HomeMy WebLinkAbout1996 - CAVCORPTHIS 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, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does agree to
perform as described herein, and
B. WHEREAS, the Department determined that the Recipient has successfully competed for
a Community Development Block Grant (hereinafter referred to as "CDBG 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.
AGREEMENT
Contract Number: 96DB -1 E- 10- 40- 02 -006
CFDA Number: 14.219
The Recipient shall fully perform the obligations in accordance with the Budget and Scope
of Work, Attachment A 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 Attachment B.
(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.
Either party may request modification of the provisions of this Agreement pursuant to Rule
Chapter 9B -43, Fla. Admin. Code. Changes which are mutually agreed upon shall be valid only when
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement.
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(5)
closing of title.
RECORDKEEPING.
(a) If applicable, Recipient's performance under this Agreement shall be subject to 24 C.F.R. Part
3 or OMB Circular No. A -110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB
Circular No A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A--122, "Cost Principles for Nonprofit
Organizations."
(b) All original records pertinent to this Agreement shall be retained by the Recipient for three years
following the date of termination of this Agreement or of submission of the final close -out report, whichever is later, with
the following exceptions:
1. If any litigation, claim or audit started before the expiration of the three year period and
extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving
the records have been resolved.
2. Records for the disposition of non expendable personal property valued at $1,000 or
more at the time of acq:.!isition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for three years after
(c) All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Budget and Scope of Work Attachment A and all
other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors to be paid from funds
under this Agreement, shall allow acc ss to its records at reasonable times to the Department, its employees, and
agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal
business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited
to, auditors retained by the Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in Attachment C
and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in
Attachment H.
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a close -out report and other
reports that may be required from time to time by the Department.
(b) The close -out report is due within 45 days of termination of this Agreement or upon completion
of the activities contained in this Agreement.
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(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 payments until they are
completed or may take such action as set forth in paragraph (9). The Department may terminate the Agreement with a
Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the
Department" means that the work product was completed in accordance with generally accepted principles and is
consistent with the Budget and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department.
(e) The Recipient shall provide additional reports and information as identified in Attachment D.
(7) MONITORING.
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
to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, 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. 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 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 used by third parties in
any matter arising out of any contract.
(9) DEFAULT: REMEDIES: TERMINATION.
(a) 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
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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
Department, 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;
5. If the necessary funds are not available to fund this agreement as a result of action by the
Legislature, the Office of the Comptroller or the Office of Management and Budgeting.
(b) Upon the happening of an Event of Default, then the Department may, at its option, upon 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 twenty -one (21) 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;
Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of this
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, misrepresentation in the grant
application, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a
timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Fla. Stat., as amended.
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(d) Suspension or termination constitutes final Department action under Chapter 120, Fla. Stat.,
as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time
frames.
(e) The Recipient shall return funds to the Department if found in non compliance with laws, rules,
regulations governing the use of the funds or this Agreement.
(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 writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set
forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
(c) The name and address of the Representative of the Recipient responsible for the administration
of this Agreement is:
Off i/ry t'A /17. 3'2
Ml9 -!n/ .r
(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.
Community Program Administrator
Bureau of Community Development
2740 Centerview Drive
Tallahassee. Florida 32399 -2100
SE RST 7A-AJ PL 3d
(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, or any Participating Party in this Agreement, in the
Application, in any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are incorporated by reference.
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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 and the Participating Party, 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 or any Participating Party 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 or any Participating Party. 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 telecommunbations.
(f) If applicable, the Recipient shall provide the Department with a signed Public Entity Crime
Statement, Form PUR 7068, pursuant to the requirements of Section 287.133(3)(a), Fla. Stat., and enclose it with the
Agreement documents. If contractors will receive payment from this contract, it is the Recipient's responsibility to ensure
that a copy of the form is executed by the contractor, administrator, or other professional with whom the Recipient
contracts in any amount that exceeds category 2 as defined in Chapter 287.133(3), Fla. Stat. If said contract is executed
after submission of this Agreement, said statement will be provided to the Department within 14 days of execution of said
contract.
(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 mcnitoring the funds awarded under this Agreement.
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(d) The Recipient shall provide the Department with an annual financial audit report which meets
the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules of the Auditor
General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501 -7507, OMB Circulars A -128 or A-
133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this
Agreement was received by the Department as a grant and aid appropriation.
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 grant revenue by sponsoring Department and Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1 and 2
above, shall be sent directly to:
Department of Community Affairs
Community Program Administrator
Bureau of Community Development
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
(e) In the event the audit shows that the entire funds, 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 thirty
(30) days after the Department has notified the Recipient of such non compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical records, and
any other documents pertinent to this contract for a period of three years after the date of submission of the final
expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three -year period, the
records shall be retained until the litigation or audit findings have been resolved.
