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Resolution 002-1994 RESOIJJflON NO 002-1994 ------ A RESOLUTION OF THE MONROE COUNTY BOARD COMMISSIONERS AUTHORIZING EXECUTION OF THE DEPARTr..1ENT OF COMMUNITY AFFAIRS GRANT ,-. 0'\ AGREEMENT. CONTRACT NUMBER 94DBK-19-11-54-091-H05, S ~ BY'T~ MAYOR OF THE COUNTY AND ALL SUBSEQUENT ~ (l.. IMPl.~JiM:ENTATION DOCUMENTATION EXECUTED BY THE ;; ~ COG~Y ADMINISTRATOR OR HIS DESIGNEE, z :.:: c:c .~ ~ -, W~~AS. per Resolution 225-1993. the Board of County t:: Coiimissionil"s had authorized the submittal of a competitive housing grant application in the amount of S650,OOO to the Department of Community Atfairs (DCA); and WHEREAS, the Department of Community Affairs, State of Florida has awarded the county's grant application in the amount ofS650,OOO and presented the County with a Grant Agreement. Contract Number 94DB-19- 54-01-H05 for exeClltion by the chief elected official; and WHEREAS, per Resolution 162-1993, the Board of County Commissioners, , has executed a governmental interlocal agreement with the Monroe County Housing Authority to provide management and administrative services per affordable housing programs from the Department of Community Affairs: NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners authorizes the execution of Grant Agreement 94DB-19-11- 54-01-H05, by the Mayor of County and any subsequent grant agreement documentation by the County Administrator or his designee: and NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of County Commissioners authorizes the Monroe County Housing Authority to administer said grant agreement on behalf of Monroe County in accordance \vith all grant agreement requirements for the amount of the DCA approved specified grant administrative funds. P..'\.';SED Ai\ID ADOPTED by the Board of County Commissioners of Monroe COlln~', Florida, at a regular meeting of said Baord held on the . ~ - _20THdayof JANUARy_____, A,D, ) 994 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY DANNY L. KOLHAGE, CLERK (SEAL)1l A)",Li' Attest:~~ C. ~~ Approved as to form and legal sulliciency: Date: /.r.:H),t:"r-'-Jl- :: _ _ ,/ r~{!if SIGNATURE OF INDIVIDUALS AUTHORIZED TO SUBMIT P A Y1\lENT REOUESTS -;) --, - ".J 1 '. ~, : - , I . . f\ ' '-'! i \ :;, "\:' U I ..-------'.i-o.l,\! -\f'I ~ . I JA~I - V I:;J~ ,:1 I' . ' I I' ' .. ",!'r-;- ~ ---, '-u u L.:J L.._ .Submit three original copies for each contract ..........__._...-_._~.~.~--- Recipient: County of Monroe Contract #: 94DR-19-11-'i4-01-H05 Address: c/o SPf'dRl PrngrJ'lmc: office Contact Person: Roger Braun Monroe County Housing Authority 1403 12th Strppt Telephone: 305-292-1221 Key West, Fl. 33040 FAX: 305-292-1162 Request for funds from the State of Florida Small Cities CDSG Program will be presented to the Department and will require ~ one signature [ ] two signatures of individuals. as authorized below (check one). ALL SIGNATURES ARE BONDED. Rnepr Rr;lIln Typed name . Sign~ 2??~ Typed name Signature ~~~;;hoDe]1 ;;7 . ~'~~--' Signature Typed name Signature A non-interest bearing account has been established at the financial institution insured by the FDIC listed below for depost for CDBG funds. In the case of an escrow account, the acount is interest bearing, NationsBank #1188122 Name of Institution Account Number 3200 Flagler Avenue ~r~~~t 'of} Fi3J~~ial Institution I certify, as the recipient's Chief Executive Officer, that the above signatures are of the individuals authorized to sign requests for f s from the Small Cities Community Development Block Grant. ATTEST: DANNY L. KOLHAGE Jack London, Mayor Typed Name and Title B~cJd e fJvjM\~ / 01/20/94 Date DCA USE ONLY: ",. Date: Approved: Contract Number: 94DB-19-11.S~-01-H05 CFDA Number: 14.219 I AGREEMENT TillS AGREEMENT Is entered Into by and between the State of Florida, Department of Community Affairs with headquarters In Tallahassee, Florida (herell)after referred to as the "Department"), and the Monroe County, (hereinafter referred to as the "Recipient"). TillS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: \VHE RE AS , the Recipient represents that it is Cully qualified, possesses the requisite skills, knowledge, qualifications and experience to proyide the services identified herein, and does agree to perform as described herein, and WHEREAS, the Department has determined that the Recipient has successfully competed Cor a Community Development Block Grant (hereinafter reCerred to as "CDBG"), and The Department has authority pursuant to Sections 290.0401 - 290.049, Fla. Stat., to disburse the grant funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations In accordance with the Budget and &ope of Work, Attachment A of this Agreement. (2) lNCORPORA nON OF LAWS. RULES. REGULA nONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, Including but not limited to those Identined In Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon tbe date last signed and shall end twenty-four (24) months after signature, unless terminated earlier In accordance with the provisions of paraarapbs (7) or (9) of this Agreement. (4) MODmCAnON OF CONTRACT. Either party may request modification of the provisions of this Agreement pursuant to Rule Chapter 9B-43, Fla. Admin. Code. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to tbe original of this Agreement, (5) MONITORING. The Recipient shall constantly monitor Its performance under this Agreement to ensure tbat time scbedules are being met, the Budiet and &ope of Work Is being accomplished ,within sj)CCified time periods, and other performance aoals are beina acbJeved. Such review shall be made for each function, or activity set forth in Attaclmmt A to this Agreement and the Recipient I s Activity Hrrk Plans ._ . It 1 (6) LIABILITY. The Recipient sball 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 tbls Agreement Recipient agrees that It Is not an employee or agent of the Department, but Is an Independent contractor. (7) DEFAULT: REMEDIES: TERMINATION. (a) If any of tbe following events occur ("Events of Default"), all obligations on the part of the Department to make any furtber 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 Ennts of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further pa)ment: 1. If any warranty or representation made by the Recipient In tbls Agreement or any previous Agreement witb the Department shall at any time be false or misleading In any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants con~ined in this Agreement or any previous agreement with the Department and has not cured such in Hmely fashion, or Is unable or unwilling to meet Its obligations thereunder; 2. If any material adverse change shall occur In the financial condition of the; Recipient at any time during the term of this Agreement from the financial condition revealed In any reports med or to be med with the Department, and the Recipient fails to cure said material adverse cbange within thirty (30) days from the time the date written notice Is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, Incomplete or Insufficient Information; 4. If the Recipient has failed to perform and complete In timely fashion any of the services required under the Budget and Scope of Work attached hereto as "Attachment A;" - ' 5. If tbe necessary funds are not available to fund this agreement as a result of action by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting. (b) Upon the happening of an Event of DefauJt, tben the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the follo\\;ng 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 Recipient Is given at least fifteen (15) days prior written notice of such termination, The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth In paragraph (8) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; I 3. Withhold or suspend payment of all or any part of a request for ~yment; 2 4. Exercise any corrective or remedJal actions, to Include but not be lllnlted to, requesting addltloDallnformatloD from the Recipient to determine the reasons for or tbe ext~nt of non-compllance or lack of performance, Issuing a written warning to advise that more serioUs measures may be taken if the situation Is not corrected, advising the Recipient to suspend, I discontinue or refrain from Incuning costs for any activities In question or requiring the Recipient to reimburse the Department for the amount of costs Incurred for any Items determined to be Ineligible; S. Exercise any other rights or remedies which may be otherwise available under law. (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform In a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final Department action under Chapter 120, Aa. Stat" as amended, Notification of suspension or termination shan Include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found In non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (0 