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05/15/2002 Agreement CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FWRlDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: June 5, 2002 TO: Timothy McGarry, Director Growth Management Division ATTN: Colleen Gardner Executive Assistant Pamela G. Han~ Deputy Clerk 0 FROM: At the May IS, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contractual Services Agreement between Monroe County and the Florida Department of Community Affairs to fund the initial services of the Affordable Housing Coordinator. Enclosed are four duplicate originals, executed on behalf of Monroe County, for your handling. Please return the two duplicate originals marked "Monroe County Clerk's Original" and "Monroe County Finance Division's Original" to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document Finance w/o document County Attorney File'" MEMORANDUM Date: 6/24/02 To: From: Belle DeSantis, Deputy Clerk Colleen Gardner, Executive ASSisrn,,& Contract for Service - DCA RE: Enclosed please find the two executed copies of the Contractual Services Agreement between Monroe County and the Florida Department of Community Affairs to fund the initial services of the Affordable Housing Coordinator. This item was approved at the May 15, 2002, Board of County Commissioners meeting. If you have any questions, please call me at extension 2517. Icg Enclosure cc: Timothy J. McGarry, AICP, Director of Growth Management Monroe County Clerk's Or: nal Contract Number: 02DB...19 'A!/-Jf-~-{)/ lJ CFDA Number: 14.228 CONTRACTUAL SERVICES AGREEMENT " "'" ,. " THIS AGREEMENT is entered into by and between the State of Florida, Departmery,J.of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as th~" i. "Department"), and the Monroe County Board of County Commissioners, (hereinafter refertedto as/the. "Contractor") . ~ 1<1 THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS: A. WHEREAS, the Contractor represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services, has followed appropriate state procurement procedures, and does hereby accept the offer of the Contractor upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Contractor do mutually agree as follows: (1) SCOPE OF WORK. The Contractor shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES. Both the Contractor and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment F. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or April 1, 2002, whichever is later, and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. This Agreement may be extended to December 2, 2002 by mutual agreement of the parties and upon execution of a written modification to that effect. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. 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. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with ~ 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) If applicable, Contractor's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) 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 Contractor 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 Contractor 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: 2 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 $5,000 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 costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Contractor, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (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 Contractor shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. 3 (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) 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 other action as set forth in paragraph (9). The Department may terminate the Agreement with a Contractor if reports are not received within 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 Scope of Work. (e) Upon reasonable notice, the Contractor shall provide such additional program updates or information as may be required by the Department. (f) The Contractor shall provide additional reports and information as identified in Attachment D. (7) MONITORING. The Contractor shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the 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. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY. (a) Unless Contractor is a State agency or subdivision, the Contractor 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, Contractor agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Contractor 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 4 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 Contractor to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or 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 Contractor in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Contractor 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 Contractor 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 Contractor 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 Contractor has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A. 5 (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Contractor and upon the Contractor's failure to timely cure, exercise anyone or more of the following remedies, either concurrently 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 Contractor is given at least thirty (30) 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 Contractor 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 Contractor to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Contractor 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, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Contractor to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. 6 (d) Suspension or termination constitutes final agency 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 Contractor 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 Contractor shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Contractor. The Department may, to the extent authorized by law, withhold any payments to the Contractor for purpose of set-off until such time as the exact amount of damages due the Department from the Contractor is determined. (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 notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Rick Stauts Florida Small Cities CDBG Program Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-922-1892 Fax:850-922-5609 Email:rick.stauts@dca.state.fl.us (c) The name and address of the Representative of the Contractor responsible for the administration of this Agreement is: Timothy J. McGarry, AICP Director of Growth Management 2798 Overseas Highway Marathon. Florida 33050 Telephone:(305) 289-2517 Fax: (105) 289-28')4 Email: t.ml..g.qrrylOm.q;l~t..qt.P.fl.us 7 (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 (1 0) (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 Contractor in this Agreement, 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 Contractor, cause the termination of this Agreement and the release of the Department from all its obligations to the Contractor. (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 othelWise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Contractor 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 Contractor. