HomeMy WebLinkAbout2003-012 x * r
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GENERAL ADMINISTRATION CONTRACT
This General Administration Contract (hereinafter"Agreement") entered into as of this 21 st
day of January , 2003 by and between Fred Fox Enterprises, Incorporated, (hereinafter
"Administrator"), and Indian River County, (hereinafter"Local Government.")
WITNESSETH
WHEREAS, the Local Government has been awarded a Housing Revitalization Community
Development Block Grant(#03DB-1A-10-40-01-H12), (hereinafter the"Project' or"Project Contract"
when specifically referring to the Contract executed between the Local Government and the State of
Florida Department of Community Affairs as described below), and the Local Government being desirous
of implementing such a Project; and,
WHEREAS, the Administrator is now available, willing, and qualified to perform professional
services in connection with the Project, in order to serve the Local Government to which this Agreement
applies, to assume primary responsibility for the administration of the Project and the Project Contract,
and to give consultation, advice, and direction for such Project; and,
WHEREAS, the Local Government is without sufficient resources to devote to the Project in
order to properly administer it and is desirous that the Administrator perform all services regarding the
Project and does now engage Administrator to perform said services noted above on the Project; and
WHEREAS, Administrator agrees to perform such services and to provide technical assistance in
various program areas; to serve the Local Government as its professional representative, administrator and
coordinator in various phases of the Project to which this Agreement applies; to develop and draft a
Relocation Policy for the Project, if required; to prepare and disseminate information to the general public
regarding the Project; to provide adequate administrative plans and implementation regarding the
acquisition of any real property involved; to administer the Project in accord with the terms of the Project
Contract, including all attachments and references therein, entered into between the State of Florida,
Department of Community Affairs (hereinafter"DCA"), and the Local Government,being Project No.
(03DB- 1 A-10-40-01 -H12 ).
NOW THEREFORE, the parties hereto agree as follows:
ARTICLE 1
A. GENERAL ADMINISTRATION
SCOPE OF THE SERVICES OF THE ADMINISTRATOR
The Administrator shall provide the following services for the general administration aspect of the
Project:
1. Coordinator,monitor, and evaluate the direct costs of the overall program, including but
not limited to the multiple activities outlined in the subsections of the Agreement below.
2. Develop,plan, implement, and assess the citizen's participation to all community
organizations, including but not limited to providing program information, technical
assistance to citizens,publishing applicable notices, and conducting applicable meetings
and/or hearings, as well as responding to citizen inquiry regarding the Project.
3. Dissemination to the public of all programs involving citizens participation to all
Community organizations, including, but not limited to providing the program information,
technical assistance to community groups, and dissemination of materials.
4. Establish and maintain general and related files, containing sufficient detail for the
purposes of audit requirements for the administration of the Project.
5. Establish procedures relating to the procurement and implementation of contractual
services all pursuant to Department of Housing and Urban Development(HUD) and DCA
requirements and regulations.
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6. Attend all Local Government committee and Board of County Commissioners meetings at
which the progress of the Project is being discussed or which requires Board of County
Commissioners action and prepare all back up documentation for submittal as part of the
agenda for all applicable committee meeting or Board of County Commissioners meeting.
7. Establish and maintain sufficient records, internal control procedures, files,bookkeeping
and audit procedures, in order to comply with the record keeping and audit requirements as
outlined in the Project Contract and as required by applicable State and Federal laws and
administrative rules as outlined in the Project-Contract.
8. For audit reports required to be filed with DCA, and prepared by a certified public
accountant, Administrator shall coordinate the accountant's progress, deliver all records
necessary for completion of the audit to the accountant, and assist the County in filing the
audit with the proper authority once completed. Administer shall ensure that all audits
meet the requirements of sections 11.45 and 216.349, Florida Statutes and Chapter 10.550
and 10.600, Rules of the Auditor General, and, to the extent applicable,the Single Audit
Act of 1984, 31 U.S.C. ss. 7501.7507, OMB Circulars A-128 or A-133, for the purposes of
auditing and monitoring the funds awarded under the Project Contract.
9. Monitor the progress of the Project to ensure compliance with all HUD and DCA
regulations and prepare all necessary and all requested responses to inquiries from all
applicable Local, State, and Federal Governmental units.
10. Evaluate the various aspects of the Project according to HUD and DCA regulations and
prepare all final reports to said agencies.
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11. Prepare adequate advertising for all aspects of the Project as necessary to ensure active
citizen participation, including,but not limited to the environmental aspects of the Project,
and place said advertising.
12. To be the primary Administrator of the Project and be responsible for accomplishing all
things necessary to ensure that the Local Government complies with the obligations,
reporting requirements and all referenced laws,rules and regulations for administering the
Project, all as set forth in the Project Agreement and all attachments thereto and references
therein.
13. To keep the County Finance Department informed of the Project on a monthly basis with a
written report to the Local Government indicating the status of all work, the nature of any
contracts from any applicable government agencies and the Administrator's response.
14. Establish and maintain adequate bookkeeping systems and internal control procedures for
the purpose of complying with the audit requirements required pursuant to the Project
Agreement, as well as that required by applicable State, and Federal law, and implement
said bookkeeping systems and generation of records.
15. Undertake primary responsibility for the procurement of professional services contracts
and all other contracts for goods and services for the Project, including interviewing and
selection of professionals in accord with the Florida Consultants Competitive Negotiation
Act,preparation of bid information,publishing of bid solicitation,review of responsive
bids and recommendation of award, preparation of contracts to be presented to the Board
of County Commissioners for approval and execution, and administration of all contracts
to ensure compliance with all applicable HUD and DCA requirements.
16. Prepare all professional service contracts and all other contracts for goods and services
necessary for the completion of the Project and ensure they are consistent with all federal
and state laws,regulations and rules as required by the terms of the Project agreement.
17. Administer all contracts entered into between the Local Government and various
professionals, contractors, and vendors in accord with the requirements of HUD, DCA and
any other federal or local agency whose laws or regulations affect the project.
18. Establish and maintain construction files relating to the work for the Project.
19. Certify on each invoice presented for payment pursuant to any contract that the referenced
services or procurement of goods have been accomplished in compliance with the Project
Contract and all applicable attachments and references.
20. Schedule, coordinate and attend pre-construction conferences.
21. Establish and maintain the Local Government's equal opportunity files for the Project.
22. Prepare and send all required notices pursuant to the Agreement to all affected agencies,
including the Department of Labor, HUD, or DCA that the construction work pursuant to
the Project has commenced.
23. Attend all HUD and DCA monitoring visits and prepare the Local Government response to
HUD and DCA monitoring letters and initiate all remedial or compliance measures if any,
as directed by HUD, DCA or any other Local, State or Federal Governmental units.
24. Keep, complete and maintain files pertaining to the Project for use by the Local
Government and interested citizens.
25. Prepare for and represent the Local Government before any State or Federal Board or
meetings regarding the Project Contract.
26. Give prompt notice to the Local Government whenever the Administrator observes or
otherwise becomes aware of any defects or problems with the Project.
27. Inform the Local Government of all meetings involving the Project including all meetings
with applicable government agencies or pertaining to personal service contracts with
architects and/or engineers regarding this Project.
28. Be responsible for the handling of all aspects of the day to day monitoring of the progress
of the work performed pursuant to the Project Agreement.
29. Supervise the preparation and submittal of all applications for any permit required for the
work to be performed under the Project Agreement, and supervise the preparation and
submittal of any additional requests for information arising from the permit application.
B. DEMOLITION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services for the demolition subsection of this project:
1. Implement the Project according to the activities in the application.
2. Maintain a public relations program regarding the demolition aspects of the project.
3. Develop and maintain a schedule of services regarding various aspects of the demolition
subsection of the Project.
4. Compile a list of anticipated project sites for the demolition subsection of the Project.
5. Ascertain eligibility of individual sites for this aspect of the project.
6. Establish and maintain files on the demolition aspects of the Project, including individual
sites.
7. Compile and develop progress reports and monitoring reports per HUD and DCA
regulations and maintain central files on same.
8. Implement the demolition aspects of the Project per the instructions of the Local
Government.
9. Compile and develop files regarding the actual demolition aspects of the Project.
10. Develop technical specifications and bid documents for the demolition and clearance.
11. Inspect the project sites per the demolition and site specifications.
12. Represent the Local Government before any Local, State, or Federal board meeting
regarding the demolition aspects of the Project.
C. RELOCATION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATORS)
The Administrator(s) shall provide the following services for the relocation aspects of the Project
and shall provide the following services for each homeowner as may be applicable and as required:
I. Develop and draft a Relocation Policy for the Local Government's review and approval.
2. For each relocates, the Administrator(s) shall:
(A) Interview each to ascertain household relocation needs based on income, family
unit size, and housing needs and preferences.
(B) Develop and prepare necessary forms to document each of the relocatee's family
needs.
(C) Develop, collate, and maintain individual files for each reloctatee family unit.
3. Develop and implement relocation referral and counseling services to disseminate
information regarding the availability of housing, cost of comparable replacement housing,
and possible replacement housing referrals.
4. Develop an inspection report according to the Federal Minimum Property Standard
Requirements and certify to the Local Government that each replacement unit is safe,
decent and sanitary for human occupancy.
5. Develop and maintain an availability file of appropriate housing and coordinate relocation
counseling services.
6. Develop and maintain procedures regarding moving and replacement housing payments.
7. Assist applicants in completing and filing any necessary forms relating to moving,
replacement, and housing payments.
