94DB-19-11-54-01-H05 01/20/1994� •M
MAk 1 4 1994
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E NTERVI E W DRIVE T A L L A H A S S E E, FLORIDA 3 2 3 9 9- 2 1 00
LAWTON CHILES March 2, 1994 LINDA LOOMIS SHELLEY
Governor Secretary
The Honorable Jack London
Chairman, Monroe County
500 Whitehead Street
Key West, Florida 33040
RE: Community Development Block Grant Award
Contract Number 94DB-19-11-54-01-H05
Dear Chairman London:
We are pleased to return your fully executed Community
Development Block Grant (CDBG) Award Agreement with the
Department of Community Affairs. Please retain this agreement in
your official CDBG program files and make it available for public
review.
Pursuant to the agreement, no project costs may be incurred
or obligated beyond an initial administrative cost of $5,000,
until such time as the Environmental Review Process has been
completed and the Department has approved the Removal of
Environmental Conditions and Release of Funds. You may proceed
to incur and obligate administrative costs not to exceed $5,000,
pursuant to the agreement, to cover the environmental review and
other startup costs. Please note, however, the Department cannot
process any request for funds for an amount less than $5,000.00
unless it is the last payment on the contract.
You will also find enclosed a copy of the Department's
technical memorandum on Procurement of Professional Services in
the Administration of the CDBG Program, dated February 27, 1990.
Please read this carefully so as to avoid any problems in
contracting for professional services. This will be monitored by
the Department in the future, and should any violation be
detected, it could result in a finding of questioned costs under
your grant.
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
The Honorable Jack London
Page Two
The Department will be providing you with copies of the new
Request for Funds Form and Minority Business Enterprise Report
Form at the upcoming Implementation Workshop to be held March 15-
17, 1994. Until March 31, 1994, you may use the existing Request
For Funds Form for your first draw of $5,000 in costs associated
with your Environmental requirements. After that date, all
Requests For Funds, including the first draw if it has not yet
been made, must be on the revised Forms and be accompanied by a
completed Minority Business Enterprise Form. Training on the use
of these new forms will be provided at the Implementation
Training Workshop.
Your award agreement may also contain additional performance
related conditions or thresholds that must be met before funds
for actual construction may be drawn. Please review your
agreement and begin the process of meeting these conditions to
avoid future funding delays in your project.
We look forward to working with you in the successful
completion of your grant activities. Our staff is available to
provide technical assistance, as required, throughout the
contract period. Should you desire such assistance or have any
questions, please contact your Community Assistance Consultant,
Ms. Brenda Garland, at (904) 487-3644.
Sincerely,
Thomas A. Pierce, Chief
Bureau of Community
Development
TP/rt
Enclosures
Contract Number: 94DB-19-11-54-01-H05
CFDA Number: 14.219
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the Monroe County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does agree
to perform as described herein, and
WHEREAS, the Department has determined that the Recipient has successfully competed for
a Community Development Block Grant (hereinafter referred to as "CDBG"), and
The Department has authority pursuant to Sections 290.0401 - 290.049, Fla. Stat., to disburse
the grant funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations In accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, Including but not ILnited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon the date last signed and shall end twenty-four (24)
months after signature, unless terminated earlier In accordance with the provisions of paragraphs
(7) or (9) of this Agreement.
(4) MODIFICATION OF CONTRACT.
Either party may request modification of the provisions of this Agreement pursuant to
Rule Chapter 9B43, Fla. Admin. Code. Changes which are mutually agreed upon shall be valid
only when reduced to writing, duly signed by each of the parties hereto, and attached to the
original of this Agreement.
(5) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to
ensure that time schedules are being met, the Budget and Scope of Work is being accomplished
_within specified time periods, and other performance goals are being achieved. Such review shall
be made for each function, or activity set forth in Attachment A t
this Agreement and the Recipient's Activity 1,brk Plans, r��D
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(6) LIABILITY.
The Recipient shall be solely responsible to parties with whom It shall deal in
carrying out the terms of this Agreement and shall save the Department harmless against all claims
of whatever nature by third parties arising out of the performance of work 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.
(7) DEFAULT; REMEDIES; •TERMINATION.
(a) If any of the following events occur ("Events of Default"), all obligations on the
part of the Department to make any further payment of funds hereunder shall, if the Department so
elects, terminate and, the Department may at its option exercise any of its remedies set forth
herein, but the Department may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement
or any previous Agreement with the Department shall at any time be false or misleading In any
respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants
contained In this Agreement or any previous agreement with the Department and has not cured
such in timely fashion, or Is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in
any reports riled or to be riled with the Department, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the
Department;
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or Insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any
of the services required under the Budget and Scope of Work attached hereto as "Attachment A;"
5. If the necessary funds are not available to fund this agreement as a result
of action by the Legislature, the Office of the Comptroller or the Office of Management and
Budgeting.
(b) Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to timely cure,
exercise any one or more of the following remedies, either concurrently or consecutively, and the
pursuit of any one of the following remedies shall not preclude the Department from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least
fifteen (15) days prior written notice of such termination. The notice shall be effective when
placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -
return receipt requested, to the address set forth in paragraph (8) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
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4. Exercise any corrective or remedial actions, to include but not be limited
to, requesting additional information from the Recipient to determine the reasons for or the extent
of non-compliance or lack of performance, issuing a written warning to advise that more serious
measures may be taken if the situation is not corrected, advising the Recipient to suspend,
discontinue or refrain from Incurring costs for any activities in question or requiring the Recipient
to reimburse the Department for the amount of costs incurred for any items determined to be
Ineligible;
S. Exercise any other rights or remedies which may be otherwise available
under law.
(c) The Department may terminate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to,
misrepresentation in the grant application, 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 permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final Department action under Chapter
120, Fla. Stat., as amended. Notification of suspension or termination shall Include notice of
administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the
extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such
time as the exact amount of damages due the Department from the Recipient is determined.
(8) 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 and said notification attached to the original of this Agreement.
Agreement is:
(b) The Department contract manager for this Agreement is:
Community Program Administrator
Bureau of Community Development
(c) The Representative of the Recipient responsible for the administration of this
Roger Braun, Director
Sper-ial rams Office
onroe County Housing Authority
(d) In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will
be rendered as provided in (8)(a) above.
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(9) OTHER PROVISIONS.
(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, or any
Participating Party in this Agreement, In the Application, in any subsequent submission or response
to Department request, or In any submission or response to fulfill the requirements of this
Agreement, and such information, representations, and materials are incorporated by reference.
The lack of accuracy thereof or any material changes shall, at the option of the Department and
with thirty (30) days written notice to the Recipient and the Participating Party, cause the
termination of this Agreement and the release of the Department from all its obligations to the
Recipient or any Participating Party.
