Resolution 387-1997
RESOLUTION NO. 387-1997
A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS,
AUTHORIZING THE EXECUTION OF GRANT AGREEMENT #98DB-IY-II-54-01-H04
BETWEEN MONROE COUNTY AND THE DEPARTMENT OF COMMUNITY AFFAIRS,
STATE OF FLORIDA
WHEREAS, Monroe County has previously approved Resolution 072-1997 applying for funding
from the State of Florida's Small Cities, Community Development Block Grant (CDBG) Program;
WHEREAS, the Department of Community Affairs has informed Monroe County that they have
competed successfully for CDBG funds for the Federal Fiscal Year 1997 in the amount of $750,000;
NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA THAT
1, The Mayor/Chairman is hereby authorized to execute Contract Number 98DB-l Y -11-54-01-
H04 and any subsequent documentation for the implementation and completion of the Housing Grant
between Monroe County and the Department of Community Affairs,
2, Per the Notice and Contact Section (10) of the Agreement, the Representative of the Grant
Recipient responsible for the administration of this Grant Agreement is Roger Braun, Director,
Special Programs Office, Monroe County Housing Authority, 1403 12th Street, Key West, Florida
or his designee,
PASSED and ADOPTED, by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the /5"-I'/' day of OC-(06t.~A.D" / 997.
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Mayor Douglass
Mayor Pro Tern London
Commissioner Freeman
Commissioner Harvey
Commissioner Reich
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Danny Kohlage, Clerk of the Court
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LAWTON CHILES
Governor
JAMES F. MURLEY
Secretary
FLORIDA KEYS
Area of Crilical Slale Concern
Field Office
2796 Overseas Highway, Suite 212
Marathon, Florida 330S().2227
GREiN SWAMP
Area of Critical Slate Concern
Field Office
I S5 Easl Summerlin
Bartow, Florida 33830-4641
SOUTH flORIDA
RECOVERY oFFla
P,O, Box 4022
8600 NW 36lh S~eet
Miami, Florida 33159-1022
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
SfP 2 5 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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The Honorable Keith Douglass
Mayor, Monroe County Commission
5192 Overseas Highway
Marathon, Florida 33040
RE: Contract Number 98DB-IY-II-54-01-H04
Dear Mayor Douglass:
The Department of Community Affairs (the Department) is
pleased to inform you that your local government has
competed successfully for Community Development Block Grant
(CDBG) funds for Federal Fiscal Year 1997. Several
documents are enclosed which require your immediate
attention before beginning your CDBG project. These
documents, and instructions for completing them, are
described below:
1.
CDBG Award Agreement
The Award Agreement (the Agreement) binds your local
government to the proposed CDBG project and ensures
compliance with all applicable CDBG laws, rules, and
regulations. Original signatures are required on
pages 10 and 18 of all three copies of the Agreement
and the Certification Regarding Lobbying, and all
three copies of the Agreement must be returned to the
Department within thirty (30) days of receipt. The
three cODies of the Agreement must be accomDanied by
the submissions required in paragraDh 2 of Attachment
K - Special Conditions. Following signature by the
Department, a fully executed copy of the Agreement
will be returned to your local government.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 904.488.8466/Suncom 278,8466 FAX: 904.921 ,0781/Suncom 291,0781
In lernet address: http://www.slate.fl.us/coma f(/dca, h 1m I
The Honorable Keith Douglass
Page Two
The Department has adopted a standardized format for all
contracts. The new format details the program specific
regulations and provisions in Attachment B. Grant specific
requirements are contained in the Special Conditions
in Attachment K.
2. Sianature Authorization Form
The purpose of this form is to identify individuals in your
local government who are authorized to request funds from
the Department and to designate the bank account and
financial institution where funds are to be deposited. A
separate non-interest bearing bank account must be
maintained for each CDBG project due to the original funding
source. Each of the individuals authorized to sign checks
for the distribution of those funds must be bonded.
Please type in the non-interest bearing bank account number,
bank name, and address, as well as the names and titles of
the persons authorized to request funds. Two copies of the
form with original signatures of the chief elected official
and those authorized to request funds must be returned to
the Department with the signed Agreements.
