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HomeMy WebLinkAbout2009-228C 1 609 7 3 tF 12� PROFESSIONAL SERVICES AGREEMENT '° �— , ,� �'C► , This Professional Services Agreement ( "Agreement" or " Contract" ) is entered into as of this 304 day of March , 2010 , by and between Indian River County , a political subdivision of the State of Florida ( " County" ) and Atlantic Coast Title a Florida corporation ( " Contractor" ) . BACKGROUND RECITALS A . In accordance with Indian River County' s FFY 2008/09 Neighborhood Stabilization Program (" NSP " ) Community Development Block Grant ( " CDBG " ) , Grant Number 10 DB - 4X- 10 -40-01 - F 13 ( " CDBG Grant Agreement" ) the County issued Bid Number 2009047 for Neighborhood Stabilization Program CDBG Housing Neighborhood Stabilization Program CDBG Housing Acquisition Services , setting forth a response date of May 28 , 2009 . B . Pursuant to Bid Number 2009047 , the County ' s CDBG Consultant reveiwed all of the bids submitted for Neighborhood Stabilization Program CDBG Housing Acquisition Services and recommended the firms that were the lowest most responsible and responsive bidders for the services included within Bid Number 2009047 to County staff. C . On September 8 , 2009 , the Indian River County Board of County Commissioners approved the recommendation to hire Contractor to provide the services set forth in Bid Number 2009047 and this Agreement . D . Contractor is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below ; and the County and the Contractor wish to enter into this Agreement for the services as set forth below . NOW , THEREFORE , for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , and intending to be legally bound hereby , the parties hereby agree as follows : 1 . DESCRIPTION OF SERVICES . The services to be performed by Contractor pursuant to this Agreement , are as set forth in Exhibit "A" attached hereto and incorporated herein by this reference in its entirety ( " Services " ) . 2 . WORK ORDER AGREEMENT 2 . 1 . All Services provided by the Contractor for the County shall be identified in Work Orders and performed in a timely , efficient , cost effective manner , and in accordance with the current professional standards of the applicable discipline . Work Orders shall include a description of services to be performed ; a schedule of deliverables ; and compensation to be paid with sufficient detail to identify all of the various elements of costs ; a projected schedule for completion of the work to be performed by the Contractor 2 . 2 . Whenever the term "Work Order" is used herein , it is intended to mean that formal document that is dated ; serially numbered ; and executed by both the County and the Contractor by which the County accepts Contractor' s proposal for specific Services and Contractor indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement . Each Work Order must be fully executed 1 by the County prior to issuance of the related Notice -to- Proceed ; and the Notice4o- Proceed may be included within a Work Order. 2 . 3 . A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements . Each written Notice to Proceed and specific Work Order, as approved by the County , shall be an addendum to this Agreement . Nothing contained in any Work Order shall conflict with the terms of this Agreement , and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein . 2 . 4 . No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value or volume of work , if any , that Contractor will receive during the term of this Agreement . The County shall determine the total number of homes for which the Contractor will provide Services during term of the CDBG Grant Agreement . 3 . ADDITIONAL SERVICES , The County may , but is not obligated to , request that additional related services be added to the Services provided by the Contractor under this Agreement . The County and Contractor acknowledge and agree that any such additional Services will be negotiated based on pricing that is consistent with , and comparable to , the compensation for similar Services covered under this Agreement . 4 . CONTRACTOR RESPONSIBILITY for CERTAIN CDBG GRANT AGREEMENT COMPLIANCE , 4 . 1 . The CDBG Grant Agreement is set forth in Exhibit " B " attached hereto and incorporated herein by this reference in its entirety . The Contractor acknowledges and agrees that the County is the " Recipient" under the CDBG Grant Agreement and that certain obligations of the County as Recipient will be " passed through " to Contractor , including , without limiting the generality of the foregoing , the obligations included in paragraph ( 14 ) that : ( i ) the Contractor is bound by the terms of the CDBG Grant Agreement ; ( ii ) the Contractor is bound by all applicable state and federal laws and regulations ; and ( iii ) the Contractor shall hold the Florida Department of Community Affairs and Indian River County harmless against all claims of whatever nature arising out of the Contractor' s performance of work under the CDBG Grant Agreement and this Agreement . The Contractor acknowledges and agrees that the terms of CDBG Grant Agreement shall control in the event of any conflict with the terms of this Agreement . 4 . 2 . Pursuant to the CDBG Grant Agreement , the Contractor acknowledges and agrees that : ( i ) the Contractor is required to sign Exhibit E " Lobbying Certification " attached hereto and incorporated herein by this reference in its entirety as a condition precedent to Indian River County as Recipient entering into this Agreement with Contractor ; ( ii ) the Contractor is required to sign Attachment G " Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion " attached hereto and incorporated herein by this reference in its entirety as a condition precedent to Indian River County as Recipient entering into this Agreement with Contractor ; and ( iii ) Attachments B and J set forth additional obligations of both the Contractor and Indian River County as Recipient . , including , without limiting the generality of the foregoing , stringent anti -fraud and abuse provisions 4 . 3 . Contractor acknowledges and agrees that all payments to be made under this Agreement are derived from the CDBG Grant Agreement funds and the CDBG Grant Agreement is a cost reimbursement agreement . Accordingly , Contractor shall execute a valid " Release of Liens" [where appropriate to the type of Services provided under this Agreement] for Services performed under each Work Order and Contractor agrees to look 2 solely to County for payment for services hereunder. The Contractor agrees that the foregoing provision shall be inserted into any contracts between Contractor and any subcontractors , material providers , laborers , and or suppliers under this Agreement . 5 . FEE/COMPENSATION ; TIME OF COMPLETION . . 5 . 1 . The bid submitted by Contractor containing billing rates and other applicable fee schedules is set forth in Exhibit " C " attached to this Agreement and made a part hereof by this reference . The County shall pay to the Contractor a fee that is specifically set forth in each Work Order issued under this Agreement and based on the rates and fee schedules set forth in Exhibit C for all work included and completed in accordance with this Agreement . 5 . 2 . The time for completion of each Service included within any Work Order shall be set forth within the Work Order . The Contractor acknowledges and agrees that is the intention of the County , to the maximum extent possible , to pay Contractor at the closing , i . e . , acquisition of the home for which the Services were performed . If the home does not proceed to closing i . e . , acquisition , payment shall be made as set forth in paragraph 5 . 4 of this Agreement . Time is of the essence in the completion of each Work Order under this Agreement . 5 . 3 . All Services performed under this Agreement shall be done to the satisfaction of the County , who shall in all cases determine the amount , quality , fitness , and acceptability of the Services to be paid hereunder, and shall decide all questions which may arise as to fulfillment of the Agreement on the part of Contractor, and the County ' s decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise , shall be a condition precedent to the right of Contractor to receive any money hereunder . 5 . 4 . Proper Invoices shall be submitted to the County ' s Finance Department in detail sufficient for proper prepayment and post payment audit . All payments for services shall be made to the Contractor by the County in accordance with the Local Government Prompt Payment Act ( 2009 ) , Florida Statutes Section 218 . 70 et seq . 6 . INSURANCE . The Contractor shall not commence to perform the Services under this Agreement until it has obtained all the insurance required under this Agreement as set forth in Exhibit " D " attached hereto and incorporated herein by this reference in its entirety , and such certificates of insurance have been approved by the County' s Risk Manager . The cost of such insurance shall be included in the Contractor' s fee . 7 . TERM . This Agreement shall remain in effect for one hundred and twenty ( 120 ) days after the expiration of the County' s NSP CDBG grant agreement with the Florida Department of Community Affairs , subject to sooner termination as provided herein . The duration of the County' s NSP CDBG grant agreement is anticipated to be approximately 2 years . 8 . TERMINATION . 8 . 1 . . This Agreement may be terminated : ( a ) by the County , for any reason , upon at least thirty ( 30 ) days ' prior written notice to the Contractor ; ( b ) by the Contractor , for any reason , upon at least thirty ( 30 ) days ' prior written notice to the County ; ( c ) by the mutual agreement of the parties ; or ( d ) as may otherwise be provided below . In the event of the termination of this Agreement , any liability of one party to the other arising out of any 3 Services rendered , or for any act or event occurring prior to the termination , shall not be terminated or released . 8 . 2 . In the event of termination by the County , the County' s sole obligation to the Contractor shall be payment for those portions of satisfactorily completed work under existing Work Orders issued pursuant to this Agreement , as estimated by the Contractor and agreed upon by the County up to the time of termination . In the event of such termination , the County may , without penalty or other obligation to the Contractor , elect to employ other persons to perform the same or similar services . 8 . 3 . The obligation to provide services under this Agreement may be terminated by either party upon seven ( 7 ) calendar days prior written notice in the event of: ( i ) Contractor breaches any material provision of the obligations imposed upon contractor under the CDBG Grant Agreement ; or ( ii ) substantial failure by the Contractor to perform in accordance with the terms of this Agreement through no fault of the County . 