94HA-37-11-54-01-003 ' 1 y C 9 ` 00
• L;LILITOUT
GRANT AGREEMENT
Grant Agreement Number 94HA 37 - 11 - - - 003
Award Amount 5262.500.00
ELDERLY HOMEOWNER REHABILITATION PROGRAM
This Agreement is entered into by the Department of
Community Affairs, hereinafter referred to as the "Department ",
and Monroe County hereinafter referred to as the "Sponsor ".
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
Whereas, the Department of Community Affairs has established
the Elderly Homeowner Rehabilitation Program, pursuant to Chapter
420, Part III, Fla. Stat. (1991).
Whereas the Sponsor has demonstrated a need to provide
• substantial rehabilitation to homes owned by elderly low- income
or very low- income citizens within the corporate Sponsor's
jurisdiction.
Whereas, the Sponsor is an eligible local government as
defined in the Housing Predevelopment and Elderly Homeowner
Rehabilitation Assistance Act.
Whereas, the Sponsor is willing and able to sponsor housing
rehabilitation for low- income or very low- income elderly
homeowners.
NOW, THEREFORE, in consideration of the mutual understanding
and terms hereinafter set forth, the Department and Sponsor do
mutually agree as follows:
(1) SCOPE OF WORK
The Sponsor shall furnish the necessary personnel, material,
services and facilities (except as otherwise provided herein),
and shall otherwise do all things necessary for or incident to
the performance of work as set forth in the Scope of Services,
Work Plan and Program Budget attached hereto as Attachments A and
B.
(2) LAWS, RULES AND REGULATIONS
A. The Sponsor Agrees:
1. To expend funds awarded as a result of this
grant for the purposes set forth herein, and
in accordance with all applicable Program
regulations, Rules and Sponser's Application for
the Elderly Homeowner Rehabilitation Program, and
in accordance with all applicable laws,
regulations, policies and procedures of this
state.
2. That all contracts and third -party agreements
entered into by the Sponsor in furtherance of
this Agreement shall be in furtherance of and
conformance with, the purposes set forth . in the
Housing Predevelopment and Elderly Homeowner
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Rehabilitation Assistance Act, Attachments A
and B of this Agreement, and Florida
Administrative Code Rule Chapter 9B -49.
3. To comply with all applicable federal, state
and local laws pertaining to wages and hours
of employment.
4. Not to discriminate on account of race, sex,
familial status, physical handicaps, religion,
national origin or age; and to abide by all
local, state, and federal regulations
precluding such discrimination.
5. To abide by local, state and federal building
and housing standards, zoning ordinances and
other applicable local ordinances.
6. To allow the Department complete access to all
records, books, reports and other necessary
data required to accomplish audits, monitoring
and program reviews.
7. That the Sponsor and its employees and other
personnel will comply with the conflict of
interest provisions contained in Sections 112.313
and 112.3135 Florida Statutes (1989) in the same
manner as though the Sponsor and its employees
were a public agency and public officers or
employees.
8. To pay to the Elderly Homeowner Rehabilitation
Program, in the event of breach of this
Agreement, the specific amount of grant award
funds directly affected by the breach, plus
interest at the prevailing prime interest rate,
plus court costs and attorney fees upon
determination of appeal.
9. To make rehabilitation activities available
only to qualified elderly low- income or very
low- income persons.
10. To comply with all other federal, state and
local laws, rules and regulations which apply
to activities performed under this Agreement.
11. To be bound by the provisions included in the
Standard Conditions attached to and incorporated
by reference in this Agreement.
B. The Department Agrees:
1. To furnish the Sponsor with a copy of new rules
or amendments to existing rules. State rules
as used in this Agreement shall mean rules
promulgated by the Department pursuant to
Chapter 120, Florida Statutes (1989).
2. To grant funds to the Sponsor, pursuant to
Article (3), from the Elderly Homeowner
Rehabilitation Program for satisfactory
performance of activities and expenditure
of funds described in Attachments A and B.