If anyone other than the Chief Elected Official will be
authorized to execute the Agreements or to sign amendment
requests, reports, or other contractually required
documents, please provide a copy of the resolution
authorizing said delegation.
3. Activity Work Plan Forms
A separate form must be completed for each activity line
item in the Agreement, including administration, which will
be identified as Attachment L of the Agreement. Again,
separate forms must be submitted for each activity. Please
identify the activities which will take place and the dollar
The Honorable Keith Douglass
Page Three
amounts which will be requested from the Department on a periodic
basis. The forms will be incorporated as part of the
Agreement by reference, and they must be returned with your
executed Agreement to the Department. (See Attachment K,
paragraph 2(A), for a more detailed explanation.)
Please develop your work plans carefully to ensure that all
planned activities will be completed in a timely manner. The
Department reserves the right to reject any proposed work plans
which fail to demonstrate an orderly progression of activities
over the term of the Agreement.
4. Certification Reaarding Lobbying
Congress recently passed Public Law 101-121 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. In order to comply with the requirements of Public
Law 101-121, a certification is included in the Agreement as
Attachment G which must be signed and returned as a part of
the Agreement. Language has also been added to the
Assurances contained in Attachment I of the Agreement in
which the Recipient agrees to comply with Section 319 of
Public Law 101-121.
5. Sworn Statement on Public Entity Crimes
This form must be completed by each person or entity with
whom your local government has already contracted and who
will be paid with CDBG funds. Further, the form must be
completed and transmitted to the Department for future
contracts as they are executed by your local government.
The Honorable Keith Douglass
Page Four
6. Special Conditions Paragraph Two requirements
Paragraph two of Attachment K - Special Conditions contains
several additional requirements to be documented. This
documentation must be returned with the Agreement.
Please return all three executed original copies of the
Agreement, signature authorization forms, work plans, and
the documentation required in paragraph two of the Special
Conditions within 30 days of receipt of this letter to:
Dr. Susan Cook, Community Program Administrator
Bureau of Community Development
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
We look forward to working with you in the administration of
your CDBG project and our staff is available to you at any time
to assist in your successful grant implementation. If you have
any questions or require assistance in completing the required
documents, please contact Dr. Susan Cook at(904)487-3644.
Sincerely,
Thomas A. Pierce, Chief
Bureau of Community Development
TAP/rsh
Enclosures
cc: Roger Braun
Contract Number: 98DB-1Y-11-54-01-H04
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 Monroe County, (hereinafter referred to
as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS:
A. 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
B, WHEREAS, the Department determined that the Recipient has successfully competed for a Community
Development Block Grant (hereinafter referred to as "CDBG"), and
C, WHEREAS, the Department has authority pursuant to Florida law to disburse the 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 limited 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 the date last
signed unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT.
(a) Either party may request modification of the provisions of this Agreement pursuant to Rule Chapter 9B-
43, 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.
(b) All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs", and mailed directly to the Department at the following address:
Department of Community Affairs
Attn: CDBG Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(5) RECORDKEEPING,
(a) If applicable, Recipient's performance under this Agreement shall be subject to 24 C.F.R. Part 85 or
OMS Circular No. A-11 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit
Organizations," and either OMB Circular No, A-8?, "Cost Principles for State and Local Governments," OMB Circular No A-21,
"Cost Principles for Educational Institutions," or OMS Circular No, A-122, "Cost Principles for Nonprofit Organizations,"
(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 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. Records relating to real property acquisition shall be retained for three years after closing of title,
(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 to be paid from funds 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.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in Attachment C and all
terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment H,
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a close-out report'and other reports that
may be required from time to time by the Department.
(b) The close-out report is due within 45 days of termination of this Agreement or upon completion of the
activities contained in this Agreement.
(c) If all required reports and copies, prescribed above, 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 action as set forth in paragraph (9), The Department may terminate the Agreement with a Recipient if reports are not
received within 30 days after written notice by the Department. "Acceptable to the Departme[lt" means that the work product was
:::ompleted 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.
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(e) The Recipient shall provide additional reports and information as identified in Attachment D,
(7) 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 to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, 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.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768,28, Fla, Stat., agrees to be
fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be used by third parties in any matter arising out of any
contract.