This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding tbe above, the Recipient shall not be relieved of liability to tbe Department by virtue of any breach of Agreement by the Recipient, The Department may, to tbe extent authorized by law, withhold any payments to tbe Recipient for purpose of set-off until sucb time as tbe exact amount of damages due tbe Department from tbe Recipient Is determIned, (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be In writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below and said notification attached to the original of this Agreement. (b) The Department contract manager for tbis Agreement is: Community Pro~ram Administrator Bureau of Community Develooment (c) Tbe Representative of the Recipient responsible for the administration of this Agreement is: Roger Braun, Director Special Programs Office Monroe County Housing Authority I I (d) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (8)(a) above. I 3 (9) OTHER PROVlSIONS. (a) The validity of tbis Agreement is subject to the truth and accuracy of all tbe Information, representations, and materials submitted or provided by the Recipient, or any Participating Party In this Agreement, in the Application, In any subsequent submission or response to Department request, or in any submission or response to fulfill tbe requirements of this Agreement, and such information, representations, and materials are Incorporated by reference. The lack of accuracy tbereof or any material cbanges shall, at the option Q/ the Department and with thirty (30) days written notice to the Recipient and the Participating Party, cause the termination of this Agreement and tbe release of the Department from all its obligations to the Recipient or any Participating Party. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie In Leon County. If any provision hereof is in conflict with any applicable statute or rule, or Is otherwise unenforceable, tben such provision shall be deemed null and void to the extent of such conflict, and sbaU be deemed severable, but shall not Invalidate any other provision of this Agreement, (c) No waiver by tbe Department of any right or remedy granted hereunder or failure to Insist on strict performance by the Recipient or any Participating Party shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or afTect the subsequent exercise of the same right or remedy by tbe Department for any further or subsequent default by the Recipient or any Participating Party. Any power of approval or disapproval granted to the Department under tbe terms of this Agreement shaD 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. (10) AUDIT REQUIREMENTS, (a) The Recipient agrees to maintain financial procedures and support documents, in accordance witb generally accepted accounting principles, to account for the receipt and expenditure of funds onder this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circulars A-I28 or A-I33 for the purposes of auditing and monitoring the funds awarded under thfs Agreement. . 1. The annual financial audit report shall include all manag~ent letters and the Recipient's response to all findings, including corrective actions to be taken; 4 2. The annual financial audit report shall Include a schedule of financial assistance specifically Identifying all Agreement and grant revenue by sponsoring Department and Agreement number; I I 3. The complete financial audit report, Including all Items specified In (10)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs 'Community Program Administrator Bureau of Community Development 2740 Centervlew Drive Tallahassee, Florida 32399-2100 (e) In the event the audit sbows that tbe entire funds, or any portion tbereof, were not spent in accordance with the conditions of this Agreement, tbe Recipient shall be beld liable for reimbursement to the Department of all funds not spent In accordance witb these applicable regulations and Agreement provisions within thirty (30) da)'s after the Department has notified the Recipient of sucb non-compliance. (0 The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after tbe date of submission of the final expenditures report. However, if litigation or an audit bas been initiated prior to the expiration of the three-year period, tbe records sball be retained until the litigation or audit findings have been resolved. (g) The Recipient sball have all audits completed by an independent certified public accountant (IP A) w~o 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 tbe applicable provisions noted above. (h) The audit is due seven months after the end of tbe rlSCBl year of Recipient. (11) SUBCONTRACTS. (a) H the Recipient subcontracts any or all of the work required under tbis Agreement, the Recipient agrees to include In the subcontract that tbe subcontractor is bound by tbe tenns and conditions of this Agreement with the Department. (b) The Recipient agrees to Include in the subcontract tbat tbe subcontractor sbaJl hold the Department and Recipient banuless against all claims of whatever nature arising out of tbe subcontractor's perfonnance of work under tbls Agreement, to the extent allowed and required by law. See Attachment E for any additional terms & conditions pertaining to subcontracts. (12) TERMS AND CONDmONS. The Agreement contains all the tenus and conditions agreed upon by the parties, (13) ATTACHMENTS. (a) All attachments to tbis Agreement are incorporated as if set out fully herein. 5 (b) In the event of any Inconsistencies or connict between the language of this Agreement and the attachments hereto, the language of such attachments sban be controlling, but onl)' to tbe extent of sucb connlct or Inconsistency. (14) STANDARD CONDmONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat, (b) ir otherwise anowed under this Agreement, extension of an Agreement for contractual services shall be In writing for a period not to exceed six (6) months and shall be subject to the same tenns and conditions set Cortb in the initial Agreement, There shall be only one extension of the Agreement unless the Cailure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of tbe Recipient. (c) All bills for fees or otber compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit tbereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted In accordance witb s. 112.061, Fla. Stat. (e) The Department oC Community Affairs reserves tbe rigbt to unilaterally cancel this Agreement for reCusal by tbe Recipient to allow public access to all documents, papers, letters or otber material subject to the provisions of Cbapter 119, Fla. Stat., and made or received by the Contractorl Recipient in conjunction witb tbe Agreement, (15) ST ATE LOBBYING PROlllBmON. No funds or otber resources received from tbe Department In connection witb this Agreement may be used directly or Indirectly to Innuence legislation or any otber official action by tbe Florida Legislature or any state Department. ReCer to Attachment G Cor additional tenns and provisions relating to lobbying. (16) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive tbe Cunds to be provided under this Agreement and tbat, iC applicable, its governJng body has authorized, by resolution or otherwise, the execution and acceptance oC this Agreement with all covenants and assurances contained herein, The Recipient also certifies tbat tbe undersigned possesses the authority to legally execute and bind Recipient to tbe tenns oC this Agreement. (17) ASSURANCES. The Recipient shall comply with any Statement of Assurances Incorporated as Attachment I. (18) VENDOR PAYMENTS. 6 Pursuant to Chapter 215.422, Florida Statutes, the Department shall Issue payments to vendors within 40 days after receipt of an acceptable Invoice and receipt, Inspection, and acceptance of goods and/or services provided In accordance with the terms and conditions of the Agreement. Failure to Issue the warrant within 40 days shall result In the Department paying Interest at the rate of one percent per month calculated on a dally basis on the unpaid balance. The Interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state Department may- receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (19) SPECIA~ CONDmONS. (a) The Recipient shall comply witb tbe special conditions set forth In Attachment K, attached bereto and incorporated by tbis reference. (b) Failure of the Recipient to comply with the special conditions listed In Attachment K or tbe program statutes and regulations In Attachment B of this Agreement shall be cause for the immediate suspension of payments or tbe Immediate termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly autborized. RECWIE~ -. '.i'~'~~ BY: --- JACK LONDON, MAYOR/CHAIRMAN (SEAL) ~ ti A -...IV. L. ltoLHAGE, Cleu~ ATTEST: oPlU"A'4. BY ~ C. ~ ;J(M'tfvy / Date: 01-20-94 Federal Employer 1.0. ST A TE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Thomas A. Pierce, Chief Bureau of Community Development Date: 7 lo: ~ o ~ II. o ~~ l() P. III 1<(0 ., U ..... I:: ~ ~_ en 9 tI ~e Lf1; ~ ~ ~ ~ ~ -~ ~ t ~ ~ .