HomeMy WebLinkAboutR-03-11RESOLUTION NO. R-03-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO
SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE
CITY, THE COMMUNITY DEVELOPMENT BLOCK GRANT
AWARD CONTRACT #03DB-IA-10-40-02-N34 BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian applied to the Department of Community
Affairs for a Community Development Block grant to be utilized for improvements to
Louisiana Avenue; and
WHEREAS, the DCA has awarded a grant in the amount of $700,000 and
submitted COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT
#03DB-1A-10-40-O2-N34 for execution; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, THAT:
Section 1. AGREEMENT. The City Manager of the City of Sebastian, Florida,
is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of
Sebastian, COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT
#03DB-1A-10-40-O2-N34, attached hereto as Exhibit "A".
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This Resolution shall become effective upon
its adoption.
It was moved for adoption by Councilmember Mai cher
The motion was seconded by Councilmember Coniglio
being put to a vote, the vote was as follows:
and, upon
Mayor Walter Barnes a y e
Vice Mayor James A. Hill aye
Councilmember Ray Coniglio aye
Councilmember Joe Barczyk a y e
Councilmember Ed Majcher aye
The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of
March, 2003
By:
CITY OF SEBASTIAN, FLORIDA
Mayor Walter Barnes
ATTEST:
Sally A..M~io, CMC
City Clod(
Approved as to form and content for
reliance by the City of Sebastian only:
Ric
Exhibit "A"
Contract Number: 03DB-lA- 10-40-02-N34
CFDA Number: 14.228
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Sebastian, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the federal government, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A,
and the Scope of Work, Attachment B, of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS 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 identified in Attachments C and D.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon the date last signed, and shall end twenty-four (24) months after
the date last signed, unless terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
(a) Either party may request modification of the provisions of this Agreement.
Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parties hereto, and attached to the original of this Agreement.
(b) Recipient requests for contract modification may be submitted at any time during
the contract period. In order to avoid delays which may affect timely close-out of this contract, the
Department recommends that modifications be sent at least 45 days prior to the contract end date in order
to provide sufficient time for Department approval prior to that date.
(c) Pursuant to Florida Administrative Code, Rule 9B-43.03(25), the minimum score
within the fundable range for the application cycle and category in which this Agreement is funded shall
be established by the publication and distribution of the Final Ranking after Appeals. Any modification
which would reduce the score below the fundable range shall not be approved by the Department.
(d) All refunds or repayments to be made to the Department under this Agreement
are to be made payable to the order of "Department of Community Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(e) Notification of the refund or repayment made by the Recipient to the Department should be
sent to the CDBG Program Office at the following address:
Department of Community Affairs
CDBG Program Office
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal
Register 8034) and OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB
Circular No. A-21.
(b) All original records pertinent to this Agreement shall be retained by the Recipient for five 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 five year period and
extends beyond the five 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 $10,000 or more at
the time of acquisition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after closing of title.
4. Records relating to displaced persons or businesses shall be retained for five years following
final closeout or resolution of ail claims and litigation, whichever 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 -
Attachments A and B - and all other applicable laws and regulations.
(d) The 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 normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department.
(6) REPORTS
(a) Once the Department has issued a monitoring report containing finding(s) and/or concern(s),
the Recipient must issue a written response addressing the finding(s) and/or concern(s) and indicating
corrective action that has been taken or provide information required by the Department necessary to
resolve the issue(s) within the time frame specified by the Department in the monitoring report.
(b) At a minimum, the Recipient shall provide the Department with a Closeout Package due within
forty-five (45) days of termination of this Agreement, and upon reasonable notice provide additional
program updates
(c) If all required reports and copies, prescribed above, are not sent to the Department or are not
completed in a manner acceptable to the Department, the Department may withhold further payment until
they are completed or may take such action as set forth in paregreph (9). "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 (Activity Work Plans) in Attachments A and B.
(d) Additional reporting requirements are addressed in Attachment D Special Conditions.
