HomeMy WebLinkAboutL. Wastewater Issues
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~RY
Meeting Date:
5/19/10
Division: Administrator
Bulk Item: Yes --X-
No
Department: Wastewater
Staff Contact PersonlPhone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval of Disaster Recovery Contract # lODB-K4-11-54-02-K24
with the State of Florida Department of Community Affairs (DCA).
ITEM BACKGROUND: The State of Florida Department of Community Affairs (DCA) has allocated
$2,488,963 for a countywide Disaster Recovery Initiative program related to 2008 storm disasters. The
contract includes an allowance to fund grant administrative services. The allocation method was based
on compilation of damage assessment data provided by the Federal Emergency Management Agency
through the Florida Division of Emergency Management. Damage assessment reports indicated an
unmet need in three main areas including: public assistance (infrastructure and public facilities),
business (commercial revitalization), and housing. The Disaster Recovery Housing Assistance Plan,
dated December 4, 2009, prioritizes unmet need storm damage repair assistance to the elderly,
disabled, and persons living in poverty (priority I); single family structures (priority 2); and multi-
family housing (priority 3) occupied by income eligible occupants. At least 14% of funding must assist
affordable rental housing. Following the outreach program directed at priority 1-3, funding for sewer
lateral connections will be made available for income eligible households on a first come, first ready
basis. Up to 25% of funding will be set aside for the City of Key West to address housing needs
unrelated to sewer lateral connections since the City is unable to utilize sewer lateral funds.
PREVIOUS RELEVANT BOCC ACTION: On January 20,2010, the Monroe County Board of
County Commissioners (BOCC) approved Resolution 019-2010 authorizing the use of recaptured
Community Development Block Grant (CDBG) Fund 100 program funds and interest in the amount of
$300,000 to provide working capital for Disaster Recovery Contract # lODB-K4-11-54-02-K24 which
will be reimbursed from the grant. On January 20, 2010 the BOCC approved Resolution 020-2010
approving the Disaster Recover Housing Assistance Plan as required by DCA for the targeting of
funding and to defme how the program will operate. On January 20,2010, the BOCC approved
Resolution 021-2010 approving the CDBG Disaster Recovery 2008 Initiative grant application. On
October 20,2010 the BOCC approved Resolution 020-2010 approving the On October 21,2009 the
Monroe County BOCC approved Resolution 384-2009 authorizing the submission of Disaster
Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding; the Mayor and/or
the County Administrator to execute applications, award agreements, program documents and reports
and close out documents; authorizing the Monroe County Housing Authority to prepare the
applications and administer the program; and authorizing up to $10,000 from Fund 100 CDBG
Program income for start up costs associated with preparing the application, Disaster Recovery
Housing Assistance Plan, and interlocal agreements.
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS: Approval as stated.
Page 1 of 2
TOT AL COST:_ INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $300,000
SOURCE OF FUNDS:
Fund 100
REVENUE PRODUCING: Y es ~NO AMOUNT PER MONTH_ Year
APPROVED BY: County AtlY'l"",,OMB/PurChaSing ~ Risk Management ~
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
Page 2 of 2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
DCA
Contract #
Effective Date:
Expiration Date:
IODB-K4-11-54-02-K24
DCA Signature
24 months after eft. date
Contract Purpose/Description:
This contract provides Community Block Development Grant Disaster Recovery
housing rehabilitation assistance to income qualified households who sustained damage
to their home during the 2008 storm season. These funds may also be used to assist
qualified households who did not sustain storm damage, but are required to make a
central sewer service connection. Resolution 384-2009 authorized up to $10,000 from
Fund 100 for start up costs associated with preparation of applications and Housing
Assistance Plans required to obtain the grant. Resolution 019-2010 authorized $300,000
from Fund 100 to provide working capital which will be reimbursed by the grant.
Contract Manager: Elizabeth Wood
(Name)
4525
(Ext.)
W astewater/# 1
(Department/Stop #)
for BOCC meeting on
May 19, 2010
Agenda Deadline: May 4,2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 2,488,963
Budgeted? Y es~ No 0 Account Codes:
Grant: 2,488,963
County Match: $ Not required
Current Year Portion: $ 300,000
100-_-_-_-_
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $NAlyr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, util ities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
~O//e Jr!
~(J
~{U
Changes
Needed
YesD No[]<
YesD Noci
Date Out
S; '& /rJ
Risk Management
(J~
O.M.B./Purchasing ~'D YesD No
County Attorney sJ;;0/ (J YesD NOC8J ,
f
Comments: t(.AYt.l.a:!:!~ .--Thl lni1ckl.{-i~,::Uf~~iL-l.{(\-t -to (";6I!lr 111L
I f\ \~aJ W Dvit-I f) ck'rH-u\ Of- -$ 30b ,COJ, A- 6~~1: C:{j"i'\t'~ l1)(1rrt- hI ;/1 /:)t2 tl'1J~jt'
(>/.LiPf
OMB Form Revised 2/27/0 I MCP #2
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: 10DB-K4-11-54-02-K24 CFDA Number: 14.228
Rule: Emergency Rule 9BER09-2
Community Development Block Grant Program
FFY 2008 Disaster Recovery Program Agreement
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the Monroe County, 102050
Overseas Highway, Suite 234, Key Largo, Florida 33037 (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
sub grant these funds to the Recipient upon the terms and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A,
the Activity Work Plan, Attachment I of this Agreement and the Florida Small Cities Community Development
Block Grant (CDBG) Application submitted by the Recipient on January 15. 2010, including future amendments to
this Subgrant Agreement that are agreed upon by both parties..
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the
last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension.
Contract Revised: 4/6/2010
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB
Circular No. A-102, "Common Rule: Uniform Administrative Requirements for State and Local Governments" or
OMB Circular No. A-llO, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments,"
OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost
Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a
cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of six years from the date the audit report
is issued, unless extended in writing by the Department. The six year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the six year period expires, and extends
beyond the six year period, the records shall be retained until all litigation, claims or audit fmdings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or more at
the time it is acquired shall be retained for six years after fmal disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work _
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.rn. to 5:00 p.rn.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
Contract Revised: 4/6/2010
2
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain fmancial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.m to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or fmancial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-B3, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
of OMB Circular A-133, as revised. EXHIBIT I to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In detennining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-B3, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions ofOMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-B3,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient to The Department of Community Affairs at each of the following
addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Department of Community Affairs
Community Development Block Grant Disaster Recovery Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Contract Revised: 4/6/2010
3
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission
online at:
http;//harvester.census.gov/facJcollect'ddeindex.html
and to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter
issued by the auditor, to the Department at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.t1.us)
and
Department of Community Affairs
Community Development Block Grant Disaster Recovery Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General.
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public accountant (IP A),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with monthly reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in
Contract Revised: 4/6/2010
4
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department.
(b) Monthly reports are due to the Department on the last day of each month of the program year and
shall be sent each month until submission of the administrative close-out report.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever fIrst occurs.
(d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by the
Department.
(f) The Recipient shall provide additional reports and information identifIed in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subrecipients,
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time
schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the
specifIed time periods, and other performance goals are being achieved. A review shall be done for each function or
activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit of the
Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Department will monitor the performance and fmancial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defmed in Section 768.28, Fla. Stat., the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defmed in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Contract Revised: 4/6/2010
5
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the fmancial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such tennination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the extent of
non-compliance or lack of performance,
Contract Revised: 4/6/2010
6
2. issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items detennined to be ineligible.
(f) Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
(12) TERMINATION
(a) The Department may tenninate this Agreement for cause with thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely manner, and refusal by the Recipient to pennit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may tenninate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper close-out of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail return receipt requested, to the representative identified below at the address
set forth below and said notification attached to the original of this Agreement.
Contract Revised: 4/6/2010
7
(b) The name and address of the Division contract manager for this Agreement is:
Austin Henley
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak: Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 414-9245
Fax: (850) 922-5609
Email: austin.henlevtaldca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
(Name)
(Address)
Telephone: ( )
Fax: ( )
Email: @
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The Recipient agrees to include in the
subcontract that (i) the subcontractor is bound by the tenns of this Agreement, (ii) the subcontractor is bound by all
applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient
hannless against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in perfonning its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defIned in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the tenns and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
Contract Revised: 4/6/2010
8
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
[2J Exhibit 1 - Funding Sources
[2J Attachment A - Budget and Scope of Work
[2J Attachment B - Program Statutes and Regulations
o Attachment C - Recordkeeping (N/A)
[2J Attachment D - Reports
o Attachment E - Justification of Advance (N/ A)
[2J Attachment F - Warranties and Representations
[2J Attachment G - Certification Regarding Debarment
o Attachment H - Statement of Assurances (N/A)
[2J Attachment I - Activity Work Plan
[2J Attachment J - Program and Special Conditions
[2J Attachment K - Signature Authorization Form
( 17) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed $2,488,963, subject to the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement, and the Sub grant Application.
( c ) All funds shall be requested in the manner prescribed by the Department. The authorized
signatory for the Recipient as set forth on the Signature Authorization Form, Attachment K to this Agreement, must
approve the submission of each Request for Funds (RFFs) on behalf of the Recipient.
(d) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the Subgrant
Application as originally submitted that relate to preparation of the Sub grant Application are considered eligible
costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of the
Agreement.
(e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,
except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the
Department agrees to their eligibility, fundability, or addition to the Agreement, or a separate letter authorizing such
costs, are ineligible for funding with CDBG funds.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
Contract Revised: 4/6/2010
9
( 18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs" and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Fiscal Management
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5%)
of the face amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the infonnation,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said infonnation, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,
42 U.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 _ 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, state and local government services, and telecommunications.
(t) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work. may not submit bids on leases of real property to a public entity, may not
Contract Revised: 4/6/2010
10
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a 5-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and
4. have not within a 5-year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification. then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla.
Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department's obligation to pay
the contract amount.
Contract Revised: 4/6/2010
11
(m) The State of Florida will not intentionally award publicly funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U.S.c. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A( e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
and belief:
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all
sub awards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certifY and disclose.
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.
Contract Revised: 4/6/2010
12
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Contract Revised: 4/6/20 I 0
13
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number: lODB-K4-11-54-02-K24
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth below.
MONROE COUNTY
DEPARTMENT OF COMMUNITY AFFAIRS
By:
(Authorized Signature)
Date:
By:
(Authorized Signature)
.Date:
Type Name: Janice Browning
(Print Name)
Title:
Title: Director, Division of Housing & Community
Development
Federal Tax lD#
DUNS#
Contract Revised: 4/6/2010
14
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Separately list the following information for each federal program from which the resources awarded to the
Recipient originate:
Federal agency
Community
Development
Block Grant
Program
U.S. Department of
Housing and Urban
Development
Community
Development
Block
Grants/State's
Program and
Nonentitlement
Grants
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
A ward amount:
14.228
$2,488,963
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES A WARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc.) and specifY to which federal program each requirement applies:
Compliance Requirement
1. The Recipient will fUlly peiform the obligations in accordance with the
Budget and Scope of Work, Attachment A of this Agreement, the
subgrant application incorporated herein by reference, and 24 C.F.R,
Subpart 1, Sections 570.480 - 570.497.
The Recipient shall be governed by 290.401-409, F.s., Rule 9 B-43, FA.C.
and Federal Laws, rules and regulations, including but not limited to those
identified in Attachments Band J
Program
Community Development
Block Grant Disaster
Recovery Program
Contract Revised: 4/6/2010
15
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect
to use language that requires the Recipient to comply with the requirements of applicable provisions of specific
laws, rules, regulations, etc. For example, for Federal Program I, the language may state that the Recipient must
comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how
eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the
specific law, rule, or regulation referred to.
NOTE: For federal programs included in Exhibit I, Section .400(d) ofOMB Circular A-I33, as revised requires,
and for state projects included in Exhibit I, Section 215. 97(5)(a), Florida Statute, requires the information in
Exhibit I to be provided to the Recipient.
Contract Revised: 4/612010
16
Attachment A
Scope of Work and Budget
Contract Revised: 4/6/2010
17
~
cc
%
%
:)
U)
~
~
o
~
u.
o
III
CL
o
U
U)
Q
Z
CC
Iii
~
Q
:)
m
%
~
~
o
~
CL
1""--
1,1,I
V
at
::J
~
-
t; VI
g 0 ....
Z III
::J "I(
III [[ 1,1,I
at
at "I(
w 1,1,I
:: u
~ !>
0 at
III
- 1II
....
....
!E "I(
::J %
0 0
E ff
"I( ......
~ III
III
~ D!
u :!
- ~ v
tt
.... III
:! z
I&l
13 e III
...
a! - z
....
~ ~ ....
g
I&l ~
Z ~
ll.I
CD ...
Z
....
- -
~ at
ll.I ll.I
:r: III
:: E
VI ::J
~ ....
~ III
.ll. :5
:E t:; at
8 z oil(
u :;) 11.I
oil( U
- - !>
at
Z 11.I
Z III
0 ....
~ 0 ....
J:: " "I(
~ z
a! C? %
~ 0
~ w at
Z w
z: II..
0 i: 13 "-
VI
0 Z II.l
oil( 10- < w a!
oil(
at 0
w Ii:
III
:E w
:;) < ED Z
.... .... w
- Z ..... ..... CD
- 0
>
0 at ll.I
u... W W ~
Z Oz ~w~ > oil(
> 0 $-0 r:5....z 0 U
at ~ ")J::~ o Ill... u ~
0 .....VI 101.I .ll.
~ : .....gz ....0:;) at :;)
11.I o ... .atO atlll 0
~ t;j I-.::lffi fil~:: .... 1,1,I101.I .... Z
oil( ~
i5 ... O<L.I,l at .... I- H ~ :;)
Z ~....z ~.~ ~ 0 ....
... I- "I( g
% E;:!:G ""at CD I-
0 :Joz gow :;) :;) 0
"I( ~I-W II.. at III "1("1( III .... I-
~ ~
cc
I-
Z
III
%
:J:
U
e
cc
c:c
w
IX
c:c
w
U
~
w
U)
>-
a:l
~
IX
o
~
II.
o
W
A.
o
U
U)
Q
Z
c:c
~
\:J
Q
::;)
a:l
J:
~
\:J
o
IX
A.
....
C
I-
Z
w
J:
::c
u
~
c:c
Ci
w
IX
c:c
w
U
~
w
U)
~~
w
U
Ill:
::)
~
t;
g I-
::) IS <'
lID Z
it w
~
~ e
1&1 11.I
j: U
0 ~
- II.l
I- III
Z III
:;) ...
0 :z:
:E t..
oil( III
~ 1&1
0 ~
u a
l- I-
4! .Ii::
II.l
I- Z
III g W
11.I IICI
~ ...
10- %
a ...l
~ ...l
.Ii:: oil(
II.l 15
z I-
Il.l -
IICI
...
%
...l
'- '-
~ lie
1&1
II.l IICI
% x:
:z: :;)
III .!.
~
a-
x: t;
8 z
~ :;)
'- - ~
a:
z z oil(
0 0 w
~ ~ I.:l S
z
~ i2 ii1 ~
w w
~ Z w III
Z
..... G III
0 ~ ...
0 z ::t
e t- <{ w t..
Ill: III
1&1 W
IICI ~
::E
::) <( m oil(
.... .... 0
- .!.. N N t:
1&1
-J a: z
w
~ 0 m
~ u. >- 0
O...l Ill: 1&1
>- U. ~~ w I-
a: z 0 > lS
0 0 if g~ 0
t:) s u ::I
8 U'l t:) w a-
N z ...ll&l a: ::)
02: ...l...l
D1 oil(m a: III Q
tjl-O ...l 1&11&1 ...l Z
w lIle c ~
...ot: 1&1 a:o 15 ~~ ~ ::)
! ~ g z sa: 0 ...l
... ...l~ l- I- e c
J:1:::l t:l CD olD I- 15
~ 2<( z g~ ::) ;) g
I.- ..... w III ce III I-
c(
IU
ex
c(
IU
U
~
IU
U)
>-
ID
::.::
ex
o
~
u.
o
IU
A.
o
U
U)
Q
Z
c(
Iu
C)
Q
::)
ID
~
~
C)
~
A.
PI
C
...
Z
IU
~
:z:
u
~
c(
.c
IU
ex
c(
IU
U
~
IU
U)
...- ...-
III
U
a::
:)
~
ti
8 ~
In
= 0 ~
UI Z'
=
I&. a::
a:: C
III W
.:z: u
b ~
- III
I- III
Z In
= ....
0 .:z:
:E t-
oe VI
g III
Co ~
u 0(
....
- ~ U
...I Ii:
:! III
Z'
VI g W
III UI
~ ....
- :E
a ...I
~ ...I
Ii: 0(
> I-
III 0
Z I-
III -
UI
....
:5
10- ~
~ a::
w
III IQ
:E 2:
.:z: =
III .!.
~
a.
:E t::
0
~ z
=
c ~
'- -
a::
z z C
0 0 w
~ ~ I.:l U
Z ~
~ ~ ;:
w w
:,: ...... W In
Z Z
11.I i: G III
Co ....
Cl z :z::
c - '" w t-
a:: VI
w w
UI ~
:E
::l 0:( /Xl :5
..... ....
'- ~ N N U
t:
w
Z
.....J a:: w
g f UI
>- 00
>- 0...1 a:: w
I.l... wo:( w 5
a:: Z' 0 ~~ >
0 0 #- 0
r.!:I ~ U ~
8 V'l '" w Q,
~ N Z' ...Iw a:: ::l
oz ...1...1
::i! CUI ...I a::lIl 0
~ ;""0 WW ...I Z
o~ W InC~ 0( ~~ :! ::I
W a::Q~ ~ ~
z i~ z :5 a:: ~ ...I
.... .... 0( 0:(
:E '" ...IO~ E; l-
e z &$ :::I :::I g
C W III o:(c III I-
- -
<
au
a::
<
au
U
~
au
U)
>-
CD
::.::
a::
o
~
I&.
o
au
A.
o
U
U)
Q
Z
<
Ii:;
~
Q
::;)
CD
:E
~
~
~
A.
...
.(
I-
Z
au
:E
:z::
u
~
<
Ci
au
a::
<
au
U
~
au
U)
roo- r--
III
lJ
a::
::;)
i
ti
8 .....
VI
::;) 0 ~
ID Z
i! O!
llI: <
III III
~ U
l- s:
0
- a::
III
~ VI
VI
::;) ...
0 ~
x t.
< VI
'" W
ID Q!
0
u d
- -
~ Ii:
w
z
VI 0 III
III I- ID
ii: ...
I- .1:
a ..I
~ ..I
It :!
III ~
Z
III I-
ID
...
.1:
..I
""- ....
VI
~ a:
W
W ID
:E ::E
:z:: ::;)
VI .!..
::::f
0-
J: t;
0
u z
~ ::;)
......
l- i- ;3
a:
z z <
0 0 III
~ P l!:I U
~ Z s:
~ Q! 0:: a::
w w
~ Z w VI
z
i: t3 VI
0 ...
0 z :I::
.e - <( w t
Ill: 13
W
CD Q!
:E <( /Xl 0
::;) .... ....
-- .!. '" '" It
Iil
Z
...J a: III
g ~ CD
>- 0
t- 0..1 a:: w
>- u.. ~~ W I-
ell: Z 0 > is
0 0 # g~ 0
~ 1= u ::::f
'0 '" Iil 0-
E N Z ..Iw ell: ::;)
oZQ! -'..I a:: VI 0
.era ..I ..I
I-Olll ~ C ~ C IilW ~ Z
... 01="" o~ I- ~~ ~ ::;)
z ~e!i ::sa:: 0 0 ..I
... :a l- S c
:E ::i::::l'" g $ ~ CD l-
e ::;) ::::) ~
..... c 2<~ VI c< VI I-
'"-
Attachment B
State and Federal Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that it will comply with the
following applicable federal and state requirements:
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
State and Federal Statutes and Regulations
1.
Community Development Block Grant Disaster Recovery
Emergency Rule 9BER09-2;
Florida Small and Minority Business Act, s. 288.702-
288.714, F.S.;
Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.;
Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, F.S.;
Title I of the Housing and Community Development Act of
1974, as amended
Treasury Circular 1075 regarding drawdown of CDBG
funds
Sections 290.040 1-290.049, F.S.;
Rule Chapter 9B-43, Fla. Admin. Code.;
Department of Community Affairs Technical
Memorandums;
HUD Circular Memorandums applicable to the Small Cities
CDBG Program;
Single Audit Act of 1984;
National Environmental Policy Act of 1969 and other
provisions of law which further the purpose of this Act;
National Historic Preservation Act of 1966 (Public Law89-
665) as amended and Protection of Historic Properties (24
C.F.R. Part 800);
Preservation of Archaeological and Historical Data Act of
1966;
Executive Order 11593 - Protection and Enhancement of
Cultural Environment;
Reservoir Salvage Act;
Safe Drinking Water Act of 1974, as amended;
Endangered Species Act of 1958, as amended;
Executive Order 12898 - Environmental Justice
Executive Order 11988 and 24 C.F.R. Part 55 - Floodplain
Management;
The Federal Water Pollution Control Act of 1972, as
amended (33 U.S.C., s. 1251 et.seq.);
Executive Order 11990 - Protection of Wetlands;
Coastal Zone Management Act of 1968, as amended;
Wild and Scenic Rivers Act of 1968, as amended;
Clean Air Act of 1977;
HUD Environmental Standards (24 C.F.R. Part 58);
Farmland Protection Policy Act of 1981;
Clean Water Act of 1977;
Davis - Bacon Wage Rate Act;
Contract Work Hours and Safety Standards Act of 1962, 40
U.S.C. s. 327 et. seq.;
The Wildlife Coordination Act of 1958, as amended;
2.
3.
4.
5.
6.
7.
8.
9.
10.
II
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Contract Revised: 4/6/2010
32. The Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1975 (42 U.S.c., s. 6901
et. seq.);
33. Noise Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24 C.F.R.
Part 51, Subpart B;
34. Flood Disaster Protection Act of 1973, P.L. 92-234;
35. Protection of Historic and Cultural Properties under HUD
Programs, 24 C.F.R. Part 59;
36. Coastal Zone Management Act of 1972, P.L. 92-583;
37. Architectural and Construction Standards;
38. Architectural Barriers Act of 1968, 42 U.S.c. 4151;
39. Executive Order 11296, relating to evaluation of flood
hazards;
40. Executive Order 11288, relating to prevention, control and
abatement of water pollution;
41. Cost-Effective Energy Conservation Standards, 24 C.F.R.
Part 39;
42. Section 8 Existing Housing Quality Standards, 24 C.F.R.
Part 882;
43. Coastal Barrier Resource Act of 1982;
44. Federal Fair Labor Standards Act, 29 U.S.c., s. 201 et. seq.;
45. Title VI of the Civil Rights Act of 1964 - Non-
discrimination;
46. Title VII of the Civil Rights Act of 1968 - Non-
discrimination in housing;
47. Age Discrimination Act of 1975;
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community Development
Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R.
Part 8;
51. Executive Order 11063 - Equal Opportunity in Housing;
52. Executive Order 11246 - Non-discrimination;
53. Section 3 of the Housing and Urban Development Act of
1968, as amended - Employment/Training of Lower Income
Residents and Local Business Contracting;
54. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L., 100-17, and 49
C.F.R. Part 24;
55. Copeland Anti-Kickback Act of 1934;
56. Hatch Act;
57. Title IV Lead-Based Paint Poisoning Prevention Act
(42 U.S.C., s. 1251 et. seq.);
58.0MB Circulars A-87, A-I 02, A- I 22, and A-133, as revised;
59. Administrative Requirements for Grants, 24 C.F.R. Part 85;
60. Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 and 24 C.F.R. Part 12.
18
ATTACHMENT C
RECORDKEEPING
N/A
Contract Revised: 4/612010
19
Attachment D
Reports
The following reports must be completed and submitted to the Department in the time frame indicated. Failure to
timely file these reports constitutes an event of default, as defmed in Paragraph (10) of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October
15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the
reporting period, the form must indicate "no activity".
2. A Quarterly Progress Report must be submitted to the Department on the last day of the month on the
report form provided by the Department.
3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the
Agreement termination date.
4 In accordance with OMB Circular A-133, revised, should the Recipient meet the threshold for submission
of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and
submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the
Recipient did not meet the audit threshold, a certification must be provided to the Department no later than nine (9)
months from the end of the Recipient's fiscal year.
5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually.
The form must be used to report annual accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet Section 3 requirements.
6. Request for Funds must be completed on the Department's Request for Funds form and submitted in a pdf
fonnat via email by an authorized signatory. Requests for Funds received via email will only be accepted from an
email address that is reflected on the Signature Authority form. The Request for Funds must be submitted to the
following departmental email address:disasterrecovery@dca.state.f1.us
Contract Revised: 4/6/20 I 0
20
Contract Revised: 4/6/2010
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
N/A
21
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(I) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, fmancial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected when it is in the Recipient's interest to do so.
Contract Revised: 4/612010
22
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,
but ordinarily shall mean normal business hours of 8 :00 a.m. to 5 :00 p.rn., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
Contract Revised: 4/6/2010
23
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
(Sub-Contractor's Name)
(Recipient's Name)
Date:
(Authorized Signature)
(Print Name and Title)
lO-DB-K4-11-54-02-K24
(DCA Contract Number)
(Street Address)
(City, State, Zip)
Contract Revised: 4/6/2010
24
Contract Revised: 4/6/20 I 0
ATTACHMENT H
STATEMENT OF ASSURANCES
N/A
25
ATTACHMENT I
ACTIVITY WORK PLANS
Contract Revised: 4/6/20 10
26
Attachment J: Program and Special Conditions
1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed
Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date
of this Agreement, the Recipient shall complete the following:
a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedure for Title
I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National
Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction
of the Department, the Department will issue a Release of Funds.
b. Submit to the Department copies of all required policies and procedures that have been adopted by
the local government but were not provided at the time of original Application. Also, unless
submitted with the grant application, submit an executed copy of the required inter-local
Agreement if more than one local government will receive funding under this contract.
c. The documentation required in paragraph 2 below for any professional services contract
associated with activities funded under this grant.
2. For each procured and executed professional services contract for which Disaster funding will be
requested, or within five (5) days of the execution of any yet to be procured professional services for
which Disaster funding will be requested, submit a f.QID: of the procurement documents listed below. The
recipient proceeds at it's own risk if it incurs or expends any funds for a professional services contract
before the Department reviews and approves the procurement.
a. Public notice of the terms of the request for proposals in a newspaper of regional circulation,
including affidavit of publication;
b. List of entities to whom a notification of the request for proposals was provided by email, U.S
mail or by fax;
c. List of firms that submitted a proposal (only if short-listing procedure was used);
d. Completed short-listing evaluation / ranking forms, including any ranking summary document,
and document transmitting the short-listed frrms to the commission (only if short-listing procedure
used);
e. Completed final evaluation / ranking forms;
f. Portion of commission minutes dealing with contract award;
g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information
was not submitted with proposals);
h. Contract (signed or proposed);
1. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $150,000;
J. Ifa protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one ftrm was
considered and the contract exceeds $25,000;
I. If a regional planning councilor local government is performing the services, submit only a copy
of the contract and cost analysis information.
Contract Revised: 4/6/20 I 0
27
3 The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single
proposal procurement action without prior written approval from the Department. Failure to secure the
prior written approval shall relieve the Department of any obligation to fund the said procurement contract,
including any payments previously made. If professional services procurement will not be undertaken,
advise the Department.