~ ~ 1<(8 i4s g :5 !Xl '8: I<( ~ 8 ~ p. "-- -'- --- - - -- - - - -,- -- - - - - .- - E III ~ ~ E 8'8 ~ I:: p. H --------------------------- III '0 ~ ~ ~ ~ .c: ., o ..... a -------------------------------- III ~ -.-4 ~ III -.-4 o -.-4 ~ ~ I:: ~ !Xl ..... 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E-< -------------------------------- Attachment B PROGRAM STA11JTES AND REGULATIONS (a) This Agreement and the CDBG Program are governed by the following statutes and regulations: (1) Community Development Block Grant, Flnal Rule, 24 C.F.R, Part 570; (2) Florida Small and Minority Business Act, s. 288.702-288.714, F.S.; (3) Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.; (4) Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.S.; (5) Title I of tbe Housing and Community Development Act of 1974, as amended; (6) Treasury Circular 1075 regarding drawdown of CDBG funds and 24 C.F.R. Section 570.511; (7) Sections 290.0401-290.049, Fla. Stat.; (8) Rule Chapter 9B-43, Fla. Admin. Code; (9) Department of Community Affairs Technical Memorandums; (10) BUD Circular Memorandums applicable to the Small Cities CDBG Program; and (11) Single Audit Act of 1984, (b) Addition~1 program provisions governing this Agreement are: (1) The Recipient agrees that future changes in applicable laws, rules, and regulations governing the Federal and local CDBG program are applicable to this Agreement on their effective dates, or in the case of Fla. Admin. Code, Rule Chapter 9B-43, upon dissemination by the Department of a Technical Memorandum so advising recipients, Failure of the Recipient to acknowledge receipt shall not invalidate this provision. (2) The Department shall review the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as described In the appro\'ed Application and this Agreement In accordance and compliance with the requirements of s. 290.041-290.049, Fla. Stat., as amended, Fla. Admin. Code, Rule Chapter 9B-43, as It may be amended from time to time, and other applicable state and Cederallaws and regulations. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written request by the Recipient and/or upon a determination by the Department of Recipient need. . (3) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, sub recipients and subcontractors during such activities. 9 (4) If the Recipient has not resolved any monitoring findings wlthiD the prescribed time frame or has not submitted a monitoring report response, a IS-point score reductlon will be assessed for each uDresolved monitoring finding pursuant to Fla. Admin. Code, Rule 9B- 43.006(7)(b). This score reduction penalty shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or Joint, until the ReclpleDt has successfully competed for CDBG funding ID any category. (5) If the Recipient falls to meet the contracted-for number of jobs without an amendment In the most recently closed-out Economic Development grant, a IS-point polDt score reduction will be assessed pursuant to Fla. Admin. Code, Rule 9B-43.006(7)(b). This score reduction penalty shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or Joint, until the Recipient has successfully competed for CDBG funding in any category. (6) If at any time after the effective date of this Agreement, the Department detennines that an activity to be funded Is not eligible pursuant to Fla. Admin. Code, Rule Chapter 9B-43, as it may be amended from time to time, 24 C.F.R. Part 570 or aDY subsequent federal regulation which supersedes it, the Department may unilaterally amend this AgreemeDt to delete . the Ineligible activity aDd de-obligate any unencumbered funds attributable to the Ineligible activity. Any funds expended on an aeth'ity subsequeDtly deemed ineligible shall be repaid to the Department within 30 days of receipt of a request from the department for said repa)'D1ent; provided, however, that any activities which become ineligible solely as a result of a change in state or federal regulations, shall not result iD fUDds expended prior to the chaDge in regulations having to be repaid to the Department. (7) In the event that the Department suspends funding pursuaDt to the provisions of this AgreemeDt, said suspensloD shall take effect as of the receipt of tbe notice of said suspension by the Recipient. Any requests for payment for whlcb the Department bas not yet disbursed payment shall be subject to said suspension. (8) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security agreement, or other obligation specified in any Participating Party Agreement or in any written contract with a beneficiary, contractor, agent, or subreclplent who received payment or benefit from funds disbursed under this Agreement, tbe Department may, with thirty days (30) written notice to the Recipient, automatically substitute Itself for the Recipient In said Participating Party Agreement or written contract for the purpose of enforcing said Participating Party AgreemeDt or written contract and may, at its discretion, continue to administer said Participating Party Agreement or written contract. (9) The Application as it existed after the completeness period Is made a part of this contract by reference. (10) If the Recipient has not submitted an audit report In accordance with OMB Circular A-128 within the time frame specified in paragraph 10(h) of this Agreement, a IS-point score reduction will be assessed against any subsequent application received for each failure to timely submit a required audit report pursuant to Fla. Admin. Code, Rule 9B-43.006(7}(a). This score reduction penalty shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or Joint, until the Recipient bas successfully competed for CDBG funding in any category. If the Recipient bas not taken aetlon to resolve an audit finding within the prescribed time, a IS-point score reduction will be assessed against any subsequent . application received for each outstanding audit finding. This score reduction penalty shan continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or Joint, until the Recipient has successfully competed for CDBG funding In any category. 10 (II) The Recipient, its employees, and agents, shall maintain records and supporting documents as prescribed In 24 C.F.R. Section S70.490(b), "Unit of general local government records"; 24 C.F.R. Section S70.490(c), "Access to records"; Fla. Admin. Code. Rule 9B- 43.014(10); and 24 C.F.R. Part 8S. These records shall be maintained at a readily accessible site within the Jurisdiction and under the Jurisdiction's control. (12) If the Recipient has not submitted a closeout package as provided in Fla. Admin. Code. Rule 9B-43.006(7)(c), as such rule may be amended from time to time, a IS-point score reduction will be assessed against any subsequent application received. This' Kore reduction penalty shall continue to be assessed against all eligible CDBG applications submitted by the Recipient. both Individual or Joint. until the Recipient has successfully competed for CDBG funding In any category. (13) Program Income is defined in 24 C.F.R. Section S70.489(e), Pursuant to 24 C.F.R. Section 570.489(e)(2)(li)(C), program income retained by a Recipient must be substantially disbursed before requesting additional funds from the Department. (14) The Recipient must report any program Income on hand from this or any other CDBG grant on the semi-annual program income report. (IS) The Recipient may only retain program Income for tbe purpose of continuing the same activity from which the program Income was derived. Any program Income retained must be expended prior to the submission of an administrative closeout package. The same activity is defined as. "additional units of the same eligible activity with tbe same direct beneficiaries to be undertaken and completed prior to submission of an administrative closeout package." In tbe housing category. the Recipient may complete additional eligible bouslng rehabilitation prior to . submission of an administrative closeout package if an amendment approving such bousing rehabilitation is approved In writing by the Department. (16) All Recipient or Subrecipient contracts for which CDBG is in any part a funding source. shall contain language to provide for termination witb reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date tbe notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is receiv~ by the Recipient may not be funded with CDBG funds unless previously approved hi writing by the Department consistent with 24 C.F.R. Part 8S. All subreclplent contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event. (17) All amendments requiring prior Department approval must be approved In writing by the Department