(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 lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient or any Participating Party shall affect or extend or
act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent
exercise of the same right or remedy by the Department for any further or subsequent default by
the Recipient or any Participating Party. Any power of approval or disapproval granted to the
Department under the terms of this Agreement shall survive the terms and life of this Agreement as
a whole.
(d) The Agreement may be executed in any number of counterparts, any one of
which may be taken as an original.
(10) 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 all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable"
shall be construed according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also 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) The Recipient shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and
10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31
U.S.C, ss. 7501-7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring
the funds awarded under this Agreement.
1. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be taken;
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2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and grant revenue by sponsoring Department and
Agreement number;
3. The complete financial audit report, including all items specified in (10)(d)
1 and 2 above, shall be sent directly to:
Department of Community Affairs
Community Program Administrator
Bureau of Community Development
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds, or any portion thereof, 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 (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
Initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be 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.
(h) The audit is due seven months after the end of the fiscal year of Recipient.
(11) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this
Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by
the terms and conditions of this Agreement with the Department.
(b) The Recipient agrees to include in the subcontract that 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.
See Attachment E for any additional terms & conditions pertaining to subcontracts.
(12) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(13) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
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(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(14) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and shall be
subject to the same terms and conditions set forth in the initial Agreement. There shall be only
one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement
for completion of the Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters
or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the
Contractor/ Recipient In conjunction with the Agreement.
(15) STATE LOBBYING PROII MON.
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state Department.
Refer to Attachment G for additional terms and provisions relating to lobbying.
(16) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. The Recipient also certifies that
the undersigned possesses the authority to legally execute and bind Recipient to the terms of this
Agreement.
(17) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment I.
(18) VENDOR PAYMENTS.
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Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments
to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and
acceptance of goods and/or services provided in accordance with the terms and conditions of the
Agreement. Failure to Issue the warrant within 40 days shall result in the Department paying
Interest at the rate of one percent per month calculated on a daily basis on the unpaid balance.
The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state Department
may receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the
State Comptroller's Hotline at 1-8W848-3792.
(19) SPECIAL CONDITIONS.
(a) The Recipient shall comply with the special conditions set forth in Attachment K,
attached hereto and incorporated by this reference.
(b) Failure of the Recipient to comply with the special conditions listed in
Attachment K or the program statutes and regulations in Attachment B of this Agreement shall be
cause for the immediate suspension of payments or the immediate termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their undersigned officials as duly authorized.
RECIPIENT:
BY: � �;;(SEAL)
Name
Date: 01-20-9,.
Federal Employer I.D.
STATE OF-FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
R. I ap0oieAloo I - W NOR 0
Name and Title: Thomas A. Pierce, Chief
Bureau of Community Development
Date: ' 9
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Attachment B
PROGRAM STATUTES AND REGULATIONS
(a) This Agreement and the CDBG Program are governed by the following statutes and
regulations:
(1) Community Development Block Grant, Final Rule, 24 C.F.R. Part 570;
(2) Florida Small and Minority Business Act, s. 288.702-288.714, F.S.;
(3) Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.;
(4) Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, F.S.;
(5) Title I of the Housing and Community Development Act of 1974, as
amended;
(6) Treasury Circular 1075 regarding drawdown of CDBG funds and 24 C.F.R.
Section 570.511;
(7) Sections 290.0401-290.049, Fla. Stat.;
(8) Rule Chapter 9B43, Fla. Admin. Code;
(9) Department of Community Affairs Technical Memorandums;
(10) HUD Circular Memorandums applicable to the Small Cities CDBG
Program; and
(11) Single Audit Act of 1984.
(b) Additional program provisions governing this Agreement are:
(1) The Recipient agrees that future changes in applicable laws, rules, and
regulations governing the Federal and local CDBG program are applicable to this Agreement on
their effective dates, or in the case of Fla. Admin. Code, Rule Chapter 9B43, upon dissemination
by the Department of a Technical Memorandum so advising recipients. Failure of the Recipient to
acknowledge receipt shall not invalidate this provision.
(2) The Department shall review the Recipient's performance periodically to
determine whether the Recipient has substantially completed its program as described in the
approved Application and this Agreement in accordance and compliance with the requirements of
S. 290.041-290.049, Fla. Stat., as amended, Fla. Admin. Code, Rule Chapter 91343, as It may be
amended from time to time, and other applicable state and federal laws and regulations. Training
and technical assistance shall be provided by the Department, within limits of staff time and
budget, upon written request by the Recipient and/or upon a determination by the Department of
Recipient need.
(3) The Recipient shall allow the Department to carry out monitoring, evaluation, and
technical assistance and shall assure the cooperation of Its employees, subrecipients and
subcontractors during such activities.
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(4) If the Recipient has not resolved any monitoring findings within the prescribed
time frame or has not submitted a monitoring report response, a 15-point score reduction will be
assessed for each unresolved monitoring finding pursuant to Fla. Admin. Code, Rule 911-
43.006(7)(b). This score reduction penalty shall continue to be assessed against all eligible CDBG
applications submitted by the Recipient, both individual or joint, until the Recipient has
successfully competed for CDBG funding in any category.
(5) If the Recipient fails to meet the contracted -for number of jobs without an
amendment In the most -recently closed -out Economic Development grant, a 15-point point score
reduction will be assessed pursuant to Fla. Admin. Code, Rule 9B-43.006(7)(b). This score
reduction penalty shall continue to be assessed against all eligible CDBG applications submitted by
the Recipient, both individual or joint, until the Recipient has successfully competed for CDBG
funding In any category.
(6) If at any time after the effective date of this Agreement, the Department
determines that an activity to be funded is not eligible pursuant to Fla. Admin. Code, Rule Chapter
9B43, as it may be amended from time to time, 24 C.F.R. Part 570 or any subsequent federal
regulation which supersedes it, the Department may unilaterally amend this Agreement to delete
the ineligible activity and de -obligate any unencumbered funds attributable to the ineligible activity.
Any funds expended on an activity subsequently deemed Ineligible shall be repaid to the
Department within 30 days of receipt of a request from the department for said repayment;
provided, however, that any activities which become Ineligible solely as a result of a change in
state or federal regulations, shall not result in funds expended prior to the change in regulations
having to be repaid to the Department.
(7) In the event that the Department suspends funding pursuant to the provisions of
this Agreement, said suspension shall take effect as of the receipt of the notice of said suspension
by the Recipient. Any requests for payment for which the Department has not yet disbursed
payment shall be subject to said suspension.
