02/19/2003 Agreement
Glerk of lhe
Gircul Goun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To:
Tim McGarry,
Growth Management Director
Attn:
Colleen Gardner
Isabel C. DeSantis" .(u
Deputy Clerk ~.
From:
Date:
Monday, March 10, 2003
At the BOCC meeting of February 19,2003, the Board granted approval and
authorized execution of a Contractual Services Agreement No. 03DB-88-11-54-22-008
between Monroe County and the State of Florida, Department of Community Affairs to
fund additional services of the Affordable Housing Coordinator.
Attached hereto are three (3) duplicate originals executed by Monroe County for
your handling. Please be sure that the sets marked Monroe County Clerk's Office
Ori2'inal and Monroe County Finance Department's Ori2'inal are returned to my
attention as quickly as possible. Should you have any questions concerning the above,
please do not hesitate to contact this office.
cc: County Attorney
Finance, memo only
File /
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie M. Spehar, Dist. 1
Mayor Pro Tern Murray E. Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David Rice, Dist. 4
March 13, 2003
Ms. Rebecca Jetton
Department of Community Affairs
Florida Keys Field Office
2796 Overseas Highway
Marathon, Florida 33050
RE: Grant Contract 03DB-88-11-54-22-008
Dear Ms. Jetton:
Enclosed please find three (3) duplicate originals of the contract between the
Department and Monroe County to fund additional services of the Affordable Housing
Coordinator.
After execution please return the original document marked "Monroe County
Clerk's Office Original" along with the document marked "Monroe County
Finance Department's Original" to my attention.
Thank you for your cooperation. If you have any questions, please contact me at (305)
289-2517.
Sincerely, _
~~
Colleen Gardner, Executive Assistant
Growth Management Division
Enclosures
Icg
cc: Timothy J. McGarry, AICP, Director of Growth Management (w/o encl.)
K. Marlene Conaway, Director of Planning $ Env. Resources (wi 0 encl.)
Belle DeSantis, Deputy Clerk (w/o encl.)
MEMORANDUM
TO:
Debbie Frederick, Executive Administrator
County Administrator's Office
FROM:
Colleen Gardner, Executive Assistant
Growth Management Division
~
DATE: February 14,2003
SUBJECT: ADD-ON BOCC Agenda Item for February 19,2003
(Key Largo)
Enclosed find an Add-On Growth Management Division agenda item with packets for
the February 19, 2003, Board of County Commissioners' meeting:
BULK ITEMS:
Appr.oval for eighteen Mfordable Housing Deed Restrictions for eighteen dwelling units
from the Monroe County Housing Authority.
Thanks for your assistance! If you have any questions, please call me.
leg
Enclosures: (1 agenda item I 10 copies of each)
CC: Timothy J. McGarry, AICP, Director of Growth Management
K. Marlene Conaway, Director of Planning & Environmental Res.
Belle DeSantis, Deputy Director
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
JEB BUSH
Governor
"Dedicated to making Florida a better place to call home"
11
April 23, 2003
Ms. Dixie M. Spehar
Mayor, Monroe County Commission
1100 Simonton Street
Key West, Florida 33040
Re: Florida Small Cities Community Development Block Grant (CDBG)
Technical Assistance Contract Number 03DB-88-11-54-22-007
Dear Mayor Spehar:
We are pleased to return your executed CDBG Technical Assistance Contract with the
Department of Community Affairs (DCA). This agreement must be retained in your official CDBG files
and made available for public review upon request.
Should you have further questions or desire additional technical assistance in this matter,
please contact Mr. Rick Stauts, Financial Specialist, at (850) 922-1892, or bye-mail at
rick. stautslB>-dca. state. fl. us.
