 C.F.R.. § Part 24 Subpart F, §983.251-9S3.262, requires that any grantee other than an individual must certH’ that ftwW provide a drug-free wotkptace. 43. Tinieiv Distribution of Funds The Suppementat Appropriations for Disaster Re’ief Requirements, 2017 (Pub. L. 115-56), approved September 8, 2017 (Appropriations Act), as amended, requires that funds provided under the Act be expended within two (Z) years of the date that H1.JD obligates funds to a grantee unless otherwise authorized via waiver ofthis requirement by the Office ofManagement and Budget (0MB). The 0MB waived the two (2) year expenditure requirement under 83 FR 40314; however, the provision to expend one hundred percent (ICIO%) of the total allocation of CDBG-DR funds on eligible activities within six (6) years ofHUD’s initial obligation of funds remains in effect. The six (6) year expenditure period commences with the initial obligation of funds provided under 83 FR 5844. Additionally, per 83 FR 5844, the provisions at 24 C.F.R. § 570.494 and 24 C.F.R. § 570.902, regarding timely distribution and expenditure offunds, are waived and an alternative requirement was established. Furthermore, consistent with 31 U.S.C § 1555 and 0MB Circular No. A—Il (201 1), ifthe Secretary of’ HUD or the President of the United States determines that the purposes for which the appropriation was made have been carried out and no disbUrsement has been made against the appropriation for two (2) consecutive fiscal years, any remaining unobligated balance shall be canceled and will be made SufrectpnsAg,erment L’udaled- VUEMA pg 37 of80 - — Subrec4frnAgr..m.rn No: A-LJR(T’ffSMAj8Oi-2OO Agency: t7,in Islands Terrllorloi Rmepny Matwgenwnt 4gency Pregrarn P MAWHP,gram Oversight unavailable for obligation or expenditure for any purpose. 44. Pronerty Mananement and Distribution Regulations governing property management and distribution of real property, equipment, financial obligations and return àf un.obligated cash post program closóout can be found in 24 C.F.R. § 510.506, 2 C,F.R. § 200,310, 2 C.F.R. § 200343 and 2 C.F.R. § 200.{44(b). The sfandard of 24 C.F.R. § 570.506 apply to any real property under a CDBCJ award recipient’s control acquired in whole or in part with CDBG fluids In excess of $25,000.00. The recipient may not change the use or planned use of the property without proper notification to affected citizens and allowable time for comment by them. If the property is not a building for generaL government conduct, the use of the property may be changed with citizen apptvval if it either meets one of the national objectives as defined In 24 CYPR. § 570.208 or If not, the recipient may either retain or dispose ofthe property for ‘the changed use if ‘the recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures ofnon-CDBG funds for acquisition of, and mprovements to, the property. Following such reimbursement, the property will no longer be subject to any CDBO requirements, 45, Limited Enalish Proficiency Executive Order No. 13166, signed on August Ii, 2000k requires programs, subrecipients, contractors, subcontractors, an4or developers funded in whole or iii part with CDBG-DR financial assistance to ensure fair and meaningful access to programs and ervices for familIes and individuals with Limited English Proficiency (LET’) and/or deaMiard pfhearing. Eair access is ensured through the implementation ofa t.anguage Assistance Plan (lAP), which includes non-English-based outreach, translation services of vital documents, free language assistance services, and staff training. Vital documents are defined as depending on the importance of the progtam, infonnation, encounter, or service involved, and the consequence to the LET’ person if the information in question is not provided accurately or in a timely manner. 46. Personally Identifiable Infonnetion in accodance with 2 C.F.R. § 200.303 regarding internal controls of a non-Federal entity, a grantee must guarantee the protection of all Personally Identifiable Information (PU) obtained. The program will enact necessa.y measures to ensure P11 of all applicants is safeguarded as to avoid release of private information. If a contractor or employee should experience any loss or potential Loss of P11, the program shall be notified hnmediately ofthe breach or potential breach, 47. Uniform Relocation Act CDBG-DR fluids are subject to the Uniform Relocation Assistance and Real Property Acquisition A;t of 1970 (URA or Uniform Act), as amended. 49 C.F.R. § Part 24 requires relocation assistance for lowerincome individuals displaced as a result of the demolition or conversion of a 1ower-inome dwelling and requires one’for.one replacement of lower-income units deMolished or converted to other uses. 48. Residentialan*I.displacement and relocation assistance plan. Per Section 104(d) of the Housing and Community Development Act of (974 § 42.325 Subr.cipi.ni.4gre.ment Updated - VITEM,( Page 38 of80 Subreclb4Ternens Np £4 £ijj(J iFEIA)-QOI-2O2Q 4geuty4jgjij4bnLi TerrbortnlF. en anagrnzelll dtgtnçi) Progra%P MA rCFI Progmm OverUght (a)Ceiëation. (tAs%t Ofha consOlidated platnder 24 CFR p9ld tipient must certify that it has in effect and is fbllowing a resi4tntial an i.displacement and relocation aSsistance plan. (2) A ulut of general local governnent receiving tmds from State muSt certify to the State that it has in effect and is fQllowing a residential anti-displacement jJocation assistance plan, ad that it will minimize displacement of persons as a result of assisted aot s,The Statemay require the Unit of general (ocal óverñmeht to follow the States plan or permit it tqj op is own plan. A unit of general local govemmen that develops its own plan musf adopt the p4#ake tt public (b)Plan coptents (1) Thepldn shall indicate the steps that will be taken consistent with otIéV,als and objectives of the program, aiprnyidAñ j,arth 92 and 570 of this title,, to minimize the displacement of famile and individuals from their homes an neighborhoods as a result of.any assisted activities. (2) The plan shall provider relocation assistance in accordance Vith § 4.3$O. (3) The plan shall provide one-for-one replacement units to the extent required by § 42375. 49. Cmplaints and Appeals Citizen c mments on VI}IFA published Action Plan, atly substantial,éndmenti;to the Actióñ Plan, perfomiance reports and/or other issues relatcd,to the genemj a nj ,ioi4fj,,B9-DR fluids are welcomed thoghout the duration of the grant The Citiz*J tl,,P,en s posted as a stand-alone dccupient at w vthf& Complaints regarding fra1ld use o!overnmett ftinds slall be addressed to the HLJD Office of fnspector General Fràd ljfle4by phthie 1-800-347-3735 or emaijie@hudoig gov or the Virgin landsJnspecror (lênerAVi Office at 340-774-3a88 or access the 59. Monitoring As per CDBG regulation, 24 C.F.R. § $7Q.50l(b), grantees of CDBG-DR funds are responsible for caning gut their programs to meet compliance with CDBG Program, statutory and regulatory requirements, including monitoring their project administrators, contractors and subconaraitors. As such, throughout the application, planning, design, and implementation phase of the program; VIHFA will &iduct internal monitoiing of processes, prbcedui4es, policy, applications1 plahning, lèsin, construction; and other applicable phases. 51. Procurement of Recovered Materials A non-Federal çntity that is a state agency or agency of a political subdivision of a state and its conbaotormuat óontply with sction 6002 of the Solid Waste Disposal Act, as amendtd by the Resource qirvation ançl Reco\’eiy Act. The requirements of Section 6002 intude procuring ànly items desIátedguIdelines bf the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the ‘hgbést percentage of recovered ‘materials practicable, consistent with maintaining a satisfactotS’ Iâcl of competition, where the purchae price of the item exceeds $10,000 or the value of the quantity acquired’ during the preceding fiscal year exceeded $lO,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recoyered materials identified in the EPA tiidelines. Su&eciplens Ag,erment Updated - I ITI2t14i pa€ i9 ofSO _•j___-.,___ —-I.— - —.-—— -, - -- -—---.. . -— Subr.c4oieniAgremen? No: SA-DR(YITEMMOOI.2020 Ag#ncy, flifn Islands TerrUorkil Eswtpncy Management Agency Program: P MAW!? Program Oversight APPENDIX C: SPECIAL CONDiTIONS 1. GENERAL VLHFA has determined specific risks associated with this grant and therefore has et forth additional grant terms and conditions for this subrecipient. Thest Special Conditions are attached to, and incorporated into, this Agreement. The Special Conditions may add, delete, or modiI’ the overall Agreement. By sigflhxg the Agreement, VITEMA agrees to these special conditions for the receipt of CDB(I-DR funds, which may be amended from time to time. tn the event of an inconsistency4 these Special Copditions shall take precedence çver the terms and conditions ofthis Agreement to the extent ofthat inconsistency. 2. AUTHORITY TO USE (RANT FUNDS (RELEASE OF FUNDS) A. VITEMA shall submit to VIHFA a “Request for Authority to Use CDBG-DR Funds (Release of Funds)” and will be required to submit the following slpporting documentation as folLows: (I) Rnviionmental Review: The Subrecipient and/or Subgrantee(s) shall not request matching funds or begin work on any project with the intention of seeking reimbursement through VII{FA prior to the completion of environmental review requirements. (a) This Agreement dpc not constitute a commitment of matchntg funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by (the participating jurisdiction, Insular area or state recipient) of an approval of the request for release of funds and certification from the U.S. Department of Housing and Urban Development [or the Territory of the U.S. Virgin Islands) under 24 CFR Part 58. The prevision ofany funds to the project Is conditioned on the [participating jurisdiction, Insular area or state recipient’s) determination to proceed with, modify or cancel the project based on the results of the environmental review. (2) Other Special conditions in accordance with CDBC}-DR arc as follows: a. Under the CDB0-DR tegulations, VIHFA is responsible for ensuring that CDBG’DR funds are used in accordance with all program requirements and projects are eligible for CDBG..DR funding. To meet eligibility, each project must meet the following: (1) Be a CDBG-eligiblc activity (or be eligible under a waiver or alternative requirement under 83 FR. 5844 or 83 FR. 40314); (2) meet a national objective; and () address a direct or Sc4t.nsAgr..mers Updated. I’ITEMA Pe4O6fSO —— — —..—•‘- — — — —..—— — .-—— r . Suhr.cpkntAs,r..h,.m No: S.4.DR(iiTEA1A)-OOI.2O2O 4ge.u Virgin lilands rentor1oJEmargency Mwwgernenl Agency Program: PM17UufProgrant Owlght indirect impact from the major disaster in a Ptesideitiaily.declared county. Each projcct wilL have to undergo an eligibility determination and receive confirmation of eligibility prior to the receipt offunds. b. The Subrecipient and/or Subgrantee(s) shall not receive any ftmding withotd the completion of the detailed Scope and Budget forms and providing all supporting documentation to the VIHFA. This includes all standalone CDBG-DR funded projects, as well as projects seeking non-Federal share match funding. c. Grant funds must be used for its intended purposes. Costs incurred shall only be as neccssaly and allowable to carry out the purposes and activities of the approved projects and may not exceed the maximum limits set in the approved budget. Grant recipients must account for costs and expenditures. Grant funds cannot be used to pay late fees, penalties, and any loan obligations, including debt service payments. d. In the event that the VIHFA or HIJD determines that any funds were expended by the Subrecipient and/or Subg,antee(s) for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, then VU-EPA or IWO may, ailer giving the Subrecipient or VITEMA thirty (30) days to respond, order repayment of the same. The Subreciplent shall remit the disallowed amount to VIIIFA within thirty (30) days ofwritten notice ofthe disallowance. e. Submit an annual Audit Certification form to VIHFA. The form will be provided by V1HIA. f. The Subrecipient and/or Subgrantee(s) must attend and participate in a mandatory I1UD 010 training provided by HUD’s Office of the Inspector General prior to the receipt and expenditure of funds. B. VITEMA shall meet the following required pecia1 Conditions within ninety (90) days, unless otherwise stated herein, alter the execution ofthe Subrecipient Agreement: (1) The Subrecipient and/or Subgrantee(s) shall provide an updated orgnniationat chart reflecting any vacant positions and the titles of those positions to the VI}1FA prior to any funding disbursement/reimbursement being paid to the Subrecipient. The Subrecipient shall also provide a timeline for filling those positions, particularly those relating to the management of federal grants. (2) Prior to any funding disbursement/reinibursement pffunds, the Subrecipient and/or Subgrantee(s) shall provide a letter to the VIHFA explaining any plans to augment existing staffto assist in the administration of CDBG-DR grants. SubrepfantAgr.ement Vpdated. 