8. Establish and maintain Projects files.
9. Be present at all HUD or DCA monitorings concerning the relocation program and prepare
the Local Government's response to the HUD or DCA monitoring letters.
10. Represent the Local Government before any Local, State, or Federal board or meeting
regarding the relocation aspects of the Project.
D. REHABILITATION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services: (A) Implement an acceptable
rehabilitation program per application forms.
1. Disseminate information to the general public regarding the program and application
procedure of this project.
2. Develop and direct application procedures for prospective applicants.
3. Accept and process applications from prospective applicants.
4. Verify eligibility of prospective applicants as to income per requirements of HUD and
DCA within keeping of the Privacy Act.
5. Verify eligibility of prospective applicants as to ownership of the property involved in the
Project, per requirements of HUD and DCA and within keeping of the Privacy Act.
6. Establish and maintain files on the general rehabilitation aspects of the Project for use by
the Local Government and interested citizens.
7. Compile and correlate progress reports for the Local Government and notify the Local
Government of the availability of the same.
8. Compile and correlate progress reports on this Project per any HUD or DCA requests.
(B) Post-Application Phase
1. Inspect the prospective housing units in this Project prior to commencement of the
rehabilitation work.
2. Organize appropriate write-up reports on the prospective rehabilitation housing units in the
Proj ect.
3. Develop and implement an inspection procedure on the housing units during the
rehabilitation stage of the Project.
4. Organize and maintain appropriate records regarding inspections during the rehabilitation
stage of this Project.
5. Inspect each unit and verify contractor's billing on each unit at the draw and completion of
the rehabilitation project.
6. Establish and maintain required bookkeeping records relating to all aspects of contractor's
billing.
(C) Additional Services
1. Advise the Local Government as to the progress of the Project and indicate any areas of
concern and assist the Local Government in developing solutions to any such problems.
2. Represent the Local Government before any necessary boards or review meetings.
3. Prepare requested or required reports for HUD and/or DCA.
4. Work with the County to develop and maintain proper and acceptable bookkeeping
methods and necessary records according to the standards of HUD and/or DCA.
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ARTICLE 2
GENERAL ADMINISTRATION
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this subsection General
Administration shall be:
1. To instruct the personnel of the Local Government to cooperate and assist the
Administrator in the provision of the necessary financial data or other data or information in
its possession needed in order to comply with the Project Agreement.
2. To provide assistance in implementation of the contractual services necessary for the
Project.
3. To provide an acceptable space for the Administrator to utilize on a regular basis in
order to carry out the administration of the Project.
4. Establish and maintain rapport with individual citizens and community groups
regarding the Project.
5. Notify the Administrator of all Local Government committee meetings and Board
meetings at which the Project can be discussed.
6. It is expressly understood and agreed to between the parties to this Agreement that the
Local Government shall not be primarily responsible for administering the Project Contract.
The Administrator shall be responsible for preparing or filing with the applicable
governmental agency on behalf of the Local Government any reports and audits which are
required, preparing any bid proposals,preparing any contracts which must be entered into,
monitoring and keeping a record of all payments due under any contract and the associated
compliance with the various laws, rules and regulations which affect the project, preparing
and submitting any permit applications, and any other thing necessary to
properly administer the Project Contract. The Local Government will provide information
which it has in its possession as needed to the Administrator.
7. To assist the Administrator in placing at its disposal all available information pertinent to
the sites of the Project including previous reports and any other data relative to design and
construction of the Project.
8. Review, once prepared and executed by the contractors or vendors, all contracts for goods
and services necessary for the administration of the Project.
9. Designate a member of the Local Government who will act as a contact person with the
Administer to facilitate and transmit information, and receive information. The Local
Government agrees to submit said person's name to the Administrator within ten days of
the execution of this Agreement.
10. Give prompt notice to the Administrator whenever the Local Government observes or
otherwise becomes aware of any defects or problems with the Project.
11. Inform the Administrator of all meetings involving any applicable government agency or
regarding any personal service contracts with architects and/or engineers regarding this
Project.
A. DEMOLITION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to the subsection
DEMOLITION SERVICES shall be:
1. To provide assistance in implementation of contractual services necessary to the Project
per the requirements of any and all Local, State, and Federal Requirements.
2. Establish and maintain rapport with individual citizens and community groups regarding
aspects of this subsection of the Project.
3. Assist the Administrator(s) in negotiations of right-of-entry and release of liability aspects
of this subsection of the Project.
4. Review and implement all contracts as deemed necessary by the Local Government to
ensure efficient progress of the Project.
5. Provide any additional information as deemed necessary by the Local Government to the
Administrator(s)which will help complete the demolition aspect of the Project and allow
for summary and closure of demolition files.
B. RELOCATION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to the subsection
RELOCATION SERVICES shall be:
1. Provide any additional information as deemed necessary by the Local Government to the
Administrator(s)which will help complete the relocation project and allow for the
completeness of relocation files.
2. Designate a member of the Local Government who will act as a contact person with the
Administrator(s) so as to facilitate and transmit instructions, receive information, and
generally assist as may be necessary.
3. Give prompt notice to the Administrator(s) whenever the Local Government observes,
becomes aware of any defects or problems with the Project.
C. REHABILITATION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to the subsection REHABILITATION
SERVICES shall be:
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1. To assist the Administrator(s)by placing at its disposal all available information pertinent
to the sites of the Project including previous reports and any other data relative to design
and construction of the Project.
2. Attempt to make provisions for Administrator(s) to enter on public and private lands as
required for it to perform its services under this Project.
3. To designate a member of the Local Government who will act as a contact person with the
Administrator(s) so as to facilitate and transmit instructions, receive information, and
generally assist as may be necessary.
4. To give prompt notice to Administrator(s) whenever the Local Government observes or
otherwise becomes aware of any defects or problems with the Project.
ARTICLE 3
PERIOD OF PERFORMANCE
The period of performance under this Project shall begin upon the signing of this Agreement and
shall be completed upon the final completion of Florida Community Development Block Grant Small
Cities Program Project as approved by DCA.
ARTICLE 4
COMPENSATION
The Local Government agrees to pay the Administrator as compensation under this Agreement the
total sum of Ninety Four Thousand Nine Hundred Dollars ($94,900.00). Payment will be made in
twenty-three equal monthly installments of Three Thousand Nine Hundred Fifty and 00/100
($3,950.00) and one final monthly installment of Four Thousand Fifty and 00/100 ($4,050.00).
Payments will commence within 30 days after the approval of this Agreement by the Department of
Community Affairs. At the end of the twelfth month of this contract, the Local Government and the
Administrator shall review the progress of the Project to determine if the Project is proceeding on
schedule. If the Project is determined not to be progressing on schedule, a revised payment schedule
shall be developed that is acceptable to both parties. If the Project Contract obligations are met and
the Project closes out prior to the twenty four month ending date, the Administrator will be paid the
sum remaining in the Agreement upon submission of the close out and the final approval of the close
out by DCA. Any travel requested by the Local Government specified in writing as being
reimbursable shall be paid in accord with Section 112.061, Florida Statutes. All requests for payment
shall be submitted by the Administrator in detail sufficient for a proper pre-audit and post audit
review. Travel time and mileage from the Administrator's place of business to the Project Site or to
the Local Government Administration building shall not be reimbursable.
ARTICLE 5
CITIZENS PARTICIPATION
It is understood between the parties that both the Local Government and the Administrator shall
encourage continuous participation in the Project by the citizens of the area. It is further understood
that the Administrator shall be responsible for preparing and placing adequate advertising of the
Project. It is understood that funds for such advertising shall be paid from the Project grant funds.
The Administrator shall be responsible for scheduling and coordinating meetings of the Local
Government Citizens Advisory Task Force(CATF). It shall be the responsibility of the Local
Government to furnish a location for such meetings.
ARTICLE 6
LOCAL GOVERNMENT CONTACT PERSON
The contact person who will represent the Local Government in all matters pertaining to the
Project shall be Mr. Randy Deshazo, Economic Development Planner, or his Designee.
ARTICLE 7
EXCLUSIVE REPRESENTATION
It is understood between the parties that a representative of Fred Fox Enterprises, Incorporated,
will represent this Project before any and all DCA or HUD meetings or hearings. A representative of
the Local Government may attend upon being so notified of the meeting.
ARTICLE S
CONFLICT OF INTEREST
The Local Government having been so advised by the Administrator does hereby recognize that
the Administrator has provided similar area services in the past to the Local Governments and to area
governmental bodies and may be so engaged in a similar project at this time or in the future and the
parties agree that these Projects by the Administrator do not constitute a conflict of interest with the
Proj ect.
ARTICLE 9
SOCIAL SECURITY AND FEDERAL WITHHOLDING OF INCOME TAX
The Local Government is not liable for Social Security contributions pursuant to Section 42
U.S.C. 481 or federal withholding of income tax, with regard to the compensation of the
Administrator during the period of this Agreement.
ARTICLE 10
CONTRACT AMENDMENT
The terms and conditions of this Agreement may be changed at any time by mutual agreement of
the parties hereto,must be in writing to be effective, and all such changes shall be incorporated as
written amendments to the Agreement.
ARTICLE 11
TERMINATION
1. This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other to fulfill its obligations under this Agreement
provided that no termination may be effected unless the other party is given at least ten
(10) calendar days written notice delivered by hand or by certified mail,return receipt
requested, of intent to terminate and an opportunity for consultation with the terminating
party during said ten day period prior to termination.
2. This Agreement may be terminated in whole or in part in writing by the Local Government
for its convenience and without cause,provided that the Administrator is afforded the same
notice and consultation opportunity specified in subsection 1 above.