4. For any activity that requires construction plans and specifications prepared by an engineer or architect:
a. Provide to the Department a copy of all engineering specifications and construction plans. The
Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid
documents for all services and/or materials to provide those services and/or materials for all
construction activities when the bids are expected to exceed $25,000. These submissions are for
the limited purpose of identifying the extent of the activities to be accomplished with Disaster
funds under this Agreement, and inclusion of program requirements, and in no way does it
indicate that the Department has conducted a technical review of, or approved the plans or other
bidding documents;
b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid
packages until the Department has provided to the Recipient, written acceptance of the
engineering specifications, construction plans, and bid documents; and
c. In any service area which requires construction plans and specifications prepared by an engineer
or architect, no more than twenty-five percent (25%) of the grant administration amount allocable
to that service area may be requested until the construction plans and specifications for that service
area have been received for review by the Department. For the purpose of this condition, the
allocable grant administration amount for each service area is calculated by fIrst determining each
service area's percentage of total project costs, excluding administrative costs, and then
multiplying the service area's percentage of total project costs by the total administrative budget.
This calculation results in a percentage of total administrative costs per service area based on each
service areas percentage of the grants total project costs, excluding administrative costs.
5. Any procurement which requires public notice in a newspaper (except as otherwise provided for in this
contract) shall be published in a daily newspaper of general circulation in a nearby Office of Management
and Budget (OMB) designated metropolitan statistical area (MSA). Alternatively, a local government may
substitute such notice with a combination of local newspaper publication and mailed announcements to
potential bidders, which generates at least three responsible and responsive bids or proposals. Such
publication and/or mailing shall allow at least 12 days for receipt of the proposals or bids.
a. The Department must provide written permission prior to the local government awarding any
contract exceeding $25,000 procured as a result of inadequate competition, a sole source or
noncompetitive procurement. For contracts below $25,000, the local government's files must
document the justification for such noncompetitive procurement which complies with 24 C.F.R.
85.36(b)( 4).
b. All contracts for professional services shall conform to the following:
1. Any Request for Proposals which includes more than one service shall provide that:
Proposals may be submitted for one or more of the services; qualifications and proposals
shall be separately stated for each service; The evaluation of the proposals shall be
separate for each service.
n. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each
proposal, ranking or comparing each proposal to the criteria in the published Request for
Proposals. Based on those criteria, the written evaluation will document why the
successful proposal was selected.
111. A separate professional services contract must be procured and executed between the
local government and any professional services consultant for each particular CDBG
subgrant and each service. Each advertisement for procurement of CDBG professional
Contract Revised: 4/6/20 I 0
28
services, except for subgrant application preparation, must identify either the CDBG
subgrant cycle by federal fiscal year or the CDBG subgrant cycle by federal fiscal year or
the CDBG subgrant agreement to which it is applicable.
iv. Each professional services contract must reference the CDBG subgrant agreement to
which it is applicable.
C. If CDBG and other sources of funding are being jointly used to fund activities under a single
contract, the activities to be paid for with CDBG funds must be shown separately in the bid
proposal so that the CDBG activities and the amount of the contract to be paid from CDBG funds
are identifiable.
d. If, after applying any specified deductive alternates, construction bids exceed available funds, the
local government shall not negotiate with the low bidder unless there is only one bidder or all
bidders are allowed to submit revised bids for the revised project.
e. If the construction cost can be reduced by deleting entire line items or reducing quantities based on
unit prices identified in the bid, the effect of such deletions or reductions on all bidders' prices
shall be detennined. Contract award shall be made to the low, responsive and responsible bidder
for the revised project.
f. All contracts in excess of $100,000 covered by Section 3 regulations shall contain the language
required in 24 C.F.R. 135.38.
6. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA), as amended, and:
a. Disaster funds will not be used for the cost of acquisition, the Recipient shall document
completion of the acquisition by submitting all documentation required for a desk monitoring of
the acquisition, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable.
The documentation shall be submitted within 45 days of acquiring the property and prior to
advertising for construction bids for any activity that required the acquisition.
b. Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of
all pre-acquisition activities by submitting all documentation required for a desk monitoring of
those activities, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver
of rights (for donations), and estimated settlement costs, as applicable. The documentation
shall be submitted to the Department for review prior to closing on the property. A copy of
the final statement of settlement costs and a copy of recorded deed, with any required deed
restrictions, shall be submitted within 45 days of the acquisition.
7. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the
Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any
portion of the cost of the acquisition exceeding Fair Market Value as established in the Housing and
Urban Development (HUD) Handbook 1378 shall not be paid with Disaster funds. Furthermore, if grant
funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or
disposition shall be met.
8. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub-
grant period.
Contract Revised: 4/6/2010
29
9. No payment from the Department shall be for an amount less than $5,000, unless it is a local government's
final request for funds. Additionally, all funds requested from the department must be expended within 3
days of receipt.
10. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially
or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall
document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat.
(1995) to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be
provided at least one year prior to the anticipated availability of the system.) Special assessments or impact
fees cannot be charged to households that are to be hooked-up to a water or sewage system.
II. The maximum percentage of sub grant funds allowed for architectural and engineering costs shall be
based on the subgrant activities which require architectural design and engineering and shall not exceed
the Rural Development (RD) Rural Utility Service (RUS) fee schedule (Form RD 1942-19) in Florida RUS
Bulletin 1780-9, which can be obtained from the Department, and which is incorporated herein by
reference.
a. If more than one design professional is needed for an activity or activities (e.g., a landscape
architect in addition to an engineer for sidewalk construction in a Commercial Revitalization
project), the local government shall not exceed the appropriate RDIRUS fee curve for each
activity covered by each design professional negotiated separately. For projects involving both
Table I and II activities, engineering costs shall be pro-rated appropriately. The Department will
not fund or reimburse costs of engineering activities that are not eligible under the Rural Utilities
Service (RUS) fee schedule or those costs that exceed the RUS rates.
12. The Recipient, by executing this Agreement, certifies that program income received and retained by the
local government before closeout of the grant will be used to continue grant activities in compliance with
all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and
expended must be reported to the Department on a quarterly basis.
13. The Recipient shall annually undertake an activity to affIrmatively further fair housing pursuant to 24
C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof
from the effective date of the contract to the date of submission of the administrative closeout.
14. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This
restriction shall limit the use of that real property or facility to the use stated in the Application and that title
shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the
Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property
shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance
with 24 C.F.R. Section 570.489(j).
15. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in
a location that is accessible to physically handicapped persons or make such accommodations as
necessary to provide for active participation of handicapped persons desirous of attending such public
hearings.
16. All amendments to the activities contained in the application, including proposed new activities must be
approved by the Department in writing prior to the date of initiation of that activity or the execution of any
contract with any third party relating to such activity. The Department reserves the right to require that
an activity meeting the Low to Moderate Income (LMI) national objective be replaced with another activity
meeting the LMI national objective if the original activity can not be completed.
17. All requests for sub grant amendments shall include the following written documentation for review by the
Department:
Contract Revised: 4/6/2010
30
a. A cover letter signed by the Chief Elected Official or his or her designee which describes the need
for the proposed changes and their effect upon the approved project.
b. All application forms that would be changed by the proposed amendment.
c. If applicable, a revised activity work plan; a revised budget showing the current and amended
budget; If there is a change in activity location, a legible map which indicates the proposed
change.
d. If applicable, a copy of the minutes of the meeting of the Citizen's Advisory Task Force (CATF)
when the proposed amendment was reviewed.
e. If applicable, a copy of the public notice of the public notice for the public hearing at which the
amendment was approved.
f. Signature of the Chief Elected Official on Modification Form DCA 07.02.
g. The amendment must be received by the Department at least 45 days prior to the end of the
sub grant agreement. If the amendment is extending the subgrant agreement period, it must be
received by the Department at least 90 days prior to the end of the subgrant agreement.
h. If the local government requests administrative closeout prior to the termination date of the
subgrant agreement, any amendment affecting closeout and requiring Department approval must
be included with the closeout.
i. Any proposed amendment extending the termination date of the subgrant agreement must be
approved by the Department. The local government must explain any delay affecting project
completion and must justify the need for the extension.
18. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatint;! Historic Buildings.
and with all other environmental regulatory requirements.
19. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g).
Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to
beneficiaries, businesses, or other third parties; or any other fmancial interest, whether real or perceived,
shall be addressed pursuant to 24 C.F.R. Section 570.489(h).
20. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate
and ready comparison between the expenditures and the contracted budget line items by service area
contracted activity as defmed on Attachment A, Budget and Scope of Work, and on Attachment I, Activity
Work Plans.
21. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon
completion by a licensed professional as meeting the specifications of the design, as may have been
amended by change orders. The date of completion of construction shall be noted as part of the
certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certification shall be submitted with the administrative closeout package.
22. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any
activity in the application, the local government shall provide information necessary to establish eligibility
for the activity under the Disaster Recovery initiative program requirements or replace the activity with a
new activity meeting program requirements.
23. Following demolition of a structure on private property, the local government shall place a lien against the
real property for the cost of demolition. If the lien is not recorded against the real property, then the
demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is
needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be
maintained in the project files. When the lien is paid, the funds shall be treated as program income in
accordance with CDBG regulations in 24 CFR 570.
24. For any activity performed as an "urgent need," the project files shall document that the activity meets the
requirements of 24 eFR 570.483 (d) to qualify under the "urgent need" national objective. For these
disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in
Contract Revised: 4/6/2010 31
the context of the 2008 hurricane season damage. The Recipient must submit an appropriate and properly
completed National Objective Form, including attachments; to the Department for review and approval
before funds may be drawn down to implement those activities. A copy of the approved National
Objective Form must be maintained in the sub-grant file.
25. If grant funds are used for the "slum and blight" national objective, the Recipient must submit a National
Objective Form, including attachments, to the Department for review and approval before funds may be
drawn down to implement those activities. Before approval, the project fIles must document that the
activity took place in an area officially designated as "slum" or "blighted" and meets HUD requirements
for "slum and blight" on an area basis, or "slum and blight" on a "spot blight" basis. A copy of the
approved National Objective form must be maintained in the sub-grant fIle.
26. For activities where hookups or connections are required as a condition for beneficiary access to a Disaster
Recovery funded public improvement, no hookup or connection fees shall be charged to very- low, low
or moderate-income beneficiaries.
27. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and
Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its
DBRA tracking and reporting requirements to HUD for these funds:
a. Obtain a wage decision from the Department using its Wage Decision Request form or a
similar document with the same information; and
b. Prior to awarding the construction contract, submit the Bidding Information and
Contractor Eligibility form, or document with the same information, and obtain the Department's
confmnation that the contractor is not excluded from participation in federally funded projects.
28. Pursuant to the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 V.S.C. 5155), no
activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA,
eligible for Small Business Administration assistance, insurance, or any other program or sources. The
Recipient's project files shall document how compliance with this prohibition on duplication of benefits
was determined for each activity, including sub-recipients and, for housing or other direct benefit activity,
individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means
may require repayment of duplication of benefit funds.
29. Before expending disaster recovery funds for housing rehabilitation projects, the recipient must receive
prior written approval of release of funds and the file shall document damage by the applicable 2008
storm.
30. Recipients of these Disaster Recovery funds are responsible for management of all subrecipients vendors
and contractors that will receive funding from this grant or will assist the Recipient in carrying out the
activities funded under this grant. Recipients must take steps to ensure compliance with applicable Federal
and State rules and regulations. The Recipient's monitoring must cover each program, function or activity.
Site visits and any necessary review of fIles should be undertaken on a regular basis to ensure that projects
are being carried out in a timely manner and that they comply with required rules and regulations.
Recipients must report on the subrecipient, vendor and contractor progress on a quarterly basis using the
Department's Quarterly Status Report developed specifically for this Disaster Recovery funding.
Recipients are encouraged to develop written procedures and checklists for accomplishing such monitoring.
During on-site visits, the Department may request documentation that reviews of subrecipients or
contracted work has been monitored on a regular basis.
31. Definitions:a
a. Administrative Costs - Administrative cost means the payment of all reasonable costs of
management, coordination, monitoring, and evaluation, and similar costs and carrying charges,
related to the planning and execution of community development activities, which are funded in
Contract Revised: 4/612010
32
whole or in part under the Florida Community Development Block Grant Disaster Recovery
Program. Administrative costs for the 2008 Disaster Action Plan are 2.5% of the total grant
award. Activity delivery cost means a cost, except engineering, that can be directly associated
with, and is required for, performing a specific activity. Activity delivery costs are charged to the
activity line item. Engineering costs shall be charged to the engineering line item and has a
separate limit. Activity delivery cost is a maximum of 5% for infrastructure and a maximum of
12% for housing activities.
b. Architectural and Engineering Services - Basic services required to be performed by an
architect or engineer licensed by the State of Florida including preliminary engineering, design
services and services during construction except for the following:
1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and
other similar special surveys as may be required, such as route surveys.
ii. Laboratory test, well tests, borings, specialized geological soils, hydraulic or other studies
recommended by the engineer.
iii. Property surveys, detailed description of sites, maps, drawings, or estimates related to
them, assistance in negotiating for land and easement rights.
IV. Necessary data and filing maps for water rights.
v. Redesigns ordered by the owner after final plans have been accepted by the owner and
the local government, except redesigns to reduce the project cost to within the funds
available.
vi. Appearance before courts or boards on matters of litigation or hearings related to the
project.
vu. Preparation of environment assessments or environmental impact statements
viii. Performance of detailed staking necessary for construction of the project in excess of the
control skating.
IX. Provision of the operation and maintenance manual for facilities.
x. Activities required for obtaining state and federal regulatory agency construction permits.
Xl. Design of hookups.
xu. Cost of engineering specialties such as electrical; hydro geological services; biologists;
and heating, ventilation, and air conditioning (HV AC).
c. Authorized Signature - the original signature of the Chief Elected Official or the signature of
a person who is designated by charter, resolution, code, ordinance or other official action of the
local government to sign Disaster Recovery related documents. If a signature other than the Chief
Elected Official is submitted, a copy of that designation must accompany that signature.
d. Direct Benefit - CDBG assistance that promotes or enhances individual well-being including
housing rehabilitation, sewer and water hookups, or job creation by a Participating Party.
Activities that only meet a national objective through an area-wide determination do not confer
direct benefit.
e. Job Creation Location - is the geographic location within the project area where job creation
activities of the Participating Party and expenditure of non-public funds will occur. This excludes
any locations where public funds from any source are being expended for local government-owed
infrastructure, local government owned public facilities or within public easements or rights-of-
way.
f. Jobs Created - means permanent jobs which were not in existence in the State of Florida prior to
the provision of the disaster assistance and which would not be created without CDBG
Disaster Recovery assistance. In cases where an employer both creates and eliminates jobs, "jobs _
created" means the difference between the new jobs -created and the old jobs eliminated.
g. Jobs Permanent - a full-time position or a full-time equivalent position (2,000 hours annually) as
set forth in the application which is necessary to the overall goals and objectives of a business and
Contract Revised: 4/612010
33
which has no known end, and which will be maintained by the Participating Party for a minimum
of one year from natural conditions or as otherwise clarified in 24 C.F.R. 570.483(b)(4).
h. Jobs Retained - a permanent position which, without CDBG Disaster Recovery assistance,
would be abolished by layoffs, plant closing, or other severe economic or natural conditions or as
otherwise clarified in 24 C.F.R. 570.483(b)(4).
1. Jurisdiction - is the corporate limits of a local government or the area over which it has zoning
authority.
J Liquidated Damages - funds paid to a local government by a contractor, vendor, or any other
party pursuant to a pursuant to a CDBG-funded contract when such payment is triggered by
nonperformance or failure to perform on their part. This definition is applicable whether such
funds are withheld by the local government or repaid or rebated to the local government by the
contractor, vendor or third party.
k. Public Notice - defmed as an advertisement published in a local newspaper of general circulation
at least five days, and no more than 20 days, prior to the event for which the notice was placed.
of the time period shall not include the date of publication of the notice.
I. Section 3 - refers to Section 3 of the Housing and Community Development Act of 1968, as
amended, as effective on 5-23-06, and 24 C.F.R. Part 135, as effective on 5-23-06, relating to
employment and other economic opportunities for lower income persons.
In. Service Area - total geographic area to be served by a sugbrant-funded activity, where at least 51
percent of the residents are low and moderate income persons. A service area will encompass all
beneficiaries who are reasonably served or would be reasonably served by an activity.
32. An applicant may propose activities in other eligible jurisdictions as long as the applicant includes an
executed InterIocal Agreement with their application which:
1. Includes as parties all local governments whose jurisdictions are included in the project
and/or service area(s);
ii. Authorizes the applicant to undertake the activities in all jurisdictions included in the
interIocal agreement; and
iii. AffIrmS that all activities are consistent with each local government's comprehensive
plan and provides documentation which includes applicable excerpts of each local
government's comprehensive plan in the supporting documentation section of the
application
33. When two jurisdictions apply for funding for a joint project supported by two subgrants, an interIocal
agreement must be included in each application that indicates that the jurisdictions have agreed upon a
service area, how the funding under each subgrant will be expended, and evidence that each subgrant
will meet the LMI national objective.
34. Documenting LMI Benefit and National Objective:
a. HUD Census Data - LMI benefit may be documented by using HUD-provided Census Data
where the service area geographically corresponds with block groups, census tracts, or local
government geographical limits. A sample-based survey of the beneficiaries must utilize the
"Income Verification Form," Form 28.06, which must correspond with the random sampling
requirements established by HOD in Notice CPD-05-06, as effective on 5-23-06.
i. The survey process must verifY eligibility of any proposed direct benefit activities; certifY
the number of projected very low, low and moderate income households and
beneficiaries, and the total number of beneficiaries.
Contract Revised: 4/6120 I 0
34
n. Where the sample-based survey results substantially overstate the proportion of persons
with low or moderate income in a service area, the Department will require the local
government to provide supporting evidence which substantiates the survey data. If the
survey results are found to be inaccurate, the application shall be rejected.
lll. For surveys of service areas under 50 households, all households must be surveyed. Any
non-responding household must be assumed to be above low and moderate income. The
number of household members for non-responding households may be verified through
third parties.
IV. For activities where hookups or connections are required for beneficiary access to the
public improvement, low and moderate income benefit shall be determined by the
number of low and moderate income persons in households connected to and able to use
the water, sewer or there infrastructure at the time of administrative closeout
35. The applicant shall adopt and implement procedures to fulfill regulatory and statutory requirements
relating to Lead-Based Paint pursuant to 24 C.F.R. 570.487, 24 C.F.R. Part 35, and Section 302 of the
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4822 et seq.). The applicant is required
to:
a. Prohibit use of lead-based paint;
b. Notify potential beneficiaries of the hazards of lead-based paint;
c. Inspect properties prior to initiating rehabilitation to determine if lead-based paint is present;
d. Take any necessary actions to ensure the protection of workers and occupants during abatement;
e. Ensure that proper cleanup and disposal procedures are used; and
f. Retain records of enforcement and monitoring for at least three years.
36. At the time of submission of the closeout report, the local government must have available documentation
which verifies its certification that all construction has been completed, inspected and approved by all
parties prior to the subgrant agreement end date and submission of the administrative closeout. Upon
completion of the activities contained in the local government's Disaster Recovery CDBG subgrant
agreement, including any amendments, the local government shall submit to the Department a closeout
which, at a minimum, gives the final statement of costs, certifies that the project and all non-administrative
activities are completed and accepted, that all costs except those reflected on the closeout, and reflected
on an enclosed fmal request for funds, and reports demographics of the program's beneficiaries.
37. Liquidated damages, rebates, refunds, or any other "non-program income" funds received shall be used
to conduct additional eligible CDBG activities or returned to the Department. Additional direct and
quantifiable costs (i.e., legal fees, court costs, engineering fees or administrative fees) generated by the
incident creating the liquidated dames may be deducted from the total liquidated damages prior to
undertaking additional activities or returning funds to the Department. Use of the funds for additional
eligible Disaster Recovery CDBG activities must be preceded by an amendment to the contract detailing
their use.
Contract Revised: 4/6/2010
35
Grant Specific Special Conditions (If Applicable)
I. If necessary, the Recipient shall retain sufficient administrative funds to ensure Internet access, including
email, for the duration of the contract, including any time extensions. If the Recipient does not already
have a computer designated to the person responsible for grant oversight, which is located in the program
office and capable of Internet access, administrative funds may be used as needed to obtain, at reasonable
cost, a computer to allow Internet access.
2. In order to meet the State mandated 14% Affordable Rental Housing set-aside, at any time within the tenn
of this Contract should Recipient be unable to utilize either a portion or all of their 14% Affordable Rental
Housing set-aside amount, the Department reserves the right to reallocate the percentage amount unutilized
to other Recipient(s).
3. Prior to submission of this contract for execution, recipient shall attach hereto a finalized Budget and Scope
of Work Summary and Budget and Scope of Work by Service Area Attachment(s) provided by the
Department (Attachment "A & A.I(s)").
4. If necessary, the Recipient shall retain sufficient administrative funds to ensure Internet access, including
email, for the duration of the contract, including any time extensions. If the Recipient does not already
have a computer designated to the person responsible for grant oversight, which is located in the program
office and capable of Internet access, administrative funds may be used as needed to obtain, at reasonable
cost, a computer to allow Internet access.
Contract Revised: 4/6/2010
36
Contract Revised: 4/6/20 I 0
A TT ACHMENT K
SIGNA TURE AUTHORIZA nON FORM
37
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
~~~\)
~~j
Contract Nurnber: IODB-K4-11-54-02-K24 CFDA Number: 14.228
Rule: Emergency Rule 9BER09-2
Community Development Block Grant Program
FFY 2008 Disaster Recovery Program Agreement
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe County, 1100
Simonton Street Key West, Florida 33040 (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
J
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services idenltified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
sub grant these funds to the Recipient upon the terms and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A,
the Activity Work Plan, Attachment I of this Agreement and the 2008 CDBG Disaster Recovery Initiative
Application submitted by the Recipient on January 15" 2010, including future amendments to this Subgrant
Agreement that are agreed upon by both parties.
(2) INCORPORATION OF LAWS.. RULES.. REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the
last signed date, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension.
Contract Revised: 4/6/2010
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB
Circular No. A-I02, "COmlTIOn Rule: Uniform Administrative Requirements for State and Local Governments" or
OMB Circular No. A-IIO, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Local Governments,"
OMB Circular No. A-2I, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost
Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a
cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Rec ipient shall ensure
that audit working papers are available to them upon request for a period of six years from the date the audit report
is issued, unlless extended in writing by the Department. The six year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the six year period expires, and extends
beyond the six year period, the records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or more at
the time it is acquired shall be retained for six years after final disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment Al - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
Contract Revised: 4/6/2010
2
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:001 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-I33, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
of OMB Circular A-I33, as revised. EXHIBIT I to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consid{~r all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-I33, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions ofOMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipien t shall fulfill
the requirements for auditee responsibilities as provided in Subpart C ofOMB Circular A-I33, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance \vith the provisions of OMB Circular A-I33, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance vvith the provisions of OMB Circular A-I33, as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient to The Department of Community Affairs at each of the following
addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.t1.us)
and
Department of Community Affairs
Community Development Block Grant Disaster Recovery Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Contract Revised: 4/6/20 I 0
3
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission
onl ine at:
http://harvester.census.gov /fac/collect/ddeindex.html
and to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A -133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter
issued by the auditor, to the Department at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us)
and
Department of Community Affairs
Community Development Block Grant Disaster Recovery Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-I33, Florida Statutes,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor Gent::ral, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor Gene:ral.
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient s hall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide. the Department with monthly reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in
Contract Revised: 4/6/2010
4
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department.
(b) Monthly reports are due to the Department on the last day of each month of the program year and
shall be sent each month until submission of the administrative close-out report.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by the
Department.
(t) The Recipient shall provide additional reports and information identified in Attachment D.
(8) ~MONITORING
'[he Recipient shall monitor its performance under this Agreement, as well as that of its sub recipients,
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time
schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. A review shall be done for each function or
activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit of the
Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, rc~views, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) ]~IABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Contract Revised: 4/6/2010
5
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (11). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the financial condition ofth.e Recipient at any time during the
term of this l\greement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department.
( c) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Reci pient refund to the Department any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request add itional information from the Rec ipient to determine the reasons for or the extent of
non-compliance or lack of performance,
Contract Revised: 4/6/2010
6
2. issue a written \varning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible.
(f) Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Reci pient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include Inisuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely nlanner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper close-out of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail return receipt requested, to the representative identified below at the address
set forth belo,v and said notification attached t6 the original of this Agreement.
Contract Revised: 4/6/2010
7
(b) In the event of any inconsistencies or conflict benveen the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
( c) This Agreement has the following attachments (check all that are applicable):
I2?J Exhibit 1 - Funding Sources
I2?J Attachment A - Budget and Scope of Work
I2?J Attachment B - Program Statutes and Regulations
D Attachment C - Recordkeeping (N/A)
I:8J Attachment D - Reports
D Attachment E - Justification of Advance (N/A)
I:8J Attachment F - Warranties and Representations
I2?J Attachment G - Certification Regarding Debarment
D Attachment H - Statement of Assurances (N/A)
~ Attachment I - Activity Work Plan
I:8J Attachment J - Program and Special Conditions
~ Attachment K - Signature Authorization Form
(17) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed $2,488,963, subject to the availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A~ of this Agreement, and the Subgrant Application.
( c ) All funds shall be requested in the manner prescribed by the Department. The authorized
signatory for the Recipient as set forth on the Signature Authorization Form, Attachment K to this Agreement, must
approve the submission of each Request for Funds (RFFs) on behalf of the Recipient.
(d) Pursuant to 24 C.F .R. Section 570.489(b), pre-agreement costs reflected in the Subgrant
Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible
costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of the
Agreement.
( e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement,
except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the
Department agrees to their eligibility, fundability, or addition to the Agreement, or a separate letter authorizing such
costs, are ineligible for funding with CDBG funds.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
Contract Revised: 4/6/2010
9
(b) The name and address of the Division contract manager for this Agreement is:
Austin Henley
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 414-9245
Fax: (850) 922-5609
Email: austin.henlev@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
(Name)
(Address)
Telephone:
Fax:
Email:
John O'Brien
1400 Kennedy Drive
Key West, FL 33040
(305) 296-5621 Cell:
(305) 292-1221
@ hsijob@aol.com
(407)620-8433
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in (13)( a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The Recipient agrees to include in the
subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all
applicable stat(~ and federal laws and regulations, and (Hi) the subcontractor shall hold the Department and Recipient
harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachm ents to this Agreement are incorporated as if set out fully.
Contract Revisl~d: 4/6/2010
8
( 18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs'~ and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Fiscal Management
2555 Shumard Oak Boulevard
Tallahassee F L 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5%)
of the face anlount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipien t.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the e:xtent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
( d) This Agreement may be executed in any number of counterparts, anyone of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,
42 V.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 - 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, state and 10 cal government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
Contract Revised: 4/6/2010 10
be a\varded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a 5-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of tlederal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and
4. have not within a 5-year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by em ail or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must b.~ received by the Department before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla.
Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest incorrle shall either be returned to the Department or be applied against the Department's obligation to pay
the contract aJnount.
Contract Revised: 4/6/2010
11
(m) The State of Florida will not intentionally award publicly funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U .S.C. Section 1324a( e) [Section 274A( e) of the Immigration and Nationality Act C"INA")]. The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral cance llatio n of this Agreement by the Department.