(7) MONITORING; TRAINING; TECHNICAL ASSISTANCE
(a) The Recipient shall constantly monitor its performance under this Agreement to ensure that
time schedules are being met, the Budget and Scope of Work is being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function or
activity set forth in Attachment A of this Agreement.
(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 with the requirements of Sections 290.041 - 290.049, Fla. Stat., as amended,
Florida Administrative Code, Rule Chapter 9B-43, as amended, and other applicable state and federal
laws and regulations.
(c) 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.
(d) 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.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, 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 par[les arising out of the performance of work
under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or
agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or
omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable
for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall
be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties
in any matter arising out of any contract.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting,
or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to
make any further payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise any of its remedies set forth herein, but the Department may make
any payments or parts of payments after the happening of any Events of Default without thereby waiving
the right to exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or any previous
Agreement with 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 contained in this Agreement or any
previous agreement with the Department and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient at any time
during the term of this Agreement from the financial condition revealed in any reports filed or to be filed
with the Depa~ment, and the Recipient fails to cure said material adverse change within thirty (30) days
from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the Department or have
been submitted with incorrect, incomplete or insufficient information;
4. If the 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 and Attachment B.
(b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty
(30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure,
exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit
of any one 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 thirty (30) days prior
written notice of such termination. The notice shall be effective when placed in the United States mail, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set
forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to, requesting
additional information from the Recipient to determine the reasons for or the extent of non-compliance or
lack of performance, issuing a written warning to advise that more serious measures may be taken if the
situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring 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;
5. Exercise any other rights or remedies which may be otherwise available under law;
(c) The Department may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
rafusal 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 agency action under Chapter 120, Fla. Stat., as
amended. Notification of suspension or termination shall include notice of administrative hearing rights
and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any funds which
were used for ineligible purposes under the program laws, rules, and regulations governing the use of the
funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by
virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law,
withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of
damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in wdting, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative identified below at the
address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Susan Fleming
Small Cities CDBG Program
Department of Community Affairs
Telephone: 850/922-1893
Fax: 850/922-5609
Email: susan.fleming@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Telephone:
Fax:
Emaih
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any
subsequent submission or response to Department request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Department
and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and
void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other
provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of
the Department hereunder, or affect the subsequent exercise of the same right or remedy by the
Department for any further or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,
42 U.S.C. Section ~12101 et seq.), if applicable, which prohibits discrimination by public and private entities
on the basis of disability in the areas of employment, public accommodations, transportation, State and
local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with a public entity, and may not transact business with any public entity in excess of
Category Two for a period of 36 months from the date of being placed on the convicted vendor or
discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this
certification; and
4. have not within a three-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
(h) Should the Recipient fail to enfome the provisions of any promissary note, mortgage, security
agreement, or other obligation in any written contract with a beneficiary, contractor, agent, or subrecipient
who received payment or benefit from funds disbursed under this Agreement, the Department may, with
thirty (30) days written notice to the Recipient, automatically substitute itself for the Recipient in said
written contract for the purpose of enforcing said written contract and may, at its discretion, continue to
administer said Participating Party Agreement or written consent.
(i) The Recipient agrees that future changes in applicable laws, rules and regulations governing
the Federal and local CDBG Program are appliceble to this Agreement on their effective dates, or in the
case of Florida Administrative 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.
(j) The Recipient agrees that 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.
(k) The Recipient will ensure 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 Violation Facilities and that it will notify the Department 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.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of funds under
this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or audit by
state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday.
(c) The 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) In the event that the Recipient expends $300,000 or more in Federal awards in it~ fiscal year,
the Recipient must have a single or program-specific audit conducted in accordance with the provisions of
OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the
Recipient shall consider all sources of Federal awards, including Federal funds received from the
Department. The determination of amounts of Federal awards expended should be in accordance with
the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the
Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised, including:
1. The annual financial audit report shall include all management letters and the Recipient's
response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and other revenue by sponsoring agency and Agreement number.
3. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as
revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
a. The State of Florida at each of the following addresses:
Department of Community Affairs
CDBG Program Office
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
b. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1 ) and (2), OMB Circular A-133, as revised, should be submitted to
the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
c. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(e) If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required.
In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,
the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid
from Recipient funds obtained from other than Federal entities).
In the event that a copy of the audit report for an audit required by subparagraph (d) above and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for the reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the Recipient
shall submit the required written notification pursuant to Section .320(e)(2), including a copy of the
Recipient's audited schedule of expenditures of Federal awards, directly to the Department at the following
address:
Department of Community Affairs
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,
were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in accordance with these applicable regulations
and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such
non-compliance.
(g) The Recipient shall have all audits completed by an independent certified public accountant
(IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date
the audit report is issued by the state Auditor General, whichever is later.
(i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit
requirements.
(13) PROPERTY MANAGEMENT AND PROCUREMENT
(a) The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36;
Rule 9B-43.014(1 ), Florida Administrative Code, as amended from time-to-time; and relevant state and
local laws applicable to procurement of supplies, equipment, construction and services.
(b) The Recipient shall comply with uniform standards governing the utilization of property
prescribed in 24 C.F.R. Part 85 and in C.F.R. Part 570.
10
(14) SUBCONTRACTS
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of
the executed subcontract must be forwarded to the Department within thirty (30) days after execution of
the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law.
(b) The Recipient will monitor the activities of any subrecipient pursuant to the requirements in 24
C.F.R. Part 570 and HUD Handbook "Managing CDBG, A Guidebook for Subrecipients Oversight" dated
August 1993.
(c) All Recipients or Subrecipient contracts for which CDBG is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible
contract work completed prior to the date the notice of suspension of funding was received by the
Recipient. Any costs incurred after a notice of suspension or termination is received by the Recipient may
not be funded with CDBG funds unless previously approved in writing by the Department consistent with
24 C.F.R. Part 85. All subrecipient contracts shall contain provisions for termination for cause or
convenience and shall provide for the method of payment in such event.
(15) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto, the language of such attachments shall be controlling, but only to the extent of such
conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A - Budget;
Attachment B - Scope of Work (Work Plans);
Attachment C - State and Federal Program Statutes and Regulations;
Attachment D - Special Conditions; and
Exhibit 1 - Federal Resources.
funds.
(17) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed $700,000.00 subject to the availability of
(b) Any advanced payment under this Agreement is subject to s.216.181(16), Florida Statutes.
The amount which may be advanced is subject to Rule Chapter 9B-43, Florida Administrative Code, 24
3.3.
C.F.R. Part 85, 24 C.F.R. Part 570, Federal OMB Circulars A-87, A-110, A-122 and the Cash
Management improvement Act of 1990.
(c) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachments A and B of this Agreement.
(d) All funds shall be requested on forms provided by the Department for that purpose.
(e) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the grant
application as originally submitted that relate to preparation of the grant application are considered eligible
costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other
requirements of this contract.
(f) Funds expended for otherwise eligible activities prior to the effective date of this Agreement,
except for those provided for in this contract or prior to the effective date of the enabling amendment
wherein the Department agrees to their eligibility, fundability, or addition to this Agreement, are ineligible
for funding with CDBG funds.
(g) In the event that the Department suspends funding pursuant to the provisions of this
Agreement, said suspension shall take effect as of the receipt of the notice of said suspension by the
Recipient. Any requests for payment for which the Department has not yet disbursed payment shall be
subject to said suspension.
(18) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, this Agreement may be extended for a period of at
least six (6) months and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set
forth in the Agreement for completion of the Agreement is due to events beyond the control of the
Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(d) if otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted
in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement
for refusal by the Recipient to allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction
with this Agreement.
(f) If the Recipient receives any interest income, it shall be returned to the Department.
12
(g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation bythe Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(19) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Depadment in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency;
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
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 person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(20) COPYRIGHT, PATENT AND TRADEMARK
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright,
the Recipient shall retain all rights and entitlements to that pre-existing patent of copyright unless the
Agreement provides otherwise.