(g) The 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 months after the end of the fiscal year of Recipient..
(1)
requirements.
(13) SUBCONTRACTS.
An audit performed by the State Auditor General shall be deemed to satisfy the above audit
(a) If the Recipient subcontracts with a subrecipient as defined in 24 C.F.R. Part 570 any or all of
the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within
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thirty (30) days after execution of this Agreement. The Recipient agrees to include in the subcontract that (I)
the subcontractor is bound by all applicable state and federal laws and regulations, and (i) 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 alle-.wed and
required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) 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 and Scope of Work
Attachment B Program Statutes and Regulations
Attachment C Recordkeeping
Attachment D Reports
Attachment E Federal Lobbying Prohibitions
Attachment F Copyright, Patent and Trademark
Attachment G Statement of Assurances
Attachment H Property Management and Procurement
Attachment I Reserve
Attachment J Reserve
Attachment K Special Conditions
Attachment L Work Plans
(16) FUNDING /CONSIDERATION.
(a) The funding for this Agreement shall not exceed $389,542.00, subject to the
availability of funds.
(b) Any advanced payment under this Agreement is subject to s. 216.181(14), Fla.
Stat.. The amount which may be advanced is subject to Rule Chapter 9B-43, F.la.
Admin. Code, 24 C.F.R. Part 85, 24 C.F.R. Part 570, Federal OMB Circular A -87,
A110, Al22, and the Cash Management Improvement Act of 1990.
(c) All funds shall be requested on forms provided by the Department for that
purpose.
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(17) 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.
(b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services
shall be in writing for a period not to exceed six (6) months and shall be subject to the same 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 pre -audit and post -audit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement
for refusal by the 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 Contractor/ Recipient in conjunction with the
Agreement.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this Agreement may be
used directly or indirectly to influence legislation or any other offcial action by the Florida Legislature or any state agency.
Refer to Attachment G for additional terms and provisions relating to lobbying.
(19) COPYRIGHT, PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to copyrights,
patents and trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses th 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.
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(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment 1.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue reimbursement payments to
Recipients within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and /or
services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40
days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1), Fla. Stat. The
interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state Department may receive
assistance by contacting the Vendor Ombudsman at (904) 488 -2924 or by calling the State Comptroller's Hotline at
1- 800 848 -3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIP i ,i0
BY: _ice y DEPART T OF ITY AFFAIRS
Name and Title: Arthur L. Firtion B
and Title: Thomas A. Pierce, Chief
B reau of Community Development
Date: /A 5
Y o,
Date: 12/4/95
Federal Employer I.D.
STATE OF FLORIDA
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Attachment B
PROGRAM STATUTES AND REGULATIONS
(a) This Agreement and the CDBG Program are governed by the following statutes and regulations:
1. Community Development Block Grant, Final Rule, 24 C.F.R. Part 570;
2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.;
3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.;
4. Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.S.;
5. Title I of the Housing and Community Development Act of 1974, as amended;
6. Treasury Circular 1075 regarding drawdown of CDBG funds.
7. Sections 290.0401- 290.049, Fla. Stat.;
8. Rule Chapter 9B-43, Fla. Admin. Code;
9. Department of Community Affairs Technical Memorandums;
10. HUD Circular Memorandums applicable to the Small Cities CDBG Program; and
11. Single Audit Act of 1984.
(b) Additional program provisions governing this Agreement are:
(1) The Recipient agrees that future changes in applicable laws, rules, and regulations governing
the Federal and local CDBG program are applicable to this Agreement on their effective dates, or in the case of Fla.
Admin. Code, Rule Chapter 9B-43, upon dissemination by the Department of a Technical Memorandum so advising
recipients. Failure of the Recipient to acknowledge receipt shall not invalidate this provision.
(2) The Department shall review the Recipient's performance periodically to determine whether the
Recipient has substantially completed its program as described in the approved Application and this Agreement in
accordance and compliance with the requirements of s. 290.041- 290.049, Fla. Stat., as amended, Fla. Admin. Code,
Rule Chapter 9B-43, as it may be amended from time to time, and other applicable state and federal laws and
'regulations. Training and technical assistance shall be provided by the Department, within limits of staff time and budget,
upon written request by the Recipient and /or upon a determination by the Department of Recipient need.
(3) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical
assistance and shall assure the cooperation of its employees, subrecipients and subcontractors during such activities.