(n) The Recipient is subject to Florida~s Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with re:spect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrec:ipients shall certify and disclose.
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
fail ure.
Contract Revised: 4/6/2010
12
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY ANI) ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORM.ANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
( c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal au thority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies tha(
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Contract Revised: 4/6/2010
13
ST ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANTAGREEMENT
SIGNATURE PAGE
Contract Nunrtber: lODB-K4-11-54-02-K24
IN 'WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth below.
MONROE C()UNTY
DEPARTMENT OF COMMUNITY AFFAIRS
By:
(Authorized Signature)
Date:
By:
(Authorized Signature)
.Date:
(Print Name)
Type Name: Janice Browning
Title:
Title: Director_ Division of Housing & Community
Development
Federal Tax ID#
DUNS#
Contract Revised: 4/6/2010
14
EXHIBIT - I
THE FOLLt)WING FEDERAL RESOURCES ARE A WARDED TO THE RECIPIENT UNDER THIS
AGREEME1\rT:
Separately list the following information for each federal program fi"om which the resources awarded to the
Recipient originate:
Federal agency
Community
Development
Block Grant
Program
U.S. Department of
Housing and Urban
Development
Community
Development
Block
Grants/State's
Program and
Nonentitlement
Grants
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
Award amount:
14.228
$2,488,963
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients;
etc.)
and specify
to
which federal program
each
requirement
applies:
Compli:ance Requirement
Program
1. The Recipient will fully perform the obligations in accordance with the Community Development
Budget and Scope of Work, Attachment A of this Agreement, the Block Grant Disaster
subgrant application incorporated herein by reference, and 24 C.F.R, Recovery Program
Subpart /, Sections 570.480 - 570.497.
The Recipient shall be gov.erned by 29q.401-409, F.S., Rule 9 B-43, F.A.C.
and Federal Laws, rules and regulations, including but not limited to those
identified in Attachments Band J
Contract Revised: 4/6/2010
15
iVOTE: Instead of listing the specific compliance requirelnents as sho117n above, the State al17arding agency 11lay elect
to use language that requires the Recipient to comp~v with the requirements of applicable provisions of specific
laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must
comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how
eligibility determinations are to be made. The State awarding agency, ifpractical, may want to attach a copy of the
specific law, rule, or regulation referred to.
NOTE: For federal programs included in Exhibit 1, Section .400(d) of OMB Circular A-133, as revised requires,
and for state projects included in Exhibit 1, Section 215, 97(5)(a), Florida Statute, requires the information in
Exhibit 1 to be provided to the Recipient.
Contract Revised: 4/6/2010
16
Attachment A
Scope of Work and Budget
Contract Revised: 4/6/2010
17
a -t ~ I~ en >'0 "' >- >
0 c: =10 z r- C 0
..of ~ 1St VI or- t:) a 3: z
)> d -t 2 ~z
r- Jj; j~ 0 ~~
c: -I ;! g~ ", :j 0 ~
:2 . m ~a
a ,.... ~: ,.... GI~ ;a ~
c: roo,.. i
m,.. I'.J ~
.~ --.!! - --21-.0 .~
e..c -. ,- ~S a:: 15 ~
n 0 0
~ < 02 ;:II
m ~m 'TI <
m ~ ,-0 d
0 "'ft
OJ 0 ;j
m 73 I
Z
m
~ i ..... ~ ..... ~ N Z
s: ~ ~ ~ c:
Q) Ol 3:
~ UI
m rn
'" ;;II
.......
."
;II ~ f :lQ ~ n.. >
0 ~ ~ z 0
~ ~ 3:
~ a- -, sa ~ ~
r- ~ 8 ~ :J: 111 ~ a
.- So. 8 m 0
t2
us r:r- ~ ~ .".:- :z III <
m c: C C: c:: ~ 3
:a ~ ;:t
< ~"5l *~ ~ .e
n ~ m :J
m
. a: c:
~ ~ ! 0
.2
~ tt c:r.
!M.. ~
~
C n
::I: ::I: ::r: :r Z n
c c c c ~ 0
:I
."
roo
Z ;
c: :z
% Z
UI 1ft
III Z
~ g: i :0 ;t
..... VI
O'l (Xl 0
,..
Z
...
w - ~ g
~ ~ N
0 ail
a m
Z
;! m
< ;!I
r- t; e
roo
! t .ra ~ ~~ ~
.- m
1ft fJ)
Z
1ft
;!J -t
e 0
:~
m ~ roo
N ~ ~
~ 8 ~
~
-wt
;II
0
3:
:. n
1= 0
fI) z
"' >
:a
< Z
r;~ ~ g
1ft.!'" ~~ i~
~ ~~ ~8 ~ ..,. -vt !i
~ g}
~ ~ st1 ~8 ~ ~
'-'8 g 8 g 8 (:) 8
0
0
....
::z: aI
m c
;iD 0
2! t:J
PI
Z ...
~
en
0
c:
a
~
~
n
::J:
3:
m
z
....
'.>
.
"0
;a
o
Q
~
~
OJ
c:
o
G)
!!I
)-
z
.,
~
o
"U
m
o
.,.
~
o
~
en
c
~
~
)a
~
Attachment B
State and Federal Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that it will comply with the
following applicable federal and state requirements:
State and Federal Statutes and Regulations
1.
Community Development Block Grant Disaster Recovery
Emergency Rule 9BER09-2~
Florida Small and Minority Business Act, s. 288.702-
288.714, F.S.;
Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.;
Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, F.S.~
Title I of the Housing and Community Development Act of
1974, as amended
Treasury Circular 1075 regarding drawdown of CDBG
funds
Sections 290.0401-290.049, F.S.;
Rule Chapter 9B-43, Fla. Admin. Code.;
Department of Community Affairs Technical
Memorandums~
HUD Circular Memorandums applicable to the Small Cities
CDBG Program;
Single Audit Act of 1984;
National Environmental Policy Act of 1969 and other
provisions of law which further the purpose of this Act;
National Historic Preservation Act of 1966 (Public Law89-
665) as amended and Protection of Historic Properties (24
C. F. R. Part 800);
Preservation of Archaeological and Historical Data Act of
1966;
Executive Order 11593 - Protection and Enhancement of
Cultural Environment;
Reservoir Salvage Act;
Safe Drinking Water Act of 1974, as amended;
Endangered Species Act of 1958, as amended; .
Executive Order 12898 - Environmental Justice
Executive Order 11988 and 24 C.F.R. Part 55 - Floodplain
Management;
The Federal Water Pollution Control Act of 1972, as
amended (33 V.S.C., s. 1251 et.seq.);
Executive Order 11990 - Protection of Wetlands;
Coastal Zone Management Act of 1968, as amended;
Wild and Scenic Rivers Act of 1968, as amended;
Clean Air Act of 1977;
HUD Environmental Standards (24 C.F.R. Part 58);
Farmland Protection Policy Act of 1981;
Clean Water Act of 1977;
Davis - Bacon Wage Rate Act;
Contract Work Hours and Safety Standards Act of 1962, 40
V.S.C. s. 327 et. seq.;
The Vtildlife Coordination Act of 1958, as amended;
2.
3.
4.
5.
6.
7.
8.
9.
10.
11
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Contract Re:vised: 4/6/2010
32. The Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1975 (42 V.S.C., s. 6901
et. seq.);
33. Noise Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24 C.F.R.
Part 51, Subpart B;
34. Flood Disaster Protection Act of 1973, P.L. 92-234;
35. Protection of Historic and Cultural Properties under HUD
Programs, 24 C.F.R. Part 59;
36. Coastal Zone Management Act of 1972, P.L. 92-583;
37. Architectural and Construction Standards;
38. Architectural Barriers Act of 1968,42 V.S.C. 4151;
39. Executive Order 11296, relating to evaluation of flood
hazards;
40. Executive Order 11288, relating to prevention, control and
abatement of water pollution~
41. Cost-Effective Energy Conservation Standards, 24 C .F.R.
Part 39~
42. Section 8 Existing Housing Quality Standards, 24 C.F.R.
Part 882;
43. Coastal Barrier Resource Act of 1982;
44. Federal Fair Labor Standards Act, 29 V.S.C., s. 201 et. seq.~
45. Title VI of the Civil Rights Act of 1964 - Non-
discrimination;
46. Title VII of the Civil Rights Act of 1968 - Non-
discrimination in housing~
47. Age Discrimination Act of 1975~
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community Development
Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R.
Part 8;
51. Executive Order 11063 - Equal Opportunity in Housing;
52. Executive Order 11246 - Non-discrimination;
53. Section 3 of the Housing and Vrban Development Act of
1968, as amended - Employment/Training of Lower Income
Residents and Local Business Contracting;
54. Vniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L., 100-17, and 49
C.F.R. Part 24;
55. Copeland Anti-Kickback Act of 1934;
56. Hatch Act;
57. Title IV Lead-Based Paint Poisoning Prevention Act
(42 V.S.C., s. 1251 et. seq.);
58.0MB Circulars A-87, A-I02, A-122, and A-133, as revised~
59. Administrative Requirements for Grants, 24 C.F.R. Part 85;
60. Section 102 of the Department of Housing and Vrban
Development Reform Act of 1989 and 24 C.F.R. Part 12.
18
ATTACHMENT C
RECORDKEEPING
N/A
Contract Revised: 4/6/2010
19
Attachment D
Reports
The following reports must be completed and submitted to the Department in the time frame indicated. Failure to
timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October
15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the
reporting period, the form must indicate "no activity'~.
2. A C~uarterly Progress Report must be submitted to the Department on the last day of the month on the
report form provided by the Department.
3. The Administrative Closeout Package must be submitted to the Department forty-five (45) days after the
Agreement termination date.
4 In accordance with OMB Circular A-I33, revised, should the Recipient meet the threshold for submission
of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A-133 and
submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. If the
Recipient did not meet the audit threshold, a certification must be provided to the Department no later than nine (9)
months from the end of the Recipient's fiscal year.
5. The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually.
The form must be used to report annual accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet Section 3 requirements.
6. Request for Funds must be completed on the Department's Request for Funds form and submitted in a pdf
format via enlail by an authorized signatory. Requests for Funds received via email will only be accepted from an
email address that is reflected on the Signature Authority form. The Request for Funds must be submitted to the
following departmental email address:disasterrecoverv@dca.state.fl.us
Contract Re~vised: 4/6/2010
20
Contract Re:vised: 4/6/2010
A TT ACHMENT E
JUSTIFICA TION OF ADVANCE PAYMENT
N/A
21
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procureml~nt transactions shall be done in a manner to provide open and free competition. The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procuremen ts. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rej ected when it is in the Recipient's interest to do so.
Contract Re:vised: 4/6/2010
22
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Ho urs
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,
but ordinarily shall mean normal business hours of8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
Contract Rt~vised: 4/6/2010
23
Attachment G
Subcontrac1tor Covered Transactions
(1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this
docunllent, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) When~ the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
(Sub-Contractor' s Name)
(Recipient's Name)
Date:
(Authorized Signature)
(Print Name and Title)
lO-DB-K4-11-54-02-K24
(DCA Contract Number)
(Street Addf(~ss)
(City, State, Zjp)
Contract Rlevised: 4/6/2010
24
Contract Re:vised: 4/6/2010
ATTACHMENT H
STATEMENT OF ASSURANCES
N/A
25
Contract Re:vised: 4/6/2010
A TT ACHMENT I
ACTIVITY WORK PLANS
26
~r~
s: -~
o .~
CD
,....
::::::r
Q)
~
o
~
CD -~
Q) t~
o -~
,.... -~
<'
~
3
Q) en
'< c=
0- CT
CD :3
:" ;::;.:
n.;o _
a.~g ~
CD c= ~
0. =;' CD
"C ~~ Sl
~;o 0'
~<10 ~
3..., ~~ ~
;~ ~
(J') ,....
en QJ
c: n
CT 0
:~ ..,
~ ~
~ ~
c: 3
(1) Q)
U) ~
r-+ 0
cf' CD
~~ ::u
c: CD
=J <
C1. ffi '
U) ~
en
"i -EI:'
CD o~
:::= _C)
)> C)
C C)
(C ~)
f\.) c>
o C)
o
~
~
~
-30.
-30.
f\.)
"""'
-30.
-30.
o 5"
c5 {g
o CD
5' Sl
~ c5"
~
"""'
(')
o
:J
.-+
QJ
~
o
...,
~
-30.
-30.
~
""-
-30.
-30.
-0
CD
~
3 ::0
Q) ~
5 C
CD ~r
;0 0-
~ ::0
ffi' ~
~ 0
~ ~
C ""-
0" ::0
3 ~
;::;.: c:
CD
en
,....
cr
...,
."
c:
~
0-
en
;0
~
c:
CD
en
.-+
cr
..,
"
C
:J
0-
00
~ ~
~ -l.
c.n c.n
o 0
o 0
o 0
o 0
o 0
o 0
~
-30.
c.n
o
o
o
o
o
~~
-30. -30.
~ 0
f\.)
""-
~
~
w f\.)
""- ""-
~ -30.
-30. -""
CD
~
:]'
()
o
:J
en
,....
...,
C
o
,....
c)'
:J
~ ~
0) :J
a g-
O) 0
:J .-+
a. ~
Z I
o 0-
ff a:
CD 0
,.... 0
o :J
-0 nr
.., CD
o ::J
o 0
CD CD
CD en
0- """'
CD
a
0)
:::s
0-
~
0)
a
en
""-
("')
o
:J
.-+
nl
o
.-+
en
C
0-
3
;::;.:
~
t::::
-30.
o
;0-0
CD CD
ig-c
;:l.~
~CD
;os:
~."
c~
CD 0
!e.*
~
...,~
." :].
cm
:J I
o-c
en-c
en
"""'
CD
a
o
o
o
C
3
CD
:J
.-+
~
(')
o
~
or
:::s
o
CD
~
-.~
"""'
-30.
o
~
""-
-30.
-30.
CJ)
C
c-
3
;::;.:
3:
o
:J
,....
::::::r
R
g> ::0
0" ~
3 0
;::;.: ;:a..
s: en
o
:::s
.-+
::::::r
~
is
C
0)
;:a..
CD
..,
~
~
c.n
o
O'
o
9
o
o
o
~
""-
~
o
-30.
f\.)
"""'
-30.
o
o -0
- 0'"
~
o g
~. CD
s: 0
C m
;:::; cO .
~ :J
Q) en
3 CD
~ <
o ~.
m ..~
cO'
:::s
o
~
""-
-""
o
~
~
""'"
-30.
o
'1J
..,
~
0)
CD
CJ)
."
~
o
~
~
..,
;::;.:
CD
I
C
- ~
:J
;::;.:
iir
m
s:
C
;:;:
T'
."
Q)
3
~
o
CD
en
cO'
:J
~
""'"
-30.
o
o
<0
""'"
-30.
o
CJ)
C
0'"
3
;::;.:
s:
o
:J
,....
::::::r
~
o
C
0)
~
..,
k
::u
""'" ~
CD 0
Ci ~
~ :x;
o ~
C c:
3 CD
CD en
:J ,....
f! 0'
::u ..,
~ ~
C :J
CD 0-
en en
,....
0'
..,
."
c
:J
0-
en
~ ~
0'1 CJ1
o ..0
'0 0
o 0
o 9
o 0
o 0
o
~I
""'"
~
o
o
<0
"""'
~
o
~
-30.
01
o
o
9
o
o
000
VI -U~ '-II
""'" ""- ""'"
-30. -30. -30.
000
000
(0 (0 ())
""'" ""- ""'"
-30. -"" -""
000
0: en
CD ~
:J c)"
~ ..;::;.:
en ::u ::u
~. ~ ~
CD ffi' C
"""' ~ CD
3 Q) !e.
~ 5. 0'
T' ...,
nr~
3 ~
~ 0
""'" <
CD co
~- ~
~
::::::r c)"
o Q)
c: :J
en ro+
~.
&
g
;::;.:
ffi'
en
rc
..,
~,
CD
o
ro+
o
o
Q)
,....
0'
:J
en
0-
o
o
C
3
co
:J
,....
Q)
,....
c,-
:::s
.-.0
~~~
w ~ '11
Q);aen
~::::::r,.....
S(o~
'-'0
,<30)
coO"'"
0) :::s CD
..,gm
'-' :::s
Qoo-
en
c:
0-
3
;::;.:
o
CD
en
o
...,
CT
CD
""0
a
-c
o
en
CD
a.
)>
,.... 0
o !:!:
o-()o
CD - ::l
CD,.....
en 0) 0
cQJO"
O":::sCD
3 0
-'CD c
ffi=o5.
0.0 CD
0-0;4-
,<CO)
.. 3 ~
CCDCD
0) :::s :::s
""''''''0
CD Q) ..,
ma:(')
:J ::l 0
a. ::l
::: ,....
QJ
o
,....
::0
CD
m
0)
en
CD
o
-h
."
C
:::s
0-
en
Q)
:::J
0-
m
:::J
<
a'
::l
3
CD
:::J
,....
~
(')
o
:J
0-
;::;.:
cr
:::s
en
en
-c
CD
o
~
(')
o
~
a.
;::;.:
0'
::l
0- 0 =It
,<0
m =3 o-~
::l 0 ~ CD ;::;.:
0;Q)!a en
r+ CD r+
CD 0- 0
'1J
P"t'"::U ..,
\oJ CD 0
m '< ..c r+-C
:J =cOo
o-OcoO'"~
:::0) en CD a.
rom ~
a. ~
-En
..~
o
o
9
o
o
::0 )>
=(0 a.
0..0 ~ 3 ~
a C {J}:]' 0
CD CD r+ -,-c
!a. 0 !a. 0
mCD o-QJ en
5.a.co!:t:~
::: 0- 0
'< ~
0;;0
om
~~
-1--
::0:2
)>m
OZ
-f-l
Z
9
-"S;:
00
CJ:J
OJ""
I 0
"(1)
~(")
-"0
~c:
I :J
01.....
~'<
I
o
I\.)
~
~
-00
::0)>
0-1
c..m
m-a
0;;0
-1m
m-a
C:)>
c;;o
G)m
mC
-I
~
1\.))>
"-0
~...,
(X)=:
..(x) I\.)
CO-...J
0')"
WI\.)
o
~
o
o
m
."
)>
::0
-I
!:
m
z
-I
o
."
o
o
i:
i:
."c
;:az
0-
t..~
m)>
O-n
-I."
~~
:;:a en
"en
-ai:
!j;:I>
zl=
o
3
m
en
o
c
OJ
G)
."
;:a
o
G)
:;u
)>
:s::
>
t-3
t-3
>
CJ
~
t%j
Z
t-3
H
~
~
~
--.... ......... 0...;;;... 0.,;,;;,.. ........ ""- ......... TV ru
~ -1. -1. -1. ~ ~ ~ ......... .........
N N N I\.) N N N ~ ~
~ ~
~ .01 ~ ~ ~ W N -10. N
......... ......... ......... ......... ......... ......... ......... ......... .........
~ ~ ~ ~ -10. ~ ~ -10. -1.
N I\.) N N N N N N N
(J) '1J " en 0 (J) 0 (J) 0
C CD :5' c :J C :J C :J
C'" ~ C'" ~ C'" cg C'" ~.
3 -g N' 3 3 3
;::+ CD CD ;::+ 5' ;::;: :i" ;::+ :J
6: (') ::0 c.c ::0 to ::u co
'1J ~ - ~ - ~ -
3 ~ 0 :J :J :J
:J ~ en en
:i" ,.... c c i c
Cii" 3' m ai' CD ~. ai' CD
:5" 0 0 U 0
,.... c.. ,.... c.. c.. ,....
Ql m 1'+ c5" c,- c,-
0 ::0 ::0 ::0
,.... ~ ..., :J :J :J
<' '1J CD ......... CD ......... CD .........
CD () ~ () -g () '8 ()
() 0- ~ 0 0 0
;+ :J ;+ :J ~ :::J
0 en 3 en 1'+ en ,.... ,....
CD CD ....... Ql ....... Ql ....... OJ
en I ::0 ::0 :::0
CD 0 :J 0 0 0
I (it ~ ,.... ~ ,.... ~ ,....
0 c: 0 0 0
,.... 0' c: ..., ..., ...,
c 0 CD '1J CD '1J CD '1J
,.... ...,
0 (J) (J) CD en CD en CD
0 1'+ 8' ,.... 8' r-+ 8'
c :r 0' 0' 0'
3 c.c ... ..., ..., ..., ..., ...,
CD CD II 3 II 3 " 3
:J C m c m c m
r-+ m :J :J :J :J :J :J
en :J c.. 0 0- 0 0- 0
0- en CD en (1) en CD
s: ::0 ::0 ::0
c CD CD CD
;::;: < < <
... m' ~. ~.
'TI ~
m en en en
~.
~
'1J
...,
~.
CD
U
en
-(:h -(:h
~ 01
N 0
m _0
~ 0
N 0
W 0
0 0
0 0
{f) ~
~ ~
0 _01
~ 0
~ 0
0 9
0 0
0 0
>
~
~
>
n
~
t%j
z
~
H
Attachment J: Program and Special Conditions
1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed
Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date
of this Agreement, the Recipient shall complete the following:
a. Comply with procedures set forth in 24 C.F .R. Part 58, Environmental Review Procedure for Title
I Community Development Block Grant Programs and 40 C.F .R. Section 1500-1508, National
Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction
of the Department, the Department will issue a Release of Funds.
b. Submit to the Department copies of all required policies and procedures that have been adopted by
the local government but were not provided at the time of original Application. Also, unless
submitted with the grant application, submit an executed copy of the required inter-local
Agreement if more than one local government will receive funding under this contract.
c. The documentation required in paragraph 2 below for any professional services contract
associated with activi ties funded under this grant.
2. F or each procured and executed professional services contract for which Disaster funding will be
requ~sted, or within five (5) days of the execution of any yet to be procured professional services for
which Disaster funding will be requested, submit a gmy of the procurement documents listed below. The
recipient proceeds at it's o,vn risk if it incurs or expends any funds for a professional services contract
before the Department reviews and approves the procurement.
a. Public notice of the terms of the request for proposals in a newspaper of regional circulation,
including affidavit of publication;
b. List of entities to whom a notification of the request for proposals was provided by email, V.S
mail or by fax;
c. List of firms that submitted a proposal (only if short-listing procedure was used);
d. Completed short-listing evaluation / ranking forms, including any ranking summary document,
and document transmitting the short-listed firms to the commission (only if short-listing procedure
used);
e. Completed final evaluation / ranking forms;
f. Portion of commission minutes dealing with contract award;
g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information
was not submitted with proposals);
h. Contract (signed or proposed);
i. Truth-in-Negotiation certification (ifnot in the contract) for engineering contracts over $150,000;
j. If a protest was filed, a copy .ofthe protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one firm was
considered and the contract exceeds $25,000;
1. If a regional planning council or local government is performing the services, submit only a copy
of the contract and cost analysis information.
Contract Re:vised: 4/6/2010
27
3 The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single
proposal procurement action \vithout prior \vritten approval from the Department. Failure to secure the
prior written approval shall relieve the Department of any obligation to fund the said procurement contract,
including any payments previously made. If professional services procurement will not be undertaken,
advise the Depart ment.
4. For any activity that requires construction plans and specifications prepared by an engineer or architect:
a. Provide to the Department a copy of all engineering specifications and construction plans. The
Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid
documents for all services and/or materials to provide those services and/or materials for all
construction activities when the bids are expected to exceed $25,000. These submissions are for
the limited purpose of identifying the extent of the activities to be accomplished with Disaster
funds under this Agreement, and inclusion of program requirements, and in no way does it
indicate that the Department has conducted a technical review of, or approved the plans or other
bidding documents;
b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid
packages until the Department has provided to the Recipient, written acceptance of the
engineering specifications, construction plans, and bid documents; and
c. In any service area which requires construction plans and specifications prepared by an engineer
or architect, no more than twenty-five percent (25%) of the grant administration amount allocable
to that service area may be requested until the construction plans and specifications for that service
area have been received for review by the Department. For the purpose of this condition, the
allocable grant administration amount for each service area is calculated by first determining each
service area's percentage of total project costs, excluding administrative costs, and then
multiplying the service area's percentage of total project costs by the total administrative budget.
This calculation results in a percentage of total administrative costs per service area based on each
service areas percentage of the grants total project costs, excluding administrative costs.
5. Any procurement which requires public notice in a newspaper (except as otherwise provided for in this
contract) shall be published in a daily newspaper of general circulation in a nearby Office of Management
and :Budget (OMB) designated metropolitan statistical area (MSA). Alternatively, a local government may
substitute such notice with a combination of local newspaper publication and mailed announcements to
potential bidders, which generates at least three responsible and responsive bids or proposals. Such
publication and/or mailing shall allow at least 12 days for receipt of the proposals or bids.
a. The Department must provide written permission prior to the local government awarding any
contract exceeding $25,000 procured as a result of inadequate competition, a sole source or
noncompetitive procurement. For contracts below $25,000, the local government's files must
document the justification for such noncompetitive procurement which complies with 24 C.F .R.
85 .36(b)( 4).
b. All contracts for professional services shall conform to the following:
i. Any Request for Proposals which includes more than one service shall provide that:
Proposals may be submitted for one or more of the services; qualifications and proposals
shall be separately stated for each service; The evaluation of the proposals shall be
separate for each se~vice.
ii. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each
proposal, ranking or comparing each proposal to the criteria in the published Request for
Proposals. Based on those criteria, the written evaluation will document why the
successful proposal was selected.
-iii. A separate professional services contract must be procured and executed between the
local government and any professional services consultant for each particular CDBG
subgrant and each service. Each advertisement for procurement of CDBG professional
Contract Rt~vised: 4/6/2010 28
services, except for subgrant application preparation, must identifY either the CDBG
subgrant cycle by federal fiscal year or the CDBG subgrant cycle by federal fiscal year or
the CDBG subgrant agreement to which it is app licable.
iv. Each professional services contract must reference the CDBG subgrant agreement to
which it is applicable.
c. If CDBG and other sources of funding are being jointly used to fund activities under a single
contract, the activities to be paid for with CDBG funds must be shown separately in the bid
proposal so that the CDBG activities and the amount of the contract to be paid from CDBG funds
are identifiable.
d. If, after applying any specified deductive alternates, construction bids exceed available funds, the
local government shall not negotiate with the low bidder unless there is only one bidder or all
bidders are allowed to submit revised bids for the revised project.
e. If the construction cost can be reduced by deleting entire line items or reducing quantities based on
unit prices identified in the bid, the effect of such deletions or reductions on all bidders' prices
shall be determined. Contract award shall be made to the low, responsive and responsible bidder
for the revised proj ect.
f. All contracts in excess of $100,000 covered by Section 3 regulations shall contain the language
required in 24 C.F .R. 135.38.
6. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA), as amended, and:
a. Disaster funds will not be used for the cost of acquisition, the Recipient shall document
completion of the acquisition by submitting all documentation required for a desk monitoring of
the acquisition, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable.
The documentation shall be submitted within 45 days of acquiring the property and prior to
advertising for construction bids for any activity that required the acquisition.
b. Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of
all pre-acquisition activities by submitting all documentation required for a desk monitoring of
those activities, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver
of rights (for donations), and estimated settlement costs, as applicable. The documentation
shall be submitted to the Department for review prior to closing on the property. A copy of
the final statement of settlement costs and a copy of recorded deed, with any required deed
restrictions, shall be submitted within 45 days of the acquisition.
7. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the
Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any
portion of the cost of the acquisition exceeding Fair Market Value as established in the Housing and
Urban Development (HUD) Handbook 1378 shall not be paid with Disaster funds. Furthermore, if grant
funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or
disposition shall be met.
8. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub-
grant period.
Contract Revised: 4/6/2010
29
9. No payment from the Department shall be for an amount less than $5,000, unless it is a local governtnenfs
final request for funds. Additionally, all fu-nds requested from the department must be expended within 3
days of receipt.
10. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially
or vvholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall
document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat.
(1995) to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be
provided at least one year prior to the anticipated avail ability of the system.) Special assessments or impact
fees cannot be charged to households that are to be hooked-up to a water or sewage system.
11. The maximum percentage of subgrant funds allowed for architectural and engineering costs shall be
based on the subgrant activities which require architectural design and engineering and shall not exceed
the Ftural Development (RD) Rural Utility Service (RUS) fee schedule (F orm RD 1942-19) in Florida RUS
Bulletin 1780-9, which can be obtained from the Department, and which is incorporated herein by
reference.
a. If more than one design professional is needed for an activity or activities (e.g., a landscape
architect in addition to an engineer for sidewalk construction in a Commercial Revitalization
project), the local government shall not exceed the appropriate RD/RUS fee curve for each
activity covered by each design professional negotiated separately. For projects involving both
Table I and II activities, engineering costs shall be pro-rated appropriately. The Department will
not fund or reimburse costs of engineering activities that are not eligible under the Rural Utilities
Service (RUS) fee schedule or those costs that exceed the RUS rates.
12. The Recipient, by executing this Agreement, certifies that program income received and retained by the
local government before closeout of the grant will be used to continue grant activities in compliance with
all applicable requirements of 25 C.F .R. Section 570.489( e). The amount of program income earned and
expended must be reported to the Department on a quarterly basis.
13. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24
C.F.Ft. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof
from the effective date of the contract to the date of submission of the administrative closeout.
14. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This
restriction shall limit the use of that real property or facility to the use stated in the Application and that title
shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the
Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property
shall be in accordance with 24 C.F .R. Section 85.31. Any future change of use shall be in accordance
with 24 C.F .R. Section 570.489(j).
15. The R.ecipient shall conduct all public hearings relating to this Agreement and performance hereunder in
a location that is accessible to physically handicapped persons or make such accommodations as
necessary to provide for active participation of handicapped persons desirous of attending such public
hearings.
16. All almendments to the activities contained in the application, including proposed new activities must be
approved by the Department in writing prior to the date of initiation of that activity or the execution of any
contract with any third party relating to such activity. The Department reserves the right to require that
an activity meeting the Low to Moderate Income (LMI) national objective be replaced with another activity
meeting the LMI national objective if the original activity can not be completed.
17. All requests for subgrant amendments shall include the following written documentation for review by the
Department:
Contract Revised: 4/6/2010
30
a. A cover letter signed by the Chief Elected Official or his or her designee which describes the need
for the proposed changes and their effect upon the approved project.
b. All application forms that would be changed by the proposed amendment.
c. If applicable, a revised activity work plan; a revised budget showing the current and amended
budget; If there is a change in activity location, a legible map which indicates the proposed
change.
d. If applicable, a copy of the minutes of the meeting of the Citizen's Advisory Task Force (CA TF)
when the proposed amendment was reviewed.
e. If applicable, a copy of the public notice of the public notice for the public hearing at which the
amendment was approved.
f. Signature of the Chief Elected Official on Modification Form DCA 07.02.
g. The amendment must be received by the Department at least 45 days prior to the end of the
subgrant agreement. If the amendment is extending the subgrant agreement period, it must be
received by the Department at least 90 days prior to the end of the subgrant agreement.
h. If the local government requests administrative closeout prior to the termination date of the
subgrant agreement, any amendment affecting closeout and requiring Department approval must
be included with the closeout.
i. Any proposed amendment extending the termination date of the subgrant agreement must be
approved by the Department. The local government must explain any delay affecting project
completion and must justify the need for the extension.
18. The Recipient shall comply with the historic preservation requirements of 24 C.F .R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
and 'with all other environmental regulatory requirements.
19. Con:f1icts of interest relating to procurement shall be addressed pursuant to 24 C.F .R. Section 570.489(g).
Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to
beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived,
shall be addressed pursuant to 24 C.F .R. Section 570.489(h).
20. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate
and ready comparison between the expenditures and the contracted budget line items by service area
contracted activity as defined on Attachment A, Budget and Scope of Work, and on Attachment I, Activity
Work Plans.
21. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upOI).
completion by a licensed professional as meeting the specifications of the design, as may have been
amended by change orders. The date of completion of construction shall be noted as part of the
certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certification shall be submitted with the administrative closeout package.
22. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any
activity in the application, the local government shall provide information necessary to establish eligibility
for the activity under the Disaster Recovery initiative program requirements or replace the activity with a
new activity meeting program requirements.
23. Following demolition of a structure on private property, the local government shall place a lien against the
real property for the cost of demolition. If the lien is not recorded against the real property, then the
demolition cost is not an eligible co~t under the grant. A lien is not required when the demolition is
needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be
maintained in the project files. When the lien is paid, the funds shall be treated as program income in
accordance with CDBG regulations in 24 CFR 570.
,
24. For any activity performed as an "urgent need," the project files shall document that the activity meets the
requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these
disaster recovery funds, the ~'threat to health or welfare" portion of the requirements may be established in
Contract Revised: 4/6/2010 31
the context of the 2008 hurricane season damage. The Recipient must submit an appropriate and properly
conlpleted National Objective Form, including attachments; to the Department for review and approval
befC)re funds may be drawn down to implement those activities. A copy of the approved National
Objective Form must be maintained in the sub-grant file.
25. If grant funds are used for the "slum and blight" national objective, the Recipient lTIUst submit a National
Objective Form, including attachments, to the Department for review and approval before funds may be
dra~Nn down to implement those activities. Before approval, the project files must document that the
activity took place in an area officially designated as ~'slum" or "blighted" and meets HUD requirements
for ';'SIUlTI and blight" on an area basis, or "SIUlTI and blight" on a "spot blight" basis. A copy of the
approved National Objective form must be maintained in the sub-grant file.
26. For activities where hookups or connections are required as a condition for beneficiary access to a Disaster
Recovery funded public improvement, no hookup or connection fees shall be charged to very- low, low
or nloderate-income beneficiaries.
27. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and
Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its
DBR.A tracking and reporting requirements to HUD for these funds:
a. Obtain a wage decision from the Department using its Wage Decision Request form or a
similar document with the same information; and
b. Prior to awarding the construction contract, submit the Bidding Information and
Contractor Eligibility form, or document with the same information, and obtain the Department's
confirmation that the contractor is not excluded from participation in federally funded projects.
28. Pursuant to the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no
activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA,
eligible for Small Business Administration assistance, insurance, or any other program or sources. The
Recipient's project files shall document how compliance with this prohibition on duplication of benefits
was determined for each activity, including sub-recipients and, for housing or other direct benefit activity,
individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means
may require repayment of duplication of benefit funds.
29. Before expending disaster recovery funds for housing rehabilitation projects, the recipient must receive
prior written approval of release of funds and the file shall document damage by the applicable 2008
storrn.
30. Recipients of these Disaster Recovery funds are responsible for management of all subrecipients vendors
and contractors that will receive funding from this grant or will assist the Recipient in carrying out the
activities funded under this grant. Recipients must take steps to ensure compliance with applicable Federal
and State rules and regulations. The Recipient's monitoring must cover each program, function or activity.
Site visits and any necessary review of files should be undertaken on a regular basis to ensure that projects
are being carried out in a timely manner and that they comply with required rules and regulations.
Recipients must report on the subrecipient, vendor and contractor progress on a quarterly basis using the
Department's Quarterly Status Report developed specifically for this Disaster Recovery funding.
Recipients are encouraged to develop written procedures and checklists for accomplishing such monitoring.
During on-site visits, the Department may request documentation that reviews of subrecipients or
contracted work has been monitored on a regular basis.
31. Definitions:
a. Administrative Costs - Administrative cost means the payment of all reasonable costs of
management, coordination, monitoring, and evaluation, and similar costs and carrying charges,
related to the planning and execution of community development activities, which are funded in
Contract Rf~vised: 4/6/2010 32
whole or in part under the Florida Community Development Block Grant Disaster Recovery
Program. Administrative costs for the 2008 Disaster Action Plan are 2.5% of the total grant
award. Activity delivery cost means a cost, except engineering, that can be directly associated
with, and is required for, performing a specific activity. Activity deli very costs are charged to the
activity line item. Engineering costs shall be charged to the engineering line item and has a
separate limit. Activity delivery cost is a maximum of 5% for infrastructure and a maximum of
12% for housing activities.
b. Architectural and Engineering Services - Basic services required to be performed by an
architect or engineer licensed by the State of Florida including prelim inary engineering, design
services and services during construction except for the following:
i. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and
other similar special surveys as may be required, such as route surveys.
ii. Laboratory test, well tests, borings, specialized geological soils, hydraulic or other studies
recommended by the engineer.
iii. Property surveys, detailed description of sites, maps, drawings, or estimates related to
them, assistance in negotiating for land and easement rights.
iv. Necessary data and filing maps for water rights.
v. Redesigns ordered by the owner after final plans have been accepted by the owner and
the local government, except redesigns to reduce the project cost to within the funds
available.
vi. Appearance before courts or boards on matters of litigation or hearings related to the
project.
vii. Preparation of environment assessments or environmental impact statements
viii. Performance of detailed staking necessary for construction of the project in excess of the
control skating.
ix. Provision of the operation and maintenance manual for facilities.
x. Activities required for obtaining state and federal regulatory agency construction permits.
xi. Design of hookups.
xii. Cost of engineering specialties such as electrical; hydro geological services; biologists;
and heating, ventilation, and air conditioning (HV AC).
c. Authorized Signature - the original signature of the Chief Elected Official or the signature of
a person who is designated by charter, resolution, code, ordinance or other official action of the
local government to sign Disaster Recovery related documents. If a signature other than the Chief
Elected Official is submitted, a copy of that designation must accompany that signature.
d. Direct Benefit - CDBG assistance that promotes or enhances individual well-being including
housing rehabilitation, sewer and water hookups, or job creation by a Participating Party.
Activities that only meet a national objective through an area-wide determination do not confer
direct benefit.
e. Job Creation Location - is the geographic location within the project area where job creation
activities of the Participating Party and expenditure of non-public funds will occur. This excludes
any locations where public funds from any source are being expended for local government-owed
infrastructure, local government owned public facilities or within public easements or rights-of-
way.
f. Jobs Created - means permanent jobs which were not in existence in the State of Florida prior to
the provision of the disaster assistance and which would not be created without CDBG
Disaster Reco very assistance. In cases \vhere an employer both creates and eliminates jobs, "jobs _
created" means the difference between the new jobs -created and the old jobs eliminated.
g. Jobs Permanent - a full-time position or a full-time equivalent position (2,000 hours annually) as
set forth in the application which is necessary to the overall goals and objectives of a business and
Contract Re:vised: 4/6/2010
33
\vhich has no known end, and which will be maintained by the Pal1icipating Party for a o1inimum
of one year from natural conditions or as otherwise clarified in 24 C.F .R. 570.483(b)( 4).
h. Jobs Retained - a permanent position which, without CDBO Disaster Recovery assistance,
would be abolished by layoffs, plant closing, or other severe economic or natural conditions or as
otherwise clarified in 24 C.F .R. 570.483(b)( 4).
i. Jurisdiction - is the corporate limits of a local government or the area over which it has zoning
authority.
Liquidated Damages - funds paid to a local government by a contractor, vendor, or any other
party pursuant to a pursuant to a CDBO-funded contract when such payment is triggered by
nonperformance or failure to perform on their part. This definition is applicable whether such
funds are withheld by the local government or repaid or rebated to the local government by the
contractor, vendor or third party.
k. Public Notice - defined as an advertisement published in a local newspaper of general circulation
at least five days, and no more than 20 days, prior to the event for which the notice was placed.
of the time perio d shall not include the date of publication of the notice.
1. Section 3 - refers to Section 3 of the Housing and Community Development Act of 1968, as
amended, as effective on 5-23-06, and 24 C.F .R. Part 135, as effective on 5-23-06, relating to
employment and other economic opportunities for lower income persons.
m. Service Area - total geographic area to be served by a sugbrant-funded activity, where at least 51
percent of the residents are low and moderate income persons. A service area will encompass all
beneficiaries who are reasonably served or would be reasonably served by an activity.
32. An applicant may propose activities in other eligible jurisdictions as long as the applicant includes an
executed Interlocal Agreement with their application which:
i. Includes as parties all local governments whose jurisdictions are included in the project
and/or service area(s);
ii. Authorizes the applicant to undertake the activities in all jurisdictions included in the
interlocal agreement; and
iii. Affirms that all activities are consistent with each local government's comprehensive
plan and provides documentation which includes applicable excerpts of each local
government's comprehensive plan in the supporting documentation section of the
application
33. When two jurisdictions apply for funding for a joint project supported by two subgrants, an interlocal
agreement must be included in each application that indicates that the jurisdictions have agreed upon a
service area, how the funding under each subgrant will be expended, and evidence that each subgrant
will lmeet the LMI national objective.
34. Documenting LMI Benefit and National Objective:
a. HUD Census Data - LMI benefit may be documented by using HUD-provided Census Data
where the service area geographically corresponds with block groups, census tracts, or local
government geographical limits. A sample-based survey of the beneficiaries must utilize the
"Income Verification Form," Form 28.06, which must correspond with the random sampling
requirements established by HUD in Notice CPD-05-06, as effective on 5-23-06.
i. The survey process must verify eligibility of any proposed direct benefit activities; certify
the number of projected very low, low and moderate income households and
beneficiaries, and the total number of beneficiaries.
Contract Revised: 4/6/2010
34
ii. Where the sample-based survey results substantially overstate the proportion of persons
\vith lo\v or moderate income in a service area, the Department will require the local
government to provide supporting evidence which substantiates the survey data. If the
survey results are found to be inaccurate, the application shall be rejected.
iii. For surveys of service areas under 50 households, all households must be surveyed. Any
non-responding household must be assumed to be above low and moderate income. The
number of household members for non-responding households may be verified through
third parties.
iv. For activities where hookups or connections are required for beneficiary access to the
public improvement, low and moderate income benefit shall be determined by the
number of low and moderate income persons in households connected to and able to use
the water, sewer or there infrastructure at the time of administrative closeout.
35. The applicant shall adopt and implement procedures to fulfill regulatory and statutory requirements
relating to Lead-Based Paint pursuant to 24 C.F.R. 570.487, 24 C.F.R. Part 35, and Section 302 of the
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4822 et seq.). The applicant is required
to:
a. Prohibit use of lead-based paint;
b. Notify potential beneficiaries of the hazards of lead-based paint;
c. Inspect properties prior to initiating rehabilitation to determine if lead-based paint is present;
d. Take any necessary actions to ensure the protection of workers and occupants during abatement;
e. Ensure that proper cleanup and disposal procedures are used; and
f. Retain records of enforcement and monitoring for at least three years.
36. At the time of submission of the closeout report, the local government must have available documentation
which verifies its certification that all construction has been completed, inspected and approved by all
parties prior to the subgrant agreement end date and submission of the administrative closeout. Upon
completion of the activities contained in the local government's Disaster Recovery CDBG subgrant
agrel~ment, including any amendments, the local government shall submit to the Department a closeout
which, at a minimum, gives the final statement of costs, certifies that the project and all non-administrative
activities are completed and accepted, that all costs except those reflected on the closeout, and reflected
on an enclosed final request for funds, and reports demographics of the program's beneficiaries.
37. Liquidated damages, rebates, refunds, or any other "non-program income" funds received shall be used
to conduct additional eligible CDBG activities or returned to the Department. Additional direct and
quantifiable costs (Le., legal fees, court costs, engineering fees or administrative fees) generated by the
incident creating the liquidated dames may be deducted from the total liquidated damages prior to
undertaking additional activities or returning funds to the Department. Use of the funds for additional
eligible Disaster Recovery CDBG activities must be preceded by an amendment to the contract detailing
their use.
Contract Revised: 4/6/2010
35
ATTACHMENT J
Grant Specific Special Conditions (If Applicable)
1. If necessary, the Recipient shall retain sufficient administrative funds to ensure Internet access, including
email, for the duration of the contract, including any time extensions. If the Reci pient does not already
have a computer designated to the person responsible for grant oversight, which is located in the program
office and capable of Internet access, administrative funds may be used as needed to obtain, at reasonable
cost, a computer to allow Internet access.
2. In order to meet the State mandated 14% Affordable Rental Housing set-aside, at any time within the term
of this Contract should Recipient be unable to utilize either a portion or all of their 14% Affordable Rental
Housing set-aside amount, the Department reserves the right to reallocate the percentage amount unutilized
to other Recipient(s).
3. Prior to submission of this contract for execution, recipient shall attach hereto a finalized Budget and Scope
of'Vork Summary and Budget and Scope of Work by Service Area Attachment(s) provided by the
Department (Attachment "A & A.1(s)").
4. The Subgrantee must adhere to the following guidelines regarding the use escrow accounts for Housing
Rehabilitation and cash-on-hand.
a. Disburse funds in a timely manner:
i. Time draws as close as possible to the date needed
ii. Payments must take place within three (3) business days of deposit
iii. If payment takes longer than three (3) business days, written justification must be
submitted to the Department and retained in the grantee's official files (this should not be
done on a routine basis).
b. Establish escrow accounts for Housing Rehabilitation:
i. Limited to paying actual rehabilitation costs
ii. Account must be interest-bearing and interest must be returned to the Department
iii. Must be spent as close to the day funds were received as possible
iv. Funds must be expended within 10 days
C. Cannot retain cash on hand:
5. HU[) regulations do not allow drawing funds in advance of need, but funds may be requested for a specific
purptOse when they can be expended with three (3) days. Grantees should anticipate necessary draws and
subrrLit requests for funds accordingly. It is very important that you begin immediately to make changes to
your program that will allow you to comply with HUD's guidance on escrow accounts and cash-on-hand.
If you request funds and, upon receipt of the funds, find that they cannot be disbursed within three (3) days,
you rnust return the funds to the Department.
In order to comply with federal requirements to avoid duplication of benefits, recipients of CDBG/DRP
funds may establish an escrow account to hold insurance proceeds or funds from other sources as
appropriate. In such instances, the escrow account is an appropriate tool to account for non-CDBG funds
and ttO ensure that non-CDGG funds are expended prior to the expenditure of CDBG funds
Contract Revised: 4/6/2010
36
Contract Re:vised: 4/6/2010
ATTACHMENT K
SIGNATURE AUTHORIZATION FORM
. .' . ' . . . . . . . : . : . : . : . :
.....................
: '.~ :: ~ . : . : . : -:. ',.
.:.... ..... '.:
.
~ ~ ~ ~ ~ ~: ) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.~
37
s.
",-
aG
",Z
Attachment K
Department of Community Affairs
Florida Small Citiies Community Development Block Grant, Disaster Recovery and Neighborhood Stabilization Programs
~-n:.~1VKJ: RU--..nutU~.--.~
. . .. . . . . . ' . . . . . . . . . . . ., . . , . - . . .. . . . . . . .. . . . . . . . . . . .. . .
I Reci pient
............?J!/?f!!!.(.f!!f!..gr.!.g!IJJ!!.?!9(!f!.t~!f~..~yt.lJqt!ty..FPtt!!...~!t.IJ...~?!~IJ...~qf!.t.r.~q~.
I Contract #
Funding Source
!
i.......!.19Q....K.~,D.~.~9.y...Pr..~Y..~........................................................................................................................................................................................................................................................................................................................J.............................................................................................
I City, State and Zip Code : Local Government DUNS #
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
1......K~y....Y:!..~~I.....f.~...~.~.919......................................................................,...............................................................................................................................................................,...................................................................................1......9?~.~.?~.??? .......................................................
! Project Contact Person I Telephone # i E-mail Address
I John O'Brien I 305-296-5621 i hsijob@aol.com
I......~.~.~.~~....~.~?~.~.~.:.~:.....................................................................................J.....~?~.~.~.~~.~.~.~.~.~........."........................"................"..........".............................1......~~?~.~.~.~.:~:.~.~.~.~.~.:.?~~.......................................................................................................................;
! Requests for Funds (RFFs) require (check one); [X] one signature [ ] two signatures of individuals authorized below.
! RFFs must be submitted via email in a pdf format from the email address of one of the individuals listed below. RFFs submitted
I from other email addresses will not be processed by the Department.
! [X] Check here if above person is authorized to submit RFFs I E-mail Address
I...............................................".....................................................................................................................................................................".........."..............1.....~~.~,~t~.9.~.~.~b~.~IQ.r.g.......:...........................................................................................................................................................................................................1
I Typed Name I Da~e I Si at
I Marie Brouilette I ~ I C>~ t ~C>\O ! .
I Typed Name j Date I Signature
.to .~
I I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
I Funds and to submit RFF's electronically.
i
! ~
I ..
!......~yJyt~....M.~.r.p.~.y......................................................................................................................................................................1........................................................................................1......................................................................................................................................... ....................................................................
I [X] Check here if your local government utilizes Electronic Funds Transfer (EFf) from the State of Florida.
! [ ] Check here if your local government will be working on a reimbursement basis.
! CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
I Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
. website: http://flair.dbf.state.fI.us/ .
I Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non-interest bearing account.
I Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
; i
;....................................................................................................................................................................................................................................................................................1............................................................................................................................................................................................................................... .............................................
i Street Address or Post Office Box I Telephone Number
I....................................................................................................................................................................................................................................................................................1............................ ................................................................................................................................. ............................................................................................................
City, State and Zip Code
CIVIL RIGHTS PROFILE (07.02)
RE--G!P-!E-N'T ~:
AAnnrn~ rnllnt\1
~-~~~--~~~7
CONTRACT NUMBER #10DB-K4-11-54-02-K24
DATE: Mav 4, 2010
DEMOGRAPHIC [)ATA
1. Total Number of Local Government Employees:
550
(Do NOT include constitutional officers)
2. Number of Employees who work on CDSG funded activities: -0-
3. Total Number lof Local Government Minority Employees:
136
(Do NOT include constitutional officers)
4. Number of Minority Employees who work on CDBG funded activities: -0-
5. Local Governnlent Population #
cities)
6. Local Governnlent Minority Population: (Counties do NOT include populations of incorporated cities) 7,438
31,826
(Counties do NOT include populations of incorporated
7. Local Governnlent Minority Population Percentage: (Counties do NOT include populations of incorporated
cities) 21 0/0
8. Percentage of Persons of Low and Moderate Income in the Local Government: 380/0
include populations of incorporated cities)
(Counties do NOT
For Neighborhood Revitalization and Commercial Revitalization Only
9. Service Area F.opulation:
10. Percentage of Persons of Low and Moderate Income in the Service Area:
To document civil rights compliance, this profile should be completed and returned to:
CDBG Program
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
visit.
Retain a file copy in
the event that a
CDBG grants monitor
wishes to review it
during a monitoring
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. ComDlete a form
for each activilil~ e](ceot Administration and Enaineerina. Submit civil riahts information with executed contract and
update upon completion of grant. -- -- --
1. Total Beneficiaries in Service Area:
Using project data on eligible individuals, enter number of individual beneficiaries in each population group
to be assisted.
2. LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of ind ividual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
3. Job Applic.ants:
Use job applicant information provided by the employer and enter number of ind ividual job applicants in
each population group to complete.
4, Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employee1s) holding jobs when final job creation requirements have been met.
5. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME:
Population 1. 2. 3. 4. 5.
Group T ota I LMI Job Employees Housing
Beneficiaries Beneficiaries Applicants Hired Beneficiaries
White/non
Hispanic
Black/non
Hispanic
Hispanic
Asian/Pacific
Islander
American Indian
/Alaskan Native
Hasidic Jews
Female Head of
Household
Elderly Head
of Household
Handicapped
:E
<C
tt:
C)
o
Q:
a.
C)
m
o
o
(f)
w
i=
(3
..Jz
~:5
:Ea.
(f)~
(f)Q:
Q:O
<t~
U-I-
U-o
<Cw
j::'
_0
zQ:
::)0.
:E
:E
o
o
LL
o
I-
Z
w
:E
I-
a::
<C
a.
w
o
o
~
o
N ("1')
.. (()
I'- 0)
N ai
== a)
'- ~t"
A...
<3:: C"'J
fl.
....
OW
We>
Q:C
<C::)
a.m
w ....
tt: ~)
a.w
w -)
1-0
<CD:
o o.
~t"
C"'~
~.
I
C"'J
C)
I
Z' ~t"
c: ~)
:J ~-
o ~-
() ~t"
Q) ~~
e al
c: Cl
o C)
~ ~..
C)
Z
I- 1--
Z c.;.
we(
ft~
~ 1--
OZ
we.
Q: c.;.
c: ~
o .0 ::
-o+:iO)-o-o
~~~*Jj
0. 'c ...., 0) 2
e :E~ :J co
Q. "1::."--<fiT7 "" W
~ ~ =
~
~ ~O)
-0 0) en ro ::
~.cO)o-g
00:J= W
c....., C" ~
o 0) .0
0: a::
o -0 0)
...., 0) ....,
2 'Q)ro=o
,- 0) c.. 0 c:
:5 .0 E ::~ w
~ 8.0
c:
o
+:i
:.c
c:
o
u
ro
'0
0)
0.
en
....,
u
~
...., ..
c: -0
o c: c:
uow
'- +:i 0)
os....,
c: c: ro
0)0)0
~ E =
ro:J~
tu.c
0)0-0
-OQO)
:50)~
0) g E
.oro.c
'- :J
o ro en
""'0)0)
au.c
,- 0
~ ....,
-0
0)
en
o
0.
e
a..
0)
.0
'C
U
en
0)
o
-g~
w;;'L:'
0) c: ro
....,00)
roE~
0'"-'
ffi~
...., ..c: """'
en...., Co
0) c: 0)
....,o~
ro E
Q'"-'
o
o
o
o
o
"'"
~
en
c:
o
+:i
:.c
c:
o
()
ro
....,
c:
0)
E
c:
o
'-
's
c:
W
'"C
c:
m
en
'"C
c:
:J
U.
~
o
0)
en
m
0)
Q)
a::
....,
u
,9l.
o
0.
en
0)
~
'0
~
C')
c:
...., , w
c: :J
m 0
u ..c:
~
0. ~
m c:
0) ~
~ ~
c. 'E
~ ~
'- '"C ~
~ c: S
...., m E
~ ~ ""-0)
:J Q)
g 'S g
0:: ~ 'w
....;- ~
:SJ c
(5 Q)
en :2
c:
o
+:i
ro
....,
c:
Q)
E
:J
U
o
-0
....,
'E
.0
:J
en
o 0 0
~ ~ ~
""- ""- ""-
co (J) (J)
000
o 0 0
~ ~ ~
""- ""- ""-
(0 (0 (0
o 0 0
~
"t:
Q)
t
m
:J
o
""-
~
:c
....,
'- c:
~ 0
...., en ~
~ ~ .~ 8. ~
:JQ) Q' en Q) .0
U. Q) 0:: :J
.2~~~CI)
...., c 'E ;;
en Q) m c:
Q) E u. 0
:J :J I ~
g U :.t:i ....,
0:: 0 :; 'E
""- Q ~ .0
~ -0 Q) :J
&. co m en
Q) ""- +:i
a:: ~ E
~ ::::>
'- I
Q) 2
t 'C
~ ~
o ~
~ 0
:5 ~
c: u.
o CJ)
~
...., ~
'E ~
~ ~
en a..
o
o
o
o
~
L.O
~
~
o 0
o 0
o 0
o 0
o 0_
o 0
L.O L.O
f:I7 f:I7
en
c:
o
+:i
m
u
.Q
en
-0
c:
:J
U.
o 0 0
~ ~ ~
""- ""- ""-
(J) (J) N
o 0 ~
o 0 0
~ ~ ~
""- ""- ""-
<0 "'" 0)
o 0 0
o
o
o
o
o
ci
L.O
f:I7
en
....,
c:
0)
E
:J
U
o
Q
-0
co
c: en
,QJ c.. en
U) ~ =?-g
~ Q 2:J
_~ 'C u..
