HomeMy WebLinkAbout2009-273B a o5 - T3
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
DEVELOPER' S AGREEMENT
BETWEEN
INDIAN RIVER COUNTY
AND
TREASURE COAST HOMELESS SERVICES COUNCIL , INC .
FOR
PURCHASE , REHABILITATION , AND RENTAL OF
FORECLOSED PROPERTIES TO INDIVIDUALS AND
FAMILIES WITH INCOMES NOT EXCEEDING 120 PERCENT
OF THE AREA MEDIAN INCOME
2010
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Table of Contents
Page
Article I Project Description 4
Article II Disbursements 4
Article III Recordkeeping 4
Article IV Reporting 5
Article V Audit requirements 6
Article IV Monitoring 9
Article VII Agreement Period and Termination 9
Article VIII Indemnification 12
Article IX Procedures for Invoicing and Payment 12
Article X Subcontracts 13
Article XI Implementation and Timetable 13
Article XII Other Provisions 14
Article XIII Copyright, Patent and Trademarks 22
Article XIV Notices 23
Article XV Modification 23
Article XVI Assurances 24
Article XVII Financial Responsibility 25
Article XVIII Evaluation and Monitoring 26
Article XIX Uniform Administrative Requirements 26
Article XX Non-Governmental Agencies 27
Article XXI Conflict of Interest 28
Article XXII Other Federal Requirements 28
Article XXIII General Provisions 28
Article XXIV Insurance and Bond 29
Appendix A Scope of Services 31
Appendix B Schedule of Primary Tasks and Responsibilities 35
Appendix C State and Federal Statutes , Regulations and Program
Conditions 42
Appendix D Certification Regarding Debarment, Ineligibility and
Voluntary Exclusion 43
Appendix E Justification for Developer' s Fee 44
Appendix F Budget 45
Appendix G Developer' s Payment Schedule 46
Appendix H Addendums to the Developer' s Agreement 47
Appendix I Pro-forma for 30%, 50%, and 80% AMI from Treasure
Coast Homeless Services Council , Inc . 48
Appendix J Reimbursement Request 55
Appendix K Invoice Sheet 56
Appendix L Monthly Status Report 57
Appendix M Sample Monitoring Instrument 58
Appendix N Reports Required By DCA for the NSP Program 59
Appendix O Timetable 60
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DEVELOPER' S AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND
TREASURE COAST HOMELESS SERVICES COUNCIL, INC.
This Agreement is made and entered in this / 5� day of/4020 10, by and between the
Board of County Commissioners of Indian River County, a Political Subdivision of the State of
Florida, hereafter referred to as "COUNTY", and the Treasure Coast Homeless Services Council,
Inc. a Local Nonprofit Housing Organization, hereafter referred to as "DEVELOPER"
WITNESSETH :
WHEREAS , COUNTY has been awarded a Neighborhood Stabilization Program
Community Development Block Grant (CDBG) Contract # 10DB4X- 10 -40-01 -1713 , from the
Department of Community Affairs (DCA), hereafter referred to as "DEPARTMENT", which
provides for the purchase, rehabilitation, administration, and sale of foreclosed properties to
eligible very low, low and moderate income families; and
WHEREAS , said Grant allows COUNTY to contract with local nonprofit housing
organizations to administer and implement projects that are eligible for Neighborhood
Stabilization Program CDBG funding ; and
WHEREAS , it is in the best interest of COUNTY to enter into a special Agreement with
DEVELOPER for the implementation of a portion of said Grant; and
WHEREAS , DEVELOPER meets NSP solicitation requirements that DEVELOPER have
at least five years experience providing rental housing to eligible very low, low and moderate
income families ; and
WHEREAS , COUNTY wishes to engage the services of DEVELOPER to implement a
portion of the Neighborhood Stabilization Program Community Development Block Grant for
purchase, rehabilitation, and rental of foreclosed properties ; and
WHEREAS , on April 13 , 2009, the County issued a Request for Proposals (RFP) for
qualified housing developers to purchase foreclosed and/or abandoned residential units in Indian
River County, maintain the housing units during rehabilitation, obtain sufficient information
from applicants to allow the County to qualify potential tenants , and maintain and manage the
rental of the affordable housing units in compliance with all the rules required by NSP 1 and
administered by the State of Florida's NSPl Substantial Amendment; and
WHEREAS , on May 6, 2009, two (2) applications were received in response to the RFP,
but only the application from Developer was deemed responsive to carry out the purchase,
rehabilitation, and rental activity; and
WHEREAS , DEVELOPER has agreed to utilize up to $2 , 101 ,264 . 50 in Neighborhood
Stabilization Program CDBG funds to acquire, rehabilitate, and accept title to and manage the
rental of a minimum of ten housing units ; and
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WHEREAS , DEVELOPER has agreed that $ 1 ,082,282 . 00 of the proposed activity must
benefit households with household incomes not exceeding 50 percent of the Area Median
Income and $ 1 ,018 ,982 . 50 of the proposed activity must benefit households with household
incomes not exceeding 120 percent or the Area Median Income; and
WHEREAS, this Agreement is contingent upon the award of Neighborhood Stabilization
Program Community Development Block Funds from DEPARTMENT.
NOW THEREFORE, in consideration of the mutual promises and covenants, the parties agree as
follows:
ARTICLE I — PROJECT DESCRIPTION
Li DEVELOPER agrees to implement the Scope of Services described in detail in Appendix
A & B .
ARTICLE II — DISBURSEMENTS
2 . 1 COUNTY agrees to coordinate with DEVELOPER to expend no more than
$2, 101 ,264 . 50 in Neighborhood Stabilization Program Community Development Block
Grant (CDBG) funds, as outlined in Appendix F, Budget
ARTICLE III — RECORDKEEPING
3 . 1 As applicable, DEVELOPERS 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 . A410 , " Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations, " and either OMB Circular No . A47, "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 . "
3 . 2 DEVELOPER 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, described in
Section V of this Agreement, is issued, and shall allow DEPARTMENT or its designee ,
the State Chief Financial Officer or the State Auditor General, access to the records upon
request. DEVELOPER shall ensure that audit working papers are available to
DEPARTMENT or its designee, the State Chief Financial Officer or the State Auditor
General, upon request for a period of six years from the date the audit report is issued,
unless extended in writing by DEPARTMENT. The six year period may be extended for
the following exceptions :
a. 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 .
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b . 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.
c. Records relating to real property acquired shall be retained for six years after the
closing on the transfer of title.
3 . 3 DEVELOPER shall maintain all records for DEVELOPER and for all subcontractors or
consultants who contract with the DEVELOPER for goods or services which are to be
paid through the DEVELOPER 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 Scope of Services - Appendix A and the Budget -
Appendix F and all other applicable laws and regulations .
3 .4 DEVELOPER, its employees or agents, including all subcontractors or consultants who
contract with the DEVELOPER for goods or services which are to be paid through the
DEVELOPER from funds provided under this Agreement, shall allow access to its
records related to all funds provided under this Agreement at reasonable times to
DEPARTMENT, its employees, and agents. "Reasonable" shall ordinarily mean during
the normal business hours of 8 : 00 am . to 5 : 00 p.m . , local time, on Monday through
Friday . " Agents " shall include, but not be limited to, auditors retained by
DEPARTMENT and/or COUNTY.
ARTICLE IV — REPORTING
4 . 1 DEVELOPER shall provide COUNTY with monthly reports, during the period the DCA
NSP Agreement is opened. The reports shall include information on all activities for
which DEVELOPER is receiving funding. The reports shall include a narrative summary
of progress and a financial statement on DEVELOPER expenditures for which
DEVELOPER has contracted and the vendor has not received payment or DEVELOPER
has not received reimbursement for payment to the vendor from the County during the
reporting period. Reports may be submitted on the report form attached to this
Agreement, Appendix K, or on another format containing the same information as found
in Appendix K. Reports are due on the fifth day of each month, unless on an otherwise
agreed upon schedule, and shall begin on the effective date of this Agreement and
continue until all information concerning the project has been received by COUNTY for
close-out.
4 . 2 DEVELOPER shall provide the Indian River Community Development Department with
additional program information as requested.
4 . 3 The grant close-out report is due to COUNTY 30 days after termination of this
Agreement or 30 days after completion of the strategies contained in this Agreement ,
whichever first occurs .
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4 .4 If all required reports and copies are not submitted to COUNTY or are not completed in a
manner acceptable to COUNTY, COUNTY may withhold further payments until they are
completed or may take other action as stated in Paragraph 7 .2-B REMEDIES .
" Acceptable to COUNTY" means that the work product was completed in accordance
with the Appendix A, Scope of Services, and Appendix F, Budget.
4. 5 DEVELOPER shall provide additional program updates or information that may be
required by DEPARTMENT and/or COUNTY .
4 . 6 DEVELOPER shall provide additional reporting information required to complete the
reports identified in Appendices J, K, and L.
4 . 7 DEVELOPER shall submit to COUNTY complete financial accounting for the funds
expended by DEVELOPER and reimbursed by COUNTY on the project. Such financial
accounting shall be submitted to COUNTY within thirty (30) calendar days after
completion of the project and receipt of DEVELOPER' s final payment for the grant.
4 . 8 DEVELOPER shall submit to the COUNTY on an annual basis a pro forma and a tenant
income verification form for each property acquired by the DEVELOPER utilizing NSP
funding .
ARTICLE V - AUDIT REQUIREMENTS
5 . 1 DEVELOPER 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.
5 . 2 These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by DEPARTMENT and/or COUNTY.
"Reasonable " shall ordinarily mean normal business hours of 8 : 00 a.m. to 5 : 00 p.m. , local
time, Monday through Friday .
5 . 3 DEVELOPER shall provide DEPARTMENT and/or COUNTY with the records, reports
or financial statements upon request for the purposes of auditing and monitoring the
funds awarded under this Agreement.
5 .4 If DEVELOPER is a State or local government, a non-profit organization or a Local
Authority as defined in OMB Circular A433 , as revised, and in the event that
DEVELOPER expends $ 500,000 or more in Federal awards in its fiscal year,
DEVELOPER must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A433 , as revised. Appendix F to this Agreement
shows the Federal resources awarded through DEPARTMENT by this Agreement . In
determining the Federal awards expended in its fiscal year, DEVELOPER shall consider
all sources of Federal awards, including Federal resources received from
DEPARTMENT . The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMB Circular A433 , as revised. An
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audit of DEVELOPER conducted by the Auditor General in accordance with the
provisions of OMB Circular A- 133 , as revised, will meet the requirements of this
paragraph.
In connection with the audit requirements addressed in this Article, DEVELOPER shall
fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB
Circular A- 133 , as revised.
If DEVELOPER 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 DEVELOPER 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.