3. If termination for default is effected by the Local Government, then the Administrator shall
be paid for services rendered to the point of termination. No amount shall be allowed for
anticipated profit on unperformed services or other work. The Local Government shall be
entitled to set off from any payment due to the Administrator at the time of termination any
additional costs to the Local Government arising from the Administrator's default.
4. If termination for convenience without cause is effected by the Local Government, then the
Administrator shall be paid for services rendered and expenses incurred prior to receipt of
the notice of intent to terminate, in addition to termination settlement costs reasonably
incurred by the Administrator relating to commitments (e.g. suppliers, subcontractors)
which had become firm prior to receipt of the notice of intent to terminate, if any, and upon
proper documentation submittal.
5. Upon receipt of a notice of termination, the Administrator shall promptly discontinue all
affected work (unless the notice directs otherwise) we deliver or otherwise make available
to the Local Government all data, drawings,reports, specifications, summaries and other
such information, as may have been accumulated by the Administrator in performing this
Agreement, whether completed or in progress.
6. Upon termination, the Local Government may take over the work and award another party
a contract to complete the work described in this Agreement and Project Agreement.
ARTICLE 12
REMEDIES
Unless otherwise provided in this Agreement, all claims, counterclaims, disputes and other matters
in question between the Local Government and the Administrator, arising out of or relating to this
Agreement, or the breach of it, will be governed by the laws of the State of Florida and such claims,
counterclaims, disputes and other matters shall be brought in Indian River County,Florida.
Arbitration may be utilized if the parties mutually agree. In the event suit to enforce this Agreement
must be brought or arbitration initiated, the prevailing party therein shall be entitled to an award of
attorney's fees and costs, including attorneys fees incurred in seeking a judgment confirming any
arbitration order.
ARTICLE 13
ACCESS TO RECORDS
All documents in any way pertaining or relating to the administration of the Project on behalf of
the County shall be public records as defined by Florida law in the hands of the Administrator and as a
result shall be open to inspection by the public upon request.
ARTICLE 14
RETENTION OF RECORDS
The Administrator shall retain all records relating to this Agreement for three years after the Local
Government makes a final payment and all other pending matters are closed.
ARTICLE 15
EQUAL OPPORTUNITY
The Administrator warrants that there shall be no discrimination against employees, applicants for
employment, those to whom services are rendered, and applicants for such services under this
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Agreement because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap
or familial status. During the performance of the function described herein the Administrator agrees
to the following conditions pertaining to the recognition and protection of the civil rights of
employees, applicants for employment, those to whom services are rendered, and applicants for such
services:
1. The Administrator will comply with the provisions of Title VI of the Civil Rights Act of
1964, P.L. 88-352, as amended, and rules and regulations published pursuant thereto, all of
which are made a part hereof as if fully incorporated herein.
2. The Administrator will comply with the provision of Presidential Executive Order Number
11246 of September 24, 1965, as amended, 3 CFR, Chapter 4, which is made a part hereof
as if fully incorporated herein, and Section 204 of said Presidential Executive Order which
must be set forth verbatim, as follows:
"During the performance of this Agreement,the Administrator agrees as follows:
1. The Administrator will not discriminate against any employee or a
applicant for employment because of race, color, age, sex,religion, national origin,place
of birth, ancestry,handicap, or familial status. Such action shall include,but not be limited
to the following: employment,upgrading, demotion, transfer, recruitment, termination,
rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The Administrator agrees to post in conspicuous places, available to
employees and applicants for employment, notice to be provided by the contracting officer
setting forth the provisions of the non-discrimination clause.
2. The Administrator will, in all solicitations or advertisements for employees placed by or on
behalf of the Administrator, state that all qualified applicants will receive consideration for
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employment without regard to race, color, age, sex, religion, national origin, place of birth,
ancestry, handicap, or familial status.
3. The Administrator will send to each labor union or representative or workers with which
he has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency, contracting officer advising the labor union or worker's
representative of the Administrator's commitments under Section 204 of Executive Order
Number 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4. The Administrator will comply with all provisions of Executive Order Number 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor.
5. The Administrator will furnish all information and reports required by Executive Order
Number 11246 of September 24, 1965, and by the rules, regulations, and order of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations, and orders.
6. In the event of the Administrator's noncompliance with the non-discrimination clauses of
this Agreement or with such rules,regulations, or orders, this Agreement may be
cancelled, terminated, or suspended in whole or in part and the Administrator may be
declared ineligible for further government contracts in accordance with procedures
authorized in Executive Order Number 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order Number
11246, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided
by law.
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7. The Administrator will include the provisions of subparagraphs (1)through(7) 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 Number 11246 of
September 24, 1965, so that such provisions will be binding upon subcontractors or
vendors. The Administrator will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of enforcing such
provisions including sanctions for non-compliance provided however, that in the event of
litigation with a subcontractor or vendor as a result of such direction by the contracting
agency, the Administrator may request the United States to enter into such litigation to
protect the interest of the United States.
8. The Administrator shall not discriminate in solicitations or advertisements for employees
placed by and on behalf of the Administrator or against any employee or applicant for
employment because of race, color, age, sex,religion, national origin,place of birth,
ancestry, handicap, or familial status.
ARTICLE 16
HUD/DCA AUDITS
If HUD or DCA finds that any sums received by the Administrator are unreasonable, then those
sums shall be refunded by the Administrator to the Local Government as required by 24 CFR, Section
570.200. Administrator agrees to reimburse to the Local Government any funds expended for
transactions approved by the Administrator which are disallowed by the Florida Community
Development Agency(FCDA) due to the malfeasance, misfeasance, or nonfeasance. All records will be
made available to the Local Government auditors at their request as pre-audit and post-audit requirements.
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ARTICLE 17
ADMINISTRATOR'S NOTICE
REGARDING LEGAL FEES,ADVERTISING AND AUDITS
It is understood between the Local Government and the Administrator that the Administrator will
not be responsible for Project legal fees, advertising or audit costs associated with the Project.
ARTICLE 18
SOURCE OF FUNDING
The sole source of payment for this Agreement is the funding received through the Community
Development Block Grant program and/or portion of any funding grants leveraged from it. The
obligations of both parties to this Agreement are contingent upon the funding of the Project Agreement by
annual appropriation of the Legislature.
ARTICLE 19
ENVIRONMENTAL COMPLIANCE
If the compensation to be paid under this Agreement exceeds $100,000.00, the Administrator shall
comply with all applicable standards, orders, or requirements issued under Section 306 of Clean Air Act
(42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and the
U.S. Environmental Protection Agency regulations (40 CFR Part 15). The Administrator shall include
this clause in any subcontracts which exceeds $100,000.00.
ARTICLE 20
ENERGY EFFICIENCY
The Administrator shall comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan in compliance with the Energy Policy
and Conservation Act(Public Law 94-163).
ARTICLE 21
ADMINISTRATOR'S NOTICE
REGARDING ENGINEER OR ARCHITECT
It is understood between the Local Government and the Administrator(s) that the Administrator(s)
will not be responsible for any Federal, State, or Local requirements that must be completed and
supervised by the engineer and/or architect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this 21 St day of
January 2003 .
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
ATT T: BY:
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DEPUTY CLERK ' Indian River unty Kenneth R. Nfacht, Chairman
BCC Approved: January 21 , 2003
ATTEST: BY:
Kaye Vicker, Fred Fox Enterprises, Inc. Fred D. Fox, President,
Fred Fox Enterprises, Inc.
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County Administrator Admin.
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SWORN STATEMENT UNDER SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with the Enterprises General Administration Agreement for Fred Fox, Inc.,
and Indian River County.
2. This sworn statement is submitted by Fred Fox Enterprises,Inc.whose business address is 330 St.Johns
Avenue,Palatka,Florida 32177, and(if applicable)its Federal Employer Identification Number(FEIN) is
59-2443697.
3. My name is Fred D. Fox,and my relationship to the entity named above is President of the Corporation.
4. 1 understand that a"Public Entity Crime"as defined in Paragraph 287.133(1)(g), Florida Statutes,means a
violation of any state or federal law by a person with respect to and directly related to the transactions of business
with any public entity or with an agency or political subdivision of any other state of with the United States,
including,but not limited to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other stat or of the United States and involving antitrust, fraud,theft,bribery,
collusion,racketeering, conspiracy, or material misrepresentation.
5. 1 understand that"convicted" or"conviction" as defined in Paragraph 287.133(l)(b),Florida Statutes,means a finding
of guilt or a conviction of a public entity crime,with or without adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information after July 1, 1989,as a result of a jury verdict,non jury
trial,or entry of a plea of guilty or nolo contendere.
6. 1 understand that an "affiliate"as defined in Paragraph 287.133(1)(a),Florida Statutes,means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2.An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term"affiliate"includes those officers, directors,
executives,partners, shareholders,employees,members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among person when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
7. 1 understand that a"person"as defined in Paragraph 287.133(1)(e),Florida Statutes,means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term"person" includes those officers, directors, executives,partners, shareholders, employees,members,
and agents who are active in management of an entity.
.ry
8. Based on information and belief,the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Please indicate which statement applies.)
XX Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, nor any
affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July, 1,
1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees,members, or agents who are active in management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989,AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the State of
Florida,Division of Administrative Hearings. The final order entered by the hearing officer did not place
the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final
order entered by the hearing officer determined that it was in the public interest to remove the person or
affiliate from the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not between placed on the convicted vendor list. (Please describe any
action taken by or pending with the Department of General Services.)