7TEMA Subr.c4pleraAgre&nsnt No: s4-PRO77F4L4)-OO1-2O2O 4gtnty; J’frgin Islands TerrllQrlaI &wency Afastagament ganoy Program: P M4WII Program Oversgh1 (3) Provide a final Fraud, Waste and Abuse Policy and Procedure prior to any funding reimbursement being paid to the Subrecipient. (4) Provide a 2018 and 2019 Internal and Single (A133) Audit or a schedule when the audits will be. completed. Provide an explanation fox any given year audits were not required due to the threshold. (5) Submit Corrective Actions in response to past OIG audit findings or an explanation ofwhy corrective aetions were not pxepared. REMAINDER OF THIS PAGE LEFT BLANK INTENTiONAlLY SbrcioIesfsAgreem,ns o4oIed- VITE*L4 Pge 42 of 80 Sufrcpf.nt Agsveinçnl No: 34-DR(V1TeUA)401-2020 Agency: Thin !s(wid, Teriuo4oi&n.rg.ncy Mrn$4gIm.ht Agency Ftogram: P MATCIIPng7am Oversight APPENDIX D: MATCH APPLICATION The Match Application will be executed by the Parties for each project to be funded l)y this Subrecpient Agreement and all Match Applications will be subject to the terms and conditions of the Subtecipient Agreement. (To be provided executed by VITEMA and VIHFA and upon execution will be integrated into this Agreement.) REMAINDER OF THiS PAGE LEFT BLANK INTENTIONALLY Subrac(pl.nI Agiw.em Vpdctd- J7T5L4 Pi 430(80 Virgin Islands Housing Finance Authority Community Development Block Grant — Disaster Recovery (CDBGDR) Program CDBGDR Local Match for Federal Disaster Application Form 4geëy N:’ PWNumbei’: ‘ Obligated Pate: - — Community Deve!oprneat Block Grant — Disaster Recovery Office 3438 Kronprindsens Gade ÔERS Complex, P’ floor St. Thomas, Vi 00802 Phone (340) 717-4432 100 Lagoon Complex, Suite 4 Frederiksted, VI 00840 Phone (340) 772-4432 Version I. I Sepembcr 4,2020 GENERAL DESCRIPTION FORM INSTRUCTIONS Mark thcappropriatc box at the top ofthe form to indicate whether this s tli original apphcaIin or an anended app)tià An amended applicatiqo mit be submitted each time there is a change to the project Please enter the amendment hUmbr that corresponds to each change. (ex: First change to the original application would be AmendedApplicafion #1) 1. In the Applicant Name box Indicate the elltity’s name (cx: Virgin Islands hoisting Içinance Authority), the personjn the applicant’s office to be contacted regarding this application, address, phone numbers ofthe entity requestmg .irds and contact person, and e-mail address of contact person. 2. In the Project Name box indicate th name ofthe project (cx: BuildingfLvwiMod Rental (Jnil.s), 3. In the ArcbltecturallEnglneerlug Firm box indicate the name, address. phone number and e-mail address of the arcIiitectura1tengineeifng firm for tHis project if ohe Was hired by the app1iiànt. 4. Inihe Environmental Firm bo Indicate the name, address. phone number and e-mail address ofthe environmental firm for thi,, project if one was hired by the applicant. S. Obllgakd PrQJ#Cts Only. Enter information ‘or the FEMA obligated project which i under administration by the Virgin Islands !Trritorial Elnergency Management Agency (VITEMA. linobligatdd projects will not be considerCd. Subhik one project per application. Please submit one project per application. 6 Project Description Provide a concise description ofthe project for whibjoji are requesting funds The description should tell the entire story ofthe proposed ploject that will enable V1HFAIb.phake a sound decision on the eligibility of the project. Please respond to as many questions as possible that phañ1 to ie prçposed project In this section. lithe question does nQt apply to the project, please enter “N/A”. 7. a. Eligibility. Please note that HUD funded projects must have a Tie to the Disaster, be an Eligible Activity and meet a NatiOnal Objective (see befow. b. Eligible Activities. Select the appropriate eligible adUvity that your proposed project wilt fall under. Most CDBG QR appropriations require fluids to be used for necessary expenses for activities related to disaster relief1 long-term recovery, restoration of infrastructure and housing and etonOmiê revitalization In the most impacted and distressed aras. The activity must beCDBá eIigibre oçIlcwcl via a waiver, addrep a disaster-related impact in a.Presidentially declared county. and meet a national objective. Disaster related activities are those that demonstrate (1) a logical cnnectidh to the disaster1 and (2 hqw the activity will ccntdbute,to long-term recovCry. Mile: Grantees mud determine what docwne,uqllon Is sstfficienl and reasonable to show how aclivilies respond to a disaster-related impact, c. In the National Objective box indicate which national objective will be addressed by tI’e project. d. Environmental Requlremqn(s. Please note that HUD funded project must ALL. go through an environmenlal reyiew, however according to 40320 Federal Register Vol. 83, NO. 157 dated Tuéeday, August 14, 2018 titled Allocabons, Commqn Application, Waivers1 and Attemalive Requirements for Community Development Block Grant DIpter Recovery Grantecs: Adoption ofanother a&epcy s e,rv1rømental Is allowed ii’i1hbt review or public commenipetformed by a Fbderal agency, and such adoption shall salIs,’ the responsibililles a/the recipient ii’ith respect ta such environmentol review, approval, or permit that is required by Ike HOD 4ct” S. CDBG-DR and Federal Cross Cutting Requirements — Applicants are advised that all projects that are CDBG-DR funded are subject to Federal cross cutting iëquireflients. Federal cross cuttingreqdirements are provided in Appendix X and each page must be inItialed to acknowledge receipt. VIHFA staffwill provide technical assistance as requested. Note Tfi applIcant, OgasUiadonal tisad qiusi stg’i und the completed application oiid ihti pioject hudge. to itgn upp”oI 1)pe the Orjanlu#Ionaj IIead, name aod title in the appi’qniate boxes .4 sIgnature ;ignfle. he appTmul fr the O,IofimaI i(qad — - General Descilptiàn Form Place a check mark In the appropriate box: CtOriginal Application OAmended Appilcallon #______ I_ Page) 3 Organizational Head 1nitials VIHFA Infttals ofreal property DDisposltion 201(b) cJPubllc Facilities and Improvements 20lc) OClearance an4 remedit1ops2OI(d) OPubjic Services 20 1(e) Dinterim Assistance 201(f) DR.eloçtjón2Ol(i) OLoss otRenra’l income 201(J)’ OPiivatc!-Owncd Utiltes 201(j) tJConst3ijcion bflmishig2OL(m) DHomeownershlp Assfstance2O1(n) Economic Development Activities Micróontcrprisc Assistance 201(o) DMiscellancous Other Activities 201(g), (ii). (kX (j’) (q) CiRehabilitation and Preservation 202(a), (b)1 (c (d), (e) (f) DPlanrilng Activities 205(a) flOeneral management, oversight and coozHnatlon 206(a) OPublic Information 06(b) OYIr Housing Actlvltlcs206cc Olndixect casts 206(e) OSubmislion of applications fOr federalprograms 206(0 DAdministrative expenses to facilitate housing 206(g) DSecion 17 of theU.S. HOusmgAot of 1937 206(h) .tht,ctuit.rnee&attáit eofthe &ow the.ne etb$’th C Activities Benefiting Low/Moderate Income Persons. C4rea benefits to all residents of low to moderate Income in a particular area. (Note; This selection Is applicable only ifthe prcject will be located In a neighborhood orcensus tract where more than 51¾ ofthe persons or households qualifi a low to moderate income. PIeae refer LO the census. maps attached at the end ofthe application) DLImIfe4 Clkhtek. Ltmited to a specific group ofpersons aM at least 51%fthem qual1 a low to moderate incomç. CHdusing activities. An eligible activity carried out for the purpose of providing or impiving permanent residential strucwr which. on completion, will be occupied by low- and moate-incomobouseholds. OrganizationaL Read Initials______ VII4PA Initials________ Oiob creation or retention activities. An activity designed to create or retain permanentjobs where at least 51 percent ofthejobs, computed on a full-time equivalent basis, involve the employment of low, and moderate-Income persons. Prevention/Elimination ofSlums or Blight including historic restoration to remove conditions that threaten health and safety. Please note that the designalion ofareas of “slum and blight” must have been established by local law. 0 Urgent Need. Activity designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare ofthe community which are ofrecent origin or which recently became urgent, that the subrecipieni is unable to finance the activity on its own, and that other sources of funding are not ayailable. 8. CDBG-DR and Federal Croas-Cuttg Reqafres While an applicant may hO subjectto all compliancea tçipIents In the pestand require addit comprehensive ihiidCritindhofther VIHFA will prOvldö t chñicäl assists cutthi requirements may result En it In addJUon Conimciç*/Svbconrraciorih /,nWilaisMxw 9. Integrated Document This Application, along with Subrecipient Agreement No. — , and any attachments, constitutes the entire agreement between ______________________(Agency), VI’HFA and VITEMA (parties) and the parties acknowledge that there are no other agreements, written or oral, that have nof been fully set forth in the text of this Agreement. Organizational Head Initials _________ VIHFA Initials ___________ Page I 5 C None (Planning, Capacity Building, Adminisiralive) d.’nvIronmeatal RequIrements: hi accordance with thc A priationsAgrañt recipients ofFedeia fluids that use. such fluids to supplement Federal assistance provided under s&1f6j1408(cX4) -. AA 404 406 401) or 502 ofthe Stafford Act may ad6pt, witbot riviw orblfofl)mt - ,wfth MATrFcl ‘ - ‘ - • tctainacopyfthen. Was a PEMA environmental completed? DYes DNo Ifyes, please attach a copy. / CDBG-DR LOCAL COST SHARE MATCH BUDGET lndiate the total dollar amount ofPoject Funds expected from each fundhlg source. ‘Round all amounts to the neare dollar. The TOTAL Funds sbould equal the total cost and cannot exceed the total FEMA approved project cost. Directions GEneroJ Information. FEDERAL AWARD DESCRIPTION: Enter a briefdescription fthe project. TOTAL PROJECT COSTS EMer the total cost ofthe project; FEDERAL SHARE: Enter the amount ofFederal contribution; LOCAL COST SHARE: Enter the rqahed local shat. BudgeL SLTBAWARD: List the items to be paid; TOTAL PROJECT tOST: Enter the cost per item; FEDERAL SHARE: Enter the Federal Share; LOCAL COST SHARE: Enter the Local Cost Share; SOURCES: Enter the source ofthe funds. i- :.‘ AUTHORIZATION In the eventthatthe VUlVA or HUD determines that any fUnds were expended by the Applicant for unauthorfrd os ineligible purposes or the expenditures constitute disallowed costs ha any other way, then V1HFA or HUD may order repayment of the same. The Applicant shall remitthe disallowed amount to VTHFA within thirty (30) days of written noticeofthe disallowance. I certify that all information provided U part of (hIs application is true and correct to the best of my knowledge. I agrqe to substantially abide by the above budget in the utilization of funds. 1 cerili’ under penalty of perjury that: (1) the informatIon provided In this Community Development Block Grant Djsaster Recovery Project application Is true and correct as of this date and that any Intentional or negligent misrepresentation may result in dvii liability, Including monetary damages, and/or In criminal pla1ties including, bt not limited to, lint or Imprisonment or both under the provisions of Title 18, United StatCe Code, Sec. 1001 ci seq.; and (2) the property will not be ilsed (or any UtegaJ or prohibited purpose or use. Organizational Head: Print Name and omcial Title _________ Signature - _____ Reviewed and Verified by VITEMA Qgmith ØonaI I1eadz - Lpr(nt Name and OflIcIa Title Satii’ Date Usq Ot,Ji? I t -. _________________ — Revlewedb dDa1Pror4hHud :;__:. - _______________ Print Hem. aRd omdai ñu. — — J; :. Date .111 _______________________________________________________ PrinlNáàea.dOfflelalTiffe Date Reyleed by EnvIronmtal •. PtN$3lOblTII1. Signature Date Reviewed by CDBG-DR Finance Director: .- -.,‘. . •-I.’ Print Na*.mtlOfflel!ITHb Signature Date - Approved / Rejected by CDBG-DR Director Priht Name and OfIii1Ie Signature Date Approved! Rejected by VulVA ExeCutive DIrecCor Print Nmzse.eud Official Flue Signature Dale OTHER FUNDS SUPPLEMENTAL DOCUMENTATION Some projects may cost more than is available under the approved V1HFA action plan programs. The applicant may propose to use other funds In coqunction with the CDBO-DR funds. These other funds ewsi be identified and must be available and ready to spend. if these funds Involve loans or grants from other locals federal, or private sources, the monies must have already been awarded. TQ substantiate the immediate availability ofthe other funds, one ofthe following items ofsupporting documentation will be required: 1. A latter and adopted resolution from the local governing body stating the specific source, amount, and location of Local cash L 2. A line of credit letter from a financial institution such as a bank stating the amount available as a loan; 3. Specific evidence offunds to be received from atax or bond election that has already passed; or - Page (8 4. A letter from anOther funding agency stating that the finds have been awarded and are currently available for expenditure. Note; Attach the supportingdocumeniallon to ihi.s application. •:- 4-,, ACTIVITY BENEFICIARY FORM INSTRUCTIONS Objective: The Activity Beneficiaty Form reports information fOr actual benefIciaries of intended CDBG.DR activities. I. Mark the appropziatc checkbox that applies (Grantee or Subreclpicnt) and enter the name ofthe Grantee or Subreciplent 2. Enter the Subrecipient/Project ID asaigned by VI14FA CDBG-DR. 3. Enter Activity Name assigned by VIHFA CDB0-DR. Part I- BENEFICIARY INCOME INFORMATLON A. Based upon the location ofthe project, enter the number and percentage of Individuals benefiting by income level. B. Enter the data source(s) (e.g. HUD American Community Survey, household Survey) and any additional information describing how the beneficiaries were determined. Pan 11-AREA INFORMATION (i/the achviiy is a direct be /Iftacifvity leave this Part Ifarea blank) / A. Enter whether the project is target area or comniunitwide and the census blockgroups ofthe project area. Please list each census tract(s) and/or block group(s) that du the area; separating each census fract with a “;“. Please continue on another page, ifnecessary. This informtIonsO Id be determined using the 2010 Census data attached at the end ofthis document. B. Enter the exact location of the geographical center ofthe project by identifying the latitude and longitude numbers. This information may have been initially reported on the supplemental information page in the approved project application. fl ,. Part ill - DIRECT BENEFIT DEMOGRAPBIO INFORMATiON (ifthe aetivfry Is an area wide beiiejlt1 leave this Part Ill area blank) ., A. Enter the total indMdia1,s who wIN bdne by racial and ethnicity and by income level. Thi,s total for LIMI is any person 80% or below the ereamcdian income and Non-LMI are 81% or hIgher of the area median Income. The LMI and Non-LMI totii should equal the opuIatton total in Part I-A. Race dnd ethnicity a thdee$flt ofeaçbother and should be counted separately. For Instance, if-the activfty served .0 White persons, 15 ofvhi6b are not of!lispanic/Latino ethnicity and 5 of which are of HispanioLadno ethnicity, tl information to be ad4d into row “A. Race and Ethnicity, I. White” should be 20 for Total and 5 fbr HlspaniqLaino”. . B. Enter female headed hou,seholds for those LMI (80% or below area median income) and those non-LMI: (above 80% area median income). Protect A map (or maps) that delineate the following Items for each target area must be included in the application package: I. Existing Conditions Map; Provide a detailed map of the existing improvements. The map should delineate such items as the location of project and/or size of waterlines, elevated water tanks, sewer lines, manholes, location oftreatment plants, etc. 2. PropQsed ‘Improvements Map: Provide a detailed map showing the location of project, sizes, etc. of (he proposed improvements. 3. Census tracts and/or block groups (by number) and/or Logical record numbers. — — % * — 4. Loat1on of concentrations of low- and modezte-1ncome persons, showing number and percent by ceflsts tracts and/or block groups and/Or logical record number. 5. Boundaries ofareas in which the activities will 1,e concentrated; and 6. The specific location of each activity. Note: The Existing Conditions mapandthe PrposedfmprovemenI. map may be combinedinfo one map f/alt the information shows can be depicted In such a way as to easily 4etermine the djfference between the existing andprcposed, , ;.V• Pegel 10 VIHFA COMMUNiTY DEVELOPMENT BLOCZ GRANT - DI$ASFJR RECOVERY ACTIVITY BENEFICIARY FORM L Gratee 1] Subrecipenf [1 2. SubrecJpIcntlPrqjectfD . Activity Nam. PART I -,2ENPICIARY 1$COM INJORMATION AflhhñeI4y4’b ‘ I._TotNum cnsLessthenorcl6%kMedlIh . 2. Totul Number ofPersons Over $O%jjIibduSO% AiMedt.ht*6. 3._TotalNumbc’ of Persons Over 8O%kcdian Iuc6me. Total PoøuIatiofl A. •. . PART II - AREA 1NjORWrION (Skip Part II ihis is a direa beneflIprqfect) A. Indicatç wher fhe completed project sas targt area(s) specific or coipmunky-Wldc . D Target Area(s) Q Community-Wide List Census Tract(s) and/or Block Group(s): B. Latitude: , Longitude: — nmr- I?a1 rn - —— -- . - ._. - PART III - a XflON (Skip Pan ill ifthLc is afl area wide benefitproject) — ‘4 2.__BladclAfrlcan American 3 4.__Amecan_edi_WAles__Nalvc 5, il’cliawáiiaaIOthcrPsc1flc1slaiidor 6.__American IndwiIA1aaflNabv6 and White ‘7. AsianidW$i. 8. Blic/A*tcan American md White. 9, American mdi_WA1askan?ve and Bladc/A&ica American 10. Other multi-raciaL II._Unknown V V Total Persoas B. BadpfHqufietel , . ,‘,, I— I. Pem&e-Heeded HoieItb1ds Organizalional Head Initials_______ V1HFA Initials__________ Page I II -a t S 3 1l ).J!1 a I L and Mdazs4C..ac* Map SLThcmaidSLkhn $ow* IWO Vsr Oat. 2O9 b.dei MOCemi,s. U.S C.i eweiu OII PrIc Globji CQCt*.d S’,sqm No.lh Miek Qatiaii & IU) ST. P4M .T ‘(OS . !‘!. 10 70.33% 9511 72.25% 9512 73.71% STMHN CensaTra PCI 9501 f54.1R4 9302 1 Subrec4Ien?Agtswent No.’ £4-DR(VtTEMA)-OOI-2OO Agency Vf’Etfl Iskin4 Terrliorfçiaenty Management Agency Pogram: PA7CRProgram Owrslghi APPENDIX E: PAYMENT REQUIREMENT AND DRAW IEQUEST Instructions to Complete the Payment Request Cover Sheet The Payment Request Cover Sheet should be completed accurately and1 in its entirety, to ensure documents aie muted to the appropriate Virgin Islands Housing Finance Authoriiy’ personnel for review, approval and payment processing in a timely and. efficient manner. Theform muss beplaced on your company’s letter htmL 1. Enter the date. 2. Complete the “From Section” with the contact information of the delegated individual or the alternate designee identified in your aubrecipient agreement, contract or purchase order. 3. COmplete the “To. Section” with the contact information of the VLHFA’s personnel idntifieci in your subrecipient agreement, contract or purchase order to whom request for payment should be submitted. 4. Select the appropriate box: a. New Submission if this is the first time you are requesting this particular request for payment. Or b. Resubmission if the request was previously submitted but rejected or returned for additional intbrniation. (Reason for rejection would bave been communicated in writing.) and enter the date the original submission was made c. Enter the requestuimber. If you are a Subrecipient (see definition below), complete Section 5 then proceed to Section 7: Certification Statement. If you are a vendor or contractor (see definition below) complete Section 6 then proceed to Section 7: Certification Statement. Definition of p subreclplent: A subrecipient is considered a. public or private nonprofit agenøy, authority or organization, or community-based development organization receiving CDBG-DR funds to undertake CI)BG-DR eligible activities (24 CFR. 570.500(c)). VIMFA enters into “subrecipient agreements” with these partners. These agreements allow VIHFA to ensure that every subreeipient is prepared and understands requirements needed to satisfy applicable CDBG DR award requirements, as well as Territorial laws. These agreements may include provisions to help determine the subrecipIents procedures are sufficientto reduce risk of noncompliance and to ensure that VIHFA can meet its own responsibility to HU!) for performance and financial reporting. Definition of a contractor or vendon A contractor is a person or firm that undertakes a contract to perform a service. A vendor refers to an entity that is providing the service. No subrecipient agreement is issued to a contractor or a vendor but may be relate4 to a CDBG-DR program (Eamp1e Case Management Services for the Housing Rehabilitation and Reconstruction Program). c4Igts 4greemn1 Updas.d- VITE4L4 P4644 of50 Sub reipi.nt.4gremen1 ?(o: SA-DR(VJ2A44)-OO!-2O2O Aiv,c YrgIn islands Te’riSorIàl &nsrgancy MwwgtrncntAgncy Program; P MATCIIProgram Oversighi SectIonS: (For subreciplent) 5a. Select the applicable Payment Request Type for the program your award was granted, Only one type can apply for each cover sheet payment request. Request for Payroll Reimbursement should be submitted separately. 5b. Enter you Subrecipient Agreement NuMber and Project Number as identified in your subrecipient agreement. 5c. Select the appropriate box: First Payment, if this is the first payment being submitted for the subrecipient agreement and project. Interim Payment, any payment requests subsequent to the first payment and prior to the final payment ofthe subrecipient agreement and project. Final Payment, this is the last payment request for the subrecipient agreement and project. 5d. Insert the Request Number: (The request number should be sequentially numbered for the subrecipient agreement and project. For example: When the first request for payment is submitted for a project, it is number I, second reqLzest is number 2, etc.) Se. If VIHFA approved equipment purchase ($5,000 federal threshold) as a budgeted item, indicate yes and submit an Asset Purchase Ponn. SectIon 6: (For vendors / contractors) 6a. Select the applicable Payment Request Type for the contract or purchase order your services were requested. Only one type can apply for each covCt sheet payment request. 6b Enter the contract number identified in your contract or Purchase Order number 6c. Select the appropriate box: First Payment, if this is the first payment being submitted for the contract or purchase order “ Interim Payment, any payment requests subsequent to the first payment and prior to the final payment ofthe contract or purchase order Final Payment1 this is the last payment request for the contract or purchase order 6d Enter the invoice number or request number Invoice numbers should be unique, and invoices should cover from one service period to the next without overlapping dates In an event that a vendor or contractor does not utilize invoice numbers, a request number should be utilized sequentially starting at ‘4Request number I” 7. Please sign and date the certification statement. Signature should be the individual identified in the “From section” that has authorization to request the payment and was “ identified as the authorized official in the subrecipient agreement or contract. A Payment request will not be processedwithout Kite authorlzln sWnaiure. After the entire payment request is compiled to include this coirersheet and all applicable documents to support the payment request, including but not limited to payment tequest forms, invoices, timesheets and any other supporting documents to substantiate the cost is applicable, reasonable and, count the number ofpages and insert the number in the coversheet footer. Subrsc4I.nl 44gwemsrn Updated- J1TEUi Pine 4S of80 Subrecipieni Açeernnt No: S4DRP1rE1gM.1JoI.2Q2o Agency: Virgbi Islands TerrltaHa? Emergevv Ilonagtmenz Agency Prorani: P MA7tII Prograi, Overriglp Payment requests should be submitted via email to drawrequetcdbgdjithfagov only fthe file 1, 10 Megabytes or siialIei. lithe documents oat larger than 10 Megabytes, please utilize afile sharingprogram suah as Drapbox One Drive, Google Drive or Sharefile and email the link to the email address above and we will upload the supporting documents Into our document management system. All emailsfor requestfoe payment should have thefollowing information In the subject line: For Subrecipient: RequeSto NwnC-P.rOgram type-Subrecipieni agreement number-Project number-Request numbcrTotal amount o request, Example: VI Water and Power Authority-Infrastructure- Agreement #6-Project p2-Request #1- $500,000.00 For Vendor or Contractor: Example: Payment request-Tim Accounting Firm, LLP-lnvoiceN56ll-$400,000.20 ML4CI ‘)4P PAYMENT REQUEST COVER SHEET For COMMUNITY DEVELOP14ENT BLOCK GRANT-DIASTER RECOVERY MWbDIYYYY 1. Date: Z. From: 3. To: Approving Ocer Name Program Manager Name Title Title Company Name Company Name Address Address City, State, Zip Code City, SØ, Zip Code Phone Number, ext. Phone Ntimber, eXt. Email Address Email address 4. Select: E]New Submission r E]Re-Submission - (Original Submission date was: r MM/DD?WW 5. For Subrecipients Cost Only: (Costs incurred by a Subrecipient being submitted to the Virgin Islands Housing Finance Authority (V1HFA) as a Request for Payment to reimburse the Subrecipient or fo pay the ubrecipient’s contractors or vendors directly). (If it’s a request for reimbursement (cost aleadv vaid by the subrecipient then cancelled checks or a ôavnient confimrntion via Subrecipieni .4greement Lpdated - rI7’EL4 pue 4 of80 Subreciplent .4greemeI No: S,1-DRt’I771A)49h?9?O Agency Jlrgin Islands Territorial Emergency Mwtageneni Agei:c.. Program: P MATCH Prygram Oversight must hç includec[jtl s nporØpgIocumei) ?o’io mt ()‘p 3ls:qJbe hidlt4ef ei1th ç pa’ic,i Iidt ci et le(lër.) -ç a. Request Type: [flHousing E3lnfrastructüre OEcoomio Revitalization C Planning C Payroll eimbursement (Costs incurred for stafftime (may include pay and fringe) that are supported with payroll records. b. Surecipient Agreen)ent No. ________Match Applicatiop No. __________ c. Is this the: DFirst Payment LJlnterim Payment CFinl Payment Request? d. Request No:F - e. Does the request include an equipment purchase (prior approval would have been granted from VIHFA)? DYes C]No If yes, a copy ofthe. asset purchase form should be included. Note: For sz,breclpieisfor -which VIUFA is paying all vendors direorly, please intlude a vendor set upformfor anv new vendor included in this payment request andproof(hatthe vendor has been, citeeked through Sam gay. Failure to do as such will delay processing. 