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HomeMy WebLinkAboutR-98-21 RESOLUTI¢ A RESOLUTION OF THE CIT~ COUNTY, FLORIDA, AUTEIORIZI CITY CLERK TO ATTEST, AMENDMENT TO THE COMMUN~ CONTRACT BETWEEN THE FLOIq AFFAIRS (THE "DCA") AND TH! FOR REPEAL OF RESOLUTIONi CONFLICT HEREWITH; AND PR1 WHEREAS, the City of Sebastian entc ("contract") with the Florida Department of Development Block Grant funding on January WHEREAS, the City of Sebastian amc 11.-96-42 on June $, 1996, and by adoption oflt WItEREAS,the City of Sebastian condu month time extension from DCA resulting in a th July 23, 1998; and WHEREAS, the DCA has submittec incorporate recent changes in the administra Development Block Grant Program. NOW, ~REFORE, BE IT RESOL' OF SEBASTIAN, INDIAN RIVER COUNT ~ AGREEMENT. County, Florida, is hereb; .authorized to sign, Sebastian, the amendment to Contract Number City of Sebastian, attached hereto as Exhibit Section 2. CONFLICT. All resolu hereby repealed. )N NO. R-98-21 ( OF SEBASTIAN, INDIAN RIVER NG THE MAYOR TO SIGN AND THE )N BEHALF OF THE CITY, AN TY DEVELOPMENT BLOCK GRANT IDA DEPARTMENT OF COMMUNITY CITY OF SEBASTIAN; PROVIDING OR PARTS OF RESOLUTiONS IN VIDING FOR AN EFFECTIVE DATE. · ed into Contract Number 96DB- 1E- 10-40-02-C06 ',ommunity Affairs ("DCA") to obtain Community !4, 1996; and adcd the contract by adoption of Resolution No. -97-26 on Apr1 23, 1997; and cted a public hearing, requested and received a six rd modification to the contract, and extending it to another amendment to the existing contract to :ire rule governing the Small Cities Community /ED BY THE CITY COUNCIL OF THE CITY Y, FLORIDA, that: ~e Mayor of the City of Sebastian, Indian River nd the City Clerk to attest, on behalf of the City of }6DB- 1 E- 10-40-02-C06 between the DCA and the :ions or parts of resolutions in conflict herewith are Section 3. EFFECTIVE DATE. Tiff passage. (/~~~The foregoing Resolution w~ The and, upon being Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared tiffs Res ~ ,1998. / ATTEST: /? - Ka~thryn lgql. O'H~loran, CMC/A. AE City Clerk (Seal) Approved as to Form and Content: Valerie F. Settles, City Attorney CZ Resolution shall take effect immediately upon final moved for adoption by Councilmember motion was seconded by Councilmember mt to a vote, the vote was as follows: lution duly passed and adopted this,~day of [TY OF SEBASTIAN, FLORIDA Jth~Sullivan, Mayoi' 2 DEPARTMENT "Helping Floridians LAWTON CHILES Governor STATE OF OF C create safe, FLORIDA MMUNIT¥ AFFAIRS ,ibrant, sustainable communities" JAMES F. MURLEY Secretary March r0, 1998 The Honorable Louise Cartwright Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32978 Re-' DEPARTMENT INITIATED Contract Number: 9( Dear Mayor Cartwright The latest revision to the Small Cities Administrative Rule simplified the procedures incorporate these procedures into your existing last page of this letter and return it to the CDBG initiated amendment into your contract file. ONTRACT AMENDMENT Development Block Grant (CDBG) amending your contract. In order to we are requesting that you sign the incorporation of this Department By your signature as the Chief Elected O: referenced contract is hereb[ amended to incorp¢ governing the Small Cities the chief elected official, this contract is In consideration of the mutual promises a Sebastian (the Recipient) and the Department of agree that upon signature by the Recipient of the following changes will be incorporated into the agreement amendment process under this contra the original Small Cities Community Developme hereby revised to comply with the following revi adopted on January 29, 1998, which reads as fall 2555 SHUMARD OAK BOULEVARD · Phone: 850.488.8466/Suncom 278.8466 Internet address: http://ww' FLORIDA K~YS GREEh ~-ea of Cr/tical State Concern Field Office Area of Critical Stall 2796 Overseas Highway, Suite 212 155 East Mar~thc~ Ftnri~t~ ~fl~ff-?)