8 . 4 . . In the event of termination of this Agreement , the Contractor agrees to provide copies of any and all documents prepared by the Contractor for the County in connection with this Agreement . 9 . INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the parties hereto that the Contractor is and shall be , in the performance of all Services and activities under this Agreement , an independent contractor , and not an employee , agent , or servant of the County . All persons engaged in any of the Services performed pursuant to this Agreement shall at all times , and in all places , be subject to the Contractor' s sole direction , supervision , and control , The Contractor shall exercise control over the means and manner in which Contractor and its employees perform the Services , and in all respects the Contractor' s relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees , agents , or servants of the County . 10 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Contractor and the County . 11 . GOVERNING LAW ; VENUE , This Agreement , including all attachments hereto , shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County , Florida , or , in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 12 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party , at law or in equity . Each right , power and remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to 4 every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to do so in the event of a continuing or subsequent delinquency or default . A party' s waiver of one or more defaults does not constitute a waiver of any other delinquency or default . If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default , or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 13 . SEVERABILITY . If any term or provision of this Agreement , or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 14 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are subject to the availability of funds under the CDBG Grant Agreement . 15 . NO PLEDGE OF CREDIT . , The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness . 16 . PUBLIC RECORDS . The Contractor shall comply with the provisions of Chapter 1191 Florida Statutes ( Public Records Law ) in connection with this Agreement . 17 . NOTICES . Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : ( a ) Hand delivery to the other party ; or ( b ) Delivery by commercial overnight courier service at the addresses of the parties shown below : County : Indian River County Attn : Bob Keating , Community Development Director 1801 27th Street , Vero Beach , FL 32960- 3365 Phone : ( 772 ) 226- 1254 ; Facsimile : ( 772 ) 978 - 1806 E - mail : bkeating (a� ircgov . com Contractor : Attn : Jason A . Beal Atlantic Coastal Title Corporation 3850 20`h Street , Suite 6 Vero Beach , FL 32960 Phone : ( 772 ) 5694364 , Facsimile : ( 772 ) 569- 8688 E - mail : jbeal (a), atlanticcoastal . com 5 Notices shall be effective when received at the address as specified above . Facsimile or E - mail transmission are acceptable notice effective when received , provided , however, that facsimile and e- mail transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday . The original of any documents/notices that contain signatures must additionally be mailed . Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 18 . SURVIVAL . Except as otherwise expressly provided herein , each obligation in this Agreement to be performed by Contractor shall survive the termination or expiration of this Agreement . 19 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose of convenience only , and shall not be deemed to expand , limit , or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter , singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm 's - length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 20 . COUNTERPARTS . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . 21 . GENERAL . The Background Recitals are true and correct and form a material part of this Agreement . IN WITNESS WHEREOF , the County and the Contractor have caused this Agreement to be executed in their respective names as of the date first set forth above . Contractor : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ( sign 2z - By o %? Printed names- .f -e44: 1, j/t� Robert M . Keating , Gomi pity Development Directur Attest : v ! fJ ;,I ; o�.r�; hes , Attest : J . K . Barton . Clerk ( sign ) B 0 [corporate §` al] Deputy Clerk Approved by BCC : 6 Approved : By Jo7h A . Baird , County Administrator Approved as to form and legal sufficiency : By d� Alan Polackwich , Cou ty Attorney 7 EXHIBIT A Title & Closing Services - Provide title searches , title insurance , and all closing services for foreclosed properties being acquired through the County . Provide complete title and escrow services for property closings . On real estate parcels , conduct research that includes information such as ownership , assessed value , encumbrances , property characteristics , and property identification . All title searches that are requested by Indian River County shall be completed and submitted to the County within four (4 ) business days from the issuance of the Notice to Proceed for the title search . Title Insurance shall be issued at the closing . All closings shall be scheduled within ten ( 10 ) calendar days from the request by Indian River County to schedule the closing . EXHIBIT B CDBG GRANT AGREEMENT C STATE OF FLORIDA 2009 AUG 2l1 Fid 36 2b DEPARTMENT OF COMMUNITY AFFAIRS Contract Number : IODB4X- 1040-01 -F 13 FEDERALLY-FUNDED SUBGRANT AGREEMENT NEIGHBORHOOD STABILIZATION PROGRAM THIS AGREEMENT is entered into by the State of Florida , Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the " Department" ), and Indian River County , 1801 271h Street, Vero Beach, Florida 32960 (hereinafter referred to as the " Recipient" ) . THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS : A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B . The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C . The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following : ( 1 ) SCOPE OF WORK The Recipient shall perforin the work in accordance with the Budget and Scope of Work, Attachment A and Activity Work Plans, Attachment I of this Agreement, and the Sub-grant Application submitted by the Recipient including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Sub-grant Application"). (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES The Recipient and the Department shall be governed by the 2008 State of Florida Action Plan Substantial Amendment and applicable State and Federal laws , rules and regulations, including those identified in Attachment B . ( 3 ) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the date last signed, unless terminated earlier in accordance with the provisions of Paragraph ( 12 ) of this Agreement. Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division Director approves such extension. Extensions will be in accordance with the guidelines established in the 2008 State of Florida Action Plan Substantial Amendment. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement . Changes which are agreed upon shall be valid only when in writing , signed by each of the parties, and attached to the original of this Agreement. Rev 07/31 /2009 Page 1 ( 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) or OMB Circular No . A- 110, "Grants and Agreements with Institutions of Higher 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) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department. The six year period may be extended for the following exceptions : I . If any litigation, claim or audit is started before the six year period expires, and extends beyond the six year period , the records shall be retained 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 $5 ,000 or more at the time it is acquired shall be retained for six years after final disposition. 3 . Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs , in a form 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 ordinarily 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) 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 reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. " Reasonable " shall ordinarily mean normal business hours of 8 :00 a . m . to 5 : 00 p .m . , local time, Monday through Friday . Rev 07/31 /2009 Page 2 (c) The Recipient shall 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) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A- 133 , as revised, and in the event that the Recipient expends $ 500,000 or more in Federal awards in its 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. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources 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 of OMB Circular AA 33 , as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above , the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised. If the Recipient expends less than $500,000 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 $500,000 in Federal awards in its fiscal year and chooses 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. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular AA 33 , as revised, and required by subparagraph (d) above, when required by Section . 320 (d), OMB Circular A- 133 , as revised, by or on behalf of the Recipient to : The Department of Community Affairs at each of the following addresses : Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 [also send an electronic copy to aurilla, parrish@dca . state. fl. us ] and Department of Community Affairs Florida Small Cities Community Development Block Grant Program/NSP Program 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http ://harvester. census. gov/fac/collect/ddeindex . htrnI And to any other Federal agencies and pass-through entities in accordance with Sections . 320 ( e) and (f), OMB Circular A- 133 , as revised. (f) Pursuant to Section . 320 (f), OMB Circular AA 33 , as revised, the Recipient shall send a copy of the reporting package described in Section . 320 (c), OMB Circular A- 133 , as revised, and any management letter issued by the auditor, to the Department at the following addresses : Rev 07/31 /2009 Page 3 Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla. parrish@dca. state. fl. us] and Department of Community Affairs Florida Small Cities Community Development Block Grant Program/NSP Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due , send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A- 133 , Florida Statutes, and Chapters 10. 550 (local governmental entities) or 10. 650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable . (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A- 133 or Chapters 10. 