5 .5 DEVELOPER shall send copies of reporting packages for audits conducted in accordance
with OMB Circular A- 133 , as revised, and required by Article 5 .4 above, when required
by Section . 320 (d), OMB Circular A- 133 , as revised, by or on behalf of the COUNTY
to :
COUNTY at the following address :
Indian River County
Community Development Department
1801 27th Street
Vero Beach, Florida 32960
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
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
DEVELOPER shall send the Single Audit reporting package and Form SF- SAC to the Federal
Audit Clearinghouse by submission online at :
h= ://harvester. census . gov/fac/collect/ddeindex .htTnl
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And to any other Federal agencies and pass-through entities in accordance with Sections . 320(e)
and (f), OMB Circular A- 133 , as revised
5 .6 Pursuant to Section . 320 (f), OMB Circular A433 , as revised, DEVELOPER shall send a
copy of the reporting package described in Section .320 (c), OMB Circular A433 , as
revised, and any management letter issued by the auditor, to DEPARTMENT at 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
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
5 . 7 By the date due, DEVELOPER shall send any reports, management letter, or other
information required to be submitted to DEPARTMENT and COUNTY 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.
5 . 8 DEVELOPER shall state the date that the reporting package was delivered to
DEVELOPER when submitting financial reporting packages to DEPARTMENT and
COUNTY 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,
5 . 9 If the audit shows that all or any portion of the funds disbursed by DEVELOPER were
not spent in accordance with the conditions of this Agreement, DEVELOPER shall be
held liable for reimbursement to COUNTY of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty days after COUNTY
has notified DEVELOPER of such non-compliance .
5 . 10 DEVELOPER 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 DEPARTMENT and
COUNTY no later than nine months from the end of DEVELOPER' s fiscal year.
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ARTICLE VI MONITORING
DEVELOPER 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 strategy, activity, and use included in Appendix F to
this Agreement, and reported in the monthly report.
In addition to reviews of audits conducted in accordance with Article (5), above, monitoring
procedures may include, but not be limited to, on-site visits by DEPARTMENT staff or
COUNTY staff, limited scope audits, and/or other procedures . DEVELOPER agrees to comply
and cooperate with any monitoring procedures/processes deemed appropriate by
DEPARTMENT and/or COUNTY. In the event that DEPARTMENT and/or COUNTY
determines that a limited scope audit of DEVELOPER is appropriate, DEVELOPER agrees to
comply with any additional instructions provided by DEPARTMENT and/or COUNTY to
DEVELOPER regarding such audit. DEVELOPER 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, DEPARTMENT and/or COUNTY will
monitor the performance and financial management by DEVELOPER throughout the contract
term to ensure timely completion of all tasks .
ARTICLE VII — AGREEMENT PERIOD AND TERMINATION
7 . 1 Period of Agreement
This Agreement shall take effect upon execution by both parties, and shall end upon
termination of the Agreement between COUNTY and DEPARTMENT for NSP Program
Contract # 10DB4X40-40-01 -F13 , unless terminated earlier in accordance with the
provisions of Paragraph (7 . 2) below.
7. 2 SUSPENSION AND TERMINATION FOR CONVENIENCE :
A . If DEVELOPER should materially fail to comply with any term of the award,
suspension or termination may occur in accordance with 24 CFR 85 .43 and in
accordance with 24 CFR 85 .44 . In the event that funds are not provided to
COUNTY by DEPARTMENT, then COUNTY may terminate this Agreement
immediately.
B . Remedies for Non-compliance : If DEVELOPER materially fails to comply with
any term of an award whether stated in a Federal Statute or regulation, an
assurance, in a state plan or application, a notice of award, or elsewhere,
COUNTY may take one ( 1 ) or more of the following actions as appropriate in the
circumstances :
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I . Temporarily withhold cash payments pending correction of the deficiency
by DEVELOPER.
2 . Disallow (that is to deny both use of funds and matching credit) all or part
of the cost of the activity or action not in compliance.
3 . Wholly or partly suspend or terminate the current award for
DEVELOPER' s program.
4 . Withhold further awards for the Program.
5 . Take other remedies that may be legally available
C . Hearings Appeals: In taking an enforcement action, COUNTY will provide
DEVELOPER an opportunity for such hearing appeal or other administrative
proceeding to which COUNTY or DEVELOPER is entitled to under any statute
or regulation applicable to the action involved.
D . Efforts of Suspension and Termination: Costs resulting from obligations incurred
by DEVELOPER clearing a suspension after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the nature of
suspension or termination or subsequently. Other DEVELOPER costs during
suspension or after termination which are necessary and not reasonably avoidable
are allowable if:
1 . The costs result from obligations which were properly incurred by
DEVELOPER before the effective date of suspension or termination are
not in anticipation of it and in case of termination are non-cancelable; and
2 . The costs would be allowable if the award was not suspended or expired
normally at the end of the funding period in which the termination takes
effect.
E . Relationship to Debarment and Suspension: The enforcement remedies identified
in this section, including suspension and termination, do not preclude
DEVELOPER from being subject to "Debarment and Suspension" under
Executive Order 12549 (see 24 CFR 85 . 35) ,
F . Termination for Convenience : Except as provided above, awards may be
terminated in whole or in part only as follows :
1 . By COUNTY with the consent of DEVELOPER, in which case the two
parties shall agree upon the termination condition including the effective
date and in case of partial termination the portion to be terminated; or
2 . By DEVELOPER, upon written notification to COUNTY setting forth the
reasons for such termination, the effective date, and in case of partial
termination, the portion to be terminated . If, in the case of a partial
termination, COUNTY determines that the remaining portion of the award
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will not accomplish the purposes for which the award was made,
COUNTY may terminate the award in its entirety.
7. 3 COUNTY may issue a Stop Work Order to DEVELOPER which will halt all work on the
project in the event that the work is not being done according to Federal guidelines and
regulations, the assurances contained herein, or the provisions of this Agreement.
7.4 COUNTY reserves the right to terminate this contract upon written notification to
DEVELOPER under any of the following conditions :
a. Notification by DEPARTMENT to COUNTY that said project is ineligible
because of project location, services provided, or any other reason cited by
DEPARTMENT;
b . Notification by DEPARTMENT to COUNTY that said project is deficient and
that continued support of the project is not providing an adequate level of services
to low and moderate income households ; or
c . Written notification from DEPARTMENT to COUNTY that the program funds
made available to COUNTY are being curtailed, withdrawn, or otherwise
restricted.
7 . 5 COUNTY reserves the right to terminate this Agreement or to reduce the Agreement
compensation amount if DEVELOPER:
a. Fails to file required reports or to meet project progress or completion deadlines ;
b . Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85 .44 or 24 CFR
84 . 60) ;
c . Expends funds under this Agreement for ineligible activities, services or items;
d . Implements the project prior to notification from COUNTY that the federal
environmental review process has been completed;
e. Violates Labor Standards requirements ;
f. Fails to comply with written notice from COUNTY of substandard performance
under the terms of this Agreement; or
g. Utilizes NSP funds to assist any of DEVELOPER' S Board of Directors relatives .
7 . 6 DEVELOPER' s obligation to COUNTY shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to :
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances , program income balances , and accounts
receivable to COUNTY), and determining the custodianship of records . Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that DEVELOPER has control over Neighborhood Stabilization Program CDBG
funds, including program income .
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ARTICLE VIII — INDEMNIFICATION
8 . 1 DEVELOPER, in accordance with Section 768 . 28 , Florida Statutes, agrees to be fully
responsible for its negligent acts or omissions or intentional tortious acts which result in
claims or lawsuits against COUNTY, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Developer to which sovereign immunity applies .
Nothing herein shall be construed as consent by Indian River County, a state agency or a
subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract.
8 .2 Unless DEVELOPER is a State agency or subdivision, as defined in Section 768 .28 , Fla.
Stat. , DEVELOPER is solely responsible to parties it deals with in carrying out the terms
of this Agreement, and shall hold DEPARTMENT and COUNTY harmless against all
claims of whatever nature by third parties arising from the work performance under this
Agreement. For purposes of this Agreement, DEVELOPER agrees that it is not an
employee or agent of DEPARTMENT and/or COUNTY, but is an independent
contractor.
ARTICLE IX — PROCEDURES FOR INVOICING AND PAYMENT
9 . 1 DEVELOPER shall invoice COUNTY on the following basis :
DEVELOPER shall provide COUNTY with an executed original of any contracts ,
documents or subcontracts authorizing the work to be done on the project(s).
1 . If applicable, a request to subcontract work or services hereunder shall be
submitted in writing and shall be subject to each provision of this Agreement and
any contract shall be in accordance with County, State, and Federal guidelines and
regulations . A list of all subcontractors shall be provided to COUNTY . This in
no way relieves DEVELOPER from any other requirements of this Agreement.
Reimbursement requests shall include the certification included in Appendix I,
Invoice Sheet, in the absence of canceled checks for verification.
2 . None of the work or services, including but not limited to, the purchase of
housing units and/or the rehabilitation work activities covered by this Agreement,
shall be subcontracted or reimbursed without the prior written notice to
COUNTY .
3 . All purchase of housing units and rehabilitation work activities shall be made by
purchase order or by a written contract in conformity and in full compliance with
the procedures prescribed by 24 CFR 85 . 36 — Common Rule "Procurement
Standards", and included in 24 CFR 84 .4047 .
a. DEVELOPER shall provide COUNTY with project budget information,
including, but not limited to, pro forma and cash flow information for each
housing unit acquired.
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b. COUNTY agrees to make payment and reimburse all budgeted costs
available under Federal, State, and Countyguidelines .
c. Requests by DEVELOPER for payment shall be accompanied by proper
documentation and shall be submitted to COUNTY for approval no later
than thirty (30) days after the last date covered by the request.
d. As applicable, COUNTY will comply with Part VII, chapter 218 , F. S . , the
Florida Prompt Payment Act, or s . 215 .422, F. S ., warrants, vouchers and
invoices, when preparing reimbursement on accepted invoices.
e . For purposes of this section, copies of invoices, receipts, or other evidence
of indebtedness shall be considered proper documentation. Invoices shall
not be honored if received by COUNTY later than thirty (30) days after
expiration date of this Agreement.
f. COUNTY may withhold payment of reimbursement requests if monthly
reports are not current .
9 .2 Upon receiving the invoices, reports and other materials, COUNTY shall audit such bid
awards, contracts, reports and invoices to determine whether the items invoiced have
been completed and that the invoiced items are proper for payment.
9 . 3 Upon determination by COUNTY that the services or material invoiced have been
received or completed, COUNTY shall authorize payment to DEVELOPER in the
amount it determines pursuant to the audit to be payable.
ARTICLE X - SUBCONTRACTS
If DEVELOPER subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to COUNTY for review and approval before it is
executed by DEVELOPER. DEVELOPER 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
DEPARTMENT, COUNTY and DEVELOPER 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. DEVELOPER shall document in the monthly report the
subcontractor ' s progress in performing its work under this Agreement.
For each subcontract, DEVELOPER shall provide a written statement to COUNTY as to whether
that subcontractor is a minority vendor, as defined in Section 288 .703 , Fla. Stat.
ARTICLE XI — IMPLEMENTATION AND TIMETABLE
11 . 1 The parties expressly ratify the activities relating to this Agreement and adopt the terms
and conditions of this Agreement for all such activities beginning upon the execution of
this Agreement by both parties . DEVELOPER herein attests and certifies to COUNTY
that upon the execution of this Agreement by both parties, the effective date of this
Agreement, DEVELOPER will have all insurance coverage and limits as set forth by this
Agreement .
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11 .2 DEVELOPER agrees to implement the project(s) and comply with the Scope of Services
set forth in Appendix A and Timetable set forth in Appendix N.
