HomeMy WebLinkAbout2008-109Contract Number: 08DB-D3-1040-01-A 12
CFDA Number: 14.228
FEDERALLY -FUNDED DISASTER RECOVERY SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department'), and Indian River County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein: and
B. WHEREAS, the Department has received these grant funds from the U. S. Department of
Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the
terms and conditions hereinafter set forth, and
C. WHEREAS. the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE. the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A, the Activity Work Plan(s) by service area. Attachment B of this Agreement
and the Grant Application, which was due on September 30. 2007, and submitted by the Recipient
including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein
by reference ("the Grant Application").
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment C.
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Contract Number: 08DB-D3-1040-01-A 12
CFDA Number: 14.228
FEDERALLY -FUNDED DISASTER RECOVERY SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department'), and Indian River County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein: and
B. WHEREAS, the Department has received these grant funds from the U. S. Department of
Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the
terms and conditions hereinafter set forth, and
C. WHEREAS. the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE. the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A, the Activity Work Plan(s) by service area. Attachment B of this Agreement
and the Grant Application, which was due on September 30. 2007, and submitted by the Recipient
including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein
by reference ("the Grant Application").
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment C.
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(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, and shall end twenty-four
(24) months after the last date signed, unless terminated earlier in accordance with the provisions of
Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS
RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR
APPROVES SUCH EXTENSION.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,
which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to
the federal 'Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost -reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with
the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from
funds provided under this Agreement, for a period of six years from the date the audit report is issued,
and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of six
years from the date the audit report is issued, unless extended in writing by the Department, with the
following exceptions:
C
1 If any litigation. claim or audit is started before the expiration of the six-year
period and extends beyond
the six-year
period,
the records
will be maintained until all litigation, claims or
audit findings involving the
records
have
been
resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for six years after final disposition.
3. Records relating to real property acquisition shall be retained for six years
after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including supporting
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s). the
Grant Application and subsequent revisions that are mutually agreed to by both parties, and all other
applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement. shall allow access to its records at
reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to
5:00 p.m., local time, on Monday through Friday "Agents" shall include, but not be limited to, auditors
retained by the Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents,
in accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall
be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
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(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more
in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the
following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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Department of Community Affairs
Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'" Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular
A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be
held liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
Q) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than seven (7) months from the end of
the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly
progress reports, and with a closeout report.
(b) Quarterly progress reports are due to be received by the Department no later
than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted
each quarter until submission of the administrative close-out report. The ending dates for each quarter of
the program year are March 15, June 15, September 15 and December 15.
(c) The closeout report is due forty-five (45) days after termination of this
Agreement or upon completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the
department or are not completed in a manner acceptable to the Department, the Department may
withhold further payments until they are completed or may take such other action as set forth in
Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was
completed in accordance with the Budget and Scope of Work and the Activity Work Plan(s), Attachments
A and B of the Agreement, and the Grant Application and subsequent revisions that are mutually agreed
to by both parties.
(e) The Recipient shall provide such additional program updates or information as
may be required by the Department.
(f) The Recipient shall comply with the Environmental Assessment and Request for
Release of Funds process as set forth in 24 C.F.R. Part 58 within 90 days from the date of execution of
this Agreement.
(g) The Recipient shall provide additional reports and information as identified in
Attachment D.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure
that time schedules are met, the Budget. Scope of Work and Grant Application activities are
accomplished within the specified time periods, and other performance goals stated in this Agreement are
achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this
Agreement and the Grant Application including subsequent revisions that are mutually agreed to by both
parties.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures
may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor
General. In addition, the Department will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28,
Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement. For purposes of this
agreement. Recipient agrees that it is not an employee or agent of the Department, but is an independent
contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default'), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within
said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or
consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to
the address set forth in Paragraph (13) herein;
this Agreement;
(b) Commence an appropriate legal or equitable action to enforce performance of
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance;
2. issuing a written notice of noncompliance to advise that more serious
measures may be taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question; or
4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used
for ineligible purposes under the program laws, rules and regulations governing the use of funds under
this program.
(f) Exercise any other rights or remedies which may be otherwise available
under law.