550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed 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 days after the Department has notified the Recipient of such non-compliance . 0 ) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either 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. The audit must be received by the Department no later than nine months from the end of the Recipient' s fiscal year. (7) REPORTS (a ) The Recipient shall provide the Department with monthly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Department. (b) Monthly reports are due to the Department no later than 15 days following the last day of the preceding month and shall be sent each month until submission of the administrative close-out report. The ending dates for each month shall be the last calendar day of the month. (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs . ( d) 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 other action as stated in Paragraph ( 11 ) REMEDIES . " Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work . Rev 07/31 /2009 Page 4 Department. (e) The Recipient shall provide additional program updates or information that may be required by the (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved . A review shall be done for each function or activity in Attachments A and I to this Agreement, and reported in the monthly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General . In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768 . 28, Fla. Stat. , the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance 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 which is a state agency or subdivision , as defined in Section 768 . 28, Fla . Stat . . agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768 . 28 , Fla. Stat. 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. ( 10) DEFAULT If any of the following events occur ('Events of Default" ), all obligations on the part of the Department to make further payment of funds shall, if the Department elects , terminate and the Department has the option to exercise any of its remedies set forth in Paragraph ( 11 ). However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or Rev 07/31 /2009 Page 5 perform any of the obligations , terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. ( 11 ) REMEDIES If an Event of Default occurs, then the Department may , upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively : (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid , by registered or certified mail-return receipt requested, to the address set forth in paragraph ( 13 ) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds . (e) Exercise any corrective or remedial actions, to include but not be limited to : 1 . request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2 . issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3 . advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4 . require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity . If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. Rev 07/31 /2009 Page 6 ( 12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include 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 . (b ) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined . ( 13 ) 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 Division contract manager for this Agreement is : Deborah de la O, Grant Manager Department of Community Affairs, Division of Housing and Community Development, Small Cities Community Development/ Neighborhood Stabilization Program, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 Telephone: ( 850) 922- 1791 Fax: ( 850) 922-5609 Email : Deborah.delao@dca. state .fl .us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is : Mr. Wesley S . Davis, Chairman Indian River County 1801 27h Street Vero Beach, FL 32960 Telephone: (772 ) 2264254 Fax: (772) 978A806 Email : none available Rev 07/31 /2009 Page 7 (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 provided as stated in ( 13 )(a) above . ( 14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) 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. The Recipient shall document in the monthly report the subcontractor' s progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288 . 703 , Fla. Stat. ( 15 ) TERMS AND CONDITIONS This 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 . (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency . (c) This Agreement has the following attachments (check all that are applicable) : ® Exhibit 1 - Funding Sources ® Attachment A — Budget and Scope of Work ® Attachment B — Program Statutes and Regulations ❑ Attachment C — Recordkeeping (N/A) ® Attachment D — Reports ❑ Attachment E — Justification of Advance (N/A) ® Attachment F — Warranties and Representations ® Attachment G — Certification Regarding Debarment ❑ Attachment H — Statement of Assurances (N/A) ® Attachment I — Activity Work Plans ® Attachment J — Program and Special Conditions ® Attachment K — Signature Authorization Form ( 17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $4,680,825 . 00, subject to the availability of fiords. Rev 07/31 /2009 Page 8 (b) Any advance payment under this Agreement is subject to Section 216. 181 ( 16), Fla. Stat. , and is contingent upon the Recipients acceptance of the rights of the Department under Paragraph ( 12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the fust three (3 ) months of the contract term . Any advance payment is also subject to federal OMB Circulars A-87, A- 110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E . Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. ❑ An advance payment is requested in the amount of $0. 00 . (check and complete if applicable) (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed . The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph ( 19)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department . ( 18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address : Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215 . 34(2), Fla . Stat. if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($ 15 .00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. ( 19) MANDATED CONDITIONS (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 later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty 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 be in the Circuit Court of Leon County . If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable , then the provision shall be null and Rev 07/31 /2009 Page 9 void to the extent of the conflict, and shall be severable , but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This 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 seg . and the Florida Civil Rights and Fair Housing Acts (sections 760. 01 — 760 . 37, Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications . (f) A person or organization 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 $25 ,000 . 00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, 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 5-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 19(g)2 . of this certification; and 4 . have not within a 5-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed " Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion " (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. Rev 07/31 /2009 Page 10 (h) 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. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j ) Any bills for travel expenses shall be submitted in accordance with Section 112 .061 , Fla . Stat. (k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Fla . Stat. , which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department' s obligation to pay the contract amount. (m) 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 by the 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. (n) The Recipient is subject to Florida ' s Government in the Sunshine Law ( Section 286. 011 , Fla. Stat) with respect to the meetings of the Recipient ' s governing board or the meetings of any subcommittee making recommendations to the governing board . All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla . Stat. (o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U . S . C . 10a , unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under 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 Recipient, 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. Rev 07/31 /2009 Page 11 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 Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying. " 3 . The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation 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 . (21 ) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA . ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise . (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name . Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida . If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating 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 accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. Rev 07/31 /2009 Page 12 (23 ) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H . Rev 07/31 /2009 Page 13 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE Contract Number : IOD13 4X= 10-40-01 -F 13 IN WITNESS WfIEREOF, the parties have executed this Agreement by their duly au orized officers on The day, month and year set forth below. , 1 RECIPIE f �A DEP ME OFC TY AFFAIRS By : — ``—ate 8 � 1i / 09 B Date : f (Authorized Signature) u on ed Signature) Wesley S . Davi S _ Typ a Janice Browni (Print Namc) Title : Chairman Title : Director, Division of ousing and Community Development Federal Tax ID# 59 - 6000674 DUNS# ©7q goo q 8 / Rev 07/31 /2009 Page 14 EXHIBIT — I THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT : Florida Small Cities Community Development Block Grant Program Federal agency U. S . Department of Housing and Urban Development Catalog of Federal Domestic Assistance title : Community Development Block Grants/State' s Program and Nonentitlement Grants Catalog of Federal Domestic Assistance M 14 . 228 Award amount : [� /� ��( g p 5, THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT : Compliance Requirement Program 1, The Recipient willfully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement, the subgrant application incorporated herein by reference, 24 C. F. R, Subpart 1, Sections 570. 480 — 570. 497, the Housing and Economic Recovery Act of 2008 (HERA), the State of Florida 2008 Substantial Amendment, and Federal Register Notice Numbers 5255-N- 01 and 5255-NO2. 