Sincerely,
~&-/~
'S'~r;ey W ~ollins, Director
Division of Housing and Community Development
SWC/hc/rgs
Enclosure
cc: Mr. James Roberts, County Adminstrator
Ms. Rebecca Jetton, DCA, Marathon
Mr. Tim McGarry, AICP, Monroe County Planning Department
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAl STATE CONCERN FielD OFFICE
2796 Overseas Highway. Suite 212
Marathon. FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. Fl 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 413-9969
HOUSING & COMMUNITY DEVelOPMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 488-7956
L1 () '7
Contract Number: 03DB-88-11-54-22-eHB
CFDA Number: 14.228
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CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the Monroe County Board of County Commissioners, (hereinafter referred to as the
"Contractor').
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.
<:1
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 and shall end June 30, 2003,
unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. This
Agreement may be extended to December 2, 2003 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-8?, "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. .
(1) 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.f1.us
(c) The name and address of the Representative of the Contractor responsible for the
administration of this Agreement is:
~iWf'
Telephon
Fax:
Email:
l'dtbJunh/" # CIJ ""-
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 otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the 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 seQ.), 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 transc;lct 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 government, 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
Contractors 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/CONSIDERA TION
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 $1 O,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 returned 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 (UlNA")]. 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, Pia. 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.
MONR~i ~~UNTY BOARD OF COUNTY COMMISSIONERS
BY:~w 'n1. ,~.L.~)
Name and title: [) I y.l f~ <5 P~!-IA~ ,nit i tJK
Date: 2--/;1/3
I I
SAMAS# FID#_:;,1f- ~~ -7ff
STATE OF FLORIDA
i{'__~J:t~):'
(SEAL)}: : ...',
ATTEST:. DANNY,l, KOLHAGE, CLERK
1Y.~oJ;LC. ~~
DEPUTY CLERK
DEPARTMENT OF COMMUNITY AFFAIRS
By>!!!::r ?;: ~U.u::J
Name and Title:
Shirley W/ CqJ:lins,
Date: ij&jLa7
Division Di~ectDr
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14
Attachment A
Scope of Work
Note: The Department is providing $10,000.00 in partial funding of a $75,000.00 contract for an
affordable housing consultant. It is anticipated that the Department will be funding some of the
activities undertaken by the consultant. Though a final report will not be created until the end of
the County's contract with the affordable housing consultant, the Department must receive a
copy of the report upon completion, even though that may be beyond the contract period.
I. PREPARE AN ANALYSIS OF MODEL(S) THAT MAY BE USED TO DEVELOP A STRATEGY
FOR THE RETENTION OF MOBILE HOME PARKS AS AFFORDABLE HOUSING.
The purpose of this work product will be to provide local government officials an analysis of
issues to be addressed and a model(s) that could be adopted and replicated in a strategy.
This task shall assume:
A. Public ownership and/or public financing of acquisition costs.
B. No forced displacement of existing residents.
C. Reduction to appropriate density through attrition.
In addition to the consultant's own experiences, this analysis shall, at a minimum, include the
following components:
A. Listing of existing parks with current zoning, densities, redevelopment density and
appropriate zoning revisions possible to improve densities.
B. Management issues faced by public entity or affordable housing non-profit organization
(substandard structures, operations, foreclosures).
C. Possible conversion to co-op ownership model with affordable restrictions in
consideration of public financing.
D. Existing versus permissible density within existing parks (how much over density).
E. Expected attrition rates within existing mobile home parks.
15
F. Expected annual operation and maintenance costs (per unit or large/small parks).
G. Expected redevelopment costs.
H Methods of preservation of long term affordability.
I. Transfer of over density TOR's.
II. PREPARE AN ANALYSIS OF THE IMPACTS OF INCREASING THE CURRENT
AFFORDABLE HOUSING SET ASIDE WITHIN THE LOCAL GOVERNMENTS' RATE OF
GROWTH ORDINANCES (ROGO)
The purpose of this work product will be to measure impacts of increasing the affordable set
aside within RaGa, to measure the capacity and infrastructure necessary to produce affordable housing
should an increase in the RaGa set aside be adopted, and to the information provided as a tool to
measure support for increasing the affordable set aside within RaGa.
This task shall assume an increase in the affordable set aside within RaGa to 35%, 45% and
55% of annual allocations.