(9) 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 filed or to be filed 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
(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 anyone or more of the following remedies, either concurrently
3
or: consecutively, and the pursuit of anyone 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 twenty-one (21) 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 (10) 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;
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;
5, 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 amounfof damages due the Department from the Recipient is
determined.
(h) 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, the Department's obligation to fund this contract shall
be modified accordingly.
(10) NOTICE AND CONTACT,
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or
first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said
~otifj::ation attached to the original of this Agreement.
4
(b) The name and address of the Department contract manager for this Agreement is:
Community Proaram Administrator
Bureau of Community Develooment
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(c) The name and address of the Representative of the Recipient responsible for the administration of this
Agreement is:
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10)(a) above,
(11) 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 any
Participating Party, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions
arising out of this Agreement shall 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) N9 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,
original.
(d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U,S,C.
Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the
areas of employment, public accommodations, transportation, State and local government services, and in telecommunications,
5
(f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of Category Two ($15,000 in
September 1996) for a period of 36 months from the date of being placed on the convicted vendor list.
(12) 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. The funding for this Agreement was received by the
Department as a grant and aid appropriation.
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;
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.
:,e sent directly to:
3. The complete financial audit report, including all items specified in (12)(dj 1 and 2 above, shall
Department of Community Affairs
Community Program Administrator
Bureau of Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance
Nith the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not
::;pent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has
lotified the Recipient of such non-compliance.
6
(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.
(I) An audit performed by the State Auditor General shall be deemed to satisfy the above auait
requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts with a subrecipient as defined in 24 C.F.R. Part 570 any or all of the work
required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within ten (10) days
after execution of that subcontract. The Recipient agrees to include in the subcontract that (I) the subcontractor is bound by all
applicable state and federal laws and regulations, and (ii) 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.
(b) The Recipient will monitor the activities of any subrecipient pursuant to the requirements in 24 CFR Part
570 and HUD Handbook, "Manaaing CDBG, A Guidebook for Subrecioients Oversiaht", dated August 1993.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(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.
(c) This Agreement has the following attachments:
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Recordkeeping
Attachment D - Reports
Attachment E - Federal Lobbying Prohibitions
Attachment F - Copyright, Patent and Trademark
Attachment G - Statement of Assurances
7
Attachment H - Property Management and Procurement
Attachment I - Reserve
Attachment J - Reserve
Attachment K - Special Conditions
Attachment L - Work Plans
(16) FUNDING/CONSIDERATION.
(a) The funding for this Agreement shall not exceed, $750,000.00 subject to the
availability of funds.
(b) Any advanced payment under this Agreement is subject to s. 216.181 (14), Fla.
Stat.. The amount which may be advanced is subject to Rule Chapter 9B-43, Fla.
Admin. Code, 24 C.F.R. Part 85,24 C.F.R. Part 570, Federal OMB Circular A-57,
A 110, A 122, and the Cash Management Improvement Act of 1990.
(c) All funds shall be requested on forms provided by the Department for that
purpose.
(17) 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.
(f) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 27 4A( e) of the I NA shall be grounds for unilateral cancellation of this Agreement by
the Department.
8
(18) STATE LOBBYING PROHIBITION.
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 agency.
Refer to Attachment E for additional terms and provisions relating to lobbying.
(19) COPYRIGHT. PATENT AND TRADEMARK.
trademarks.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to copyrights, patents and
(20) 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.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment G.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue reimbursement payments to Recipients
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 a rate as established pursuant to Section 55.03(1), Fla. Stat. 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
1-800-848-3792. .
9
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned
officials as duly authorized.
RECIPIENT:
BY:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Name and Title:
Date:
By:
Name and Title: Thomas A. Pierce, Chief
Bureau of Community Development
Federal Employer I.D.
Date:
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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.
7. Sections 290.0401-290.049, Fla. Stat.;
8. Rule Chapter 9B-43, 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 9B-43, 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 9B-43, 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.
(4) 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 9B-43, 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.
1 '")
(5) 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.
(6) 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.
(7) The Application as it existed after the completeness period is made a part of this contract by reference.
(8) If the Recipient has not submitted an audit report in accordance with OMS Circular A-128 within the time
frame specified in paragraph 12(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 9B-43.006(6)(a).
(9) The Recipient, its employees, arid 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 9B-43.014(11); 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.