(8) Should the Recipient fail to enforce the provisions of any promissory note,
mortgage, security agreement, or other obligation specified in any Participating Party Agreement or
in any written contract with a beneficiary, contractor, agent, or subrecipient who received payment
or benefit from funds disbursed under this Agreement, the Department may, with thirty days (30)
written notice to the Recipient, automatically substitute itself for the Recipient in said Participating
Party Agreement or written contract for the purpose of enforcing said Participating Party Agreement
or written contract and may, at its discretion, continue to administer said Participating Party
Agreement or written contract.
(9) The Application as it existed after the completeness period is made a part of this
contract by reference.
(10) If the Recipient has not submitted an audit report in accordance with OMB
Circular A-128 within the time frame specified in paragraph 10(h) of this Agreement, a 15-point
score reduction will be assessed against any subsequent application received for each failure to
timely submit a required audit report pursuant to Fla. Admin. Code, Rule 9B43.006(7)(a). This
score reduction penalty shall continue to be assessed against all eligible CDBG applications
submitted by the Recipient, both Individual or joint, until the Recipient has successfully competed
for CDBG funding in any category. If the Recipient has not taken action to resolve an audit finding
within the prescribed time, a 15-point score reduction will be assessed against any subsequent
application received for each outstanding audit finding. This score reduction penalty shall continue
to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or
joint, until the Recipient has successfully competed for CDBG funding in any category.
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(11) The Recipient, its employees, and agents, shall maintain records and
supporting documents as prescribed in 24 C.F.R. Section 570.490(b), "Unit of general local
government records"; 24 C.F.R. Section 570.490(c), "Access to records"; Fla. Admin. Code, Rule 913-
43.014(10); and 24 C.F.R. Part 85. These records shall be maintained at a readily accessible site
within the jurisdiction and under the jurisdiction's control.
(12) If the Recipient has not submitted a closeout package as provided in Isla.
Admin. Code, Rule 9B43.006(7)(c), as such rule may be amended from time to time, a 15-point
score reduction will be assessed against any subsequent application received. This score
reduction penalty shall continue to be assessed against all eligible CDBG applications submitted by
the Recipient, both individual or joint, until the Recipient has successfully competed for CDBG
funding in any category.
(13) Program Income Is defined in 24 C.F.R. Section 570.489(e). Pursuant to 24
C.F.R. Section 570.489(e)(2)(ii)(C), program income retained by a Recipient must be substantially
disbursed before requesting additional funds from the Department.
(14) The Recipient must report any program Income on hand from this or any other
CDBG grant on the semi-annual program income report.
(15) The Recipient may only retain program income for the purpose of continuing
the same activity from which the program income was derived. Any program income retained must
be expended prior to the submission of an administrative closeout package. The same activity is
defined as, "additional units of the same eligible activity with the same direct beneficiaries to be
undertaken and completed prior to submission of an administrative closeout package." In the
housing category, the Recipient may complete additional eligible housing rehabilitation prior to
submission of an administrative closeout package if an amendment approving such housing
rehabilitation is approved in writing by the Department.
(16) All Recipient or Subrecipient contracts for which CDBG is in any part a funding
source, shall contain language to provide for termination with reasonable costs to be paid by the
Recipient for eligible contract work completed prior to the date the notice of suspension of
funding was received by the Recipient. Any cost incurred after a notice of suspension or
termination is received by the Recipient may not be funded with CDBG funds unless previously
approved in writing by the Department consistent with 24 C.F.R. Part 85. All subrecipient contracts
shall contain provisions for termination for cause or convenience and shall provide for the method
of payment in such event.
(17) All amendments requiring prior Department approval must be approved In
writing by the Department prior to the RecIpient's submission of a closeout package. Any closeout
package received prior to the written approval of said amendment is considered void ab initio, and
is not considered a closeout package for the purposes of eligibility or potential penalty issues
related to closeout.
(18) Submission of inaccurate information by the Recipient in monitoring report
responses; audit or audit finding responses; quarterly, closeout, program income, or other reports;
or Requests for Funds that result in subsequent official Department action based on that inaccurate
Information (such as the granting of administrative or final closeout status, releasing funds, or
clearing findings) may, at the option of the Department, subject the Recipient to one or more of the
following remedies:
a. Revocation of the official Department action(s) predicated on that report or
submission, e.g., revocation of closeout status, audit clearance, monitoring report clearance, etc.
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b. Such other actions as provided in Fla. Admin. Code, Rule Chapter 91343,
based on the revocation of any official action taken by the Department which was predicated on the
Incorrect information.
c. In the case of an administrative closeout status, it would result in the
nullification of the eligibility of the Recipient to apply for and receive additional CDBG funding in
accordance with Section 290.046(2)(c)(i), Fla. Stat.. Such revocation of administrative closeout
status would also affect subsequent Department actions made on that basis, and could include the
cancellation of any subsequent grant awards and repayment by the Recipient of any grant funds
previously expended under the nullified grant contract.
(19) Funds expended for otherwise eligible activities prior to the effective date of
this Agreement, except for those provided for in paragraph 3(A) of Attachment L - Special
Conditions, or prior to the effective date of the enabling amendment wherein the Department
agrees to their eligibility, fundability, or addition to this Agreement, are ineligible for funding or
reimbursement with CDBG funds.
(20) An administrative closeout package shall contain the submission detailed in Fla.
Admin. Code, Rule 9B43.014(7)(b) and be dated and executed by the chief elected official or the
previously established designee of that chief elected official. Should the closeout package be
Incomplete, illegible, or unsigned, it will be considered void ab initio and is not considered a
closeout package for purposes of eligibility or potential penalty issues related to closeout.
(21) Pursuant to Fla. Admin. Code, Rule 9B43.014(6), the minimum score within the
fundable range for the application cycle in which this Agreement is originally approved will be
determined by the final ranking after appeals. The Recipient shall be advised of this score upon of
completion of any appeals process. Any amendment which would reduce the score below the
fundable range shall not be approved by the Department.
12
Attachment C
(a) If applicable, recipient's performance under this Agreement shall be subject to 24 C.F.R.
Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and
Federally Recognized Indian Tribal Governments" or OMB Circular No. A-110, "Grants and
Agreements with Institutions of High 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) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final close-
out report, whichever is later, with the following exceptions:
(1) If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained 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
$1,000 or more at the time of acquisition shall be retained for three years after final disposition.
(3) All records relating to real property acquisition shall be retained for three years
following final closeout or until the period for retention of relevant displacement records has
expired, whichever is appropriate.
(4) Records relating to displaced persons or businesses shall be retained for three
years following final closeout or resolution of all claims and litigation, which ever comes last.
(c) All records, including supporting documentation of all program costs, shall be 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 be construed according to
the circumstances but ordinarily shall 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.