ARTICLE XII — OTHER PROVISIONS
12 . 1 Equal Employment Opportunity
The following provisions "a" and "b" are applicable to all contracts and subcontracts ;
provisions "c" through "g" are applicable to all non-exempt construction contracts and
subcontracts which exceed $ 10,000 ;
During the performance of this contract, DEVELOPER agrees as follows :
a. DEVELOPER shall not discriminate against any applicant for purchase of
housing units or applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. DEVELOPER shall take
affirmative action to ensure that applicants who are employed are treated during
employment without regard to their race, color, creed, religion, sex, age,
handicap, disability, ancestry, or national origin. Such action shall include, but
not be limited to the following : employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship .
DEVELOPER agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
his nondiscrimination clause.
b. DEVELOPER will, in all solicitations or advertisement for applicants to qualify
for purchase of housing units, or employees placed by or on behalf of
DEVELOPER, state that all qualified applicants will receive consideration for
qualification or employment without regard to race, color, creed, religion, sex,
age, handicap, disability, ancestry, national origin, marital status, or any other
basis prohibited by applicable law.
c . DEVELOPER will send to each labor union or representative or workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers representatives of
DEVELOPER commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
d . DEVELOPER will comply with all provisions of Executive Order 11246, Equal
Employment Opportunity, of September 24, 1965 , as amended by Executive
Orders 11375 and 12086 , copies of which are on file and available at COUNTY,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. DEVELOPER will furnish all information and reports required by Executive
Order 11246 of September 24, 1965 , as amended, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to its
books, records, and accounts by DEPARTMENT, HUD and the Secretary of
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Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
f. In the event of DEVELOPER' s noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part, and
DEVELOPER may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September, 1965 , as amended, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965 , as amended, or as otherwise provided by law.
g. DEVELOPER will include the portion of the sentence immediately preceding
paragraph (a) and the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965, as amended, so that such provisions will be binding upon
each subcontractor or vendor. DEVELOPER will take such action with respect to
any subcontract or purchase order as DEPARTMENT or HUD may direct as a
means of enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a DEVELOPER becomes involved in, or is
threatened with, litigation withy a subcontractor or vendor as a result of such
direction by DCA or HUD , DEVELOPER may request the United States to enter
into such litigation to protect the interests of the United States .
12 .2 Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act of
1974 and in conformance with COUNTY policy and all requirements imposed by or
pursuant to the Regulations of HUD (24CFR Part 570 . 601 and 570 .602) issued pursuant
to Section 109, no person in the United States shall on the ground of race, color, creed,
religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under, any program or activity
funded in whole or in part with Community Development Block Grant Program funds .
Specific (not exclusive) Discrimination Actions Prohibited :
DEVELOPER may not directly or through contractual or other arrangements, on the
ground of race, color, creed, religion, ancestry, national origin, marital status, familial
status, age, handicap, disability, sex or any other basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other benefits provided under the
program or activity
b . Provide any facilities, services, financial aid, or other benefits which are different,
or are provided in a different form from that provided to others under the program
or activity
15
C, Subject segregated or separate treatment in any facility, or in any matter or
process related to receipt of any service or benefit under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services, financial aid or other
benefits under the program or activity.
e. Treat an individual differently from others in determining whether the individual
satisfies any admission, enrollment, eligibility, membership, or other requirement
or condition which the individual must meet in order to be provided any facilities,
services, or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to participate in a
program or activity as an employee.
12. 3 Business and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises
DEVELOPER will conform with the rules and regulations set forth under Section 3 of the
Housing and Urban Development Act of 1968 , ( 12 USC 1701u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135 . This Act requires that, to
the greatest extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by,
persons residing in the area of the project. In all solicitations for bids, the contractor
must, before signing the contract, provide a preliminary statement of the work force
needs and plans for possible training and employment of low income persons . When
DEVELOPER utilizes the bidding procedure to let a bid, the invitation or solicitation for
bids shall advise prospective contractors of the requirements of Section 3 of the Housing
and Urban Development Act of 1968 , as amended, and the clause shall be inserted as a
component part of any contract or subcontract.
If DEVELOPER solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders.
12 .4 Nondiscrimination in Federally-Assisted Programs
DEVELOPER will comply with Title VI of the Civil Rights Act of 1964 (PL 88 -352, 42
USC 2000d et seq .) and the Fair Housing Act (42 USC 3601 -20) . In accordance with
COUNTY policy and Title VI of the Civil Rights Act of 1964 (PL 88-352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color creed, religion, sex, handicap,
disability, ancestry, national origin, marital status, or familial status, in the sale, lease or
rental, or in the use or occupancy of such land or any improvements erected or to be
erected thereon. DEVELOPER will comply with Title VIII of the Civil Rights Act of
1968 (PL 90-284) as amended and will administer all programs and activities related to
housing and community development in a manner to affirmatively further fair housing.
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. . .. . .. . . . . . . . . . . ... . . . . ... .
12. 5 Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, DEVELOPER and all subcontractors engaged in
contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to journey workers . Under the
terms of the Davis-Bacon Act, as amended, DEVELOPER is required to pay all laborers
and mechanics employed on construction work wages at rates not less than those
prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of
the Contract Work Hours and Safety Standards Act (40 USC 327-332), and
DEVELOPER shall comply with all regulations issued pursuant these Acts and with
other applicable Federal laws and regulations pertaining to labor standards, including the
Copeland Anti-Kickback Act. Provided, that if wage rates higher than those required
under the regulations are imposed by State or local laws, nothing hereunder is intended to
relieve DEVELOPER of its obligation, if any, to require payment of the higher rates.
12 . 6 Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL 93 -234) . Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance in accordance with the requirements of Section
102(a) of said Act.
12 .7 Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts Which Exceed $ 100,000)
DEVELOPER shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto , at 40 CFR Part 15 , as amended from time to time .
12 . 8 Provision of the Hatch Act
Neither DEVELOPER' S program, nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5 ,
United States Code ,
12 . 9 Lead Based Paint
Any grants or loans made by DEVELOPER for the rehabilitation of residential structures
with assistance provided under this Agreement shall be made subject to the provisions for
17
the elimination of lead-based paint hazards under 24 CFR Part 35 . DEVELOPER will
comply with the requirements of 24 CFR 570 .608 for notification, inspection, testing, and
abatement procedures concerning lead-based paint. Such regulations require that all
owners, prospective owners, and tenants of properties constructed prior to 1978 be
properly noticed that such properties may contain lead based paint. Such notification
shall point out the hazards of lead based paint and explain the symptoms, treatment, and
precautions that should be taken when dealing with lead based paint poisoning.
12 . 10 Special Assessments
DEVELOPER will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such
public improvements, unless : ( 1 ) funds received under Section 106 of the Act are used to
pay the proportion of such fee or assessment that related to the capital costs of such
public improvements that are financed from revenue sources other than under Title 1 of
the Act; or (2) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income, the grantee certifies to the Secretary of HUD
that it lacks sufficient funds received under Section 106 of the Act to comply with the
requirements of subparagraph ( 1 ) .
12. 11 Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
DEVELOPER will comply with the ` INDIAN RIVER COUNTY RESIDENTIAL ANTI-
DISPLACEMENT AND RELOCATION ASSISTANCE POLICY UNDER SECTION
104 (d) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED . " DEVELOPER will conduct any acquisition, rehabilitation, or demolition
of real property, and any negotiations for acquisition, rehabilitation or demolition of real
property in compliance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the
implementing regulations at 49 CFR 24 and 24 CFR 570 . 606 . Unless specifically
permitted in Appendix A or Appendix F, DEVELOPER will not cause either temporary
or permanent involuntary displacement of any person or business as a result of
Community Development Block Grant activities. DEVELOPER shall provide all
notices, advisory assistance, relocation benefits, and replacement dwelling units as
required by the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at
49 CFR 24 and 24 CFR 570 . 606 . DEVELOPER hereby agrees to defend, to pay, and to
indemnify COUNTY from and against, any and all claims and liabilities for relocation
benefits or the provision of replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant to this Agreement.
12 . 12 Lobbying Restrictions
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(a) 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.
(b) DEVELOPER certifies by its signature to this Agreement that, to the best of its
knowledge and belief.
1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of
DEVELOPER, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement;
2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying".
3 ) DEVELOPER 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 .
12 . 13 Americans With Disabilities Act
DEVELOPER agrees to comply with the Americans With Disabilities Act (Public Law
101 -336, 42 U. S . C . Section 12101 et seg. , which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications .
12 . 14 Convicted Vendor List
A. 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
19
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.
B . Any DEVELOPER 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 five-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 five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
co If DEVELOPER is unable to certify to any of the statements in this certification,
then DEVELOPER shall attach an explanation to this Agreement.
In addition, DEVELOPER shall send to COUNTY (by email — bkeating@,ircgov. com or
by facsimile transmission (772) 978 = 1806) the completed "Certification Regarding
Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Appendix D) for each
intended subcontractor which Recipient plans to fund under this Agreement. Such form
must be received by COUNTY before DEVELOPER enters into a contract with any
subcontractor.
12 . 15 Legislative Appropriation
COUNTY ' 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.
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12 . 16 Submission of Bills
A All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof.
B Any bills for travel expenses shall be submitted in accordance with Section
112 . 061 , Fla. Stat,
C COUNTY reserves the right to unilaterally cancel this Agreement if
DEVELOPER refuses to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat. , which
DEVELOPER created or received under this Agreement.
12. 17 Interest Income
Any interest income shall either be returned to COUNTY for return to DEPARTMENT
or be applied against DEPARTMENT' s obligation to pay the contract amount.
12 . 18 Employment of Unauthorized Alien Workers
DEVELOPER 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")] . DEPARTMENT shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by DEVELOPER of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement
by DEPARTMENT.
12 . 19 Sunshine Law
DEVELOPER is subject to Florida' s Government in the Sunshine Law (Section 286 . 011 ,
Fla. Stat. ) with respect to the meetings of DEVELOPER' s governing board or the
meetings of any subcommittee making recommendations to the governing board, but only
concerning those portions of meetings in which discussions are held regarding this
Agreement or the Neighborhood Stabilization Program. 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.
12 .20 American Made
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 . I0a, unless it would not be in the public interest or
unreasonable in cost.
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12 . 21 Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and
enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted, or is no correctly inserted, then upon the application of either
party the Agreement shall forthwith be physically amended to make such insertion or
correction.
12.22 Provision Requiring DEVELOPER to maintain Internet Access
DEVELOPER shall ensure Internet access, including email, for the duration of the
Agreement, including any time extensions .
12 .23 Provision Requiring Annual Fair Housing Activity
DEVELOPER 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 to DEPARTMENT.
12 . 24 Mortgage Default Disclosure
DEVELOPER warrants and assures that it has not defaulted on a mortgage or had a
mortgage foreclosed during the five years preceding the date of execution of this
Agreement.
12 .25 Unresolved Findings Disclosure
DEVELOPER warrants and assures that it does not have any 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
12 .26 Previous Breach of Agreement
DEVELOPER warrants and assures that it has not nor has it 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.
ARTICLE XIII - COPYRIGHT, PATENT AND TRADEMARK
13 . 1 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
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. . . . ... . .. ... ..
under or in connection with the performance of this Agreement are hereby transferred by
the recipient to the State of Florida.