Fred D. Fox(Signature)
Date:
STATE OF FLORIDA
COUNTY OF PUTNAM
PERSONALLY APPEARED BEFORE ME,the undersigned authority,Fred D.Fox,who, after first
being sworn by me, affixed his signature in the space provided above on this aUPday of 'De e e ro h e r ,
2002.
NOTARY PUBLIC
M Commission Expires: �Wft
Y P a4 CATHERINE E.TUCKER
11MY COMMISSION# DD 155976
"�o►a'4°� EXPIRES:October 8,2006
1.8043-NOTARY FL N—y Semoe 8 gang,Inc.
COST SUMMARY FOR NEGOTIATED CONTRACTS
GRANTEE: Indian River County
GRANT NUMBER: #03DB-
NAME AND ADDRESS Fred Fox Enterprises, Inc.
OF CONTRACTOR: P. O. Drawer 2017
Palatka, Florida 32178-2017
DATE OF PROPOSAL: December 14, 2001
TYPE OF SERVICE TO
BE FURNISHED: CDBG Grant Administration
COST SUMMARY:
DIRECT LABOR: Estimated hrs x hrly rate= estimated cost
Consultant/Director 900 hrs x $25. _ $22,500.00
Clerical Staff 700 hrs x $12. _ $8,400.00
Project Coordinator 1800 hrs x $20.00= $36,000.00
DIRECT LABOR TOTAL: $66,900.00
INDIRECT COSTS: Fringes, G&A, etc., rate x base= cost
Fringes 35%x 66,900.00 = $23,415.00
INDIRECT COST TOTAL: $ 23,415.00
OTHER INDIRECT COST: describe
N/A
OTHER INDIRECT COST: $ .00
TOTAL ESTIMATED COST: $ 90,315.00
PROFIT: $ 4,585.00
TOTAL PRICE: $94,900.00
PAPERS Application and Agreement /
Paperless Document Management System '
(Complete both forms for each PAPERS User)
Name of PAPERS User:
Prefix: Mr -First: Robert Middle:M Last: Keating
Title: Community Development Dir .
Organization Name (if appropriate) Indian River County
Address:
1840 25th Stree�"e City or County if local Gov)
City: Vero Beach 32960
Phone: (772) 567-8000 xt . Zip'
Fax: (772) 978-1806
Representing (local government): Indian River County
Address Where PAPERS Computer is located: 1840 25th Street Vero Beach , FL 32960
Do you currently have access to the PAPERS program in conjunction with the Dept of
Emergency Management? Yes _ XX No
If yes, do you have Entrust electronic signature? N/A
Will you (your position) need electronic signature for signing Request for Funds,
Amendment Requests, etc? X Yes No Comments:
Use Agreement:
I agree that I will only use the PAPERS system to submit and exchange documents with the
Department of Community Affairs for the local govemment identified above. I will not attempt
to view or modify any other documents relating to other local governments in the system. I
further agree not to install additional copies of the Adobe Acrobat software or Entrust software
without the written permission and authorization of the Department of Community Affairs. I
also agree to Abide by the Adobe Acrobat licensing agreement and the Entrust Licensing
agreement. Failure to abide by the terms of this agreement will result in the termination of
rights and abilities to use the PAPERS system.
Local Government Statement: I hereby authorize Robert M . Keating
to participate in PAPERS on our behalf for the purposes of the CDBG Program. (Name of
individual or consultant) /
Signature of PAPERS User: /. ATE:
(Consultant or local government R RS Us )
4
Signature of Local Government CEO DATE: 1/21/03
Ver: 12/13/02 nneth R. Macht, Chairm n
DCA USE ONLY: I approve this individual for PAPERS and the Enterprise Information System:
Colleen Matthews Date
Libby Lane Date
Comments: Steve Grantham/Terresa Grosvenor Date
PAPERS Application and Agreement
Paperless Document Management System
(Complete both forms for each PAPERS User)
Nameof PERS User-;
Prefix:: First: Middle: Last: bVV11
C
Title: lq6t�lt.6.l_
Organization Name (if appropriate) 7:JF44�'1'4
(Us City or County if loc Gov)
Address: l ,t Z
City: �1✓o � cl� L zip:
Phone: / — �x7` 1L57
Fax: �'777Q
Representing (local government): __ �ty� !✓�-�( sn �l
Address Where PAPERS Computer is located:
Do you currently have access to the PAPERS program in conjunction with the Dept of
Emergency Management? Yes V No
If yes, do you have Entrust electronic signature?
Will you (your position) need pfectronic signature for signing Request for Funds,
Amendment Requests, etc? Yes No Comments:
Use Agreement:
I agree that I will only use the PAPERS system to submit and exchange documents with the
Department of Community Affairs for the local government identified above. I will not attempt
to view or modify any other documents relating to other local governments in the system. I
further agree not to install additional copies of the Adobe Acrobat software or Entrust software
without the written permission and authorization of the Department of Community Affairs. I
also agree to Abide by the Adobe Acrobat licensing agreement and the Entrust Licensing
agreement. Failure to abide by the terms of this agreement will result in the termination of
rights and abilities to use the PAPERS system.
Local Government Statement: I hereby authorize r � �, ���✓lit
to participate in PAPERS on our behalf for the purposes of the CDBG Program. (Name of
individual or consultant)
cx"'
Signature of PAPERS User: DATE:
(Consultant or local government PAPE;�e�*eth
ser
Signature of Local Government CEDATE:1/21/03
Ver. 12/13/02 R. Macht, Chairman
DCA USE ONLY: I approve this individual for PAPERS and the Enterprise Information SYstem:
Colleen Matthews Date
Libby Lane Date
Steve Grantham/Terresa Grosvenor Date
Comments:
Q -old.
CDBG
Standard Housing Assistance Plan
For
Indian River County
Revised 1/21/03
1
r �
TABLE OF CONTENTS
Page
I. Introduction 3
II. Housing Rehabilitation Objectives and Policies 3
a. Objectives 3
b. Rehabilitation Policies 3
c. Identification of Units 4
d. Removal of Units from Program 5
III. Conflict of Interest 5
IV. Housing Rehabilitation Financing 6
a. Deferred Payment Loans (DPL) 6
b. Scope of Rehabilitation Assistance 7
V. Qualifications 7
a. General 7
b. Household Income g
VI. Structural Requirements g
a . General g
b. Structural Integrity 9
c. Cost Feasibility 9
VII. Procedures 10
a. Application and Inspection 10
b. Bidding 10
c. Contracting and Rehabilitation 11
d. Inspections 12
e. Change Orders 12
f. Payment 12
g. Disputes and Contract Termination 14
h. Follow-up 14
VIII. Clearance/Permanent Relocation/Demolition Relocation 14
a. General 14
b. Clearance 14
c. Temporary Relocation Assistance 14
d. Permanent Relocation/Demolition Relocation 15
e. Differences 15
IX. Contractor Listing 16
a. Recruiting 16
b. Contractor Eligibility 16
c. Disqualification 17
X. Relocation/Displacement 18
XI. Appeals/Complaints 18
XII. Program Income 19
XIII. Property Acquisition Policy 19
a. Voluntary 19
b. Non-Voluntary Acquisition Plan 20
c. Timing/Planning 20
Appendix A- Point Values to be Used in Ranking Applications 22
Appendix B - Section 8 Income Limits 23
2
Department of Community Affairs
Enterprise Business Application
(Complete both forms for each PAPERS User)
Part 1 - Organization Information
Organization Code:[? 1 (County-use FIPS code, for cities - numeric descriptor)
FEIN Number : '-75q—
(Government and Non-government - federal identification number (FEIN), Individuals -
social security number) . , ?
1
Organization Name: �'t' �a vim' "14-
Address Line One: h
Address Line Two
City: _
County:
State:
Zip: �l
Zip Plus:
Country (United States or other): IV,-3.
Organization Web Site: WwW.i rCao
Organization Description:,
Business Sector (Local Government or Priva •e For-Profit): c-air�roZ -✓ r�
Part 2 - Contact Person (PAPERS User)
Name Prefix: /W.
First Name:
Last Name: m�✓�
Middle Initial:(Optional) f
Name Suffix:(Optio al
Position Title: sr
Alternate Address Li ne:
(If different than above)
Alternate Address�ine Two:
Business Phone: C 772) -5i--7—�sGGt?
Business Extension:(Optional) /Z57
Alternate Business Phone:(Optional)
Business Fax:(Optional)C! 72�"7 7--�jr
Alternate Business Fax:(Optional)�`77� -770 X 31
Mobile Phone:(Optional)
Mobile Pager:(Optional)
E-Mail:(Required)
Alternate City: J (If different than above)
Alternate County:
Alternate State:
Alternate Zip:
Alternate Zip Plus:
Alternate Country:
Signature of PAPERS User: DATE: 101(n
(Consultant or local government PAPRS ser)
Signature of Local Government C O DATE: 1/21/03
Kenneth R. Macht,_ Chailvrman
DCA USE ONLY: I approve this individual for PAPERS and the Enterprise Information System:
Colleen Matthews Date
Libby Lane Date
Steve Grantham/Terresa Grosvenor Date
Comments:
` f
I. INTRODUCTION
This manual is a guide for operating the housing rehabilitation related aspects of the Indian River
County Community Development Block Grant (CDBG) Program. The responsibilities of Indian
River County, the homeowner, construction contractor and the Housing Rehabilitation Specialist
are specifically addressed in this manual. The major focus of this manual is on housing
rehabilitation, demolition/clearance and replacement of dwellings. Relocation of households is
also covered to a limited extent. The Anti-displacement policy should be consulted if
displacement or permanent relocation becomes necessary.