13
Attachment D
REPORTS
(a) At a minimum, the Recipient shall provide the Department with a close-out report on
forms provided by the Department and such other reports as are deemed necessary from time to
time by the Department.
(b)' The close-out report is due no later than forty -rive (45) days after termination of this
Agreement or upon completion of the activities contained in this Agreement.
(c) 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 such other action as set forth in paragraph (7). The Department
may terminate the Agreement with a Recipient if reports are not received within thirty (30) days
after written notice by the Department. "Acceptable to the Department" means that the work
product was completed in accordance with generally accepted principles and is consistent with the
Budget and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department.
14
Attachment E
SUBCONTRACTS
(a) If the Recipient subcontracts, a copy of the executed subcontract must be forwarded to
the Department within ten (10) days after execution.
(b) The Recipient may delegate to any other unit or department of the local government the
responsibility to undertake or carry out specific grant activities.
(c) The Recipient may, by written agreement, designate one or more autonomous public
agencies, including existing agencies and other local governments, to undertake or carry out grant
activities for the city or county. All autonomous public bodies so designated shall be considered
subrecipients as defined in 24 C.F.R. Part 570. Such written agreements shall be executed in
accordance with 24 C.F.R. Section 570.503. Subrecipients undertaking or carrying out community
development activities shall do so in conformance with Fla. Admin. Code, Rule 9B43.014, as it may
be amended from time to time, and all applicable state and federal laws, rules and regulations.
(d) Delegations, designations and contractual arrangements as authorized under this section
shall in no way relieve the Recipient of its responsibilities to ensure that the CDBG Small Cities
Program is administered in accordance with all state and federal requirements.
15
Attachment F
FUNDING/CONSIDERATION
Reimbursement Contracts
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed
$650,000.00, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(14), Florida
Statutes. The amount which may be advanced may not exceed the expected cash needs of the
Recipient within the first three (3) months, based upon the funds being equally disbursed
throughout the contract term. For a federally funded contract, any advance payment is also subject
to 24 C.F.R. Part 85, 24 C.F.R. Part 570, federal OMB Circulars, A-110, A-122 and the Cash
Management Improvement Act of 1"0. With respect to a Recipient which is a local government,
all interest which may be earned on all advances of federal funds received hereunder must be
promptly, but at least quarterly, remitted to the Department for forwarding to the federal
Department that provided the funds. However, the local government is not required to deposit
such advances in an interest -bearing account, unless otherwise required herein.
(c) All funds shall be requested on forms provided by the Department for that purpose
which accompany this Agreement.
16
Attachment G
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence either directly or Indirectly an
officer or employee of any state -or federal agency, a member of the Florida Legislature, 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.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying,"
In accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification Is a material representative 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 persons
who fails to rile 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.
BY:
Signature
ACK LONDON, MAYOR/CHAIRMAN
Type Name and Title
(SEAL) DANNY L. YOLHAGE, Clerk
A EST:
u,�:.e.C. 1. • � a
APPROV70 A5y'.., .-
17
Not applicable to this Agreement
Attachment H
COPYRIGHT, PATENT AND TRADEMARK
18
Attachment I
STATEMENT OF ASSURANCES
The Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed
program.
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or
similar action authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the Recipient's chief executive officer to act in
connection with the application and to provide such additional information as may be required.
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise
from the same. No member, officer, or employee of the Recipient, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or responsibilities with respect to
the program during his tenure or for one year thereafter, shall have any interest direct or indirect,
in any contract or subcontract, or the proceeds thereof, for work to be performed In connection
with the program assisted under this agreement. The Recipient shall incorporate or cause to be
Incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to
the purposes stated above.
(d) It has complied with all the requirements of the State of Florida Intergovernmental
Coordination and Review (IC & R) process, and that either:
(1) Any comments and recommendations made by or through clearinghouses are
attached and have been considered prior to submission of the application; or
(2) The required procedures have been followed and no comments or
recommendations have been received prior to submission of the application.
(e) - It has facilitated or will facilitate citizen participation by:
(1) Providing citizens with an opportunity to participate in the determination of
priorities in community development and housing needs;
(2) Providing adequate notices for one or more public hearings; and
(3) Holding one or more hearings on the proposed application before adoption of a
resolution or similar action by the local governing body authorizing the signing of the application.
(f) Its chief executive officer or other officer of Recipient approved by the State:
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified
in 24 C.F.R. Part 58, which furthers the purposes of NEPA, Insofar as the provisions of such
Federal law apply to the Community Development Block Grant Program; and
(2) Is authorized and consents on behalf of the Recipient and himself to accept the
jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an
official.
19
(g) The Community Development program has been developed so as to give maximum
feasible priority to activities which will benefit low and moderate income families, or aid in the
prevention or elimination of slums or blight. (The requirement for this certification will not
preclude the State from approving an application where the Recipient certifies, and the State
determines, that all or part of the community development program activities are designed to meet
other community development needs having a particular urgency as specifically explained in the
application.)
(h) It will comply with the regulations, policies, guidelines and requirements of 24 C.F.R.
Part 85, OMB Circulars Number A-87, A-110, and A-122 as they relate to the application,
acceptance, and use of Federal funds under this document.
(i) It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974, as
amended, 24 C.F.R. Section 570.605, and State regulations regarding the administration and
enforcement of labor standards;
(2) The provisions of the Davis -Bacon Act (40 U.S.C. 276 a-5) with respect to
prevailing wage rates (except for projects for the rehabilitation of residential properties of fewer
than eight units) and HUD Handbook 1344, as revised;
(3) Contract Work Hours and Safety Standards Act of 1%2, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic wage rates for
all hours worked in excess of forty hours in a work week; and
(4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one and one-
half times their basic wage rates for all hours worked in excess of the prescribed work -week.
0) It will comply with all requirements imposed by the State concerning special
requirements of law, program requirements, and other administrative requirements, approved in
accordance with 24 C Y.R. Part 85.