(3) FUNDING
A. The Sponsor shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder
in an amount not -to- exceed $262,500.00.
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The Sponsor may draw down funds in monthly increments
to expedite rehabilitation activities. Justification
documentation required by the Department must accompany
each Request For Payment.
B. The Sponsor shall submit requests for funds on
forms approved by the Department and certified by
the Sponsor's agent identified as having signatory
power on the signature form approved by the
Department. The Sponsor shall immediately notify
the Department in writing of any change in agents.
C. The Sponsor must establish accounting procedures
acceptable to the Department and agrees to ensure that,
generally, no more than twenty days will elapse between
its receipt and its disbursement of funds from the
Department, except that the Sponsor may maintain cash-
on -hand in amounts of $5,000 or less for more than
twenty days to meet daily cash needs. Escrow accounts
are not subject to this requirement.
D. Each request for funds shall be on a form approved
and supplied by the Department, and shall be certified
by an agent of the Sponsor who has been identified as
having signatory power on the signature form received
by the Department.
E. No travel expenses are authorized under this
Agreement unless directly related to rehabilitation
activities and loan closing directly relating to
administration of this program. No travel for training
and technical assistance is permitted, and shall not
be reimbursed by the Department.
F. The Sponsor shall submit a closeout report
following procedures approved by the Department
within 30 days after termination of this
Agreement. Any unused funds, including interest
earned (remaining at the termination of this
Agreement) shall revert to the Florida Elderly
Housing Trust Fund and shall be due and payable on such
date of termination and shall be paid no later than 60
days thereafter.
G. The Sponsor agrees that the provision of funding
under this Agreement shall not be construed as
a guarantee of future or subsequent funding under
the Elderly Homeowner Rehabilitation Program or
any other program administered by the Department.
(4) PROGRAM INCOME
The Sponsor shall return to the Department any interest
earned on the Elderly Homeowner Rehabilitation Program
account. Any interest earned by the Sponsor on funds shall
revert to the Florida Elderly Housing Trust Fund and be due
and payable as stipulated under Article (3), Paragraph F of
this Agreement.
(5) PROCUREMENT STANDARDS
The Sponsor shall comply with procurement standards as
prescribed by the Department under Chapter 287, Florida
Statutes (1989) applicable to the procurement of supplies,
•
equipment and services.
(6) PROPERTY MANAGEMENT STANDARDS
The Sponsor shall comply with uniform standards governing
the utilization of property prescribed by the Department
under applicable state laws.
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(7) AUDIT
A. Sponsor shall submit an audit of Agreement
compliance. This audit will be performed by
an independent Certified Public Accountant or
other entity independent of the Sponsor or any
Subgrantees in accordance with the standards of
the Comptroller General as specified in the
General Accounting Office Standards for Audit of
Governmental Organizations, Programs, Activities
and Functions, and generally accepted auditing
standards established by the American Institute
of Certified Public Accountants. The Agreement
Number of this grant must be identified within
the audit submitted.
B. If the Sponsor chooses to perform a separate audit of
this grant, it will be due sixty days after the
Agreement termination date.
C. An audit which covers any portion of the effective
dates of this Agreement must be submitted within thirty
days after its completion, but no later than seven
months after the audit period.
D. The Department may undertake such further or additional
audits as determined necessary or appropriate
including, but not limited to, past and current
organization -wide audits. Such audits may be necessary
to determine the adequacy, accuracy, and reliability of
the Sponsor's internal controls, fiscal data, and
management systems established to safeguard the
Sponsor's assets and to ensure compliance with this
Agreement.
E. If an Agreement is closed out without an audit, the
Department reserves the right to recover any disallowed
costs identified in an audit completed after such
closeout.
(8) RECORDKEEPING
A. The Sponsor shall maintain an accounting system
with financial controls that are adequate to
safeguard and identify monies from the Elderly
Homeowner Rehabilitation Program. Elderly
Homeowner Rehabilitation Program funds cannot be
commingled with other funds.