6. For Vendors/Contractors cost Only: (These costs are incurred only through Contracted Services and supported by invoices not associated with subrecipients’ agreements for projects or activities.) a. Request Type: CHousing E]lnfrastructure []Economic Revitalization C Planning C Administrative b. Contract No._________ _____ or Purchase Order No. - c. Is this the []First Payment iiinterim Payment []Final Payment Reuest? —- _______________ d. Invoice No: I or Request No: I 7. CERTIFICATION STATEMENT: __________________ on ____________________ (4uthorized OfficjalSignature as identified in Agreement/Contract) (Date) Hereby certifies that: in connection with this paymeIt request and in accordance with the Subrccjpient Agreement by and between VLHFA and Subrecipient, or çontractor/vendor/subcntractor that (a) th invoice is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Subrecipient Agreement; (b) to the best of the Subrecipient’s Subrecipieni Agreement Updaled- l’1TfAI I rag9 47 Qf *0 SubrcqfantAg.emenI No: SA-DR(VU5MA-3OJ-2O2O Agency: rtrght hk, Te,W*crWJ Emergency Mwwpmenl Agency Progwis PW4TCR Program Ovei(ght knowledge, the funds requested do not duplicate reimbursement of costs and services from any other source; (c) the amount requested was/will be expended Rr allowable costs / expenditures and are permissible under the terms of the Subrecipient Agreement or grant; (d) the current payment shown herein is now due and has not been previously paid; (e ) expenditures bitted herein for employee reimburseflients are actual amounts incurred and paid to the employee(s); (f) Timely payments Will be made to subcontractors and suppliers from the proceeds of the payment covered by this certification within 3 business days from receipt of funds and proof of such payments shall be provided to VIHFA within 6 business days om date ofreceipt ofthe funds; (g) the amount requested herein does not exceed the total funds obligated by contract; and (Ii) the hinds are requested for immediate disbursement(s). The SubrecipientlContractorfVcndor has reviewed and supplied all necessary supporting documentation for the attached payment request. ____________Total pages including cover REMAINDER OF THIS PAGE LEY BLANK INTENTIONALLY ubrec(pn1Agremefll Updated- IF1TE4IA Pegu4SotIO Subreclpknl Agretmenl N.SA-b4flffEAM) 001 2020 Agency (‘irgin islands lIlanagenient lgenct Program P MATCh PraframOrerüj’il VIRGIN ISLANDS HOUSING FINANCE AUTHORITY 1202 Demara Plasa Suit. .200 • St. TMnias USVI 00802 Tel.phone (340) 777.4432 • Fax (340) 775-7913 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY E Uf.STORM I!JSIUCTION5 3.: t,S4 d*MIflhi 1 To .ohoILEE$. -- a T - nii..:o — • ‘rOr.ntAWerd Irtloimsilor, hi Section 2 - i 817-DM-7*-tOi 2. -‘ --,--. ——.———-———— VV-V—— •_-— ._V___V:•V --•--—,-— pg bmownerahl tHoulin. _______________________________________ V_V - V amieflivteiism.ii _____________________________________________________ V a -.__-- St.pS - -. ______ Int.ryourDrswdown equest in Section 4.1)iis is en oereii aumm.rvby budg.tcategorp or budget line Item. The intermmtlon provided her will be (u,tIi.r broken down oh PCIO 2Payment eqq.at o.talr. V VV jEnt.r the budgeted tin. item forwh)chYour. iltln4edrw from. ______ d Amount Enter the bud.tad amount for Us. budaaIa!lteTh. - V V V tym..tsted V - Jt.r the total amount çf fund. the; hau3.) tequestad pnd re4 •wr request • the mDunt thetyuar. currentI reqU.1Ur410r - uest.d lo Ce?. lEnt., totai 1M0W11 r.qu•ated to date Add “Previously This field V. {Ihou)dit.m$1clIlvcy.l.te V - 4 C - 1fQ%iI1,dgeted Am.un minus Peouestad To Data’. This ft.Id ih4 1Icui.je psi Enter a brief description of ep.ndlI,jres or sepvices being requested for payment or any other pertinent information with reg.,da to top 7 Based on Section 4, .nt.r detail payment request Information on tie Pansent Request Detail” (pig. 2) lorCacti iflyOlce The Involcal hould b. grouped by U. budget category/budget line urn etts wmm.rzed In SectIon 4 (Stars 5) For each invoice, enter the biad1et line Item; the vendor, a brlefdescpbon of the expense, the Invoice date: the Invoice numr: and die Invoice amount s section must be aimed by the suihorited cartIfying ptflciti. Plies. reed th. certifying Statement end sign if you agree psi or the Subredpient Use Only” section, enter the hems of the employee who prepared the payment request end ent.r the date ‘VI$FA attic. Ike only” section, to he co.Iei.t.d by the outhentiad V1HFA ualt. - V V V V Stibrectplenr Agreement Updated - I 7Tb.A14 V V Psge 49 of 81) .(. ,smstlon In S VIHFA VI 1 V - [uastforgo,nantf - ._ — - kimmary in S.cdor, S. L çng ‘ V - V fii$undsAvsiliw. [Add ‘Approttad PJbgie*i lncoma ReceivEd’ This field should automatically L fcaiculaiia. V V - Funds isburaidt Data totl for paymentto date VTh11 Includes any program lillemalning Awliitd Amount L IVjWid$Dfatlrsed 70 Date’ This flaid should eutommdcafl V V •. - V Step’ V V eIect t*. Program for which the activity Tails under: — - -_-_J_ — - —- Subreciptent Agreement No: £4.DR(J’ffEAfA)-OOI-2020 Agency; I’frgin Islands Terrftorlal Emergency Management Agenc’,r Program: P WATCH Program Oversighl “- - - - ddes w I . nal: --- -_____ eiwi a — . FmIpe.cahd —- ________ RIr —I C intrr$ticlN ci zIOfl C fc)theameswt requested hisOi don nat .xcaed 11w totaIIWidscated b c.t*ract. and Miha rds era tequt.d 1w c&I mmedoI. debwsemu. I he ci4it’ that thi goods sod sn41w i.mlces essdacod h been de#eesida adornwd b gcod’der witiwitli. t*ie bead abea and it. mcomolwsc, wgh as wetiXesy i.qubamaide and vagsdstlons I c.rdfthat tNs request deal nOt kiciuda any athncee or ?imdsfr tutiae obaUxJ uøiothedOfflda15gnitum 0ae___________ I hereby certify that this sequestis proper Ice payment In accordance with the aveanient CDG.DR P101mm Min.r ______________________ ___________ CaIG•0 PteVem kiilot Manpr Dit•: _____________ cD80DDlmctor am:___ Subrecipient Agreement updated- VITb.iIA Page 50 at 80 3202 Demar. ptgja Ssjtp 200 a St. Thcns, USVI 00802 Telephone 1340) 7714432 • Feb (340) 775-7913 COMMUNITY DEVELOPMENT RLOCK GRANT DISASTER RICOVERY PAYMENT REQUEST FORM VIHFA FflU dItanLDft.c..21.1Q / L - __ Pr.adft IPttntl Subrecipieni Agreement Nd: S4-DR(J’IT&4M)-OOI-2020 Agency: Virgin Iihrns Territorial Emergency Managemeni Agency Program: P AlATCI( Program Oversight Subr.ciptent Agreenient Updated. I ITEAIA - _t- ;)_ ) Page3I ofO P — J1bW VIHFA --‘4— .Subrecip1.ni 4grs.munt Nd: S4-DR(P YTEAU)4)OI.2020 Agen: l’frgh, Islands TerriiorioJ Ernergency Mana9emthl 4pnø Program: P MATCfIProgram Overs(ghi APPENDIX F: MONTHLY PERFORMANCE REPORT (MPR)I DISASTER RECOVERY GRANT REPORTING SYSTEM REQUIREMENTS VIRGIN ISLANDSjHOUSING FINANCE AUThORITY INSTRUCTEQNS: CDBG-DR MONTHLY Sf4rUS REPORT All GDBG grantecs are required to subiüt Monthly Status Rel(MSR’s) on a monthly basis and a final project status report prior to project closeout Qf4Iç(e by the Implementing Agenctes the information collected enables the Virgin IsIaII Hbtslng Irnance Authority (VIHFA) to gatasf, record keeping, reportsng, and monitoring tequfrements of the United States Department of Housing and Urban Development (KIJD). VILWA reserves the right to process any request for Iunds for projects that do nothave statudreports submitted to VIHFA by the uniform due dates listed below. The tab beLow outlines submission rcquiremnts. The form has 21 sections. Please contact the VIHFA) Monitoring and Compliance Section with any questions about completing thç ODBG-DR Monthly Status Report. Information s)iould be submitted reTating to the ciurent reporting period only. Please check the project status- reporting period at the top of the form and identify the report number (e.g. 1, 2. 3, dc.). Required reporting includes: SuaC3O 1ily30 December 3114 January 3O’’ Final PrôfetsI*hIReport When all acttvmes are comp!eLcd. all funds drawn, and monitoring report(s) cleared, prior to project closeout. SUBMfl: AU project status reports to the attention ofyour Program Rcprcsen%ativc. Upon completion ofthe report, sign and send scanned (color) copies as a PDF or send the hard copy to: Virgin Islands Housing Finance Authority COBG-DR PmVfim Attn: Monitoring and Compliaçe Section 3202 Demarara Plaza, Suite 200 St. Thomas. VI 00802 I I’. ‘\_I ‘I(y i i n t CDBG-DR Grant #- CDBO project tniflaber Grantee Orncial name ofODBG grantrccipient Fed Tax ID # Federal E’ax IdentificationNumber DUIjS W Certified Administrators DUNS Number Adth-ss Mailing Address S,ubrec(p1eai Agreement Updated - I’ffF%Il Pzgc 52 of 80 Subrecipient Agreement ?o. SA.DR(VIT6$ifA).OOI-2020 Agency: r’ivin 1iIads Territorial £merge#wy Uw.qg.nwns Program: P MA7CII Program Oversight Identiti the date the contracibeglns Note: This dare never changes. tdenti( the original cpnfraçt termination date. Qte: this date never changes. 1déntit’ the extension date ofthe contract, as amended where applicable. 1iote: if the contract end date changes due to an executed contract amendment, Ident1t the revised contract end date, 1denti’ the date the P’ Amendment Request was submitted ÔV1HFA tdenti, the date that contract amendment wasexecuted (this is the date that V1lWA signs the agreement) ldcnUl’ if the amendment request was for (select alithat apply): • Extension • Progtam Guidelines • Accomplishments • Other (For changes not related to the above common types). Identity the date the 2’Amendmcnt Request was submittedto VIHFA 1dentit’ the date that contract amendment was executed (this Is the date that VIHFA signs the agreement) ldentit’ ifthe amendment request was for (select all that apply): • Budget • Extension • Program Guidelines • Accomplishments • Other (For changes not related to the above common types). — Sl:I i’ -i v’ Mw4:; SItlfl1i.\\() V... .1. . I. -y.ci :1.j.. — 4w.. liv ii List each activit)’ type from the Agreement / Scope & Budget. Compare the status of each a4tivity to the project Iatus identified in the current implementation schedule. Activity Type 1dentif the Activity Type Imptemenlation Schedule 1dentit the Ac1vity start date Identified on the Agreement / Scope Progress ofActivities Describe the progress ofthe ectivity Current Status Check the box that best describes the current status of the activity: Subreciplan; Ageem.nI 1oda;eq! Pee 53 of 80 ir..” - ContactPer.son Mail PhOne# SAIØ Erj5iy Thiie Individual from grantee r Contact person’s .mail - Contact perspns phones Grantee’s SyStem forA j y-to.idyadministtation The preparer ...... report is required toSigii and L.. CóBG Monthly Status Report is true and accurat’e. iicgisbation expiration date Jflfortiàtlon subñütted en 1. Si ( F FC )\ t F I1I)( _ I ( I Contract Start Contract End Extension Date Amendment Requested I Amendment Executed I Amendment Type 2 Amendment Requested 21 Amendment Executed 2M Amendment Type • Budget Sábrectpien€ 4jreemeiit No: s-flh(’lTEM4l.OOI-2O2O Aleiwy: I’isEInI.,lañds Territorial Rm.rgenv Management Agesuy Pqgram: P MATC’IiProgram Owqlght • On Schedule • Ahead ofSchedule • Behind Schedule (3 months or nore) SECTION 4-8. ACTIVITY PROGRESS-BEHIND SCHEDULE Complete this section fany activity is identified in Section 4-A s being significantly behind. Significantly behind is defined as 3 mOnths or more. • Indicate “yes” if the activity will be completed by the contract cnd date • Indicate “no” if the activity will not be completed by the. contract end date. If apy activity can be completed within the contract perto, attach a revised Implementation schedule. If an activity cannot be completed within the contract per,iod and an extension request will be s,ubmftted revised Implementation schedule does not need to be ubmitted withthis report. • Indicate ‘eyes” ifa contract extension Is needed. • Indicate “no” Ifa c*ntractlext6nslon is not needed. • Indicate “yes” ifa contract extension will be submitted, • lndIcae “no” ifa contract extension is not be qbmitte4. ‘I I I j)\ I k’ ki - i)I ( I I\ I II % Provide a concise account pf progresj that includes a detailed nawative description oF accomplishments. Ref en ,th GrAntee Implementation Schedule and report progress toward Øroject and activity milestones, Descrjp include project locsI9n relationship to community and neighborhoods acuvities widiJntation schedule quait problems or setback rcsulting)n delays, accomplishments, part1cip1tIi{erships, and other issues causing delays or progressing ahead of schedule,, such as envirônmen1’d labor contracting and/or compliance. Include whether the prøjec Is on or behind schedule, if beWmd explain why. Also, include information on any project amendments or extensions. If completing no activities during the reporting period, please explain. VIHFA reserves the right to notprocess CDBGfi,nds without a narrative repdrl. Check Ihe box ifthe Project Involves Housing uclj%ies, Then provide an alldched reportfor units assisted lthin the reportingperiod RcportontheappropriateNatonaI’ ? thecontrect. be. used fçr all CPBG-DR funded activities associated with lb. Low- and Moderate-Income NatioiaI Objectiv, and