A. If DEVELOPER has a pre-existing patent or copyright, DEVELOPER shall retain
all rights and entitlements to that pre-existing patent or copyright unless this
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,
DEVELOPER shall refer the discovery or invention to COUNTY. COUNTY
shall refer the discovery or invention to 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 DEVELOPER shall notify
DEPARTMENT. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the DEVELOPER to the
State of Florida.
C. Within thirty days of execution of this Agreement, DEVELOPER 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.
DEVELOPER 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. DEPARTMENT shall then, under Paragraph 13 . 1 -B,
have the right to all patents and copyrights which accrue during performance of
this Agreement.
ARTICLE XIV - NOTICES
14 . 1 DEVELOPER and COUNTY agree that all notices required by this Agreement shall be
in writing and delivered by U . S . Mail, by messenger or personally delivered to the office
of the duly authorized representative of DEVELOPER or COUNTY as specified herein.
COUNTY: DEVELOPER:
Robert M. Keating, AICP Louise Hubbard, Executive Director
Community Development Director Treasure Coast Homeless Services Council,
Inc .
1801 27a' Avenue 2525 St. Lucie Avenue
Vero Beach, FL 32962 Vero Beach, FL 32960
ARTICLE XV — MODIFICATION
15 . 1 Any program modification requested by DEVELOPER must be requested at least ninety
(90) days prior to the end of the term of the Agreement between DEPARTMENT and
23
. .. . . . . . . . . .. . . . . . . .. . .
. .. . . .. . . . . _. . . . . . ... . . . . . . . .. . .
COUNTY. No modification to this Agreement shall be binding on either party unless in
writing and signed by both parties.
15 .2 DEVELOPER shall be notified in writing in advance of any modification, amendment, or
alteration to the funding allocation being considered by the Board of County
Commissioners . The approval of any modification, amendment, or alteration by the
Board of County Commissioners to the funding allocation shall constitute an official
amendment to this Agreement.
15 . 3 COUNTY may, at its discretion and upon provision of proper notice to DEVELOPER,
amend this Agreement to conform with changes in Federal, State, and/or COUNTY
guidelines, regulations, directives, and objectives. Such amendments shall be
incorporated by written amendment as a part of this Agreement.
ARTICLE XVI — ASSURANCES
16. 1 DEVELOPER agrees to comply with the provisions of Section 202, Executive Order
11246 and with the guidelines for applicants on equal opportunity obligations for
Community Development Block Grants in regard to construction contracts.
16 . 2 DEVELOPER agrees that it will comply with the following assurances:
a. DEVELOPER agrees to comply with all applicable Federal, State, and County
laws, ordinances, codes and regulations. Any conflict or inconsistency between
the above Federal, State or COUNTY guidelines and regulations and this
Agreement shall be resolved in favor of the more restrictive regulations .
b . In accordance with Title VI of the Civil Rights Act of 1964 (P. L . 88-352), no
person in the United States shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which
DEVELOPER receives Federal financial assistance.
Go In accordance with 24 CFR 570. 505 , property acquired or improved in whole or
in part using CDBG funds in excess of $25 ,000 . 00 must be used as intended from
the date CDBG funds are first spent until five (5 ) years after the closeout of
COUNTY' S participation in the CDBG Program. Any transfer of the property or
structure shall also be bound .
d . If applicable, DEVELOPER shall inform affected persons of the benefits,
policies, and procedures provided for under HUD regulations.
e . DEVELOPER shall establish safeguards to prohibit employees or members of
their board from using positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties. Should such possible
conflicts, real or apparent, arise, DEVELOPER shall disclose such situations to
COUNTY and COUNTY Attorney ' s Office for review.
f. DEVELOPER agrees further that it shall be bound by the standard terms and
conditions used in the Grant Agreement between DEPARTMENT and COUNTY
24
. _. . . . .. . . .. .. . . .. . . .. . .. . . . .
. . . . ... . .. . . . . _
and such other rules, regulations or requirements as DEPARTMENT may
reasonably impose in addition to the aforementioned assurances at or subsequent
to the execution of this Agreement by the parties hereto .
g. In accordance with the Drug Free Workplace Action of 1988 , DEVELOPER
certifies that it has a policy designed to ensure that DEVELOPER' S workplace is
free from the illegal use, possession, or distribution of drugs or alcohol.
h. In compliance with Paragraph (2)(a) of Section 287. 133 , Florida Statutes, a
"person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime 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 be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section
287 . 017, for category two for a period of 36 months from the date of being placed
on the convicted vendor list. "
ARTICLE XVII — FINANCIAL RESPONSIBILITY
17 . 1 DEVELOPER gives COUNTY, DEPARTMENT, HUD, the State Chief Financial
Officer, and the State Auditor General and any authorized representative, access to and
the right to examine all records, books, papers, or documents relating to the
Neighborhood Stabilization Program.
17. 2 DEVELOPER agrees to maintain books, records and documents in accordance with
accounting procedures and practices which sufficiently and properly reflect all
expenditures of funds provided under this Agreement. In accordance with OMB Circular
A- 133 , "Audits of States, Local Governments, and Non-Profit Organizations", all
DEVELOPERS who expend $ 500,000. 00 or more in total Federal financial assistance
within a year must obtain an independent audit.
17 . 3 DEVELOPER further agrees to provide for audit purposes (upon request) all files ,
records and documents pertaining to related activities and clientele demographic data
contained in this Agreement.
17 .4 Any funds expended in violation of this Agreement shall be refunded in full from non-
federal resources .
17 . 5 Funding authorization through the Community Development Block Grant Neighborhood
Stabilization Program shall be used only for eligible activities specifically outlined in this
Agreement. In the event material progress is not evidenced nor commenced within the
time limitations of this Agreement, as determined by COUNTY; COUNTY may
terminate this Agreement pursuant to the terms of Paragraph 7 .2 .
17 . 6 All funds not expended as a result of the aforementioned deficiency of significant
material progress or returned as a result of expiration and subsequent termination of the
25
original funding agreement shall be used by COUNTY at its discretion for reallocation to
other eligible CDBG-NSP activities.
17. 7 If required by DEPARTMENT, income over and above general maintenance and
operating expenses generated as a result of receipt of Community Development Block
Grant funds shall be returned to COUNTY.
17. 8 COUNTY shall have the right to audit and monitor any Program Income as defined at 24
CFR 570 . 500 as a result of a Community Development Block Grant — Neighborhood
Stabilization Program activity.
17. 9 Program Income (defined at 24 CFR 570. 500) derived from utilizing NSP funds, if any,
shall revert to COUNTY and will be returned to DEPARTMENT for use in the
Community Development Block Grant — Neighborhood Stabilization Program. If
DEVELOPER executes an Assignment of Proceeds and Grant of Lien to COUNTY
specifying the terms of reversion of proceeds from possible future sale of real property, it
is is by reference and made a part of this Agreement.
ARTICLE XVIII — EVALUATION AND MONITORING
18 . 1 DEVELOPER agrees that COUNTY may carry out periodic monitoring and evaluation
activities as determined necessary by COUNTY. This Agreement is dependent upon
satisfactory monitoring and evaluation of activities and other performance measures,
including, but not limited to the terms of this Agreement, comparisons of planned versus
actual progress relating to project scheduling, budget, and output measures .
DEVELOPER agrees to furnish upon request to COUNTY or its designees, and make
copies and/or transcriptions of such records and information as is determined necessary
by COUNTY. DEVELOPER shall submit, upon the request of COUNTY, information
and status reports required by COUNTY, DEPARTMENT, or HUD on forms approved
by COUNTY.
18 .2 A sample monitoring instrument attached as Appendix L contains the minimum
monitoring measures to be used by COUNTY. Other measures may also be utilized.
ARTICLE XIX — UNIFORM ADNIINISTRATIVE REQUIREMENTS
19. 1 Governmental DEVELOPERS shall comply with the 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments":
a. Section 85 . 3 , "Definitions";
b. Section 85 . 6, "Exceptions";
C , Section 85 . 12, "Special grant or subgrant conditions for "high-risks ' grantees";
d. Section 85 . 20, " Standards for financial management systems", except paragraph
(a);
e. Section 85 .21 , "Payment", except as modified by State Statute 570 . 513 ;
26
f. Section 85 .22, "Allowable costs",
g. Section 85 .26, "Nott-federal audits";
h. Section 85 . 32, "Equipment", except in all cases in which the equipment is sold,
the proceeds shall be Program Income;
i. Section 85 .33 "Supplies";
j . Section 85 . 34, "Copyrights";
k. Section 85 . 35 , "Subawards to debarred and suspended parties";
1 . Section 85 . 3 6, "Procurement", except Paragraph (a).,
m. Section 85 . 37, "Subgrants";
n. Section 85 .40, "Monitoring and reporting program performance", except
Paragraph (b)-(d) and (f);
o . Section 85 .41 , "Financial Reporting", except paragraphs (a), (b), and (e) ;
p. Section 85 .42, "Retention and access requirements for records";
q. Section 85 .43 , "Enforcement";
r. Section 85 .44, "Termination for convenience";
s . Section 85 . 51 , "Later disallowances and adjustments"; and
t. Section 85 . 52, "Collection of amounts due".
19 .2 DEVELOPER shall also comply with the provisions of OMB Circular A- 133 — Audits of
State and Local Governments ; and OMB Circular A-87 — Cost Principles for State and
Local Governments.
ARTICLE XX - NON-GOVERNMENTAL AGENCIES
20 . 1 Non-Governmental DEVELOPERS shall comply with the requirements and standards of
OMB Circular A422, " Cost Principles for Non-Profit Organizations'; and with the 24
CFR Part 84 , "Grants and Agreements with Institutions and Other Non-Profit
Organizations", Subparts A through E and Appendix A of Part 84, especially :
a. Section 84. 2, "Definitions;
b. Section 84 .4, "Deviations" ;
Co. Section 84 .21 , "Standards for Financial Management Systems";
d. Section 84. 22, "payment";
e. Section 84. 24, "Program Income" ;
f. Section 84. 27, "Allowable Cost";
g. Section 84 . 32 , "Real Property
h . Section 84 . 34, "Equipment";
i . Section 84 . 35 , "Supplies and Other Expendable Property ' :
j , Procurement Standards, especially
( 1 ) Section 84 . 42, "Codes of Conduct";
(2) Section 84.43 , "Competition" ;
(3) Section 84 .44, "Procurement Procedures";
(4) Section 84 .46, "Procurement Records";
k. Section 84 . 5 1 , "Monitoring and Reporting Program Performance"; and
1 . Sections 84. 60 — 84 .62 , "Termination and Enforcement'
27
ARTICLE XXI — CONFLICT OF INTEREST
21 . 1 In the procurement of services by DEVELOPER, the Conflict of Interest provision in 24
CFR 85 . 36 & 24 CFR 570 .489(g) shall be adhered to as applicable
21 .2 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) ,
ARTICLE XXII — OTHER FEDERAL REQUIREMENTS
22 . 1 DEVELOPER shall carry out each activity in compliance with all applicable Federal laws
and regulations as described below:
Public Law 88 . 352 — Title VI of the Civil Rights Act of 1964
Public Law 90 .284 — Title VIII of the Civil Rights Act of 1988
Executive Order 11063 as amended by Executive Order 12259
Section 109 of the Act
Labor Standards
National Flood Insurance Program
Relocation and Acquisition
Employment and Contracting Opportunities
Executive Order 11246 (41 CFR Chapter 60)
Section 3 of the Housing and Urban Development Act of 1968 ( 12 U . S . C . 17010)
Lead-Based Paint
Use of Debarred, Suspended or Ineligible Contractors or Subrecipients
Displacement
Conditions for Religious Organizations
Non-Discrimination Base on Handicap
Section 504 of the Rehabilitation Act of 1973
Architectural Barriers Act of 1963
Environmental Protection Agency Regulations
ARTICLE XXIII — GENERAL PROVISIONS
23 . 1 DEVELOPER agrees to abide by the provision of Chapter 945 . 0311 , Florida Statutes,
pertaining to Nepotism in their performance under this Agreement. DEVELOPER also
agrees to abide by Chapter 119, Records of the Florida Statutes, and its successors .