(k) It will comply with:
(1) Title VI of the Civil Rights Act of 1%4 (P.L. 88-352), and the regulations issued
pursuant thereto (24 C.F.R. Part 1), which provides that no person in the United States shall on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance and will immediately take any measures necessary
to effectuate this assurance. If any real property or structure thereon is provided or improved with
the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the
Recipient, or in the case of any transfer of such property, any transferee, for the period during
which the real property or structure is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits;
(2) Title VM of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended,
administering all programs and activities relating to housing and community development In a
manner to affirmatively further fair housing; and will take action to affirmatively further fair housing
In the sale or rental of housing, the financing of housing, and the provision of brokerage services;
20
(3) E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs,
requiring that programs and activities relating to housing and urban development be administered
in a manner affirmatively to further the goals of Title VM of the Civil Rights Act of 1968;
(4) Section 109 of the Housing and Community Development Act of 1974, as
amended, and the regulations Issued pursuant thereto (24 C.F.R. Section 570.601), which provides
that no person In the United States shall, on the grounds of race, color, national origin, or sex, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under,
any program or activity funded in whole or in part with funds provided under the Act;
(5) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 or with respect to otherwise qualified handicapped individuals as
provided in Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8;
(6) Executive Order 11063 on equal opportunity in housing and nondiscrimination in
the sale or rental of housing built with Federal assistance; and
(7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and
the regulations issued pursuant thereto (24 C.F.R. Part 130 and 41 C.F.R. Part 60), which provide
that no person shall be discriminated against on the basis of race, color, religion, sex or national
origin in all phases of employment during the performance of federal or federally assisted
construction contracts; affirmative action to Insure fair treatment in employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or
other forms of compensation; and election for training and apprenticeship.
(1) It will comply with Section 3 of the Housing and Urban Development Act of 1%8, as
amended, requiring that to the greatest extent feasible opportunities for training and employment
be given to lower -income persons residing within the unit of local government In which the project
is located; and that contracts for work In connection with the project be awarded to eligible
business concerns which are located in, or owned in substantial part by, persons residing within
the unit of local government.
(m) It will:
(1) Comply with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, as required under 24 C.F.R. Section 570.4%(a)(b) and Federal
Implementing regulations at 24 C.F.R. Part 24; the requirements In 24 C.F.R. Section 570.4%(a)(c)
governing the residential antidisplacement and relocation assistance plan under section 104(d) of
the Act (including a certification that the Recipient is following such a plan); the relocation
requirements of 24 C.F.R. Section 570.4%(a)(d) governing optional relocation assistance under
section 105(a)(11) of the Act; and HUD Handbook 1378, as revised.
(2) Inform affected persons of their rights and of the acquisition policies and
procedures set forth in the regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.602.
(n) It will:
(1) Comply with Title H (Uniform Relocation Assistance) of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at
49 C.F.R. Part 24 and 24 C.F.R. Section 570.606;
(2) Provide relocation payments and offer relocation assistance as described in
Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of
21
acquisition of real property for an activity assisted under the Community Development Block Grant
program. Such payments and assistance shall be provided In a fair and consistent and equitable
manner that Insures that the relocation process does not result In different or separate treatment of
such persons on account of race, color, religion, national origin, sex, or source of income;
(3) Assure that, within a reasonable period of time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be available to all displaced
families and individuals and that the range of choices available to such persons will not vary on
account of their race, color, religion, national origin, sex, or source of income; and
(4) Inform affected persons of the relocation assistance, policies and procedures set
forth In the regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.489(h).
(o) It will establish safeguards to prohibit employees from using positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or other ties pursuant to s. 112.313
and s.112.3135, Fla.. Stat. and 24 C.F.R. Section 570.611.
(p) It will comply with the Anti -kickback (Copeland) Act of 1934, 18 U.S.C. s. 874 and 40
U.S.C. s. 276a, which outlaws and prescribes penalties for "kickbacks" of wages In federally
financed or assisted construction activities.
(q) It will comply with the provisions of the Hatch Act, which limits the political activity of
employees.
(r) It will give the State, HUD and the Comptroller General, through any authorized
representatives, access to and the right to examine all records.
(s) It will insure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the program are not listed on the Environmental Protection
Agency's (EPA) list of Violating Facilities and that it will notify the State of the receipt of any
communication from the Director of the EPA Office of Federal Activities Indicating that a facility to
be used in the project is under consideration for listing by the EPA.
(t) It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 s. 975, approved December 31, 1973.
Section 103(a) required, on and after March 2, 1974, the purchase of flood Insurance in
communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use In any area, that has been
Identified by the Secretary of the Department of Housing and Urban Development as an area having
special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form
of direct or Indirect Federal assistance.
(u) It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Part to comply with the
"Uniform Federal Accessibility Standards," (UFAS) which Is Appendix A to 41 C.F.R. Section 101-
19.E for general type buildings and Appendix A to 24 C.F.R. Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor.
(v) It will, in connection with its performance of environmental assessments under the
National Environmental Policy Act of 1969, comply with Section 106 of the National Historic
W
Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, 24 C.F.R. Part 800, and the
Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Officer to identify properties
listed In or eligible for inclusion In the National Register of Historic Places that are subject to
adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(w) It will comply with:
(1) The National Environmental Policy Act of 1%9 (42 U.S.C. s. 4321 et seq.) and 24
C.F.R. Part 58;
(2) Executive Order 11988, Floodplain Management;
(3) Executive Order 11990, Protection of Wetlands;
(4) The Endangered Species Act of 1973, as amended (16 U.S.C. s. 1531 et seq.);
(5) The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C. s. 661 et
seq.);
(6) The Wild and Scenic Rivers Act of 1%8, as amended, (16 U.S.C. s. 1271 et
seq.);
(7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. s. 300f et seq.);
(8) Section 401(f) of the Lead -Based Paint Poisoning Prevention Act, as amended (42
U.S.C. s. 4831(b) et seq.);
(9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.);
(10) The Federal Water Pollution Control Act of 1972, as amended, (33 U.S.C. s. 1251
et seq.);
(11) The Clean Water Act of 1977 (Public Law 95-217);
(12) The Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1975 (42 U.S.C. s. 6901 et seq.);
(13) Noise Abatement and Control: Departmental Policy Implementation
Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B;
(14) Flood Disaster Protection Act of 1973, P.L. 93-234;
(15) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R.
Part 59;
(16) Coastal Zone Management Act of 1972, P.L. 92-583;
(17) Executive Order 11593, "Protection and Enhancement of the Cultural
Environment";
23
(18) Architectural and Construction Standards;
(19) Architectural Barriers Act of 1%8, 42 U.S.C. 4151;
(20) Executive Order 11296, relating to evaluation of flood hazards;
(21) Executive Order 11288, relating to the prevention, control and abatement of
water pollution;
(22) Cost -Effective Energy Conservation Standards, 24 C.F.R. Part 39;
(23) Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882.
(24) Executive Order 11593 - Protection and Enhancement of
Cultural Environment;
(25) Reservoir Salvage Act;
(26) Farmland Protection Policy Act of 1981; and
(27) Coastal Barrier Resources Act of 1982;
(x) It will comply with all parts of Title I of the Housing and Community Development Act of
974, as amended, which have not been cited previously as well as with other applicable laws.
(y) It will abide by the provisions of s. 116.111, Fla. Stat., pertaining to nepotism in its
performance under this agreement.
(z) The Recipient will Include the provisions outlined in s. 287.055 and 287.058, Fla. Stat.,
when negotiating contracts for services.
