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Resolution 214-1991 . . OMB RESOLUTION NO. 214 -1991 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE EXECUTION OF A DEPARTMENT OF COMMUNITY AFFAIRS FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT; AND AUTHORIZING FOUR COUNTY DESIGNEES WITH SIGNATURE AUTHORITY ON REQUESTS FOR DEPARTMENT FUNDS WHEREAS, Resolution No. 620-1990 of the Monroe County Board of Commissioners authorized the submission of a grant application to the Department of Community Affairs under the Florida Small Cities Community Development Block Program; and WHEREAS, the Department of Community Affairs has awarded Monroe County $650,000.00 in funds to be disbursed to housing revitalization under said program; and WHEREAS, this award agreement binds Monroe County government to the proposed CDBG project and identifies four individuals in local government to be authorized to request funds from the Department; now therefore BE IT RESOLVED by the Board of County Commissioners of Monroe County that: 1. The Mayor of the Board authorizes the execution of the grant contract agreement between Monroe County and the Department of Community Affairs for a Community Development Block Grant project; and that 2. The Board authorizes the following four individuals as the designees of Monroe County government with signature authority on requests for funds from the Department: Mayor Wilhelmina Harvey Mayor ProTem London Danny Kolhage, Clerk of Court Tom Brown, County Administrator; and that 3. This resolution shall become effective immediately upon adoption by the Commission and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 17th day of June , A.D. 1991. Mayor Harvey Yes Mayor ProTem London Yes Commissioner Jones Yes Commissioner Cheal Yes Commissioner Stormont Ye~ BY:~ DEPUTY RK i~~:;f ~ I. XOWIAGE, Clerk Clerk ~.]).t2 , BOARD OF COUNTY COMMISSIONERS OF ~OE COUNTY By:, .", "" ~ . ____i\.. ...-,' ~ COMMUNITY DEVELOPMENT BLOCK GRANT SMALL CITIES AWARD AGREEMENT THIS AGREEMENT is entered into by and between the State of \ Florida Department of Community Affairs, with h~adquarters in Tallahassee, Florida (hereinafter referred to as the Department), and Monroe County, (hereinafter referred to as the Recipient). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: The Department, in the furtherance of its duties under Public La~ 93-383, as amended and s. 290.0401 - 290.049, Fla. Stat. as amended, has determined that the Recipient has applied and qualifies for a grant under the Florida Small Cities Community Development Block Grant (CDBG) program. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall perform the obligations in accordance ~ith the application, incorporated herein by reference, and Attachment A - Program Budget and Scope of Work, of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. (a) Both the Recipient and the Department shall be governed by applicable laws, rules and regulations, including but not limited to: s.290.0401 - 290.049, Fla. Stat. as amended; Public Law 93-383, as amended; 24 C.F.R. Part 570; Fla. Admin. Code Chapter 9B-43; and OMB Circulars, and 24 C.F.R. Part 85. (b) The Recipient shall conduct its program as outlined in the application for funding under the Small Cities CDBG program ("the Application"), the Activity Work Plans as approved, in conformance with Attachments A, B, C, and D, and the Standard Conditions of this Agreement, all of which are attached hereto and hereby incorporated by reference. (3) PERIOD OF AGREEMENT. This Agreement shall begin on the last date signed, and shall end twenty-four (24) months after signature, unless terminated earlier in accordance with the provisions of Clause (14) of this Agreement. (4) FUNDING. (a) The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $650,000 for the Department's share, subject to the availability of federal Small cities CDBG Program funds to support this amount. (b) Payments under this Agreement are subject to 24 C.F.R. Section 85.21; U.S. Treasury Circular 1075; and Chapter 215, Fla. Stat. as amended. The Recipient shall maintain and operate a financial management system which is in compliance with standards for fund control and accountability prescribed in U. S. Treasury Circular 1075; OMB Circular A-a7, "Cost Principles Applicable to Grants and Contracts with state and Local Gqvernments"; and 24 C.F.R. Section 85.20. (c) The Recipient must establish accounting procedures and agrees to ensure that, generally, no more than five days will elapse between its receipt and its disbursement of funds from the Department, except that the Recipient may maintain cash-on-hand in amounts of $5,000 or less for more than five days to meet daily cash needs. Escrow accounts are not subject to this requirement. (d) Each request for funds shal~ be for