2 . The Recipient shall be governed by Rule Chapter 9B- 76, F. A . Co and federal laws, rules and regulations, including but not limited to those identified in Attachments B and J. Rev 07/31 /2009 Page 15 Attachment A Scope of Work and Budget Rev 07/31 /2009 Page 16 ATTACHMENT A : PROJECT BUDGET AND ACCOMPLISHMENTS NSP STRATEGY 1 : Housing Acquisition/Rehabilitation of homes for sale to individuals and families with incomes less than 120 percent of AMI ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % to 81 % to NSP $ OTHER $ SOURCE(S) # NUMBER AMI 80% 120% and AMI AMI below 21B ENGINEERING 01 Acquisition Housing Unit 10 2 8 11450,000. 00 0 02 Disposition 05 Public Services for housing counseling Family 10 2 8 51000. 00 0 08 Relocation 13 Homeownership Assistance 14A Rehabilitation — Single Family Housing Unit 10 2 8 6467264.50 0 14BRehabilitation — Multi Family TOTALS 10 2 8 211012264 . 50 0 ATTACHMENT A : PROJECT BUDGET AND ACCOMPLISHMENTS NSP STRATEGY 2 : Housing Finance ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % to 81 % to NSP OTHERS SOURCE(S) # NUMBER AMI 80% 120% $ and AMI AMI below 13 Homeownership Assistance (including Administrative Expenses -Necessary to Family 10 2 8 160,000 .00 0 Facilitate Homeownership) Totals 10 2 8 160,000 .00 0 ATTACHMENT A : PROJECT BUDGET AND ACCOMPLISHMENTS NSP STRATEGY 5 : Housing Acquisition/Rehabilitation of homes for lease to individuals and families with incomes less than 120 percent of AMI. This page must include funds set-aside for individuals and families with incomes less than 50 percent of AMI. ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % 81 % tT Total NSP $ for REGULARN OTHERS SOURCE(S) # NUMBER AMI to 120 % activities that will SP $ and 80% AMI benefit persons at or below AMI below 50% AMI 21B ENGINEERING 01 Acquisition Housing Unit 10 5 5 0 7501000. 00 7007000.00 0 14A Rehabilitation — Single Housing Family Unit 10 5 5 0 3327282 . 00 3187982 . 50 0 14B Rehabilitation — Multi Family 02 Disposition 08 Relocation Totals Housing Unit 10 5 5 0 1 ,0822282 .00 11018,982 . 50 0 ATTACHMENT A : ACTIVITY AND BUDGET SUMMARY SUMMARY OF ALL ACTIVITIES This form must reflect the summary of all activities to be undertaken as well as administrative costs ( not to exceed 6 . 8% of the allocation) . Project delivery administrative costs should be included in the activity budget (not the Administration line item). For example, all costs related to the specific acquisition of a residential property should be included in the acquisition budget. ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % 81 % to Total NSP $ for REGULAR OTHER $ SOURCE(S) # NUMBER AMI to 120% activities that NSP $ and 80% AMI will benefit below AMI persons at or 21A ADMINISTRATION below 50% AMI 3187296 .00 0 21B ENGINEERING 01 Acquisition Housing Unit 20 5 7 8 75000 .00 2, 150,000 .00 0 14A Rehabilitation — Single Housing Family Unit 20 5 7 8 332 ,282 . 00 965 ,247.00 0 14B Rehabilitation — Multi Family 02 Disposition 05 Public Services for Housing Counsel5 in Family 8 0 2 8 ,000.00 0 08 Relocation 13 Homeownership Assistance (including Administrative Expenses Housing 10 to Facilitate Unit 0 2 8 160,000 .00 0 Homeownership) 04 Clearance and Remediation Totals 130827282 . 00 3 , 598 , 543 . 00 0 4 Attachment B 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 : Section I : State and Federal Statutes and Regulations 1 , Community Development Block Grant, Final Rule , 24 34 . Flood Disaster Protection Act of 1973 , P. L . 92.234; C . F. R . , Part 570 .602 ; 35. Protection of Historic and Cultural Properties under 2. Florida Small and Minority Business Act, s . 288 .702- HUD Programs, 24 CFR Part 59; 288 .714 , F .S . ; 36. Coastal Zone Management Act of 1972 , P. L. 92-583 ; 3, Florida Coastal Zone Protection Act, s . 161 .52- 161 .58, 37 . Architectural and Construction Standards ; F .S . ; 38 , Architectural Barriers Act of 1968 , 42 U .S .C . 4151 ; 4 , Local Government Comprehensive Planning and Land 39 . Executive Order 11296 , relating to evaluation of flood Development Regulation Act, Ch , 163, F. S. ; hazards ; 5 . Title I of the Housing and Community Development Act 40 , Executive Order 11288 , relating to prevention , control of 1974 , as amended and abatement of water pollution ; 6 . Treasury Circular 1075 regarding drawdown of NSP 41 . Cost-Effective Energy Conservation Standards , 24 funds CFR Part 39; 7. Sections 290 . 0401 -290.049 , F. S . ; 42 , Section 8 Existing Housing Quality Standards , 24 CFR 8. Rule Chapter 96-76, Fla . Admin . Code . ; Part 882 ; 9. Department of Community Affairs Technical 43 . Coastal Barrier Resource Act of 1982 ; Memorandums ; 44 . Federal Fair Labor Standards Act, 29 U . S .C . , s. 201 at. 10 . HUD Circular Memorandums applicable to the Small seq . ; Cities CDBG Program ; 45 , Title VI of the Civil Rights Act of 1964 - Non- 11 Single Audit Act of 1984 ; discrimination ; 12 . National Environmental Policy Act of 1969 and other 46 . Title VII of the Civil Rights Act of 1968 - Non- provisions of law which further the purpose of this Act; discrimination in housing ; 13 . National Historic Preservation Act of 1966 (Public 47 . Age Discrimination Act of 1975; Law89-665) as amended and Protection of Historic 48 , Executive Order 12892- Fair Housing Properties (24 CFR Part 800) ; 49 , Section 109 of the Housing and Community 14 . Preservation of Archaeological and Historical Data Act Development Act of 1974, Non-discrimination ; of 1966; 50. Section 504 of the Rehabilitation Act of 1973 and 24 15 . Executive Order 11593 - Protection and Enhancement CFR Part 8; of Cultural Environment; 51 , Executive Order 11063 - Equal Opportunity in 16 . Reservoir Salvage Act; Housing ; 17 , Safe Drinking Water Act of 1974, as amended ; 52 . Executive Order 11246 - Non -discrimination ; 18 , Endangered Species Act of 1958, as amended ; 53 . Section 3 of the Housing and Urban Development Act 19 , Executive Order 12898 - Environmental Justice of 1968, as amended - Employment/Training of Lower 20 , Executive Order 11988 and 24 CFR Part 55 - Income Residents and Local Business Contracting ; Floodplain Management; 54 , Uniform Relocation Assistance and Real Property 21 , The Federal Water Pollution Control Act of 1972 , as Acquisition Policies Act of 1970 , P. L . , 100- 17 , and 49 amended (33 U . S .C . , s. 1251 et. seq ) ; CFR Part 24; 22 , Executive Order 11990 • Protection of Wetlands ; 55 , Copeland Anti- Kickback Act of 1934 ; 23 , Coastal Zone Management Act of 1968, as amended ; 56 . Hatch Act; 24 . Wild and Scenic Rivers Act of 1968, as amended ; 57 . Title IV Lead- Based Paint Poisoning Prevention Act 25 . Clean Air Act of 1977; (42 U . S .C . , s. 1251 at. seq .) ; 26 . HUD Environmental Standards (24 CFR Part 58); 58 . OMB Circulars A-87 , A- 102 , A-122 , and A- 133 , as 27 . Farmland Protection Policy Act of 1981 ; revised ; 28 . Clean Water Act of 1977 ; 59, Administrative Requirements for Grants , 24 CFR Part 29 . Davis — Bacon Wage Rate Act; 85; 30 . Contract Work Hours and Safety Standards Act of 60 . Section 102 of the Department of Housing and Urban 1962 , 40 U . S . C . s . 327 at, seq . ; Development Reform Act of 1989 and 24 CFR Part 12 . 31 , The Wildlife Coordination Act of 1958, as amended ; 61 . Title III of Division B of the Housing Recovery and 32 . The Solid Waste Disposal Act, as amended by the Economic Act of 2008 (HERA) , P. L. 110-289, Resource Conservation and Recovery Act of 1975 (42 62 . Approved State of Florida 2008 Action Plan U . S .C . , s . 6901 et. seq ) ; Substantial Amendment , 33 , Noise Abatement and Control : Departmental Policy 63 , Federal Register Notice Numbers 5255-N -01 and Implementation , Responsibilities , and Standards , 24 5255- N-O2 . CFR Part 51 , Subpart B; Page 17 Attachment C Recordkeeping Not Applicable 18 Attachment D Reports The following reports must be completed and submitted to the Department in the time frame indicated . Failure to timely file these reports constitutes an event of default, as defined in Paragraph ( 10) of this Agreement. 1 . The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually . The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity ", 2 . A Monthly Progress Report must be submitted to the Department fifteen ( 15 ) days after the end of the month on the report form provided by the Department. The report is due on the 15`h of the following month . 3 . The Administrative Closeout Package must be submitted to the Department forty -five (45 ) days after the Agreement termination date . 4 . In accordance with OMB Circular A- 133 , revised, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with OMB Circular A- 133 and submitted to the Department no later than nine (9) months from the end of the Recipient ' s fiscal year. 5 . The Section 3 Summary Report must be completed and submitted to the Department by July 31 annually . The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements . 19 Attachment E Justification of Advance Payment Not Applicable 20 Documentl Attachment F Warranties and Representations Financial Mana ement Recipient' s financial management system must include the following : ( 1 ) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities . These records shall contain information pertaining to grant awards, authorizations , obligations , unobligated balances, assets , outlays , income and interest. (3 ) Effective control over and accountability for all funds , property and other assets . Recipient shall safeguard all assets and assure that they are used solely for authorized purposes . (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5 ) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. 21 Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications , requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements . Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors . Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient . Any and all bids or offers may be rejected when it is in the Recipient's interest to do so . Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts . No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family , his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees , and agents of the Recipient shall neither solicit nor accept gratuities, favors , or anything of monetary value from contractors or parties to subcontracts . The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers , employees, or agents of the Recipient . 22 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable rimes for business . "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 . Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 23 Attachment G iY }r r �r t`P i� s4i`y �" , '��A 3 t?