(4) If at any time after the effective date of this Agreement, the Department determines that an
activity to be funded is not eligible pursuant to Fla. Admin. Code, Rule Chapter 9B-43, as it may be amended from time
to time, 24 C.F.R. Part 570 or any subsequent federal regulation which supersedes it, the Department may unilaterally
amend this Agreement to delete the ineligible activity and de- obligate any unencumbered funds attributable to the
ineligible activity. Any funds expended on an activity subsequently deemed ineligible shall be repaid to the Department
within 30 days of receipt of a request from the department for said repayment; provided, however, that any activities
which become ineligible solely as a result of a change in state or federal regulations, shall not result in funds expended
prior to the change in regulations having to be repaid to the Department.
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(5) 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.
(6) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security
p greement, or other obligation specified in any Participating Party Agreement or 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 days (30) written notice to the Recipient, automatically substitute itself for the Recipient in
said Participating Party Agreement or written contract for the purpose of enforcing said Participating Party Agreement or
written contract and may, at its discretion, continue to administer said Participating Party Agreement or written contract.
reference.
(7) The Application as it existed after the completeness period is made a part of this contract by
(8) If the Recipient has not submitted an audit report in accordance with OMB Circular A -128 within
the time frame specified.in paragraph 12(h) of this Agreement, a 15 -point score reduction will be assessed against any
subsequent application received for each failure to timely submit a required audit report pursuant to Fla. Admin. Code,
Rule 9B- 43.006(6)(a).
(9) The Recipient, its employees, and agents, shall maintain records and supporting documents as
prescribed in 24 C.F.R. Section 570.490(b), "Unit of general local government records"; 24 C.F.R. Section 570.490(c),
"Access to records Fla. Admin. Code, Rule 9B- 43.014(11); and 24 C.F.R. Part 85. These records shall be maintained
at a readily accessible site within the jurisdiction and under the jurisdiction's control.
(10) If the Recipient has not submitted a closeout package as provided in Fla. Admin. Code, Rule
9B- 43.006(6)(c), as such rule may be amended from time to time, a 5 -point score reduction will be assessed against any
subsequent application received.
(11) Program Income is defined in 24 C.F.R. Section 570.489(e). Pursuant to 24 C.F.R. Section
570.489(e)(2)(ii)(C), program income retained by a Recipient must be substantially disbursed before requesting
additional funds from the Department.
(12) The Recipient must report any program income on hand from this or any other CDBG grant on
the semi annual program income report.
(13) The Recipient may only retain program income for the purpose of continuing the same activity
from which the program income was derived. Any program income retained must be expended prior to the submission
of an administrative closeout package. The same activity is defined as, "additional units of the same eligible activity with
the same direct beneficiaries to be undertaken and completed prior to submission of an administrative closeout
package." In the housing category, the Recipient may complete additional eligible housing rehabilitation prior to
submission of an administrative closeout package if an amendment approving such housing rehabilitation is approved in
writing by the Department.
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(14) All Recipient 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 cost 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) All amendments requiring prior Department approval must be submitted 45 days prior to the
end of the contract and must be approved in writing by the Department prior to the Recipient's submission of a closeout
package. Any closeout package received prior to the written approval of said amendment is considered void ab initio,
and is not considered a closeout package for the purposes of eligibility or potential penalty issues related to closeout.
(16) Submission of inaccurate information by the Recipient in monitoring report responses; audit or
audit finding, responses; closeout, program income, or other required reports; or Requests for Funds that result in
subsequent official Department action based on that inaccurate information (such as the granting of administrative or
final closeout status, releasing funds, or clearing findings) may, at the option of the Department, subject the Recipient to
one or more of the following remedies:
(a) Revocation of the official Department action(s) predicated on that report or submission,
e.g., revocation of closeout status, audit clearance, monitoring report clearance, etc.
(b) Such other actions as provided in Fla. Admin. Code, Rule Chapter 9B-43, based on the
revocation of any official action taken by the Department which was predicated on the incorrect information.
(c) In the case of an administrative closeout status, it would result in the nullification of the
eligibility of the Recipient to apply for and receive additional CDBG funding in accordance with Section 290.046(2)(c)(I),
Fla. Stat.. Such revocation of administrative closeout status would also affect subsequent Department actions made on
that basis, and could include the cancellation of any subsequent grant awards and repayment by the Recipient of any
grant funds previously expended under the nullified grant contract.
(17) 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.
(18) An administrative closeout package shall contain the submissions detailed in Fla. Admin Code,
Rule 9B- 43.014(7)(b) and be dated and executed by the chic f elected official or the previously established designee of
that chief elected official. Should the closeout package be incomplete, illegible, or unsigned, it will be considered void ab
initio and is not considered a closeout package for purposes of eligibility or potential penalty issues related to closeout.