13
(b) If any discovery or invention arises or is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the
discovery or invention to the Department for a determination whether patent protection will be sought in the
name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable materials are produced, the Recipient shall notify the Department.
Any and all copyrights accruing under or in connection with the performance under this Agreement are
hereby reserved to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which
occur during performance of the Agreement.
(21) PROGRAM INCOME
(a) Program Income is defined in Rule 9B-43.003(47), Florida Administrative Code.
(b) Program income generated prior to closeout of this grant shall be returned to the Department
unless:
1. The program income is used to fund additional units of CDBG activities referenced in the grant
agreement under which the program income was generated; and
2. The recipient amends the grant agreement to encompass expenditure of that program income
prior to administrative closeout; and
3. The funds are to be expended pursuant to the provisions of 24 C.F.R. Part 570, Sections
290.046-.049, Florida Statutes, and Rule Chapter 9B-43, Florida Administrative Code.
(c) Pursuant to 24 C.F.R. Section 570.489(e)(2)(ii)(c), program income retained by a Recipient
during the term of this grant must be substantially disbursed before requesting additional funds from the
Department.
(d) All program income generated after closeout shall be returned to the Department.
(e) The Recipient must report program income on hand from this or any other CDBG grant on the
semiannual program income report.
(22) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority to
receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT:
BY:
Date:
Name and title:
SAMAS #
FID#
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
BY: Date:
Name and Title: Shirley W. Collins, Director
Division of Housing and Community Development
15
0
n~
n
ZZ
Attachment B
Scope of Work (Work Plan)
Attachment C
State and Federal Program Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that it will comply with the following
applicable federal and state requirements:
2,
3.
4.
5,
6,
7,
8.
14,
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33,
Community Development Block Grant, Final Rule, 24 39.
C.F.R., Part 570;
Florida Small and Minority Business Act, s. 288.702- 40.
288.714, F.S.;
Florida Coastal Zone Protection Act, s. 161.52-161,58, 41.
F.S.;
Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, F.S.; 42.
Title I of the Housing and Community Development
Act of 1974, as amended
Treasury Circular 1075 regarding drawdown of CDBG 43.
funds 44.
Sections 290.0401-290.049, F.S.;
Rule Chapter 9B-43, Fla. Admin. Code.; 45.
Department of Community Affairs Technical
Memorandums; 46.
HUD Circular Memorandums applicable to the Small
Cities CDBG Program; 47.
Single Audit Act of 1984; 48,
National Environmental Policy Act of 1969 and other 49.
provisions of law which further the purpose of this Act;
National Historic Preservation Act of 1966 (Public 50,
Law89-665)
as amended and Protection of Historic Properties (24
C.F.R. Part 800); 51.
Preservation of Archaeological and Histo~mal Data Act
of 1966; 52.
Executive Order 11593 - Protection and Enhancement 53.
of Cultural Environment;
Reservoir Salvage Act;
Safe Drinking Water Act of 1974, as amended; 54.
Endangered Species Act of 1958, as amended;
Executive Order 12898 - Environmental Justice
Executive Order 11988 and 24 C,F.R, Part 55 - 55.
Floodplain Management; 56.
The Federal Water Pollution Control Act of 1972, as 57.
amended (33 U.S.C., s. 1251 et.seq.);
Executive Order 11990 - Protection of Wetlands; 58.
Coastal Zone Management Act of 1968, as amended; 59,
Wild and Scenic Rivers Act of 1968, as amended;
Clean Air Act of 1977; 60.