• �, f" ." "G 'f eN w:ral IIIr r kw. ¢ s Ff ,� y' ,ri`. JI "¢N01 rp , p r r R^ *N�f t g �f� �'Aa° u�`�sp .r"'�j� ' � � "w ." k ✓ a u e £ frixvtwyM s ,oaf �Yk�x' Subcontractor Covered Transactions ( 1 ) The prospective subcontractor of the Recipient, , certifies , by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency . (2) Where the Contractor' s subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. ( Sub- Contractor ' s Name) (Recipient ' s Name) Date : (Authorized Signature) 1 ODB-4X- 10 -4O-01 -F 13 (Print Name and Title) (DCA Contract Number) ( Street Address ) (City , State, Zip) 24 Attachment H Statement of Assurances Not Applicable 25 Attachment I Activity Work Plans 26 NEIGHBORHOOD STABILIZATION PROGRAM /CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River County DATE PREPARED August 5 , 2009 CONTRACT NO . 10DB -4X- 10 =40-01 - F13 ACTIVITY BUDGET $ 2 , 101 , 264. 50 - Strategy 1 Date Start Date End Describe Proposed Action to be Undertaken or # Units to be Proposed Proposed Proposed ( month & ( month & Contract Special Condition completed by Regular NSP Public Services Rehabilitation year) year) Clearance Documentation " Date End" Acquisition Housing Single Family to be submitted by " Date End" $$ to be Counseling Regular NSP Requested by Regular NSP $$ to be " Date End " $$ to be Requested by Requested by " Date End " " Date End " Complete Environmental Review, Submit Request Aug 2009 Oct 2009 for Release of Funds & Environmental Conditions & 0 0 . 00 0 . 00 0 . 00 Obtain Release of Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0 . 00 0 . 00 Solicit for, Select and Contract with Companies to Sept 2009 Nov 2009 Carry Out Due Diligence Elements (Appraisals , Title 0 0 . 00 0 . 00 0 . 00 Searches , Mold Inspections, etc . . Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option 0 $ 100 , 000 . 00 0 . 00 0 . 00 Contracts Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers 0 0. 00 0 . 00 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals, Title Searches , 0 0 . 00 0 . 00 0 . 00 Mold Inspections , etc. ) on Properties Jan 2010 Mar 2010 Acquire Properties from REO's 0 $ 11350 , 00 . 00 0 . 00 0 . 00 Prepare Work Write-ups , Bid Out Renovations , Feb 2010 Apr 2010 Award and Execute Renovation Contracts , Issue 0 0. 00 0 . 00 $ 30 , 000 . 00 NTP to Renovation Contractors Mar 2010 June 2010 Renovate Properties 0 0 . 00 0 . 00 $ 515 , 000 . 00 Mar 2010 July 2010 Homebuyers complete required counseling course 0 0 . 00 $ 51000 . 00 0. 00 April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 . 00 0 . 00 $ 1011264 . 50 Sell properties to qualified homebuyers 10 Housing May 2010 Aug2010 units 0 . 00 0 . 00 0 . 00 Sept 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00 0 . 00 0 . 00 Note : More than one activity may be included per form . ( Rev. Aug 2004 ) NEIGHBORHOOD STABILIZATION PROGRAM/CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River County DATE PREPARED August S . 2009 CONTRACT NO . 10D13-4X-1040 -01 -F13 ACTIVITY BUDGET $ 160 , 000 . 00 — Strategy 2 Date Start Date End Describe Proposed Action to be Undertaken or Contract Special # Units to be Proposed ( month & ( month & Condition completed by Homeownership year) year) Clearance Documentation " Date End " Assistance Regular to be submitted by " Date End" NSP $$ to be Requested b " Date End " Aug 2009 Oct 2009 Complete Environmental Review, Submit Request for Release of 0 0 . 00 Funds & Environmental Conditions & Obtain Release of Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 Solicit for, Select and Contract with Companies to Carry Out Due Sept 2009 Nov 2009 Diligence Elements (Appraisals , Title Searches , Mold Inspections , 0 0 . 00 etc . Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 0 . 00 Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers 0 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals, Title Searches , Mold 0 Inspections , etc. on Properties 0. 00 Jan 2010 Mar 2010 Acquire Properties from REO's 0 0. 00 Feb 2010 A r 2010 Prepare Work Write- ups , Bid Out Renovations, Award and Execute 0 p Renovation Contracts , Issue NTP to Renovation Contractors 0. 00 Mar 2010 June 2010 Renovate Properties 0 0. 00 Mar 2010 July 2010 Homebuyers complete required counseling course 0 0 . 00 April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0. 00 Sell properties to qualified homebuyers 10 Housing $ 160 , 000 . 00 May 2010 Au 2010 Units Se t 2010 I Oct 2010 1 Submit Administrative Closeout 0 0 . 00 Note : More than one activity may be included per form . ( Rev. Aug 2004) NEIGHBORHOOD STABILIZATION PROGRAM/CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River County DATE PREPARED August 5 , 2009 CONTRACT NO . 101364X4040 -01 -F13 ACTIVITY BUDGET $ $2 , 101 . 264. 500 — Strategy 5 Page 1 of 2 Date Start Date End Describe Proposed Action to be Undertaken or Contract Special # Units to be Proposed Proposed ( month & ( month & Condition completed by Acquisition Rehabilitation year) year) Clearance Documentation " Date End" NSPLI Single Family to be submitted by " Date End " $$ to be NSPLI $$ to be Requested by Requested by " Date End" " Date End" Complete Environmental Review, Submit Request for Release Aug 2009 Oct 2009 of Funds & Environmental Conditions & Obtain Release of 0 0 . 00 0 . 00 Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0. 00 Solicit for, Select and Contract with Companies to Carry Out Sept 2009 Nov 2009 Due Diligence Elements (Appraisals , Title Searches , Mold 0 0 . 00 0. 00 Inspections, etc. . Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 $ 201000. 00 0. 00 Oct 2009 Dec 2009 Solicit for, Select and Qualify Tenants 0 0 . 00 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches , Mold 0 $ 30 , 000 . 00 0 . 00 Inspections, etc. . on Properties Jan 2010 Mar 2010 Acquire Properties from REO ' s 0 $ 700 , 000 . 00 0. 00 Prepare Work Write-ups, Bid Out Renovations , Award and Feb 2010 Apr 2010 Execute Renovation Contracts , Issue NTP to Renovation 0 0. 00 $ 107000 . 00 Contractors Mar 2010 June 2010 Renovate Properties 0 0. 00 $ 2351000. 00 April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 . 00 $ 87 , 282 . 00 Lease properties to qualified tenants 10 Housing 0 . 00 0 . 00 May 2010 Aug2010 Units Sept 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00 0 . 00 Note : More than one activity may be included per form . ( Rev. Aug 2004) NEIGHBORHOOD STABILIZATION PROGRAM/CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River County DATE PREPARED August 5 . 2009 CONTRACT NO , 10DB4X- 10 -40-01 -F13 ACTIVITY BUDGET $ $ 2, 101 , 264. 50 — Strategy 5 Page 2 of 2 Date Start Date End Describe Proposed Action to be Undertaken or Contract Special # Units to be Proposed Proposed ( month & ( month & Condition year) year) Clearance Documentation completed by Acquisition Rehabilitation " Date End " Regular NSP Single Family to be submitted by " Date End" $$ to be Regular NSP Requested by $$ to be " Date End" Requested by " Date End" Complete Environmental Review, Submit Request for Release Aug 2009 Oct 2009 of Funds & Environmental Conditions & Obtain Release of 0 0. 00 0 . 00 Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0. 00 0 . 00 Solicit for, Select and Contract with Companies to Carry Out Sept 2009 Nov 2009 Due Diligence Elements (Appraisals , Title Searches , Mold 0 0 . 00 0 . 00 Inspections , etc. . Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 $ 20, 000 . 00 0 . 00 Oct 2009 Dec 2009 Solicit for, Select and Qualify Tenants 0 0. 00 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches , Mold Inspections , etc. . ) on Properties 0 $ 307000. 00 0. 00 Jan 2010 Mar 2010 Acquire Properties from REO 's 0 $ 650, 000. 00 0. 00 Prepare Work Write-ups, Bid Out Renovations , Award and Feb 2010 Apr 2010 Execute Renovation Contracts , Issue NTP to Renovation 0 0. 00 $ 10, 000. 00 Contractors Mar 2010 June 2010 Renovate Properties 0 0 . 00 $ 230 , 000 . 00 April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 . 00 $ 78 , 982 . 50 Lease properties to qualified tenants 10 Housing May 2010 Aug2010 Units 0 . 00 0 . 00 Sept 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00 0 . 00 Note : More than one activity may be included per form . 7� ( Rev. Aug 2004) NEIGHBORHOOD STABILIZATION PROGRAM/CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River County DATE PREPARED August 5 , 2009 CONTRACT NO . 101313 4X-10-40-01 -F13 ACTIVITY BUDGET $ $4, 680 , 825 . 00 — Summary Pg 1 of 3 Date Start Date End Describe Proposed Action to be Undertaken or # Units to be Proposed Proposed Proposed ( month & (month & Contract Special Condition completed by Administration Acquisition Acquisition year) year) Clearance Documentation " Date End" Regular NSP NSPLI $$ to Regular NSP $$ to be submitted by " Date End " $$ to be be Requested to be Requested Requested by by " Date End " by " Date End" " Date End" Complete Environmental Review, Submit Request Aug 2009 Oct 2009 for Release of Funds & Environmental Conditions & 0 0 . 00 0 . 00 0 . 00 Obtain Release of Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0 . 00 0 . 00 Solicit for, Select and Contract with Companies to Sept 2009 Nov 2009 Carry Out Due Diligence Elements (Appraisals , Title 0 $ 301000 . 00 0 . 00 0. 00 Searches , Mold Inspections , etc. . Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option 0 Contracts $ 40, 000. 00 $ 20, 000 . 00 $ 120 , 00. 00 Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers & Tenants 0 0 . 00 0 . 00 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals, Title Searches , 0 0 . 00 $ 30 , 000. 00 $ 30, 000 . 00 Mold Inspections , etc. . ) on Properties Jan 2010 Mar 2010 Acquire Properties from REO's 0 0 . 00 $ 700 , 000 . 00 $ 21000, 000 . 00 Prepare Work Write-ups, Bid Out Renovations, Feb 2010 Apr 2010 Award and Execute Renovation Contracts , Issue 0 $ 30 , 000. 00 0 . 00 0 . 00 NTP to Renovation Contractors Mar 2010 June 2010 Renovate Properties 0 $ 50 , 000 . 00 0 . 00 0. 00 Mar 2010 July 2010 Homebuyers complete required counseling course 0 0 . 00 0 . 00 0 . 00 A ril 2010 Jul 2010 Final Inspection 1 Punchlist / Construction Com tete 0 $ 30 , 000 . 00 0 . 00 0 . 00 Sell properties to qualified homebuyers, Lease 20 Housing May 2010 Aug2010 Properties to Qualified Tenants Units $ 57 , 296. 00 0 . 00 0 . 00 Sept 2010 Oct 2010 Submit Administrative Closeout 0 $ 81 , 000 . . 00 0 . 00 0 . 00 Note: More than one activity may be included per form . ( Rev. Aug 2004) NEIGHBORHOOD STABILIZATION PROGRAM/CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River County DATE PREPARED August 5 . 2009 CONTRACT NO . 10D13 4X= 10-40-01mF13 ACTIVITY BUDGET $ $4, 680 , 825 .00 - Summary Pg 2 of 3 Date Start Date End Describe Proposed Action to be Undertaken or # Units to be Proposed Proposed Proposed Public (month & ( month & Contract Special Condition completed by Rehabilitation Rehabilitation Services year) year) Clearance Documentation " Date End" Single Family Single Family Housing to be submitted by " Date End " NSPLI $$ to Regular NSP $$ Counseling be Requested to be Requested Regular NSP $$ by " Date End " by " Date End " to be Requested Complete Environmental Review, Submit Request b " Date End" Aug 2009 Oct 2009 for Release of Funds & Environmental Conditions 0 0 . 