In addition to the consultant's own experiences, this analysis shall, at a minimum, include the
following components:
A Actual number of affordable permits allocations available annually at the various levels.
B. Actual numbers of affordable permit allocations available annually by jurisdiction and
region (Upper/Middle/Lower Keys/Key West) at the various levels.
C. Capacity of existing developers and non-profits to produce units at the various levels.
O. Amount of affordable subsidy required to adequately underwrite the affordability at the
various levels.
F. Assume some appropriate mix of rental and home ownership units.
G. Assume average acquisition and construction costs. What dollars will be needed to
produce affordable units at the levels contemplated.
H. Ability to locate and acquire land at various levels
16
I. Assume some appropriate mix of rental and homeownership units with existing density
and zoning regulations to determine annual acreage necessary to accommodate units at
the contemplated levels (w/20% green space)
J. Impact to the production of market rate housing
K. Impact on local taxes by increasing new affordable housing, reducing the current
balance with market rate.
III. SOLICIT AND ANALYZE THE CURRENT STOCK OF PUBLICLY CONTROLLED LANDS
THAT MAY BE CONSIDERED FOR AFFORDABLE HOUSING
The purpose of this work product will be to identify lands that have the potential for siting
affordable housing.
This task shall assume:
A. Local government entities may currently have ownership of excess lands suitable for
development of affordable housing.
B. Only consider land suitable for development (no environmental sensitivity).
In addition to the consultant's own experiences, this analysis shall, at a minimum, include the following
components:
A. Solicitation of public bodies for listing of currently owned undeveloped properties or
developed properties that may be apprcpri.ate for redevelopment.
B. Listing and analysis of said properties for suitability for development including parcel size,
location, zoning, density and environmental conditions.
IV. STUDY THE DEVELOPMENT REVIEW/APPROVAL PROCESS FOR RECENT AFFORDABLE
HOUSING DEVELOPMENTS TO PROVIDE RECOMMENDATIONS ON IMPROVING EFFICIENCY,
REDUCING COSTS AND COORDINATION OF SOMETIMES DISPARATE APPROVAL PROCESSES
17
The purpose of this work product shall be to determine the cause of the perception that the
development review process is an obstacle to the creation of affordable housing and what changes (if
any) can be made to the processes within each municipality may be coordinated/streamlined to reduce
cost, increase productivity and improve the existing development review process.
This task shall assume:
A. The development review process is perceived to be a significant obstacle to the
production of affordable housing.
8 In addition to the consultant's own experiences, this analysis shall, at a minimum,
include the following components:
C. Identify (if any) development review obstacles are most common to all projects
reviewed.
D. Classify obstacles as either regulatory or administrative.
E. Identify any redundancies across the development review processes.
G. Recommend possible coordination that may improve development review.
H. Recommend regulator and/or administrative changes that may improve development
review.
V. ACT AS AN 'HONEST BROKER' BETWEEN DEVELOPERS, REGULATORS, ELECTED
OFFICIALS AND THE PUBLIC ON SPECIFIC PROJECTS AS DIRECTED BY THE OVERSIGHT
COMMITTEE
The purpose of this work product will be to reach consensus among parties with varying agendas
in an attempt to avoid prolonged debate or judicial action. This could avoid the department being drawn
into protracted local issues that are divisive in nature. It would also further the department's completion
of its oversight requirements from the legislature that there be substantial reduction in on-site waste
disposal in the Keys by 2010.
18
Attachment B
Budget
Consulting Services
Total
$10,000.00
$10,000.00
19
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 accordance 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 such failure.
Contractor
Monroe County Board of County Commissioners
20
Attachment D
State and Federal Program Statutes and Regulations
By signature of this Agreement, the local govemment 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 Govemment 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
1966; 51.
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 1977;
HUD Environmental Standards (24 C.F.R. Part 58); 60.
Farmland Protection Policy Act of 1981;
Clean Water Act of 1977;
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.
21
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 at.
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 1973 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 - EmploymentlTraining 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 at. 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.
22
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 shall report to 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.
23