The goal for the CDBG program is to rehabilitate substandard units located in Indian River
County and to bring them up to a minimum acceptable living standard. This standard is the
HUD Section 8 Minimum Housing Quality Standard and the Florida Building Code. This goal
will be achieved through the use of CDBG funds to contract for the required rehabilitation
construction. The rehabilitation units to be assisted shall be owner-occupied.
II. HOUSING REHABILITATION OBJECTIVES AND POLICIES
A. Objectives
The objectives of the Indian River County Housing Rehabilitation Program are:
1. To encourage the revitalization of low-to-moderate income neighborhoods
through a Housing Rehabilitation Deferred Payment Loan (DPL) Program.
2. To remove unhealthy or hazardous conditions in low-to-moderate income
households.
3. To use Community Development Block Grant rehabilitation grant funds as a
catalyst to encourage residents of low-to-moderate income neighborhoods to
improve their community.
4. To preserve existing housing stock.
5. To enable low-to-moderate income families to rehabilitate their homes by
providing financial and technical assistance to those unable to obtain private
financing.
6. To reduce utility costs and to improve the comfort of low-to-moderate income
families through weatherization aspects of rehabilitation.
7. To improve the property tax base in low-to-moderate income neighborhoods.
8. To increase employment and training opportunities for local residents and
minority persons through the provision of funds for the rehabilitation of homes.
9. To make homes accessible to elderly/handicapped occupants as may be required
by code, accessibility requirements and as good judgement may dictate.
10. To minimize impact of program participation on recipients and to limit direct
costs encountered because of program participation.
B. Rehabilitation Policies
It is the policy of the Indian River County Rehabilitation Program to:
3
l
1. Assure that the Program is administered in strict conformance with the
community development and rehabilitation rules and all applicable local, state and
federal requirements (including equal opportunity, conflict of interest, etc.)
2. Treat all participating property owners, residents, and contractors fairly, with
sensitivity and respect for their needs, and in accordance with program rules.
3. Provide all program participants any reasonable assistance necessary to carry out
the objectives of the program, bearing in mind:
a. That property owners hold the primary responsibility for maintaining their
property and personal finances.
b. That contractors are primarily responsible for the quality of their work and
their obligations to suppliers, creditors, subcontractors and employees; and
C. That any assistance provided must be authorized at the proper level.
d. Assure that no member of the Congress of the United States, the Citizen
Advisory Task Force or the Indian River County Board of County
Commissioners shall share in proceeds or benefits of CDBG funded
rehabilitation work.
e. Allow some flexibility in administering the program in order to meet the
program's goals and objectives of rehabilitation each addressed dwelling
to attain HUD Section 8 Minimum Housing Quality Standards and the
Florida Building Code. The Indian River County Board of County
Commissioners may waive program rules only when the result will be
consistent with established goals and objectives, and applicable federal,
state or local regulations.
C. Identification of Units
Housing Rehabilitation will take place only on units approved by Indian River County
and in accordance with grant requirements established by the State of Florida. Alternate
units may be provided to replace any primary units that may become ineligible.
To select participants in both the Rehabilitation and Permanent Relocation Activities, the
following steps will be taken:
1. A display ad will be placed in one or more local newspapers of general circulation
advising local citizens of the availability of grant funds and establishing a
convenient time and place for interested citizens to obtain information and pick up
application forms to allow them to be considered for inclusion in the program.
Applications will be accepted by the County for a minimum of twelve (12)
calendar days after the notice is placed.
2. Notification by mail will be sent to owner-occupants of housing units identified
by staff as being substandard.
3. Applicants who have applied for but not yet received county SHIP rehabilitation
assistance will be contacted and asked to submit an application.
4
Indian River County will review applications received using the following selection criteria:
1. Has the recipient previously been furnished assistance and if so,
when and under what circumstances? A former recipient cannot be assisted for
five years and should not be served again until all other eligible recipients have
received assistance.
2. Number of persons in the family and the family income.
3. Type of construction (i.e. block, wood frame, etc.), state of deterioration of the
residence and estimated cost to rehabilitate as compared to 1) average residence
cost calculated in the application and 2) the value of the residence after
rehabilitation. Assistance for mobile, manufactured housing, and rental housing
will not be included in this program.
4. Location of the residence with reference to defined areas, i.e., floodplain, zoning,
incompatible use, etc.
5. Compatibility(consistency) of the proposed residence rehabilitation with the local
comprehensive plan and/or land development regulations.
6. Is the recipient current on payments to the local government (i.e. garbage/trash
bill, utility bills, taxes, etc.) and mortgage/lien holders?
7. maintenance to protect and enhance the investment by meeting local nuisance,
trash, and other environmental or health codes.
8. Does the recipient have clear title to the property?
9. Is the structure more than 50 years old? The applicant shall indicate on the
application for assistance whether to his/her knowledge the structure is older than
50 years old. If he/she answers yes, or if other evidence suggests the structure is
more than 50 years old, Indian River County must notify the State Bureau of
Historic Preservation and receive written approval for the rehabilitation.
10. In addition to the above, the following priority ranking in Appendix A shall be
strictly adhered to in the selection of qualifying applicants.
D. Removal of Units from Program
The Citizen Advisory Task Force may remove a housing unit from the program for a change in
household income, approved selection criteria, or for not complying with the minimum
qualification procedures. If it is determined that it is necessary to remove an applicant from the
program, a certified letter will be sent to the applicant stating the reasons for the removal. The
applicant will have the right to appeal the decision.
III. CONFLICT OF INTEREST
Although addressed in other places in this Policy, adherence to rules and regulations on the
matter of conflict of interest is mandatory. All applicants that may have a business or familial
relationship with a member of the Indian River County Board of County Commissioners, Citizen
Advisory Task Force Committee members, Housing Rehabilitation Specialist, Program
Administrator, or participating construction contractors must fully disclose this relationship on
the Application and definitely before a construction contract is executed. In addition, all
beneficiary names must be disclosed at the regular meetings of the Indian River County Board of
County Commissioners and the Citizen Advisory Task Force (CATF) as selection of
beneficiaries occur and these names must be included in the minutes of both the Council and the
CATF meetings. Indian River County Board of County Commissioners and CATF members
must disclose any relationship with an applicant and must abstain from any vote related to that
5
applicant. As soon as a final ranking of the applications is made, that ranking and any cases of
conflict of interest must be made known at a meeting of the Indian River County Board of
County Commissioners. Before an applicant with a potential or real conflict is given final
approval for participation, the Indian River County must notify the Department of Community
Affairs (DCA) in writing. Prior to any rehabilitation, Indian River County must receive written
notification of DCA's approval of the application, in accordance with 24 C.F.R. Section 570.489.
If this process is not followed the local government and/or the applicant may be liable for
returning the funds to the program.
IV. HOUSING REHABILITATION FINANCING
The Housing Rehabilitation Program provides financing to homeowners in the form of 100%
Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a
contingency reserve.
A. Deferred Payment Loans (DPL)
Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable
or unlikely to obtain conventional financing due to their income limits. The Deferred Payment
Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the
homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her
primary residence within five years of the date of the DPL, or fails to maintain reasonable
required standards of care and maintenance. During the five-year period, the principal is
"forgiven" or subtracted from the principal balance in equal monthly amounts, so that at the end
of the fifth year of owner occupancy (by at least one of the recipients if owned jointly), the loan
is fully amortized. There is no interest charged during the five years.
In the event that the sole owner dies or all owners die within the five-year loan period, repayment
of the loan will not be required.
If repayment of a DPL becomes due, the prorated principle balance will be due in full within
thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at
the property. If the owner is unable to make such payment, the Indian River County Board of
County Commissioners may, at their discretion, allow repayment of the DPL over a term not to
exceed ten (10) years, at a yield of not more than six percent(6%) interest per annum.
Homeowners whose household incomes do not exceed the HUD Section 8 low-to-moderate
income limit will receive a Deferred Payment Loan for 100% of the cost of rehabilitation.
The Maximum DPL for an owner-occupied single family dwelling is $40,000. The owner-
occupied units in a two to four unit dwelling may receive a DPL of up to $30,000 per unit.
If rehabilitation costs require more than $40,000 and the owner is unable to finance the
additional cost, the dwelling unit may be disqualified unless alternative funding is available.
Grant application scoring indicates an average rehabilitation amount that is to be attained. Very
high costs frequently adversely impact other units planned for rehabilitation, therefore the ability
to maintain the necessary average must enter into the decision process.
6
s ,
As a general policy, a contingency amount of about 10% should be placed on reserve for change
orders. Exception may be made to this rule if the owner provides a firm commitment to pay for
all required changes exceeding the authorized loan limit, or if the Administrator determines that
the situation does not require a contingency fund.
B. Scope of Rehabilitation Assistance
CDBG financing of housing rehabilitation is available for the following purposes:
1. Correcting local housing code (Florida Building Code) and Section 8 standard violations;
2. Providing cost effective energy conservation features;
3. Provide reasonable repairs and modifications to make the dwelling accessible to
handicapped and elderly occupants as necessary and technically feasible; and
4. Correcting health and/or safety violations that may be present, including replacement of
dilapidated or malfunctioning stoves or refrigerators and interim controls or abatement of
lead-based paint hazards.