'~ > '-
Q) 'E > ~
en m ~en
c: L+ 0Q)
,2'J E ~:J
en :J U. Q"Q)
~ ~ ~o::
~ ~ Q)en
:J .- ro t:
u & 0.&
e c: ~ Q)
a.. 0 a.. 0::
o
~
""-
N
~
~
~
""-
~
o
~
""-
0>
o
o
~
""-
N
~
0)
u
c:
m
~
E
o
u
....,
u
~
....,
c:
o
U
""-
en
~
m
~
'"C
C
m
'"C
(Ii
""- '"C
en 0)
0) 0)
g u
~ e
~ 0..
c 0
o ....,
u Q)
-0 ~
ii 0
I Z
~
0. -g
ts m
:J ~
-g m
8 ~
~ ~
~ ~
""- ""-
N ~
o 0
~ ~
""- ""-
N N
~ ~
o
o
o
o
0_
L.O
~
f:I7
o 0
o 0
o 0
o 0
0_ 0
o 0
L.O L.O
~ "'"
f:I7 f:I7
en
'"C
c:
:J
U.
'-
~
....,
en
0)
:::J ....,
g 'E
a:: .0
""- :::J
en (J)
t en
8. ~
Q) 'S;
0:: 0)
'"C a::
,~ 0)
:J g
g m
a:: E
~
0)
a..
....,
'E
.0
:J
en
'-
o
c '0
o ~
+:i ....,
U c:
:J 0
.b U
en ""-
c c
o 0
U ~
c: ~
'~ en
m E::
N ~
~ ~
""- ""-
N "'"
~ ~
~ ~
""- ""-
('t) v
en
"0
c:
:J
U.
'-
~
....,
en
0)
:J
g
a::
~
o
00
oN
00>
o:J
0<(
0:>
LOO)
"'"a::
f:I7 '"-'
en
~ en
0) "'0
'S c:
0) ~
0:: '-
0) ~
u ....,
c: en
m 0)
E :J
~ &
~ :!:
'- E
o .c
'0 :J
~ ~
+oJ en
c: t
8 a E
""- 0) J2
5 0:: '-
n '"C ~
~ .~ al
E g-g
0::0
~ +oJ,~
'a ~~
c: :J ~
o en ro
E
~
....,
'S
~ +:i
~ U
""- ro
~ 0)
c:
o
c::
ro
..c
....,
~
~
""-
N
~
~
~
""-,
ex::>
~
~ 0
~~
co OJ
....,
o
Z
o
o
o
o
o
o
o
o
~
N
--= -
1.0 0
~ ~
W W
0 0
0 0
0 M
0 N
0 f'..
0 CD
0 N
1.0 .,....
W W
~
Q)
'~
CL
~
U) U) U) 'E
CO
3= 3= 3= u..
Q) 0) 0) I
'S: 'S: '> E
0) 0) 0) ::]
0:: 0:: 0:: :!
0) U) 0) U) 0) U) "'C
0 -0 0 "'C 0 "'C c: U)
c: c: c: c: c: c: m +-'
m ::] CO ::] m ::] c:
E u.. E LL. E LL. 0) 0)
~ '- '- '- ~ ~ ~ E
.g ~ .g ~ .g ~ ::]
+-' +-' +-' en 0
0) U) 0) U) 0) U) 0
CL 0) CL 0) CL 0) ~ 0 +-'
~ ::]
~ ::] '- ::] '- ::] +-' 0
0 g 0 g 0 g U) ::]
+-' ....., +-' +-' 0 I
0 a:: 0 a:: 0 a:: c: I 0)
~ ~ ~ 0) U)
........ ........ ........ 0) 0
+-' U) +-' U) +-' U) E U)
c: -e c: -e c: 1:::= ~ 0 U
0 & 0 8- 0 8- u
u (.) l) Q)
-... Q) ........ 0) ........ 0) CL ~ >
c: 0:: c: 0:: c: 0:: ~ :;:;
0 0 0 0 m ~
~ -0 ~ "'C +:i "'C +-' c:
0 +-'
~ ~ 0 ~ ~ :~ U)
0)1 ~ ~ '2
~i '5 '5 'S +-'
U) " g U) g U) g c: ~ 'E
c: c: c: 0
- - - (,) CL "'C
~ 0:: ~ 0:: ~ 0:: <(
....., +-' +-' 0) ~ +-'
'0 'E 'a 'E '0 'E ,~ ~, 'E
~ ..0 ..0 ~ ..0 (ij ~ ..0
::] c: ::] ::] c: ::]
0 (J) 0 (J) 0 (J) u::: CL (J)
N N N N N N N N N
.,.... ~ .,.... .,.... ~ ~ .,.... ~ ~
........ ........ ........ ........ ........ ........ ........ ........ ........
N ~ N M ~ ~ ~ 1.0' f'..
~ ~ N N N N N N N
~ ~
........ ........ ~ ~ ~ ~ ~ ~ ~
N N ........ ........ ........ ........ ........ ........ ........
~ .,- ~ N M N N ~ 1.0
Appl ica ntlReci pient
Disclosure/Update Report
u.s. Department of Housing
and Urban Development
OMS Approval No, 2510-0011 (exp, 10/31/2012)
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
A IicantlReci ient Information Indicate whether this is an Initial Report [l] or an Update Report D
1. Applicant/Recipient Name, Address, and Phone (include area code): 2. Social Security Number or
Monroe County, 1100 Simonton Street Key West, Florida 33040 Employer 10 Number:
596-00-0749
3. HUO Program Name
Community Development Block Grant Disaster Recovery Initiative
4, Amount of HUO Assistance
Requested/Received
$2,488,963.00
5, State the name and location (street address, City and State) of the project or activity:
County-Wide Housing Activities
Part I Threshold Determinations
1 , Are you applying for assistance for a specific project or activity? These
terms do not include formula grants, such as public housing operating
subsidy or COSG block grants. (For further information see 24 CFR Sec.
4,3).
[{] Yes
D N10
2. Have you received or do you expect to receive assistance within the
jurisdiction of the Department (HUD) , involving the project or activity in
this application, in excess of $200,000 during this fiscal year (Oct. 1 -
Sep.30)? For further information, see 24 CFR Sec, 4,9
[{) Yes D No,
If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds.
Such assistance includes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment, credit, or tax benefit.
Department/State/Local Agency Name and Address Type of Assistance Amount Expected Uses of the Funds
Requested/Provided
(Note: Use Additional pages if necessary.)
Part III Interested Parties. You must disclose:
1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the
project or activity and
2. any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the
assistance (whichever is lower).
Alphabetical list of all persons with a reportable financial interest Social Security No. Type of Participation in Financial Interest in
in the project or activity (For individuals, give the last name first) or EmDloyee 10 No, Project! Activity Project/Activity ($ and Ok)
(Note: Use Additional pc.ges if necessary.)
Certification
Warning: If you knowin~rly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the
United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, including intentional non-
disclosure, is subject to c:ivil money penalty not to exceed $10,000 for each violation,
I certify that this informati:on is true and complete.
Signature:
x
I Date: (mmldd/yyyy)
Form HUD-2880 (3/99)
Public reporting burden for this collection of information is estimated to average 2.0 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency
may not conduct or sponsor, and a person is not required to respond to, a collection information unless that collection displays a valid OMS control
~
Privacy Act Statement. Except for Social Security Numbers (SSNs) and Employer Identification Numbers (EINs), the Department of Housing and Urban
Development (HUD) is authorized to collect all the information required by this form under section 102 of the Department of Housing and Urban
Development Reform Act of 1989, 42 U,S,C, 3531, Disclosure of SSNs and EINs is optional. The SSN or EIN is used as a unique identifier. The
information you provide will enable HUD to carry out its responsibilities under Sections 102(b), (c), and (d) of the Department of Housing and Urban
Development Reform Act of 1989, Pub. L. 101-235, approved December 15, 1989, These provisions will help ensure greater accountability and integrity
in the provision of certain types of assistance administered by HUD. They will also help ensure that HUD assistance for a specific housing project under
Section 102(d) is not more than is necessary to make the project feasible after taking account of other government assistance. HUD will make available to
the public all applicant disclosure reports for five years in the case of applications for competitive assistance, and for generally three years in the case of
other applications. Update reports will be made available along with the disclosure reports, but in no case for a period generally less than three years, All
reports, both initial repol1s and update reports, will be made available in accordance with the Freedom of Information Act (5 U.S.C. ~552) and HUD's
implementing regulations at 24 CFR Part 15, HUD will use the information in evaluating individual assistance applications and in performing internal
administrative analyses to assist in the management of specific HUD programs, The information will also be used in making the determination under
Section 1 02(d) whether HUD assistance for a specific housing project is more than is necessary to make the project feasible after taking account of other
government assistance. You must provide all the required information. Failure to provide any required information may delay the processing of your
application, and may result in sanctions and penalties, including imposition of the administrative and civil money penalties specified under 24 CFR ~4.38,
Note: This form only covers assistance made available by the Department. States and units of general local government that carry out responsibilities
under Sections 102(b) and (c) of the Reform Act must develop their own procedures for complying with the Act.
Instructions
Overview,
A. Coverage . You must complete this report if:
(1) You are applying 1for assistance from HUD for a specific project or
activity and you have received, or expect to receive, assistance
from HUD in excess of $200,000 during the during the fiscal year;
(2) You are updating a prior report as discussed below; or
(3) You are submittin!~ an application for assistance to an entity other
than HUD, a StatE~ or local government if the application is required
by statute or regulation to be submitted to HUD for approval or for
any other purpose!.
B. Update reports (filed by "Recipients" of HUD Assistance):
General. All recipients of covered assistance must submit update
reports to the Departrnent to reflect substantial changes to the initial
applicant disclosure reports.
Line-by-Line Instruc1tions.
Applicant/Recipient Infl:>rmation.
All applicants for HUD competitive assistance, must complete the
information required in blocks 1-5 of form HUD-2880:
1. Enter the full name, address, city, State, zip code, and telephone
number (including arE~a code) of the applicant/recipient. Where the
applicant/recipient is ,an individual, the last name, first name, and
middle initial must be entered.
2, Entry of the applicantfrecipient's SSN or EIN, as appropriate, is
optional.
3, Applicants enter the HUD program name under which the assistance is
being requested,
4. Applicants enter the c:lmount of HUD assistance that is being
requested, Recipients enter the amount of HUD assistance that has
been provided and to which the update report relates. The amounts
are those stated in tht~ application or award documentation, NOTE: In
the case of assistanCt3 that is provided pursuant to contract over a
period of time (such a.s project-based assistance under section 8 of the
United States Housin!~ Act of 1937), the amount of assistance to be
reported includes all amounts that are to be provided over the term of
the contract, irrespective of when they are to be received.
5, Applicants enter the name and full address of the project or activity for
which the HUD assistance is sought. Recipients enter the name and
full address of the HUD-assisted project or activity to which the update
report relates. The most appropriate government identifying number
must be used (e.g., RFP No.; IFB No.; grant announcement No,; or
contract, grant, or loan No,) Include prefixes.
Part I. Threshold Determinations - Applicants Only
Part I contains information to help the applicant determine whether the
remainder of the form must be completed. Recipients filing Update
Reports should not complete this Part.
If the answer to either questions 1 or 2 is No, the applicant need not
complete Parts II and III of the report, but must sign the certification at the
end of the form.
Part II. Other Government Assistance and Expected Sources and
Uses of Funds.
A, Other Government Assistance, This Part is to be completed by both
applicants and recipients for assistance and recipients filing update
reports. Applicants and recipients must report any other government
assistance involved in the project or activity for which assistance is
sought. Applicants and recipients must report any other government
assistance involved in the project or activity, Other government
assistance is defined in note 4 on the last page. For purposes of this
definition, other government assistance is expected to be made
available if, based on an assessment of all the circumstances involved,
there are reasonable grounds to anticipate that the assistance will be
forthcoming,
Both applicant and recipient disclosures must include all other
government assistance involved with the HUD assistance, as well as
any other government assistance that was made available before the
request, but that has continuing vitality at the time of the request.
Examples of this latter category include tax credits that provide for a
number of years of tax benefits, and grant assistance that continues to
benefit the project at the time of the assistance request.
The following information must be provided:
1. Enter the name and address, city, State, and zip code of the
government agency making the assistance available.
2. State the type of other government assistance (e.g., loan, grant
loan insurance).
3. Enter the dollar amount of the other government assistance that is,
or is expected to be, made available with respect to the project or
activities for which the HUD assistance is sought (applicants) or
has been provided (recipients).
4, Uses of funds, Each reportable use of funds must clearly identify
the purpose to which they are to be put. Reasonable aggregations
may be used, such as "total structure" to include a number of
structural costs, such as roof, elevators, exterior masonry, etc.
B. Non-Government Assistance, Note that the applicant and recipient
disclosure report must specify all expected sources and uses of funds -
both from HUD and any other source - that have been or are to be,
made available for the project or activity. Non-government sources of
Form HUD-2880 (3/99)
funds typically includEt (but are not limited to) foundations and private
contributors.
Part III. Interested Partjies.
This Part is to be completed by both applicants and recipients filing update
reports. Applicants must provide information on:
1. All developers, contraictors, or consultants involved in the application
for the assistance or in the planning, development, or implementation
of the project or activity and
2. any other person who. has a financial interest in the project or activity
for which the assistance is sought that exceeds $50,000 or 10 percent
of the assistance (whichever is lower).
Note: A financial interest means any financial involvement in the
project or activity, including (but not limited to) situations in which an
individual or entity has an equity interest in the project or activity,
shares in any profit on resale or any distribution of surplus cash or
other assets of the pn:>ject or activity, or receives compensation for any
goods or services provided in connection with the project or activity.
Residency of an individual in housing for which assistance is being
sought is not, by itsel1=, considered a covered financial interest.
The information required below must be provided,
1. Enter the full names clOd addresses. If the person is an entity, the
listing must include the full name and address of the entity as well as
the CEO, Please list all names alphabetically.
2, Entry of the Social S.~curity Number (SSN) or Employee Identification
Number (EIN), as appropriate, for each person listed is optional.
3, Enter the type of participation in the project or activity for each person
listed: Le., the person's specific role in the project (e,g" contractor,
consultant, planner, investor),
4. Enter the financial int.~rest in the project or activity for each person
listed. The interest must be expressed both as a dollar amount and as
a percentage of the amount of the HUD assistance involved,
Note that if any of the source/use information required by this report has
been provided elsewhere! in this application package, the applicant need
not repeat the information, but need only refer to the form and location to
incorporate it into this report. (It is likely that some of the information
required by this report has been provided on SF 424A, and on various
bud~et forms accompanying the application.) If this report requires
information beyond that provided elsewhere in the application package,
the applicant must include in this report all the additional information
required.
Recipients must submit an update report for any change in previously
disclosed sources and uses of funds as provided in Section I.D,5" above.
Notes:
1. All citations are to 24 CFR Part 4, which was published in the Federal
Register, [April 1 , 1996, at 63 Fed. Reg, 14448,]
2, Assistance means any contract, grant, loan, cooperative agreement, or
other form of assistance, including the insurance or guarantee of a loan
or mortgage, that is provided with respect to a specific project or
activity under a program administered by the Department. The term
does not include contracts, such as procurements contracts, that are
subject to the Fed, Acquisition Regulation (FAR) (48 CFR Chapter 1),
3. See 24 CFR ~4.9 for detailed guidance on how the threshold is
calculated.
4, "Other government assistance" is defined to include any loan, grant,
guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or
any other form of direct or indirect assistance from the Federal
government (other than that requested from HUD in the application), a
State, or a unit of general local government, or any agency or
instrumentality thereof, that is, or is expected to be made, available
with respect to the project or activities for which the assistance is
sought.
5. For the purpose of this form and 24 CFR Part 4, "person" means an
individual (including a consultant, lobbyist, or lawyer); corporation;
company; association; authority; firm; partnership; society; State, unit
of general local government, or other government entity, or agency
thereof (including a public housing agency); Indian tribe; and any other
organization or group of people,
Form HUD-2880 (3/99)
Information Form
Contract Number:
CFDA Number: 14.228
Names and Addresses
1. Contract Recipient
Namle of Chief Elected Official: Sylvia Murphy
Title:: Mayor Monroe County Board of Commissioners
Address: 102050 Overseas Hwv.. Suite 234
City, State, Zip Code: Key Largo. FL 33037
Area, CodelTelephone No:
(305) 453-8787
Suncom No:
305-797 -0088
Area Code/Fax Number
(305)453-8789
E-Mail Address: Murohv-Svlvia~monroecountv-fl.aov
2. Chief :Financial Officer
Narne of Chief Financial Officer: Dannv Kolhaae
Title~: Clerk of the Court
Address: 500 Whitehead Street
City, State, Zip Code: Key West FL 33040
Are;a CodelTelephone No:
(30~5) 295-3130
Suncom No:
Area Code/Fax Number
(305) 295-3663
E-Wlail Address: dkolhage@monroe -clerk. com
3. Local Contact Person
Narne of Local Contact Person: John O'Brien
Title: Proiect Manaaer - 2008 CDSG Disaster Recovery Proaram
Address: City of Key West. Community Development Office. 1400 Kennedy Drive
City, State, Zip Code: Kev West FL 33040
Area CodelTelephone No:
( 30t5)296-5621
Suncom No:
Area Code/Fax Number
(305) 292-1162
E-Mc:iil Address: hsiiob~aol.com
4.
~~~--_..'''-_.--.lH A -_.:__....1_\
, ~~ -_..__.__...~ - -.-.--.-----,
Narne of Consultant:
Firn1:
Address:
City, State, Zip Code:
Area CodelTelephone No:
L)
Area Code/Fax Number
( )
E-Mlail Address:
Administrative Data
1. Local tGovernment FID Number: 59-6000749
2.
Districts:
United States Congress
18
Florida Senate
39
Florida House
12
3. If the local government is not receiving Electronic Funds Transfer (EFT) from the State of Florida,
please~ provide an address for transmittal of the reimbursement warrant:
LocallGovernment:
Street Address:
City, S;tate, Zip:
4, PleasE~ provide a brief Project Description:
Monroe County will implement a countywide housing project. The first priority is
to repair storm damaged homes for the elderly, people with disabilities and persons
living in poverty. The second priority will be for single family structures with
storm damage. The third priority will serve affordable rental housing that
experienced storm damage. (14% of total funding will be utilized for this priority)
The fourth priority will be to assist income eligible households connect to
centralized sewer systems. This last strategy is a set-aside of 25% of funds
available for priority four for the City of Key West, Florida. The balance of the
single family and multi family projects will be identified upon DCA approval of
the proposed Housing Assistance Plan.
Attachment K
Department of Community Affairs
Florida Small Cities Community Development Block Grant, Disaster Recovery and Neighborhood Stabilization Programs
~-.. --..-..-- - ..-.............-..~
~...u...n. v~.. nv. . ."""-'- I I ~
i Recipient
..................~Y/?f!!!.(.~(!...pr!.9!.(!~!...?[g(!.~t~!E~..~.yt.lJplfty..FqfX!!...~/tt!...~~r;t!...~f?f!tr.i!f1~....................... ....................................
I Contract # : Funding Source
!
. .
. .
!MgQr~.9?!J.Il.!Y.q.............._...JJQP.~=K1=!..k~1=9.?:K?1......j
! Mailing Address (Street or Post Office Box)
[ ] Small Cities CDBG
[X ] Disaster Recovery
[ ] Neighborhood Stabilization
J.1.QQ....K.~.~.D.~q.Y....Pr~.Y..~....................
City, State and Zip Code
...................................................................................r.....Lo.ciif..Gover.n.me.nt...DliNS....'.................
.J~~y....vv~~J.....f.~...~.~.91Q............................................................ ...............,...................................................................................l......9?~~.?~.??.?..........................................................
~ Project Contact Person .......r....Te'i'e.p'hone....#................................................................................... I E-mail Address
i Jo~ ~...~.~~.~~.:.~.....................................................................................................l.....~??~~.~~=.~.~.~..~..............................................................................................J......~.~~~.?~~~?~.~:?~...................................................................................................,...........................................................1
'......FI.nancial Contact Person I Telephone # i E-mail Address :
I Marie Brouilette I 305-296-5621 I BrouilletteM@kwha.org
I RFFs must be submitted via email in a pdf format from the email address of one of the individuals listed below. RFFs submitted
I from other email addresses will not be processed by the Department.
i [X] Check here if above person is authorized to submit RFFs i E-mXXddi~ss
I..................................................................................................................................................................................................................................................l......~.g.~.~tQ.M.~.~.~~.~.9.rg.....................................................................................................................................................................................................................,
! Typed Name I Date 1 ign . e '
1......M.~.r..~.~....~.r.9.~.H.~.~~............................................................................................................................................................................1.~..Q.~J....~.Q.\...Q..............L........................................... .................................................~....:........ .....................................................................................................,
I [X] Check here if above person is authorized to submit RFFs i E-mail Address !
I..................................................................................................................................................................................................................................................l......~r.Q.y.!JJ~n~.M.~.~:b.?t~.Q.r.g.........................................................................................................................................................................................................1
I Typed Name I Date I Signature :
I..................................................................................................................................................................................................................................................1..........................................................................1.....................................................................................................................................................................................................................................1
I [ ] Check here if above person is authorized to submit RFFs I E-mail Address !
..............................................................!
i
I I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
I Funds and to submit RFF's electronically.
I [X] Check here if your local government utilizes Electronic Funds Transfer (EFT) from the State of Florida.
! [ ] Check here if your local government will be working on a reimbursement basis.
I
i..................................u...........................u.................................h..................................,......................................................................................................,.....................................................................................................................,.........................................................................................................................................................................................
! CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the
, account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
I Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
i website: http://flair.dbf.state.fI.us/.
~
: :
. .
r....................................................................................................................u.......................................................................................................................................................................................................................................................................................................,....................................................................................................................,..................c
I Local governments not receiving EFT, and not working on a reimbursement basis, must establish a non-interest bearing account. I
i Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. :
~
I
!.ciiY;Stateand.zipcOde...............................m..............L..........................................,
....................................................................................................................,...00............................................................,......................................................................................................................................................................................................................, ................................,.....................................................................................................................
Attachment K
Department of Community Affairs
Florida Small CitHes Community Development Block Grant, Disaster Recovery and Neighborhood Stabilization Programs
~_. --..-..-. _.._.......~-..~
~&Ulll,", 1 vn... ,",v 1 '1"11'.&' 1 ~
........... .............................,.....,...... .... .
I Recipient
.... ....?'!/?f!!((~f!..Ptfg((!?1..!...?JglJ..?!.t.l!!~..~yt.lJ9..rfty..F..qr...'!!...~Jtt!...~?!flJ...~q(!.tr..i!q~....
! Contract #
Funding Source
!......M.Q.~.r.Q~....~9.Y.~.~................................................ ...................................................l....J.9.P.~.~.~1.~J.!.~.?1.~9.?~.K.?~.......................................................................
I Mailing Address (Street or Post Office Box)
!.......!.1.9Q....K.~.Q.~.~9.Y....Pr..~.Y~..............................................................
I City, State and Zip Code
[ ] Small Cities CDBG
.....l [X ] Disaster Recovery
[ ] Neighborhood Stabilization
...........1..
Local Government DUNS #
1......K~y....w..~gl....F.~...~.~.Q4:Q........................................................... ........,...............................................................................................................................................................,...................................................................................I......Q?~~.?~.??? ........................................................ .....................!
I Project Contact Person I Telephone # I E-mail Address
I......~.?~.~...~~~.~!.:.~.....................................................................................................L..~?~.~.~~~=.~.~~..~...............................................................................................l......~.~~.~.~~~.~?~.~.~~~.............................................................................................................................................................
I Financial Contact Person i Telephone # i E-mail Address
!......~.~.~.~.~....~.~?~.~.~.:.~~....................................................................................J.....~.~.~.~.~.~~=.?~.~..~................................................................................................1......~~?~.~.~..~~~:.~.~.~.~.~.~.?~~................................................................................................................................j
i Requests for Funds (RFFs) require (check one); [X] one signature [ ] two signatures of individuals authorized below. .
I RFFs must be submitted via email in a pdf format from the email address of one of the individuals listed below. RFFs submitted
I from other email addresses will not be processed by the Department.
i...................................................................................................................................................................................................................................................l......~~.g.~t'.QM.~.~.~~.~.Q.r.g....................:............................................................................................
i Typed Name 1 Date I Signature ~
i Marie Brouilette I ~10'-\l J0\D i ~
1"....CX...j"..Che'Ci<....h.e.re....i(a'bov<<~...i)'erso.n....i.s...auiho.ri'ze.d...to...s'lJbm.ifR.FFs.........r...E.~m~iiT..Addre.s.s.......,......................".............................".....................................................................
................................................................................ ................................................................................"................................................l......~r9.yJ~.,~~~.~.~.~b.~.~.9.r.9............"..........................................................................................................................................
i Typed Name . Date I Signature
I ..t........j.Ched<here.ifabOve ..persoo.is..authorizediosubmifRFFS"mrE=maii.'Address
. . .
. . .
:............................................................................................... ............u.....................................................................................................................................\........................................................................................................,...................................................................................................u........................................,..........................................................:
. .
i I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
I Funds and to submit RFF's electronically.
. .
f [X] Check here if your local government utilizes Electronic Funds Transfer (EFT) from the State of Florida.
. [ ] Check here if your local government will be working on a reimbursement basis.
CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
. Program at 850/922-1.878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
I website: http://flair.dbf.state.fI.us/ .
. .
. .
. .
I Provide account inforrnation for the financial institution (insured by FDIC) below. All signatures on the account must be bonded. !
. .
. .
. .
. .
. .
: I
i
........ .........j
City, State and Zip Code
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
5/19/10
Division: Administrator
Bulk Item: Yes ~
No
Department : Wastewater
Staff Contact PersonlPhone #: Elizabeth W ood/292-4525
AGENDA ITEM WORDING: Approval to execute Amendment 1 to State Revolving Loan Fund
Agreement WW602090.
ITEM BACKGROUND: Amendment 1 to Clean Water State Revolving Fund Loan Agreement
WW602090 annuls the agreement with the Florida Water Pollution Control Financing Corporation.