prior to the Reclplent.s submission of a closeout package, Any closeout package received prior to the written approval of said amendment is considered void ab Initio. and is not considered a closeout package for the purposes of eligibility or potential penalty issues related to closeout. (18) Submission of inaccurate information by the Recipient in monitoring report responses; audit or audit finding responses; quarterly. closeout. program income, or other reports; or Requests for Funds that result in subsequent official Department action based on tbat Inaccurate information (such as the granting of administrative or final closeout status. releasing funds. or clearing findings) may. at the option of the Department. subject the Recipient to one or more of the following remedies: a. Revocation of the official Department actlon(s) predicated on that report or submission, e.g.. revocation of closeout status. audit clearance, monitoring report clearance, etc. 11 b. Such other actions as provided in Fla. Admin. Code, Rule Chapter 9B-43, based on the revocation of any official action taken by the Department ,,'Wcb was predicated on tbe Incorrect information. c. In tbe case or an administrative closeout status, It would result In the nullification of the eligibility of the Recipient to apply for and receive additional CnBG funding In accordance with Section 290.046(2)(c)(l), Fla. Stat.. Such revocation of administrative closeout status would also affect subsequent Department actions made on that basis, and could Include the cancellation of any subsequent grant awards and repayment by the Recipient of any grant funds previously expended under the nullified grant contract. (19). Funds expended for otherwise eligible activities prior to the effective date of this Agreement, except for those provided for in paragrapb 3(A) of Attachment L - Special Conditions, or prior to tbe effective date of the enabling amendment wberein tbe Department agrees to their eligibility, fundability, or addition to this Agreement, are ineligible for funding or reimbursement with CnBG funds. (20) An administrative closeout package shall contain the submission detailed in Fla. Admin. Code, Rule 9B-43.014(7)(b) and be dated and executed by tbe cwet elected official or the previously established designee of that cWef elected official. Should the closeout package be Incomplete, Illegible, or unsigned, it will be considered void ab initio and is not considered a closeout package for purposes of eligibility or potential penalty issues related to closeout. (21) Pursuant to Fla. Admin. Code, Rule 9B-43.014(6), the minimum score witbin the fundable range for the application cycle In which this Agreement is originally approved will be determined by tbe final ranking after appeals. The Recipient sball be advised or this score upon of completion of any appeais process. Any amendment which would reduce the score below the fundable range shall not be approved by tbe Department. 12 Attachment C RECORDKEEPING (a) If applicable, recipient's performance under this Agreement shall be subject to 24 C.F.R. Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local. and Federally RecognJzed indian Tribal Governments" or OMB Circular No. A-ltO, "Grants and Agreements with Institutions of mgh Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Coo Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-J22, "Cost Principles for Nonprofit OrganJzatlons." If this Agreement Is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close- out report, whichever is later, with the following exceptions: (1) If any litigation. claim or audit Is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings Involving the records have been resolved. (2) Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. (3) AU records relating to real property acquisition shall be retained for three years following final closeout or until the period for retention of relevant displacement records has expired, whichever is appropriate. (4) Records relating to displaced persons or businesses shall be retained Cor three years following final closeout or resolution of all claims and litigation, which ever comes last. (c) All records, Including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment. A - and all other applicable laws and regulations. (d) Tbe Recipient, Its employees or agents, Including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, Its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during nonnal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall Include, but not be limited to, auditors retained by the Department, 13 Attachment D REPORTS (a) At a minimum, the Recipient shall provide the Department with a c1ose-out report on fonns provided by the Department and such other reports as are deemed necessary from time to time by the Department. (b)' The c1ose-out report is due no later than forty-five (45) days after termination of this Agreement or upon completion of the activities contained In this Agreement, (c) U all required reports and copies are not sent to the Department ot are not completed In a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth In paragraph (7). The Department may terminate the Agreement with a Recipient If reports are not received within thirty (30) days after written notice by the Department. "Acceptable to the Department" means that the work product was completed In accordance with generally accepted principles and Is consistent with the Budget and Scope of Work. (d) Upon reasonable notice, the Recipient shall provide such additional program updates or Information as may be required by the Department. 14 Attachment E SUBCONTRACTS (a) If the Recipient subcontracts, a copy or the executed subcontract must be forwarded to the Department within ten (10) days after execution. (b) The Recipient may delegate to any other unit or department of the local government the responsibility to undertake or carry out specific grant activities, (c) The Recipient may, by written agreement, designate one or more autonomous public agencies, Including existing agencies and other local governments, to undertake or carry out grant activities for the city or county. All autonomous public bodies so designated shall be considered subreclpients as defined in 24 C.F.R. Part 570. Such written agreements shall be executed In accordance with 24 C.F.R. Section 570.503. Subrecipients undertaking or carrying out community development activities shall do so In confonnance with F1a. Admin. Code, Rule 9B-43.014, as it may be amended from time to time, and all applicable state and federal laws, rules and regulations. (d) Delegations, designations and contractual arrangements as authorized under this section shall in no way relieve the Recipient of Its responsibilities to ensure that the CDBG Small Cities Program Is administered in accordance with all state and federal requirements. 15 Attachment F F1JNDING/CONSIDERA nON Reimbursement Contracts (a) This is a cost-reimbursement Agreement. Tbe Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder In an amount not to exceed $650,000.00, subject to tbe availability of funds, (b) Any advance payment under this Agreement Is subject to s, 216.181(14), F10rida Statutes, Tbe amount which may be advanced may not exceed the expected cash needs of tbe Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to 24 C.F.R. Part 85, 24 C.F.R. Part 570, Cederal OMB Circulars, A-HO, A-122 and the Cash Management Improvement Act of 1990. With respect to a Recipient which is a local government, all interest which may be earned on all advances of federal funds received hereunder must be promptly, but at least quarterly, remitted to the Department for forwarding to the federal Department that provided the funds. However, the local government is not required to deposit such advances in an interest-bearing account, unless otherwise required berein. (c) All funds shall be requested on forms provided by the Department for that purpose which accompany this Agreement, 16 Attachment G LOBBYING PROlllBmON The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence either directly or Indirectly an officer or employee of any state or federal agency, a member of the Florida Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or wiD 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 shan require that the language of this certification be included in the award documents for all subawards at all tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shan certify and disclose accordingly. This certification Is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any persons who faUs to file the required certification shan be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ~, JACK LONDON, MAYOR/CHAIRMAN Type Name and Title APPROVCD A <; Y" oN'" . '..~tJ?JEGAL!)~.'