(aa) It has adopted and is enforcing a policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable State and
federal laws against physically barring entrance or exit from a facility or location which is the
subject of such nonviolent civil rights demonstration within Its jurisdiction in accordance with
section 519 of Public Law 101-140 of the 1990 HUD Appropriations Act.
(bb) It will comply with Section 319 of Public Law 101-121, as provided in the
"Governmentwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in
the December 20, 1989 Federal Register, which prohibits recipients of federal contracts or grants
from using appropriated funds for lobbying in connection with a grant or contract, and requires
that each person who requests or receives a federal contract or grant, and their subrecipients,
disclose lobbying undertaken with non-federal funds (See Attachment D).
(cc) It will expend a minimum of seventy (70) percent of the aggregate of CDBG funds for
activities that meet the provisions of 24 C.F.R. Section 570.208(a) for benefiting low and moderate
income persons.
(dd) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24 C.F.R. Part
12.
(ee) Department Technical Memorandums relating to the CDBG Program.
24
w I i
(ff) HUD Circular Letters appropriate to the Small Cities CDBG Program
25
i l ,
Attachment J
PROPERTY MANAGEMENT AND PROCUREMENT
(a) The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section
85.36; Fla. Admin. Code Rule 9B43.014(1), as it may be amended from time to time; and relevant
state and local laws applicable to the procurement of supplies, equipment, construction, and
services.
(b) The Recipient shall comply with uniform standards governing the utilization of property
prescribed in 24 C.F.R. Part 85 and in 24 C.F.R. Part 570.
26
H05
ATTACHMENT K
SPECIAL CONDITIONS
1) This Agreement shall be executed by the Recipient and returned to the Department at
its offices at 2740 Centerview Drive, Tallahassee, Florida, within thirty (30) days after
receipt, in accordance with Fla. Admin. Code Rule 9B-43.014(2). All time periods in
this Agreement refer to calendar days. After receipt by the Department of the signed
Agreement and those submissions required in paragraph two (2) of this Attachment K,
the Department will execute this Agreement and return an original to the Recipient.
2) The Recipient must satisfy the following provisions prior to the execution of this
Agreement by the Department, but in any case, no later than thirty (30) days from the
date of execution of this Agreement by the Recipient:
A) Develop, subject to the approval of the Department, detailed Work Plans
for each activity to be funded as described in the Application. The Work
Plans shall indicate the proposed dates of starting and completing each
of the various activities of this Agreement, including but not limited to
schematic design, bidding and negotiations, and three intermediate dates
for completion of portions of the activities (i.e., 33%, 66%, and 100%
completion). Pursuant to OMB Circular A-87, Attachment B, Paragraph 32,
funds obligated or expended prior to the effective date of this Agreement
are ineligible for reimbursement except those expenses to comply with
the requirements of 24 C.F.R. Part 58;
B) Submit to the Department the completed Civil Rights Profile Form
included in the 1991 State CDBG Implementation Manual to facilitate the
Department's civil rights review;
C) Establish a separate non -interest bearing checking account ("the CDBG
operating account") for the purpose of this grant. This non -interest
bearing checking account shall be used for all CDBG expenditures unless
an escrow account is established pursuant to 24 C.F.R. Section 570.511
for payments to contractors for rehabilitation of single-family dwellings or
multi -family dwellings containing no more that four housing units. Funds
will be dispatched by the Department directly to the CDBG operating
account. Three copies with original signatures of the Signature
Authorization Form included in the 1991 State CDBG Implementation
Manual shall be returned to the Department. Each individual authorized
to request funds from the Department or who is a signatory on the CDBG
operating account must be bonded;
D) Verify that no one has initiated any activity or incurred any expense with
respect to any activity which is to be performed as a part of this
Agreement and is described in the Recipient's Application, as amended,
for Small Cities Community Development Block Grant funds. No activity
to be funded by the Department pursuant to this Agreement may be
initiated prior to the effective date of the Agreement, except as provided
for in paragraph 3(A) of this Attachment K. Funds expended for
otherwise eligible activities prior to the effective date of this Agreement
or prior to the effective date of the enabling amendment wherein the
27
Department agrees to their eligibility or addition to the Agreement are
ineligible for funding or reimbursement; and
E) Establish, if desire by the Recipient, a separate interest bearing checking
account ("the CDBG escrow account") for the purpose of payment of the
housing rehabilitation activity expenditures during the term of this
Agreement. This interest bearing checking account shall be used only for
CDBG expenditures pursuant to 24 C.F.R. Section 570.511 for payments
to contractors for rehabilitation of single-family dwellings or multi -family
dwellings containing no more that four housing units. Funds will be
dispatched by the Department directly to the CDBG operating account.
Three copies with original signatures of the Signature Authorization Form
included in the 1991 State CDBG Implementation Manual shall be
returned to the Department for the CDBG escrow account. Each
individual authorized to request funds from the Department or who is a
signatory on the CDBG escrow account must be bonded. All interest
accruing on the CDBG escrow account shall be forwarded to the
Department on no less than a quarterly basis for submission to the U.S.
Department of Housing and Urban Development.
3) Prior to the obligation or disbursement of any funds, except for administrative expenses
not to exceed Five Thousand Dollars ($5,000), but in any case, no later than ninety (90)
days from the effective date of this Agreement, the Recipient shall undertake the
following:
A) Comply with procedures set forth in 24 C.F.R. Part 58, Environmental
Review Procedures 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 Notice of Removal of
Environmental Conditions;
B) Should the Recipient be undertaking any activity subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA), as amended, the Recipient shall document completion of the
notice requirements provided in HUD Handbook 1378, Change 1;
C) If the Recipient claimed points on Form CDBG-H-3 for the expenditure of
local funds for administration purposes, the Recipient shall document that
its annual budget allocates an appropriate pro-rata portion of the local
contribution of said administrative funding for the remainder of the
Recipient's current fiscal year. An appropriate pro-rata portion of the
local contribution shall be allocated in all future adopted annual budgets
for succeeding fiscal years until the grant is closed out; and
D) Within 90 days, the Recipient shall document the state, federal, or local
public programs linked to the grant and claimed for points on Form
CDBG-H4. The Recipient shall document how these programs will work
in concert with CDBG to result in housing improvements and related
benefits to low and moderate income residents. The linkage can be
documented by inter -agency or other cooperative or partnership
agreements, written cross referral procedures, cost sharing of
improvements or written notice of joint training, counseling or
28
coordination of programs. Any reduction in the number or function of
linked programs shall be accomplished by contract amendment.