an amount of not less than $5,000 unless it is the final request for funds and shall be on a form approved by the Department and shall be certified by an agent of the Recipient who has been identified as having signatory power on the signature form received by the Department. The Recipient shall immediately notify the Depart~ent in writing of any change in agents. (5) PROG~ AMENDMENTS. This Agreement shall be modified according to the procedures outlined in Fla. Admin. Code Rule 9B-43.014(6), as applicable, and subject to the provisions contained in the Standard Conditions. (a) The Recipient will be allowed to amend its Agreement budget amount by submitting Form 69 to the Department. The budget modification will be granted if the Chief Elected Official certifies there are no changes in the Recipient's contracted acco~plish~ents o~ beneficiaries, and the total general ad~~Gistration budget allocation does not exceed the allowable percentage according to Fla. Admin. Code Rule 9B-43.006(4). (b) Prior written Departmental approval of amendments shall be obtained as specified in (d) below when the Recipient proposes to add or delete any activity or activities, change the scope, objectives, time frames or scale of the program, or individual projects or impact on beneficiaries of previously approved activities. (c) All amendments requiring pr~or written Department approval shall be reviewed by the citizen advisory task force required in s. 290.046(6), Fla. Stat. as amended, shall involve at least one public hearing to consider comments and views expressed by citizens on the proposed amendment prior to sub~itting the amendment to the Department for approval; and shall have the approval of the local governing body. Amendments which are only to extend the termination date of the contract or extend the time for submission of evidentiary materials to satisfy any contract conditions do not require that a public hearing be held or that it be reviewed by a citizen advisory tas}: force. (d) All requests for Agreement amendments requiring prior writte~ approval of the Department under 5. (b) above shall include the following written documentation as criteria to be considered: 1. A request for amendment shall outline all changes in budgetary amounts, beneficiaries, or scope of accomplishments. 2. Detailed narrative description of the proposed change~ and their effect upon the approved project demonstrating that tr.e change in scope of work is economically feasible relative to the number of beneficiaries and the funds expended; 3. Revised work-plan for each activity affected by the amendment; 4. Revised budget summary showing the current approved budget and the revised budget for each activity; 5. If any change in location, legible map which indicates the proposed changes; 6. Copy of the public hearing notice which shall evidencE compliance with Fla. Admin. Code. Rule 9B-43.003(39); 7. Copy of the minutes of the meeting of the citizens advisory task force at which the proposed amendment was reviewed; and 8. Signature of approval by the chief elected official or resolution from the local governing body authorizing the proposed amendment. (e) Any proposed amendments that shall reduce the scope of work or intended beneficiaries by 20 percent or more from the original Agreement shall not be approved by the Department unless the Recipient can demonstrate to the satisfaction of the Depart~ent that the need for the proposed reduction occurred due to circumstances beyond the control of the Recipient. The reduction shall be measured based on a weighted average of the line items proposed for reduction. Local governments which cannot meet the program objectives without such an amendment shall have the Agreement terminated for cause. All other amendments shall be reviewed as specified in (d) above. (f) Recipients shall be limited to four amendments that the Recipient initiates over the term of this Agreement. (g) All amendments requesting an extension of the termination date of the Agreement shall be received by the Department at least 45 days prior to the termination date. (6) PROCUREMENT STANDARDS. The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Fla. Admin. Code Rule 9B- 43.014(1); and relevant state and local laws applicable to the procurement of supplies, equipment, construction, and services. (7) PROPERTY MANAGEMENT STANDARDS. The Recipient shall comply with uniform standards governing the utilization of property prescribed in 24 C.F.R. Part 85. (8) ACDIT. (a) The Recipient shall provide to the Department three copies of annual audits conducted in compliance with the Single Audit Act of 1984, P.L. 98-502. These audits shall be performed in accordance with OMB Circular A-128, and the contract number for this grant a~ard shall be identified within the audit