(g) The pursuit of any one of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice.
M
(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the effective date
of the termination and the procedures for proper closeout of the Agreement.
(d) When this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of
receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not
be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of
set-off until such time as the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to the representative
identified below at the address set forth below and said notification attached to the original of this
Agreement.
(b) The name and address of the Department contract manager for this Agreement
is:
Brenda Austin
Department of Community Affairs
Disaster Recovery Program
2555 Shumard Oak Boulevard Room 300E
Tallahassee, FL 32399-2100
Telephone: 850-410-0215
Fax: 850/413-9358
Email: brenda.austin@dca.state.fi.us
(c) The name and address of the Representative of the Recipient responsible for
the administration of this Agreement is:
S(isan Rohani
180127 Ih Street
Vero Beach, FL 32960
Telephone: 772/226-1250
Fax: 772/978-1806
Email: srohani@ircgov.com
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(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of
the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. Each
subcontractor's progress in performing its work under this Agreement shall be documented in the
quarterly report submitted by the Recipient.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Activity Work Plan(s)
Attachment C — Program Statutes, Regulations and Program Conditions
Attachment D — Reporting Requirements
Attachment F —Warranties and Representations
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Attachment H —Certification Regarding Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Attachment J — Special Conditions
Attachment K — FloridaPAPERS ID and Password Request Login Form
(17) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed $176,869.25 subject to the
availability of funds.
(b) The Recipient agrees to expend funds in accordance with the Budget and
Scope of Work, Attachment A of this Agreement, and the Grant Application including revisions.
(c) All funds shall be requested electronically through FloridaPAPERS.
The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of
this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of
the Recipient utilizing the intuitive web portal.
(d) Pursuant to 24 C.F.R. Section 570.489(b), pre -agreement costs reflected in the
grant application as originally submitted that relate to preparation of the Grant Application are considered
eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other
requirements of this contract.
(e) Funds expended for otherwise eligible activities prior to the effective date of
the Agreement, except for those provided for in this Agreement or prior to the effective date of the
enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the
Agreement, is ineligible for funding with Disaster funds.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting,
all obligations on the part of the Department to make any further payment of funds hereunder shall
terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from
the Department.
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(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs', and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
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(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Department under the
terms of this Agreement
shall survive the
terms and life of this Agreement as
a whole.
(d)
The Agreement
may be executed in any number of
counterparts, any one of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
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(h) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
18(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE
RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND
CONTRACTOR ELIGIBILITY FORM."
16
(i) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
Q) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses
Shall be submitted in accordance with Section 112.061, Fla. Stat.
(1) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient
in conjunction with this Agreement.
(m) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(n) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act
("INA")). The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with
this Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
17
No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(22) COPYRIGHT PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or
copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Department for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this Agreement are hereby reserved to the State of Florida. In the
event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall
notify the Department. Any and all copyrights accruing under or in connection with the performance under
this Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows
or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate
that no such property exists. The Department shall then, under Paragraph (b), have the right to all
patents and copyrights which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
19
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment I.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT:
Indian River County
BY. .. v'
Name an title: Sandra L. Bowden, Chairman
Indian River Board of County Commissioners
Date, Apri1 29, 2008
FID#: 59-6000674
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: Janice Browning, Director
Division of Housing and Community Development
20
EXHIBIT 1
Federal Resources awarded to the Recipient pursuant to this Agreement consist of the
following:
Federal Program: U.S. Department of Housing and Urban Development
CFDA #14.228 $176,869.25
Compliance requirements applicable to the federal resources awarded pursuant to this
Agreement are as follows:
Note: If the resources awarded to the recipient represent more than one Federal program list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
The Recipient will fully perform the obligations in accordance with the Budget and Scope
of Work, Attachments A and B of this Agreement and the Application incorporated
herein by reference.
The Recipient shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment C.
Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal programs and State projects included
in Exhibit 1 be provided to the Recipient.
21
Attachment A
Budget and Scope of Work
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Activity Work Plan(s)
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Attachment C
State and Federal Statutes, Regulations and Program Conditions
By signature
of this Agreement, the
local government
hereby certifies that
it will comply
with the following
applicable federal and
state requirements:
2.