23 . 2 If applicable, DEVELOPER agrees to comply with Section 286 . 011 , F. S . , relating to
public meetings and records, and chapter 119 F . S . , relevant to public records .
23 . 3 If applicable, DEVELOPER attests that COUNTY ' s procurement requirements were
adhered to in the procurement of goods and services purchased pursuant to this
Agreement.
28
.. . . . . ... . . .. . . .
23 . 4 This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein
and that the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicted upon
any prior representations or agreements, whether oral or written.
23 . 5 COUNTY and DEVELOPER agree that all activities shall be governed in all respects by
the laws of the State of Florida, venue in the courts of Indian River County, State of
Florida.
23 . 6 This document shall be executed in five (5) counterparts, each of which shall be deemed
to be an original.
23 . 7 All notices required by this Agreement shall be in writing.
23 . 8 Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties .
DEVELOPER shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, Retirement, life and/or medical
insurance and Worker ' s Compensation Insurance, as DEVELOPER is an independent
contractor.
23 . 9 COUNTY agrees that DEVELOPER may sell the NSP properties in the future to non-
profit organizations that qualify under NSP program rules . All requirements placed on
DEVELOPER shall flow down to any qualified subsequent purchaser of NSP properties.
DEVELOPER must provide notice to COUNTY a minimum of sixty (60) days prior to
transfer of deed. The qualified subsequent purchaser must become a named party to the
Agreement.
23 . 10 If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
ARTICLE XXIV — INSURANCE AND BOND
24 . 1 In accordance with s . 768 .28 Florida Statutes, the waiver of sovereign immunity in tort
actions; recovery limits; limitation on attorney fees ; statute of limitations; exclusions;
indemnification; risk management programs is applicable to this Agreement.
The undersigned person signing as an officer on behalf of DEVELOPER, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter into
this Agreement on behalf of said DEVELOPER and to bind the same to this Agreement, and,
further that said DEVELOPER has authority to enter into this Agreement and that there are no
29
. . . . ... . . ... . . . . . . . .
restrictions or prohibitions contained in any article of incorporation or bylaw against entering
into this Agreement.
IN WITNESS WHEREOF the parties hereto duly execute this Agreement as of the *ytidyear
first written above . Il.
so
ATTEST INDIAN RIVER COUNTY, FLORIDA.
BQAvRD OF COUNTY COMMI8a0NERS' t
1 ~
eter D . O ' Bryan Chairman = r ' •
CLERK CIRCWT COURT l; • • * • z •-
DATE : DATE : J'? /Q
DEVELOPER
Treasur;• Coast Homeles Services Council, Inc .
21�& �oj
Witness . ouise Hubbard, Executive Director
•-tsz�
Title
DATE : ,f DATE : 3 /41/m
Reviewed as to form and legal sufficiency
County Attorney's Office
3 • Ca ( U
Date
30
APPENDIX A
SCOPE OF SERVICES
OVERVIEW
The Florida Department of Community Affairs awarded a $4,680, 825 Neighborhood
Stabilization Program (NSP) Community Development Block Grant (CDBG) to Indian River
County.
Seventy-five percent (75%), or $3 , 598,543 , of the $4,680, 825 must be used to acquire and
rehabilitate foreclosed homes for sale and rental to individuals and families with incomes that do
not exceed one hundred and twenty percent ( 120%) of area median income and for grant
administration. The remaining twenty-five percent (25%) of the county' s NSP funds
($ 1 ,082,282) must be used to provide rental housing for individuals and families whose incomes
do not exceed fifty percent (50%) of area median income.
NSP funds must be used to purchase and redevelop abandoned or foreclosed properties for re-
sale to income eligible households; offering principal reduction assistance to low-to-moderate-
income homebuyers; and for renting to income eligible households .
PROJECT REQUIREMENTS
Treasure Coast Homeless Services Council, Inc. is allocated $ 1 ,082,282 to acquire, rehabilitate,
and accept the title to and manage the rental of a minimum of five (5) housing units
to
households not exceeding 50 percent of area median income. Treasure Coast Homeless Services
Council, Inc . is also allocated $ 1 ,018 , 982 . 50 to acquire, rehabilitate, and rent a minimum of five
(5) housing units to households not exceeding 120 percent of area median income .
It is understood by all parties that Indian River County shall have the authority to determine if a
specific property may be acquired as part of the NSP .
In carrying out the project the county grant administrator will perform the following
programmatic services ,•
• For each property being acquired compile required information for a HUD site specific
Environmental Review and submit that information to DCA. Track sites ecific
Environmental Review through DCA until approval
• Research the zoning and land use of each property proposed to be acquired by TCHSC,
and ensure they are compatible with the intended use of the property;
• After TCHSC completes the due diligence on each property, provide a recommendation
to the County on whether or not to proceed with the purchase of each property with NSP
funding, such recommendation shall be based on the findings and results of the due
diligence;
31
. . .. . . . . . ... . . .... ... . .. . .
• Maintain all records relating to the NSP program, including the files created by the
Developer;
• Coordinate and participate in all DCA and HUD monitoring visits related to the NSP;
• Respond to all DCA and HUD monitoring reports;
■ Respond to citizens complaints;
• Complete all DCA and HUD required NSP reports;
9 Schedule and conduct all progress meetings for the NSP ;
9 Review all Treasure Coast Homeless Services Council, Inc. program files to insure
compliance with NSP requirements;
• Solicit for potential program applicants and provide a list of potential applicants to the
Treasure Coast Homeless Services Council, Inc. ;
■ Solicit for all needed services, including but not limited to appraisers, title companies,
environmental engineers/specialists, lead inspectors, termite inspectors, and surveyors;
■ Review the applicant list to verify qualification for the NSP and to identify potential
conflicts of interest;
■ Prepare the program closeout documents;
The specific tasks to be undertaken b the Treasure Coast Homeless Services Council, Inc . are :
■ Locate housing units within the NSP target areas that are eligible for purchase utilizing
NSP funding;
■ Negotiate with financial institutions for the purchase of NSP eligible properties that the
Treasure Coast Homeless Services Council, Inc. is interested in purchasing;
■ Ensure that all offers submitted for the purchase of properties contain a property option
contract addendum that conditions the offer for purchase, at a minimum, on DCA ' s
acceptance of the HUD site specific Environmental Review for the specified property and
provides that the earnest money deposit is refundable if DCA does not accept
Environmental Review;
■ For each housing unit considered for acquisition with NSP funding, develop a list of
property improvements and an estimated cost for each of these improvements that will
need to be completed prior to the housing unit being occupied;
32
. . . . . . . .. .. . . . . . . .... . .. ... . . . . . . . . .. .. . . . . .. . . . . .. . . . . . .. . .... .
• Complete the due diligence on each property, including but not limited to the following .
• Obtain a property appraisal report to determine the fair market value of the property,
• Obtain a title search of the property to verify the ownership of the property and
ensure that there are no outstanding liens on the property,
• Obtain a Phase I Environmental Site Assessment for the property to ensure that the
property has no history of contamination,
• Obtain a lead inspection of the property, if the property was constructed prior to 1978 .
• Obtain an asbestos inspection of the property,
• Obtain a termite inspection of the property to ensure the property has no infestation,
• Obtain a survey of the property to ensure that the property has no encroachments and
that the floor elevations of the structures on the property are all above the required
flood plain elevations,
■ Review due diligence reports on housing units being considered for acquisition by the
Treasure Coast Homeless Services Council, Inc . and reaffirm original recommendation to
purchase the units;
■ Coordinate the closing and transfer of title from the original mortgage holder to the
Treasure Coast Homeless Services Council, Inc . ;
■ Take title to the NSP housing units that the Treasure Coast Homeless Services Council,
Inc . desires to acquire;
■ Develop a work write up and price for rehabilitation of each property purchased by
Treasure Coast Homeless Services Council, Inc. ;
• Oversee the construction contract award, construction contract signing and construction
associated with the rehabilitation of the NSP housing units;
■ Maintain the NSP properties acquired by the Treasure Coast Homeless Services Council,
Inc. as affordable rental housing for the minimum amount of time required by
DEPARTMENT. The minimum amount of time required by DEPARTMENT shall
commence with the date of completion of rehabilitation (if applicable) of the housing unit
or from the date of acquisition if no rehabilitation to the housing unit is required .
o Maintaining the properties shall include activating and maintaining all utilities ,
obtaining and maintaining property owners and liability insurance, collecting
rents, keeping the housing units insured, maintaining reserves, performing
property maintenance, evicting tenants as necessary, securing and qualifying new
tenants as well as physically maintaining the property.
o To ensure each residential unit purchased under this program remains affordable ,
the Treasure Coast Homeless Services Council, Inc. shall place a deed restriction
in favor of the County, limiting future tenancy to qualified residents, as deemed
by the program requirements . The life of the deed restriction shall correspond
33
with the minimum amount of time required by DEPARTMENT that the NSP
properties remain affordable. The deed restrictions shall be in a form acceptable
to the County Attorney ' s Office .
■ Maintain all records required by the NSP relating to the housing units and applicants that
the Treasure Coast Homeless Services Council, Inc . acquires through the NSP and
provide a copy to the county grant administrator;
■ Participate in all DCA and HUD NSP monitoring visits ,
■ Provide the county grant administrator with sufficient information relating to the NSP to
respond to DCA and HUD monitoring reports;
■ Provide the county grant administrator with sufficient information to respond to citizens
questions and/or complaints;
■ Attend all applicable CDBG NSP progress meetings with the county grant administrator;
■ Allow review of NSP TCHSC project files by representatives of the county grant
administrator;
■ Identify potential applicants to lease the NSP housing units the Treasure Coast Homeless
Services Council, Inc. has acquired and process the applicants for program eligibility;
■ Ensure that no potential conflicts of interest exist in the acquisition, rehabilitation or
occupancy of the housing units acquired by the Treasure Coast Homeless Services
Council ;
■ Submit evidence to the County on an annual basis, as required by DCA that the units
remain occupied by qualified tenants, for a period of fifteen years from initial occupancy;
■ Provide to the County an annual report of revenues and expenses related to each housing
unit, during the time period required by DEPARTMENT on or before an annual calendar
date acceptable to DCA;
■ Market the property to attract potential tenants; and
■ Include annual financial information regarding DEVELOPER' s participation in the NSP
in its annual audited financial statements and provide copies of those statements to the
County grant administrator for each of the fiscal years that DEVELOPER participates in
the NSP .