- . ~~~_. ,." ____I; 1/1- 1;4 (SEAL),.,'. k ""'A'O.o.1"tT La. XOliHAGE, Cler ATTEST:u 1'1'1" ~ BY !Ja~ c, /:1;yj~ I 17 q Not applicable to this Agreement Attachment H COPYRIGHT. PATENT AND TRADEMARK 18 Attachment I ST A TEMENT OF ASSURANCES The Recipient hereby assures and certifies that: (a) It possesses legal authority to enter Into this agreement, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive officer to act In connection ",ith the application and to provide such additional Information as may be required. (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the governing body of the locality in which the program Is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or Indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement, The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such Interest pursuant to the purposes stated above. (d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review (lC & R) process, and tbat either: (1) Any comments and recommendations made by or througb clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. (e) . It has facilitated or will facilitate citizen participation by: , (1) Providing citizens witb an opportunity to participate in the determination of priorities in community development and bousing Deeds; (2) Providing adequate notices for ODe or more public hearings; and (3) Holding one or more hearings on the proposed application before adoption of a resolution or similar action by the local governing body authorizing the signing of the application. (0 Its chief executive officer or other officer of Recipient approved by the State: (1) Consents to assume the status of a responsible Federal official under tbe National Environmental Policy Act of 1969 (NEPA) and otber provisions of Federal law, as specified In 24 C.F.R. Part 58, which furthers the purposes of NEPA, insofar as the provisions of such Federal law apply to the Community Development Block Grant Program; and (2) Is authorized and consents on behalf of the Recipient and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official, I 19 II (g) The Community Development program has been developed so as to give maximum feasible priority to activities which will benefit low and moderate Income families. or aid In the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the Recipient certifies. and the State detennines, that all or part of the community development program activities are designed to meet other community development needs having a particular urgency as specifically explained In the application.) (h) It will comply with the regulations. policies, guidelines and requirements of 24 C.F.R. Part 85.0MB Circulars Number A-87. A-HO. and A-122 as they relate to the application. acceptance. and use of Federal funds under this document. . (i) It will comply with: (1) Section no of the Housing and Community Development Act of 1974, as amended. 24 C.F.R. Section 570.605, and State regulations regarding the administration and enforcement of labor standards; (2) The provisions of the Da,'is-Bacon Act (40 U.S.C, 276 a-S) with respect to prevailing wage rates (except for projects for the rehabilitation of residential properties of fewer than eight units) and HUD Handbook 1344, as revised; (3) Contract Work Hours and Safety Standards Act of 1962. 40 U.S.C. 327 et seq., requiring that mecharucs .and laborers (Including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked In excess of forty hours In a work week; and (4) Federal Fair Labor Standards Act. 29 U.S,C. s, 201 et seq.. requiring that covered employees be paid at least the minimum prescribed wage. and also that they be paid one and one- half times their basic wage rates for all hours worked In excess of the prescribed work-week. (j) It will comply with all requirements Imposed by the State concernJng special requirements of law. program requIrements, and other administrative requirements, approved in accordance .with 24 C;F.R. Part 85. (k) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (p.L, 88-352), and the regulations issued pursuant thereto (24 C.F.R. Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or Improved with the aid of Federal financial assistance extended to the Recipient, this assurance sha)) obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Title VIII of the Civil Rights Act of 1968 (Pub, L. 90-284). as amended, administering all programs and activities relating to housing and community development in a manner to affinnatively further fair housing; and wi)) take action to affinnatively further fair housing In the sale or rental of housing, the financing of housing, and the provision of brokerage services; 20 (3) E.O. 12259, Leadersbip and Coordination of Fall' Housing In Federal Programs, requiring tbat programs and activities relating to bousing and urban development be administered In a manner affirmatively to further tbe goals of Title vm of tbe Civil Rights Act of 1968; (4) Section 109 of tbe Housing and Community Development Act of 1974, as amended, and tbe regulations issued pursuant tbereto (24 C.F.R. Section 570.601), which provides that no person in th~ United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation In, be denied the benefits of, or be subjected to discrimination under, any program or activity funded In whole or in part witb funds provided under the Act; (5) Any prohibition against discrimination on tbe basis of age under tbe Age Discrimination Act of 1975 or with respect to otberwise qualified handicapped Individuals as pro\'ided in Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; (6) Executive Order 11063 on equal opportunity in bousing and nondiscrimination in the sale or rental of housing built with Federal assistance; and (7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto (24 C.F.R. Part 130 and 41 C.F.R. Part 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during tbe performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and election for training and apprenticeship. 0) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-income persons residing within the unit of local government in which the project is located; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing within the unit of local government. (m) It will: (1) Comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, as required under 24 C.F.R. Section 570.496(a)(b) and Federal implementing regulations at 24 C.F.R. Part 24; the requirements in 24 C.F.R. Section 570.496(a)(c) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification that the Recipient is following such a plan); the relocation requirements of 24 C.F.R. Section 570.496(a)(d) governing optional relocation assistance under section 105(a)(ll) of the Act; and HUD Handbook 1378, as revised. (2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.602. (n) It will: (1) Comply with Title n (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUn implementing regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.606; (2) Provide relocation payments and offer relocation assistance as described In Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of 21 acquisition of real property for an activity assisted under the Community Development Block Grant program. Such payments and assistance shall be provided In a fair and consistent and equitable manner that Insures that the relocation process does not result In different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of Income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and Individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of Income; and (4) Inform affected persons of the relocation assistance, policies and procedures set forth In the regulations at 49 C.F.R. Part 24 and .24 C.F.R. Section 570.489(b). (0) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for tbemselves or others, particularly tbose with whom they have family, business, or other ties pursuant to s. 112.313 and 5.112.3135, Fla.. Stat. and 24 C.F.R. Section 570.611. (p) It will comply with the Anti-kickback (Copeland) Act of 1934, 18 V.S.C. s. 874 and 40 U.S.C. s. 