(19) Pursuant to Fla. Admin. Code, Rule 9B- 43.014(6), the minimum score within the fundable range
for the application cycle in which this Agreement shall be established by the publication and distribution of the Final
Ranking After Appeals. Any amendment which would reduce the score below the fundable range shall not be
approved by the Department.
14
(20) Pursuant to 24 C.F.R. Section 570.489(b), those 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 re- imbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract.
(21) If the Recipient fails to meet the accomplishments reflected in the application and this contract,
the following penalties shall be assessed against future applications pursuant to Rule 9B- 43.006(6), Fla. Admin. Code:
(a) A penalty of ten points per housing unit up to a maximum of 50 points for failure to
rehabilitate or address the original number of housing units scored in the original contract in the housing category.
(b) A penalty of 50 points for failure to serve the entire service area (s) in the original
contract in the neighborhood revitalization or the commercial revitalization categories.
(c) A penalty of 5 points per job up to a maximum of 50 ;points for failure to create the total
number of jobs in the original contract in the economic development category.
(22) Any amendment requiring Department prior written approval must be submitted to the
Department 45 days prior to the end of the contract or a 15 point penalty shall be assessed against future grant
application pursuant to Rule 9B- 43.014(6).
(23) Any amendment requiring Department prior written approval which impacts a Closeout Package
must be received 45 days prior to submission of that closeout package or a 15 point penalty shall be assessed against
future grant application pursuant to Rule 9B- 43.014(6).
(24) Pursuant to 24 C.F.R. Section 570.489(b), those pre -costs reflected in the grant application, as
originally submitted, that relate to preparation of the application are considered eligible costs if they are otherwise in
compliance with all other requirements of this contract.
15
Attachment C
RECORDKEEPING
(a) If applicable, recipient's performance under this Agreement shall be subject to 24 C.F.R. Part
85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized
Indian Tribal Governments" or OMB Circular No. A -110, "Grants and Agreements with Institutions of High Education,
Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local
Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost
Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for profit) organization on a cost
reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Agreement shall be retained by the Recipient for three years
following the date of termination of this Agreement or of submission of the final close -out report, whichever is later, with
the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year period
and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non expendable personal property valued at $1,000 or
more at the time of acquisition shall be retained for three years after final disposition.
3. All records relating to real property acquisition shall be retained for three years
following final closeout or until the period for retention of relevant displacement records has expired, whichever is
appropriate.
4. Records relating to displaced persons or businesses shall be retained for three years
following final closeout or resolution of all claims and litigation, which ever comes last.
(c) All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Budget and Scope of Work Attachment A and all
other applicable laws and regulations.
(d) 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.
16
Attachment D
REPORTS
(a) At a minimum, the Recipient shall provide the Department with a close -out report on forms
provided by the Department and such other reports as are deemed necessary from time to time by the Department.
(b) The close -out report is due no later than forty -five (45) days after termination of this Agreement
or upon completion of the activities contained in this Agreement.
(c) If all required reports and copies are not sent to the Department or are not completed in a
manner acceptable to the Department, the Department may withhold further payments until they are completed or may
take such other action as set forth in paragraph (7). The Department may terminate the Agreement with a Recipient if
reports are not received within thirty (30) days after written notice by the Department. "Acceptable to the Department"
means that the work product was completed in accordance with generally accapted principles and is consistent with the
Budget and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department.
17
Attachment E
Federal Lobbying Prohibitions
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(c' The undersigned shall require that the language of this certification be included in the award documents
for all sub. wards 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 Tess than $10,000 and not more than $100,000 for each such failure.
Signature
Arthur L. Firtion, Mayor
Name and Title (printed)
18
Attachment F
Copyright, Patent and Trademarks
(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.
(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 ad 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
so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph
(b), have the right to all patents and copyrights which occur during performance of the Agreement.
19
Attachment G
STATEMENT OF ASSURANCES
The Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program.
(e) It has facilitated or will facilitate citizen participation by:
(2) Providing adequate notices for one or more public hearings; and
(3)
(f) Its chief executive officer or other officer of Recipient approved by the State:
20
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing
the filing of the application, including all understandings and assurances contained therein, and directing and
authorizing the Recipient's chief executive officer to act in connection 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 public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection
with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in
all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above:
(d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review (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.
(1) Providing citizens with an opportunity to participate in the determination of priorities in community
development and housing needs;
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.
(9)
(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 Recipient and himself to accept the jurisdiction of the
Federal courts for the purpose of enforcement of his responsibilities as such an official.
The Community Development program has been developed so as to give maximum feasible priority to activities
which will benefit low and moderate income families, or aid in the prevention or elimination of slums or blight.