00 0 . 00 0. 00 & Obtain Release of Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0 . 00 0 . 00 Solicit for, Select and Contract with Companies to Sept 2009 Nov 2009 Carry Out Due Diligence (Appraisals , Title 0 0 . 00 0 . 00 0 . 00 Searches , Mold Inspections , etc. .) Elements Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 0 . 00 0. 00 0 . 00 Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers & Tenants 0 0 . 00 0 . 00 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title. . 0 0 . 00 0 . 00 0 . 00 Searches , Mold Inspections , etcon Properties Jan 2010 Mar 2010 Acquire Properties from REO's 0 0 . 00 0. 00 0. 00 Prepare Work Write-ups, Bid Out Renovations , Feb 2010 Apr 2010 Award and Execute Renovation Contracts , Issue 0 $ 10 , 000 . 00 $ 401000 . 00 0 . 00 NTP to Renovation Contractors Mar 2010 June 2010 Renovate Properties 0 $ 235 , 000 . 00 $ 745 , 000. 00 0 . 00 Mar 2010 July 2010 Homebuyers complete required counseling course 0 0 . 00 0 . 00 $ 5 , 000 . 00 April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 $ 87 , 282 . 00 $ 180 , 247. 00 0 . 00 Sell properties to qualified homebuyers, Lease 20 Housing 0 . 00 0 . 00 0 . 00 May 2010 Aug2010 Properties to Qualified Tenants Units Sept 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00 :::700 0 . 00 Note : More than one activity may be included per form . (Rev. Aug 2004 ) NEIGHBORHOOD STABILIZATION PROGRAM/CDBG DEPARTMENT OF COMMUNITY AFFAIRS ACTIVITY WORK PLAN RECIPIENT Indian River Countv DATE PREPARED August 5 , 2009 CONTRACT NO . 10136 -4X-10-40=01 -F13 ACTIVITY BUDGET $ $4,680 , 825. 00 — Summary Pq 3 of 3 Date Start Date End Describe Proposed Action to be Undertaken or Contract Special Condition # Units to be Proposed ( month & ( month & Clearance Documentation completed by Homeownership year) year) to be submitted by " Date End " " Date End" Assistance Regular NSP $$ to be Requested by " Date End" Aug 2009 Oct 2009 Complete Environmental Review, Submit Request for Release of Funds & 0 0 . 00 Environmental Conditions & Obtain Release of Funds Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0. 00 Sept 2009 Nov 2009 Solicit for, Select and Contract with Companies to Carry Out Due Diligence 0 0 . 00 (Appraisals, Title Searches , Mold Inspections , etc. . Elements Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 0 . 00 Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers & Tenants 0 0 . 00 Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches, Mold Inspections , etc. . ) on 0 0. 00 Properties Jan 2010 Mar 2010 Acquire Properties from REO' s 0 0 . 00 Feb 2010 Apr 2010 Prepare Work Write-ups , Bid Out Renovations , Award and Execute 0 0. 00 Renovation Contracts , Issue NTP to Renovation Contractors Mar 2010 June 2010 Renovate Properties 0 0. 00 April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 . 00 Sell properties to qualified homebuyers, Lease Properties to Qualified Tenants 20 Housing $ 160, 000 . 00 May 2010 Aug2010 Units Se t 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00 Note : More than one activity may be included per form . ( Rev. Aug 2004) Attachment J Program and Special Conditions 1 . The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget/activity line items as defined on Attachment A (Budget) and Attachment I (Work Plans) . 2. If necessary , the Recipient shall retain sufficient administration funds to ensure Internet access, including email , for the duration of the Agreement, including any time extensions . If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of Internet access , administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow Internet access . 3 . No costs may be incurred prior to the effective date of this Agreement, except for those eligible application preparation costs outlined in the original Subgrant Application submitted to the Department, unless pre-agreement costs were approved in writing. 4. For each professional services contract for which NSP funding will be requested, the Recipient shall submit a gppy of the following procurement documents : a. Public notice of the request for proposals , including an affidavit of publication; b . List of entities to whom a notification of the request for proposals was provided by mail or fax (if applicable) ; C, For engineering contracts , a list of firms that submitted a proposal (only if short-listing procedure was used) ; d . Completed short4isting evaluation/ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the Recipient (only if short-listing procedure used) ; e . Completed and signed final evaluation/ranking forms ; f. Recipient minutes approving 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) ; 27 i . Truth -in-Negotiation certification (if not in the contract) for engineering contracts over $ 150 , 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 $25 , 000 . Additionally, the Recipient shall not enter into a contract to be paid with NSP funds based on a sole source or single proposal procurement without prior written approval from the Department. Failure to secure prior written approval shall relieve the Department of any obligation to fund said contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient. 1 . If a regional planning council or local government is performing services , the Recipient shall submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not be undertaken, advise the Department in writing no later than ninety days from the effective date. 4 . Prior to the obligation or disbursement of any funds , except for administrative expenses not to exceed fifty thousand dollars ($ 50, 000) , no later than ninety days from the effective date of this Agreement, the Recipient shall complete the following : a. The documentation required in paragraph 3 above for any professional services contract. b . Comply with procedures set forth in 24 CFR Part 58 , Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 CFR Sections 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 . 5 , The Recipient shall obtain approval from the Department prior to requesting NSP funds for engineering activities and costs which are additional engineering as defined in Rule Chapter 91346, Florida Administrative Code . 6 . Should the Recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice 28 to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals , offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable . The documentation shall be submitted prior to completing the acquisition (closing) so that the Department can determine whether remedial action may be needed . This program condition shall remain in effect until the Recipient is released by the Department through written notification . T The Recipient will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 , as amended (42 U . S . C . 4601 ), and implementing regulations at 49 CFR Part 24, except as those provisions are modified by the Notice for the NSP program published by HUD . NSP requires an exception to the Uniform Relocation Act and purchase price requirements under CDBG regulations . URA requires that sellers of property acquired with CDBG funds be paid an amount equal to the appraised value of the property . Properties receiving NSP funds must be purchased at a price which is at least 1 % less than the current appraised value of the property . An appraisal by the purchasing entity is required and must have been done within 60 days of any offer. All other URA requirements, including relocation , continue to apply . 8 . If applicable, the Recipient shall , prior to the disbursement of any NSP administrative funds exceeding $ 50, 000 . , provide to the Department a copy of all engineering specifications and construction plans , if required, for the activities described in the Agreement. The Recipient shall also furnish to the Department, prior to soliciting bids or proposals , a copy of bid documents for services and/or materials to provide those services and/or materials for construction activities when the bids are expected to exceed $25 , 000 . Additionally, the Recipient shall not publish any request for bids for construction purposes or distribute bid packages until the Department has provided its written acceptance of the engineering specifications, construction plans , and bid documents . 9 . The Recipient shall affirmatively further fair housing, which means that it shall conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 CFR 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 Agreement to the date of submission of the administrative closeout package. - 10 . The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with NSP funds for a period of five (5 ) years . 29 11 . Any interest in real property (excluding easements ) which is assisted, acquired or improved with NSP funds shall be subject, at a minimum, to the affordability requirements of 24 CFR Sections 252 and 254 . The restrictive covenants shall be recorded in the public records of the county where the real property is located, and shall be enforceable with respect to the real property for the entire period of affordability . This restriction shall limit the use of that real property to the use stated in the Sub-grant Application . Any future disposition of that real property shall be in accordance with 24 CFR Section 85 . 31 . Any future change of use shall be in accordance with 24 CFR Section 570. 4890 ) . 12 . The activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35 , subparts A, B , J, K, and R. For structures constructed prior to 1978 , the Recipient shall require that appropriate abatement procedures will be undertaken if lead-based paint is found on a structure scheduled for rehabilitation in whole or in part with NSP funds and that the owners and/or occupants of the building will be advised : a. The property may contain lead- based paint; b . The hazards of lead-based paint; c. The symptoms and treatment of lead poisoning; d . The precautions to be taken to avoid lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards) ; e. The need for and availability of blood lead-level screening for children under seven years of age; and 13 . The Recipient shall comply with the historic preservation requirements of 24 CFR 58 . 17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings . 14 . Pursuant to Section 102(b), Public Law 101 -235 , 42 U . S . C . Section 3545 , 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. The Recipient must disclose : a. All developers , contractors , consultants , and engineers involved in the application or in the planning, development, or implementation of the project or NSP funded activity ; and b . Any person or entity that has a financial interest in the project or activity that exceeds $ 50, 000 or ten percent ( 10%) of the grant, whichever is less . 30 15 . A final Form HUD 2880, if required, 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. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR 570 . 489 (8) . Conflicts of interest relating to acquisition or disposition of real property ; NSP financial assistance to beneficiaries , businesses , or other third parties ; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 CFR. 570. 489 (h) . 17 , The Recipient shall take photographs or video of all activity locations prior to initiating any NSP-assisted activity . As the construction progresses, additional photography or videography shall document the ongoing improvements . Upon completion of construction, final documentation of the activity locations will be provided to the Department with the administrative closeout package . 18 . 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. 19 . The Recipient warrants that it possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements . 20 . The Recipient shall comply with section 3 of the Housing and Urban Development Act of 1968 ( 12 U. S . C . 1701u), and implementing regulations at 24 CFR Part 135 , 21 . The Recipient will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. All funds allocated to assist the NSP Low-Income (NSPLI) target population must be used to provide rental housing for those individuals and families whose incomes do not exceed 50 percent of area median income. 22 . The Recipient will not attempt to recover any capital costs of public improvements assisted with CDBG funds , including Section 108 loan guaranteed funds, by assessing such costs against properties owned and occupied by persons of low- or moderate-income. No fee may be charged or assessed as a condition of obtaining access to such public improvements . However, if NSP funds are used to pay the portion of a fee or assessment attributable to the capital costs of public improvements assisted in part with NSP funds or financed from other revenue 31 sources , an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds , In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families , an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment . 23 . The Recipient certifies that it has adopted and is enforcing : ( 1 ) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations ; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non -violent civil rights demonstrations within its jurisdiction . 24 . The NSP grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U . S . C . 2000d), the Fair Housing Act (42 U . S . C . 3601 -3619) , and implementing regulations . 25 . The Recipient acknowledges and agrees to comply with the requirement that all purchases of foreclosed or abandoned property must be purchased at a price which is at least 1 % below appraised value for individual purchase transactions , with the appraisal being conducted within 60 days of the final offer to the purchase being made. Mitigation of fraud , waste and abuse 26 . Recipient shall warrant and assure that no entity receiving NSP funds has been convicted of a State or Federal felony crime involving fraud, bribery , theft, misrepresentation of material fact, misappropriation of funds , or similar criminal offenses within ten years preceding execution of this Agreement. 27 . Recipient shall warrant and assure that no entity receiving NSP funding has defaulted on any obligation covered by a surety or performance bond, or been the subject of a claim under an employee fidelity bond . 28 . Recipient shall warrant and assure that no developer (non-profit or for-profit) receiving NSP funds has defaulted on a mortgage or had a mortgage foreclosed during the five years preceding the date of execution of this Agreement. 32 29 . Recipient shall warrant and assure that no entity receiving NSP funds has unresolved findings that were raised as a result of any Department or HUD audit, management review, or other government investigation concerning the entity , its developments, or contracts. 30 . Recipient shall warrant and assure that no entity receiving NSP funds has been in breach of any agreement relating to construction, rehabilitation, use, operation, management, or disposition of real property, or had payments suspended or terminated under any state or federal assistance contract . 31 . The Department reserves the right to require the Recipient to contract with a third party management or accounting entity to audit any or all real estate and financial transactions involving NSP funds . Use of Third Party Entities 1 . Before disbursing any NSP funds to any entity , the Recipient must enter into a written agreement with that entity . Before disbursing any NSP funds to any entity , the Recipient must either directly or indirectly oversee the execution of written agreements with that entity , including sub-recipients, contractors, and property owners , that ensure the proper use of funds and compliance with applicable regulations . Sub-recipients must also enter into , or oversee the execution of, written agreements with or between any contractors, property owners , or other entities , prior to disbursing NSP funds . 2. The Recipient shall monitor the day -to-day operations of sub-recipient activities to assure compliance with applicable Federal requirements and performance goals . Recipient monitoring must cover each NSP strategy , function, or activity . Housing Rehabilitation Standards 1 . The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting in the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973 . This documentation must address, at a minimum, elevation requirements , erosion, and water, sewage, or septic tank requirements . Each structure located within a floodplain that is rehabilitated to any extent with NSP funds shall be insured under the National Flood Insurance Program until at least submission of the administrative closeout package. 2 . The Recipient must comply with the NSP Housing Assistance Plan (HAP) that was provided to the Department as part of the application process . The Recipient agrees that this Housing Assistance Plan will be followed unless waived by the local governing body and approved by the Department. Department approval is required for HAP revisions made after application deadline. 33 3 . Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors who are properly licensed by the State of Florida, Department of Business and Professional Regulation and any local government agency responsible for oversight. 5 . Change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or her representative, the contractor and a representative of the local government prior to initiation of work based on that change order. 6 . To document completion of construction, each housing unit case file shall contain the following information : a. A statement from the contractor that all items on the initial work write-up and those modified through change orders are complete; b . An acknowledgment that the housing unit meets the applicable local code and Section 8 Housing Quality Standards, signed and dated by the local building inspector or the local government ' s housing rehabilitation specialist; c . A signed statement by the housing unit owner or his or her representative that the work has been completed based on the work write- up and change orders . Should all requirements be fulfilled and the homeowner or their representative refuse to acknowledge completion of the work, the housing unit case file shall be documented with a statement detailing the stated reason for said refusal ; 7 . Recipients are responsible for verifying and maintaining documentation verifying that households receiving direct benefit, in the form of hook-ups to potable water and/or sewage collection lines , meet program requirements regarding the low-, moderate- and middle income national objective. The filing system must be maintained locally and at a minimum contain the following : a. The name of the owner, the address of the property , and family size; b . The method and source of how household income was verified ; c. Documentation that reflects the income of the household is below NSP income limits based on family size; d . The method and source of home ownership was verified with official documentation; and, 34 e. An acceptable written agreement with the owner(s) as to affordability and subsequent rate increase, if rental property is involved . The information must be maintained for review and verification during on-site monitoring visits ; and, 8 . The following data will be provided by housing unit as part of the administrative closeout for each NSP activity providing direct benefit (i . e . down payment assistance, temporary relocation, rehabilitation , etc. ) and summarized by activity and submitted with the administrative closeout package : a. Address of each housing unit acquired and/or rehabilitated with NSP funds , the date the construction or sale was completed on the housing unit, and the amount of NSP funds spent on that housing unit; b . Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household, and the LMMI status of the household; C, The number of occupants in the household, categorized by gender; and d The racial demographics of the household by number (white, black, Hispanic, Asian/Pacific Islander. Hasidic Jew or American Indian/Alaskan native. 35 Attachment K Signature Authorization Form 36 Attachment K Department of Community Affairs Neighborhood Stabilization Program Florida Small Cities Community Development Block Grant (CDBG ) Program Cot .....Recipient ........... ... .. .._..... ................ .._......_...__.. ......__.._ _ _Submit an oS�GN��CURE AUHoOtYRITY FormFORM Submitcontract ZQQ9 oval Government nm __3�.....2..� _._..........__...... ent DUNS Number Indian River County 10DB-4X40-40-01 - 1`13 079208989 Mailing Address (Street or Post Office Box) -....--.._._.....-_.__.._._.._......_....._..__.__... ! 180127th Street _.. ....._.._ ........__.._......._._......_._.................. ............_.............................._.... .. j City, State and Zip Code Vero- Beach , Florida 32960-3388 ... .... ..... . _ ... - _ - _ . .. _ . . --- - - - - . . . ........................b..................................... ........... ._.. ......._-.................................................. . ...... . ..... ...... . . . ._. ...� Project Contact Person Telephone # j 772) 226 1254 ............... ......__..._._. . _ .... .............................................. ............_............._......._._.-- --._.. .................._.._...... ......__ .__._.....__...i Robert M . Keating, Community Development Director E-mail Address ...... . ......................_...... ..._bkeatinaircgov com ......... ............... .. .........._............_.. .. . .........._......_._..._ .__..........-..................._...._...._._.__. Financial Contact Person Telephone # 772 226- 1205 _. ....... ..........