sub~itted. (b) An audit which covers any portion of the effective dates of this award Agreement must be submitted within thirty days after its completion, but no later than seven months after the audit period. (c) The Recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a certified public accountant or a licensed public accountant. (d) If an Agreement is closed out without an audit, the Department reserves the right to disallow and recover any disallowed costs identified in an audit completed after such close-out. (e) If the Recipient has not submitted an audit report in accordance with OMB Circular A-128 within the time frame specified in paragraph 8(b) of this Agreement, a 1S-point score reduction will be assessed against any subsequent application received for each failure to timely submit a required audit report. If the Recipient has not taken action to resolve an audit finding within the prescribed time frame or by an application date, whichever is later, a 1S-point score reduction will be assessed against any subsequent application received for each outstanding audit finding. These score reduction penalties 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 a COBG grant, or has uns~ccessfully competed for a CDBG grant whose application was not within the fundable range. (9) RECORDKEEPING. (a) The Recipient, its employees and agents, shall maintain records and supporting documents as prescribed in 24 C.F.R. Section 570.506, "Records to be maintained"; 24 C.F.R. Section 570.508, "Public access to program records"; and 24 C.F.R. Part 85. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the CDBG Small Cities Program and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all contractors or consultants to be paid from grant funds, shall allow access to its records at reasonable times to the Department, its employees, and agents, and to the U. S. Department of Housing and Urban Development (HUD) , 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. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department or HUD. (10) REPORTS. (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report, on forms provided by the Department. If program income is produced, a semi-annual program income report shall be provided. (b) Quarterly reports are due to be received by the Department no later that twenty days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative closeout report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. Failure to have accurate and complete reports received by the Department O~ the date due shall result in the loss of points in future grant applications and in the suspension of funding pending receipt of such report or reports as provided in Fla. Admin. Code Rule 9B- 43.014(8). Information provided in these reports shall be compared to the Recipient's Activity Work Plan submitted in accordance with Attachment B of this Agreement and incorporated by reference. (c) The close-out report is due 45 days after terminatior. of this Agreement or upon completion of the activities contained in this Agreement. (d) If the Recipient has not submitted a closeout package as provided in Fla. Ad~in. Code Rule 9B-43.006(7) (c), a I5-point score reduction will be assessed for failure to submit the req~ired closeout package against any subsequent application received. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully cor.peted fer a CDBG grant, or has unsuccessfully co~peted for a CDBG grant whose application was not within the fundatle range. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required ty the Department. ( 1 1 \ ......; MO;:ITORl1:G. E\'ALCATION, AND TECHNICAL ASSISTANCE. (a) The Recipient shall constantly monitor its pe~fcr~ance under this Agreement to ensure that time schedules are being met, projected work units are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each program, function, or activity set forth in the Application, Attachment A to this Agreement, and the Recipient's Activity Work Plan. (b) The Department shall review the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as described in the approved Application and this Agreement in accordance and compliance ~ith the requirements of s. 290.041-290.049, Fla. Stat., as amended, Fla. Ad~in. Code Rule 9B-43, and other applicable state and federal la~s 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. (c) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, subrecipients and subcontractors during such activities. (d) If the Recipient has not resolved any monitoring findings ~ithin the prescribed time frame or by application deadline date, whichever is later, has not submitted a monitori~9 report response from current or prior CDBG-funded programs or has an unresolved monitoring finding at closeout, a IS-point score reduction will be assessed for