(The requirement for this certification will not preclude the State from approving an application where the
Recipient certifies, and the State 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 -110, and A -122 as they relate to the application, acceptance, and use of Federal funds under
this document.
(i) It will comply with:
(1) Section 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.C. 276 a -5) with respect to prevailing wage rates (exc: pt
for projects for the rehabilitation of resic:ential properties of fewer than eight units) and HUD Handbook
1344, as revised;
(3)
Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that 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., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage
rates for all hours worked in excess of the prescribed work -week.
(j) It will comply with all requirements imposed by the State concerning special requirements of law, program
requirements, and other administrative requirements, approved in accordance with 24 C.F.R. Part 85.
(k) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto (24
C.F.R. Part 1), which provides that no person in the United States shall on the grounds of race, color, or
21
national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any real
property or structure thereon is provided or improved with the aid of Federal financial assistance
extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is used for a
purpose for which the Federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284), as amended, administering all programs and
activities relating to housing and community development in a manner to 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)
(5)
(8)
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, 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;
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 and 24 C.F.R. Part 8;
(6) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of
housing built with Federal assistance;
(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 pay or other forms of compensation; and election
for training and apprenticeship; and
Executive Order 12898 on environmental justice.
(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
22
(m) It will:
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.
(1) Comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, as required under 24 C.F.R. Section 570.488 and Federal implementing regulations at 49
C.F.R. Part 24; the requirements in 24 C.F.R. Section 570.488 governing the residential
antidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification
that the Recipient is following such a plan); the relocation requirements of 24 C.F.R. Section 570.488
governing optional relocation assistance under section 105(a)(11) of the Act; and HUD Handbook 1378,
as revised.
(2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the
regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.488.
(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 regulations at 49 C.F.R. Part 24 and
24 C.F.R. Section 570.488;
(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
relocation process does not result in different or separate treatment of such persons on account of race,
color, religion, national origin, sex, or source of income;
(3)
Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and
sanitary replacement dwellings will be available to all displaced families and individuals and that the
range of choices available to such persons will not vary on account of their race, color, religion, national
origin, sex, or source of income; and
(4) Inform affected persons of the relocation assistance, policies and procedures set forth in the regulations
at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.488.
(o) 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 570.489.
(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 foE "kickbacks" of wages in federally financed or assisted construction activities.
23
(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, 87 s. 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 financia! assistance" includes any form 01 ioan, grant,
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 "Uniform Federal Accessibility Standards,"
(UFAS) which is Appendix A to 41 C.F.R. Section 101 -19.6 for general type buildings and Appendix A to 24
C.F.R. Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensi re
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, 24 C.F.R. Part 800, and the Preservation of Archaeological and Historical Data Act of
1966 (16 U.S.C. 469a -1, 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.);
24
(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 401(0 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. 901 et seq.);
(13) Noise Abatement and Control: Departmental Policy Implementation Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
(14) Flood Disaster Protection Act of 1973, P.L. 93 -234;
(15) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59;
(16) Coastal Zone Management Act of 1972, P.L. 92 -583;
(17) Executive Order 11593, "Protection and Enhancement of 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;
(23) Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882.
(24) Executive Order 11593 Protection and Enhancement of Cultural Environment;
(25) Reservoir Salvage Act;
(26) Farmland Protection Policy Act of 1981; and
(27) Coastal Barrier Resources Act of 1982;
(x) It will comply with all parts of Title 1 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 jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and has adopted
and is enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or
exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its
jurisdiction in accordance with section 519 of Public Law 101 -140 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 Register, which
25
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 570.484(a) for benefiting low and moderate income persons.
(dd) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24 C.F.R. Part 12.
(ee) Department Technical Memorandums relating to the CDBG Program.
(ff) HUD Circular Letters appropriate to the Small Cities CDBG Program.
26
Attachment H
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), Fla. Admin. Code, as it may be amended from lime to time; and relevant state and local laws applicable to
the 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 24 C.F.R. Part 570.
27
Recipient: City of Sebastian
ATTACHMENT K
SPECIAL CONDITIONS
1) This Agreement shall be executed by the Recipient and returned to the Department at its
offices at 2740 Centerview Drive, Tallahassee, Florida, 32399 -2100 within thirty (30) days after
receipt, in accordance with Fla. Admin. Code Rule 9B- 43.014(2). After receipt by the Department of
the signed Agreement and those submissions required in paragraph two (2) of this Attachment K, the
Department will execute this Agreement 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, detailed Work Plans for each activity to
be funded as described in the Application. The Work Plans shall indicate the proposed dates of
starting and completing each of the various activities of this Agreement, including but not limited to
schematic design, bidding and negotiations, and three 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;
B) Submit to the Department the completed Civil Rights Profile Form to facilitate the
Department's civil rights review; and
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.