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (q) It will comply with the provisions of the Hatch Act, which limits the political activity of employees. (r) It will give tbe State, BUD and the Comptroller Gi:neral, through any authorized representatives, access to and the right to examine all records. (5) It will insure that the facilities under Its ownership, lease or supervision which shall be utilized in the accomplishment or the program are not listed on the Environmental Protection Agency's (EP A) list of Violating Facilities and that it will notify the State of the receipt of any communication from the Director or the EPA Office of Federal Activities Indicating that a facility to be used In the project is under consideration for listing by the EPA. (t) . It will comply with the nood insurance purchase requirements or Section 102(a) of the Flood Disaster Protection Act of 1973. Pub, L. 93-234, 87 s. 975, approved Dec:ember 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of nood Insurance In communities where such Insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use In any area, that has been identified by tbe Secretary or the Department of Housing and Urban Development as an area having special nood hazards, The phrase "Federal financial assistance" Includes any fonn of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other ronn or direct or indirect Federal assistance. (u) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "Uniform Federal Accessibility Standards," (UFAS) which is Appendix A to 41 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 C.F.R. Part 40 for residential structures. The Recipient will be responsible for conducting Inspections to ensure compliance with tbese specifications by the contractor. (v) It will, In connection with Its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic 22 Preservation Act of 1966 (16 V.S.C. 470), Executive Order 11593, 24 C.F.R. Part 800, and the, Preservation of Archaeological and Historical Data Act of 1966 (16 V.S.C. 469a-l, et seq.) by: i (1) Consulting with the State Historic Preservation Officer to Identify properties listed in or eligible for Inclusion In the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (w) It will comply with: (1) the National Environmental Policy Act of 1969 (42 V.S.C. s. 4321 et seq.) and 24 C.F.R. Part 58; (2) Executive Order 11988, floodplain Management; (3) Executive Order 11990, Protection of Wetlands; (4) The Endangered Species Act of 1973, as amended (16 V.S.C, s. 1531 et seq.); (5) The Fish and Wildlife Coordination Act of 1958, as amended, (16 V.S.C. s. 661 et seq.); (6) The Wild and Scenic Rivers Act of 1968, as amended, (16 V.S.C. 5, 1271 et seq.); (7) The Safe Drinking Water Act of 1974, as amended, (42 V.S.C. s. 300f et seq.); (8) Section 401(0 of the Lead-Based Paint Poisoning Prevention Act, as amended (42 V.S.C. s. 4831(b) et seq.); (9) The Clean Air Act of 1970, as amended (42 V.S.C. s. 7401 et seq.); (10) The Federal Water Pollution Control Act of 1972, as amended, (33 V.S.C. s. 1251 et seq.); (11) The Clean Water Act of 1977 (Public Law 95-217); (12) The Solid Waste Disposal Act, as amended by tbe Resource Conservation and Recovery Act of 1975 (42 V.S.C. s. 6901 et seq,); (13) Noise Abatement and Control: Departmental Policy Implementation Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; (14) Flood Disaster Protection Act of 1973, P.L. 93-234; (15) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; (16) Coastal Zone Management Act of 1972, P.L. 92-583; (17) Executive Order 11593, "Protection and Enhancement of tbe Cultural Environment"; 23 (18) Architectural and Construction Standards; (19) Architectural Barriers Act of 1968, 42 V.S.C. 4151; (20) Executive Order 11296, relating to evaluation of nood hazards; (21) Executive Order 11288, relating to the prevention, control and abatement of water pollution; (22) Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39; (23) Sectlon 8 Existing Housing Quality Standards, 24 C.F.R. Part 882, (24) Executive Order 11593 - Protection and Enhancement of Cultural Environment; (25) Reservoir Salvage Act; (26) Farmland Protection Policy Act of 1981; and (27) Coastal Barrier Resources Act of 1982; (x) It will comply with all parts of Title I of the Housing and Community Development Act of 974, as amended, which have not been cited previously as well as with other applicable laws, (y) It will abide by the provisions of s. 116.111, Fla. Stat., pertaIning to nepotism in its performance under this agreement. (z) The Recipient will include the provisions outlined in s. 287.055 and 287.058, Fla. Stat., when negotiating contracts for services, (aa) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged In nonviolent civil rights demonstrations; and has adopted and is enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of Public Law 101-140 or tbe 1990 BUD Appropriations Act. (bb) It will comply witb Section 319 of Public Law 101-121, as provided in the "G<lvernmentwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federal Re2ister, which prohibits recipients oUederal contracts or grants from using appropriated funds for lobbying in connection with a grant or contract, and requires that eacb person who requests or receives a federal contract or grant, and their subrecipients, disclose lobbying undertaken with non-federal funds (See Attachment D). (cc) It will expend a minimum of seventy (70) percent of the aggregate of CDBG funds for activities that meet the provisions of 24 C.F.R. Section 570.208(a) for benefiting low and moderate Income persons. (dd) It will comply with Section 102 of tbe BUD Reform Act of 1989 and with 24 C.F.R. Part 12. (ee) Department Technical Memorandums relating to the CDBG Program. 24 (fI) HUD Circular Letters appropriate to the Small Cities CDBG Program 25 Attachment J PROPERTY MANAGEMENT AND PROCUREMENT (a) The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Aa. Admin. Code Rule 9B-43.014(1), as it may be amended from time to time; and relevant state and local laws applicable to the procurement ot supplies, equipment, construction, and sen'lces. (b) The Recipient shall comply with unitonn standards governing the utilization of property prescribed in 24 C.F.R. Part 85 and in 24 C.F.R. Part 570. 26 , . ATTACHMENT K SPECIAL CONDmONS 1) This Agreement shall be executed by the Recipient and returned to the Department at its offices at 2740 Centen-Iew Drive, Tallahassee, Florida, within thirty (30) days af'ter receipt, in accordance with Fla. Admin. Code Rule 9B-43.014(2), AU time periods in . this Agreement refer to calendar days. Aner receipt by the Department of the signed ~ Agreement and those submissions required In paragraph two (2) of this Attachment K, the Department will execute this Agreement a~d return an original to tbe Recipient. 2) The Recipient must satisfy tbe following provisions prior to the execution of this Agreement by the Department, but in any case, no later than thirty (30) days from tbe date of execution of this Agreement by the Recipient: A) De"clop, subject to the approval of the Department, dctalled Work Plans for each activity to be funded as described In tbe Application. The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, Including but not limited to schematic design, bidding and negotiations, and three IntermedJate dates for completion of portions of tbe activities (i.e., 33%, 66%, and l00~ completion). Pursuant to OMB Circular A-87, Attachment B, Paragraph 32, funds obligated or expended prior to the effective date of this Agreement are ineligible for reimbursement except those expenses to comply with the requirements of 24 C.F.R. Part 58; B) Submit to tbe Department tbe completed Civil Rights Profile Form included in the 1991 State CDBG Implementation Manual to facilitate the Department's civil rigbts review; C) Establish a separate non-interest bearing checking account ("tbe CDBG operating account") for the purpose of this grant, This non-Interest bearing checking account shall be used for all CDBG expendJtures unless an escrow account is established pursuant to 24 C.F.R. Section 570.511 for payments to contractors for rebabilitation or single-family dwellings or multi-family dwellings containlng no more that four bousing units. Funds will be dispatcbed by the Department directly to tbe CDBG operating account. Three copies with original signatures of tbe Signature Authorization Form included in the 1991 State CDBG Implementation Manual shall be returned to the Department. Each indJvfdual autborized to request funds from the Department or who Is a signatory on tbe CDBG operating account must be bonded; D) Verify that no one has initiated any activity or Incurred any expense with respect to any activity which Is to be performed as a part of this Agreement and is described in the Recipient's Application, as amended, for Small Cities Community Development Block Grant funds. No activity to be funded by the Department pursuant to this Agreement may be initiated prior to tbe effective date of tbe Agreement, except as provided for in paragraph 3(A) of this Attachment K. Funds expended for otherwise eligible activities prior to tbe effective date of this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibiUty or addition to tbe Agreement are Ineligible for funding or reimbursement; and 27 E) Establish, if desire by the Recipient, a separate interest bearing checking account ("the CDBG escrow account") for the purpose of payment of the housing rehabilitation activity expenditures during the term of this Agreement. This interest bearing checking account shall be used only for CDBG expenditures pursuant to 24 C.F.R. Section 570.511 for payments to contractors for rehabilitation of single-family dwellings or multi-family dwellings containing no more that four housing units. Funds will be dispatched by the Department directly to the CDBG operating account. Three' copies with original signatures of the Signature Authorization Form included in the 1991 State CDBG Implementation Manual shall be returned to the Department tor the CDBG escrow account. Each individual authorized to request tunds from the Department or who is a signatory on the CDBG escrow account must be bonded. All interest accruing on the CDBG escrow account shall be forwarded to the Department on no less than a quarterly basis for submission to the U.S. Department of Housing and Urban Development. 