each report not submitted and for each unresolved monitoring finding. If the Recipient fails to meet the contracted-for number of jobs without an amendment ln the most recently closed-out Economic Development grant, a 15- point point score reduction will be assessed. These score reduction penalties 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 a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. (12) DELEGATES, SUBRECIPIENTS, AND CONTRACTORS. (a) The Recipient may delegate to any other unit or department of the local government the responsibility to undertake or carry out specific grant activities. (b) 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 subrecipients. Such ~ritten agreements shall be executed in accordance with 24 c.r.R. Section 570.503. Subrecipients undertaking or carrying out con~unity developnent activities shall do so in conformance ~ith Fla. AdGin. Code Rule 9B-43.014 and all applicable state and federal la~s, rules and regulations. (c) Delegations, designations and contractual arrange~ents as authorized under this section shall in no ~ay relieve the Recipient of its responsibilities to ensure that the CDBG S~all Cities Progra~ is administered in accordance with all state and federal requirements. (13) LIABILITY. The Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. (1~) SUSPENSION OR TERMINATION. (a) The Department reserves the right to suspend payments to a Recipient when the reports required in Section (9) of this Agreement are delinquent. (b) 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, rr;isuse 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. (c) Suspension or termination is an appealable action under Chapter 120, Fla. Stat. as amended. Notification of suspension or termination shall include notice of appeal rights and time frames. (d) The Department reserves the right to exercise corrective remedial actions including, but not limited to, requesting additional information from the Recipient to deter~ine the reasons for, or extent of non-compliance or lack of performance; issuing a written warning advising that the Agreement may be suspended or terminated if the situation is not remedied; advising the Recipient to suspend, discontinue or not incur costs for activities in question; or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined ineligible or misused. (e) The Recipient shall return grant funds to the Depart~ent if found in noncompliance ~ith laws, rules, regulations governing the use of CDBG funds or this Agreement. (f) If at any time after the effective date of this Agree~ent, the Department determines that an activity to be funded is not eligible pursuant to 24 C.F.R. Part 570 or any subsequent federal regulation which supersedes it, the Department may unilaterally a~end this Agreement to delete the ineligible activity and deobligate any unencumbered funds attributable to the ineligible activity. (15) ASSl'RANCES. The Recipient shall comply with the Statement of Assurances incorporated as Attachment C to this Agreement. (16) PROGPA~ INCOME. (a) Progra~ income is defined in 24 C.F.R. Section 570.500(a). Program income collected by the Recipient which meets anyone of those definitions must be used in accordance with the provisions set forth in 24 C.F.R. Section 570.208 and 2~ C.F.R. Section 570.494(b), as well as satisfying the eligibility reguirements described in Section 105(a) of Title I of the Housing and Co~~unity Development Act of 1974, as amended. Any program income collected by the Recipient must be used for Title I eligible activities in accordance with all Title I requirements, and the Recipient must submit, for the Department's approval, the activities that will be undertaken with that program income. (b) In accordance with 24 C.F.R. Sections 570.504 (a) and 570.504(b) 1 and 2, all program income must be used by the Recipient prior to requesting funds from this grant award. However, program income received after ~loseout of the grant which resulted in the program income being generated is not subject to the requirements of paragraph 16 (a) of this Agreement unless, at the time of closeout, the Recipient has received another CDBG award. (c) The Recipient must report any program income from this grant or from another CDBG grant that is received or disbursed during the term of this grant in Section II of the Quarterly Status Report and on the semi-annual Program Income Report, if that program income is received prior to ad~inistrative closeout. (d) After administrative closeout of the grant, the Recipient must continue to report the expenditure of the progra~ income on the semi-annual Program Income Report until the progra~ income received prior to closeout has been expended on eligible activities. Program income received after administrative closeout should not be