subcategories therein. Section 6-8 shall be used $or all CDBG-funded activitløs associated with the PreventibnlElimination of Slum/Blight National Objective and Seclioi 6-Cshall be tsed for all activities funded as an Urgent Need. SECTION 6-A. LOW & MODERATE PCOME ldcntil’ the Activity Type Destribe the clrcumstnrn schedule. Activity Type Circumstances/Reasons Will the actiyit be compIted by the contract dates? Revised Implementation Schedule Is a con,,tract extension necessary? Gontract Ammldment Qil1 be iquested? es/reasons why this activity is behind Note: I I Subrecipleni Agreement Updated. I’ITEA(i Pqe 54 of 80 SubrecipfentAgrumrnt.Noj &4.PR(VIT&ifA)-OOl-2020 Agency ThØ Islantis Ten*orwl emergency Management Aglpcy Program: P A HJ-ogiam OwrsighI Complete the beneficiary date related to the pnject’a activities national objective. Column A. Total Beneficiaries This Report Enter the actual cfltal beneficiaries (based off the national objective completed) assisted during the reporthig period. ColUnut B. Total Bcneficibxies Cumulative Enter the actual beneficiary data (based offthe national objective completed) assisted during the life ofthe con ract period. Use the sum ofcurrent and &l previous reporting periods. LMI Area Benefit ([.MA) Only complete this section once all project activities havebeen completed. These iiumbera should align with the beneficiaty data identified in the contract between the Department and the grantee LML Llm(tod Cliehtele (LMC) flependüg on the activity: • Job aining: Completethis section as LMI individuals are enrolled Into the ptogralm At least $ I percvit ofthe clientele are pcteons whose thmily income is considered LMI. LMJ Housing (LMH) Complete this section when a beneficlety’s assistance Is completed. LMI Jobs (LMJ) Complete this section when a beneficiary’s job ja createdhetaincd. SECJ ION 6-B SLUM & BLIGHT Complete the Slum ad Blight national oWective infonnation based on She CDBO Contract accomplishmeins, a)so reference Application Exhibits F-i (SBA) ori-2 (SBS). Note: For commercial rehabilitationprojects, include snimbr ofbzislnesses assisted Slum and Blight on an Area Basis Slum and Bligliten an Area Basis • Indicate “yes” ifthe activity meets the NationaJ Objective through Slum and Blight on nMeaBasls. Complete the tbllowing questions. • indicate ‘4no” if the activity does not meet the National Objective thrnigh SlUm and Blight on an Area Basis. Skip to the next seCtion, Slum and Blight on a Spot Basis. SBA Compliance Review Record Attach Bxhibit F-i: Slum and Blight Area Basis Documentation Has she ài Vo4een officially designatedas • Indicate “yes” Ifthern Area Jias been omcially designated. Shun or Bilghte4 by local/coisy • Indicate- “no” ifthe Area has notbeen officially designated. govensmeiit’ CDBO-fiuided activities meeting this Ntlonal Objective Subcat(gory must be deainated to be eligible. Is there proper documenrarlonfor Designation must be wIthin 10 years ifthe program designation? • Indicate “yes” if there is proper documentation fbr designation. no” if there Is not proper documentation for designation esignated Iear I4enti the year that thatthe Area was officially designated, R-Designaied IdendlS’ the year that that the Area was oflicially re-designated. Subrec4pient4gyeemeni CIj,dased- 7TEMA Ppc $5 of $0 Number ofliusinçsesds,rlsled CôIumnA. Total This Report Number oJBu.cidesaAssisted Column B. Total Gunuilgilve Slum and ilight on an SpotBa,Lr .a Slum and Blight on an Spot Basis ldehtieg the number of qualified bulldlngWpropcrtles that arc designated. This number should align with the number en the application, Exhibit F-i. ldeñ1it the percentage ofqualified bulldingslpropeiiiCs that arc designated. This number should align with the numberon the Application Exhibit F-I. Enter the actual total businesses assisted during the reporting period. Enter the actual total businesses asSisted during the life of the contract period. Use the sum ofcurrent and all pviods repoWng periods, • Indicate “yes’ if the activity meets the National Objective through Slum and Blight on an Spot Basis. Complete the following questions. • Indicate if the activity does not meet the Natiónàl Objetive through Slum and Blight on an Spat Basis. Skip to the next section, Slum and Blghton a Area Basis. Attach Exhi4t F-2: Slumjnd BllghrSpot Basis Documentation. See Applicafion Exhibit F-2 for further explana(ion. • rndicate ‘ye&’ if the Spot is not IotaId Within an Area that has been daily desi’iated. • Indicate ‘no1f the spot has been officially designated. If you mark “W’. your activities do not meet the requiremenWof$BS. Under S$S the pro)th1 AcllWry can eliminate speciflc coiditIopi.s defrirpental topibllc health andsp’fety. • Indicate i’s” if there Is proper Øinentation for how th Activity eUmIntes public healdtqiid ,fey. • zndicae “nO” if there is not prop%dOcum.nlution for ho* the Activity eliminates pubUchealthMd safety. you marked “no” your activities do not meet the requirements ofSBS. Enter the actual total businesses assisted during the reporting period. Enter the actual total businesses assisted during the life ofthe cn&?ct period. Use the sum ofcuzrent end ill previous reporting periods. _Jtótelb_ identificdby race and ethnicity • IöTAL POP Summarized by total popu1*w eac r the number ofthe actual toI bejcflcIarIes assisted during this reporting period. • HISPANIC: Summarized by ethnicity for each race, enter the number ofthe actual total beneficiaries assisted during this reporting period. Subriciplent 4gØnent Jo: S.bRfl’lTEMA)-tJOl-3O2O 4gency: ii,fn jjnd Territorial Emergencj’ Management Ag.ircI Program. P sII4flI’H Program Over#lght Menber ofQuaitfled Buildings IProperties % ofBuild1ns/Propert1es 85 Clomplionce Review Record VerIJj the spdl is pj.jocated in an officially designated SB area. The Activity eliminates specjfic condivion detrimejijpubIlchea1thpndsafey N.Ejhesses AssistedColumn A. Total Th1fRport Number ofBusinesses Assisted Column B. Total Cwnujaslve Subreciplen? Agreement tJpdand.- 17’EAL4 Pgc 560(80 SubrectpietUAgreemenl Vo 44-DRfl IlEMA).001-2020 Agency. I’trgin Islands TerakarIoJ Emergency Management Agenc Prograni P MATCH Program O4rsight Column B. Total Cumulative Enter the race oftheactual total beneficiaries for the prOject to date Note: (including all reporting periods, identified by race and ethnicity: TOTAL POP: Summaiized by total population for each race, enter the number ofthe actual total bencflolarics assisted during this reponirg b period • HISPANIC: Summarized by ethnicity for each race, enter the number of the acfual total beneficiaries assisted during this reporting period. • Attach a separate page to report on attivitles with more than ãne national objective If beneficiaries differ. • lf4iuslngRedptiets: Report the race and ethnicity based on the bead of household ror each unit asststàd or enéb household assisted. • The total identified In this section must match the totals Identified In SectIon 8. Income Levels. Column B. Total Cumulative Note: this reporting period. IdcntifS’ the income levels of the actual beneficiaries assisted for the project to date (including all reporting periods). Complete this ection only for activities that miet the LMH national objective. Column A. Total This Report ldentit’ the total female head of households of the actual beneficiaries assisted during this reporting period a Column B. Total Cumulative IdentiIi the total female head of households ofthe actual beneficiaries assisted for the project to date (including all reporting periods). Subreclp(enl Agreement Updated - I iTIM4 - Piac 370180 _.Jb_—- Nr - -— fl—IEr e-. —t .. — ColumñA. si i&s Report ld , _i fnéot..... .. .. actual beneficiar.es as_.sted c._..., • Attack a separate page to report on activities with more than one national objective Ifbeneflciaries differ. The total identified in this section must matCh the totals Identified in SectIon 11. Race and Ethnicity. • lIduslng RecJient Enter the total number ofhouseholds benefited based on their annual incomes as they relate to ihe HUD income limits located at: MJ/www.hwfuicr.or81datasetsfILhtml. • Economic ProØmRecipientr Enr the total number ofpeisons benefited based on their annual incomes as they relate to the I4UD income limits located al: htllçoqIdthriLhpnl. • Other PropvRecipients: Ifyou conducted a swvey and collected the information, enter the toiàl number ofpersons benefited ba ‘ nn 5) - incomes as they relate to the HUD income limits located at: l3flp/Ir j. Do not duplicate numbers. Count each person only onci thu between. Ifthe survey did not include the income lev Number ofincomes between 50-80% AMP’ and non LMI Number ofIncomes at or above 81%. -‘ : s II)\ II IIl.\I) (I IIUI III’)LI)S Applicable LeadPains Requirement: Cwnujatlvç Total Lead H&rard Remediotion Actions: (RehabIiitat1n Only) Total Units assisted ldentifS’ the number of Units that met the applicable leadhaWd remediation actions: • Lcad Safe Work Practices (Hard Costs < $5,000) • interim Controls or Standard Practices iIard Cçsts S5O0O - $25,000) • Abatement (Hard Costs $25,000) Note: Fields that are ‘blacked!grayed out” do nOt reqdire data. Total behefliaries (persons, jobs, businesses assisted units, or households) for each actWity are to be recorded on the first row which is Identified with an asterisk [9. The Total persohajobs In activities one, two, seven, and eight (i,27 and 8) must equal the total ben4clanes reported In section VIII (Race and Ethnicity) Subsequent rows labeled ‘ia. b. c” entered only as it is appropriate to the projecL Column A. Proposed Beneficiaries Column B. Actual Beneficiaries This Report The beneficiaries identified in this section should align with the beneficiaries In the contract. Tabulate b.cneficiaries by counting ge individual peOple who will benefit from the project. •- • Enter the proposed LMI befleficiaries. • Enter the proposed total beneficiaries. Housing Projects’ Tabulate beneficiaries for housing grants v counling the number ofhouseholds that benefltedfrom thegram. Commercial RChabilitatin Projects: rabulate beneflckries L’ counting the number ofbusinesses that beneflt.a’from the.grant. • Enter the actual liMi beneficiaries during this reporting period only. • Enter the actual total beneficiaries during this Subr*lpieiljêyemtiu 1 SA-DRtVn’EM4-Opl-2O2O Agency. t’IgIatds Tewitorwi w,gencp Ijanagernent Agen Program (4A1GM Program Oversighi ‘Complete this sedllá onlyL Applicable LeadPaint Requirement Irnet the applicable Ieadpaint requirqment: • Housing constructed before 1918 • Exempt: housing constructed 1978 or later Otherwise Exempt • E*ehipt: No Paint Disturbed. Leai Hazard Remedlatlon Total Unif Assisted Actlon: (umulatlve Total Note: The total unit$ aSsiSted in the Applicable Lead Paint Requirement CumulativeTotal and the Lead Hazard Remediation Actions Cumulative Total should be equal, I i....s section requfr.c comp’etionfor aawrded(i3 AcJMtIes. corresponding Category ofFunding that applies to the project to ripon .y data. Subreclpienl.4grsement 1;r,äaied - I #&AIA Page 58 of80 SubreØpi.nt4greement No: SA-DR(vJTEMA)-tOl2O2O Agency Pirgin Isiand.s ftrrito,€ai Emergency Uanag.nientAg.ncy Program: P MATCHProáram O,erslghi tepoiting period only. Someprqleds rna? not hM’e wy actual beneficiaries until the project L complete. Column C. • Enter the actual LMI beneficmrtes for the life ofthe Actual Beneficiaries Cunwlailve project todate. Use the curyent reporting period and all previous teported periods. • Enter the actual total beneficiaries for the Life of the project to date. Use the current reporting period and all prevIous retorted periods. Some projects mayot have any qotual beneficiaries until the projec( Is complete Row 1 ldet%ti’ the total umbor ofpersons assisted by the project Planning in Columrt A, B, and C. Generally, actual Beneficiaries will no be reported until the projecti oom,lete ad the Final Planbing Product is approved by the unit of local government. Row 2 ldcnlif’ the total number of persons assisted by the project in Facility and/or Publicinfrastructure Colunin A, B, and C. Actual Beneticiarles will not be reported Activities until the project Is complete. In rows “2a, 2b, and 2c” , report the appropriatebeneficiaries as applied In the project, The totals in 2a, 2b, and 2c” are subtotals of the first line, they should not be duplicative and should relate as appropriate to the project. For example, a project may provide improved access to a facility or infrasinicture as well as provide beneficiaries to no longer have access to ONLY substan4ard fadllltks or Infrastructure. In cases such as these, the number of beneficiaries would be reported in both datafields. Row 3 Rejital Units Identifr the totat number ofrental units completed in the project in Column A, B, and C. Enter data. requested in “3a. through 3f”. relatingto the proposed and actual units as appIcabIe. Row 4 IdentItj the total number ofrehabilitated units completed In the Owner Occupied Units Rehabilitated or projec*in Column A, B, and C. improved Enter data requested in ‘4a. through 4d”. relating to the proposed and actual units as appllcble. RowS !dontif’ the total number ofhousing units completedin Horneownership Units Conszcted the project in Column A B, and C. Acqwfred ondfoa Acquired with RehabiliMionAcflvl(ics Enter data requeste4 in “$a. through Sf’. relating to the proposed and actual units as applicable. Row 6 Idcntif, the total number of households receiving homebuyer $ubreclpteiu .4greemens Upias’ed - V17’EMA Pat. $9 ottO Subrecipleni dgre.menl No: A..DRp7TE4L1J-OO!