FDEP requested that Monroe County replace Loan Agreement WW602090 with Loan Agreement
WW60209l to update the loan funding source based on activity within FDEP's leveraged and direct
loan programs. Loan Agreement WW602091 is directly with the State of Florida Department of
Environmental Protection.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Clean Water State Revolving
Fund Construction Loan Agreement WW602091 on April 21, 2010 which replaced Clean Water State
Revolving Fund Loan Agreement WW602090 previously approved by BOCC on August 19, 2009.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOT AL COST:_ INDIRECT COST:
BUDGETED: Yes -X-No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ NO~ AMOUNT PER MONTH_ Year
iJJU my
APPROVED BY: County Any ~ . urchasing _ Risk Management_
DOCUMENTATION: Included X NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMAR Y
Contract with:
FDEP
Contract #
Effective Date:
Expiration Date:
WW602090
upon execution by FDEP
NA
Contract PurposelDescriPtion:
Amendment 1 annuls State Revolving Fund Loan Agreement WW602090.
Contract Manager: Elizabeth Wood
(Name)
4525
(Ext.)
Wastewater/# 1
(Department/Stop #)
for BOCC meetin~ on
5/19/10
A~enda Deadline: Mav 4,2010
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(ec. maintenance, utilities, janitorial, salaries, etc.)
- - - -
-----
CONTRACT REVIEW
Division Director
Changes
~~./. In Needed
o /d YesDNo~
-:r,<)1.() YesD No~
5" -& -tD YesD NoJ .
shJLy YesDNo~:1~ AJ tlwAJ.?f
Date Out
6/& 16
Risk Management
PJtc.
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/0 I MCP #2
AMENDMENT 1 TO LOAN AGREEMENT WW602090
MONROE COUNTY
This amendment is executed by the FLORIDA WATER POLLUTION CONTROL
FINANCING CORPORATION (the "Corporation") and MONROE COUNTY,
FLORIDA, (the "Local Borrower") existing as a local governmental agency under the
laws of the State of Florida.
WITNESSETH:
\^lHEREAS, the Corporation and the Local Borrower entered into a State Revolving
Fund Loan Agreement, Number WW602090, dated September 8, 2009i and
WHEREAS, the Local Borrower and the State of Florida Department of Environmental
Protection have agreed to fund the Loan with direct appropriation fundsi and
WHEREAS, the Corpomtion has no objections to annulling the Agreement.
NOW, THEREFORE, the parties hereto agree that Loan Agreement WW602090 is hereby
annulled.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
This Amendment 1 annulling Loan Agreement WW602090 shall be executed in three or
more counterparts, any of which shall be regarded as an original and all of which
constitute but one and the same instrument.
IN WITNESS WHEREOF, the Corporation has caused this amendment to the Loan
Agreement to be executed on its behalf by its Chief Executive Officer and the Local
Borrower has caused this amendment to be executed on its behalf by its Authorized
Representative and by its affixed seal. The effective date of this amendment shall be as
set forth below by the Chief Executive Officer of the Corporation.
for
FLORIDA WATER POLLUTION CONTROL FINANCING CORPORATION
Chief Executive Officer
Date
Reviewed and approved by the Corpora te Secretary
for
MONROE COUNTY
Chairman} Board of County Commissioners
I attest to the opinion expressed in Section 2.03
of the Agreement, entitled Legal
Authorization.
Attest
County Clerk
County Attorney
SEAL
APPROVED AND ACCEPTED BY THE STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION.
Deputy Director
Division of Water Resource Management
;rr:~"-~"1<~Ato~ U"\~~}:"r~:~;:t'it~~"!!;~?~~~~t~S Oi'1:iif;~~1
wf"..,,~-('iJ U".'''..',.'.<f ~....~w..~.--_.. ~
~i~Z~~\3e l.v~;~~" - ~;f~..-""'w ,
FLORIDA WATER POLLUTION CONTROL FINANCING CORPORATION
AND
MONROE COUNTY, FLORIDA
CLEAN WATER STATE REVOLVING FUND
LOAN AGREEMENT
WW602090
Florida Water Pollution Control Financing Corporation
1801 Hermitage Boulevard
Tallahassee, Florida 32308
CLEAN WATER ST ATE REVOLVING FUND LOAN AGREEMENT
CONTENTS
PAGE
ARTICLE I - lDEFINITIONS .... ....... ...... ........... ...... ........ .......... ........... .................. ............... ......... ............2
1.01. WIJRDS AND TERMS. . ..................... ........ ..... ....... ........... ...... ...... ...... .................... ...............2
1.02. CC)RRELA TIVE WORDS... ...... ........................ ....... ........... ...... ...... ......... .......... ....... .............. 4
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS......................................4
2.01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS......................4
2.02. TAX WARRANTIES, REPRESENT A TIONS AND COVENANTS ................................. 6
2.03. LEGAL AUTHORIZATION......... .... ................... ...... ....... ...... .... ...... ......... ...... ....... .... ....... ..12
2.04. AUDIT AND MONITORING REQUIREMENTS. ...........................................................12
ARTICLE III .. LOAN REPAYMENT ACCOUNT ...............................................................................15
3.01. LOAN DEBT SERVICE ACCOUNT. .................................................................................15
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS. .............................16
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAW ALS..................................................16
3.04. ASSETS HELD IN TRUST. ..................................................................................................16
ARTICLE IV .. PROJECT INFORMATION ............................................................. ........... .......... ......... 16
4.01. PF~OJECT CHANGES. .............. ........... ........ ........... .......... ...... ...... ...................... ........... .... ...16
4.02. TITLE TO PROJECT SITE. ....... .......... ............... .... ...... ....... ...... ...... ......... ...... ........... .... ........ 16
4.03. PERMITS AND APPROVALS. ...........................................................................................16
4.04. El'~GINEERING SERVICES. .... ........... ...... ......... ...... .......... ...... ...... ......... ......... ........ ....... ..... 17
4.05. PROHIBITION AGAINST ENCUMBRANCES. ..............................................................17
4.06. C()MPLETION MONEYS. .. ...... .... ...... ........ ................... .... ...... ...... .... ..... ...... ....... ...... ..... .... 17
4.07 . CLOSE-OUT. ......................................................................................................................... 17
4.08. LC)AN DISBURSEMENTS.. ............ ........ ........... ...... ...... ........................... ....... .......... .......... 17
ARTICLE V - RATES AND USE OF THE SEWER SYSTEM.............................................................. 18
5.01. RESERVED. ... ....... ..... ...... ...... ....... ...... .... .... ........... ...... ...... ........ .... ...... ......... .... ...... ....... .... .... 18
5.02. N<) FREE SERVICE. ............. ...... ...... ........ ........... ...... ...... ....... ...... ...... ........ ........... ........... .... 18
5.03. MANDATORY CONNECTIONS... ........ ........... ...... ...... ....... ........... ...................... .... ......... 18
5.04. RESERVED. .... ..... ........ ...... ...... ...... .............. ................... ........ .............. ... ...... .... ....... ...... .... ...18
5.05. MAINTENANCE OF THE SEWER SYSTEM. ..................................................................18
5.06. ADDITIONS AND MODIFICATIONS. ............................................................................19
5.07. COLLECTION OF REVENUES. .........................................................................................19
ARTICLE VI- DEFAULTS AND REMEDIES ......................................................................................19
6.01. E,TENTS OF DEFAULT. .. ...... ..................... .......... ...... ............ ............... ...... ...... ....... ........... 19
6.02. REMEDIES. ..... ....... ............ ...... ...... ....... ... .... ....... ...... ...... ...... ...... .............. ....... .... ...... ............ 20
6.03. DELAY AND WAIVER. ......................................................................................................21
ARTICLE VII - THE PLEDGED REVENUES .......................................................................................21
7.01. SUPERIORITY OF THE PLEDGE TO THE CORPORATION. ......................................21
7.02. ADDITIONAL DEBT OBUGA TIONS. ..... ...... ...... ...... ..... ...... ................. ...... .... ........... ..... 21
ARTICLE VIII - GENERAL PROVISIONS ................................................ .......... .......... ....................... 21
8.01. DISCHARGE OF OBLIGATIONS. .............. ........... ...... ...... .......... ......... ...... ..... ............ ...... 21
8.02. PROJECT RECORDS AND STATEMENTS. .....................................................................22
8.03. AC:CESS TO PROJECT SITE.. ........... .... .... .... ..... ....... ...... .... ....... ..... ......... .................. ..... ..... 22
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT......................................................22
8.05. AMENDMENT OF AGREEMENT. ...................................................................................22
8.06. ANNULMENT OF AGREEMENT. ...................... ...... .... ...... ....... ...... ......... .... ....... .... ......... 23
8.07. SE.VERABILITY CLAUSE. ....... ....... ..... ....... ............ ........ ......... ..... ...... .............. ....... ............23
ARTICLE IX.. CONSTRUCTION CONTRACTS AND INSURANCE.............................................23
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS. ..........................23
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS. ..............................23
9.03. INSURANCE REQUIRED. ..................................................................................................23
ARTICLE X - DETAILS OF FINANCING ............................................................................................24
10.01. PRINCIPAL AMOUNT OF LOAN. ................................................................................... 24
10.02. LC)AN SERVICE FEE. .......... .... ............. ........ .... ....... ...... ................ ......... ...... ........... ....... .....24
10.03. FIl\JANCING RATE. ......................... .... .... ................... ........ ...... ...... ...... ... ............. .... ....... .... 25
10.04. LC)AN TERM. ....... ..... ....... ............ .............. .... ........... ............. ........ .... ......... ...... ...... ..... .... ..... 25
10.05. REPAYMENT SCHEDULE. ...... ...... ........ ........... ....... ...... ...... .... ................. .... ....... .... .......... 25
10.06. PROJECT COSTS. ...... ...... ................... ........ ........... ...... .... ...... ...... ...... .......... ...... ...... .... .........25
10.07. P:ROJECT SCHEDULE. ................. .... ............... .......... ....... .... ........ ...... ..... ........ ...... ........... ... 26
10.08. SPECIAL CONDITIONS. .. ...... .... ....... ....... ....... .... ...... ................... ...... ... .......... ....... ............26
ARTICLE XI.. EXECUTION OF AGREEMENT ..................................................................................27
11
CLEAN WATER ST ATE REVOLVING FUND LOAN AGREEMENT
WW602090
THIS AGREEMENT is executed by the FLORIDA WATER POLLUTION CONTROL
FINANCING CORPORATION (the "Corporation") and MONROE COUNTY, FLORIDA (the
"Local Borrower"), existing as a local governmental agency under the laws of the State of
Florida.
WITNESSETH:
WHEREAS, pursuant to Sections 403.1835 and 403.1837, Florida Statutes (the "State
Act"), the Corporation is authorized to make loans to local government agencies to finance or
refinance the construction of wastewater pollution control facilities, the planning and design of
which have been reviewed by the State of Florida Department of Environmental Protection (the
"Department"); and
WHEREAS, in accordance with the provisions of the State Act and a Service Contract
dated as of Jlme I, 2001 (as amended from time to time, the "Service Contract") between the
Corporation and the Department, the Department has responsibility for the performance of
various activities in connection with such loans; and
WHEREAS, the Local Borrower has made application for the financing of the Project (as
hereinafter defined), and the Corporation and the Department have determined that such
Project meets all requirements for a loan and have agreed to make a loan to the Local Borrower
as set forth in this Agreement (the "Loan"); and
WHEREAS, in accordance with the provisions of a Master Trust Indenture dated as of
June I, 2001 (as supplemented and amended from time to time, the "Indenture") between the
Corporation .md u.s. Bank Trust National Association, as trustee (together with any successor
trustee, the "Trustee"), the Corporation is authorized to issue bonds (the "Bonds") from time to
time to fund loans pursuant to the State Act and to refund bonds issued by the Corporation;
and
WHEREAS, the Loan and all payments of principal and interest thereon, including
prepayments.. and all proceeds thereof, but excluding the Loan Service Fee (as such term is
hereinafter defined), have been pledged and assigned to the Trustee under the Indenture as
security for the payment of principal of, premium, if any, and interest on the Bonds; and
WHEREAS, pursuant to the provisions of the State Act, the Service Contract and the
Indenture, and as provided herein, the Corporation and the Department will cooperate to
assure continuing compliance with the various requirements and separate duties and
responsibilities arising from the issuance of the Bonds and the loans made by the Corporation.
NOW, THEREFORE, in consideration of the Corporation loaning money to the Local
Borrower, in the principal amount and pursuant to the covenants hereinafter set forth, it is
agreed as follows:
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
In addition to the words and terms elsewhere defined in this Agreement, the following
words and terms shall have the meanings set forth below:
(1) "Agreement" or "Loan Agreement" shall mean this loan agreement.
(2) "Authorized Representative" shall mean the official or officials of the Local
Borrower authorized by ordinance or resolution to sign documents associated with the Loan.
(3) "Capitalized Interest" shall mean a finance charge that accrues at the Financing
Rate on Loan proceeds from the time of disbursement until six months before the first
Semiannual Loan Payment is due. Capitalized Interest is financed as part of the Loan principal.
(4) "Code" means the Internal Revenue Code of 1986, the Treasury Regulations
(whether temporary or final) under that Code or the statutory predecessor of that Code, and
any amendments of or successor provisions to, the foregoing and any official rulings,
announcements, notices, procedures and judicial determinations regarding any of the foregoing,
all as and to the extent applicable.
(5) "Defeasance Obligations" means:
(a) Direct obligations of, or obligations the prompt payment of principal and interest
on which are fully guaranteed by, the United States of America which are not callable prior to
maturity (except at the option of the holder thereof);
(b) Bonds, debentures, notes or other evidences of indebtedness issued or fully
insured or guaranteed by any agency or instrumentality of the United States of America which
are backed by the full faith and credit of the United States of America and which are not callable
prior to maturity (except at the option of the holder thereof);
(c) Resolution Funding Corp. (REFCORP) obligations which are not callable prior to
maturity (except at the option of the holder thereof); and
(d) Obligations of any state of the United States of America or of any agency,
instrumentality or local governmental unit of any such state which are not callable prior to
maturity or as to which irrevoca,ble determination to call such obligations prior to maturity shall
have been made by the issuer thereof, and for the payment of the principal of, premium, if any,
and interest on which provision shall have been made by the irrevocable deposit with a bank or
trust company acting as a trustee or escrow agent for owners of such obligations of securities
described in clauses (a), (b) or (c), the maturing principal of and interest on which, when due
and payable, will provide sufficient moneys to pay when due the principal of, premium, if any,
and interest on such obligations, and which securities are not available to satisfy any other
claim, including any claim of the trustee or escrow agent or of any person claiming through the
trustee or escrow agent or to whom the trustee or escrow agent may be obligated.
2
(6) "Depository" shall mean a bank or trust company, having a combined capital
and unimpaired surplus of not less than $50 million, authorized to transact commercial banking
or savings and loan business in the State and insured by the Federal Deposit Insurance
Corporation.
(7) "Fiscal Year" shall mean the period commencing on October 1 of each year and
ending on September 30 of the succeeding year.
(8) "Financing Rate" shall mean the charges, expressed as a percent per annum,
imposed on the unpaid principal of the Loan. The Financing Rate shall consist of an interest
rate component and a Grant Allocation Assessment rate component.
(9) "Grant Allocation Assessment" shall mean an assessment, expressed as a percent
per annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way
interest charged on the Loan is computed and is included in the Semiannual Loan Payment.
After paying or providing for the payment of debt service on the Bonds, the Department will
use Grant Allocation Assessment moneys for making grants to financially disadvantaged small
communities pursuant to Section 403.1835 of the Florida Statutes.
(10) "Loan Application" shall mean the completed form which provides all
information required to support obtaining construction loan financial assistance.
(11) "Loan Debt Service Account" shall mean an account, or a separately identified
component of a pooled cash or liquid account, with a Depository established by the Local
Borrower for the purpose of accumulating Monthly Loan Deposits and making Semiannual
Loan Payments.
(12) "Loan Service Fee" shall mean an origination fee which shall be paid by the Local
Borrower.
(13) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Local
Borrower to the Loan Debt Service Account.
(14) "Non-ad Valorem Revenues" shall mean revenues collected on an annual basis
in accordance with the rules and regulations of the Florida Department of Revenue and the
Florida Statutes which shall benefit the Local Borrower's General Fund; the Law Enforcement,
Jail and Judicial Fund; the Unincorporated Parks and Beaches Fund; and the Planning, Building,
Code and Fire Marshal Fund.
(15) "Pledged Revenues" shall mean the specific revenues pledged as security for
repayment of the Loan and shall be the Non-ad Valorem Revenues derived yearly after the
satisfaction of all yearly payment obligations on account of any senior obligations issued
pursuant to Section 7.02 of this Agreement.
(16) "Project" shall mean the works financed by this Loan and shall consist of
furnishing all labor, materials, and equipment to construct the collection, transmission and
treatment facilities in accordance with the plans and specifications accepted by the Department
for the following contracts:
3
(a) "Rockland Key and Geiger Key Collection System"
(b) "Big Coppitt Wastewater Treatment Plant"
The Project is in agreement with the planning documentation accepted by the
Department effective November 20, 2007. Approval of this Project is provided by the Florida
Finding of No Significant Impact dated November 16, 2007 and no adverse comments were
received.
(17) "Semiannual Loan Payment" shall mean the payment due from the Local
Borrower at six-month intervals.
(18) "Sewer System" shall mean all facilities owned by the Local Borrower for
collection, transmission, treatment and reuse of wastewater and its residuals.
(19) "State" means the State of Florida.
(20) "Tax-Exempt Bonds" means Bonds the interest on which is intended on their
date of issuance to be excludable from gross income of the holders thereof for federal income
tax purposes.
1.02. CORRELATIVE WORDS.
Words of the masculine gender shall be understood to include correlative words of the
feminine and. neuter genders. Unless the context shall otherwise indicate, the singular shall
include the plural and the word "person" shall include corporations and associations, including
public bodies, as well as natural persons.
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. GENERAL WARRANTIES, REPRESENTATIONS AND COVENANTS
The Local Borrower warrants, represents and covenants that:
(1) The Local Borrower has full power and authority to enter into this Agreement
and to comply with the provisions hereof.
(2) The Local Borrower currently is not the subject of bankruptcy, insolvency, or
reorganization proceedings and is not in default of, or otherwise subject to, any agreement or
any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance
which would currently restrain or enjoin it from entering into, or complying with, this
Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in
equity, before any court or public body, pending or, to the best of the Local Borrower's
knowledge, threatened, which seeks to restrain or enjoin the Local Borrower from entering into
or complying with this Agreement.
4
(4) All permits, real property interests, and approvals required as of the date of this
Agreement have been obtained for construction and use of the Project. The Local Borrower
knows of no reason why any future required permits or approvals are not obtainable.
(5) The Local Borrower shall undertake the Project on its own responsibility, to the
extent permitted by law.
(6) To the extent permitted by law, the Local Borrower shall release and hold
harmless the State, its agencies, the Corporation, and each of their respective officers, members,
and employees from any claim arising in connection with the Local Borrower's actions or
omissions in its planning, engineering, administrative, and construction activities financed by
this Loan or its operation of the Project.
(7) All Local Borrower representations to the Corporation and the Department,
pursuant to the Loan Application and this Agreement, were and are true and accurate as of the
date the Loarl Application and this Agreement were each executed by the Local Borrower. The
financial information delivered by the Local Borrower to the Department was current and
correct as of the date such information was delivered. The Local Borrower shall comply with
Chapter 62-503, Florida Administrative Code, and all applicable State and Federal laws, rules,
and regulations which are identified in the Loan Application or this Agreement. To the extent
that any assurance, representation, or covenant requires a future action, the Local Borrower
shall take such action as is necessary for compliance.
(8) The Local Borrower shall maintain records using generally accepted
governmental accounting principles established by the Governmental Accounting Standards
Board. As part of its bookkeeping system, the Local Borrower shall keep accounts of the Sewer
System separate from all other accounts and it shall keep accurate records of all revenues,
expenses, and expenditures relating to the Sewer System, and of the Pledged Revenues, Loan
disbursement receipts and Loan Debt Service Account.
(9) In the event the anticipated Pledged Revenues are shown by the Local
Borrower1s annual budget to be insufficient to make the Semiannual Loan Payments for such
Fiscal Year when due, the Local Borrower shall include in such budget other legally available
non-ad valorem funds which will be sufficient, together with the Pledged Revenues, to make
the Semiannual Loan Payments. Such other legally available non-ad valorem funds shall be
budgeted in the regular annual governmental budget and designated for the purpose provided
by this Subsection, and the Local Borrower shall collect such funds for application as provided
herein. The Local Borrower shall notify the Department immediately in writing of any such
budgeting of other legally available non-ad valorem funds. Nothing in this covenant shall be
construed as creating a pledge, lien, or charge upon any such other legally available non-ad
valorem funds; requiring the Local Borrower to levy or appropriate ad valorem tax revenues; or
preventing the Local Borrower from pledging to the payment of any bonds or other obligations
all or any part of such other legally available non-ad valorem funds.
(10) Each Fiscal Year, beginning three months before the first Semiannual Loan
Payment and ending with the Fiscal Year during which the final Loan repayment is made, the
Local Borrower's Authorized Representative or its chief financial officer shall submit, pursuant
to the schedule established in Section 10.07, a certification that: (a) Pledged Revenues
5
collections satisfy, on a pro rata basis, the rate coverage requirement; (b) the Loan Debt Service
Account contains the funds required; and (c) insurance, including that issued through the
National Flood Insurance Program authorized under 42 U.S.c. sees. 4001-4128 when applicable,
in effect for the facilities generating the Pledged Revenues, adequately covers the customary
risks to the extent that such insurance is available.
(11) Pursuant to Section 216.347 of the Florida Statutes, the Local Borrower shall not
use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch,
or a State agency.
(12) The Local Borrower agrees to construct the Project in accordance with the Project
schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable
control of the Local Borrower are excepted. If for any reason construction is not completed as
scheduled, there shall be no resulting diminution or delay in the Semiannual Loan Payment or
the Monthly Loan Deposit.
(13) The Local Borrower covenants that this Agreement is entered into for the
purpose of constructing, refunding, or refinancing the Project which will in all events serve a
public purpose. The Local Borrower covenants that it will, under all conditions, complete and
operate the Project to fulfill the public need.
(14) The Local Borrower shall take such actions, shall furnish and certify to such
information and execute and deliver and cause to be executed and delivered such documents,
certificates and opinions as the Corporation and/ or the Department may reasonably require in
connection with the Bonds, including, without limitation, any necessary continuing disclosure
undertaking meeting the requirements of Securities and Exchange Commission Rule 15c2-12.
2.02. TAX WARRANTIES, REPRESENT A TIONS AND COVENANTS
The Local Borrower acknowledges that the Corporation may issue Tax-Exempt Bonds
with which to fund the Loan to the Local Borrower and that the maintenance of the tax-exempt
status of any such Tax-Exempt Bonds will depend, in part, on the Local Borrower's compliance
with the provisions of this Agreement. Accordingly, the Local Borrower warrants, represents
and covenants that:
(1) Notwithstanding any other provisions of this Agreement, including specifically
Section 2.02(8), if the Local Borrower shall be notified by the Corporation or the Department as
of any date that any payment is required to be made to the United States Treasury in respect of
Tax-Exempt Bonds the proceeds of which were used to fund the Loan (hereafter, the
" Applicable Tax-Exempt Bonds"), and such payment is due to the failure of the Local Borrower
to comply with this Agreement, the Local Borrower shall pay to the Trustee (for deposit to the
applicable Subaccount of the Rebate Account established by the Indenture) the amount
specified in the notice by the Corporation or the Department.
(2) The Local Borrower is a "governmental person" (as defined in Treasury
Regulations Si1.141-1(b)) (a "Governmental Unit") and it owns and operates the Project.
6
(3) The Local Borrower will not take any action or omit to take any action, which
action or omission will adversely affect the exclusion from gross income of the interest on the
Applicable Tax-Exempt Bonds for federal income tax purposes or cause the interest on the
Applicable Tax-Exempt Bonds, or any portion thereof, to become an item of tax preference for
purposes of the alternative minimum tax imposed on individuals and corporations under the
Code, and in the event of such action or omission, promptly upon having such brought to its
attention, it will take such reasonable actions based upon an opinion of any attorney or firm of
attorneys of recognized standing and experience in the field of municipal bonds whose opinions
are generally accepted by purchasers of municipal bonds and which attorney or firm of
attorneys is acceptable to the Corporation ("Bond Counsel"), and in all cases at the sole expense
of the Local Borrower, as may rescind or otherwise negate such action or omission. The Local
Borrower will not directly or indirectly, use or permit the use of any proceeds of the Applicable
Tax-Exempt Bonds or any other funds of the Local Borrower, or take or omit to take any action,
that would cause the Applicable Tax-Exempt Bonds to be or become "arbitrage bonds" within
the meaning of Section 148(a) of the Code or to fail to meet any other applicable requirement of
Sections 141, 148, 149 and 150 of the Code or cause the interest on the Applicable Tax-Exempt
Bonds, or any portion thereof, to become an item of tax preference for purposes of the
alternative minimum tax imposed on individuals and corporations under the Code. To that end,
the Local Borrower will comply with all requirements of Sections 141, 148, 149 and 150 of the
Code to the extent such provisions apply to the Applicable Tax-Exempt Bonds. In the event that
at any time the Corporation or the Department is of the opinion that it is necessary to restrict or
limit the yield on the investment of any moneys held by the Local Borrower, the Corporation or
the Department shall so instruct the Local Borrower in writing and the Local Borrower shall so
restrict the yield.
(4) The Local Borrower (or any "related party", as defined in Treasury Regulations
S1.150-1(b)) is prohibited from purchasing and shall not purchase any Applicable Tax-Exempt
Bonds other than purchases in the open market for the purpose of tendering them to the Trustee
for purchase and retirement.
(5) The Local Borrower will take no action, or permit or suffer any action or event,
which will cause any of the Applicable Tax-Exempt Bonds to be or become a "private activity
bond" within the meaning of the Code. To that end, the Local Borrower will not permit more
than 5% of the Project or portion thereof financed with Tax-Exempt Bonds to be used for a
Private Business Use. The term "Private Business Use" means use directly or indirectly in a
trade or business or any other activity carried on by any Private Person other than use as a
member of, and on the same basis as, the general public. The term "Private Person" means any
person other than a Governmental Unit. For this purpose, the United States or any agency or
instrumentality thereof is not a Governmental Unit and is therefore a Private Person. For
purposes of this paragraph (5), property is considered "used" by a Private Person if:
(i) it is owned by, or leased, to such Private Person;
(ii) it is operated, managed or otherwise physically employed, utilized or
consumed by such Private Person, other than operation or management pursuant to an
agreement that meets the conditions described in paragraph (6) below;
7
(Hi) capacity in or output service from such property is reserved or committed
to such Private Person under a take-or-pay, output, incentive payment or similar
contract or arrangement;
(iv) such property is used to provide service to (or such service is committed
to or reserved for) such Private Person on a basis or terms that are different from the
basis or terms on which such service is provided (or committed or reserved) to members
of the public generally (except possibly for the amount of use and any corresponding
rate adjustment);
(v) such Private Person is a developer and a significant amount of the Project
financed with proceeds of Tax-Exempt Bonds serves only a limited area substantially all
of which is owned by such Private Person, or a limited group of developers, unless such
improvement carries out an essential governmental function, such developer reasonably
expects to proceed with all reasonable speed to develop the improvement and property
benefited by that improvement, and the improvement is in fact transferred to a
Governmental Unit promptly after the property benefited by the improvement is
developed; or
(vi) substantial burdens and benefits of ownership of the Project financed
with proceeds of Tax-Exempt Bonds are otherwise effectively transferred to such Private
Person.
(6) Use of Bond-Financed Property.