included on the semi-annual Program Inco~e Report unless the Recipient has received another CDBG grant prior to ad~i~istrative closeout of the grant evidence by this Agreement. (17) SPECIAL CONDITIONS. (a) The Recipient shall comply with the special conditions set forth in Attachment B, attached hereto and incorporated by this reference. (b) Failure of the Recipient to comply with the special conditions under this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. (18) OTHER PROVISIONS (a) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security agreement, or other obligation specified in the Participating Party Agreement, the Departmer.t may, with thirty days (30) written notice to the Recipient, automatically substitute itself for the Recipient lr. said Participating Party Agreement for the purpose of enforcing said Participating Party Agreement and may, at its discretion, continue to administer said Participating Party Agreement and assume control of any program income earned thereafter. (b) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, or a Participating Party, in the Application, in any subsequent submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are in=crporated by reference. The lack of accura=y thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient and the Participating Party, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient or a Participating Party hereunder. (c) This Agreement shall be construed under the la~s of the State of Florida, and performance is agreed to be in the jurisdiction of the Recipient. If any provision hereof is in conflict ~ith any applicable statute or rule, or is other~ise unenforceable, then such provision shall be deemed null and voij to the extent of such conflict or unenforceability and shall be dee~ed severable but shall not invalidate any other provision of this Agreenent. (d) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient or any Participating Party hereunder shall affect or extend or act as a ~aiver of any other right or remedy of the Departnent hereunder, or affect the subsequent exercise of the sa~e right or remedy by the Department for any further or subsequent default by the Recipient or any Participating Party hereunder. Ar.yright of approval granted by the Recipient to thE Department under the terms of this Agreement shall survive the terns and life of this Agreement as a whole. THIS AGREEMENT, its attachments, the standard conditior.s, and the Application as amended embody the entire Agreement of thE parties. '.... .... ~ '=' ~! V1 :r 'r: .... - ~ t"~- W ~'I: ~, '=' :;;> w..: ::: ...OJ 1: "'t .... .' . .. '- ...,. Co " ~ ... ... Co. .:. I' t. ... ~ ,-. D. l: ~ c.. . .. \1', '" e. l\o . J:. 01 '=" . Q ~ I~ .... - ~ i: : :, I I ~' ",..; '" = t..:' r: _ c. ..... t.. _. = t I., a. <.% Jo -J " J' Q, ,. c.. .... . 2" ". C o ... r;, .. "I;) ;; - ... , I I.... 'lI I.... 10 I- I , , '- ,:: , ..... I t I.. '''' '''= , . ,::> .% ~ .:;J Co 01 0' to; 'I N' to' lOt (/): , c:::. 0-- .,-i I -1-1' 10: -1-1' .,-i . r-f' .,-i : .0: 1O, .c:1 Q). 0::: 0'1; c:::, .,-i ; en' ~: 0, X. , , .-I : to' 0, ~, -, Z' I I I ~I -' Z' I o I I I 0' 0: o I O. 0' 0: , I .-II .-I 1 (/): 1""'). ~ .-i ~, -' Z; , I""') '<:t' .-I I ~: -, z, I to I 1""')1 I I ~! -, Z en Q)' en ~ o ::r: ~, -. Zi . 0' OJ 0, oi o I 0' 0' to, 'I I' , 0'1' I (/): I I o . c:::, 0, .,-i , -1-1. 10' 10-1' -1-1' en: .,-i : C:::' .,-i , E: '0, ~J .-I , to' .-I; I ,. I , I I . I I I , ., , 0' 0' I 0, O. 0' 0' " 0: to, \OJ , ... o ~ Q ~ 4 :IE c: tf) o Z :::l Woo CJ IICI o U ..J ct .... e .- I I I I 1 I , 0' 0: 0, O. 01 0' I .., .-I, .-I, , , ... ' V'> 1:1 :z :::l .... a: w % l- e ..J ~ - Q ... I I I 0' 0: 0, I 0' I; 0' 0' 0' . .., .-I, \0 I \0 I I .... -- .... x: C l..l - - ..... l,o' c;., '-' ~ q l%' l.:l o ~ ~ I..' WJ - o c: ~ <I .. 0::: ... =., ... c. (NO WHITE-aJI') FI.ORIDA DEPARI'MENT OF CDMMUNI'I"l AFF7URS SMAIL Q.l....L..Q COB:; P.RX;RAM WORK PIAN Milestones, OUtputs arxi Experxll.tures Fstimates Interx:1ed Pro1X>SEd Total RE~ Beneficiaries AccDmplishments Activity &1dqet MONROE COUNTY Total I IMI Unit I NJmher' I . I N/A I N/A N/A : N/A $973500.00 start I Erxl Schedule of Anticipated ADMINISTRATION #181 Date I Date Acx:cmp1i.shments Activity Q:lsts I Activity Milestones Mo/yr I Mo/yr by Quarter by Quarter . I I A. Environmental Clearance 7/91 9/91 Ql I N/A $ 53000.00 and Release of F\JrxJs I I B. Establish and Maintain 7/91 6/93 Q2 I N/A 133791.67 Finanoial3 Administrative I & Reoordkeeping System & I I Files. Q3 I N/A 133791.67 I C. Establish prooedures to I meet oivil rights require 7/91 9/91 Q4 t N/A 133791.67 ments & quarterly report ! requirements of minority J business aotivity. as I N/A 133791.67 D. Prepare quarterly reports 7/91 6/93 I I Q6 I E. Prepare Requests For Fundt 7/91 6/93 I N/A 133791.66 I F. Provide Staff Training 7/91 6/93 i as neoessary. r;p I N/A ! 