B. The Sponsor shall maintain financial and
programmatic records relating to funds paid by
the Elderly Homeowner Rehabilitation Program.
C. The Sponsor shall retain all financial records,
supporting documents, statistical records and any
other documents pertinent to this Agreement for
a period of three years after the termination
date of this Agreement. However, 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.
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D. The Sponsor shall allow access to its records at
reasonable times by the Department, its employees or
agents. "Agents" shall include, but not be limited to,
auditors retained by the Department. "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. on Monday through Friday.
(9) REPORTS
A. The Sponsor shall provide the Department with
reports on programmatic activities and financial
transactions on forms approved by the Department,
for the specific periods, activities, and expenses,
as stipulated under Article (3) Paragraphs B and D of
this Agreement and this Section.
B. The Sponsor acknowledges that failure to submit
accurate and complete reports by the due date may
result in suspension of funding, pending receipt
of such delinquent report or correction of any
inaccurate report or reports.
C. The Sponsor shall provide, upon reasonable notice,
such additional program reports or information as
required by the Department. Failure to provide
information requested by the Department may result
in suspension of funding.
D. The Sponsor shall submit programmatic reports on
forms required and supplied by the Department. These
reports shall reflect the expenditure of funds and the
status of program activities as reflected in the
original Grant Agreement.
E. The closeout report is due 30 days after termination of
this Agreement.
F. Upon reasonable notice, the Sponsor shall provide such
additional program updates or information as may be
required by the Department.
(10) MONITORING, EVALUATION AND TECHNICAL ASSISTANCE
A. The Sponsor shall monitor closely its performance and
this Agreement to insure that time schedules are bein
met and that tasks proposed in Attachments A, B 011111106
to this Agreement and other performance goals are being
achieved.
B. The Department shall perform a minimum of one
monitoring visit during the course of this Agreement.
Additional monitoring and evaluation activities will be
performed by the Department, within limitations of
staff time and budget, as may be necessary to insure
fiscal and program compliance and progress.
C. The Sponsor shall allow the Department to carry out
monitoring, evaluation and technical assistance, and
shall assure the cooperation of its employees and
contractors under third -party agreements during such
activities.
(11) LIABILITY
The Sponsor shall be solely responsible to parties with
whom it shall deal in carrying out the terms of this
Agreement and shall hold the Department harmless
against all claims of whatever nature by third -party
contracts arising out of the performance of work under
this Agreement.
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(12) PERIOD OF AGREEMENT
This Agreement shall begin upon the Department's date of
signature and shall end 12 months thereafter unless
terminated earlier in accordance with the provisions of
Article (13) Paragraph B of this Agreement, or unless
otherwise extended by the Department. The Sponsor has
30 days from the time the contract is received in which to
execute the contract and return to the Department. If the
contract is not executed and returned to the Department
within 30 days from the time the contract is received by
the Sponsor, the Department retains the right to refuse
execution.
(13) SUSPENSION OF TERMINATION OF FUNDS
A. The Department may suspend payments to a Sponsor when
the reports required in Article (9) Paragraph A and
Article (9) Paragraph C of this Agreement are
delinquent, or when a Sponsor has failed to comply with
the terms and conditions of this Agreement.
B. The Department may terminate this Agreement for cause
upon such notice as is reasonable under the
circumstance. Cause shall include, but not be limited
to, misuse of funds; fraud; lack of compliance with the
terms -and conditions of this Agreement, Application for
Grant Assistance or applicable rules, laws and
regulations; or failure to perform.
C. Suspension or termination is an appealable action under
Chapter 120, Florida Statutes (1989). Notification of
suspension or termination shall include notice of
appeal rights and time frames.
D. The Department may request additional information from
the Sponsor to determine the reasons for, or extent of
non - compliance or lack of performance; issue a written
warning advising that suspension or termination may be
initiated if the non - completion or lack of performance
is not remedied; advise the Sponsor to suspend,
discontinue or not incur costs for activities in
question, or; require the Sponsor to reimburse the
Department for the amount of costs incurred for any
items determined ineligible or misused.