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Contractor 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 8 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. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not 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 for a period of 36 months from the date of being placed on the convicted vendor list or the discriminatory vendor list. (g) With respect to any Contractor which is not a local government or state agency, and which receives funds under this agreement from the federal govemment, the Contractor certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and 4. have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. 9 Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation to this agreement. (12) AUDIT REQUIREMENTS. (a) The Contractor 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 Contractor 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) If the contract amount is $300,000 or more, then the Contractor shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984,31 U.S.C. ss. 7501-7507, OMB Circular 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 Contractual Services appropriation. 1. The annual financial audit report shall include all management letters and the Contractor'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 other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 10 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Contractor shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Contractor of such non-compliance. (f) The Contractor 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 Contractor 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 (7) months after the end of the fiscal year of Contractor or by the date the audit report is issued by the state Auditor General, whichever is later. (13) SUBCONTRACTS. If the Contractor subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Contractor 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 Contractor 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. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. 11 (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 Scope of Work Attachment B Budget Attachment C Federal Lobbying Prohibitions Attachment D State and Federal Statutes and Regulations Attachment E Copyright, Patent, and Trademark Attachment F Special Conditions (16) FUNDING/CONSIDERATION This is a cost-reimbursement Agreement The Recipient shall be reimbursed for costs incurred in the scope of work hereunder in an amount not to exceed $20,OOO,subject to the availability of funds. (17) STANDARD CONDITIONS. The Contractor 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. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 12 (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 Contractor 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 in conjunction with this Agreement. (f) If the Contractor is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be retumed to the Department or be applied against the Department's obligation to pay the contract amount. (g) 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 Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) COPYRIGHT, PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment G for terms and conditions relating to copyrights, patents and trademarks. (19) LEGAL AUTHORIZATION. The Contractor 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 Contractor also certifies that the undersigned possesses the authority to legally execute and bind Contractor to the terms of this Agreement. (20) VENDOR PAYMENTS. 13 Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paYing interest at 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 agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (21) 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_ IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. MONROE COU A'f ~2- OARD OF COUNTY COMMISSIONERS /1 BY: Name and title: H Date: S t ~'<.1-z..--- I SAMAS # FID# S;-(ptJ-&{)1f-7 STATE OF FLORIDA "" '"Tl -".,;.. = -~ ..::;:::') --- t'-.) r ".0.' L ,." ;';)(, f= C) Clr- z r'1~ _.( '"Tl O' I N :::; C), Ul C> S::::.i:",:: ;0 _J_. C) -0 ;0 --I r'. -<~:.r.: :I: rr1 ~~ '):.. t',,, C'1 r C''':'l 0 :-> f''l ::xl ill 0 DEPARTMENT OF COMMUNITY AFFAIRS BY: ~ t.I (]~-42 Name and Title: S irley W. Collins, Director 1V 810n 0 ousing and Community Development Date: ~..J.--.,; 14 Attachment A Reconnaissance/Orientation and Initial Technical Assistance 1. Obtain and review all relevant documents, laws, policies and regulations pertaining to the creation, allocation, pooling and transfer of Affordable RaGa units and Nutrient Reduction Credits between unincorporated Monroe County and its' municipalities. Oversight Committee will provide relevant documents. 2. Contact at least fifteen major affordable housing stakeholders within Monroe County and the municipalities using a list provided by the Oversight committee; include land use and health department officials, developers, staff and/or board members from sewer and water authorities, the land authority, financing institutions, environmental and community groups, the public housing authority, as well as public service worker groups, and others recommended by the Housing Oversight committee. Conduct one-on-one, face-to-face or telephone interviews with the stakeholders. The purpose of those interviews will be to understand each stakeholders particular perspective, including their perspective on the transfer of Affordable RaGa units and Nutrient Reduction Credits and other barriers to developing affordable housing. Summary of meetings will be prepared. 3. Identify and contact comparable localities throughout the country that have programs for pooling and transferring development credits among sub-areas of the locality or region to obtain information on what works and does not work in those localities. Summary of contacts and lessons learned will be developed. 15 Attachment A 4. Review and update all sites identified by local government staffs for possible use for affordable housing. Sites shall be of suitable density and not eligible to receive negative points had they been evaluated under the RaGa ranking system. Review other sites and land use districts recommended by the Oversight Committee that seem likely to yield affordable units, especially underutilized commercial sites. Local government staff will provide property records with current ownership and assessed value. Develop data base that catalogues sites in Monroe County that are currently suitable for affordable housing, and which can be updated by the Affordable Housing Oversight Committee or others as appropriate. . 