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 1.
28
A 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 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 after notification that such a system is available pursuant to Section
381.272(1), Fla. Stat. (1989), 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;
D) The Recipient shall obtain permission from the Department prior to funding 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 costs
which are not eligible under the FmHA fee schedule and Chapter 9B -43, Fla. Admin. Code; and
E) Adopt a procurement policy for the expenditure of CDBG funds that meets the requirements
of 24 C.F.R. Part 570, 24 C.F.R, Section 85.36. and Chapter 9B -43, Fla. Admin. Code.
4) No expense to be paid with CDBG funds pursuant to this Agreement may be incurred prior to
the effective date of the Agreement, except as provided for in paragraph 3(A) of this Attachment K.
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 rclmbursement.
5) The Recipient, by executing this Agreement, does thereby certify that there will be no
program income generated as a result of this grant. However, should program income be
inadvertently generated, it will be returned to the Department within three working days of receipt of
said program income. Program income is _lefined in accordance with 24 C.F.R. Section 570.489(e)
without regard to any excluded amount.
6) The Recipient, at its expense, shall provide to the Department a copy of all engineering
specifications and construction plans for the activities described in the Agreement as amended, with
the exception of the activities to be performed on private property to facilitate the hookup of housing
to any infrastructure being provided with CDBG funds. The Recipient, at its expense, shall also
furnish the Department a copy of all bid documents prior to publicizing the request for bids for all
services and/or materials, or contracts to provide those services and/or materials when the bids are
expected to exceed $10,000. 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.
7) The Recipient shall expend and document the expenditure of the amount of local government
general revenue administrative contribution that is claimed or points on Form CDBG- N- 3(B1)(A) in
the Application, as it may have been amended through the completeness process, and reflected on
Attachment A to this Agreement. These local government general revenue funds shall be expended
for administration costs prior to submission of the administrative closeout and shall be expended
29
concurrently with expending CDBG funds for the same purpose. The expenditure of local
government general revenue 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 closeout.
8) The Recipient shall expend and document the expenditure of the amount of local government
general revenue project contribution that is claimed for points on Form CDBG- N -3(B2) in the
Application, as it may have been amended through the completeness process, and reflected on
Attachment A to this Agreement. These local government general revenue funds shall be expended
for project costs as described on Form CDBG- N -3(B2) prior to submission of the administrative
closeout and shall be expended concurrently with expending CDBG funds for the same purpose. The
expenditure of local government general revenue funds shall be documented as if they were CDBG
funds. The documentation of the expenditures shall be reviewed by the Department prior to the
approval of administrative closeout.
9) The Recipient shall expend and document the expenditure of the amount of other grant or loan
leverage funds that is claimed for points on Form CDBG- N -3(B3) in the Application, as it may have
been amended through the completeness process, and reflected on Attachment A to this Agreement.
These grant or loan leverage funds shall be expended as described on Form CDBG- N -3(B3) prior to
submission of the administrative closeout. The expenditure of other grant or loan leverage funds
shall be documented as if they were CDBG funds. The documentation of the expenditures shall be
reviewed by the Department prior to the approval of administrative closeout.
10) 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.
11) A deed restriction shall be recorded on any real property or facility acquired with CDBG
funds as a part of this Agreement as amended. 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 Cierk of Court of the County in which the
Recipient is located. Any future disposition of that real property shall be in accordance with 24
C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section
570.489(j).
12) 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.
13) The Recipient shall only request amendments to the Agreement relating to activities reflected
on Form CDBG- N-4(C) 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 -4(C) 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 tr such activity.
14) The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of
30
the Recipient's knowledge of changes in situations which would require that updates to be prepared.
A final Form HUD 2880 shall be provided to the Department with the request for administrative
closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout
and assessment of any penalties which otherwise would have occurred.
15) 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.
16) 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 low and moderate income families in the service area are hooked up to the
potable water system at no cost to that low and moderate income family. This hookup must be
accomplished prior to or concurrently with conversion of the water lines to a potable distribution
system.
17) 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 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).
18) 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 K.
31
Attachment L
WORK PLANS
The Work Plans prepared pursuant to the Special Conditions are designated as Attachment L to the Agreement.