(10) If the Recipient has not submitted a closeout package as provided in Fla. Admin. Code, Rule 9B-
43.006(6)(c), as such rule may be amended from time to time, a 5-point score reduction will be assessed against any subsequent
application received.
(11) 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.
(12) The Recipient must report any program income on hand from this or any other CDBG grant on the semi-
annual program income report.
(13) 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 ret.ained 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.
(14) All Recipient or Subrecipient contracts for which CDBG is in any part a funding source, shall contain
language to provide for terminatbn 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.
, -::
(15) All amendments requiring prior Department approval must be submitted 45 days prior to the end of the
contract and 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.
(16) Submission of inaccurate information by the Recipient in monitoring report responses; audit or audit
finding responses; closeout, program income, or other required 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, atthe 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.
(b) Such other actions as provided in Fla. Admin. Code, Rule Chapter 9B-43, 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.
(17) Funds expended for otherwise eligible activities prior to the effective date of this Agreement, except for
those provided for in this contract 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 with CD8G funds.
(18) An administrative closeout package shall contain the submissions detailed in Fla. Admin. Code, Rule 98-
43.014(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.
(19) Pursuant to Fla. Admin. Code, Rule 9B-43.014(6), the minimum score within the fundable range for the
application cycle in which this Agreement shall be established by the publication and distribution of the Final Ranking After
Appeals. Any amendment which would reduce the score below the fundable range shall not be approved by the Department.
(20) Pursuant to 24 C.F.R. Section 570.489(b), those pre-agreement costs reflected in the grant application
as originally submitted that relate to preparation of the grant application are considered eligible costs and may be re-imbursed to
the Recipient, if they are otherwise in compliance with all other requirements of this contract.
(21) If the Recipient fails to meet the accomplishments reflected in the application and this contract, penalties
shall be assessed against future applications pursuant to Rule 9B-43.006(6), Fla. Admin. Code.
(22) Any amendment requiring Department prior written approval must be submitted to the Department 45
::lays prior to the end of the contract or a 15 point penalty shall be assessed against future grant application pursuant to Rule 98-
43.014(6).
1.1
(23) Any amendment requiring Department prior written approval which impacts a Closeout Package must be
received 45 days prior to submission of that closeout package or a 15 point penalty shall be assessed against future grant
application pursuant to Rule 9B-43.014(6).
(24) Pursuant to 24 C.F.R. Section 570.489(b), those pre-costs reflected in the grant application, as originally
submitted, that relate to preparation of the application are considered eligible costs if they are otherwise in compliance with all
other requirements of this contract.
1':;
Attachment C
RECORDKEEPING
(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-11 0, "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, iri'cluding all subcontractors or consultants to be paid from funds
provided under this Agreement, $hall 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.
Attachment 0
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-five (45) days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(c) The closeout report shall not be submitted prior to the completion of and acceptance by the recipient of
all non-administrative activities. At the time of submission of the closeout report, all construction must be completed and
accepted by the recipient. Any approval by architects, engineers, rehabilitation specialist, building inspectors, code enforcement
personnel, property owners, building owners or occupants, or others 'Nflose approval is required must be obtained prior to
submitting the administrative closeout. All non-administrative invoices must be received and approved prior to submission of the
administrative closeout.
(d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take 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.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as
may be required by the Department.
17
Attachment E
Federal Lobbying Prohibitions
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: .
(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 an officer or employee of any agency, a Member of Congress, an officer or employee of
:ongress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any
=ederal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
~enewal, 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
3ttempting to influence an officer or employee of a Member of Congress, an officer or employee of Congress, or an employee of
3 Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
:;omplete 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
::;ubawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
:hat 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
~ntered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
;10,000 and not more than $100,000 for each such failure.
~ECfPIENT
3ignature
~ame and Title (printed)
Attachment F
Copyright, Patent and Trademarks
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the
Recipient shall retain all rights and entitlements to that pre-existing patent of copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the
Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent
rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the
event that any books, manuals, films, or other copyrightable materials are produced, the Recipient shall notify the Department.
Any ad all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the
State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
:Jroperties relevant to the performanc~ of this Agreement which he or she knows or should know could give rise to a patent or
::opyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed.