34
Appendix "B"
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TCHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Submission of application to DCA X
Program Compliance Monitoring & Re ortin
Establish required formats for file X
maintenance and financial tracking
Monitor and evaluate program costs X
and expenses
Monitor and evaluate program X
compliance
Prepare required program reports X
Submit program reports to DCA X
Monitor compliance with federal X
wage and labor standards
Preparation of all notices X
Placement of all newspaper notices X
Preparation of DCA contract X
documents
Submission of contract documents to X
DCA
Solicit for and select program X
administrator
Preparation of administrator contracts X
Preparation of developer, sub- X
recipient, and due diligence
agreements
Submission of administrator X
contracts, developer agreements and
sub-recipient agreements to DCA for
review and approval
Preparation of program contract X
documents
35
Appendix B (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TCHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Program Administration :
Maintain all records relating to the X
NSP program
Review all records for compliance X
with NSP requirements
Coordinate all DCA Monitoring Visits X
Participate in all DCA Monitoring X
Visits
Prepare draft responses to all DCA X
monitoring reports
Submit responses to monitoring X
reports to DCA
Prepare drafts of all monthly progress X
reports required by DCA
Submit all monthly progress reports to X
DCA
Prepare draft responses to citizens X
complaints
Respond to citizens complaints X
Schedule and coordinate all progress X
meetings on the NSP
Rental Property Tenant Selection :
Prepare intake application and other X
related forms
Prepare solicitation for tenants X
Advertise for Qualified Tenants X
Provide TCHSC with list of X
respondents
Rank and qualify respondents X
Review ranking and verify those X
selected as tenants meet NSP
requirements
36
Appendix B (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TCHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Coordinate Solicitation For and Selection of:
Prepare solicitation for developers X
and/or sub-recipients
Prepare solicitation for due diligence X
providers
Advertise and select program X
administration consultant
Advertise and select developers X
Advertise and select sub-recipients X
Advertise and develop pool of X
contractors
Advertise and select appraisers X
Advertise and select title companies X
Advertise, rank, and select surveyors X
Advertise and select environmental X
firms to perform Phase I
Environmental Site Assessments
Advertise and select firms to perform X
lead paint testing
Advertise and select firms to perform X
mold testing
Advertise and select funis to perform X
asbestos inspections
Advertise and select firms to perform X
radon gas inspections
Advertise and select firms to perform X
Chinese drywall inspections
Advertise and select firms to perform X
termite inspections
Advertise and select firms to conduct X
Credit Counselors
Request for Funds :
Preparation of draw requests X
Submission of draw requests to DCA X
37
Appendix B (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TCHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Environmental Review .
Prepare draft of overall Environmental X
Review, mail outs, and associated public
notices
Publish Environmental Review notices X
in newspaper
Submit Environmental Review package X
to DCA for approval
Property Offer and Acceptance:
TCHSC, Inc . identifies eligible housing X
units they are interested in acquiring
For each housing unit that is being X
considered for acquisition with NSP
funding, develop a list of property
improvements and an estimated cost for
each of these improvements that will
need to be completed prior to the
housing unit being occupied
County authorizes initial acquisition X
offer be submitted on property
Negotiate with REO for the purchase of X
NSP eligible properties the TCHSC, Inc .
is interested in ac uinn
County authorizes revised offer on X
property
38
Appendix B (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TSHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Due Diligence:
Order appraisal X
Certify from appraisal that contract for X
purchase is under 99% of appraised value
Ensure property is properly zoned for X
intended land use
Order title search on the property X
Review title search to ensure property X
title is clear
Provide written recommendation X
concerning need to carry out Phase I
Environmental Site Assessment
Order Phase I Environmental Site X
Assessment, if required
Issue written recommendation on X
continuing with property acquisition
based upon results of Phase I
Environmental Site Assessment
Provide written recommendation X
concerning need to carry out Lead
Inspection
Order Lead Inspection, if required X
Issue written recommendation on X
continuing with property acquisition
based upon results Lead Inspection report
Order Termite Inspection X
TCHSC , Inc . reaffirms desire to purchase X
property after due diligence is co m leted
Issue written recommendation on X
continuing with property acquisition
based upon termite inspection report
39
. .. . .... . . . . . .. . . . ... . . . . .
Appendix B (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TCHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Due Diligence cont :
Order Asbestos Inspection, if X
required
Issue written recommendation on X
continuing with property acquisition
based upon asbestos ins ection report
Prepare and submit site specific HUD X
Environmental Review to DCA —
track thru approval
Provide recommendation on property X
purchase based upon due diligence
Prepare property acquisition desktop X
monitoring package for submission to
DCA
Submit property acquisition desktop X
monitoring package to DCA for
approval
Obtain DCA approval of acquisition X
desktop monitoring package
Property Acquisition :
Coordinate the property closing X
Issue a check for property closing X
based on preliminary HUD. 1 from
closing agent
Record deed restriction on rental X
property
Record first mortgage on rental X
property
Take title to the property X
Property Maintenance During Rehabilitation :
Coordinate property and building X
maintenance during rehabilitation
Coordinate property security until X
occupancy
40
Appendix B (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Treasure Coast Homeless Services Council (TCHSC)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Treasure Coast
County Enterprises Homeless Services
Council
Property Rehabilitation :
Prepare rehabilitation specs, plans and X
cost estimate
Owner sign off on rehabilitation specs X
& plans
Contractor notification of availability X
of bid package
Coordinate bid walk thru X
Receive bids X
Recommendation of award X
Approve rehabilitation award X
Award rehabilitation bids X
Develop rehabilitation contracts X
Coordinate execution of rehabilitation X
contracts
Execute rehabilitation contracts X
Approve draw requests X
Approve final draw X
Approve final draw requests X
Property Management
Maintain property for a minimum of 15 X
ears
Periodically inspect housing units for a X
minimum of 15 years
Carry out client eligibility X
determination for a minimum of 15
ears
Annually verify tenant eligibility for a X
minimum of 15 years
41
Appendix C
Program Statutes and Regulations
By signature of this Agreement, the SUBRECIPIENT 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 C.F.R., 34. Flood Disaster Protection Act of 1973, P.L. 92-234;
Part 570.602; 35. Protection of Historic and Cultural Properties under HUD
2. Florida Small and Minority Business Act, s. 288.702-288.714, F.S.; Programs, 24 CFR Part 59;
3. Florida Coastal Zone Protection Act, s. 161 .52-161 .58, F.S. ; 36. Coastal Zone Management Act of 1972, P.L. 92-583 ;
4. Local Government Comprehensive Planning and Land Development 37. Architectural and Construction Standards;
Regulation Act, Ch . 163, F.S.; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151 ;
5. Title I of the Housing and Community Development Act of 1974, as 39. Executive Order 11296, relating to evaluation of flood hazards;
amended 40. Executive Order 11288, relating to prevention, control and
6. Treasury Circular 1075 regarding drawdown of NSP funds abatement of water pollution;
7. Sections 290.0401 -290.049, F.S.; 41 , Cost-Effective Energy Conservation Standards, 24 CFR Part 39;
8. Rule Chapter 913-76, Fla. Admin. Code. ; 42. Section 8 Existing Housing Quality Standards, 24 CFR Part 882;
9. Department of Community Affairs Technical Memorandums; 43. Coastal Barrier Resource Act of 1982;
10, HUD Circular Memorandums applicable to the Small Cities CDBG 44• Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq. ;
Program; 45 . Title VI of the Civil Rights Act of 1964 - Non-discrimination;
I 1 Single Audit Act of 1984; 46. Title VII of the Civil Rights Act of 1968 - Non-discrimination in
12. National Environmental Policy Act of 1969 and other provisions of housing;
law which further the purpose of this Act; 47, Age Discrimination Act of 1975 ;
13 . National Historic Preservation Act of 1966 (Public Law89-665) as 48. Executive Order 12892- Fair Housing
amended and Protection of Historic Properties (24 CFR Part 800); 49. Section 109 of the Housing and Community Development Act of
14. Preservation of Archaeological and Historical Data Act of 1966; 1974, Non-discrimination;
15. Executive Order 11593 - Protection and Enhancement of Cultural 50. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8;
Environment; 51 . Executive Order 11063 - Equal Opportunity in Housing;
16. Reservoir Salvage Act, 52. Executive Order 11246 - Non-discrimination;
17. Safe Drinking Water Act of 1974, as amended; 53. Section 3 of the Housing and Urban Development Act of 1968, as
18. Endangered Species Act of 1958, as amended; amended - Employment/Training of Lower Income Residents and
19. Executive Order 12898 - Environmental Justice Local Business Contracting;
20. Executive Order 11988 and 24 CFR Part 55 - Floodplain 54. Uniform Relocation Assistance and Real Property Acquisition
Management; Policies Act of 1970, P.L., 100- 17, and 49 CFR Part 24;
21 . The Federal Water Pollution Control Act of 1972, as amended 55. Copeland Anti-Kickback Act of 1934;
(33 U.S.C., s. 1251 etseq.); 56. Hatch Act;
22. Executive Order 11990 - Protection of Wetlands; 57. Title IV Lead-Based Paint Poisoning Prevention Act
23. Coastal Zone Management Act of 1968, as amended; (42 U.S.C., s. 1251 et seq.);
24. Wild and Scenic Rivers Act of 1968, as amended; 58. OMB Circulars A-87, A-102, A-122, and A- 133, as revised;
25. Clean Air Act of 1977; 59. Administrative Requirements for Grants, 24 CFR Part 85 ;
26. HUD Environmental Standards (24 CFR Part 58); 60. Section 102 of the Department of Housing and Urban Development
27. Farmland Protection Policy Act of 1981 ; Reform Act of 1989 and 24 CFR Part 12.
28. Clean Water Act of 1977; 61 . Title III of Division B of the Housing Recovery and Economic Act
29. Davis - Bacon Wage Rate Act; of 2008 (HERA), P.L. 110-289,
30. Contract Work Hours and Safety Standards Act of 1962, 40 62. Approved State of Florida 2008 Action Plan Substantial
U.S.C. s. 327 et seq. ; Amendment
31 . The Wildlife Coordination Act of 1958, as amended; 63. Federal Register Notice Numbers 5255-N-01 and 5255-N-02.
32. The Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1975
(42 U.S.C. , s. 6901 et seq.);
33 . Noise Abatement and Control : Departmental Policy
Implementation, Responsibilities, and Standards, 24 CFR Part 51 ,
Subpart B ;
42
APPENDIX D
is
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 Recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form .