HUD Environmental Standards (24 C.F.R. Part 58);
Farmiand Protection Policy Act of 1981;
Clean Water Act of 1977;
Davis - Bacon Act;
Contract Work Hours and Safety Standards Act of
1962, 40 U.S.C.s. 327 et. seq.;
The Wildlife Coordination Act of 1958, as amended;
The Solid Waste Disposal Act, as amended by the
Resource Conservation and Recove~ Act of 1975 (42
U.S.C., s. 6901 et. seq.);
Nolse'Abatament and Control: Departmental Policy
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
Flood Disaster Protection Act of 1973, P.L. 92-234;
Protection of Historic and Cultural Properties under
HUD Programs, 24 C.F.R. Part 59;
Executive Order 11296, relating to evaluation of flood
hazards;
Executive Order 11288, relating to prevention, control
and abatement of water pollution;
Cost-Effective Energy Conservation Standards, 24
C.F.R.
Part 39;
Section 8 Existing Housing Quality Standards, 24
C.F.R.
Part 882;
Coastal Barrier Resource Act of 1982;
Federal Fair Labor Standards Act, 29 U.S.C., s, 201
et. seq.;
Title VI of the Civil Rights Act of 1964 - Non-
discrimination;
Title VII of the Civil Rights Act of 1968 - Non-
discrimination in housing;
Age Discrimination Act of 1975;
Executive Order 12892- Fair Housing
Section 109 of the Housing and Community
Development Act of 1974, Non~liscdmination;
Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R.
Part 8;
Executive Order 11063 - Equal Opportunity in
Housing;
Executive Order 11246- Non-discrimination;
Section 3 of the Housing and Urban Development Act
of 1968, as amended - Employment/Training of Lower
Income Residents and Local Business Contracting;
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L., 100-17, and 49
C.F.R. Part 24;
Copeland Anti-Kickback Act of 1934;
Hatch Act;
Title IV Lead-Based Paint Poisoning Prevention Act
(42 U.S.C., s. 1251 et. seq.);
OMBCircolars A-87, A-122, and A-133, as revised;
Administrative Requirements for Grants, 24 C.F.R.
Part 85;
Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 and 24 C.F.R. Part
12.
36.
37.
38.
Coastal Zone Management Act of 1972, P.L. 92-583;
Architectural and Constroctlon Standards;
Architectural Bar~iers Act of 1968, 42 U.S.C. 4151;
3.8
Attachment D
Special Conditions
The following reports must be completed and submitted to the Department of Community Affairs
(DCA) in the time fremes indicated. Failure to timely file these reports constitutss an event of default,
as defined in Paragraph (9) of this Agreement.
The Contractual Obligations and MBE Report must be submitted to DCA
by April 15 and October 15 annually. The form should report new contractual
activity (do not report contracts that have been previously reported). If no
activity has taken place during the reporting period, the form must be
submitted indicating "no activity".
The Request for Funds Form must be submitted to the DCA at a minimum of
once per quarter. If no activity has taken place during the quarterly reporting
period for which funds will be requested, the form must be submitted indicating
"no funds required".
The Projection of Contract Payments and Report on Accomplishments to Date
Form must be submitted to the DCA four (4) times a year: May 1, August 1,
November 1 and February 1. In Section I Funding Projection, if no funding will
be required for the applicable reporting period, the form must be submitted
indicating "no funds required". In Section II Accomplishments, all accomplishments
must be reported from implementation to date. If there are no accomplishments
to report, "no accomplishments to date" must be indicated.
Failure to comply with the above reporting requirements may result in suspension of funding or in
the Department's inability to honor Request for Funds.
Special Conditions
The following reports must be completed and submitted to the Department of Community Affairs
(DCA) in the time frames indicated. Failure to timelyfile these reports constitutes an event of default,
as defined in Paragraph (9) of this Agreement.
The Contractual Obligations and MBE Report must be submitted to DCA
by April 15 and October 15 annually. The form should report new contractual
activity (do not report contracts that have been previously reported). If no
activity has taken place during the reporting period, the form must be
submitted indicating "no activity".
The Request for Funds Form must be submitted to the DCA at a minimum of
once per quarter. If no activity has taken place during the quarterly reporting
period for which funds will be requested, the form must be submitted indicating
"no funds required".