New construction (adding a room or closing in a carport, etc.) is eligible for rehabilitation
financing only to eliminate over-crowding or to provide bathroom or laundry hook-ups. General
property improvements are eligible for program funds when necessary to obtain an accurate level
of utility, to decrease high maintenance costs, or the elimination of blight. Examples of eligible
general property improvements include installation of cabinets and linen closets, functional
changes in room layout, replacement of unapproved or damaged floor covering, and enclosure of
a porch for use as a bathroom where the dwelling does not have adequate interior space.
Some general property improvements may be provided at the owner's expense. For example, air
conditioners are not eligible for program financing unless required for medical reasons.
However, if the heating system must be replaced, the owner may pay the difference between the
recommended heating system and a system that provides air conditioning as well. Other
additional improvements, above those required to achieve minimum standards, are optional and
at owner expense. The cost for any such improvements shall be borne totally by the owner who
must deposit the funds with the local government before the improvements begin if the
improvements are to be a part of the rehabilitation contract.
General property improvements that are paid for by the property owner must be included in the
Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation
Program. However, ineligible new construction must be contracted separately. The property
owner must also deposit the necessary funds to cover the additional improvements into the local
government's program account. This must be done prior to construction. Furthermore, any
construction not covered in the construction contract will be inspected by the local Building
Inspector, but will not be inspected by the Housing Rehabilitation Specialist.
V. QUALIFICATIONS
A. General
In order for a homeowner to be eligible for rehabilitation assistance, the following criteria must
be met:
7
• t �
1. Total household income must not exceed the low-to-moderate limits set for the HUD
Section 8 program at the time assistance is provided.
2. The owner must possess and provide clear title to the property, although is may be jointly
owned and the property may be mortgaged. Ownership through life estate, or other legal
satisfactorily documented ownership is considered satisfactory for program participation.
Providing proof of title is an owner responsibility and expense.
3. The owner must reside in the dwelling to be rehabilitated at the time of application.
4. Property tax, mortgage payments and utility bills must be current and ownership must not
be jeopardized by any other threat of foreclosure, default or clouded title.
5. The property must be fully insured for flood insurance, if the home is in the 100-year
floodplain. Any unit to be addressed with rehabilitation funds must be elevated to at least
one foot above base flood elevation(or to local code) whichever is greater.
6. All applicants that may have a business or familial relationship with a member of the
Indian River County Board of County Commissioners, the Citizen Advisory Task Force
Committee members, Housing Rehabilitation Specialist, Program Administrator and
participating construction contractors must fully disclose this relationship at the time of
the application, at the point in time in which the conflict occurs and definitely before a
construction contract is executed.
7. If a boundary survey is required, the owner is responsible for providing necessary proof
or documentation at the owner's expense.
8. Residents and owners of rental property are not eligible to participate in the program.
B. Household Income
The following rules are applicable in determining household income:
1. The gross income of all household members occupying the dwelling is included in
calculating household income. However, wages earned by dependent minor children
(under 18) are not included in total.
2. Occupants of a dwelling who are not related to or dependent upon the owner(s) are not
considered as part of the owner's household.
3. Rent or other household support contributed by non-household occupants of a dwelling is
included in household income.
4. The owner's assets, with the exception of the home in which he/she resides and personal
property such as an automobile, will be considered in determining eligibility. The actual
annual income from the asset will be calculated as part of the total household income.
Inclusion of such assets, if any, will be in strict accordance with 24 CFR 813.106 and any
current modification thereof.
VI. STRUCTURAL REQUIREMENTS
A. General
In addition to owner eligibility requirements for participation in the Housing Rehabilitation
Program,the dwelling must be:
1. Below Section 8 Minimum Housing Quality Standards; and
8
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� A
2. Feasible for rehabilitation. In order for a house to be considered feasible for
rehabilitation, proposed construction must:
a. correct all violations of the local housing code and Section 8 standards;
b. provide interim controls or abatement for lead-based paint hazards for structures
constructed prior to 1978 that will be assisted by the program. The occupants will
be notified of the hazards of lead-based paint, the symptoms and treatment of lead
poisoning, how to avoid poisoning, lead level screening requirements and
appropriate abatement procedures;
C. meet applicable local zoning requirements, as well as local, state and federal
housing code requirements for rehabilitation work;
d. leave at least 20% of the original structure based upon the formula provided in
this chapter;
e. not exceed the program costs noted in this document; and
f. be made reasonably accessible to handicapped/elderly occupants, when the unit is
occupied by such. Air conditioners will only be provided when a member of a
household produces a letter from a medical doctor actively treating this person for
a respiratory condition requiring air conditioning. The letter must state that the
person requires the air conditioner for the respiratory ailments.
g. New construction or substantial improvement of any residential building located
within the 100 year floodplain shall have the lowest floor, elevated no lower than
(1) foot above the base flood elevation (or per local code). Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided.
B. Structural Integrity
Rehabilitation requires that at least 20% of the original structure remain after construction, based
upon the following formula. Three (3) major components of the house are considered, with each
component weighted to total 100% of the structural value of the house. These components and
ratios are: roof- 20%, exterior walls—60%, and flooring system—20%.
This calculation will be performed by the Housing Rehabilitation Specialist. Should significant
deterioration occur between application and time the unit is scheduled for rehabilitation, the unit
will be re-evaluated for continued eligibility and a decision made by the Housing Rehabilitation
Specialist whether to replace it with an alternate unit or to request a change in type of
rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract
amendment requirements.
C. Cost Feasibility
As an additional means of guarding against program penalties for substantial reconstruction of a
dwelling, the following cost limits are applicable to all rehabilitation areas. These limits are
above the allowable CDBG financing limits, and assume requirements for owner contributions or
leveraging, but must be specifically approved by the Indian River County Board of County
Commissioners as exceeding the described limits.
$40,000 per single family detached house
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$30,000 per unit of a two-to-four unit complex
In addition, the cost of rehabilitation and improvements may not exceed the after-rehabilitation
value of the dwelling. For site-built dwellings, the total cost of rehabilitation (plus other
improvements, if any) may not exceed $40 per square foot of dwelling space, excluding septic
tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be
assumed to meet the cost/value limit.
VII. PROCEDURES
A. Application and Inspection
Each property owner who applies for rehabilitation assistance is initially screened to determine
whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then
conducted to determine feasibility of rehabilitation.
If either the owner or the structure does not meet eligibility requirements for program
participation, the Housing Rehabilitation Specialist will reject the application. A written
rejection notification will be sent to the owner via certified mail and the local government
designated representative within ten (10) days stating the reason for rejection.
If both the owner and the house appear to be eligible for program participation, the
application/verification process continues. A work write-up with cost estimate is developed by
the Housing Rehabilitation Specialist and approved by the property owner. The cost estimate for
the job is considered confidential information until bid opening.
If special financing arrangements (such as the owner covering excessive costs or general
property improvement) are required or anticipated, arrangements must be made prior to bidding
to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary
approvals, bids are solicited for the job.
B. Bidding
Bidding of potential cases is conducted by the Housing Rehabilitation Specialist. Owners review
the pre-approved list of eligible contractors before their cases are sent out for bids. Owners have
the right to remove any contractor(s) from the list of prospective bidders for their case, as long as
at least three (3) eligible contractors are allowed to bid. The owner must be willing to justify the
removal of contractor(s) as bidders. If these owner-requested contractors submit the contractor
application and are approved by the designated representative and are otherwise eligible, they
may be added to the bidders list and bid on the case. The administrator makes maximum effort
to ensure participation by minority contractors.
No housing unit owner, or occupant, or employee or immediate relative of the same, either
personally or corporately, shall serve as a contractor or sub-contractor to be paid with CDBG
funds for the rehabilitation of said building, nor shall they be paid for their own labor with
CDBG funds for the rehabilitation of said building.
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A notice is sent to each eligible bidder to inform them of the job. Bidding notices will be posted
at primary governmental buildings to the maximum practical extent. Newspaper advertising for
individual jobs will not be performed, as contractors must be pre-qualified.
Each contractor must attend a pre-bid conference held at the house to be rehabilitated, or inspect
the house under the owner's supervision. Failure to do so will result in automatic rejection of
his/her bid(s) for the house(s).
Sealed bids will be opened at a public bid opening. The Housing Rehabilitation Specialist will
generally recommend that the contract be awarded to the lowest responsible bidder within plus or
minus fifteen percent (15%) of the cost estimate. The Indian River County and owner reserve
the right to reject any and all bids and to award in the best interest of the owner and Indian River
County.
Each contractor must satisfactorily complete one job through the Housing Rehabilitation
Program before receiving any additional contracts. No contractor will be allowed to have more
than two (2) jobs under construction at one time without consent of the local government
designated representative unless:
1. The anticipated date of commencement is after the scheduled, and estimated, date
of completion of current jobs; or
2. The contractor has demonstrated, through past performance, his/her ability to
satisfactorily complete multiple contracts in a timely manner thereby causing no
impact on project and program completions.
This rule may be waived by the Indian River County Board of County Commissioners if it is
determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or
if other extenuating circumstances arise.
C. Contracting and Rehabilitation
The Housing Rehabilitation Specialist presents each case to the Indian River County Affordable
Housing Loan Review Committee before the DPL and contract are signed. The DPL amount,
contract amount, contractor and owner eligibility are all approved by the designated
representative.
The rehabilitation contract is executed between the homeowner and the contractor when the
rehabilitation DPL is closed, with a three (3) day rescission period running simultaneously for
both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the Community
Development Director authorized to act on behalf of the Indian River County Board of County
Commissioners.
The DPL and the Notice of Commencement are recorded immediately. The Program pays for
recording of the Agreement. The filing of the Notice of Commencement shall be the
responsibility of the county.