=ailure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all
Jatents and copyrights which occur during performance of the Agreement.
Attachment G
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.
(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 1962,40 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 hou'rs worked in excess of the prescribed work-week.
U) 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.F.R. Part 85.
(k) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (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 VIII 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;
(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 VIII 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;
(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 payor other forms of compensation; and election for training and apprenticeship; and
(8) Executive Order 12898 on environmental justice.
(I) It will comply with Section 3 of the Housing and Urban Development Act of 1968, 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 570.488 and Federal implementing regulations at 49 C.F.R. Part
24; the requirements in 24 C.F.R. Section 570.488 governing the residential antidisplacement and relocation
assistance plan under section 1 04(d) of the Act (including a certification that the Recipient is following such a
pian); the relocation requirements of 24 C.F.R. Section 570.488 governing optional relocation assistance under
section 1 05(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 570.488.
(n) It will:
(1) Comply with Title 1/ (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 570.488;
(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 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 570.488.
(0) 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 570.489.
(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 li.mits 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 101-19.6 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 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)
properties.
Complying with all requirements established by the State to avoid or mitigate adverse effects upon such
(w) It will comply with:
(1) The National Environmental Policy Act of 1969 (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 1968, 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.~. 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. 901 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";
(18) Architectural and Construction Standards;
'},-1
(19) Architectural Barriers Act of 1968,42 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 wil; comply with all parts of Title I of the Housing and Community Development Act of 1974, 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 Reoister, 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 tliat meet the
provisions of 24 C.F.R. Section 570.484(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.
(ff) HUD Circular Letters appropriate to the Small Cities CDBG Program.
...,,,
Attachment H
PROPERTY MANAGEMENT AND PROCUREMENT
(a) The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Rule 9B-
43.014(1), Fla. Admin. Code, 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.
....,.-
MONROE COUNTY
Housing Category
ATTACHMENT K
SPECIAL CONDITIONS
1) This Agreement shall be executed by the Recipient and returned to the Department at its offices at 2555
Shumard Oak Boulevard, Florida, 32399-2100, within thirty (30) days after receipt, in accordance with Fla. Admin.
Code, Rule 9B-43.014(2). After receipt by the Department of the signed Agreement and those submissions
required in paragraph tlNo (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 expended by the Recipient or a subrecipient
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 and for the application preparation cost detailed in the application;
B) Submit to the Department the completed Civil Rights Profile Form 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 than four housing units. Funds
will be dispatched directly to the CDBG operating account. Three copies with original signatures of the attached
Signature Authorization Form shall be returned to the Department. Each individual who is a signatory on the
CDBG operating account must be bonded. This condition is waived if the Recipient elects in writing to conduct its
grant on a one hundred percent reimbursement basis and so certifies to the Department;
D) Establish, if desired 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 than four housing units and shall not be used for payment of administration,
relocation, or other purposes. Funds for escrow purposes will be dispatched directly to the CDBG operating
account. Each individual who is a signatory on the CDB~ 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; and
E) Submit to the Department an initial Form HUD 2880, or its equivalent, pursuant to 24 C,F.R. Part 12.
F) Provide to the Department a copy of the Recipient's Citizen's Complaint Procedures which, among other
things, require that the Recipient respond in writing within fifteen days after the receipt of a written complaint from
a citizen or beneficiary when the complaint is related to an activity currently or formerly funded through the CDBG
program.
G) Provide to the Department documentation that the Recipient has adopted its Comprehensive Plan as its
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Community Development Plan or submit a copy of a separate Community Development Plan.
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; and
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 4. A non-exhaustive list of activities that would
trigger this requirement would be proposed temporary relocation of tenants, acquisition of property, acquisition of
easements or rights-of-way, proposed demolition of housing units, or displacement.
C) Unless the Recipient has received a letter from the Department approving its procurement policy, the
Recipient shall amend the policy to address the Department's review comments and submit to the Department a
copy of the amended policy, including documentation of adoption.
4) No expense to be paid with CDBG funds pursuant to this Agreement may be incurred prior to the effective
date of the Agreement, except as provided for in paragraph 3(A) of this Attachment K and except for those eligible
application preparation costs outlined in the application as received by the Department on or before February 27,
1997. Funds expended for otherwise additional eligible activities prior to the effective date of this Agreement or
prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility or addition
to the Agreement are ineligible for funding or reimbursement.