5. Conduct 3 public hearings (one each the Upper, Lower, and Middle Keys areas) to obtain citizen input and suggestions relating to the creation and retention of affordable housing. Develop PowerPoint and/or other presentation materials to be used at the public hearings and provide summary. 16 Attachment B 1. Consulting Services $18,000. II. Equipment * $ 2,000. *( ~quipment includes pOJ1able microphone, speaker and recording system) T ota1: $20,000. 17 Attachment C Federal Lobbying Prohibitions The Contractor 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 Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," In accordanc.e with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any 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 failure. ,. "...... ", /'.' , ". ,,",:' /'X~omractor' 18 Attachment D State and Federal Program Statutes and Regulations By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 1. Community Development Block Grant, Final Rule, 24 36. C.F.R., Part 570; 37. Florida Small and Minority Business Act, s. 288.702- 38. 288.714, F.S.; 39. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.; 40. Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; 41. Title I of the Housing and Community Development Act of 1974, as amended Treasury Circular 1075 regarding drawdown of CDBG 42. funds Sections 290.0401-290.049, F.S.; 43. Rule Chapter 9B-43, Fla. Admin. Code.; 44. Department of Community Affairs Technical Memorandums; 45. HUD Circular Memorandums applicable to the Small Cities CDBG Program; 46. Single Audit Act of 1984; National Environmental Policy Act of 1969 and other 47. provisions of law which further the purpose of this Act; 48. National Historic Preservation Act of 1966 (Public 49. Law89-665) as amended and Protection of Historic Properties (24 50. C.F.R. Part 800); Preservation of Archaeological and Historical Data Act of 196~ ~. Executive Order 11593 - Protection and Enhancement of 52. Cultural Environment; 53. Reservoir Salvage Act; Safe Drinking Water Act of 1974, as amended; Endangered Species Act of 1958, as amended; 54. Executive Order 12898 - Environmental Justice Executive Order 11988 and 24 C.F.R. Part 55- Floodplain Management; 55. The Federal Water Pollution Control Act of 1972, as 56. amended (33 U.S.C., s. 1251 et.seq.); 57. Executive Order 11990 - Protection of Wetlands; Coastal Zone Management Act of 1968, as amended; 58. Wild and Scenic Rivers Act of 1968, as amended; 59. Clean Air Act of 19n; HUD Environmental Standards (24 C.F.R. Part 58); 60. Farmland Protection Policy Act of 1981; Clean Water Act of 19n; Davis - Bacon Act; Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; The Wildlife Coordination Act of 1958, as amended; The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.); Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; Flood Disaster Protection Act of 1973, P.L. 92-234; Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 19 Coastal Zone Management Act of 1972, P.L. 92-583; Architectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39; Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882; Coastal Barrier Resource Act of 1982; Federal Fair Labor Standards Act, 29 U.S. C., s. 201 et. seq.; Title VI of the Civil Rights Act of 1964 - Non- discrimination; Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1 973 and 24 C.F.R Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non-discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment/Training of Lower Income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100-17, and 49 C.F.R. Part 24; Copeland Anti-Kickback Act of 1934; Hatch Act; Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C, s. 1251 et. seq.); OMB Circulars A-87, A-122, and A-133, as revised; Administrative Requirements for Grants, 24 C.F.R. Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12. Attachment E Copyright, Patent and Trademark (a) If the Contractor brings to the performance of this Agreement a pre-existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre-existing patent or 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 Contractor 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 material are produced, the Contractor shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Contractor to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Contractor shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Contractor shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 20 Attachment F Special Conditions 1. Monroe County must satisfy the following provisions prior to the execution of this Agreement by the Department: a. Submit to the Department a detailed Scope of Work for the affordable housing planner. The Scope of Work shall indicate the proposed dates for starting and completing each of the various activities to be funded by the grant; and b. Submit to the Department a detailed Budget. The Budget shall include all sources of funding that will be used to pay for the activities detailed in the Scope of Work for the affordable housing planner. 2. Monroe County shall retain records of its expenditure of funds that will allow accurate and ready comparison between the expenditures and the budget line items and on the work plans required in Paragraph 1 (a) and 1 (b) of this attachment. 3. Funds provided under this contract shall only be used to fund the salary and expenses of an affordable housing planner and shall not be used for any other purpose. Except for incidental office supplies and necessary equipment to be used by the planner, no other supplies or equipment may be purchased with CDBG funds. 4. Funds expended for planning activities undertaken prior to the effective date of this Agreement are ineligible for reimbursement. 5. The affordable housing planner will be secured by Monroe County and shall report to the County Manager or his/her designee. The affordable housing planner may be a contract employee, but must be supervised by the County Manager or his/her designee. The affordable housing planner may be housed at the Department's office in Marathon at the County's discretion. 6. The County will create a detailed budget for the activities in the Scope of Work (Attachment A). The created budget will become Attachment B to this Agreement. The Department retains the right to accept the budget or to negotiate the final budget with the County should the submission be inadequate or deficient. 21 '. J ". EXHIBIT n PROPERlY 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 unitonn standards governing the utilization of property prescribed in 24 C.F.R Part 8S and in 24 C.F.R. Part 570.