?7 Rnrtnw Flnri, or that of your designee, the above recent changes in the administrative rule Block Grant Program. Upon signature by I to read: nd conditions herein contained, the C ~ty of 3ommunity Affairs (the Department) hereby above described contract amendment, the ~ferenced contract. All references to the or any prior rule in effect at the time of signing it Block Grant Contract referenced above is sions to Rule 9B-43.014(6) and (7), F.A.C., DWS: TALLAHASSEE, FLORIDA 32399-2100 FAX: 850.921.0781/Suncom 291.0781 v.state.fl.us/comafi/dca.html SWAMP SOUTH FLORtDA RECOVERY OFFICE Concern Field Office P,O. Box 4022 ;urnmerlin 8600 N,W. 36th Street The Honorable Louise Cartwright Page 2 (6) Amendments Requiring Pdor Wdtten Appro Any proposed amendment that reduces the accomplishments, or the score from the odginal con except as specified in 9B-43.014(7)(b). Where pdo~ Department approval is required, the local govemm, the local government's application using the scodng In order to be approved, all amendment changes sh score must remain within the fundable range of the approved. Any amendment which would reduce the approved by the Department except as specified (a) Documentation Required. All reque Department approval shall include the following wdtl 1. A cover letter signed by the Chief E detailed narrative description of the proposed chang amendment cover letter must specifically state the the fundable range as a result of this amendment. 2. All application forms that would be including a revised scodng page and any pages wh soumes and uses of funds(leveraging) or project im[ points, number of beneficiaries or accomplishments. 3. A revised work plan for each activit' DCA-70), A revised budget showing the curre 5. If there is any change in activity Ioc~ changes. 6. Copy of the minutes of the meeting Which the proposed amendment was reviewed. 7. Copy of the public notice for the pul: which shall evide~.;e compliance with 9B-43.003(491 8. Signature of the Chief Elected Offici governing body authorizing the proposed amendmer (b) Any amendment requiring Departmc prior to the end of the contract. If the amendment is 15 point penalty against future grant applications for years from the date of administrative closeout or up( /al. number of intended beneficiaries, the Iract shall require prior written Department approval wdtten ;nt shall submit all necessary information to re-score procedures in effect at the time of the application. all be re-scored by the local government and the ~pplication cycle in which the grant was originally score below the fundable range shall not be Jer Chapter 9B-43.012(9), F.A.C. sts for contract amendments requiring prior written en documentation for review by the Department. ected Official or their designee which includes a 9s and their effect upon the approved project. The mended score and verify that the grant remains in Itered or changed by the proposed amendment ',h modify the odginal application scores in terms of ,act including changes in budget per activity goal and amended budget (Form DCA-69 and Form ion, a legible map which indicates the proposed the Citizen's Advisory Task Force (CATF) at lic hearing at which the amendment was approved, il on Form DCA-69 or resolution from the local it. nt pdor written approval must be received 45 days not received within this time frame, there will be a a late amendment request. This penalty expires two ,n successful competition for funding. The Honorable Louise Cartwright Page 3 (c) The Department shall promptly revi, approval. The approval or rejection of such an ame government within 45 days of the Department's rece requested by the Department to act on the amendm~ govemment within 30 days of receipt of the addition. of the request. (d) If the local government requests ad~ the contract, any amendment affecting closeout and received 45 days before submission of the closeout receipt shall not prevent assessment of penalties off' (e) Time Extensions to Contracts. Any date of the contract must be in increments of six mo considered a non-prior approval amendment if it is r~ of the contract. Any subsequent amendments requ~ contract will be considered pdor written approval am at least forty-five (45) days prior to the termination d penalties. Each time extension amendment request explain the delay and justify the need for the extensi the Department, the contract will be unilaterally term dghts explained to the local government. (f) If a contract must be amended after request in writing that the grant be reopened for the I must be in addition to other documentation that may amendment. (7) Amendments Not Requiring Prior W Any proposed amendment that does not red~ accomplishments or scodng points from the original shall not require pdor wdtten Department approval. contract does not require prior_~vritten approval for ol not requiring prior approval. 