133791.66 G. Prepare a preliminary & 6/93 6/93 I final oloseout report. Q8 I I N/A 93750.00 I i i Tct:al~ N/A Tct:al $97 500.00 Ql Frcm 7/1/91 To 9/30/91 QS Fran 7/1 IQ? To Q 110 Iq? . . Q2 Frcm 10/1/91 To 12/31/91 Q6 Fran 10/1/Q? To 1?111/q? Q3 Frcm 1/1/92 To 3/31/92 r;p Fran 1/1/93 To 3/31/93 Q4 Fran 4/1/92 To 6/30/92 Q8 F.rcIR d/l/Q1 To 11 no /q1 (NO WHI'IE-<X1l') FI.ORIIY\. DEP.ARI'MEm' OF CDMMUNI'IY AFF1U:RS SMALL (.;.l.'J.'~ COB::; PlCGRAM WORK PLAN Milestones, OUtputs arxi Expernitures Estimates J Inten:ied P1:u~ Total REt.,;,il'IENT Beneficiaries Acccmpli.shments Activity BJdqet MONROE COUNTY Total I un: unit i Ntnnn.:...r I . 143 I 143 House I 35 $552,500.00 I , Housing Rehabilitation start I Erxl SChedule of Anticipated Activity Milestonf&51 Date : Date Acccmpli.shments Activity Costs Mo/yr I Mo/yr by Quarter by Quarter . I I A. Environmental Clearance 7/91 9/91 (21 I -0- $ -0- anci ~ease of :FuIxls I . B. Meet equal opportunity I Q2 I -0- -0- citizen participation & 7/91 6/93 I fair housing requirements I (23 I C. Adoption of program ~ policies & standards. 7/91 9/91 -0- -0- t D. Hold Citizens Advisory 8/91 6/93 Q4 I -0- 8,000.00 Task Force Mtgs. ! E. Hold Community Mtgs. in 1/92 6/93 J the two designated areas QS I 5 70,928.60 I F. Application In-Take 1/92 1/ 93 I Q6 J G. Process Applicant 2/92 2/93 I 10 157,857.20 Verifications I H. Recruit Contractors 1/92 5/93 i aT I 10 157,857.20 I. Develop Work Write-ups & 4/92 5/93 ! Cost Estimates I Q8 I 10 157,857.00 Bid Process for Rehab UnilS I . 4/$2 5/93 I Construction Process 5/92 6/93 i Close-Out 6/93 i 6/93 Tctal.~ 35 ~ $552,500.0 . o K L (21 From 7/1/91 To 9/30/91 QS From 711 /Q? To q 110 /q? . . Q2 From 10/1/91 To 12/31/91 Q6 Fran 1n/l/q? To l'111/q? Q3 From 1/1/92 To 3/31/92 r;p Fran 1/1/93 To 3/31/93 Q4 From 4/1/92 To 6/30/92 OS FraIl 4/1 /q~ To fl/10/Ql IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. RECIPIENT Monroe County Board of County Commisioners STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Wilhelmina XbOORx~xmoom Chairman Lewis O. Burnside, Jr. Director, Division of Housing and Community Development Date June 17, 1991 Date RECIPIENT FEDERAL IDENTIFICATION NUMBER 59-6000749 ATTESTED BY: Deputy Clerk ../L z-~ SI~ OF INDl"VII1L\IS At1DaUZED TO SUB-nT PAYMDa' ~ - *SUl:r:'i t two oriainal copies for each cxmtract Recipie..~t: Monroe County O::ntract . Add.""1!SS: 5100 Jr. College Rd. 02rt:.act Persan: Robert L. Herman Stock Island, ~l. 33040 Telephone: 305-292-4400 ~est fo:, tun:is of the Small Cities CJ:J'Iri.z:t.Ad.a:m will be presented to the State a.~ will require [ J one signature [ J two signatures of in:ii.viduals as authorized belcw (01eck one). 'Iyped Nmre , Signature Tho T. Brmm, Co. Typed Naa , Signature Administrator Wilhelmina Harvey, Mayor- Board of Co. J J eomrnissior ~Q~~~~~~ ~ Na.~ , Signa-b.J.""'e BOCC Danny L. Kolhage, Clerk of Courts ueputy Llerk -irr..erest bearirq aa:o.mt has been est.abli.sh8:! a~ the tinanci.aJ. it'.r~on liste:l belcw fer deposit of a:B8 tLm::!s. C & S Bank 1188-122 (Monroe Co. Community Developmen Nmre of Ins-..i'br..ion Aca.::unt )Il.~ Block Gran P.O. Box 27q Marathon, Pl. 33050 Address of Financial Institution I certify, as the recipient's auef ~ve Offic8r, that the ab:we signatures are of the in:1ivj,4na's aut:hcrized t.o ai;n ~ ter tun:!s. from the Small Cities Q:)mmuni.ty C8velcpmant Bleck crant. By: Date Signature ~ Hame am Title D:A USE CI\"U: rete : ~: SI~ OF INDIVI'IlJAIS A1J'IH)R:rZED 'IO smMfr PAYMEm' ~ - *SUl::r.'i t two original copies for each oontract Recipie."'lt: Monroe County o:ntraet . 5100 Jr. Colleqe Rd. Q:ntact Person: Robert L. Herman Add."'"e.SS : Stock Island, ~l. 33040 ~ephcne: 305-292-4400 Reques't for tunds of the Small Cities am::;~~.a.m will be presented to the State a.~ will require [ J one signature [ J two signatures of in:i.ividlJals as authorize:i l:lelcw (Oleck one) . 'IYped Name & Signature ~.~::: ~ Na."':le & Signatu.'"'"e 'IYped Name , Signature Administrator Wilhelmina Harvey, Mayor- Board of Co. ~..~.n. ) 1I-ct~ Commission. ~ Name & Signature ~ BOCC Danny L. Kolhage, Clerk of Courts Deputy ClerK interest burin; ac:x::omt has been e:st:abli.sbm at the financial i tu'tion listed l:lelcw for deixsi t of am:; tunds. C & S Bank 1188-122 (Monroe Co. Community Development Name of Ins-~'br~on Account NUmber Block Gran+ P.O. Box 278 Marathon, Pl. 33050 Address of Fina."1Cial Institution BY: I certify, as the recipient's QUe! ~ltiva Officer, that the abcNe signatures are of the in:i.ivi~".' s aut:hcrize:S to aign mquests fer turds from the Small Cities Community DI!Ye.lcpment Block Grant. Oete Signature ~ Hame an::! Title D:A USE ~"l.Y: Date : ~: ATTACHMENT C STATEMENT OF ASSURANCES The applicant 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 