SUBCONTRACTOR:
By:
Signature Recipient's Name
10DB-4X- 1040-01 -F 13
Name and Title DCA Contract Number
Street Address
City, State , Zip
Date
43
APPENDIX E
JUSTIFICATION FOR DEVELOPER' S FEES
The Developer shall carry out the following Activities :
Activity Value Per Value for Ten
Property Properties
Coordinate with realtor to locate and inspect
NSP eligible properties TCHSC is interested in
acquiring $ 1 ,500 .00 $ 15 ,000 . 00
As the buyer negotiate an offer and acceptance
with the seller for each property being acquired $ 2, 500 . 00 $ 25 ,000 .00
Coordinate the preparation of all due diligence
reports and make final recommendation to
purchase prior to proceeding to closing $ 2,000. 00 $ 20 ,000 . 00
As buyer, coordinate property closing $ 1 ,000 . 00 $ 10,000 . 00
Prepare rehabilitation work write-up and
provide rehabilitation cost $ 2,500 . 00 $ 252000 .00
Coordinate property rehabilitation $ 2,934 .20 $ 29,342 .00
Coordinate the payment of all contractor draw
requests and sign acceptance at completion of
rehabilitation $ 1 ,250 . 00 $ 129500 .00
Maintain property from acquisition to initial
occupancy $ 2, 500. 00 $ 25 ,000. 00
Maintain security on property from acquisition
to initial occupancy $ , 500 . 00 $ 5 ,000. 00
Rank applicants, verify household income
information, assure no conflict of interest exists
and qualify potential tenants $ 3 ,500. 00 $ 353000. 00
Maintain set of project files and financial
records $ 508 . 00 $ 5 ,080 . 00
Maintain program files on properties and
potential tenants $ 500 . 00 $ 59000 . 00
Provide reporting information to coup $ 500 .00 $ 5 ,000 . 00
Carry out long term rental property compliance * I Not Included I Not Included
Total I S 21 ,692 .20 1 216,922.00
*The pro forma provided by the developer in their response to the county ' s Request For
Proposals estimated a negative cash flow beginning in the first year on each of the five
rental units that must be occupied by a very low income household. Based upon direction
from DCA this analysis was not included in the Developer' s Fee Justification
44
_ r
APPENDIX F
BUDGET
DEVELOPER shall adhere to the following budget in carrying out this Agreement. LINE
ITEMS MAY NOT BE ADDED to the budget during the term of this Agreement.
BUDGET
Estimated Purchase and Rehabilitation $ 128072745 . 50
Developers Fees Based upon 10 homes being acquired) * $ 216,929 . 00
Estimated Due Diligence $ 56,590 . 00
Estimated Maintenance & Insurance for Four Months $ 20,000 . 00
TOTAL $ 23101 ,264 . 50
* If the Developer Fee amount reflected in the Budget above exceeds twelve percent ( 12%)
of the actual acquisition and rehabilitation costs for acquired and rehabilitated properties,
the Developer' s Fee shall be reduced so that the total fee paid to the Developer shall not
exceed twelve percent ( 12%) of the total amount expended to acquire and rehabilitate the
properties.
45
APPENDIX G
DEVELOPER FEES PAYMENT SCHEDULE
Developer' s fee shall be due and payable as follows :
An amount equal to six percent (6%) of the purchase price paid to the seller for the
property being acquired shall be due and payable to DEVELOPER upon the acquisition of
each property by DEVELOPER.
An amount equal to twelve percent ( 12%) of the amount paid to the contractor for the
rehabilitation of the property shall be due and payable to DEVELOPER when a Certificate
of Occupancy has been issued on the rehabilitation of each property and final payment has
been made to the contractor.
An amount equal to six percent (6%) of the purchase price paid to the seller for the
property shall be due and payable to DEVELOPER at the time of occupancy of each
property by a qualified tenant.
It is understood by both parties that the County, utilizing NSP funding, will pay all costs
associated with the acquisition and rehabilitation of each property including all closing
costs and recording fees .
It is understood by both parties that the DEVELOPER is responsible for obtaining property
insurance, coordinating yard maintenance, providing all utilities, paying all property taxes,
and maintaining the acquired housing units; however, the cost of all services required for
each housing unit, beginning at initial acquisition of the property by DEVELOPER and
ending at initial occupancy by a qualified tenant, will be paid by the County utilizing NSP
funding or paid by the DEVELOPER and reimbursed by the County utilizing NSP funding.
Once a housing unit is initially occupied by a qualified tenant, DEVELOPER shall assume
all costs associated with the housing unit including, but not limited to insurance, utilities,
overhead and maintenance.
46
Appendix H
ADDENDUMS TO THE DEVELOPER' S AGREEMENT
It is understood by all parties included in this agreement that the acquisition and the
rehabilitation of each property will require a separate addendum to this agreement. Each
addendum will be based upon the cost of the property to be acquired or the cost of the
rehabilitation of the acquired property. Each addendum will list or identify the actual cost
of the acquisition or rehabilitation of the specified property.
47
Attachme
t A
Indian River County Neighborhoodd Stabilization rogram Rental Unit Pro Forma
pace 1 of7
Instrugdona: This worksheet has been protected to limit he alteration, please enter appropriate Information in all yellow shaded calls. Please preoere one oro form
for_each income calegory to baa pt _
30%
3529 So Sw
1 �CD�
110,000 f
6"°""° R'war"°"°°s to 000 s 110,000.00 f
rh.aol.dye(�µ 10000.00 Merl Plo Wed bV Collabdaave
arur f 4,00ow Adm by
S Provlde0 COfabaatlre
o..r,r.Frs as 10% s 121000.00 le WAncounan 8
Y 12400.00 Filenrlhl s ProNdad
f136 Ra ahs 000.00
3 Re cnllerq R° 'a S 000.00 (�
Omer
AMMIII Of NSP Fd
R ted s arW dMrS / ,00 Water Sewer Make.
138400.00 Msoratde S 1,000.00 0
S
r.
f dal expenses S S f 8120..
00
TOW
1138.400 x
0
5
CDr
y
to
RM aW 01Ar MurMB rapaws agedua Wiee ona01 araW 30% dranMfa
hoWatp tm8 6eaed an 9a ryarperdpe0ropna h the Dep and 0a inwna ' FuMer, rata an Smled r s). S hdr Of Clem.
. FW The t" baps onu"*" IM 2000 ma*MM fek mesa rwa for
1. Cick on tlrunder
percarne9e aeeorY d prop0eed dYtgW(s). Saaoe ddeb; FbrWa Hpeyp Furca Cppegyg4
yebw OW a der no d Bs&=W and a small asowm Nre
baWorre fw the proposed hotayp w W (/tom 0 a 4). flpM ahN dYva u0 Yral epPeer. Ckk m VW arrow and a drop down fa WIN www. From Ore drop down NK apacl Oa lxanbr
CD
d y ,
t7
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4 y^
3
30%1 $ 710.00 8818-0 r0
0
TCHSC. INC �rPT
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Attachment A
Indian River County Neighborhood Stabilization Program Rental Unit Pro Forma Page 2 of 7
6: Vacani and 41
collection on 63 .
a, M 0 44 --
Nato 19 income I —'
NAMI of Indian River and The Sun U Center of Indian River Coun 12 501 .0 3 no oflt Co orations and WU Provide suppkemental fundi rf necessa
The Treasure Coast Homeless Services Council wiN provide Initial stlei M.t$ for proe Insurance _
and utill de oslts to artner a ncies when necessa
The maximum monthl rental Is calculated on three separate individuals each navino UP to 30% of their annual income of $12 250. One individual at the
30%
AMI level is not sustainable in a sin le Tai home as the sole tenant.
TCHSC, INC.
Instructions: This worksheet has been protected to limit its alteration. Please enter appropriate information in all yellow shaded cells.
Please re are one o11110 2 for each income category to be assisted,
60%
am1MI
Estimated Acquisition price 110,000 $ 110,000.00Advenisin Provided Collaborative
Estimated Rehabilitation Cost ' 10,W0 $ 10,000.00 Mana ement
S Provided by Collaborative
Pre-Subtotal
Costs 4,000 $ 4,000.00 Administrative S Provided Collaborative
Subtotal 124,000 $ 124,000.00 Le al Accountin S Provided Cdllltxxative
2 R nested Developer Fee LX of project coat 10% $ 12.4 W.W Exterminatin Provided Cdlaborative
$136 Re aln $ 2,000.00=�
Re lacement Reserve $ 2,000.00
3 Other $ 1520.00 Solid Waste, Water, Sewer, Grounds Maint.
Will andotherde osits $ 11600.00
Amount of NSP nding Requested $ 136,400.00 Insurance $ 1 ,200.00
$
S Total Ex miss $ 6,320.00
Total It
5136,400
kestnIctiorm For ComdaOnn "Maximum MonLhr� n w Annual Rant for Pr000sed Renta! UniP Table b
Rem and other housing 81¢emaea irlcNdktp utilties carulo! exceed 30X of renter's kx:orrle. Further, r" ere rvnfted by HUD's fair market renin. The table below cekadatea
the 2009 maximum fair market rem for a houisng unit based on the number a bedrooms I the unit and the income peroentage
of data: F1oI Housing Finance Corporation. cwA" of proposed ocapam(s). Source
I. Cgdt on the yellow call under *# of Bedrooms' and a small arrow on the right side of that cell will a
drop down list, select the number of bedrooms far tlsa proposed hous(ng unit (from 0 to 4). mar• COdc on the arrow aril a drop down list will appear. From the
4
3 60X $ 641.00 7,692.00
TCHSC, INC
O
5 3.0M. $ 7 692.00S 7,822.78 $ 8,160.44 $ 8,405.28
Lass: Vapncy and $ 8,857.41 $ 8,917.14 $ 9,184.65 $ 9,480. 18 S 9,741.00 $ 10036.32 E 10,397.10
E 10,847.53 S 10,968.95
COIleC50a loss % 01 Rental Income 7.0% $ 538.44 $ 664.59 S 571 .23 S 588.37 $ 608.02 $ 624.20 $
642.93 $ 662.21 $ 882.08 $ 702.54 S 723.82 S 746.33 $ 787.89
8 Less' $ 71159.58 $ 7,388.17 S 7,,589..21 $ 7,816.80 $ 8,051 .39 E 8,292.94 $ 81541 .72 , . ,
1 .92 $ 9,333.774.0% E 8,320.00 S 8,662.80 $ S 8,358.87 $ 91733.22 S10,12 .55 $ 100948.55
$ 9,613.79 $ 9902.20 510, 199.27
, .
$ 10,948.55 $ M380-49 $ 11 ,841 .95 $ 12,315.63 $ 12,808.26 $ 13r320.59
Neto ra income NCM .... $ 1 ,166.44 $ 1 ,284.63 $ 1 ,409.70 $ 1 ,641 .98 $ 1,681 .83 S 1 ,829.62) S1 ,985.73
S 2,150.58 S —
(2,324.58 $ 2,508.18 $ 701 .65 i ,905.08 $ ,121 .32
TCHSC, INC.
N
r
Instructions : This Worksheet has been protected to limit its alteration. Please enter appropriate Information in all yellow shaded
cells. Please oreoare one oro forma for each income category to be assisted.
n AEIAe . �%•;' 80%
.,.. �"•�101 ya. ..ti icm $i....� �, ?.NEI
AduefthV E
Estimated Acquisition Price $ 1101000.00
FSOmated Rehabilitation Cost $ 10,00D.00 Mnugement j
mMistratNe j .
lPre-Acqusition Costs $ 4,000.00 /AorountMg
Subtotal S 124000.00 E
Fite mMatl
Rpuesne0 peveWPer Fw t_x d prolecr cm0 1076 $ 12.400.00 $
2 - 5138,400 Repern $ 1 ,500.00
aepxpeam aesesve $ 2,000.00
3 onw I E 1,520.00 ISolld Waster, Water Sewer Grounds Malnt.