The Projection of Contract Payments and Report on Accomplishments to Date
Form must be submitted to the DCA four (4) times a year: May 1, August 1,
November 1 and February 1. In Section I Funding Projection, if no funding will
be required for the applicable reporting period, the form must be submitted
indicating "no funds required". In Section II Accomplishments, all accomplishments
19
must be reported from implementation to date. If there are no accomplishments
to report, "no accomplishments to date" must be indicated.
Failure to comply with the above reporting requirements may result in suspension of funding or in
the Department's inability to honor Request for Funds.
PRE-AWARD REQUIREMENTS:
1) This Agreement shall be executed by the Recipient and returned to the Department at its offices at
2555 Shumard Oak Boulevard, Florida, 32399-2100 within thirty (30) days after receipt, in accordance with
Fla. Admin. Code, Rule 9B-43.014(2). All time periods in this Agreement refer to calendar days. After receipt
by the Department of the signed Agreement and those submissions required in paragraph t~vo (2) of this
Attachment D, the Department will execute this Agreement and return an original to the Recipient.
2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the
Department, but in any case, no later than thirty (30) days from the date of execution of this Agreement by
the Recipient:
A) Develop, subject to the approval of the Department, a detailed consolidated Work Plan for the
project as described in the Application. The Work Plan shall indicate the proposed dates of starting
and completing activities of this Agreement, including but not limited to schematic design, bidding
and negotiations, and three intermediate dates for completion of portions of the activities (i.e., 33%,
66%, and 100% completion). Pursuant to OMB Circular A-87, Attachment B, Paragraph 32, funds
expended by the Recipient or a subrecipient 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 and
for the application preparation costs detailed in the application;
B) Submit to the Department the completed Civil Rights Profile Form to facilitate the
Department's civil rights review;
C) Establish a separate non-interest bearing checking account ("the CDBG operating account")
for the purpose of this grant. Funds will be dispatched by the Department directly to the CDBG
operating account. Three copies with original signatures of the Signature Authorization Form
included shall be returned to the Department. Each individual who is a signatory on the CDBG
operating account must be bonded. This condition is waived if the Recipient elects in writing to
conduct its grant on a one hundred percent reimbursement basis and so certifies to the Department;
and
D)
Submit to the Department an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F.R.
Part 12.
PRIOR TO EXPENDING MORE THAN $5,000 ON ADMINISTRATION OR WITHIN 90 DAYS:
3) Prior to the obligation or disbursement of 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 for
Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National
Environmental Policy 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 of 1970 (URA), as amended, the Recipient shall
document completion of the notice requirements provided in HUD Handbook 1378, Change 4. A
2O
non-exhaustive list of activities that would trigger this requirement at this stage of the contract would be
proposed temporary relocation of tenants, acquisition of property, acquisition of easements, proposed
demolition of housing units, or displacement;
C) If the Recipient is undertaking the installation of sewage collection lines, the Recipient shall
provide to the Department a copy of an adopted local policy which will require that all households
shall connect to a publicly owned or investor owned sewage system, fully or partially constructed
with CDBG funds within 365 days or some lesser period after notification that such a system is
available pursuant to Section 381.00655(1), Fla. Stat. (1995), and that all households shall be so
notified. The cost of connecting structures to sewer lines or providing those lines on private
property, except as provided for in this Agreement, shall not be eligible for funding under this
Agreement. Documentation of notification shall be done prior to the submission of the administrative
closeout and failure to provide such notification shall be a basis for the Department's rejection of
said administrative closeout;
D) If special assessments or impact fees are to be charged to each household that is to be
hooked up to the sewage system, document the source of those funds and that they are dedicated to
the project for the purpose of funding said special assessments or impact fees;
E) Unless the Recipient has received a letter from the Department approving its procurement
policy, the Recipient shall amend the policy to address the Department's review comments and
submit to the Department a copy of the amended policy, including documentation of adoption;
F) The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole
source or single proposer procurement action without prior written approval from the Department.