3) Prior to the obligation or disbursement ot any funds, except for administrative expenses not to exceed Five Thousand Dollars ($5,000), but In any case, no later than ninety (90) days from the effective date of this Agreement, the Recipient shall undertake the following: A) Comply with procedures set forth In 24 C.F.R, Part 58. Environmental Review Procedures tor Title I Communlty Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Polley Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; B) Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act 011970 (URA), as amended, the Recipient shall document completion of the notice requirements provided in HUD Handbook 1378, Change 1; C) If the Recipient claimed points on Form CDBG-H-3 for the expenditure 01 local funds for administration purposes, the Recipient shall document that its annual budget allocates an appropriate pro-rata portion 01 the local contribution 01 said administrative funding for the remainder 01 the Recipient's current fiscal year. An appropriate pro-rata portion 01 the local contribution shall be allocated in all future adopted annual budgets for succeeding rIscal years until the grant is closed out; and D) The Recipient shall document by letter agreement, grant or loan contract, or certincation from the appropriate third party, the state, lederal, or local public programs linked to the grant and claimed for points on Form CDBG-H-4. The linkage shall be documented by projected beneficiary, type of assistance, and projected dollar amount. Each program linked to the grant must contribute to the rehabilitation cost of a residential structure being rehabilitated Jointly with CDBG funds, or provide direct assistance to the low and moderate Income family residing In a housing structure being rehabilitated with CDBG funds, Any reduction of or change in the number or function of linked programs, shall be only accomplished by contract amendment. The Recipient shall expend and document (or document the expenditure only It done by others) the 28 ....1 .._,,,.--,,,,,,...,_.,,~_._-,,.. ~._--^ amount of the funds from the state, federal, or local public programs on one, some, or all of the proposed beneficiaries or households being assisted by the CDBG funds as stated in the Application (Section CDBG-H- 4(B.2)) and the Work Plans required in paragraph 2(A) of this Attachment K. The documentation requirements of this expenditure shall survive the term of this Agreement. 4) Prior to obligating or requesting funds for expenses other than those for administration, -architectural, or engineering, the Recipient shall obtain copies of all permits required for any activity contained in the Application that is to be funded by this Agreement and any other approval that may be required by the Department or any federal, state, or local governing body or agency baving jurisdiction over such matters. At such time as may be requested by the Department, the Recipient shall submit copies of all such required permits and satisfactory evidence of any other required approvals to the Department. 5) The Recipient, by executing this Agreement, does thereby certify that there will be no program income generated as a result of this grant. However, should program income be inadvertently generated, it will be returned to the Department within three working days of receipt of said program income. Program income is defined in accordance with 24 C.F.R. Section 570.489(e). Should the program income be generated from the payment of a loan made by the Recipient to an eligible beneficiary for the purpose of housing rehabilitation, the Recipient may only undertake additional eligible housing rehabilitation prior to closeout with the proceeds of such repayment, or return the program income to the Department. 6) The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting the rehabilitation case me for that structure that the Recipient and the beneficiary are in compliance with the F100d Disaster Protection Act of 1973. This documentation must address such things as elevation requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a floodplain that is rehabilitated to any extent with CDBG funds shall acquire and maintain insurance under the National F100d Insurance Program until after Administrative Closeout. 7) The Recipient shall maintain records of its expenditure of funds that wiD allow accurate and ready comparison between the expenditures and the contracted budget line items by contracted activity as defined on Attachment A and on the Work Plans required in paragraph 2(A) of this Attachment K. Local contributions shaD be charged against the appropriate local budget line item as expenses occur, and all expenditures claimed for local administrative contribution must be expended during the term of the Agreement. This contribution may not be modified, amended, deleted, or waived during the term of the Agreement. 8) The Recipient shall expend and document the expenditure of the amount of funds claimed for points in the Application on Form CDBG-H-3 in the Application and reflected on Attachment A to this Agreement. Local funds to be expended shall be expended for administration costs and shall be expended concurrently with expending CDBG funds for the same activity. The expenditure of local funds shall be documented as if they were CDBG funds, The documentation of the expenditures shall be reviewed by the Department prior to the approval of administrative closeout and shaD survive the term of this Agreement. 29 ,"",.~{., . . 9) The Recipient shall comply with the historic preservation requirements or 24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilltatlnl! Historic Buildln!!s, 10) A deed restriction shall be recorded on any real property acquired with CDBG runds as a part of this Agreement as amended that shall limit the use of that real property to the use stated In the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient Is located. Any future disposition of that real property shall be In accordance with 24 C.F.R. Section 85,31. 11) The Recipient shall conduct all public hearings relating to this Agreement and performance thereunder In a location that Is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 12) The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require that such updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and Its absence or incompleteness shall be cause for rejection of such administrative closeout. 13) The Recipient must prepare and adopt procedures for providing housing rehabilitation assistance to low and moderate income beneficIaries. A copy of the procedures must be provided to the Department prior to the initiation of construction on any housing unit. The procedures shall include at a minimum contain, but not be limited to, the following: A) Specify the terms and conditions under which the rehabilitation assistance will be provided; B) Provide that all housing units to be rehabilitated will be occupied at the time the assistance Is provided; C) Provide that after rehabilitation under this Agreement has been completed, all housing units addressed with CDBG funds will be in compliance with all local, state, and federal building codes and meet the Section 8 Housing Quality Standards as promulgated by the U.S, Department or Housing and Urban Development; D) Provide that no housing unit owner, lessor, lessee, tenant, or occupant, or employee or Immediate relative of the same, either personally or corporately, shall serve as a contractor or sub-contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building; E) Establish a maximum of CDBG funds that will be expended on the rehabilitation of any housing unit; F) Specifically state whether or not the Recipient will assist In the rehabilitation or rental units with CDBG funds. It the Reclpient desires to assist in the rehabilitation of rental units, describe the conditions under whleh rental units will be rehabilitated with CDBG funds and the methods that the Recipient will employ to ensure that the rents remain affordable 30 " to low and moderate Income families. The Recipient must ensure that the rents remain affordable for a period of at least five years. "Affordable