UdMesandofherdepmlts E 1 ,800.00
Inswame $ 1 .200.00
Amount of NSP F Requested j
j $
$ Tota! Fac enses $ 7g$20.00
Total $138,000
F
uctions For Carripletina •Maximum Monthly and Annual Rend fo Proposed Rental Unit" Table (below)and other housing expenses including uta0ss cannot exceed 30% of renters
income. Fuller, rents and limited by HUD's fair market rents. The table below
lates the 2009 maximum fair market rent for a houisng unit based on Ore number of bedrooms in the unit and the income percentage category of proposed
pant(s). Source of data: Fkxida Housi g Finance Corporation.
ick on the yellow call under "# of Bedrooms' all a small arrow on the fight side of that cell will appear. Click on the arrow and a drop down list will appear. From
the drop down list select the number of bedrooms for the proposed housing unit (from 0 to 4).
4 ,
3 80°A S 741.00 81892.00
TCHSC, INC.
tJt
N
S 3.096 $ 81,892.00 E 9,158.76 $ 9.433.62 E 8,718.53 S 10,006.02 E 10,308.27 E 10,817.51 S 10,936.04
E 11 ,284.12 S 11 ,802.04 S 11,950.10 E 12,308.61 E 12 877.87
Less: Vacancy and
c011ection loss 7% of Rental Income 7.0% S 622.44 $ 641 .11 $ 880.35 $ 680. 16 i 700.58 S 721 .58 S 743.23 E 785.52
E 788.49 i 812.14 E 836.51 S 881 .80 i 887.45
8 - S 8,269.58 S 81517.65 $ 8,773.18 $ 9,036.37 $ 91307.415 $ 9,586.69 E 9,874.29 $ 10,170.52 $
10,475.53 $ 10,789.90 $ 11 ,113.60 S 11 ,447.01 $ 11 ,780.42
Less: Opetetl 4.0% S 7,820.00 $ 8,132.80 E 8,458.17 S 8,796.44 $ 9, 14829 E 9,514.23 S 9,894.79 $ 10,290.59
$ 10,702.21 $ 11o130.30 $ 11 ,575.51 $ 12,038.531 $ 12.520.07
Net Operalincome NO .... $ 449.56 $ 384.85 $ 315.06 $ 239.94 $ 159.17 $ 72.48 $ 20.61 $ 120.0 i .58 s
S 340.40 $ 461 .91 $ 597.53 $ 9.88
... t.. a`ke .+,x•J�.- 'q� . x'.25+.• ' " x z 'z,`d. > a`''�
It is unrea0stic to char e a fame who Is eligible for this pro ram, the rate of $1,213.00 per month.
r
TCHSC, INC.
til
W
J
Peroentag Number of Bedrooms in Unit
e Category 0 1 2 3 4
Sebastian-Vero Beach MSA 3070 $ 306,00 $ 328.00 S 393.00 4 455.00 $ 507.00
50% $ 510.00 $ 546.00 $ 856.00 S 758.00 $ 845.00
80% $ 816.00 S 874.00 $ 1 ,050,00 $ 11213.00 S 1 ,352.00
120% $ 1 ,224.00 $ 1 ,311 .00 $ 1 ,575.00 $ 1 ,819.00 $ 2,028.00
TCHSC, INC.
is
APPENDIXJ
REIMBURSEMENT REQUEST FOR NSP CDBG FUNDS
PROJECT NAME:
DEVELOPER: Treasure Coast Homeless Services Council, Inc.
CONTRACT TO PURCHASE A FORECLOSED PROPERTY : $
CONTRACT TO REHABILITATE THE ACQUIRED PROPERTY $
INVOICES (attach all relevant invoices relevant and copies of $
disbursed checks)
OTHER CONTRACTS (Provide copies of contracts $
Using CDBG funds)
REIMBURSEMENT REQUEST TOTAL $
Authorized Signature Date
FOR CDBG COUNTY STAFF USE ONLY
Reviewed by Project Leader Date/Signature
Fiscal Review and Adjustment(s) Date/Signature
Notes :
55
APPENDIX K
INVOICE SHEET
To : Indian River County Community Development Department
From : Treasure Coast Homeless Services Council, Inc.
Paid Invoices (period covered) from To
List Each Check Vendor Names Project Total on
Invoice Number Invoice
TOTAL
IN-KIND CONTRIBUTIONS (report if applicable) : Contributions used in completion of
project using other than CDBG funds (e . g. , labor, materials, financial contributions, etc .)
Items or Services Value
I certify that to the best of my knowledge the data reported in this reimbursement request is
accurate.
Signature and Title Date
Special Note : ALL invoices and checks listed above must be attached (as well as any
bidding information and contracts) .
ALL COPIES MUST BE LEGIBLE AND REPRODUCIBLE
Page # _ of
56
APPENDIX L
MONTHLY STATUS REPORT
DEVELOPER: Treasure Coast Homeless Services Council, Inc.
PROJECT :
DATE .
Report Period Thru
Signature
Activity Estimated Actual Estimated Actual
Start Date Start Date Completion Completion
Date Date
Attach narrative documentation for all activities, if applicable .
(Goals and accomplishments reported must be measurable and specific to activities
outlined in the Scope of Services).
PROJECT GOALS FOR NEXT REPORTING PERIOD :
57
APPENDIX M
SAMPLE MONITORING INSTRUMENT
GENERAL ITEMS
1 . Are the following documents available (for Non-Profit Yes No N/A
Organizations) :
a. Articles of Incorporation?
b . Roster of Board of Directors?
c . Board Minutes?
d. Organizational Chart (names of persons in key
positions?
e . Copy of 501 (c)(3 ) Federal tax exempt letter?
f. Internal Revenue Service Form 941 ?
Performance Review
2 . Is there a copy of the contract for professional services?
3 . Are there copies of all plans andspecifications?
4 . Is there a copy of the Davis Bacon Wage Determination?
5 . Is there verification of the bid opening?
6 . Is there documentation of the re- construction conference?
7 . Are all monthly reports current?
8 . Have any requests for Budget changes been properly
document/filed?
9 . Have all invoices submitted contained in the required
documentation/backup?
10. Are partial payment requests verified by site inspections?
11 . Are "Change Orders" properly documented and
processed?
12 . Have all payroll requests been verified/adjusted properly?
13 . Is there a final inspection report preceding final payment?
14 . Have an /all liens against the contractor been released?
58
. . . . . .. . . . . . . . .
APPENDIX N
REPORTS REQUIRED BY DCA FOR THE NSP PROGRAM
The following reports must be completed and submitted to DEPARTMENT by COUNTY
in the time frame indicated. Failure of COUNTY to timely file these reports constitutes an
event of default, in the NSP Agreement between DEPARTMENT and COUNTY .
1 . The Contractual Obligation and MBE Report must be submitted to 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 DEPARTMENT fifteen ( 15) days
after the end of the month on the report form provided by DEPARTMENT. The
th
report is due on the 15 of the following month.
3 . The Administrative Closeout Package must be submitted to DEPARTMENT forty-
five (45) days after the Agreement termination date .
4 . In accordance with OMB Circular A- 133 , revised, should COUNTY meet the
threshold for submission of a single or program specific audit, the audit must be
conducted in accordance with OMB Circular A433 and submitted to
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 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 .
59
APPENDIX O
TIMETABLE
The work items and time line that would be utilized to carry out Indian River County' s
Neighborhood Stabilization Project (NSP) are as follows :
WORK ITEM DATE OF COMPLETION
1 . The County selects an administrator for the project. Complete
2 . The Administrator develops a draft of the County ' s
NSP application for review by County staff. Complete
3 . The County reviews and finalizes the NSP application
and submits the application to DCA for review and approval . Complete
4 . The County submits the administrative desktop monitoring
Package and administrative contract to DCA for approval . September 2009
5 . The Administrator develops a draft solicitation package for
non-profit organization that have shown an interest in becoming
partners in the County' s NSP program . Complete
6. The Administrator begins Phase 1 of the CDBG Environmental
Review process . Complete 2009
7 . The County solicits for non-profit organizations who wish to
become the County ' s partners in the NSP program . Complete
8 . DCA approves the desktop monitoring solicitation package and
the contract for the NSP project administrator. March 2010
9 . The County receives the unexecuted NSP contract from DCA Complete
10 . The County returns the NSP contract package, including
attachments to DCA Complete
11 . The County receives executed NSP contract from DCA . Complete
12 . Phase I of the Environmental Review process is completed . Complete
13 . The County obtains the Release of Funds from DCA. Complete
14 . The County selects the Treasure Coast Homeless
Services Council, Inc. (TCHSC)
as an NSP partner Complete
15 . The County, along with the TCHSC, finalize
the activities to be carried out with the NSP program funding. Complete
60
16 . The TCHSC develops a list of qualified properties . March 2010
17 . The TCHSC Developer' s Agreement is finalized and sent to DCA
for review and approval . March 2010
18 . The County solicits for and selects a pool of qualified contractors
to be utilized for rehabilitation of housing units if required. Ongoing
19 . DCA approves the TCHSC Developer' s Agreement . March 2010
20 . The County enters into Developer' s Agreement with TCHSC to
carry out the program. March 2010
21 . The TCHSC submits a list of qualified properties they are
interested in acquiring April 2010
22 . Option contracts on properties are negotiated April 2010
23 . Due diligence is conducted on the properties May 2010
24 . Eligible properties are purchased June 2010
25 . Work write-ups for property rehabilitation are developed
and contractors are secured July 2010
26 . Rehabilitation contracts are signed, construction commences August 2010
27 . Families to purchase and lease properties are selected, eight (8)
hour educational classes are completed September 2010
28 . The rehabilitation of the units is completed; housing units
are occupied October 2010
29 . The administrator prepares the close-out documents and the
County reviews and submits the close out package to the state . December 2010
61
CHECKLIST
FINANCE AND ACCOUNTING TO BCC
Name of Contractor:
Project Name :
BCC Date : Person Completing :
ALL CONTRACTS, OR SUPPLEMENTS TO BE APPROVED BY BOARD MUST
HAVE THIS COMPLETED CHECKLIST ATTACHED
All exhibits and/or attachments referenced in contract are included with contract.
If insurance and/or performance bond(s) is required, the Certificate of Insurance or
Bond is attached to contract.
Liquidated Damages are provided for in the contract, if applicable.
The contract agrees with all back-up and agenda materials.
The contract is in compliance with Section 287 . 133 (2)(b), Florida Statutes, with
respect to public entity crimes.
If the contract is a supplement to a Master Contract, be sure the Supplement number
I
s correct.
Not-to-exceed contracts must have an hourly rate schedule as part of the contract.
On supplements, the professional hourly rate fee schedule must match the Master
Contract
The County' s standard Reimbursable Cost Schedule, if applicable, is attached.
Checked by Risk Management
Checked by County Attorney' s Office (initiated by attorney) .
The original contract (including this checklist and all exhibits/attachments) must be in
the hands of the clerk at least 10 days prior to the board meeting
Date received by Clerk' s Office :
Number of originals received :
62