0'pon receipt by the De reviewed immediately. The acknowledgment letter ~ upon receipt and will be immediately incorporated in' (a) Documentation Required. All reque= written Department approval shall include the followi Department: 1. A cover letter signed by the Chief El detailed narrative description of the proposed chang~ amendment cover letter must verify that there is no ~ score. The Department will reject any non-prior app~ reductions. ;w all amendment requests requiring prior written ldment request shall be noticed to the local ipt of the request. If additional information is ;nt request, the Department shall notice the local information required for the approval or rejection ninistrative closeout prior to the termination date of requiring pdor wdtten Department approval must be 3ackage or that closeout package is void and its erwise required in this rule. proposed amendment extending the termination ~ths. The first such request for extension will be ;ceived at least 45 days before the termination date sting an extension of the termination date of the sndments and must be received by the Department ate or submission of the closeout package to avoid ;d by the local government (including the first) must 9n. If such justification is not'deemed reasonable by inated by the Department with apprepdate appeal the termination date, the local government must )urpose of amending the contract. This request be required based upon the purpose of the ritten Approval by the Department. Jce the number of intended beneficiaries, 3ontract or any subsequent approved amendment If the first six-month request for an extension of the her reasons, it may be submitted as an amendment 3artment, the non-prior approval amendment will be /ill indicate that the amendment became effective :o the contract. its for contract amendments not requiring prior ~g written documentation for review by the ~cted Official or their designee which includes a ;s and their effect upon the approved project. The eduction in accomplishments, beneficiaries, or oval amendment which includes any such The Honorable Louise Cartwdght Page 4 2. All application forms that would be ( increases including changes which would increase ti any scoring changes. 3. A revised work plan for each activit, DCA-70). A revised budget showing the curre location. A legible map which indicates the p~ (b) Department: The following types of minor amend 1, So long as the number of beneficia required for modifications in the quantity of units ne~ based solely on final engineering or final surveying ~ the activity as going from Point A to Point B. Requ~ grant activities, but within the scope of need outline( writing to the Department. 2. Amendments for the first six-month othe~vise negatively affect the scoring, accomplishr approval. In such cases, local govemments may sti month period if all work has been completed. 3. Amendments to modify the terms o! otherwise affect scodng, leverage or job creation/ret approval. 4. In the Housing category, the tempor accomplishments and temporary relocation benefici; activity may be deobligated at closeout without an a~ approval or may be reprogrammed to increase eligit such deobligation of funds orT-eprogramming of func long as any eligible expenditure of funds was comph Department will not approve any amendment under objective or reduces a grant score below the fundabl 5. In the Neighborhood Revitalization ( number of beneficiaries of those hookups may be re be deobligated at closeout without an amendment th such modification shall not create penalties relating serve the service area or contracted number of LMI amendment under this paragraph that does not mee the fundable range. ;hanged by the proposed amendment to show le number of beneficiaries or accomplishments and and amended budget (Form DCA-69 and Form oposed changes if there is any change in activity ments do not require prior written approval by the 'les is not reduced, prior wdtten approval is not ;ded for an activity (i.e., lineal feet of pavement) vhen the application map still accurately identifies sts to increase the scope of work beyond the original in the original application, shall be submitted in ime extension to the contract which do not lents or beneficiaries, do not require prior written closeout their contract pdor to the end of the six Participating Party Agreement that do not 9ntion numbers, do not require pdor written ary relocation budget, temporary relocation ides may be reduced and remaining funds in that ~endment that requires prior written Department ,le activities otherwise allowed under this