(i) For purposes of this Agreement, the use by a Private Person of the Project
financed with the proceeds of Tax-Exempt Bonds (the "Bond Financed Property")
pursuant to a Qualified Use Contract (as hereafter defined) shall not be treated as a
Private Business Use by such Private Person of such Bond-Financed Property or of funds
used to finance or refinance such Bond-Financed Property.
(ii) An arrangement under which services are to be provided by a Private
Person involving the use of all or any portion of, or any function of, the Bond-Financed
Property (for example, management services for an entire facility or a specific
department of a facility ("Use Contract")) is a "Qualified Use Contract" if all of the
following conditions are satisfied:
(A) the compensation for services provided pursuant to the Use
Contract is reasonable;
(B) none of the compensation for services provided pursuant to the
Use Contract is based on net profits from operation of the Bond-Financed
Property or any portion thereof;
(C) the compensation provided in the Use Contract satisfies one of the
following subparagraphs:
8
(1) At least 95% of the compensation for each annual period
during the term of the Use Contract is based on a periodic fixed fee and
the term of the Use Contract, including all renewal options, does not
exceed the lesser of 80% of the reasonably expected useful life of the
Bond-Financed Property and 15 years. For purposes of this subparagraph
(ii), a "periodic fixed fee" means a stated dollar amount for services
rendered for a specified period of time that does not increase except for
automatic increases pursuant to a specified, objective external standard
that is not linked to the output or efficiency of the Bond-Financed
Property (e.g., the Consumer Price Index) and a "renewal option" means
a provision under which either party to the Use Contract has a legally
enforceable right to renew the Use Contract; or
(II) At least 80% of the compensation for each annual period
during the term of the Use Contract is based on a periodic fixed fee and
the term of the Use Contract, including all renewal options, does not
exceed the lesser of 80% of the reasonably expected useful life of the
Bond-Financed Property and 10 years; or
(III) At least 50% of the compensation for each annual period
during the term of the Use Contract is based on a periodic fixed fee, the
term of the Use Contract, including all renewal options, does not exceed 5
years, and the Use Contract is terminable by the Local Borrower on
reasonable notice, without penalty or cause, at the end of the third year of
the Use Contract term; or
(N) All of the compensation for services is based on a
capitation fee or a combination of a capitation fee and a periodic fixed fee,
the term of the Use Contract, including all renewal options, does not
exceed 5 years, and the Use Contract is terminable by the Local Borrower
on reasonable notice, without penalty or cause, at the end of the third
year of the Use Contract term. A "capitation fee" means a fixed periodic
amount for each person for whom the Service Provider assumes the
responsibility to provide all needed services for a specified period so long
as the quantity and type of service actually provided to covered persons
varies substantially; or
(V) All of the compensation for services is based on a per-unit
fee or a combination of a per-unit fee and a periodic fixed fee, the term of
the Use Contract, including all renewal options, does not exceed 3 years
and the Use Contract is terminable by the Local Borrower on reasonable
notice, without penalty or cause, at the end of the second year of the Use
Contract term. A "per-unit fee" means a fee based on a unit of service
provided (e.g., a stated dollar amount for each specified procedure); or
(VI) All of the compensation for services is based on a
percentage of fees charged or a combination of a per-unit fee and a
percentage of revenue or expense fee, the term of the Use Contract,
9
including all renewal options, does not exceed 2 years and the Use
Contract is terminable by the Local Borrower on reasonable notice,
without penalty or cause, at the end of the first year of the Use Contract
term. This subparagraph (VI) applies only to (a) Use Contracts under
which the Private Person primarily provides services to third parties, or
(b) Use Contracts involving the Bond-Financed Property during an initial
start-up period for which there have been insufficient operations to
establish a reasonable estimate of the amount of the annual gross
revenues (or gross expenses in the case of a Use Contract based on a
percentage of gross expenses) (e.g., a Use Contract for general
management services for the first year of operations), in which case, the
compensation for services may be based on a percentage of gross
revenues, adjusted gross revenues (i.e., gross revenues less allowances for
bad debts and contractual and similar allowances) or expenses of the
Bond-Financed Facilities, but not more than one.
For purposes of this paragraph (6)(ii)(C), a Use Contract is considered to contain
termination penalties if the termination limits the Local Borrower's right to
compete with the Private Person, requires the Local Borrower to purchase
equipment, goods, or services from the Private Person, or requires the Local
Borrower to pay liquidated damages for cancellation of the Use Contract.
Another contract between the Private Person and the Local Borrower (for
example, a loan or guarantee by the Private Person) is considered to create a
contract termination penalty if that contract contains terms that are not
customary or arm's-length that could operate to prevent the Local Borrower from
terminating the Use Contract. A requirement that the Local Borrower reimburse
the Private Person for ordinary and necessary expenses, or restrictions on the
hiring by the Local Borrower of key personnel of the Private Person, are not
treated as contract termination penalties;
(D) The Private Person has no role or relationship with the Local
Borrower, directly or indirectly, that, in effect, substantially limits the Local
Borrower's ability to exercise its rights under the Use Contract, including
cancellation rights. This requirement is satisfied if:
(I) The Private Person and its directors, officers, shareholders
and employees possess in the aggregate, directly or indirectly, no more
than 20 percent of the voting power of the governing body of the Local
Borrower;
(II) No individual who is a member of the governing body of
the Private Person and the Local Borrower is the chief executive officer of
the Local Borrower or the Private Person or the chairperson of the
governing body of the Local Borrower or the Private Person; and
(III) The Local Borrower and the Private Person are not
"related parties" (within the meaning of Treasury Regulations ~1.150-1(b).
10
(iii) The Local Borrower may treat a Use Contract that does not comply with
one 01' more of the criteria of subparagraph (6)(ii) as not resulting in Private Business
Use of Bond-Financed Property if it delivers to the Corporation and the Department, at
its expense, an opinion of Bond Counsel to the effect that to do so would not adversely
affect the exclusion from gross income of interest on the Applicable Tax-Exempt Bonds
or cause the interest on the Applicable Tax-Exempt Bonds, or any portion thereof, to
become an item of tax preference for purposes of the alternative minimum tax imposed
on individuals and corporations under the Code.
(7) Notwithstanding any provision of this Section 2.02, if the Local Borrower
provides, at the Local Borrower's expense, to the Corporation and the Department an opinion of
Bond Counsel to the effect that any action required under this Section is no longer required, or
to the effect that some further action is required, to maintain the exclusions from gross income
of interest on the Applicable Tax-Exempt Bonds pursuant to Section 103(a) of the Code, the
Local Borrower, the Corporation and the Department may rely conclusively on such opinion in
complying with the provisions hereof, and the covenants hereunder shall be deemed to be
modified to that extent.
(8) All tax warranties, representations, covenants and obligations of the Local
Borrower contained in this Section 2.02 shall remain in effect and be binding upon the Local
Borrower until all of the Applicable Tax-Exempt Bonds have been paid, notwithstanding any
earlier termination of this Agreement or any provision for payment of principal of and
premium, if any, and interest on the outstanding Applicable Tax-Exempt Bonds and release and
discharge of the Indenture.
(9) Amounts deposited from time to time in the Loan Debt Service Account will be
used to pay principal and interest within 13 months after the amounts are so deposited.
(10) The Local Borrower has not established and does not expect to establish or use
any sinking fund, debt service fund, redemption fund, reserve or replacement fund, or similar
fund, or any other fund to pay principal of, interest and any redemption premium on the Loan
other than the Loan Debt Service Account. Except as set forth in the next sentence and except
for money referred to in paragraph (9) above, no other money or investment property
(including, without limitation, fixed income, equity and other investments) is or will be pledged
as collateral or used for the payment of such principal and interest (or for the reimbursement of
any others who may provide money to pay that principal and interest), or is or will be restricted,
dedicated, encumbered, or set aside in any way as to afford the Corporation or holders of the
Applicable Tax-Exempt Bonds reasonable assurance of the availability of such money or
investment property to pay debt service on the Loan or the Applicable Tax-Exempt Bonds.
(11) Except as stated otherwise in this Agreement, no portion of the Loan will be
used:
(i) to pay principal of or interest on, refund, renew, roll over, retire, or
replace any other obligations issued by or on behalf of the Corporation, the Local
Borrower or any other Governmental Unit,
11
(ii) to replace any proceeds of another issue of tax-exempt bonds that were
not expended on the project for which such other issue was issued,
(iii) to replace any money that was or will be used directly or indirectly to
acquire investments,
(iv) to make a loan to any other person or Governmental Unit,
(v) to pay any working capital expenditure other than expenditures
identified in Treasury Regulations 91.148-6(d)(3)(ii)(A) and (B) (i&, issuance costs of the
Applicable Tax-Exempt Bonds, qualified administrative costs, reasonable charges for a
qualified guarantee or for a qualified hedge, interest on the Loan for a period
commencing on the issuance date of the Applicable Tax-Exempt Bonds and ending on
the date that is the later of three years from that issuance date or one year after the date
on which the Project was or will be placed in service, payments of amounts, if any,
pursuant to paragraph (i), and costs, other than those already described, that do not
exceed 5% of the sale proceeds of the Applicable Tax-Exempt Bonds and that are directly
related to capital expenditures financed or deemed financed by the Applicable Tax-
Exempt Bonds), or
(vi) to reimburse any expenditures made prior to the issuance date of the
Applicable Tax-Exempt Bonds except those that qualify as a reimbursement of prior
capital expenditures, based upon an opinion of Bond Counsel, at the expense of the
Local Borrower, delivered to the Department and the Corporation.
(12) The Local Borrower does not intend to sell or otherwise dispose of the Project or
any portion thereof during the term of the Applicable Tax-Exempt Bonds except for dispositions
of property in the normal course at the end of such property's useful life to the Local Borrower.
(13) None of the Semiannual Loan Payments shall be federally guaranteed within the
meaning of Section 149(b) of the Code.
2.03. LEGAL AUTHORIZATION
Upon signing this Agreement, the Local Borrower's legal counsel hereby expresses the
opinion, subject to laws affecting the rights of creditors generally, that:
(1) This Agreement has been duly authorized by the Local Borrower and shall
constitute a valid and legal obligation of the Local Borrower enforceable in accordance with its
terms upon execution by both parties; and
(2) This Agreement specifies the revenues pledged for repayment of the Loan, and
the pledge is valid and enforceable.
2.04. AUDIT AND MONITORING REQUIREMENTS.
The Local Borrower agrees to the following audit and monitoring requirements.
12
(1) The financial assistance authorized pursuant to this Loan Agreement consists of
the following:
Federal Resources, Including State Match, A warded to the Recipient Pursuant to this Agreement
Consist of the Following:
Federal State
Program Federal CFDA Funding Appropriation
Number Agency Number CFDA Title Amount Category
CS120001-090 EPA 66.458 Capitalization $20,000,000 140131
Grants for State
Revolving Funds
(2) Audits.
(a) In the event that the Local Borrower expends $500,000 or more in Federal awards
in its fiscal year, the Local Borrower must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. Subsection 2.04(1) of this
Agreement indicates that Federal funds are awarded through the Department by this
Agreement. ][n determining the Federal awards expended in its fiscal year, the Local Borrower
shall consider all sources of Federal awards, including Federal resources received from the
Department. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
Local Borrower conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this part.
(b) In connection with the audit requirements addressed in the preceding paragraph
(a), the Local Borrower shall fulfill the requirements relative to auditee responsibilities as
provided in Subpart C of OMB Circular A-133, as revised.
(c) If the Local Borrower expends less than $500,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,
is not required. In the event that the Local Borrower expends less than $500,000 in Federal
awards in its fiscal year and elects to have an audit conducted in accordance with the provisions
of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal
resources (Le., the cost of such an audit must be paid from Local Borrower resources obtained
from other than Federal entities).
(d) The Local Borrower may access information regarding the Catalog of Federal
Domestic Assistance (CFDA) via the internet at http://www.cfda.gov /.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by Subsection 2.04(2) of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Local
Borrower directly to each of the following:
(i) The Department at each of the following addresses:
13
Robert E. Holmden, P.E., Chief
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Joe Aita, Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS41
Tallahassee, Florida 32399-3123
(ii) The Federal Audit Clearinghouse designated in OMB Circular A-133, as
revised (the number of copies required by Sections .320 (d)(l) and (2),
OMB Circular A-133, as revised, should be submitted to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(iii) Other Federal agencies and pass-through entities in accordance with
Sections .320(e) and (f), OMB Circular A-133, as revised.
(b) Pursuant to Section .320(f), OMB Circular A-133, as revised, the Local Borrower shall
submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as
revised, and any management letters issued by the auditor, to the Department at the two
addresses listed under Subsection 2.04(3)(a) of this Agreement.
(c) Any reports, management letters, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(d) Local Borrowers, when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the Local Borrower in
correspondence accompanying the reporting package.
(4) Project-Specific Audit.
Within 12 months after the amendment establishing final Project costs, the Local
Borrower shall submit to the Department a Project-specific audit report for the Loan related
revenues and expenditures. The audit shall address Loan disbursements received, Project
expenditures, and compliance with Loan Agreement covenants. The Local Borrower shall cause
the auditor to notify the Department immediately if anything comes to the auditor's attention
14
during the examination of records that would constitute a default under the Loan Agreement.
The audit findings shall set aside or question any costs that are unallowable under Chapter
62-503, Florida Administrative Code. A final determination of whether such costs are allowed
shall be made by the Department.
(5) Record Retention.
The Local Borrower shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of three years from the date the audit report is issued, and
shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to
such records upon request. The Local Borrower shall ensure that audit working papers are
made available to the Department, or its designee, Chief Financial Officer, or Auditor General
upon request for a period of three years from the date the audit report is issued, unless
extended in writing by the Department.
(6) Monitoring.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see audit requirements above), monitoring procedures may include, but not be limited
to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as
revised, and/ or other procedures. By entering into this Agreement, the Local Borrower agrees
to comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the Local
Borrower is appropriate, the Local Borrower agrees to comply with any additional instructions
provided by the Department to the Local Borrower regarding such audit. The Local Borrower
further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer or Auditor General.
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
The Local Borrower shall establish a Loan Debt Service Account with a Depository and
begin making Monthly Loan Deposits no later than the date set forth for such action in Section
10.07 of this Agreement.
Beginning six months prior to each Semiannual Loan Payment, the Local Borrower shall
make six Monthly Loan Deposits. The first five deposits each shall be at least equal to one-sixth
of the Semiarmual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal to the
amount required to make the total on deposit in the Loan Debt Service Account equal to the
Semiannual Loan Payment amount, taking into consideration investment earnings credited to
the account pursuant to Section 3.02.
Any month in which the Local Borrower fails to make a required Monthly Loan Deposit,
the Local Borrower's chief financial officer shall notify the Department of such failure. In
addition, the Local Borrower agrees to budget, by amendment if necessary, from other legally
available non-ad valorem funds all sums becoming due before the same become delinquent.
This requirement shall not be construed to give the Corporation a superior claim on any
15
revenues over prior claims of general creditors of the Local Borrower, nor shall it be construed
to give the Corporation or the Department the power to require the Local Borrower to levy and
collect any revenues other than Pledged Revenues.
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS.
Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the
laws of the State. Such moneys may be pooled for investment purposes. The maturity or
redemption date of investments shall be not later than the date upon which such moneys may
be needed to make Semiannual Loan Payments. The investment earnings shall be credited to
the Loan Debt Service Account and applied toward the Monthly Loan Deposit requirements.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS.
The withdrawal of moneys from the Loan Debt Service Account shall be for the sole
purpose of making the Semiannual Loan Payment or for discharging the Local Borrower's
obligations pursuant to Section 8.01.
3.04. ASSETS HELD IN TRUST.
The assets in the Loan Debt Service Account shall be held in trust for the purposes
provided herein and used only for the purposes and in the manner prescribed in this
Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor of
the Corporation.
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
Project changes prior to bid opening shall be made by addendum to plans and
specifications:. Changes after bid opening shall be made by change order. The Local Borrower
shall submit all addenda and all change orders to the Department for an eligibility
determination. After execution of all construction, equipment and materials contracts, the
Project contingency may be reduced.
4.02. TITLE TO PROJECT SITE.
The Local Borrower shall have an interest in real property sufficient for the construction
and location of the Project free and clear of liens and encumbrances which would impair the
usefulness of such sites for the intended use.
4.03. PERMITS AND APPROVALS.
The Local Borrower shall have obtained, prior to the Department's authorization to
award construction contracts, all permits and approvals required for construction of the Project
or portion of the Project funded under this Agreement.
16
4.04. ENGINEERING SERVICES.
A professional engineer, registered in the State, shall be employed by, or under contract
with, the Local Borrower to oversee construction.
4.05. PROHIBITION AGAINST ENCUMBRANCES.
The Local Borrower is prohibited from selling, leasing, or disposing of any part of the
Sewer System which would materially reduce operational integrity so long as this Agreement,
including any amendment thereto, is in effect unless the written consent of the Department is
first secured.
4.06. COMPLETION MONEYS.
In addition to the proceeds of this Loan, the Local Borrower covenants that it has
obtained, or will obtain, sufficient moneys from other sources to complete construction and
place the Project in operation on, or prior to, the date specified in Article X. Failure of the
Corporation or the Department to approve additional financing shall not constitute a waiver of
the Local Borrower's covenants to complete and place the Project in operation.
4.07. CLOSE-OUT.
The Department shall conduct a final inspection of the Project and Project records.
Following the inspection, deadlines for submitting additional disbursement requests, if any,
shall be established, along with deadlines for uncompleted Loan requirements, if any.
Deadlines shall be incorporated into the Loan Agreement by amendment. The Loan principal
shall be reduced by any excess over the amount required to pay all approved costs. As a result
of such adjustment, the Semiannual Loan Payment shall be reduced accordingly, as addressed
in Section 10.05.
4.08. LOAN DISBURSEMENTS.
Disbursements shall be made only by the Trustee for expenses incurred by the Local
Borrower on or after 60 days before the date of adoption by the Local Borrower of a declaration
of official intent with respect to such expenditure or on or after the issuance date of the Tax-
Exempt Bonds used to fund this Loan, upon receipt of a requisition in the form provided under
the Indenture executed by the Department. Disbursements shall be made directly to the Local
Borrower for allowance costs and reimbursement of the incurred construction costs and related
services. Disbursement of the allowance costs shall be made upon the Department's receipt of a
disbursement request form. Up to seventy percent of the estimated allowance shall be
disbursed after the Loan Agreement is signed. The remainder of the allowance shall be
disbursed after all procurement contracts are executed and shall be adjusted to reflect as-bid
costs. The entire estimated allowance may be disbursed after the Loan Agreement is signed if
the Local Borrower agrees to an allowance adjustment after all contracts have been bid. Loan
disbursements shall be made by electronic means. Disbursements shall be made directly to the
Local Borrower for reimbursement of the incurred construction costs and related services and
technical services during construction. A requisition for disbursements shall be made upon
receipt by the Department of the following:
17
(1) A completed disbursement request form signed by the Authorized
Representative. Such requests must be accompanied by sufficiently itemized summaries of the
materials, labor, or services to identify the nature of the work performed; the cost or charges for
such work; and the person providing the service or performing the work.
(2) A certification signed by the Authorized Representative as to the current
estimated costs of the Project; that the materials, labor, or services represented by the invoice
have been satisfactorily purchased, performed, or received and applied to the Project; that all
funds received to date have been applied toward completing the Project; and that under the
terms and provisions of the contracts, the Local Borrower is required to make such payments.
(3) A certification by the engineer responsible for overseeing construction stating
that equipment, materials, labor and services represented by the construction invoices have
been satisfactorily purchased, or received, and applied to the Project in accordance with
construction contract documents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in compliance
with the contract documents; and identifying all additions or deletions to the Project which
have altered the Project's performance standards, scope, or purpose since the issue of the
Department construction permit.
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the Department.
ARTICLE V - RATES AND USE OF THE SEWER SYSTEM
5.01. RESERVED.
5.02. NO FREE SERVICE.
The Local Borrower shall not permit connections to, or furnish any services afforded by,
the Sewer System without making a charge therefor based on the Local Borrower's uniform
schedule of rates, fees, and charges.
5.03. MANDATORY CONNECTIONS.
The Local Borrower shall adopt, as necessary, and enforce requirements, consistent with
applicable laws, for the owner, tenant or occupant of each building located on a lot or parcel of
land which is served, or may reasonably be served, by the Sewer System to connect such
building to the Sewer System.
5.04. RESERVED.
5.05. MAINTENANCE OF THE SEWER SYSTEM.
The Local Borrower shall operate and maintain the Sewer System in a proper, sound and
economical manner and shall make all necessary repairs, renewals and replacements.
18
5.06. ADDITIONS AND MODIFICATIONS.
The Local Borrower may make any additions, modifications or improvements to the
Sewer System which it deems desirable and which do not materially reduce the operational
integrity of imy part of the Sewer System. All such renewals, replacements, additions,
modifications and improvements shall become part of the Sewer System.
5.07. COLLECTION OF REVENUES.
The Local Borrower shall use its best efforts to collect all rates, fees and other charges
due to it. The Local Borrower shall establish liens on premises served by the Sewer System for
the amount of all delinquent rates, fees and other charges where such action is permitted by
law. The Local Borrower shall, to the full extent permitted by law, cause to discontinue the
services of the Sewer System and use its best efforts to shut off water service furnished to
persons who are delinquent beyond customary grace periods in the payment of Sewer System
rates, fees and other charges.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
Each of the following events is hereby declared an event of default:
(1) Failure to make any Monthly Loan Deposit when it is due and such failure shall
continue for a period of 30 days or failure to make any installment of the Semiannual Loan
Payment when it is due and such failure shall continue for a period of 5 days.
(2) Except as provided in Subsections 6.01(1) and 6.01(7), failure to comply with the
provisions of this Agreement or failure in the performance or observance of any of the
covenants or actions required by this Agreement and such failure shall continue for a period of
60 days after written notice thereof to the Local Borrower by the Deparbnent.
(3) Any warranty, representation or other statement by, or on behalf of, the Local
Borrower contained in this Agreement or in any document, certificate or information furnished
in compliance with, or in reference to, this Agreement, which is false or misleading.
(4) An order or decree entered, with the acquiescence of the Local Borrower,
appointing a receiver of any part of the Sewer System thereof; or if such order or decree, having
been entered without the consent or acquiescence of the Local Borrower, shall not be vacated or
discharged or stayed on appeal within 60 days after the entry thereof.
(5) Any proceeding instituted, with the acquiescence of the Local Borrower, for the
purpose of effecting a composition between the Local Borrower and its creditors or for the
purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or
hereafter enacted, if the claims of such creditors are payable from the Sewer System.
19
(6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against,
the Local Borrower under federal or state bankruptcy or insolvency law now or hereafter in
effect and, if instituted against the Local Borrower, is not dismissed within 60 days after filing.
(7) Failure of the Local Borrower to give immediate written notice of default to the
Department and such failure shall continue for a period of 30 days.
6.02. REMEDIES.
Upon any event of default and subject to the rights of others having prior liens on the
Pledged Revenues, the Department may enforce the rights of the Corporation and the
Department by any of the following remedies:
(1) By mandamus or other proceeding at law or in equity, cause to establish rates
and collect fees and charges for use of the Sewer System, and to require the Local Borrower to
fulfill this Agreement.
(2) By action or suit in equity, require the Local Borrower to account for all moneys
received pursuant to this Agreement or from the ownership of the Sewer System and to account
for the receipt, use, application, or disposition of the Pledged Revenues.
(3) By action or suit in equity, enjoin any acts or things which may be unlawful or in
violation of the rights of the Corporation or the Department.
(4) By applying to a court of competent jurisdiction, cause the appointment of a
receiver to manage the Sewer System, establish and collect fees and charges, and apply the
revenues to the reduction of the obligations under this Agreement.
(5) By certifying to the Auditor General and the Chief Financial Officer delinquency
on Loan repayments, the Department may provide for the payment to the Trustee of the
delinquent amount plus a penalty from any unobligated funds due to the Local Borrower under
any revenue or tax sharing fund established by the State, except as otherwise provided by the
State Constitution. A penalty may be imposed in an amount not to exceed an interest rate of 18
percent per annum on the amount due in addition to charging the cost to handle and process
the debt.
(6) By notifying financial market credit rating agencies and potential creditors.
(7) By suing for payment of amounts due, or becoming due, with interest on
overdue payments together with all costs of collection, including attorneys' fees.
(8) By accelerating the repayment schedule or increasing the Financing Rate on the
unpaid principal of the Loan to as much as 1.667 times the Financing Rate for a default under
Subsection 6.01(1).
20
6.03. DELAY AND WAIVER.
No delay or omission by the Corporation or the Department to exercise any right or
power accruing upon event of default shall impair any such right or power or shall be
construed to be a waiver of any such default or acquiescence therein, and every such right and
power may be exercised as often as may be deemed expedient. No waiver or any default under
this Agreement shall extend to or affect any subsequent event of default, whether of the same or
different provision of this Agreement, or shall impair consequent rights or remedies.
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE CORPORATION.
From and after the effective date of this Agreement, the Corporation shall have a lien on
the Pledged Revenues, which along with any other Corporation State Revolving Fund liens on
the Pledged Revenues, will be prior and superior to any other lien, pledge or assignment with
the following exception. All obligations of the Local Borrower under this Agreement shall be
junior, inferior, and subordinate in all respects in right of payment and security to any
additional senior obligations issued with the Department's consent pursuant to Section 7.02.
Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor
of the Corporation if the Department makes a determination, based upon facts deemed
sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year,
equal or exceed 1.20 times the debt service coming due in each Fiscal Year under the terms of
this Agreement.
7.02. ADDITIONAL DEBT OBLIGATIONS.
The Local Borrower may issue additional debt obligations on a parity with, or senior to,
the lien of the Corporation on the Pledged Revenues provided the Department's written
consent is obtained. Such consent shall be granted if the Local Borrower demonstrates at the
time of such issuance that the Pledged Revenues, which may take into account reasonable
projections of growth of the Sewer System and revenue increases, plus revenues to be pledged
to the additional proposed debt obligations will, during the period of time Semiannual Loan
Payments are to be made under this Agreement, equal or exceed 1.20 times the annual
combined debt service requirements of this Agreement and the obligations proposed to be
issued by the Local Borrower and will satisfy the coverage requirements of all other debt
obligations secured by the Pledged Revenues.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
All payments required to be made under this Agreement shall be cumulative and any
deficiencies in any Fiscal Year shall be added to the payments due in the succeeding Fiscal Year
and all Fiscal Years thereafter until fully paid. Payments shall continue to be secured by this
Agreement until all of the payments required shall be fully paid to the Corporation. If at any
time the Local Borrower shall have paid, or shall have made provision for the timely payment
of, the entire principal amount of the Loan, and as applicable, Loan Service Fee, interest, and
21
Grant Allocation Assessment charges, the pledge of, and lien on, the Pledged Revenues to the
Corporation shall be no longer in effect. Deposit of sufficient cash or Defeasance Obligations
may be made to effect defeasance of this Loan. However, the deposit shall be made in
irrevocable trust with a banking institution or trust company for the sole benefit of the
Corporation or its assignees and shall be subject to approval by the Corporation. There shall be
no penalty imposed by the Corporation for early retirement of this Loan.
8.02. PROJECT RECORDS AND STATEMENTS.
Books, records, reports, engineering documents, contract documents, and papers shall
be available to the authorized representatives of the Corporation, the Department and the U.S.
Environmental Protection Agency's Inspector General for inspection at any reasonable time
after the Local Borrower has received a disbursement and until three years after the date that
the Project-specific audit report, required under Subsection 2.04(4), is issued.