Failure to secure the prior written approval shall relieve the Department of any obligation to fund the
said procurement contract. Any previous payments to the Recipient to fund said contract shall be
ineligible and shall be repaid to the Department by the Recipient; and
G) The documentation required in paragraph 5 below for any professional services contract
procured prior to the start date of this agreement.
PRIOR TO EXPENDITURE OF FUNDS FOR ARCHITECTURE OR ENGINEERING SERVICES:
4) The local government shall not expend any CDBG funds for architectural or engineering services
until the Department has received the information required in paragraph 5 relating to architectural and
engineering services.
WITHIN FIVE DAYS OF CONTRACTING FOR PROFESSIONAL SERVICES:
5) For each procured and executed professional services contract for which CDBG funding will be
requested, or within five (5) days of the execution of any yet to be procured professional services for which
CDBG funding will be requested, submit a copy of the following procurement documents:
A) Public notice of the terms of the request for proposals in a newspaper of regional circulation,
including affidavit of publication;
B)
fax;
List of entities to whom a notification of the request for proposals was provided by mail or by
C) List of firms which submitted a proposal (only if short-listing procedure was used);
D) Completed short-listing evaluation / ranking forms, including any ranking summary
document, and document transmitting the short-listed firms to the commission (only if short-listing
procedure used);
21
E) Completed final evaluation I ranking forms;
F) Portion of commission minutes dealing with contract award;
G) Cost breakout from selected firm used for completion of the cost analysis (if pricing
information was not submitted with proposals);
H) Contract (signed or proposed);
I) Truth-in-Negotiation certification (if not in the contract) for engineering contracts over
$60,000;
J) If a protest was filed, a copy of the protest and documentation of resolution;
K) A request for the Department's approval of a single source procurement if only one firm was
considered and the contract exceeds $25,000;
L) If a regional planning council or local government is performing the services, submit only a
copy of the contract and cost analysis information; and
M) If a professional services procurement will not be undertaken, so advise the Department.
PRIOR TO EXPENDING MORE THAN $15,000 IN ADMINISTRATION:
6) The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding $15,000,
undertake the following:
A) Provide to the Department a copy of all engineering specifications and construction plans for
the activities described in the Agreement. The Recipient shall also furnish the Department, prior to
soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide
those services and/or materials for all construction activities when the bids are expected to exceed
$25,000. These submissions are for the limited purpose of identifying the extent of the activities to
be accomplished with CDBG funds under this Agreement, and in no way does it indicate that the
Department has reviewed or approved the plans or bids; and
B) The Recipient shall not publicize any request for bids for construction purposes or distribute
bid packages until the Department has provided to the Recipient, written acceptance of the
engineering specifications, construction plans, and bid documents.
ADMINISTRATIVE REMINDERS:
7) The Recipient shall obtain approval from the Department prior to obligating CDBG funds for any
engineering activities and costs related thereto under Attachment D to the Farmers Home Administration
(FmHA) engineering fee schedule. The Department will not reimburse or fund engineering activities or costa
which are not eligible under the FmHA fee schedule and Chapter 9B-43, Fla. Admin. Code.
8) No expense to be paid with CDBG funds pursuant to this Agreement may be incurred prior to the
effective date of this Agreement, except for those eligible application preparation costs outlined in the terms
of this application, as received by the Department on or before the application deadline. Funds expended
for otherwise additional eligible activities prior to the effective date of this Agreement or prior to the effective
date of the enabling amendment wherein the Department agrees to their eligibility or addition to the
Agreement are ineligible for funding or reimbursement.
9) 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
22
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) without regard to any excluded amount.
10) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24
C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from
the effective date of the contract to the date of submission of the administrative closeout.
11) The Recipient shall expend and document the expenditure of the amount of leveraged funds that is
claimed for points on Form CDBG-N-4 in the Application, as it may have been amended through the
completeness process, and as reflected on Attachment A to this Agreement. Except for the CDBG portion of
the cost of post administrative closeout audits and for unreimbursed application preparation cost, these
shall be expended after the date of the site visit and prior to submission of the administrative closeout. The
funds shall be expended concurrently with expending CDBG funds for the same purpose. The expenditure
of these funds shall be documented as if they were CDBG funds. Except for the cost of post-administrative
closeout audits, the documentation of the expenditures shall be reviewed by the Department prior to the
approval of administrative cioseout.