rents" is defined as Section 8 Fair Market Rents as published annually in the Federal Register; G) Specifically state whether or not the Recipient will assist in the rehabilitation of mobile homes, modular homes, or other forms of manufactured housing units with COBG funds. H the Recipient desires to assist In the rehabilitation of such units, describe the conditions under which such units will be rehabilitated with COBG funds; II) Establish a ratio of the cost of housing rehabilitation to the projected 'market value of the rehabilitated housing unit such that the ratio upon completion of the rehabilitation will be at least one to one; I) Establish the notification process to be used when a previously approved housing unit is deleted from the list of proposed housing rehabilitations; J) Establish what types of Insurance that the housing unit owner will be required to obtain and maintain after completion of the rehabilitation, and for what period such Insurance must be maintained; K) Infonnation shall be fully disclosed on an updated Form HUD 2880 relating to the ownership of any rental housing unit to be rehabilitated at any funding level with COBG funds, prior to the execution of the contract for such rehabilitation; L) Prohibit the use of lead-based paint in residential structures rehabilitated or constructed with COBG assistance. 14) For properties constructed prior to 1978, any homeowner, resident, or tenant remaining in, being relocated from, or locating to any housing unit that is to be rehabilitated or that has been rehabilitated, In whole or In part, with COBG funds provide under the tenns oC this Agreement, shall be advised: A) The property may contain lead-based paint; B) The hazards of lead-based paint; C) The symptoms and treatment of lead poisoning; 0) The precautions to be taken to avoid lead-based paint poisoning (including maintenance and removal techniques Cor eliminating such hazards); E) The need for and availability of blood lead level screening Cor children under seven years oC age; and F) Appropriate abatement procedures may be undertaken if lead-based paint is Cound on the property. 31 Attachment L WORK PLANS The Work Plans prepared pursuant to the Special Conditions are designated as Attachment L to the Agreement. 32 r. . :x: ~ 0 3: tz. 0 ~ ~ 0. ~ 0 u ..... ~ t_en ~ ~~ I ..... ..... -~ ~E-< d, f::~ ..... ~g ~ lXl ~ 8 ~ 0. - --- -- ._-~-----------_._------------ -----------.---- , E III QI ~ e ~8 ~ a o.H -------------------------------- II) 'tl ~ ~ - ..... ~ ~ QI .s:= ~ o -....------------------------------- rl III ~ ~ ~ ~ 'rl E-< N ~ ~ ~~l-~I~l-~-l-l-l-l-l-l-l-l-l-l-l ~ 3l~r~-~-l-l-l-l-l-l-l-l-l-l-l ----'------------------------------- co ~ !:: QI e .s:= co -rl J ~--i-i-:-----------------l---- -------------------------------- ~ QI ~ ~ \0 ..... ~ ~ ~~ Cl8,g ~ ~ --~ ~ ~ lXl '0 0 e$~ - - ~ ..... ..... ..... r-- ~ ..... L?li '" ~ <1)0 <1)0 <1)0 <1)0 -------------------------------- !:: &l 0 'rl iJ 8 ~ Po 8 'rl 'r-l ..0 ~ >. ~ J ~ 'r-l ~ .., 0 ~ ~ E-< 'rl co en en > QI en ~ 0 -rl Q ,ff j ~ H U .., 0 i ! t ~ ~ ~ :3 Cl ~ 8 lXl ~ ------------------------------ e ~ ~ 0. 0. ~ QI ........ ~ ~ ~ ~ 1 III '-" ~ ..... ..... S co 0 ~ 0 0 .... E-< E-< E-< -------------------------------- Ql Frca 1/94 To 3/94 OS FraI 1/95 To 1/ql) Q2 FraIl 4/94 To 6/94 Q6 FraI 4/95 To 6/9~ 7/94 . Q3 FraIl . To 9/94 q7 Fraa 7/95 To 9/95 , Q4 FraIl 10/94 To 12/94 Q8 rra. 10/95 To 12/95 .. . .a .. At t:aclmen t L Florida Department of Community Affairs Small Cities CDBe Program Contract , 94DB~19-11-54-01-H05 Milest.ones, o..rt:pJts ard Experdi tures tstim.ates . . Interrled Prqosed ToW. RECIPrmr Bene.! Ic 1ar les 14J:xxJmplishments Activity arl)et t-k>nroe County Total I 00 Unit; ~ I I . ~ $11,m 1 start I Erd SchEdule of Anticipated Tffi4X>rary Reloc.ation 039(a) Date I ~te hx:omplishments Activity Costs kti vi ty Milestones Mo/yr : Mo/'ir by QJart.er ~ QJart.er i ; A, B, C, A. Fnvira'ttnenta.l Cle.aran=e I Ql : 0, F-1, G-1 . -0- am Release of Furds 1/94 I 3/94 I Q2 i 0, F-2, G-2 -0- B. Septic Tank Inspections 1/94 I 3/94 I , , I . ; . . c. ME Services RFQ 1/94 I 3/94 Q3 ,0, F-2, G-2 1,000 , I i I Reverification ... I D. Client Eligibility 1/94 I 8/94 Q4 :0, F-3, G-3 3,000 i Scope of Work.... i E. Q5 I 3,000 Wri te-Ups 1/94 9/95 10. F-4. G-4 ! F. Bid.Phase ... 1,2,3,4,5 1/94 3/94 ~ 10, F-4, G-4 3,000 I . i G. Construction Alases ... Q7 p, F-5, G-5 1,300 1,2,3,4,5 2/94 11/95 i ~ I J H. Closeout 10/95 12/95 Q8 : G, H -0- j I j ToW.: ~t 11.300 Ql FraIl 1/94 'to 3/94 Q5 FraIl 1/95 To l/Qc; Q2 Fran 4/94 'to 6/94 Q6 Frca 4/95 To 6/9~ 7/94 . Q3 Frc:a . To 9/94 q7 FraIl 7/95 '1'0 9/95 \ Q4 FraIl 10/94 To . 12/94 Q8 Frca 10/95 '1'0 12/95 ...:. ... .l ,. Attachnent L Florida Department of Community Affairs Small Cities CDBG Program Contract , 94DB-19-11-54-01-B05 Mllestcnes, 0-JtpJts Ard Expen::U tures Est.ilnates . . . InterdEd ~ Total REcrPIrnT Beneficiaries Acx:cJnplishments Activity adJet K:mroe County 'futal I 00 Unit I ~ I 239 I 239 : 95 $ 541,200 Housing Rehab 051 Start I W Schedule of Anticlpatat La te : D:.\ te Acx::ompl ishments Activity Costs 1\cti vi ty Milestones Mo/'ir I Moj'ir by O-larter by O-larter i ; A, B, C, A. Envira'anental Cle.a.raN::$ I Ql : D, F-l, G-l 50 ,000 , an::t Release of I'\.Jrds 1/94 I 3/94 I Q2 i D, F-2, G-2 56,000 B. Septic Tank Inspec tiOlJS 1/94 I 3/94 I I , I . ; . . C. ME Services RFQ 1/94 I 3/94 Q3 ,0, F-2, G-2 50,000 , i I Reverification - I I O. Client Eligibility 1/94 I 8/94 Q4 :D, F-3, G-3 75,000 I i Scope of Work-- I E. Q5 , 75,000 Write-Ups 1/94 9/95 ID. F-4. G-4 . F. Bid.Phase - 1,2,3,4,5 1/94 3/94 Q6 In, F-4, G-4 80,000 I i G. Construction Alases - Q7 p, F-5, G-5 80,000 1,2,3,4,5 2/94 11/95 . ~ I ) H. Closeout 10/95 12/95 Q6 : G, H 75,200 i i ~~ 541.200 i ToW.I . 1', . ~. .. \ Florida Department of Community Affairs Small Cities CDBG Program Contract I 94DB~19-11-54-01-H05 Milestones, o.rt:p..Its am Experdi b.n"e:s Estbnates .. RFX:IPIINr Monroe Conn ty Administration 181 ~ vi ty Milestones . 1\. Environmental ClearaN:':$ ard P.e1ease of Furds B. Septic Tank Inspections c. ME Services RFQ Reverification - D. Client Eligibility E. Scope of Work-- Write-Ups F. Bid,lbase - 1,2,3,4,5 G. Cons~tion Rlases - 1,2,3,4,5 ~ H. Closeout Ql FraI 1/94 Q2 FraI 4/94 Q3 FraI 7/94 Q4 FraIl 10/94 'to 3/94 'to 6/94 . 'to 9/94 'to 12/94 Attachnent L Interrled Prqx:lsed Total Beneficiaries hxx:lmplishments Act1vity ~et Total I 00 . start I W ra t.e I ra t.e Mo/i'r : Mo/,/r I I , 1/94 . 3/94 1/94 ! 3/94 . I 1/94 I 3/94 , t . 1/94 I 8/94 . I 1/94 1/94 9/95 3/94 2/94 10/95 11/95 12/95 Q8 Sd1Edu.1e of hx:ompl1shme.nts by Q.larter I A, B, C, Ql : D, F-l, G-l I D, F-2, G-2 . , I .D, F-2, G-2 Q2 Q3 Anticipated Activity oms by Q.larter 15,000 13,000 13,000 Q4 I ,'D, F-J, G-J 13 000 , Q5 I . 'D F-4 10, F-4, G-4 I I p, F-5, G-5 ~ Q7 I : G, H I I Tobll FraI 4/95 Frca 7/95 FraI 10/95 13,000 13,000 13 ,000 4,500 Total $97,500 'to ,/QC; To 6/95 . '1'0 9/95 '1'0 12/95 ~ y , . , CDEe AD'll~ISTR:\.TIO:\ BCDGEl' APPROVED DCA EXPENDITlTRES LINE ITE:\f #181 S97500 HOURL Y PERSONNEL COSTS ARE INCLUSIVE OF EMPLOYEE BENEFITS, WORKMEN'S COMPENSATION, HEALTH INSURANCE, ETC. ESTIMATED BUDGET EXPENDITURES (18-24 MONTH COMPLETION) 1. CDBG Project Director Responsible for complete grant compliance and implementation. (600 Ius. @; S36) S21,600 2. . CDBG Secretarial Support Responsible for administrative and technical team support. (1,200 hrs. @ $12) $14,400 3. CDBG Bookkeeping Support Responsible for grant fund allocations and individual project payments. (1,200 hrs. (@ S 15) $18.000 4. CDBG Technical Supef\'isor (on-staff licensed general contractor) Responsible for code compliance, initial work writes, cost estimates, specifications and construction inspections, on-site meetings, pay request verifications. (1,200 hrs, @ S25) $30,000 5. CDBG Non-Personnel Expenses $13,500 a. Travel/vehicle ($6,000) b. LegaVAdv. (SI,800) c. Phone ($1,800) d. Postage ($1.200) e. Copies ($ 1,200) f. Office Supply ($ 1 ,200) g. Office Equip. ($ 300) _ann!' JL. Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 M E M 0 RAN DUM To: James L. Roberts, County Administrator Isabel C. DeSantis, Deputy Clerk C e. .9. . February 3, 1994 From: Date: ================================================================= On January 20, 1994, the Board adopted Resolution No. 002-1994, authorizing execution of the Department of Community Affairs Grant Agreement, Contract Number 94DBK-19-11-54-091-H05, by the Mayor of the County and all subsequent implementation documentation executed by the County Administrator or his designee. Inasmuch as Roger Braun was provided with three certified copies of the subject Resolution as well as the Grant Agreement for his fOllow-through with DCA, enclosed is an informational copy for your records. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Finance Risk Management w/o document File