(14) AMENDMENTS
A. The Department or the Sponsor may request amendments to
this Agreement. Requests for an amendment by the
Sponsor shall be in writing and shall be given in a
timely manner to provide adequate time for departmental
approval and processing.
B. All requests for program amendments submitted to the
Department shall include the following:
1. Copy of the current budget and proposed changes.
2. Detailed narrative description of the proposed
changes and their effect upon the approved
project and /or budget.
3. Back -up documentation necessary to justify the
amendment.
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4. Signature approval by the Sponsor's agent
identified as having signatory power on
the signature form received by the
Department, on a form prescribed by the
Department.
C. Amendments shall be effective on the date of written
execution by both parties.
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.. •
THIS AGREEMENT AND ITS ATTACHMENTS EMBODY THE ENTIRE
AGREEMENT OF THE PARTIES. IN WITNESS WHEREOF, THE PARTIES HERETO
HAVE DULY EXECUTED THIS AGREEMENT.
STATE OF FLORIDA
DEPART OF CO UNITY AFFAIRS
BY „)1A.:___ °`.-
J an Garcia, Jr., Di ctor
ivision of Housing and
Community Development
DATE /�/0 /? 2,
SPONSO'
Signature)
ACK LONDON, MAYOR /CHAIRMAN
(Type Name and Title)
DATE: NOVEMBER 10. 1993
59- 6000 -749
Federal Identification Number
APPROVED AS TO FORM'
AND A SU F1CIENCY. •
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Attornoy OF`;•,..
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(SEAL)
ATTEST :' DANNY L. KOLHAGE
BY!
L LL b . ./ Y�A�/
DEPUTY CLERK
Page 8 of 11
STANDARD CONDITIONS
1. The State of Florida's performance and obligation to
pay under this agreement is contingent upon an annual
appropriation by the Legislature.
2. Extension of an agreement for contractual services shall
be in writing for a period not to exceed 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 contractor.
3. All bills for fees or other compensation for services
or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
4. If authorized by this agreement, all bills for any travel
expenses shall be submitted in accordance with s. 112.061,
Florida Statutes.
5. The Department of Community Affairs reserves the right
to unilaterally cancel this agreement for refusal by the
contractor to allow public access to all documents, papers
letters, or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the
contractor in conjunction with the agreement.
6. EHR Program funds shall be used solely for direct
rehabilitation costs, except that a local government
receiving a grant of up to $150,000 may use up to
10 percent of the grant amount for program administrative
costs related specifically to the rehabilitation activity.
7. The average unit cost for rehabilitation shall not exceed
sixteen thousand ($16,000) per unit.
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ATTACHMENT A
SCOPE OF SERVICES:
Monroe County agrees to perform and complete in a timely,
expedient and satisfactory manner, all the tasks,
activities, requirements and conditions necessary for or
incidental to the performance of work to comply with all
requirements stipulated under Fla. Admin. Code Rule Chapter
9B -49 (1989) in negotiating, developing and completing tasks
and activities listed below for which funds in the amount of
$262,000.00 under the Elderly Homeowner Rehabilitation
Program are provided.
1. Prequalify applicants.
2. Rehabilitate at least 20 units of housing owned
by qualified applicants before the termination of this
agreement. Thirty percent (30 %) of the total units
scheduled for rehabilitation will be completed within
five (5) months from execution of this agreement an
additional forty percent (40 %) will be completed
within eight (8) months from the day of execution of
this agreement (70 %) of the units will be completed
within eight (8) months of the execution date, and
all units (100 %) will be completed within twelve
(12) months from the date of execution of this
agreement.
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ATTACHMENT B
PROGRAM BUDGET
Rehabilitation Expenses $262,500.00
Administrative Expenses $ -0-
Total Funding $262,500.00
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