32
DEPARTMENT OF COM MIJN1TY AFFAIRS
SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLANS
RECIPIENT City of Sebastian DATE PREPARED November 30. 1995
CONTRACT NO. 96DB-1E-10-40-02-006 ACTIVITY BUDGET 45.000
(for this activity only)
ACTIVITY BUDGET TOTAL 45,000
(must equal Activity Budget in the heading of this form)
Activity
Name
Number
Service
Parks and Playgrounds
Number of Proposed Beneficiaries
for this activity only
Proposed Activity Units
225 LF
432 341 n/a
006
Area 1
Total LMI VLI
No. of Units Type of Units
Date Start
(month
year)
Date
End
(month
year)
Describe Proposed Action to be Undertaken or Contract Special
Condition Clearance Documentation to be Submitted by "Date
End"
of Units to
be Completed
by "Date
End"
Proposed to
be Requested
by "Date End"
11/30/95
1/15/96
Submit Request for Release of Funds and Environmental Conditions
11/30/95
12/15/95
Submit documentation to clear Special Condition Numbers 1 2
11/30/95
1/15/96
Submit documentation to clear Special Condition Numbers 3
1/2/96
8/1/96
Project Design/Approval/Permitting
8/1/96
10/1/96
Project Bidding and Award
10/1/96
11/1/96
Execute Contract/Pre- Construction Meeting
11/1/96
12/1/96
Construction 20%
9,000
12/1/96
1/1/97
Construction 20%
9,000
1/1/97
2/1/97
Construction 20%
9,000
2/1/97
3/1/97
Construction 40%
225
18,000
4/1/97
5/1/97
Submit Administrative Closeout
DEPARTMENT OF COM MIJN1TY AFFAIRS
SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLANS
RECIPIENT City of Sebastian DATE PREPARED November 30. 1995
CONTRACT NO. 96DB-1E-10-40-02-006 ACTIVITY BUDGET 45.000
(for this activity only)
ACTIVITY BUDGET TOTAL 45,000
(must equal Activity Budget in the heading of this form)
RECIPIENT City of Sebastian
CONTRACT NO. 96DB -1E -10-40- 02 -006
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLANS
DATE PREPARED November 30. 1995
ACTIVITY BUDGET 31.163
(for this activity only)
ACTIVITY BUDGET TOTAL 31,163
(must equal Activity Budget in the heading of this form)
Activity
Name
Number
Service
Administration
Number of Proposed Beneficiaries
for this activity only
Proposed Activity Units
N/A N/A
N/A N/A N/A
013
Total LMI VLI
No. of Units Type of Units
Area 1
Date Start
(month
year)
Date
End
(month
year)
Describe Proposed Action to be Undertaken or Contract Special
Condition Clearance Documentation to be Submitted by "Date
End"
of Units to
be Completed
by "Date
End"
Proposed to
be Requested
by "Date End"
11/30/95
1/15/96
Submit Request for Release of Funds and Environmental Conditions
5,000
11/30/95
12/15/95
Submit documentation to clear Special Condition Numbers 1 2
11/1/95
12/30/95
Submit documentation to clear Special Condition Numbers 3
1/15/96
1/30/96
Review project scope with Project Engineer Assist with procurement
of additional services
1,539
2/1/96
4/1/96
Assist Project Engineer with preliminary design within grant
requirements
12,078
4/1/96
8/1/96
Maintain project files/assist Project Engineer with construction
documents
6,156
8/1/96
10/1/96
Bidding of construction project and award
3,078
10/1/96
11/1/96
Execute contract/Pre- Construction meeting
1,539
11/1/96
3/1/97
Construction Payroll Verification
1,539
3/1/97
4/1/97
Finalize construction and grant budget
234
4/1/97
5/1/97
Submit Administrative Closeout
RECIPIENT City of Sebastian
CONTRACT NO. 96DB -1E -10-40- 02 -006
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLANS
DATE PREPARED November 30. 1995
ACTIVITY BUDGET 31.163
(for this activity only)
ACTIVITY BUDGET TOTAL 31,163
(must equal Activity Budget in the heading of this form)
RECIPIENT City of Sebastian
CONTRACT NO. 96DB- 1E- 10- 40- 02-006
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLANS
DATE PREPARE) November 30. 1995
ACTIVITY BUDGET 48,379
(for this activity only)
ACTIVITY BUDGET TOTAL 48,379
(must equal Activity Budget in the heading of this form)
Activity
Name
Number
Service
Engineering
Number of Proposed Beneficiaries
for this activity only
Proposed Activity Units
N/A N/A
N/A N/A N/A
016
Area 1
Total LMI VLI
No. of Units Type of Units
Date Start
(month
year)
Date
End
(month
year)
Describe Proposed Action to be Undertaken or Contract Special