12) The resulting product of any activity funded under this Agreement as amended shall be ineligible for
rehabilitation or replacement with CDBG funds for a period of five (5) years.
13) A deed restriction shall be recorded on any real property or facility acquired with CDBG funds. This
restriction shall limit the use of that real property or facility 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 85.3'1. Any future change of use shall be in accordance with 24 C.F.R.
Section 570.489(j).
14) 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.
15) The Recipient shall only request amendments to the Agreement relating to activities reflected on
Form CDBG-N-5(10) and within the Service Area(s) defined in the Application, as amended during the
completeness process, if appropriate. All amendments for CDBG funding of activities reflected on Form
CDBG-N-5(10) but not on Attachment A to this Agreement must be approved by the Department in writing
prior to the date of initiation of that activity or the execution of any contract with any third party relating to
such activity.
t6) 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 updates be prepared. A final Form
HUD 2880 shall be provided to the Department with the request for administrative cloeeout, and its absence
or incompleteness shall be cause for rejection of the administrative closeout and assessment of any
penalties which otherwise would have occurred.
'17) The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
18) Should the Recipient be undertaking the installation of water lines with CDBG funds for the purpose
of fire protection, those lines shall only be converted to a potable water distribution system if the housing
units of all iow and moderate income families in the service area are hooked up to the potable water system
at no cost to that Iow and moderate income family. This hookup must be accomplished prior to or
concurrent with conversion of the water lines to a potable distribution system.
19) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section
570.489(g). Conflicts of interest relating to acquisition or disposition of real property; CDBG financial
23
assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or
perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be
conducted pursuant to 24 C.F.R. Section 85.36 and Rule 9B-43, Fla Admin. Code.
20) The Recipient shall maintain records of its expenditure of funds from all sources that will 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 D.
21) Rule 9B-43.010(4)(d), Fla. Admin. Code, states that activities where "hookups or connections are
required for beneficiary access to public improvements, Iow and moderate income benefit shall be
determined by the number of Iow and moderate income households connected to and able to use the water,
sewer, or other infrastructure at the time of administrative closeout." 24 C.F.R Section $70.483(b) states, "In
assessing any such evidence (of activities benefitting Iow and moderate income persons), the full range of
direct effects of the assisted activity will be considered." Evidence of a sufficient number of Iow and
moderate income households benefitting from such an activity shall be that the number of Iow and moderate
income persons in those households connected to or able to use the water, sewer, or other infrastructure
shall constitute at least 51% of the total number of beneficiaries in the service area at the time of
administrative closeout.
22) If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified
upon completion by a licensed professional as meeting the specifications of the design, as may have been
amended by change orders. The date of completion of construction shall be noted as part of the
certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certification shall be submitted with the administrative closeout package.
23) Any payment exceeding fair market value as established through the appraisal process established in
HUD handbook 1378 for acquisition of any property, right-of-way, or easement, shall be approved in writing
by the Department prior to distribution of the funds. Should the Recipient fail to obtain Department approval,
any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid with CDBG funds.
AGREEMENT SPECIFIC SPECIAL CONDITIONS:
Not applicable.
24
EXHIBIT 1
Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following:
Federal Program: U.S. Department of Housing and Urban Development
CFDA #14.228 $700,000.00
Compliance requirements applicable to the federal resources awarded pursuant to this Agreement
are as follows:
Note: If the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
1. The Recipient will fully perform the obligations in accordance with the Budget and Scope of
Work, Attachments A and B of this Agreement.
The Recipient shall be governed by applicable State and Federal laws, rules and regulations,
including but not limited to those identified in Attachment C.
Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal programs and State projects included in
Exhibit 1 be provided to the Recipient.
25