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The Notice to Proceed is issued to the contractor as soon as possible after the rescission period
elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be
delayed until the house is vacated. The contract time of performance (generally 30-45 days)
begins with issuance of the Notice to Proceed.
D. Inspections
Periodic inspections of the rehabilitation construction are performed by the Indian River County
and the Housing Rehabilitation Specialist throughout the contract period. These inspections are
conducted to assure compliance with the contract standards for workmanship and materials, to
detect any unauthorized deviations and to identify necessary changes to the contract work in its
early stages.
Inspection and approval of completed work must be conducted by the Housing Rehabilitation
Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of
the work is also required before payment is received.
E. Change Orders
Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price
must be approved in a written change order before the additional work is started. The change
order is executed by the owner and contractor and is approved by the Housing Rehabilitation
Specialist and the Community Development Director. Change order may be issued to correct
code deficiencies or to obtain any other desired change in the work. CDBG funds can only be
used for change orders that correct code violations. Other changes will be at the owner's
expense.
F. Payment
Contracts of $10,000 or less will not be paid until the contractor has completed the job.
Contracts in excess of$10,000 allow a partial payment upon satisfactory completion of 60% of
the work, with a retainage of 20% of the completed amount. Completion of 61%-90% of the
work allows a partial payment, less a retainage of 20% of the full contract amount. Depending
on extenuating circumstances and contract balance, a second partial payment may be authorized
at the recommendation of the Housing Rehabilitation Specialist, the Community Development
Director and the Administrator.
Construction Completion Payment Schedule Percentage of Funds Paid
Less than 60% 0%
60% 40%
100% 80%
100% After Certificate of
Occupancy is issued, all punch
list items are completed.,and
owner satisfaction letter is
obtained— 100%
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4P
Approval of a partial payment requires:
1. a determination by the Housing Rehabilitation Specialist and the Community
Development Director that the claimed percentage of completion of the work has been
satisfactorily completed. Payment will be issued for the amount claimed less retainage
depending on the physical progress as long as the contract funds remaining are sufficient
to complete the work in the event of default by the contractor;
2. approval of the work by the owner; and
3. an affidavit from the contractor stating that either:
(a) there are no claims for unpaid goods and/or services connected with the job and all
laborers, suppliers and subcontractors have received just compensation for their goods
and services up to the date of the request (as evidenced by full or partial waiver of lien
from subcontractors); or
(b) a list of all unpaid parties and the amounts owed to each has been submitted with the
request.
The final payment approval requires:
1. acceptance of all work by the property owner, the Housing Rehabilitation Specialist and
the Community Development Director;
2. submission of all manufacturers' and other warranties (i.e., appliances, roofing,
extermination, contractor's warranty covering the entire job for one year, etc.);
3. waivers of liens from all subcontractors, all parties who were not paid when the
contractor received partial payment, and from any other party supplying notice;
4. a certificate of occupancy or final approval from the Building Inspector to show
compliance of the rehabilitation work with the locally adopted building (and other
applicable) code requirements;
5. completion of all punch list items; and
6. an affidavit from the contractor stating that all bills have been paid and there are no
claims for subcontracted jobs or materials, or any outstanding Notice to Owner.
If the owner refuses to authorize payment due to a dispute with the contractor, the Program
Administrator may recommend disbursement without the owner's approval if the claim is shown
to be without merit or inconsistent with policies and the goal of the program. Such disbursement
shall be issued only after the Program Administrator has reviewed the facts and circumstances
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involved in the dispute and has determined that the owner's refusal to issue payment is without
just cause. A record of all pertinent information shall be presented to the Citizen Advisory Task
Force for their final determination. Sufficient documentation to this effect shall be placed in the
case file.
G. Disputes and Contract Termination
Disputes, the owner's right to stop work, and termination of the contract by the owner or
contractor shall be as authorized in the Contract for Rehabilitation.
H. Follow-Up
After completion of the contract, it is the owner's responsibility to notify the contractor in
writing of any defect in the work or material. The owner is also requested to notify the Housing
Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so
assistance in follow-up can be provided. If the contractor does not respond to the owner's
written complaint within a reasonable time frame and in a satisfactory manner, the Administrator
will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she
will send written request for warranty service to the contractor and a copy to the Community
Development Director. The contractor will then take action as monitored by the owner and the
Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has
been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in
the case file. Failure to resolve complaints shall be justification for removing a contractor from
participation with the program.
VIII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION
A. General
Permanent Relocation and/or Demolition Relocation are synonymous terms used in the
rehabilitation program when a home is unsound and not suitable for rehabilitation based on the
structural integrity criteria. Homeowner eligibility requirements are the same as for
rehabilitation. Further policies are included in the local Anti-displacement and Relocation
Policy.
B. Clearance
Requirements are identified by the Housing Rehabilitation Specialist and are included in the
replacement unit bid package. In this way, the same contractor is responsible for site clean-up
and preparation as for provision of the replacement unit. Disposal of debris and associated
activities are also included if this method is utilized. When demolition or clearance is conducted
separately, bid packages are prepared with procedures following those identified for
rehabilitation in this manual.
C. Temporary Relocation Assistance
Temporary Relocation Assistance addresses payment to homeowners who have to vacate their
residences during the rehabilitation or replacement of their homes. The relocated households are
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encouraged to stay with family and friends during rehabilitation activities. The purpose of the
relocation payment is to assist the person(s) the homeowner is staying with in the payment of
monthly utility fees. The payment will be $75.00/month for a family of three or less, and
$125.00/month for a family of four or more. These payments are only for the period of time the
homeowners cannot live in their residences.
D. Permanent Relocation/Demolition Relocation
This activity involves replacement of an eligible owner occupied unit that is not economically
feasible to repair. The Indian River County Board of County Commissioners will decide with
the Housing Rehabilitation Specialist on a case-by-case basis whether to utilize a slab "site built"
of wood or concrete block construction as a replacement unit. Decision items will include
budget, zoning, replacement requirements, cost estimates, and a number of other items that may
vary case-by-case.
Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications and
plans (if necessary) based on owner input from review of available plans. Bidding contracting
and inspections then proceed as in the rehabilitation process.
E. Differences
1. A major difference in this type of rehabilitation assistance is that the DPL issued is not
for the full value of the replacement unit. The value of the DPL is based on a calculation
that takes the difference between the assessed value of the original unit (real property not
included) and the actual cost of the new unit (without real property). The difference is
the value of the DPL. This is because the dilapidated unit that was demolished belonged
to the owner and is being replaced on a one-for-one basis. Ownership of the replacement
unit is vested directly to the owner with no interest on the part of the local government
(except for the DPL).
2. Program disbursements are made from the local CDBG operating account. As a result,
attention must be paid to the ordering and receipt of funds, to ensure that disbursements
are made in a timely manner and that the federal three-day rule is not violated.
3. The homeowner must maintain fire and casualty insurance on the replacement unit for the
period of the DPL. This protects the local government's investment, is sound practice,
and equalizes the program to that of rehabilitation.
4. Cost feasibility limits are based on number of bedrooms to be provided for site built
homes. These limits that may not be exceeded without approval from the Indian River
County Board of County Commissioners are:
(a) four or more bedrooms - $57,000
(b) three bedrooms - $55,500
(c) two bedrooms - $52, 500
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If the existing home is inadequately sized, the replacement home will be sized to include the
appropriate bedrooms needed to meet Section 8 and/or local housing code requirements for
occupancy. In no case will the total assistance be greater than those limits listed above.
Necessary site improvements, including water supply, sewage disposal, and clearance, will also
be provided along with the actual dwelling replacement.
Budgetary and scoring constraints, as well as priorities for assisting other households, may
dictate that some homeowners will be offered less than the maximum amounts shown hereto,
even if their demolition and replacement housing costs are above the offered amount. In these
cases, homeowners must provide non-CDBG funds from other sources, or they may decline the
offer and withdraw from the program. If the offer is declined, no CDBG funded demolition will
occur.
IX. CONTRACTOR LISTING
The Housing Rehabilitation Program will establish and maintain a current listing of eligible
contractors for bidding on all phases of the program. Only those contractors who are so listed
will be considered for work on this program. Establishment of this list will include maximum
effort to utilize local and minority contractors.
A. Recruiting
Contractors residing or maintaining offices in the local area will be recruited through public
notice to all such contractors, as part of the local government's compliance with Federal Section
3 requirements. This special effort will be based upon the list of contractors licensed in Indian
River County including residential, building and general contractors. Letters sent to contractors,
or advertisements placed soliciting them,will be placed in the appropriate program file.
The contractor listing will include all local contractors who apply and are determined eligible
based upon program qualification standards.
If the pool of local contractors is inadequate to provide a sufficient pool of contractors willing
and qualified to perform the rehabilitation work at prices that are considered reasonable and
comparable to the prepared estimate, other contractors will be solicited. Maintenance of a pool
of competitive, qualified, and capable contractors is essential to program completion.
B. Contractor Eligibility
In order to participate in the Housing Rehabilitation Program, a contractor must be certified as
eligible by the Administrator of Housing Rehabilitation and by the Florida Department of
Community Affairs.
Basic contractor qualifications include:
I. Current license(s)with the appropriate jurisdiction;
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2. A satisfactory record regarding complaints filed against the contractor at the state,
federal or local level;
3. Insurance: $100,000/$300,000 coverage for contractor's public liability (including
accidental death and bodily injury), or $300,000 comprehensive coverage and $100,000
coverage of property damage (in addition to bodily injury), with a certificate of insurance
from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program
before discontinuing coverage. Workman's Compensation, as applicable, is also
required;
4. A satisfactory credit record, including:
(a) references from two (2) suppliers who have done business with the contractor
involving credit purchases; and
(b) references from three (3) subcontractors who have subcontracted with the contractor;
and
(c)the ability to finance rehabilitation contract work so all bills are paid before requesting
final payment;
5. Satisfactory references from at least three (3) parties for whom the contractor has done
construction.