__........._..._....................__...._...... ................. .................. ._............._....... ......................._............................_........................ __. Diane Bernardo - Finance Director E-mail Address id_bernardo@clerk. indian-r_ive_ r. or Requests for Funds ( RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] one signature [ ] two 1 signatures of individuals authorized below. No more than two individuals can be authorized to use Florida PAPERS. CDBG contracts require that at least one ( 1) RFFs must be submitted each quarter and should reflect all expenditures incurred Burin4that reporting period - --..... .... - _ ___._ _-- _ .-.--. . __._. __. _. .............. Typed Name Da Si atur Robert M . Keatin Community Dev Director �, � .-_-__..... ._........ ._..._ __ . --- .7.9 . .. o _.�... __ [ X ] Check here if the above person will be the E-mai Ad ess designated FloridaPAPERS user. bkeat1111.11.11.. ing@ircgov.com _ Typed Name Date I Signature ...... .. _.. __............. _ . . . .. . .. .. _. .... .. ...._ .... .. ... . ._ 1. . ._ .. . . .. ... .... . . . .. ... . .... ... .. .. _.. . ... _ . _ .. [ J Check here if the above person will be the E- mail Address i designated FloridaPAPERS user. . ._. ._ . ... ...... ........__ . . _ . -_. .. .. .. ...... .._.......__..... ............ . .. ....... _...... ...... _. _....- .. ............. _... . .. . .. .... ........ . . . __ ...... Typed Name Date I Signature j l i [ ] Check here if the above person will be the E-mail Address designated FloridaPAPERS user. _ _ -- - - - - - - — __ _ _ _.... ... ._... _ _ .. . _ .._......... .. .... __ . _. _._. -......__ _.._ ..._. .... ._.. _.. . -- ......_ ._...... - I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for Funds and to submit RFF's electronically to the Small Cities Community Development Block Grant Program using FloridaPAPERS . ....... .........._._......._.... .......................... ... .. ... __....._..__........._._..........................._--..._ ...._...._._..__.. ...._.._. .... ...._..__......../. ......._ ... ......_........... _._..............._...... . ...__._ .. _ .................. ....; Typed Name I Date vi�; Ik Wesl.ey._S . Davis, BCC..Chairman.............-- --- ._._.._ fAU.gust._...1.$-,.........20 ._.... .... .... ......_....._......................._D.. ...._.._..... ... .. ...... _... _. . ...... . .. ...[X] Check here if your local government utilizes Electronic Funds Transfer ( EFT) Sc a of Florida . j j [X] Check here if your local government will be working on a reimbursement basis. [ ] If this signature authority form pertains to a housing grant, check here if your local government will use an escrow account for housing. activities_ __ ........... .............. _._ _ __. .....__............__.___....__...._..._.._....__- _._.._.._....__.._.._._...._......_..... ..__...__._ CDBG payments to local governments using EFrare automatically deposited in the local government's general account. If the account is interest bearing, the CDBG funds must be transferred to a non- interest bearing account. Please call the CDBG i Program at 850/922- 1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's website : http : //flair. dbf. state .fl . us/ . ...... ...... . ..._ ...............__.. ._..........._.........._....._.......__...._....._...._._............................. ...._ _. . _ . _ -- ....... ... ....._..............._.............._..__.._.__......... ....__....._.._................_..........__ ................ . ... .- ._.........__ ......... Local . . governmen is not receivin g EFT, and not working on a reimbursement basis, must establish a non - interest bearing account. Provide account information for the financial institution ( insured by FDIC) below . All signatures on the account must be bonded . Name of Financial Institution 1 Account Number RBC Bank 053100850-7680027195 ...._.. ._................_._................---...... ...........__._ .................__._.. ... -............_......._...... ........................ ...---- ---- . .._.._ _._..._._......._.._......._. ._........_................_..._... .. __........-- ---..........._...._ - - -._...-............_......... ................................._.. Street Address or Post Office Boxf T Number elephone Nu be ;.. .. 1417 Centura �FplwaHighway. ._....__.............. --...._... __....__...................................................... ......._ _.(......(252) 454-3557._or..@ 0) 226- 5985............ -- City, State and Zip Code _ - Rocky Mount, NC 27802 EXHIBIT C =FEE SCHEDULE FROM BID FORM 0(0omj � BID FORM #2 f Bidder Atlantic Coastal Title Corporation (Bidder ' s Name) hereafter called " CONTRACTOR" , hereby submits TO : INDIAN RIVER County Purchasing Division 1800 27th Street Vero Beach, Florida 32960 Project: Indian River County Bid # 2009047 Project Name : Neighborhood Stabilization Program CDBG Housing Acquisition Services Indian River County, Florida Bid : Title and Closing Services The Bidder, having carefully and to its full satisfaction examined the Contract Documents , for that Project known as : Neighborhood Stabilization Program CDBG Housing Acquisition Services and being familiar with all of the conditions surrounding the proposed Work, hereby proposes to furnish and pay for all related labor, equipment, materials, supplies , services , and fees , required fully to complete all Work for the Project in accordance with all requirements of the Contract Documents , and to complete the Work in accordance with the Contract Documents , within the time set forth therein and at the prices stated in this Bid Form. Proposed Contract Sum per title search : Base Bid Amount of. Forty Five Dollars ($ 45 . 00 ) Base Bid Price Written Proposed Contract Sum per closing : Base Bid Amount of: One Hundred Dollars ($ 100 . 00 ) Base Bid Price Written Proposed Contract Sum per title insurance policy : Base Bid Amount of. Promulgated Rate See Rate Structure Addendum # 1 ( $ See Addendum ) Base Bid Price Written Page 22 of 39 f,. / !ri Rate Structure Addendum # 1 690486. 003 Title Insurance Rates. The following are risk rate premiums to be charged by title insurers in this state for the respective types of title insurance contracts . To compute any insurance premium on a fractional thousand of insurance (except as to minimum premiums) , multiply such fractional thousand by the rate per thousand applicable, considering any fraction of $ 100 . 00 as a full $ 100. 00 . ( 1 ) Original Title Insurance Rates . ( a) For owner and leasehold title insurance : l . a . The Premium for the original owner 's or for leasehold insurance shall be: i Per Thousand Minimum Insurer Retention From $ 0 to $ 100 ,000 of liability written $5 . 75 30% From $ 100 , 000 to $ 1 million , add $ 5 . 00 30% Over $ 1 million to and up to $ 5 million , add $ 2 . 50 35 % Over $ 5 million and up to $ 10 million, add $ 2 . 25 40% Over $ 10 million, add $2 . 00 40% EXHIBIT D INSURANCE REQUIREMENTS CONTRACTOR must provide OWNER with proof that it has insurance as follows : a . Workers ' Compensation — to meet statutory limits in compliance with the Workers ' Compensation Law of Florida . This policy must include Employer Liability with a limit of $ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit ) and $ 100 , 000 disease ( each employee ) . b . Commercial General Liabilitv — coverage shall provide minimum limits of liability of $ 500 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : ■ Premises/Operations ■ Products/Complete Operations ■ Contractual Liability ■ Independent Contractors c . Business Auto Liability — coverage shall provide minimum limits of liability of $ 500 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for : ■ Owned Autos ■ Hired Autos ■ Non - Owned Autos The required insurance shall be evidenced by delivery to the County of 1 ) certificates of insurance executed by the insurers listing coverages and limits , expiration dates and terms of policies and all endorsements whether or not required by the County , and listing all carriers issuing such policies ; and 2 ) upon request , a certified copy of each policy , including all endorsements . The insurance requirements shall remain in effect throughout the term of this Agreement . Each insurance policy shall include the following conditions by endorsement to the policy : 1 . . Contractor shall also notify County , in a like manner , within twenty-four ( 24 ) hours after receipt , of any notices of expiration , cancellation , nonrenewal , or material change in coverage received by Contractor from its insurer ; and nothing contained herein shall absolve Contractor of this requirement to provide notice . 2 . Companies issuing the insurance policy , or policies , shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor . 3 . The term " County" or " Indian River County" shall include all Authorities , Boards , Bureaus , Commissions , Divisions , Departments , and Offices of County and individual members , employees thereof in their official capacities , and/or while acting on behalf of Indian River County . 4 . Indian River County Board of County Commissioners shall be endorsed to the required policy or policies as an additional named insured . 5 . The policy clause " Other Insurance " shall not apply to any insurance coverage currently held by County to any such future coverage , or to County' s self- insured retention of whatever nature . County hereby waives subrogation rights for loss or damage against the County . EXHIBIT E LOBBYING CERTIFICATION Contractor acknowledges/certifies as follows : A . Lobbying Restrictions ( 1 ) No funds or other resources received from DEPARTMENT under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency . ( 2 ) Contractor certifies by its signature to this Agreement that , to the best of its knowledge and belief: i . No Federal appropriated funds have been paid or will be paid , by or on behalf of Contractor , 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 ; ii . 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 , it will complete and submit Standard Form - LLL , " Disclosure Form to Report Lobbying " . iii . Contractor shall require that this certification be included in the award documents for all sub -awards at all tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) and that all subcontractors shall certify and disclose accordingly . This certification is a material representation 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 , United States 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 . / Contractor ( Company ) Name : ,jdossyvue_ aa as An6p . 1 Signature of Authorized Representative : *40 Printed name : . JasoK /N Date : s&9� 2 ai a F :\Community Development\CDBG\2008 NSP\Contracts\Bidders\FINAL CONTRACTSNS Word Versions\Group # I \Bid #2 - Atlantic Coast Title professional services agreement. doc