applicant's chief executive officer to act in connection with the application and to provide such additional information as may be required~ (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other publiq official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review (IC & R) process, and that either: (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. (e) It has facilitated or will facilitate citizen participation by: (1) Providing citizens with an opportunity to participate in the determination of priorities in community development and housing needs; (2) Providing adequate notices for one or more public hearings; and (3) Holding one or more hearings on the proposed application before adoption of a resolution or similar action by the local governing body authorizing the signing of the application. (f) Its chief executive officer or other officer of applicant approved by the State: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 C.F.R. Part 58, which furthers the purposes of NEPA, insofar as the provisions of such Federal law apply to the Community Development Block Grant Program; and (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (g) The Community Development program has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income families, or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies, and the State determines, that all or part of the community development program activities are designed to meet other community development needs having a particular urgency as specifically explained in the application.) (h) It will comply with the regulations, pOlicies, guidelines and requirements of 24 C.F.R. Part 85, OMB Circulars Number A-87, A-IIO, A-122 and A-I02, Revised, as they relate to the application, acceptance, and use of Federal funds under this document. (i) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended, 24 C.F.R. Section 570.605, and State regulations regarding the administration and enforcement of labor standards; (2) The provisions of the Davis-Bacon Act (40 U.S.~. 276 a- 5) with respect to prevailing wage rates (except for projects for the rehabilitation of residential properties of fewer than eight units); (3) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq:, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et seq., reqniring 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 concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OMB Circular No. A-I02, Revised and 24 C.F.R. Part 85. (k) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub.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 applicant 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 applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90- 284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services; (3) E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968; (4) Section 109 of the Housing and Community Development Act of 1974 (ACT), as amended, and the regulations issued pursuant thereto (24 C.F.R. Section 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds ' provided under the Act; . (5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program activity; (6) Executive Order 11063 on equal opportunity in housing 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 the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payor other forms of compensation; and election for training and apprenticeship. (1) 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) To the greatest extent practicable under State law, , comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will comply with Sections 303 and 304 or Title III, and HUD implementing instructions at 49 C.F.R. Part 24; and (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 II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulatiohs 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 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 relocatio~ 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 570.606. (0) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to s. 112.313 and s.112.3135, Fla, Stat. and 24 C.F.R. Section 570.611. (p) It will comply with the Anti-kickback (Copeland) Act of 1934, 18 U.S.C. S 874 and 40 U.S.C. S 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (q) It will comply with the provisions of the Hatch Act, which limits the political activity of employees. (r) It will give the State, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records. (s) It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the State of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (t) It will comply with the flood insurance purchase requirements 'of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87s. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area; that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, gra~t, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (u) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A-117.1-R 1971, subject to the exceptions contained in 41 C.F.R. Section 101-19.604. The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. (v) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-l, et seq.) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity; and (2) 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 U.S.C. s. 4321 et seq.) and 24 C.F.R. Part 58; (2) Executive Order 11988, Floodplain Management; (3) Executive Order 11990, Protection of Wetlands; (4) The Endangered Species Act of 1973, as amended (16 U.S.C. s. 1531 et seq.): (5) The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C. s. 661 et seq.): (6) The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. s. 1271 et seq.): (7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. s. 300f et seq.): (8) Section 40l(f) of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. s. 4831(b) et seq. ) : (9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.): (10) The Federal Water Pollution Control Act of 1972, as amended, (33 U.S.C. s. 1251 et seq.): (11) The Clean Water Act of 1977 (Public Law 95-217) : (12) The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C. s. 6901 ~t seq.); (13) Noise Abatement and Control: Departmental Policy Implementation Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; (14) Flood Disaster Protection Act of 1973, P.L. 93-234; (15) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; (16) Coastal Zone Management Act of 1972, P.L. 92-583; (17) Executive Order 11593, "Protection and Enhancement of the Cultural Environment"; (18) Architectural and Construction Standards: (19) Architectural Barriers Act of 1968, 42 U.S.C. 4151; (20) Executive Order 11296, relating to evaluation of flood hazards; (21) Executive Order 11288, relating to the prevention, control and abatement of water pollution; (22) Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39: and :" (23) Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882. (x) It will comply with all parts of Title I of the Housing and Community Development Act of 1974, as amended, which have not been cited previously as well as with other applicable laws. (y) It will abide by the provisions of s. 116.111, Fla. Stat., pertaining to nepotism in its performance under this agreement. (z) The Recipient will include the provisions outlined in s. 287.055 and 287.058, Fla. Stat., when negotiating contracts for services. (aa) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdication against any individuals engaged in nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of Public Law 101-140 of the 1990 HUD Appropriations Act. (bb) It will comply with Section 319 of Public Law 101-121, as provided in the "Governmentwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federal Reqister, which prohibits recipients of federal contracts or grants'from using appropriated funds for lobbying in connection with a grant or contract, and requires that each person who requests or receives a federal contract or grant, and their subrecipients, disclose lobbying undertaken with non-federal funds (See Attachment D). (cc) It will expend a minimum of seventy (70) percent of the aggregate of CDBG funds for activities that meet the provisions of 24 C.F.R. Section 570.208(a) for benefiting low and moderate income persons. Attachment D CERTIFICATION REGARDING LOBBYING Certification for Contract, Grants, Loans and Coooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person ~or 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. (2) 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. (3) The undersigned shall 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 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 persons 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. RECIPIENT BY ~~_~~~ ~ . Slgnature :.'s ~ ~ ,--y ~... -........... ~ (SEAL) ATTEST: DANNY L. KOlliAGE, CLERK Wilhelmina Harvey - Mayor/Chairman Type Name and Title BY: Deputy Clerk STANDARD CONDITIONS 1. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 2. Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of the contract unless the failure to meet the criteria set forth" in the contract for completion of the contract is due to events beyond the control of the contractor. 3. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 4. All bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. 5. The Department of Community Affairs reserves the right to unilaterally cancel this contract for refusal by the contractor to allow public access to all do~uments, papers, letters, or other material subject to the provisions of chapter 119, Fla. stat., and made or received by the contractor in conjunction with the contract.