4) Prior to obligating or requesting funds for expenses other than those for administration,
architectural, or engineering, the Recipient shall obtain copies of all permits required
for any activity contained in the Application that is to be funded by this Agreement and
any other approval that may be required by the Department or any federal, state, or
local governing body or agency having jurisdiction over such matters. At such time as
may be requested by the Department, the Recipient shall submit copies of all such
required permits and satisfactory evidence of any other required approvals to the
Department.
5) The Recipient, by executing this Agreement, does thereby certify that there will be no
program income generated as a result of this grant. However, should program income
be inadvertently generated, it will be returned to the Department within three working
days of receipt of said program income. Program income is defined in accordance with
24 C.F.R. Section 570.489(e). Should the program income be generated from the
payment of a loan made by the Recipient to an eligible beneficiary for the purpose of
housing rehabilitation, the Recipient may only undertake additional eligible housing
rehabilitation prior to closeout with the proceeds of such repayment, or return the
program income to the Department.
6) The Recipient shall provide assistance for the rehabilitation of housing in a floodplain
only after documenting the rehabilitation case file for that structure that the Recipient
and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973.
This documentation must address such things as elevation requirements, erosion, and
water, sewage, or septic tank requirements. Each structure located within a floodplain
that is rehabilitated to any extent with CDBG funds shall acquire and maintain insurance
under the National Flood Insurance Program until after Administrative Closeout.
7) The Recipient shall maintain records of its expenditure of funds that will allow accurate
and ready comparison between the expenditures and the contracted budget line items
by contracted activity as defined on Attachment A and on the Work Plans required in
paragraph 2(A) of this Attachment K. Local contributions shall be charged against the
appropriate local budget line item as expenses occur, and all expenditures claimed for
local administrative contribution must be expended during the term of the Agreement.
This contribution may not be modified, amended, deleted, or waived during the term of
the Agreement.
8) The Recipient shall expend and document the expenditure of the amount of funds
claimed for points in the Application on Form CDBG-H-3 in the Application and reflected
on Attachment A to this Agreement. Local funds to be expended shall be expended for
administration costs and shall be expended concurrently with expending CDBG funds
for the same activity. The expenditure of local funds shall be documented as if they
were CDBG funds. The documentation of the expenditures shall be reviewed by the
Department prior to the approval of administrative closeout and shall survive the term of
this Agreement.
9) 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 Buildin¢s.
29
01 ' h
r
10) A deed restriction shall be recorded on any real property acquired with CDBG funds as
a part of this Agreement as amended that shall limit the use of that real property 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.
11) The Recipient shall conduct all public hearings relating to this Agreement and
performance thereunder 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.
12) The Recipient shall update and submit Form HUD 2880 to the Department within 30
days of the Recipient's knowledge of changes in situations which would require that
such updates be prepared. A final Form HUD 2880 shall be provided to the
Department with the request for administrative closeout, and its absence or
incompleteness shall be cause for rejection of such administrative closeout.
13) The Recipient must prepare and adopt procedures for providing housing rehabilitation
assistance to low and moderate income beneficiaries. A copy of the procedures must
be provided to the Department prior to the initiation of construction on any housing
unit. The procedures shall include at a minimum contain, but not be limited to, the
following:
A) Specify the terms and conditions under which the rehabilitation assistance
will be provided;
B) Provide that all housing units to be rehabilitated will be occupied at the
time the assistance is provided;
C) Provide that after rehabilitation under this Agreement has been completed,
all housing units addressed with CDBG funds will be in compliance with
all local, state, and federal building codes and meet the Section 8
Housing Quality Standards as promulgated by the U.S. Department of
Housing and Urban Development;
D) Provide that no housing unit owner, lessor, lessee, tenant, or occupant, or
employee or immediate relative of the same, either personally or
corporately, shall serve as a contractor or sub -contractor to be paid with
CDBG funds for the rehabilitation of said building, nor shall they be paid
for their own labor with CDBG funds for the rehabilitation of said building;
E) Establish a maximum of CDBG funds that will be expended on the
rehabilitation of any housing unit;
F) Specifically state whether or not the Recipient will assist in the
rehabilitation of rental units with CDBG funds. H the Recipient desires to
assist in the rehabilitation of rental units, describe the conditions under
which rental units will be rehabilitated with CDBG funds and the methods
that the Recipient will employ to ensure that the rents remain affordable
to low and moderate income families. The Recipient must ensure that
the rents remain affordable for a period of at least five years. "Affordable
rents" is defined as Section 8 Fair Market Rents as published annually in
the Federal Register;
30
G) Specifically state whether or not the Recipient will assist in the
rehabilitation of mobile homes, modular homes, or other forms of
manufactured housing units with CDBG funds. If the Recipient desires to
assist in the rehabilitation of such units, describe the conditions under
which such units will be rehabilitated with CDBG funds;
H) Establish a ratio of the cost of housing rehabilitation to the projected
market value of the rehabilitated housing unit such that the ratio upon
completion of the rehabilitation will be at least one to one;
1) Establish the notification process to be used when a previously approved
housing unit is deleted from the list of proposed housing rehabilitations;
.n Establish what types of insurance that the housing unit owner will be
required to obtain and maintain after completion of the rehabilitation, and
for what period such insurance must be maintained;
K) Information shall be fully disclosed on an updated Form HUD 2880
relating to the ownership of any rental housing unit to be rehabilitated at
any funding level with CDBG funds, prior to the execution of the contract
for such rehabilitation;
L) Prohibit the use of lead -based paint in residential structures rehabilitated
or constructed with CDBG assistance.
14) For properties constructed prior to 1978, any homeowner, resident, or tenant remaining
in, being relocated from, or locating to any housing unit that is to be rehabilitated or
that has been rehabilitated, in whole or in part, with CDBG funds provide under the
terms of this Agreement, shall be advised:
A) The property may contain lead -based paint;
B) The hazards of lead -based paint;
C) The symptoms and treatment of lead poisoning;
D) The precautions to be taken to avoid lead -based paint poisoning
(including maintenance and removal techniques for eliminating such
hazards);
E) The need for and availability of blood lead level screening for children
under seven years of age; and
F) Appropriate abatement procedures may be undertaken if lead -based paint
is found on the property.
31
Attad} t L
Florida Department of Community Affairs
Small Citice CDBC Program
Contract i 94DB-19-11-54-01-H05
Mil est o )es, Outlxrt9 bM FTerdl hxres Est.Laates
Wised
R}�CIPIiNT Bemf is i.ar i es �pl ishment9 ActSvi bArt
Monroe County LNI t N;;T.
