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02/18/2020 (4)
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02/18/2020 (4)
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Last modified
8/19/2020 1:09:25 PM
Creation date
7/10/2020 10:25:11 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/18/2020
Meeting Body
Board of County Commissioners
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The Federal requirements are found in 24 CFR 85.36 (b) (3) and 24 CFR <br />570.489(h). The State of Florida requirements are found in Chapter 112.311 — <br />112.3143 of the Florida Statutes. A Conflict of Interest is defined as a <br />relationship or circumstances whereby a person or organization exercises <br />functions or responsibilities for funded activities through which they, their <br />relatives, or know associates obtain or appear to obtain a financial benefit. <br />Two types of conflicts are noted, those being beneficiary and procurement. <br />1. A beneficiary conflict of interest would involve any direct benefit, such as <br />housing rehab, utility hook-up or facade renovation. The conflict would <br />occur when benefits are awarded to anyone with a role in the CDBG and <br />or DRI program approval process, to include but not limited to, a member <br />of a CATF, PA, County officials and Commission members. There are <br />however exceptions to this rule which are explained in 24 CFR 570.611 <br />(d). To request a waiver, the Applicant through the HRS and PA must be <br />submitted in writing to the County for approval, who must then submit the <br />request to FDEO for final approval. Any costs incurred prior to FDEO <br />approval are unallowable. There are no retroactive waivers. • <br />2. A procurement conflict of interest exists if there appears to be a <br />relationship between a funded activity and County officers, their <br />employees or agents, any member of their immediate family or any <br />organization that employs or is about to employ, any of the afore- <br />mentioned individuals. This conflict covers all aspects of the procurement, <br />from solicitation, to award, to administration to include the writing of the <br />Applicant Selection Criteria and in the Priority of Assistance, evaluating <br />proposals and negotiating terms. The affected person must not participate <br />in the procurement process in any manner; the level of conflict is <br />irrelevant. Any conflict or appearance of a conflict requires non - <br />participation. A procurement conflict cannot be waived. <br />39 <br />
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