Condition Clearance Documentation to be Submitted by "Date
End"
of Units to
be Completed
by "Date
End"
Proposed to
be Requested
by "Date End"
11/30/95
1/15/96
Submit Request for Release of Funds and Environmental Conditions
11/30/95
12/15/95
Submit documentation to clear Special Condition Numbers 1 2
11/30/95
1/15/95
Submit documentation to clear Special Condition Numbers 3
1/2/96
1/30/96
Preliminary Scope and review of project
2,465
2/1/96
4/1/96
Preliminary design and presentation
15,000
4/1/96
8/1/96
Finalize design including permitting
14,714
8/1/96
10/1/96
Construction bidding and award
2,000
10/1/96
11/1/96
Finalize contract and conduct Pre- Construction meeting
1,000
11/1/96
3/1/97
Construction inspection/payment authorization
12,000
3/1/97
4/1/97
Project completion
1,200
4/1/97
5/1/97
Submit Administrative Closeout
RECIPIENT City of Sebastian
CONTRACT NO. 96DB- 1E- 10- 40- 02-006
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
ACTIVITY WORK PLANS
DATE PREPARE) November 30. 1995
ACTIVITY BUDGET 48,379
(for this activity only)
ACTIVITY BUDGET TOTAL 48,379
(must equal Activity Budget in the heading of this form)
RECIPIENT City of Sebastian
CONTRACT NO. 96DB- 1E- 10- 40- 02-006
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL C1TJES CDBG PROGRAM
ACTIVITY WORK PLANS
DATE PREPARED November 30. 1995
ACTIVITY BUDGET 265,000
(for this activity only)
ACTIVITY BUDGET TOTAL 265.000
(must equal Activity Budget in the heading of this form)
Activity
Name
Number
Service
Parking Facilities
Number of Proposed Beneficiaries
for this activity only
Proposed Activity Units
225 PS
432 341 n/a
006
Area 1
Total LMI VLI
No. of Units Type of Units
Date Start
(month
year)
Date
End
(month
year)
Describe Proposed Action to be Undertaken or Contract Special
Condition Clearance Documentation to be Submitted by "Date
End"
of Units to
be Completed
by "Date
End"
Proposed to
be Requested
by "Date End"
11/30/95
1/15/96
Submit Request for Release of Funds and Environmental Conditions
11/30/95
12/15/95
Submit documentation to clear Special Condition 'Numbers 1 2
11/30/95
1/15/96
Submit documentation to clear Special Condition Numbers 3
1/2/96
8/1/96
Project Design/Approval/Permitting
8/1/96
10/1/96
Project Bidding and Award
10/1/96
11/1/96
Execute Contract/Pre- Construction Meeting
11/1/96
12/1/96
Construction 20%
53,000
12/1/96
1/1/97
Construction 20%
53,000
1/1/97
2/1/97
Construction 20%
53,000
2/1/97
3/1/97
Construction 40%
64
106,000
4/1/97
5/1/97
Submit Administrative Closeout
RECIPIENT City of Sebastian
CONTRACT NO. 96DB- 1E- 10- 40- 02-006
DEPARTMENT OF COMMUNITY AFFAIRS
SMALL C1TJES CDBG PROGRAM
ACTIVITY WORK PLANS
DATE PREPARED November 30. 1995
ACTIVITY BUDGET 265,000
(for this activity only)
ACTIVITY BUDGET TOTAL 265.000
(must equal Activity Budget in the heading of this form)
*Submit three original copies for each contract
Recipient: City of Sebastian
Address: 1225 Main Street Contact Person: Joel Koford, City Manager
Sebastian. Florida 32958
Request for funds from the State of Florida Small Cities CDBG Program will be
presented to the Department and will require one signature pg two signatures of individuals
as authorized below (check one). ALL SIGNATURES ARE BONDED.
Joel Haniford
Signature v W Signature
Typed name Typed name
Signature Signature
A non interest bearing account has been established at the financial institution insured
by the FDIC listed below for deposit for CDBG funds. In the case of an escrow account, the
account is interest bearing.
Citrus Bank 21001321
Name of Institution Account Number
1020 U.S. Highway #1, Sebastian, FL 32958
Address of Financial Institution
I certify, as the recipient's Chief Elected Official, that the above signatures are of the
individuals authorized to sign requests for funds from the Small Cities Community
Development Block Grant
12/4/95
Date
DCA USE ONLY:
Date:
SIGNATURE OF INDIVIDUALS AUTHORIZED TO
SUBMIT PAYMENT REQUESTS
Signature
Contract 9606-1E-10-40702-006
Telephone:
Janet Isman, CPA
Typed name
(407)589 -5330
RECEIVED
JAN 0 3 1996
COMMUNITY DEVELOPMENT
Arthur L. Firtion, Mayor
Typed Name and Title