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) without regard to any excluded amounts. 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 be insured under the National Flood Insurance Program
until at least submission of the administrative closeout package.
7) The Recipient shall expend and document the expenditure of the amount of local government general
revenue contribution that is claimed for points on Form CDBG-H-4 in the Application, as it may have been
amended through the completeness process, and reflected on Attachment A to this Agreement. Except for the
CDBG portion of the cost of post-administrative closeout audits and for unreimbursed application preparation cost,
these local government general revenue funds shall be expended after the date of the site visit and prior to
submission of the administrative closeout. The local government"general revenue contribution shall be expended
concurrently with expending CDBG funds for the same purpose. The expenditure of local government general
revenue 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.
8) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24
C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the
28
effective date of the contract to the date of submission of the administrative closeout.
9) The Recipient shall expend and document the expenditure of the amount of other grant or loan leverage
funds that is claimed for points on Form CDBG-H-3(B3) in the Application, as it may have been amended through
the completeness process, and as reflected on Attachment A to this Agreement. These grant or loan leverage
funds shall be expended as described on Form CDBG-H-4 after the date of the site visit and prior to submission of
the administrative closeout. The expenditure of other grant or loan leverage 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.
10) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g).
Conflicts of interest relating to acquisition or disposition of real property; CDBG financial assistance to
beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be
addressed pursuant to 24 C.F.R. Section 570.489(h).
11) The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
12) A deed restriction shall be recorded on any real property or facility acquired with CDBG funds. This
restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall
remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of
the County in which the Recipient is located. Any future disposition of that real property shall be in accordance
with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.489U).
13) 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.
14) 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 and assessment of penalties which
would have otherwise occurred.
15) The Recipient must comply with the Housing Assistance Plan that was provided to the department as part
of the application process. The Recipient agrees that this Housing Assistance Plan must be followed when
selecting beneficiaries and housing units, and shall only be modified after application deadline with prior DCA
approval.
16) 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.
29
17) The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate
and ready comparison between the expenditures and the contracted budget line items by contracted activity as
defined on Attachment A and on the Work Plans required in paragraph 2(A) of this Attachment K.
18) Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors licensed
by the State of Florida, Department of Business and Professional Regulation.
19) Change orders for rehabilitation or reconstruction of housing units which cumulatively exceed one
thousand dollars ($1,000) above the original contract amount, shall only be paid with CDBG funds if those change
orders are to correct documented code violations based on a bonafide code violation report or to meet Section 8
Housing Quality Standards.
20) All change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner
or his or her representative and the contractor and a representative of the local government prior to any initiation
of additional work based on that change order.
21) To document completion of construction, each housing unit case file shall contain the following
information:
A) A statement from the contractor that all items on the initial work write-up as modified through change
orders have been completed;
B) An acknowledgment that the housing unit meet the applicable local code and Section 8 Housing Quality
Standards, signed and dated by the local building inspector or the local government's housing rehabilitation
specialist;
C) A signed statement by the housing unit owner or his or her representative that the work has been
completed based on the work write-up and change orders. Should all requirements be fulfilled and the
homeowner or their representative refuse to acknowledge completion of the work, the housing unit case file shall
be documented with a statement detailing the stated reason for said refusal; and
D) This documentation shall be completed prior to the submission of the administrative closeout package and
shall accompany the administrative closeout package when submitted to the Department.
22) The following data will be provided by housing unit as part of the administrative closeout for each activity
providing direct benefit (ie., housing rehabilitation, temporary relocation, hookups, etc.):
A) Address of each housing unit rehabilitated with CDBG funds, the date the construction was completed on
the housing unit, and the amount of CDBG funds spent on that housing unit;
B) Whether the household is headed by a female, the number of handicapped persons in the household, the
number of elderly persons in the household, and the LMI..or VLI status of the household;
C) The number of occupants in the household, cat~gorized by sex; and
D) The racial demographics of the household by number (white, black, Hispanic, Asian/pacific islander. or
American Indian/Alaskan native; .
23 The statistics provided in number 22 above shall be summarized by activity and submitted with the
administrative closeout package.
30