Florida Small and Minority Business Act, s. 288.702-
Section 1: State and Federal Statutes and Regulations
1.
Community Development Black Grant, Final Rule, 24
35.
Protection of Historic and Cultural Properties under
C.F.R., Part 570;,
HUD Programs, 24 C.F.R. Part 59;
2.
Florida Small and Minority Business Act, s. 288.702-
288.714, F.S.;
36,
Coastal Zone Management Act of 1972, P.L. 92-583;
3.
Florida Coastal Zone Protection Act, s. 161.52-161.58,
37.
Architectural and Construction Standards;
F.S.;
38.
Architectural Barriers Act of 1968, 42 U.S.C. 4151;
4.
Local Government Comprehensive Planning and Land
39.
Executive Order 11296, relating to evaluation of Flood
Development Regulation Act, Ch. 163, F.S.;
hazards;
5.
Title I of the Housing and Community Development Act
40.
Executive Order 11288, relating to prevention, control
of 1974, as amended
and abatement of water pollution;
6.
Treasury Circular 1075 regarding drawdown of CDBG
41.
Cost -Effective Energy Conservation Standards, 24
funds
C.F.R.
7.
Sections 290.0401-290.049, F.S.;
Part 39;
8.
Rule Chapter 9B-43, Fla. Admin. Code.;
42.
Section 8 Existing Housing Quality Standards, 24
9.
Department of Community Affairs Technical
C.F.R.
Memorandums;
Part 882;
10.
HUD Circular Memorandums applicable to the Small
43.
Coastal Barrier Resource Act of 1982;
Cities CDBG Program;
44.
Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et.
1 i
Single Audit Act of 1984;
seq.;
12.
National Environmental Policy Act of 1969 and other
45.
Title VI of the Civil Rights Act of 1964 - Non -
provisions of law which further the purpose of this Act;
discrimination;
13.
National Historic Preservation Act of 1966 (Public
46.
Title VII of the Civil Rights Act of 1968 - Non-
Law89-665)
discrimination in housing;
as amended and Protection of Historic Properties (24
47.
Age Discrimination Act of 1975;
C.F.R. Part 600);
48.
Executive Order 12892- Fair Housing
14.
Preservation of Archaeological and Historical Data Act
49.
Section 109 of the Housing and Community
of 1966;
Development Act of 1974, Non-discrimination;
15,
Executive Order 11593 - Protection and Enhancement
50.
Section 504 of the Rehabilitation Act of 1973 and 24
of Cultural Environment;
C.F.R.
16.
Reservoir Salvage Act;
Part 8;
17.
Safe Drinking Water Act of 1974, as amended;
51.
Executive Order 11063 - Equal Opportunity in
18.
Endangered Species Act of 1958, as amended;
Housing;
19.
Executive Order 12898- Environmental Justice
52,
Executive Order 11246 - Non-discrimination;
20,
Executive Order 11988 and 24 C . R. Part 55 -
53.
Section 3 of the Housing and Urban Development Act
Floodplain Management;
of 1968, as amended - Employment/Training of Lower
21.
The Federal Water Pollution Control Act of 1972, as
Income Residents and Local Business Contracting;
amended (33 U.S.C., s. 1251 et.seq.);
54.
Uniform Relocation Assistance and Real Property
22.
Executive Order 11990 - Protection of Wetlands;
Acquisition Policies Act of 1970, P.L., 100-17, and 49
23.
Coastal Zone Management Act of 1968, as amended;
C.F.R. Part 24;
24.
Wild and Scenic Rivers Act of 1968, as amended;
55.
Copeland Anti -Kickback Act of 1934;
25,
Clean Air Act of 1977;
56.
Hatch Act;
26.
HUD Environmental Standards (24 C.F.R. Part 58);
57.
Title IV Lead -Based Paint Poisoning Prevention Act
27.
Farmland Protection Policy Act of 1981;
(42 U.S.C., s. 1251 at. seq.);
28.
Clean Water Act of 1977;
58,
OMBCircularsA-87, A-122, and A-133, as revised;
29.
Davis - Bacon Act;
59.