6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD
or DCA;
The Housing Rehabilitation Specialist will assure that current and past performance of the
contractor are satisfactory based upon readily available information, and reserves the right to
check any reliable source in establishing such determination.
The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal
Equal Opportunity regulations and other contractual obligations at the pre-bid conference.
Program procedures, such as bidding and payment are also explained to the contractor.
C. Disqualification
Contractors may be prohibited or removed from program participation for:
1. Poor workmanship, or use of inferior materials;
2. Evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks,
and any other unethical practice;
3. Failure to abide by the work write-up, failure to complete work write-up (and bid)
accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs;
4. Failure to pay creditors, suppliers, laborers or subcontractors promptly and completely;
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5. Disregarding contractual obligations or program procedures;
6. Loss of license(s), insurance or bonding;
7. Lack of reasonable cooperation with owners, rehabilitation staff or the others involved in
the work;
8. Abandonment of a job;
9. Failure to complete work in a timely manner;
10. Inability or failure to direct the work in a competent and independent manner;
11. Failure to honor warranties;
12. Ineligibility to enter into federally or state assisted contracts as determined by the U.S.
Secretary of Labor, HUD or DCA;
13. Other just cause that would expose the Program or owner to unacceptable risk;
14. Failure to respond to a minimum of three (3) consecutive requests for bids; or
15. At the contractor's request.
X. RELOCATION/DISPLACEMENT
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not
apply to displacement under the Indian River County Community Development Block Grant
Program; since the Indian River County does not acquire the vacated (demolished or
rehabilitated) property and residents participate voluntarily. Therefore, relocation services will
be provided in the Indian River County Anti-Displacement and Relocation Policy which covers
situations in great detail.
Household/property owners previously approved for proposed housing assistance may
voluntarily withdraw their application for assistance, which must be confirmed in writing. If the
Administrator determines the applicant to be ineligible for assistance, the Administrator shall
send written notification to the applicant, stating that the application has been rejected and the
reason for the rejection.
XI. APPEALS/COMPLAINTS
The Housing Rehabilitation Specialist, the Community Development Director, and the Program
Administrator are authorized by the Indian River County to make all determinations of eligibility
for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and
contract management. Citizens and/or contractors should issue complaints to the Housing
Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid,
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it must be issued in writing within a period of 30 days of its occurrence. Responses also should
be issued in writing.
If the complainant is not satisfied with the Program Administrator's response, the issue must be
presented in writing to the Indian River County Citizen Advisory Task Force (CATF). If the
complaint cannot be resolved by the CATF, the Indian River County Board of County
Commissioners will review the grievance and make a decision based upon program regulation,
local policies, and availability of funds. Further appeals, if necessary, must be addressed to the
Florida Department of Community Affairs.
XII. PROGRAM INCOME
No program income is planned to result from this program. Deferred Payment Loans will be
monitored by the Housing Rehabilitation Specialist during the CDBG period of agreement.
After the expiration of the agreement between the Indian River County and the State, the
monitoring will be performed by the Community Development Director.
If repayment of a DPL or program income is received during the CDBG agreement period, it will
be used for additional rehabilitation as authorized by the Department of Community Affairs.
Program income or DPL payment received subsequent to closeout will be returned to the
Department of Community Affairs unless the state's program income regulations are changed.
XIII. PROPERTY ACQUISITION POLICY
A. Voluntary
The Indian River County may purchase property with Community Development Block Grant
funds for use in the Community Development Program. While most property acquisition must
follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act,
residential property to be used for relocation purposes shall be purchased on a voluntary basis.
The Indian River County shall determine the property features needed and the budget available
for the purchase defined in the contract agreement. A request for proposals will then be
published in a local newspaper. The request will state the specifications and budget, and indicate
that the purchase is voluntary.
No displacement of renters may occur as a result of the program. Owners will not receive any
relocation assistance so owner-occupants must waive the Uniform Act Rights.
A voluntary acquisition occurs when real property is acquired from an owner who has submitted
a proposal to the recipient for purchase of their property in response to a public invitation or
solicitation of offers. The Indian River County Board of County Commissioners is committed to
this mode of acquisition to the maximum practicable extent.
Voluntary acquisition shall be permitted only if the property being acquired is not site specific
and at least two properties in the community meet the criteria established by the local
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government for usage, location and/or interest to be acquired. The Indian River County Board
of County Commissioners prior to publication of a public notice or attendance of any local
government representative at a property auction must approve all voluntary acquisitions in
principle.
A public notice must be published inviting offers from property owners. This notice must:
1. Accurately describe the type, size and approximate location of the property it wishes to
acquire;
2. Describe the purpose of the purchase;
3. Specify all terms and conditions of sale, including maximum price;
4. Indicate whether or not an owner-occupant must waive relocation benefits as a condition
of sale;
5. Announce a time and place for offers to be accepted; and
6. Announce that local powers of condemnation shall not be invoked to acquire any
property offered for which a mutually agreed to sale price cannot be reached.
Property may also be acquired at auction. The Uniform Relocation Act does not apply to
voluntary acquisitions.
In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened
at the same time, in the same place, by a responsible official. Records of offers shall be kept.
Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can
be reached. Clear title must be present in every transaction. The Indian River County Board of
County Commissioners must decide at the time of approving the acquisition whether or not
appraisals and review appraisals will be necessary and what the maximum permissible sales
price will be. The decision to acquire will rest with the Indian River County Board of County
Commissioners that can reject or accept any and all offers. Written records shall be maintained
documenting decisions and rationale for selected courses of action.
B. Non-Voluntary Acquisition Plan
Acquisition of property(including easements and right-of-way) using federal funds shall occur in
accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and
Federal regulations that may apply.
Fundamental steps that occur in each purchase may vary case by case. However, in general
terms, the following should take place: (1) source of funds and authority to acquire confirmed,
(2) property/site identified and suitable, (3) legal description/survey/preliminary title search
performed (services procured as necessary), (4) notice of intent to acquire sent to owner, (5) title
companies solicited and retained after review received (title insurance amount and necessity
determined in advance), (6) appraisal and review appraisal services solicited and appraiser
retained, (7) appraisal received and sent for review, (8) offer to purchase and notice of just
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s
compensation sent owner, (9) owner contacted by attorney or other representative and contract
formalized, (10) settlement costs calculated and closing date set, (11) closing conducted with
funds changing hands, and, (12) records of proceedings retained.
The Uniform Relocation Act requires certain specific procedures such as some letters being sent
certified. The CDBG Implementation manual provides a checklist that may be utilized in
following each transaction to successful conclusion. In no case will CDBG funds be utilized
which would create involuntary displacement.
C. Timing/Planning
Properties necessary for easements or acquisition shall be identified as early in the planning stage
as is practicable. Every attempt shall be made to effect a design ,that is not wholly site
dependent, that is, where two or more sites are suitable for the project. It is recognized this may
not always be possible, however, a policy of minimizing single site alternatives is emphasized.
In general terms,the voluntary acquisition process shall be utilized to identify possible sites early
in the project. Sites shall be evaluated for suitability prior to the final design phase to the
maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable
acquisition procedures should commence.
Projects shall not normally be sent out for bids unless properties to be acquired or utilized for
easements have been formally acquired or a commitment exists which is sufficiently firm and
binding to be considered safe for the project to proceed with start up. The Indian River County
Board of County Commissioners shall make the determination as to whether or not bidding,
award and start up may proceed to closing on the property.
In those cases where need for easements and/or acquisition is not identified until after the project
is underway, procedures shall be expedited to the maximum practicable extent and utilization of
funds, the value of which would be unrecoverable if the transaction did not occur, minimized.
This Housing Rehabilitation/Replacement Policies and Procedures Manual is adopted this
January 21 , . 2003.
Board of County Commissioners ATTEST BY:
of Indian River County
BY:
C issioner Kenneth R. Macht, Chairman Jeffrey K. n
Board of County Commissioners Cler ,,Iay
_ C,
PATRICIA M. RIDQEL.Y
DEPUTY CLERK
21
" r
Appendix "A"
Point Values to be Used in Ranking Applicants
Priority will be given to applicants from east Gifford area (area between U.S. Highway 1 and
43`d Avenue, between 41S` Street and 49th Street as well as area east of U.S. Highway 1 including
Geoffrey Subdivision). If there are not enough qualified applicants in east Gifford, then the rest
of Gifford, and then the entire unincorporated area of the county will be considered.
Priority and point value will be based on the following table.
Priority Point Value
Disabled and/or Handicapped Head of Household 10
Very Low Income Households (50% or less of the county's median household 10
income)
Elderly Head of Household (over 62 years of age) 10
Low Income Households (between 51-80% of the county's median household 5
income)
Families with Handicapped Dependents 5
Large Families (five or more) 5
Small Families (four or less) 3
Families with Elderly Dependents 3
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Appendix "B"
Section 8 Income Limits
Persons Per Family Households Income Limit
1 $29,350
2 $33,550
3 $37,750
4 $41,900
5 $45,250
6 $48,650
7 $52,000
8+Plus $55,350
Indian River County's Median Household Income = $52,400
FACommunity Development\Users\VICKIE\SASAN\cdbgassistanceplan.doc
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