I
45 I 45
I
Rxres 16
$111300
Mticipated
�� s
Teaporary Relocation 039(a)
st�xt I Aid
Data I Data
ScheMe of
h
Aoocmplisments
Activity Milestones
Mo/Yr 1 Ho/Yr
by Q,uwrter
by Qx�
A. Etwirolv�aental Clearanoa
ski Release
�
v As
Ql I D, F�iC�G-1
of rwds
V94 1
3/94
!
-0-
QZ IDS F-2' G-2
-
B• Septic Tank Inspections
1/94 j
3/94
C-C. ACE Services Riq
D. Reverification -
Client ElWbility
N. Scope of Stork -
Write -Ups
F. Bid Phase - 112, 3,4, S
10. Construction P ."., •
1,2,3,4,5
H. Closeout
1/% ; 3/94 I Q3 jD, F-2, C-21
1,000
1/94 A 8/94 104 !D, F-3, C-3` 39000
1/94
1 9/95
Q5 1D F.-4
3,000
3,000
:11%
3/94
1
Qd 1D, F-4, Gr-4
t
1
2/94
11/95
Q7 P, F-S, G-S
1
-0-
10/95
12/95
0 '(;1 H
Q1
rrca 1/94
To 3/94
Q2
From. 4/ 9 4
To 6/ 9 4
Q2
Frca 7/94
To 9/94
Q1
Fvm 10/94
To 12 94
Qi irrn - /4i� To �19
Qd Frca 4_ 95 To -6/9
Q7 From 7 / 9 S To - 9 % 9 S,
Q8 rrcu 1— 0� To _1214 i
Florida Department of Community Affairs
Small Cities CDBG Program
Contract # 94DB-19-11-54-01-H05
Milestones, Out�xrts and F�erxaitures Fs-tilnates
Attachment L
REC PI r
It7t�rrled
Beneficiaries
Moomppli�shments
Activity Budget
Monroe County
7btal i
t Mm x
I
239
1�
1 239
195
541 200
Housing Rehab 051
Start
f F
Schedule of
Anticipated
Date
Date
Acoampl i.shmertts
Activity oxo
Activity Milestones
Mo/Yr
Mo/Yr
by Quarter
by Quarter
A. Ewirozromental Clearanoa
1
1
Ql
1 A, B, C,
I D, F-1, G--1
509�
aril Release of FZtnds
1/94
3/94
Q2
1 D, F-29 G-2
1
56,000
B• tic Tank
�p Inspections
I
1/94 1 3/94
1
Q3
iDo F-2, G-2
.
50,000
C. A&E Services RFQ
1
1/94 1 3/94
Reverification -
D. Client Eligibility
1/94
i
= 8/94
1
04 'Do F-39 G-3
75,000
QS
i
E. Scope of Work--
1
Write -Ups
1/94
9/95
ip F.,-4
75,000
1
F. Bid,Phase - 192,3,415
1/94
1 3/94
Q6b,
F-49 G-4
80,E
1
1
'
G. Construction Phases -
1
1
Q7
F, F-5, G-5
809000
192939495
2/94
11/95
Q8
i
'Go H
759200
H. Closeout
10/95 12/95
1
1
1
2btall
541 200
Q1
Fram
1/94
To 3/94
Q2
From
4 / 9 4
To 6/94
Q3
FrM
7/94
To 9/94
Q4
Frcm
10/94
Zb 12/94
Q5 Ftn _ 1125 _ To _1/9S
Q6 F rm 4 9 5 TO _6 / 9.___ S____.
Q7 From. 7 95 4b 9/95
Q6 FXXR 10 TO _12/95
w
A t t achmi t L
•a•r�a
Florida Department of Community Affairs
Small Cities CDBG Program
Contract / 94DB-19-11-54-01-H05
Milestmcn., OApAa " FTerd-ibmx- £stj,matea
Administration 181
Activity Milestones
A. Dwironmer"I c:learar"
" Release of ar d-s
B. Septic Tank Inspections
C. ME Services RFQ
D. Reverification -
Ment Eligibility
E, Scope of Work -
Write -Ups
F. Bid Phase - 11213,495
G. Construction Phases -
1,2,3,4,5
H. Closeout
Ir t"ed
pzvposed
Total
6eiviiciaries
Acoomplishmenta
Activity Budget
Total LMI
t Nuabe..r
N/A N/A
N/A N/A
97
start 1 Frd
ale of
Anticipated
Data 1 Date
A000mpl ishments
Activity Costs
Mo/Yr Mo/Yr
by 0-1& x
by Quaxt,-x
1 A, B, C,
1
1/94 ' 3/94
Ql I D, F-19 G-1
15 000
ID, F-29 C-2
1 3/94
.
Q2 1
a
1301/94
1/94 3/94 Q3
1
1/94 ! 8/94 Q4
1
1194 ' 9/95 QS
1/94 1 3/94 1 Qd
Q7
2/94 1 11/95
10/95 , 12/95 Q6
Q1
From 1/94
To 3/94
Q2
Fram 4/94
To 6/94
Q3
Frcm 7/94
To 9/94
Q4
Frcm 10/94
To 12 94
1D' F-29 Cr-2 13,000
i
F-3, C-3 13 000
ID
13,000
Ib, F-49 G-4 113,000
, F-59 G-5 1 13,000
G, H 1 41500
A
I
low $97, 500
F rM
To -___.
Q6 Frcm 4Z25
To _ 6/ 9 5
Q7 Frcm 7 /-2 5
7b -9 / 9 5-
Q8 Fran 10
To _ 12 / 9 5
i
*Submit three on inal co iee for each contract
Recipient:
Monroe CotAN�y Contract ##: 94DB-19-11-54-01-H05
Address: c/o Sp er-J al Programs, of f i ra
Monroe County Housing Authority
1403 12th StrPPt
Key West, F1. 33040
Contact Person: Rom - a ,n
Telephone: 305-292-1221
FAX: 305-292-1162
Request for funds from the State of Florida Small Cities
CDBG Program will be presented to the Department and will require
M one signature [ j two signatures of individuals as authorized
below (check one). ALL SIGNATURES ARE BONDED.
Typed name Typed name
Signa ure Signature
NnPI i C^rti,,.nt-1
i
ame Typed name
Signature Signature
A non -interest bearing account has been established at the
financial institution insured by the FDIC listed below for depost
for CDBG funds. In the case of an escrow account, the acount is
interest bearing.
NationsBank #1188122
Name of Institution Account Number
3200 Flagler Avenue
Ad ress of Financial Institution
I certify, as the recipient's Chief Executive Officer, that
the above signatures are of the individuals authorized to sign
requests for fu from the Small Cities Community Development
Block Grant. 1 dp 16:P1
0 9
at Signature
DANNY L. KOIVAGE, CLERK (SEAL) ATTEST:
DCA USE ONLY:
Date:
Jack London Mayor/Chairman
Typed Name an..d� Title