-2O2O Ageny I’üln lslanLU TerrborJal Emergency Manegemeit Agency Program: P ?JATCI( Program Oversight Homebuyer Down-Payment Assistance assistance in Column A, B, and C. N’ote: Fot row “6e-6g”. the word “service” refrs to “Down Paymçpt Assislance Service” Row7 Identify the total number of jobs created in Column A, B, Jpb, Creote4 and C2 EDA Classifications requested in “7c”. should be reported in Secfion 17 of the project status report. RoW 8 Identif’ the total number ofjobs tctaiped in Column A, B, and C. Jobs Retained BOA Classifications requested in “8c”. should b reported in Section 17 orthe project status report. Rowp tdentfy the total number of businesses assisted in Business Ajslsted Cohiiftb ‘A B, and C. Foreps period, the DUNS Nurabera of the bus2nessçes) IfthereIj than one business, attach a separate sheet with die DUN’s number for each bs1ness asslted. Enter the proposed Fulidimo, Full-time LOW/Mod (LM91il-time1 Part-time Low/Máir (LMI). Full-time and FuIl.time Low/Mod should be repô in number ofjobs. Part-time and ?art-time Lowit%19d are to be rpported in hours. Column A. Proposed Beiieficiares- Enter the proposed LMI Jobs to be created for die Created project. These must corre.pond to the proposed beneficiaries that were detailed in the awarded contract çr MOU for Ihe project (in most casq çhls number will ncil change during the life of/he projeci). Column A. Proposed Beneficiaries- Enter the actual LMI beneficiaries during this Enter the Retained proposcd LW Jobs to be retained for the project ‘1ese must corrctpond to the proposed beneficiaries that were detailed in awarded contract or MOU for the project (n osi cases thl.c nijrdber will nOt change dun nf life ojihe proJe&). Column B. Enter the actual LMI Jobs to be created for the project This Repor? - Created during this reporting period only. Someprojetis may no, hai’e any actual beneficiaries until ihe project Is complete. Column B. Enfer the actual LW Jobs to be retained for the prQjec This Report - Retained during this reporting period only. Some projects may not hm’e any actual beneficiaries until the project Is complete. Subreciplen? Agreement todaiad- 1ffF4iA Pip 60 of50 ______________ - - L Colwnn C. This Report - created Column C. This Report - Retainedi kP. Enter the clqaI JMl Jobs to be 43.th jecr for the life ofthe project to date -inoIt1dhj,m of all reportin; peils. LSe the current eporlingpe1iod and all previously rcportedperiods. Some projects may norftoye any actual beneficiaries until the project is complete. ELer the actual bMI Jobs to be retIined Thr the proecb for the life ofthç projec’ to daze-including the sum of all rcportmg periods (the current reporting period and all previously reportedpertods). Sante projects nay not have any actual beneficiaries until the prcijectis eamplete. Column A. This Report (Jobi Created) Column A, This Report (Jobs Retained) Column B. Cumulath’e (Jobs Creaied Column B. Cumulative t’Jobs Retained) Inter the proposed LMI JObs to be created tar me pl’oject during this reporting period only. Some prqjecls may not have any actual beneflclarie. until the project Is complete. Enter the number of LMl jobs retained for the project during this reporting period only. Sdme projecl.c may not have any pclual bendflclaries until theproject is complete Enter the number of LM1jabs created for the life ofthe project to date includinge sum of all reporting periods. Use the current tepoltng period and all previously reported periods. Soni prçJçvgs may no? have any actual beneficlarlwuntll he prpject is omptele. Enter the number of LMljob retained for the life ofthe project to date including the sum orall reporting periods. Use the current reporting period and all previously reported periods. * ‘I Some projects niäi’ not jsav any actual beneficiaries until the project is comp1ete lYole: The zolbis must march she totalJabs create&reained as Identified in section 13 number seven ?) and elçhl (8) on thisform. Job Ceteoiy betinhtlons Officials andftfanagers ubr.clpient dgreenaeni tlpdaied - liE.%tI -4 — —‘-i—— — Occupants requiring administrative personnel ho set broad policies, exercise overall respon5lbility of execution of these policies, and Individual depArtments as special pb of a firm’s operations. This includes Officials, Excç,iitives, middle management, plant managers and superintendcnts salaried supervisors who are members of managemen; purchasing agents and buyers, and kindred workers. Page 61 ofSO Agem (slandiTeLIiil merg.ncy Alanaement Jginci ProØW?P4TCHProgrE4Os1ghI Sufr,co(ent 4gswmcnt No! &4.DR(VITFJ44).OOI-2020 Agçncy. Virgin Islands Tenltorljzl £ineajncy Mnnag.mem4g.ncy Progrmi. P L47CHFrogram Oversight Professional Occupants requiring either college graduation or eXperIence of such kind and amount as to provide a comparable backVound includes: accowttants and auditors, airplane pilots and navigtors architects, artists, chemists, designers, dietitians, erlitors, engjneers, lavyers, Iibra4ans, mathematicians1, nelural sølentists, registered professional nurses, professional and labor relations workers, physical sc1ent1ts, physicians, social scientists1 teachers, and kindred workers. Occuant8 reqidring a combinitlon df baic scientific kiiowlcdgc and. ñianual 3k111 which can be Obtained throtb abut 2 ycar of post4dh school education such as Is. offered hi .y technical uiStiwttons nd junior Colleges, or through equivalent on the job trlning. The incJudee computer programmers and operaters, drafters, engineering aides, junior coginapra, inatlienadc aides, licensed prctIcal. or vocational nUrses, photOphen, fadlo operators, sclcntlflc assStanta, surveyors, technical fths1rators, Iócbniclns (medical, 4ental. electronic, physical science) and khadred WOilcera. Sales Occupants engaging whoIy or primarily in çlircct selling. This includes: advezilsing agenda and sales workers; insurance agents and brokers; real estate agents and broken; Sales workers demonstrators and retail sals workers; and sales clei*s, grocely desks and cash1ers and kindred workers. Office and Clerical Includes all clerical-type work r.gardlea pf level of difficulty, where the activities are redombiantly non-manual though some Manual Work not dtct1 lnvoliCd With al ñgortranapOrthg the prOducts IS Included. ThIs inclidös boäkeepex, cahlirs, collectors (bills and accounts) nltëngrs and oWce helpers, office machine pernt6rS, h1pping and receiving clerks, stenographers, typiSts, and secretaries, telegraph end telephone OJiCIatQrS, and kindred workers. Craft Worker (Skilled) Manual wotkcrs of relatively high Level having a thorough slid comprehensive knowledge of the processes involved In their work. Exercise considerable independent judgment and Usually receive an extensive period of training. This IncLudes: the building trades, hourly paid supervisors and lead operators (who are not members of management), meChanic and rejairers, skilled machining occupations, compositors end typesetters, electricians, engravers, 1ob scuers (metal), motion picture projectionists, pattern and model makers. stationary engineers, t5lLors, and kindred workers. Operatives (Semi-Skilled) Workcrs who operate machines or other equipment or perform other factosy$ypc duties çf tertuedie skill level which can be mastered rn li few weka and. require only Ihnitcd training This includs: apprentices (auto mechamcse plumbers, electrzclans, madhmIstsmecharncs, bnlldmg trades, metal working trades, prifltmg trades, ate), operatives, attendants (auto service aRd parking). blaEteñ, chauffeurs, delivery workera àress ifidkers and sewers (except factory), dryers, furnaces wprkers, heaters (netaI), laundry and Ey cleaning, opera*wes, milliners, mine operatives and Iaborcrs, mqtor opents, oilers and greasers (exeept auto), paIntess (ecocpt construction and maihtenanct), photographic process workers, bofler tenders, truck and ta(& drivers, weavers (textile), welders and flamemetaworkers, and kindred Workers. SNbNCIPICIU Agrdemeni Updated - VJThMA PigS 62 ottO Subrecipi.tii .4grevment No: SA-DR(I77’EAIA)-OlJI-2020 Agency: r,riIslands Tertlso,IoJ Enwrgençy Management .4gency PedglErn P MArcffProgram OversIgli Laborers (UnskIlled) Workers in manual occupations which generally require no special training perform elemcnlaiy duties that may be learned in a few days and require thptjn of little or no independent judgment. This includëi%JEborers; car washers and greasers; gardeners (ecep f) I4grpupd keepers; stevedores; woodcOppers; lmb*i P1F131qU141? Ufting, digging, mixing loading, and puIlin worktrs. Sersice’Workers Workers in both protec jve,qj&(çtive service occupations. a This Includes attendants (hptIL end other institutions, protesslonal and personal service1 dh% nurse s aides and ordcriies5, barbers, chair- worlçers and.. cle4ners, cooks (except household), counter and fountain workers. elevalTr operators. firefighters and fire protection guards, dOor keqers stewrds, janitors, police officers and detcctivcs porters waiters pqd waitresses, and kindred workers. I!.IsHhlIlI!. - Complete ihLs section for the contrcIs awardad durln2 rpthlne per1óI onW Both hifonnailon fo s grantee, conirdc(Ors aidsulconiracIo.rs must be combined Please roundstaffhours to the nearestfill hgurs. This seclipn Is to be 6mpleted regardless ofwhether theproject Includes a Section 3-covered contract. Pjease attach additional sheets as neededto Include all Job categories. Note: Rgporl a.3compllshnienls regarding employment and other economk opportunities provided to low- wd TI’ I II[ IiI’OI I I RejOd aD Section 3 Contract’lnfonnation on an annual basis from July 1St tOJune 30th oa the June’ 30thProJct Status Repori Columnj’l) • Enter the name ofcompany or individual with whom a contract was Conl,acior/Suhconfractor entered into (Contractor and/or Subcontractor). Name & Addres.i • Enter the Street àddres Enter the City Name Enter the State • Enter the Zip Code Column (21 Enter the Federal Identification Number, or enter the last 4 digits Contrat1or/Subccnlractor ofthe Social Security Number (SSN) for each Federal Tar ID II or S$N contractor/subcontractor listed. Column (3) Enter the fiumber code(s) which best indicate the contractor’s (subcontractor’s Type ofTrade Code service. - I a New Construction lb OtberConstruction 2. Eduation ‘Irraining 3. Ot,her Column( Enter the numerio code, which Indicates the racial/ethnic character of Contractor or Subcontractor the 8usiness Racial/Ethnic Code owner(s) and controller() of SI4 of the business, When 51% is not owned and controlled by any single racial/ethnic categmy, enter the code, which seems most appropriate. 1 White American ,ubrecIpient .4greemew CFpdaced - rITE.i’I Pap 63 of 80 Subrecipient AgyeemEt1Ió: $4-D(VITRAM).IOI-2O2O Agency. J1n !nds Territorial Eniergenqv lbnaguñient Apnev Progrqm P MATCh Program Chiersighi 2 Black American 3 Native Amertcan 4 Hispanic American 5 Asian/PacIfic American 6 Hasidic Jew Column (5) • Enter “yes” if the business is awned by a wQrnan Woman OwnedBuslness • Enter bnot ifthe Bhsintss is not owned by a woman ‘olumn (6) Enter the dollar amount rounded to the nearest dollar. Amount ofCoftiaci / SUbohlacl Column (7) Section 9 of the HU) Act ot 1968 requires that recjpiçpts of HtJD funds SectIon 3 (and thçlr contractors and subcontractors) provide jobs and other economic opporuuities to low-income persons. Through recruiting in a projcct’s area, such fund recipients can make residents and businesses aware of the opportunities available. Section 3 residents rc low-income persons who live in the area in which a HUD-asslsted project is locat6d.A Section 3 business is owned by section 3 residents or employs section 3 residents in MI-time positions or subcontracts with businesses that provide economic opportuniules to low incomepersofls • Enter “yes” if the contractor meets the Section 3 requirements. Enter “no” if the contractor doe iiot meet the Section 3 requirements ; - Ust end describe the drawdobw,s completed diving this reporting period Upon availability, subq(ttff soui’ce documentation (Invoices, bank statements, end cancelled checks) for the drewdowns that meet the below thfeshokl criteria; 1”AdmlnisWtive Draw Down, Any requests torEconomic Development (ED) projects, Any requests that ate greater than $tOO,OOC end Any equesZr thai are equal 16 Or greater than 25% ofShe project cost., Final 4dmirilslrahve Draw Down Subredplcnt Agreement Updated. I ‘?TLM.’l Pc fri of50 Subrecipieni Agreement tdaied- 7TEM.4 Page 63 olSO Subrecipient Agreenwni No: S4-DR(I ‘ITEMA)-OOI-3020 Agency; I’irgin Islands Terrilo,LaJ Emergency ,Ianagement Agency Program: P fATC1! Program OrslghI Project Status Report as of: (check box that applies) fl June 30, 4 December 31, — r Report #___ ; anization FedTaxID# DUNS # Person Email Phone # SAM Expiry Date Address Website Ernal Phone # SAM Expiiy Date 1 certifrto the best ofmy knowledge and ucliw mat the information in this report is true and correct: %%)( III I kIIIi( \ I I\ I — i.’