rule. Any s shall not create penalties relating to timeliness as ;ted prior to the end of the contract period. The Ibis paragraph that does not meet a national e range. ;ategory, the number of hookups and contracted ~uced and the funds remaining in that activity may at requires prior written Department approval. Any o timeliness, but may create penalties for failure to louseholds. The Department will not approve any a national objective or reduces a grant score below The Honorable Louise Cartwfight Page 5 6. Any proposed budget change which accomplishments, shall not require pdor approval bi submitted in writing to the Department on Forms DC into this rule by reference, effective as of January 2! of Community Affairs at the address specified in the portion of the approved budget - CDBG, non-CDBG. (b) Amendments not requiring pdor writ closeout package without any closeout penalty whicl assessed, Should it be determined that the amendn prior written Department approval, the amendment ~ penalties will be assessed, including ineligibility for t References to the "fundable range" under also incorporated here as follows: (25) "Fundable range" shall be del applications, ranked in descending order by tt' upon rank following appeals, beginning with tt descending order until all available funds in ti' depleted. The score of the last application fun fundable range, if there are no eligible unfund unfunded applications in a category, the high( lower limit of the fundable range. In Economi shall be a score of 400 on the Program Impac force below. (9) Should a participating party c, bankrupt, or fail to locate/relocate at the job c~ participating party agreement, the Departmen of the local government to minimize and term documented that the local government minimi that the participating party was not performing pledged to a CDBG funded loan based on sol does not also reflect a reduction in score, benefit or 'the Department. Any such change shall be A-69 and DCA-70, which are hereby incorporated l, 1998 and which are available from the Department NOFA. This requirement applies to changes to any or program income. Ien Department approval may be submitted with a would otherwise be ~ent received with the closeout package requires [nd closeout package will be rejected, and all le next application cycle if applicable. Section 9B-43.003 (25) and 9B-43.012(9) are ermined from the scores of the eligible e Department. Awards will be made based ~e highest scoring applicant and proceed in at category for that funding cycle are ded shall establish the lowest score in the ~d applications in that category. If there are st scoring unfunded application shall set the ; Development, the minimum fundable range I portion of the application. ;ase operation at the job creation location, go cation location as stipulated in the : will review the circumstances and the efforts hate CDBG expenditures. If it can be zed CDBG expenditures after it was known , sought to obtain or secure any collateral nd financial principles, and cooperated with any other third parties.or lenders to facilitate j~)b creation by other parties at the job creation location, the Department can close the grant c, ontract without regard to fundable range issues. The Department can delay closeout to~ require additional job creation efforts on the part of the local government, / / Except as modified herein, all terms and provisions of the award agreement remain in full and effect. Wherefore, the parties have executed this Amendment on the date set forth This amendment to the award agreement is effective upon signature by the Recipient. The Honorable Louise Cartwright Page 6 Please sign below to indicate your accept. effective on the date of your execution of this procedures and be completed on the attached D£ should be returned to: Attention: Amy Johnson 'CDBG Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 A copy should also be appended to your M. Cook, Community Program Administrator, a questions. Sim Thc Bu~ ACCEPTED AND ACKNOWLEDGED: City of Sebastian Contract Number: 96DB-1E-10-40-02-C06  t&/~ Chief Elected Official TP/sc Attachments: Revised DCA Forms 69 and 70 cc: Clark, Roumellis & Assocs. tnce of this amendment. This change will be ter. Any future amendments should follow these Forms 69 and 70. The original of this letter 2DBG contract file. Please contact Dr. Susan (850) 487-3644 if you have additional :er.ely, mas A. Pierce, Chief eau of Community Development