8.03. ACCESS TO PROJECT SITE.
The Local Borrower shall provide access to Project sites and administrative offices to
authorized representatives of the Corporation and the Department at any reasonable time. The
Local Borrower shall cause its engineers and contractors to cooperate during Project
inspections, including making available working copies of plans and specifications and
supplementary materials.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Local Borrower hereby expressly acknowledges that the Loan and all payments of
principal and interest thereon, and all proceeds thereof, but excluding the Loan Service Fee,
have been pledged and assigned to the Trustee under the Indenture as security for the payment
of principal of, premium, if any, and interest on the Bonds and the Trustee shall be entitled to
act hereunder, and by the execution of this Agreement the Local Borrower in all respects
consents to such assignment. The Corporation, the Department and the Trustee may further
assign all or any parts of their rights under this Agreement without the prior consent of the
Local Borrower after written notification to the Local Borrower. The Local Borrower shall not
assign its rights and obligations under this Agreement without the prior written consent of the
Department.
8.05. AMENDMENT OF AGREEMENT.
This Agreement may be amended in writing, except that no amendment shall be
permitted which is inconsistent with any applicable statutes, rules, regulations, executive
orders, or written agreements between the Department and the u.s. Environmental Protection
Agency. This Agreement may be amended after all construction contracts are executed to re-
establish the Project cost, Loan amount, Project schedule, and Semiannual Loan Payment
amount. A final amendment establishing the final Project costs and the Loan Service Fee based
on actual Project costs shall be completed after the Department's final inspection of the Project
records.
22
8.06. ANNULMENT OF AGREEMENT.
The Corporation, in consultation with the Department, may unilaterally annul this
Agreement if the Local Borrower has not drawn any of the Loan proceeds within twelve months
after the effective date of this Agreement. If the Corporation unilaterally annuls this
Agreement, the Corporation will provide written notification to the Local Borrower.
8.07. SEVERABILITY CLAUSE.
If any provision of this Agreement shall be held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had
not been contained herein.
ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS.
The following documentation is required to receive the Department's authorization to
award construction contracts:
(1) Proof of advertising.
(2) Award recommendation, bid proposal, and bid tabulation (certified by the
responsible engineer).
(3) Certification of compliance with the conditions of the Department's approval of
competitively or non-competitively negotiated procurement, if applicable.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS.
After the Department's authorization to award construction contracts has been received,
the Local Borrower shall submit:
(1) Contractor insurance certifications.
(2) Certified copy of the Local Borrower's award resolution.
(3) Notices to proceed with construction.
9.03. INSURANCE REQUIRED.
The Local Borrower shall cause the Project, as each part thereof is certified by the
engineer responsible for overseeing construction as completed, and the Sewer System (hereafter
referred to as "Revenue Producing Facilities") to be insured by an insurance company or
companies licensed to do business in the State against such damage and destruction risks as are
customary for the operation of Revenue Producing Facilities of like size, type and location to the
extent such insurance is obtainable from time to time against anyone or more of such risks.
23
The proceeds of insurance policies received as a result of damage to, or destruction of,
the Project or the other Revenue Producing Facilities, shall be used to restore or replace
damaged portions of the facilities. If such proceeds are inSufficient, the Local Borrower shall
provide additional funds to restore or replace the damaged portions of the facilities. Repair,
construction or replacement shall be promptly completed.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
The estimated principal amount of the Loan is $20,134,400, which consists of $20,000,000
to be disbursed to the Local Borrower and $134,400 of Capitalized Interest.
Capitalized Interest is not disbursed to the Local Borrower, but is amortized via periodic
Loan repayments as if it were actually disbursed. Capitalized Interest is computed at the
Financing Rate, or rates, set for the Loan. It accrues and is compounded annually from the time
when disbursements are made until six months before the first Semiannual Loan Payment is
due. Capitalized Interest is estimated prior to establishing the schedule of actual
disbursements.
If the total amount disbursed within eighteen months after the effective date of this
Agreement is less than half of the Loan proceeds amount authorized for disbursement, the
Department may unilaterally reduce the amount authorized for disbursement. Such a
reduction would not affect the total authorized Loan amount.
This project is a Segmented Project. Additional State Revolving Fund financing for the
Project is dependent upon the availability of additional funds. The current funding limitations
and future funding priority entitlement for Segmented Projects are set forth in the Chapter
62-503 of the Florida Administrative Code.
10.02. LOAN SERVICE FEE.
The Loan Service Fee is estimated as $400,000 for the Loan amount authorized to date.
The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two
percent of $20,000,000. The Loan Service Fee amount shall be revised with any increase or
decrease amendment. The Loan Service Fee is based on actual Project costs and assessed in the
final amendment. The Local Borrower shall pay the Loan Service Fee from the first available
repayments following the final amendment.
Capitalized Interest is computed on the assessed Loan Service Fee at the Financing Rate,
or rates and imcluded in the final amendment. It accrues and is compounded annually from the
final amendment date until six months before the first Semiannual Loan Payment is due. A
service fee assessed in a final amendment occurring later than six months before the first
Semiannual Loan Payment date would not accrue Capitalized Interest charges.
24
10.03. FINANCING RATE.
The Financing Rate on the unpaid principal of the Loan amount specified in
Section 10.01 is 2.71 percent per annum. The Financing Rate equals the sum of the interest rate
and the Grant Allocation Assessment Rate. The interest rate is 1.355 percent per annum and the
Grant Allocation Assessment rate is 1.355 percent per annum. However, if this Agreement is
not executed by the Local Borrower and returned to the Department before October 1, 2009, the
Financing Rate may be adjusted. A new Financing Rate shall be established for any funds
provided by amendment to this Agreement.
10.04. LOAN TERM.
The Loan shall be repaid in 40 Semiannual Loan Payments.
10.05. REPAYMENT SCHEDULE.
The Semiannual Loan Payment shall be computed based upon the principal amount of
the Loan plus the estimated Loan Service Fee and the principle of level debt service. The
amount of Loan proceeds authorized for disbursement and associated Capitalized Interest will
be treated as the Loan principal for computing the Semiannual Loan Payment. The Semiannual
Loan Payment amount may be adjusted, by amendment of this Agreement, based upon revised
information. After the final disbursement of Loan proceeds, the Semiannual Loan Payment
shall be based upon the actual Project costs and the Loan Service Fee, and actual dates and
amounts of disbursements, taking into consideration any previous payments. Actual Project
costs shall be established after the Department's inspection of the completed Project and
associated records. The Corporation will deduct the Loan Service Fee and all associated interest
from the first available repayments following the final amendment.
Each Semiannual Loan Payment shall be in the amount of $668,374 until the payment
amount is adjusted by amendment. The interest and Grant Allocation Assessment portions of
each Semiannual Loan Payment shall be computed, using their respective rates, on the unpaid
balance of the principal amount of the Loan, which principal includes Capitalized Interest.
Interest (at the Financing Rate) also shall be computed on the estimated Loan Service Fee. The
interest and Grant Allocation Assessment on the unpaid balance shall be computed as of the
due date of each Semiannual Loan Payment.
Semiannual Loan Payments shall be paid to, and must be received by, the Trustee
beginning on September 15, 2010 and semiannually thereafter on March 15 and September 15 of
each year until all amounts due hereunder have been fully paid. Funds transfer shall be made
by electronic means.
The Semiannual Loan Payment amount is based on the total amount owed of
$20,534,400, which consists of the Loan principal and the estimated Loan Service Fee.
10.06. PROJECT COSTS.
The Local Borrower, the Corporation and the Department acknowledge that the actual
Project costs have not been determined as of the effective date of this Agreement. Project cost
25
adjustments may be made as a result of Project changes agreed upon by the Department.
Capitalized Interest will be recalculated based on actual dates and amounts of Loan
disbursements. If the Local Borrower receives other governmental financial assistance for this
Project, the costs funded by such other governmental assistance will not be financed by this
Loan. The Department shall establish the final Project costs after its final inspection of the
Project records. Changes in Project costs may also occur as a result of the Local Borrower's
Project audit or a Department audit. The Local Borrower agrees to the following estimates of
Project costs:
PROJECT COSTS
CATEGORY
COST($)
1,565,972
19,005,012
950,251
1,300,000
22,821,235
134,400
22,955,635
AUTHORIZED LOAN
AMOUNT($) TO DATE
Line items
may vary
based on Actual
Disbursements
20,000,000
134,400
20,134,400
Allowance costs
Construction and Demolition
Contingencies
Technical Services After Bid Opening
Subtotal (Disbursable Amount)
Capitalized Interest
TOTAL (Loan Principal Amount)
10.07. PROJECT SCHEDULE.
The Local Borrower agrees by execution hereof:
(1) Completion of Project construction is scheduled for March 15, 2010.
(2) The Loan Debt Service Account shall be established and Monthly Loan Deposits
shall begin no later than March 15, 2010.
(3) The initial annual certification required under Subsection 2.01(10) of this
Agreement shall be due June 15, 2010. Thereafter the certification shall be submitted no later
than September 30 of each year until the final Semiannual Loan Payment is made.
(4) The first Semiannual Loan Payment in the amount of $668,374 shall be due
September 1~), 2010.
10.08. SPECIAL CONDITIONS.
Prior to the release of any funds, the Local Borrower shall submit a certified copy of a
Resolution which shall authorize the application, establish the Pledged Revenues and establish
an Authorized Representative for signing the application and executing the Loan agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
26
ARTICLE XI - EXECUTION OF AGREEMENT
This Loan Agreement WW602090 shall be executed in three or more counterparts, any of
which shall be regarded as an original and all of which constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Corporation has caused this Agreement to be executed on
its behalf by its Chief Executive Officer and the Local Borrower has caused this Agreement to be
executed on :its behalf by its Authorized Representative and by its affixed seal. The effective
date of this Agreement shall be as set forth below by the Chief Executive Officer of the
Corporation.
for
IDA WATER POL UTION CONTROL FINANCI
Officer
B.
~ for
~ a~/. r-..) ...."
f:t MONROE COUNTY 25 ~ ~ r-
~Q~: ~ ~
~s.oew.y Chhld~~o!!~titers ~~~ ~ ~
AUG 1 9 l009 ~.o~ 3 ~
DANNY L. KOLHAGE, Clerk I attest to the opinion expres~~cti9n ~
2.03/ entitled Legal Authorizafibn. ~ 10
Attest
C?~ D.~.
County Clerk
SEAL
~~ ~~?
~-:nty Attorney.
APPROVED AND ACCEPTED BY THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTALPROTECTlON'/yf C
Deputy Director
Division of Water Resource Management
27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Datt;~: May 19.. 2010
Division: County Administrator
Bulk Item: y" es
No ---X-
Department: Wastewater
S1affContoctPeISJIVPhone#Eli2abedt WOOO 305-2924525
AGENDA Il~EM WORDING: Approval ofa professional services contract for $4,750 with
Meridian Cornmunity Services Group, Inc. for the preparation and submittal of the FYY09 and FYYI0
Small Cities <:ommunity Block Development Grant (CDBG) application based on the Monroe County
Purchasing Policy sole source exemption.
ITEM BACKGROUND: The July 12, 2010 deadline for the Small Cities application does not allow
adequate time: for competitive solicitation for professional services to prepare the grant and identify
additional requirements such as the specific timing of the Community Advisory Task Force meeting in
relation to the advertisement for the second public hearing. The Disaster Recovery Community
Development Block Grant for $2,488,963 provides special consideration to storm damaged homes over
sewer laterals and is available to qualified residents county wide (includes municipalities). Based on
the UNC Cha]pel Hill Environmental Finance Center Needs Assessments, over 7,000 households exist
in county wid,e that earn less than $35,000. Based on the number of households identified, it is
anticipated that funding assistance in addition to the Disaster Recovery Community Development
Block Grant is needed.
PREVIOUS RELEVANT BOCC ACTION: On February 17, 2010, the Baec granted approval to
hold and advertise hearings required for participation in the CDBG small cities program.
CONTRACT/AGREEMENT CHANGES: NA
STAFF REC4JMMENDATIONS: Approval.
TOTAL COS'T:
$4..570
BUDGETED: Yes
No _X_
COST TO C()UNTY:_$4,750
SOURCE OF FUNDS: Big Coppitt and
Key Largo MSTU
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENT.A TION:
Included X
Not Required_
AGENDA ITEM # L- ~
DISPOSITION:
Revised 11/06
AGREEMENT FOR
CONSULTING SERVICES
for
Small Cities Community Block Development Grant
FFY 2009 and FFY 2010 Grant Application Services
This Agreement ("AgreemenfJ) made and entered into this 19 day of May, 2010
by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Aorida, 33040, its successors and
assigns, hereinafter referred to as I.COUNTY, II through the Monroe County Board of
County Commissioners ("SOeeD),
AND
Meridian Community Services Group, Inc. a corporation of the State of Florida,
whose address is P.O.Box 13408, Tallahassee, FL 32317 its successors and assigns,
hereinafter referred to as "CONSULTANT",
WITNESSETH:
'WHEREAS, COUNTY desires to employ the professional services of
CONSLfL T ANT for Grant Application Services; and
'NHEREAS. CONSULTANT has agreed to provide professional services which
shall include but not be limited to preparing the Small Cities Community Development
Block Grant application, identifying actions required by County prior to application
submittal, recommending actions necessary for preparation of the most competitive
application, and making presentations at required public meetings, which services shall
collectively be referred to as the "the Project";
r~ow, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 '-he CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
C:ONSUL TANT'S duties hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Scope of Work and information
sources available to complete the work.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement
in such a manner that they shall be accurate, coordinated and adequate for use
in the Project and shall be in conformity and comply with all applicable law, codes
and regulations.
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, the CONSULTANT shall
abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of such services, including those now in effect and
hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the CONSULTANT or any of his!her employees.
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
1.1.7 'The CONSULTANT shall not discriminate against any person on the basis of
race, creed, color, national origin, sex, age, or any other characteristic or aspect
'which is not job related, in its recruiting, hiring, promoting, terminating, or any
,other area affecting employment under this agreement or with the provision of
:services or goods under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 IJEFINITION
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A.
The CONSULTANT shall commence work on the services provided for in Attachment A
promptl~, upon receipt of an executed agreement from the COUNTY.
2.2 C:ORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shalll without additional compensation, promptly correct any errors,
omissions. deficiencies, or conflicts in the work product of the CONSULTANT or its
subcons;ultants. or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the
COUNTY by certified mail, return receipt requested, to the following:
Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2..205
Key West, Florida 33040
And: Elizabeth A. Wood
Monroe County Senior Administrator, Sewer Projects
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Consultant:
Usa A. Blair
Meridia,n Community Services Group, Inc.
P.O.Bo.x 13408
Tallahassee, FL 32317
ARTICLE III
ADDITIONAL SERVICES
3.1 .The services described in this Article III are not included in the Basic Scope of
:Services. They shall be paid for by the COUNTY as an addition to the
<<::ompensation paid for the Basic Scope of Services but only if approved for by
the COUNTY before commencement, and are as follows:
/1\. Providing any other services not otherwise included in this Agreement
I~. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
3.2 I" Additional Services not otherwise included in this Agreement, are required,
s~uch as those listed above, the COUNTY shall issue a letter requesting and
(Iascribing the requested services to the CONSULTANT. The CONSULTANT
shall respond with a fee proposal to perform the requested services. Only after
rl9ceiving an amendment to the Agreement and a notice to proceed from the
(~OUNTY, shall the Consultant proceed with the Additional Services.
ARTICLE IV
COUNTV1S RESPONSIBiliTIES
4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf
with respect to the Project. The COUNTY or its representative shall render
decisions in a timely manner pertaining to documents submitted by the
CONSULTANT in order to avoid unreasonable delay in the orderly and
sequential progress of the CONSULTANT'S services.
4.2 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to
have been duly served if sent pursuant to paragraph 2.3.
4.3 'The COUNTY shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the CONSULTANT'S services and work of the contractors.
4.4 "The COUNTY's review of any documents prepared by the CONSULTANT or its
~:;ubconsultants shall be solely for the purpose of determining whether such
documents are generally consistent with the COUNTY's criteria, as, and if,
Inodified. No review of such documents shall relieve the CONSULTANT of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
'Nork product.
4.5 -rhe COUNTY shall provide copies of necessary documents required to complete
the work.
4.6 l\ny information that may be of assistance to the CONSULTANT that the
(~OUNTY has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all
claims 'for bodily injury. including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses. damages, and
expenses of any kind. including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by CONSULTANT or its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers,
employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Consultant's failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delay. Should any claims be asserted against COUNTY
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the
County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the COUNTY's behalf.
The 'first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service
concerning the project. At the time of execution of this Agreement, the parties anticipate
that the following named individuals will perform those functions as indicated:
NAME
FUNCTION
IJsa Blair
President/CEO
C~alvin Knowles
Vice President
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 '-he COUNTY shall pay the CONSULTANT in current funds for the
C:ONSUL TANT'S performance of this Agreement based on rates and schedule
negotiated and agreed upon and shown in Attachment B.
7.1.2 Frates shown in attachment B are inclusive of reimbursable expenses
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties. obligations and
responsibilities set forth herein. the CONSULTANT shall be paid pursuant to the
Florida Prompt Payment Act.
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this Agreement after execution of
this Agreement, compensation due to the CONSULTANT shall be
equitably adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement. the
CONSULTANT shall submit. unless otherwise agreed in writing by the
COUNTY. a proper invoice to COUNTY requesting payment for services
properly rendered. The CONSULTANT'S invoice shall describe with
reasonable particularity the service rendered. The CONSULTANT'S
invoice shall be accompanied by such documentation or data in support
of expenses for which payment is sought at the COUNTY may require.
7.4 JBUDGET
7.4.1 .rhe CONSULTANT may not be entitled to receive, and the COUNTY is not
t)bligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNT'fs Board of
(~ounty Commissioners. The budgeted amount may only be modified by an
ciffJrmative act of the COUNT'fs Board of County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is
(:ontingent upon an annual appropriation by the Board of County Commissioners
~lnd the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE VIII
INSURANCE
8.1 111e CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
ctf the project (to include the work of others) is delayed or suspended as a result
Ctf the CONSULTANT'S failure to purchase or maintain the required insurance.
the CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
8.2 l.he coverage provided herein shall be provided by an insurer with an A.M. Best
rating of VI or better. that is licensed to business in the State of Florida and that
has an agent for service of process within the State of Florida. The coverage
shall contain an endorsement providing sixty (60) days notice to the COUNTY
prior to any cancellation of said coverage. Said coverage shall be written by an
insurer acceptable to the COUNTY and shall be in a form acceptable to the
C:QUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and off8ite
operations, and owned, hired or non-owned vehicles, with One Hundred
Thousand ($100,000) per occurrence and combined single limit.
D. Commercial general liability, including Personal Injury Uability, covering
claims for injuries to members of the public or damage to property of others
arising out of any covered act or omission of the CONSULTANT or any of its
employees, agents or subcontractors or subconsultants, including Premises
and/or Operations. Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Blanket Contractual
Uability Endorsement with Three Hundred Thousand ($300,000.00) per
occurrence and combined single limit.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported must extend for a minimum of 48 I
months following the termination or expiration of this contract.
E:. Professional liability insurance of Two Hundred and Fifty Thousand
($250.000.00) per occurrence and Five Hundred Thousand Dollars
($500,000.00) annual aggregate. If the policy is a "claims made" policy,
CONSULTANT shall maintain coverage or purchase a "tail" to cover claims
made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statutes.
F=. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
(3. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this Agreement.
COUNTY will not pay for increased limits of insurance for subconsultants.
1-1. CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance pOlicies including those naming the COUNTY as an
additional insured. The COUNTY reserves the right to require a certified copy
of such policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required to
submit updated financial statements from the fund upon request from the
COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents and deliverables prepared by the CONSULTANT for this Project
belong to the COUNTY and may be reproduced and copied without
.acknowledgement or permission of the CONSULTANT.
9.3 :SUCCESSORS AND ASSIGNS
-The CONSULTANT shall not assign or subcontract its obligations under this
c:lgreement. except in writing and with the prior written approval of the Board of
(~ounty Commissioners for Monroe County and the CONSULT ANT, which
~!pproval shall be subject to such conditions and provisions as the Board may
<:teem necessary. This paragraph shall be incorporated by reference into any
cissignment or subcontract and any assignee or subcontractor shall comply with
all of the provisions of this agreement. Subject to the provisions of the
iimmediately preceding sentence, each party hereto binds itself. its successors,
~lssigns and legal representatives to the other and to the successors, assigns
clnd legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
~~othing contained herein shall create any relationship, contractual or otherwise,
vvith or any rights in favor of, any third party.
9.5 l-ERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any
aspect of service, the COUNTY shall have the right to terminate this
agreement after five days written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by
giving the other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I-IX) and attachments AlB and modifications made after
execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONSULTANT
will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any
goods or services to a public entity. may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from
COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has
Ibeen no determination. based on an audit, that it or any subconsultant has
committed an act defined by Section 287.133. Florida Statutes. as a "public entity
t~rimeJ' and that it has not been formally charged with committing an act defined
t:lS a tlpublic entity crime" regardless of the amount of money involved or whether
(~ONUSULTANT has been placed on the convicted vendor list.
~=ONSULTANT will promptly notify the COUNTY If it or any subcontractor or
~subconsultant is formally charged with an act defined as a "public entity
c:rime" or has been placed on the convicted vendor list
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
Elccepted accounting principles consistently applied. Records shall be retained
for a period of five years from the termination of this agreement Each party to
this Agreement or its authorized representatives shall have reasonable and
tJimely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following
the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CONSULTANT pursuant to this Agreement
V\/ere spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State. In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of this Agreement, COUNTY
and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe
County, Florida, in the appropriate court or before the appropriate administrative
body. This agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, cqvenant, condition and provision of this
~~greement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants. conditions and
provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
J\greement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
9.11 J~TTORNEY'S FEES AND COSTS
lrhe COUNTY and CONSULTANT agree that in the event any cause of action or
cldministrative proceeding is initiated or defended by any party relative to the
E~nforcement or interpretation of this Agreement. the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-ot-pocket expenses in
slppellate proceedings.
9.12 BINDING EFFECT
'-he terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the COUNTY and CONSULTANT and their respective
h~gal representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
,attempted to be resolved by meet and confer sessions between representatives
lof each of the parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County CommIssioners. If the issue or issues are
~still not resolved to the satisfaction of the parties, then any party shall have the
I~ight to seek such relief or remedy as may be provided by this Agreement or by
1=lorida law. This provision does not negate or waive the provisions of paragraph
~~.5 concerning termination or cancellation.
9.16 t=OOPERATION
In the event any administrative or legal proceeding is Instituted against either
party relating to the formation, execution, performance, or breach of this
)~greement. COUNTY and CONSULTANT agree to participate, to the extent
'required by the other party, in all proceedings. hearings, processes. meetings,
~lnd other activities related to the substance of this Agreement or provision of the
services under this Agreement. COUNTY and CONSULTANT specifically agree
that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
9.17 NONDISCRIMINATION
(~ONSUL T ANT and COUNTY agree that there will be no discrimination against
8lny person, and it is expressly understood that upon a determination by a court
olf competent jurisdiction that discrimination has occurred, this Agreement
alutomatically terminates without any further action on the part of any party,
effective the date of the court order. CONSULTANT or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as
a.pplicable, relating to nondiscrimination. These include but are not limited to: 1)
lOitle VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education
A~mendment of 1972, as amended (20 use SSe 1681-1683, and 1685-1686),
,^,hich prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 use ss. 6101-6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, S8. 523 and 527 (42 use SSe 690dd-3 and 290ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
8) Title VIII of the Civil Rights Act of 1968 (42 use s. at seq.), as amended,
relating to nondiscrimination in the sale. rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any
other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to. or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest.
and shall not acquire any interest, which would conflict in any manner or degree
'with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
~COUNTY agrees that officers and employees of the COUNTY recognize and will
be required to comply with the standards of conduct for public officers and
~3mployees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
~rhe CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person. other than a bona fide employee
\~orking solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation. individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
c)r other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision. the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS
l"he CONSULTANT and COUNTY shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the CONSULTANT and COUNTY in
connection with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers. compensation,
and other benefits which apply to the actMty of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the
ICOUNTY shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as. relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance m.ay be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authoriZing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them. of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the
CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the
COUNTY or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entiUements or benefits under this Agreement
separate and apart, inferior to. or superior to the community in general or for the
purposes contemplated in this Agreement
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT
shall act as the execution of a truth in negotiation certificate stating that wage
rates and other factual unit costs supporting the compensation pursuant to the
Agreement are accurate, complete, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following
the end of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE. Clerk
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
(Seal)
Attest:
CONSULTANT
BY:
By:
Title:
Title:
" .
END OF AGREEMENT
tV10NROE COUNTY ATTORNEY
: ....-
co~t. dh
[),:;(,) _. .J/'I f ',I (J
APPENDIX A
The Consultant wUI be responsible for preparing and submitting the FYY09 FYY10 Small
Cities Community Development Block Grant application and supporting
forms/documentation to DCA; developing a Housing Assistance Plan: identifying actions
required by County prior to application submittal (i.e. community participation hearings);
recommending actions necessary for preparation of the most competitive application,
and making presentations at required public meetings.
APPENDIX B
The fixed fee price for the project is $4,500. Payment schedule is 50% after presentation
and second hearing and 50% upon notice from DCA that a complete application has
been received.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Datt:: 5/19/10
Division: Administrator
Bulk Item: Y'"es No ~
Department: Wastewater
Staff Contact Person/Phone #: Elizabeth W ood/292-4525
~GENDA ITEM WORDING: Approval to hold and advertise a Fair Housing Information Meeting
to enhance Srnall Cities Community Block Development Grant (CDBG) application points.
ITEM BACKGROUND: The CDBG grant application is competitive and awards are based on how
an applicatiorl scores within the following three categories: Community Wide Needs Score (maximum
250 points); I)roject Impact, Scope of Work, Low- to Moderate (LMI) Benefit (maximum 650 points);
and Outstanding Performance in Equal Opportunity and Fair Housing (maximum 100 points).
PREVIOUS RELEVANT BOCC ACTION: On February 17,2010 the BOCC granted approval to
hold and ad"ertise hearings required for participation in the Small Cities CDBG program. On
November 18:,2009, the BOCC approved a resolution requesting a DCA administrative rule hearing to
propose that the Small Cities CDBG application scoring methodology be updated to provide
appropriate emphasis on activities consistent with wastewater management standards mandated in
Chapter 99-395 Laws of Florida.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval.
TOTAL COS,T: $750_ INDIRECT COST:
BUDGETED: Yes
No-X-
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO C()UNTY:
SOURCE OF FUNDS: Big Coppitt and KL MSTUs
REVENUE P:RODUCING: Yes
No
X AMOUNTPERMONTH_ Year
APPROVED :OY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required
- L5
AGENDA ITEM #
DISPOSITIOJN:
Revised 7/09
FAIR HOUSING PUBLIC INFORMATION MEETING
Monroe C:ounty will conduct a Fair Housing meeting on June 16, 2010 during a regular
County Commission meeting which begins at _:00 at the Monroe County [Insert
address of meeting place]. This meeting is intended to provide the public with
information concerning fair housing requirements. Anyone interested in understanding
the importance of fair housing should attend.
A FAIR HOUSING/EQUAL OPPORTUNITY/HANDICAP ACCESS JURISDICTION