.ic.-. VIHFA Program Representative: I’ L 1——--’ ‘- ,_ Date Contract S - __ 1 I ‘ Amendment Reauested I 2’Amendment Type: U Budget[J Extension UPL ;LL9r Lj Accomplishments Li 5iher •‘‘). SECTION 4-9 AcT1VI7’VPROGRSi- EIII4yD $ILEbLIZF Complete this section jfany activity in Secion 4 was Idenl4fled as substantially behind schedule .. ____________ bZn Subrecipient Agreement Updated. f ‘iliJJ,J Page 66 of Subreciplens Agency ‘kØ, islands Territorial Emeipncy Manogen,eni Ageisçi Program. P MATCh Program Oversight __________J—____ lit \ . ‘ H\ II 1k tc ;iu \S .1 riii ii AdMIy,Type I) - I 2) 3) 4) 1.. D Yes C No DYes QNo Q Attached Q Attached Dyes DNo DYes IJNo C Yes Q No QYts DNa Dyes QN0 0 Attached C Yes C No Q Attached DYes QNo QYes DNa QYes QNo q Yes Q No Subreciplent Agreement No: SA.DR(ilT6M4J4Ql.2O2O Agency. Virgin Islands Territorial Emergency Management Ageic Irogram: P MATCH Program Oversight i’(llU\4. \ \IIU\ \LHHJI ( Il\l. SECTION 6-A. LOW & MODERATE INCoME NATIONAL OBJECTiVE - -. iThIsRena LMI Area Benefit (LMA) LMI Limited Olienteic EIiMC) 1 total Jobs — 1441 Jobsj %) L........ _acacwal Impact/outputs of’ work completed this rq whether or not project is on schedule and including any amendni detailed descrpion ofthe proJFct location and accomplishment nentation schedule. Assess IflLj abr the project. (f final report, provide For Projects involving Housing or Commercial Rehabilitation activities, attach report on units assisted within the reporting period. bMI Jobs (JJMJ) B. Total Beneficiaries Cumulative SECT1Ok6-B. SLWJ& BLIGHTNATiO?AL’öifrAilE. LMI osona C ____________ - ___prson households -. total Jobs LMliobs( Slum and Bh on anBas1a($DA) . Yes!] N SBA Comphice Review Record (Application, ExhIbit F-i) . . ttached Has the Area been officially designated as Slum or Blighted by locaUcounty Ys (] No — Is there pracr documentation for dcsiination? Des atec year j ] Re-designated year Number ofQualified Buildings! T % of Buildingsi. Properties I SANOBECrIVEIEFIC1ARIBS . Number of Businesses Assisted _____ Subreciplent Agreement Updated - I 7TEM.4 — A. Total This Renért B. Total CumulatWë Page 67 oPSO Subrecipluni Agreement Updated - I 17,EMe4 Piac6SofSO • •. ‘S,ØiTc(oi.mApEmenI No: s.4-Da(rn’eMA)-Ool-2920 4gmjt VJkiia4.TenUoriaI Emergency Management Agenc Pro,jom: PMAWMrogtm Over.Ighl - SEEjV4bC URGENT NEEb IMT1ONAI flRIR(’l?IVF Lf ---— -‘ -•-—— I p 1* AtHcaa r Mud-Racial __ (Totals must mulch Section12 hi s.’w1 TOTAL: Nuni I between 0-29% bmes between 30-4 II en 50400/. AMI a. Curnulatlve jove 81% Match Sedan II.RaceoeWtIhnlclrj) Number of fern!e head of households -‘I Applicable lead Paint Lead Ilaza edlatlon ActIaü (rehibOHiUiá N ofUidta oni N ofUaI Housin&constructed before 1978 Lead Safe Work PractijHard costs $5,O0O) Exempt: housing constructed 1978 1 Interim Controls or Standard Practices ($3,090- w - Otherwise exempt - tement (Hard costs >S2500O) Exemi*: No Da’ent disturbed Cumulative Potl Cumulative Total eAgr.jfpe: S4-DR(flThMA).OOl-2O2Q Agen’: rfr,jflIdsjçilorIa1 tncy A(anagep,e.ie Agenc Program: P3f4TGffFam Overiight .jmber of persofls assisted: a. With new access to a facility or infrastructure b. Assisted with improved access toa faci)iy or infrastructure - - c. That no longer have access to ONLY a substandard facility or a Numberofefforjle units b Total# units mcethg ectloxi 304 — — c.Numberofunitsreatedthrotih conversion ofnonresidential b;ns to residential buildings d.Numberofunitsbroughtfrom — substandard to VIHFA rehab srds e. Number ofunits made lead safe — — f ñorDesignatedAffordable 1J,.ifs. : i. Number ofyears affordability —- resrict!sapply_ ii. Number of assisted units that —- are occupied by elder)y households iii. Number ofunits subsidized with project ba’ed rental assistance through a federal, slate, or local program iv. Number ofunits designated forpersons with HIV/AIDS v. permanent housing — designated for homeless persppd families, * Total NálIjbabhItated units -a. Numbermunrnpnccupied by eIderl households b. Number ofunits brought from substandard to NVIKFA rehab standards c. Number of units made Lead safe Subrecipient ilgreemens lpdated. I 1TEif.4 Pagc 69 of80 3) Rental Units *Tofal numjer o1j’dtS I) Owner Occupied Units Rehabilitated or Improved __ Homeowner ship units constructed acquired, and/or acquired with retiablIltatlon acth’IiIes ) HOmebayer Down-payment Assistance NOTE: The service in 4’.g” refers to a Down- payment Assistance Service d. Number ofunits that that grantee P chose to make accessible.under S - Uutcome...itor * Total number of housing nnlti completedin the prokctL_ a. Number ofunits aviHiblé ftr purchase only b b6i&ds below 80% Ofirea mediáfl income b. Number ofyeá affordalil1Iy restrictionsipply (for pplicabIe units) ___ c. Numberofunits made fufly acceasibte uki4er section 504 1. P Iëiàhbusing designated for haInehDOE4 and families I. othose,nufliber Ofunits dealjpated br chronically * Total number of households recelvIQiL hornebuyer assistance: a. Numbe ofthose served who are flrtdmebuers b. Number ofhiilseholds receMn down payment assistance and/or _c!osini colt assistance — c. Minimum par properly affordab1Iit period in the d. Numbei With new (continuing - acces_s to homebuyer assistance e. Number ofpcñons’asslsted with r!çyaccesstoaservice f. Number of persons assisted with _irnove4 access to a service g. Number of persons assisted who no longer have access to ONLY a sub-standard service Subrecipient .lgreemsnt Updated - I ITSAfA Page 70 orlp a — Subreciplent Agreement No: S4..DR(l’ffEIIIA)-Qol-2030 Agency: l’lrgin blonds Territorial Eme,vny Management Agency Progronr P MATCH Program Oversight -- ----i cUMULATiVE TOTA 1241 TOTA L d. Number ofultits Occupied by households previously living in subsidized housing, - a. Numberof units designated for persons with•HIW/AJDS L ofwje nu1pber of units dciijiatatl for chronically ---‘, .----- -.----- --- I 3. Technicians 4. Sales 5. Office and Clerical Subrcdplenl Agr : &.DR(J i7EM4)4j-2O2O Agency: V1tjn IsI%yltorial &nerã atljagement Agency Proam: P MA1C1j!IdVgram OversIg, 4’ 4,-.). .t - - i 7) Jobs Creaqed * Total number 01 a. of total, number - - sponsosdhealth care benefits * Total num?J 4taIned b. numberunemployed prior to takingJobs created c. # jobs for each job type (EDA ‘ j J4bIRØ)ned TOTAl a. oftotal, numberIUloyer wonsored health c’ I Report In SectIon 17 of this report ‘I ‘4 F) ))Builnesses Assisted Con’uenIat Indusvial lmprolemerns by a grantee or nog,rql?1 Direct EDaulsiance to p,tiw,fop,ofit cOnWanher Rehab forepubllc(yor prEwJey owned conime’c(a!or lndurirlqLbIdj Report in SectIon 17 ofthis report *Tobf - a. ft ofnew businesses b. # ofexis(fng busIflesnii I. OfthqnWibcr of exp1 ii. Ofth umberof - relocations c. PUNS # of businss(es) If more than one business applies, attach a separate’ abtet with DUN’S # for tech business. , Part lime: Part Time LowlMod:(LMJ). zzJ — LMI% t jIs.Iw.e..i.iw_w1I.. FuHTinieE r Full Tame Low/Mod (L.MI) -J r — --- - Tirraai - ‘ . -.___ -. 1 IPI. ‘TL l . -‘ l’.. A. THiS REPORT “B. CUMULATIVE ‘ oas T JOBS Jös 1 CREATED RETAINED . RET NED - TOTAL I. Officials and Managers 2. Professional 1 Subrecipi.nt Agreement Updated. iTE,M PigelIof80 Subrecipient Agreement No. SA.DR(J’ITEMA)OOl-2020 Agency VIi1n Iziand, TerrIto,iaI Emeiency Management Agency Program: P MATCffProgram Overslghi 6. Craft Worker — ! miu1) - — - - 8. Laborers (unskilled) - 9 Service Workers Must match In SectIon 15, I7 or #8 TOTAL: I I \ I SI ( lI(’\ \I \ itim xThis table Must include aggregate numbers for this reporting period including: New employees hited by the grantee, whether working on the CDBG project or not, that were hired for construction or construction-related jobs. ‘ New emp1oyeeaof conttçtors and sub-contractors working on the CDBG project that were hired for all jobs. Total staff hours Total staffhours Total worked by all worked by all Total Section 3 new hires on SectIon 3 ResIdent number of Resident the CDBG new hires on the àá- - New Hires New Hires project CDEG project Professional Tcchmcians Office)clencal Construction by Trade Trade: Trade: Trade: Other TOTAL Please do not include employees reportea’ on previous Project Status Reports. Subrecipient Agreement Updated- IThAIA Per 72 of10 Subc(p(.nf4gre.m.rn No: SA-DRJ7TSUA)-OOI-2O2O Age”cy Vkgb Idards Territorial£mevn Maiwgemeni Agency Program; P MATCH Program OversIght Indicate the efforts made to direct the employment and other opportunities generated by the CDBG grant toward Low-to.rnoderate income persons, particularly Those who are recipients of government assistance for housing. (check all that apply) Narrative: REMAINDER OF TS PAGE LEFT BLANK iNTENTIONALLY p .r C4dated. Vi1’F.MA Page 730(80 lACdVltYD Draw Down Request Activity COdeI Activity Desaiption 1) 2) 3tements Attach idditlooni aheels as necessar. Subrecir4ens Agreement tpdated - I 111AM Page 76 of80 Subrecipleni Agreement No S4.PR(007)-006-2020 Agency: Virgin Islands Terri(otioJ Emergency Manjgment Agency Program: I) A*Ity Cod/ Activity De$cTiptIon C 2) II 3) Draw Down Request: AàtlvltyCodel AGUYKY Description .ces Statementi — 1chcb i.--- I) 3) Draw Down Request: S Istements I I Eank Statements fiw.iiI*A (‘h*ait. An J Iàvoices J Bank Statements 1 Cn1Id (!hcke I) 2) 3) Ito Bank S(atements - Cancelled Checks Invoices Bank Statements Cancelled Checks I. invoices Ritsk Statements Ciil1sA Chach 3) I iccs Statements 3 I Bank Statements Cancelled Checks Subrecipknt 4greeaI No £4 DR(DOT 006-202.0 4geny $‘fr;In lsIa.,WThirItorlol 1niergeny Monaprnenl 4gencj Program: REMAINDER 01? THIS PAGE LEFF BLANK INTENTIONALLY Subrecipien? Agreemenl L’pdaled - I iTE%I.4 Pqe 77 oiB() Subi’ecfpi.nJ 4g?T.mvirNp SA-DR(DO1).0062030 4giwy: Virgin Idwi.s ThWiorIoJ&wrgencyMcuzag.msnI Agency Program: APPENDiX C: RECORDS REQUIREMENTS AND RECORDS RETENTION A. VITEMA shall maintain, and require all sub-recipients, VIHFAs, borrowers, contractors and all tiers of subcontractors to maintain, all Program records requited by 24 CFR 570.506 for five (5) years following close-out of the Agreement or thç Grant Fund Agreement, as applicable. These records shalt include the following as applicable: The executed Agreement; ) Description, geographic location and budget ofeach funded Activity; > ‘Eligibility and national objective determinations tor each Activity; Personnel flies; > Property management files; HOD monitoring correspondence; ) Citizen participation compliance documentation; V > Fair Housing and Equal Opportunity records; > Environmental evicw and regulatoiy compliance documents; Documentation ofcompliance with other federal requirements (e.g,, Davis-Bacon, Uniforni Relocation Act, and Lead-Based Paint, etc.); and B. FINANCIAL RECORDS to be maintained include: > Chart ofaccounts; V Manual on accounting procedures; ) Accountingjournals and ledgers; > Source documentation (such as purchase orders, invoices, canceled checks); ) Procurement files (from solicitation to contract); ) Status ofreimbursements; > Real property inventory, if applicable; )‘ Bank account records (including revolving loan fand records, if applicable); Draw down requests; > Paywli records end reports including timesheets or timecards as applicable; Fimnolal reports; SubrecipientAVwwnl Updãt.d- V17MA Pip 7 QI5O I I ii C 11 hi C I ‘I I I I II ——--—-“— Subre44ent Agreement Na SA-DR(DOT) .4)06-2020 Ag.iwy: Virgin Islande l’erritorial Emergency Management Agenay Program: > Auditfiles; and Relevant financial correspondence. C. PROJECT/ACTIVifY records should include the following documentation: > Eligibility ofthe Activity for Grant Funding; ) Evidence ofhaving met a national objective 24 CFR 570.482); > All State and Federal environmental regulatoty review(s) and approval(s); > Procurement policy; > Any cost analysis, RFP(s), evaluation criteria, evaluations, award letters, notification letters bids or contracts; > Characteristics and locations ofthe Programs and each Program Activity; > Compliance with special program requirements, such as coordInation and cooperation with any other departments; Budget and eKpenditure information (including draw requests); and ) The status ofthe Program and each Activity / monthly progress reports I). ACCESS TO RECORDS AND RIGHT TO INSPECT With respect to those records referenced in Appendix C “HIJD General Requirements” below, the VIHFA and VITEMA (Agency) shall comply with the retention and access requirements set forth in 24 CFR 570.506. The VJHFA3 HUD, the Comptroller General ofthe United States, and any oftheir duly authorized representatives or agents, shall have access to, and the right to examine, all records, books, documents, and papers of the VIHFA and VITEMA created under this Agreement for the purpose of audits, eiwnunations, and making excerpts and transcriptions. VITEMA (Agency) an4 the VI1IFA shall provide reasonable access to records regarding the past use of CDBG funds in compliance with applicable Territorial and Pederal laws and regulations regarding privacy and obligations ofconfidentiality. All records, reports, documents, or other material or data, inoluding electronic data, related to this Agreement and/or obtained Or prepared by VITEMA, (Agency) and all repositories and databases compiled or used, regardless ofthe surcc ofinformation included therein, in connection with perfbrmance ofthe services contracted for herein shall become the property of HFA, and shall, upon request, be returned by VITEMA (Agency) to VINFA at termination or expiration ofthis Agreement. Subr.c(pient4greenens Updated- VJTEMA Page 79 of80 Subrecfpfrnt Agrum.ntNo: 34-DR(DO1-006.2020 Agency: Vfrgin Iajaitd Territorial Em.rgeny Minsgemeni Agency Program: APPENDIX H: PUBLIC ASSISTANCE STJBRECLPIENT GRANT AGRZMENT (executed copy needed to be obtained) Subrecipieni Agreement Updated - VITEMt Page 80 of80 t S tk’pnnii;eni i’J I’ue Iimil .$ ei’ lie YLMA4)3514340.DR.Vl • J10 450Q Sunny lit Ceciws UldI 37 t FEMA d •Ø AMENDMENT NUMBER IS TO TliL FEMA-TERR1TORY AGREEMENT FEMA-4340-DR-Vl This is Amcndmeni Number I) to th FIiMA.Tcriitor ArcvtiwnI for major disaster FEMA..4340 OR, declared on Scptembtr 20. 2017. Th,s Arngndment serves to nnwnd Anuebmeni I, Lfri uJ Turrluiri Cerqficc:irn, Officcri: Attachment 2 Cvnlficn;wn Regnrding Lohlynrg. and the General Programnmtic Addcndwn, Secliwi III. Subpuri A Termi and I nncliiluu.rfnr Sharing PEA IA DIxa’at.r A.c.cisfnsica Sur’Ii’,r Reglxrrwii Dab nit,, Territory Govrnnw,iis as fo1Io s A. Amendments ig Attachment I Paragraph ntlmber I of Attachment 1 i amended to rud as follows. I The Goernor hereby cenilics that Adrienne L Wihlenu is the Govrm,r AutliwiLed Represenladve (OAR) empowered to cxccuic on behalf of the 1cn-ltosy all naiy docunients for federa) disaster assistance, including certification ofapplications for Public Assiponce Lc CnllwpaiSr. is the Alternate Gocmors Auihorlzed Representative (AGAR) and Is similarly o powered Their sneelnier! sianniares follows Paragraph number 2 oAtizchmeni I is amended to read as folloiss. 2 The Governor hereby cvnifies that D.nLc. E. H. LCs!i. i. thc lcriiioiy Coordinating Olfigcr (TCO) and oIuneLIvan A. Udell Is the Ahernaic TCO. who will act in cooperation with tile Federal coordinating Officer under this Declaration Paragraph number 3 of Attachment I is amended to read as follows 3 The Governor hereby certifies iliut Anslaoni V. Thomu.r is the rcprcvnIatke of the rcniio authorized oreccive donations or loans óf surplus property on behalf of the Territory and to execute certficatiun ercemenIs. and other necessary docurninLt whh regard thcreto. Paragraph number 4 of Attachment I Is amended to read as foltos 4 1 he Governor hereby cenifics iht AthIenne 1... WilI(ainx is the Territory official authorized to execute campliartee sepons, carry out compliance reviews, and distribute Informational material as required by FEMA to ensure ilmi all recipients of federal assistance are in fuN compliance with PEMA nondiscrimination regulatIons (44 CFR Pars 7. Nosubwri,ninaiia,. at Fdvratly..iIisisieti Prograliis and 44 CFR § 206.111 ,Vu,,iI1c,i,nh:c,do,i in disinter qr.s4twic4. • . fr Paragraph number S ofAnacbmeni 1 is amended toned as follows 5. The GovernOr hereby certifies thatAi&Wtr.LWt, Is the Territory official who will o0cote compliance rapoils, carry cm compliance rcvkws, and dietribme Inlbnnational matcrl& rqufrcd by PEMA to enanro thatU recipientsofêdcml asaletance are In complianc, with the General Services AdmlnIratioa List of Pa,iIn Excluded from Federal Procurement and Nonprecuremeni Pr4mm5. Paragraph number 6 ofAttachment I is added en follows: 6. AN prcvloui appointmentsofauthorized celilfication officers me hereby rescinded. Restrictionson approval authorityofdie aboYe.nnmed offlosahe None. 8. Amendments to Mlachment 2 Attacbmem2, Con flcation R.prang Lobbying is amended to mad as fallow: I CERT(F(CAT1O4 REGARDiNG LO8BVING CeIflcidIon for CoigcLe, Grains, cans, and Cooperative Agreements This cedificatlon is required by the regulations ImplemantüWlhe New tesliictIons on Lobbying, 44 CER pen IS. The undemigned certifies, to the best ofhli crhvknowledg. and bøflct, that 1. No federal opproprlsted funds have been paid ci will be paid, by or on baheifofthe undmeigncd. to erry person for IMluencing or anerng1ng to lafluenc, an officeroremployee ofan agency, a Member ofCongress, an officer or employac ofCongress, or an employee oF; Memberof Congress in cpnneetloa with the awarding ofany federal contreci, the making ofany federal Grant, the making ofany tbderal loan, the entering Intoofahy cooperative agreement, end the eiaemlon continuation, renewal, amendment,at modificationofany federal comtact, grant, loan. or cooperative sgrecm.nL 2. Ifenysothantedernlapproprhtedflrndsbav.bunpsldorwlllbepald:ocnypersonfor Influencing or rutempiltig to Influence an officer oremployee ofany egamy, a Member of Ccqgtess, en officer or employee ofCongress, or en employee ofa Meniber ofCongress hi copaicilon with this federal cotrat, eau, loan, or cooperative agreemont, the undetdgtwdshall complete and submit Standard Focm-LLL. Dlrclosure Fore, to Report Lobbjthtg, In accordance with hi lnsmictioos. . The undersigned .)mft rtqufm that she Isoguago ofthis certification be Included Is the owerd documents Ibi all aubawirds at III them (Including subcontzacts subgrsnta, and conireme under greats, loans, nndcoopendvo agreements) and that nfl subraciplenis shall certlt and dIsclose accordingly. This conificntion is a maicrblreprcscntatinn of fact upon It(ch rchance was placed when this transaction mod or entered into. 5ubmissjn of this cvriilicaticrn is a prerquisiiç for maklnç or enierinU vito this transaction iniposed by 31 U.S,. 1352. Any Ierson ho fails to fih. thi cquircd ccriificotion hnhl be subject to a ciil penally ofnot Icss than 510,000 and riot more din $100,00Q ror each such failure Date C. Amendments to the Geni rat Programmatic Addimdum, Sic4tun Ill, Subpart A: Terma and Conditions For Sharing FIMA Disaster Assistance SurvhçirlReglstrant Data with Territory Gut crnmcnts I The Genera) Prorommatic Addendum, Section III, Subprn A: Terms and ondii,ons for Shorirt FEMA Disaster Assistance Survivor Registrant Dais with Territory Government is hereby ornended as follows: ill. AUTHORIZED REQUESTORS Alt preiousIy authoried requcstors nrc rescidcd and lime following Territory officials or cmplo)cos nrc authorized to request disaster survivor Infonnation from FEMA under the provisions ofthis addendum Denise K. H. Lewis. AcIIn DfrecWt Vwçln Islanils ThrItoIoI EnwewwrManawuea:Aaesici’ 2164 Kbw Chou Sir.i—CheIulwuwd: SC,oLr. fl 00820 340.2732244 a, 340422.1350 nubile CiIr’ne1 ivuaR. Udell: Acilni Adlulani Guiia&. Vito?,, IsIwnH Nuilonul Guarik Office of:!,. AtIIwiii Geneial: RRLlfJ9201—KlNGSffILL: SF. CJiOrK. WV? 00850.9731 340-712-7730 Alt 1her pnrarnphs. Auuchrnemb, wad Addu,iduen of ihs AGr.icmeni rem3ln unchongcd. previousi amended. Fedrat Cooidiimiing Yflccr Disaster Recovery Manager ,, I Adrienne’ L. Williams C vamor’s Authorized Representative AGREED: 1)ai U.S U.jrn’rni’i tif iun,rlasuI3ii u4i, FNA.4Us4I4a.DrL.vl JFO 4500 Sunny Irk StwpplngCnici Unli 11 K Chthibniicd VI 00120 tf FEMA AMENDMENT NUMBER 14 TO THE FEMATERRITORY AGREEMENT FEMA-4335-DR-VI This is Amendment Number 14 to the FEMA.Terriiory Agreement for major disaswr FEMA.4335DR, declared on September 7, 2017. ThIs Amendment serves to amend Attachment 1, LIss tfTerriton’ CgriLl7ct.tiun Offic,r Attahmcni 2 CuriffluiIwi RvgirciIng .vbbj’in8 and the General Programmatic Addendum, Section 111 Subpart A: Ternrz reid conditionsfur Shoring FEltIA DLrusler Survivor Rcglsiizrnt Dow ivIiI Te,rIioi GovL’rnllwIlis, as follows A. Amendments to Attachment I Paragraph number I of Aiiachmcnt I Is amended to read as follows: I. lii. Governor hereby certifies that AdrIenne I.. WIIIIornr is the Governor’s Authorized Representative (OAR) empowered to execute on behalf of die 1’erriiory all necessary documents far federal disaster assistance, including certIfict1an of applications far Public Assistance. KIzA CttIIwuosISr. Is the Alternate Governor’s Auihorited Representative (AGAR) and Is similarly empowered. Their snecimen slt.oatures follow: Paragraph number 2 of Attachment I is amended to read as follows 2 The Governor hereby certifies Utat DenLceEi H. Lewis is the Territory Coordinating Officer (TCO) and Colonel Ivan 1. Lideli is the Alternate TCO. who will act in cooparuhion v. hh the Federal Coordinating Officer under this Declaration. Paragraph number 3 of Attachment us amended to suid as folhns 3 The Gocrnor hereby certifies that Arrilaanv D. Tlu,ma.r is the representative of the Trrior) authorized to receive donations or loans ofsurplus properly on behalfof the Territory and h, execuiC certification agreements, and other neccssat documents with regard therelo Paragraph number 4 of Attachment I is amended ho read as follows. 4. The Governor hereby ccrtifics that Adriessnu I.. liWliarn.t is the Tcrrilor) official authorized to execute compliance reports, early out compliance reviews, and distribute informational material .,‘ CaIIwoodSr. as reqiiked by FEMA to crease that all eclplenss e(federal assi*enuce are In Mi cemphance with FEMA n ndiscrkqloaslon seajdalloas (44CM Past 7, N mua. In Fe a!(v.Airlztod Peegruai, and 44 CFR 206.11, N rinInato,, In*uIe o#(stance). Paragraph oumber S of Attachment I Is amended to read as tbllewa: S. The Governor hereby cettiflea thatdmsaL IflhIea (a the 1uIioryoft1cii1 who will execute compliance repons, cariy out campiliace seviown, and distribute lnfonnadonal materiel as required by FEMA to ensure that .11 reciplena offederal assurance are in compliance wid the General SerVices Administration LIII ofi’aflies Excluded from Federal Procurement and Nonptocurnmen$ Ptomms. Pam phmmber6otAtiachmqt I lsddedaztbllowt 6. All previous appo!ntmeets ofauthorized certification officersare hereby rescinded. notions on approval authorky ofthe .bove.named officials: None. B. Aemodmeals to Attachment 2 AIIeVIHTWO1 2, CErtffIcaiIon Regcwdhig Lobbybsg is amended to read as folIows ATtACHMENT 3 CERTLPICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cocperat1vAgreements This certification Is required by she Eegtliadons bnplemmtthig she New Restrictions on Lobbying. 44 CFR Pan IL The UadmIgIIOd certifies. to the best ofhis or her knowledge mid belief. than I. No federal appsoprluted flmds h*ve been paid or Will bepold, by aeon behalfofthe uade,sliedto any person for influencing or attemptIng so lnjlueece ma officeror employee ofan apny, a MemberofCongesi aft officer or employee ofCongress or an empIaae ofa MemberofCongress in connection with theaWudlng1ofnay federal commct. she makingofany federal ant the making ofany fedtral loan. Uia entering Into ofany coeperetive agreement, and she extension, continuation, renewal, amcndme% or modification ofany federal contract. giant, loan, or cooperative agreement 2. lFanyfundiothcrtnftlmppropriaredCsndshavebeenpaldorwlllbepaldto any person the influencing or .itempdng to Influenceenofttcer or employee ofany agency, a Member otCongress, an officer or employee ofCongress, or On employee ofa MemberofCongress in Connection with this (idemi contract. great, hen, or cnopemtlve agreement, the undeslgne4 shall complete and submit Standard Foms’ LLLI Dlwfgsw. Form ra Report Lobyhrj, In accordance with Eta Insunctions 3. The deetigried ihall require that die Inaguage ofthis cenhficatlon be lnclu4.d In the award documents the eli subawards at all liars (rachiding sl*eoinracts, aubgrants, end ermnuacts under giants, loans, and cooperative agreements) and that all subreolpianls shall certify sad disclose acoIdingly. Tha cersrnc isammadat rcprmentatlon ((ice upan which rellancewas placed vden this nunsaction was made or entered Inte. Submission ofthiscatifleatlan Ian prerequisite fbr malcingorerucring Into — — ... — .. ..— — ‘ — — — —— — I. n_m_U.. • . .._,J-* - . .- hub (rmicCIioI impstd b> 3 u s.c. § 1 332 An) person whn falls rn file liii: requiied certificution hnU he subject to a civil ennIIy of not less than 510.000 and not more than 5100.000 far each such failure .4drknmj Ll1krn Dciv o cmà1iAiithauwd Rcprescntaii C. Amendments to the General Programmatic Addendum, Section lii, Subpart A: Terms und Condliioni for Sharing FEMA Disaster Assistance Sun horlReghtrani Data fth Terrilor) Governments I. 11w General Programumlic Addcndwii, Sition IlL Subpart A: Tenns arid Conditions for Shoring FEMA DIsaster Assisiouc SunivorIReIstrant Daffi with Tcrrhor Government Is hereby amended as follows. Ill. AUTHORIZED REQUESTORS All previously authorized rcquciors are racindd and the fotlos in Terrftoiy of,ciaIs or employcci are uuthorizcd to request disasiersurvlvor infornrntian from FIMA under the provlslqns orthis addendum: Dithe E. 11. Lewjs. 4cUn.e Dh.-ectur Writh, Islands Tcr,Iiuth,l £nzer2encv Maniwerneni Aaenci’ U44 Kin, ,S,reei—çh,fu1irnsied:Si Crtiiir1 11 00A20: 140-773-2244 at .140.422-1350 iiwb(le CulniwJ Jean B. lJde.th .kihw AdLuvant GeaernILI’itjduislunth NailrrnaI Guard: Office alike Ad)‘slant General: RI) BOX 9201-4LNGSWLL; ST. CROIX. IISPI 88SO-973l 340-712.77W All other paragrap1i, Attachments, and Addcndum of this Aguemwil remain unchanged. unless previously amended AGREED: Governor Federal Coordinniin Uice Disaster Recovery Mnaijer - — I 1. 4. R I. to S ( C I I / • • • I .:4;7’-. ••Sf