Administrative Requirements for Grants, 24 C.F.R.
30.
Contract Work Hours and Safety Standards Act of
Part 85;
1962, 40 U.S.C. s. 327 at. seq.;
60.
Section 102 of the Department of Housing and Urban
31.
The Wildlife Coordination Act of 1958, as amended;
Development Reform Act of 1989 and 24 C.F.R. Part
32.
The Solid Waste Disposal Act, as amended by the
12;
Resource Conservation and Recovery Act of 1975 (42
61.
Emergency Rule 9BER05-2, CDBG Disaster Recovery
U.S.C., s. 6901 et. seq.);
Funds;
33.
Noise Abatement and Control: Departmental Policy
62.
HUD program requirements for disaster recovery
Implementation, Responsibilfties. and Standards, 24
projects as published in Federal Register, Vol. 69,
C.F.R. Part 51, Subpart B;
No. 237 (December 10, 2004) (Docket No. FR -4959 -
34.
Flood Disaster Protection Act of 1973, P,L. 92-234;
N-01].
24
Section
II: Program Conditions - Disaster Recovery Initiative Program
1.
Prior to the obligation or disbursement of any funds, except for administrative expenses not to
exceed
Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety -days (90) from the
effective date of this Agreement, the Recipient shall complete the following:
a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review
Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Section
1500-1508, National Environmental Policy Act Regulations. When this condition has been
fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of
Environmental Conditions;
b. If special assessments or impact fees are to be charged to each household that is to be
hooked up to the sewage system, document the source of those funds and that they are
dedicated to the project for the purpose of funding said special assessments or impact fees;
C. The Recipient shall not enter into a contract to be paid with Disaster funds based on a
sole source or single proposal procurement action without prior written approval from the
Department. Failure to secure the prior written approval shall relieve the Department of any
obligation to fund the said procurement contract. Any previous payments to the Recipient to fund
said contract shall be ineligible and shall be repaid to the Department by the Recipient; and
d. The documentation required in paragraph 3 below for any professional services contract
procured prior to the start date of this agreement.
e. Submit to the Department copies of all adopted required policies not provided at the time
of original Application, which the Recipient certified would be adopted. Also, unless submitted
with the grant application or reviewed at the site visit and determined to be acceptable, submit an
executed copy of the required inter -local Agreement if more than one local government is covered
by this contract.
2.
For each procured and executed professional services contract for which Disaster funding will be
requested, or within five (5) days of the execution of any yet to be procured professional services for
which Disaster funding will be requested, submit a copy of the following procurement documents:
a. Public notice
of the terms of the request
for proposals in
a newspaper of regional
circulation, including
affidavit of publication;
b. List of entities to whom a notification of the request for proposals was provided by mail or
by fax;
C. List of firms that submitted a proposal (only if short -listing procedure was used);
d. Completed short -listing evaluation / ranking forms, including any ranking summary
document, and document transmitting the short-listed firms to the commission (only if short -listing
procedure used);
e. Completed final evaluation / ranking forms;
f. Portion of commission minutes dealing with contract award;
g. Cost breakout from selected firm used for completion of the cost analysis (if pricing
information was not submitted with proposals);
25
Contract (signed or proposed);
i. Truth -in -Negotiation certification (if not in the contract) for engineering contracts over
$60,000;
If a protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one firm
was considered and the contract exceeds $25,000;
I. If
a regional planning council or
local government
is performing the services, submit only
a copy of
the contract and cost analysis
information; and
M. If professional services procurement will not be undertaken, so advise the Department.
3. For any activity that requires construction plans and specifications prepared by an engineer or
architect:
a. Provide to the Department a copy of all engineering specifications and construction
plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a
copy of all bid documents for all services and/or materials to provide those services and/or
materials for all construction activities when the bids are expected to exceed $25,000. These
submissions are for the limited purpose of identifying the extent of the activities to be
accomplished with Disaster funds under this Agreement, and inclusion of program requirements,
and in no way does it indicate that the Department has conducted a technical review of, or
approved the plans or other bidding documents;
b. The Recipient shall not publicize any request for bids for construction purposes or
distribute bid packages until the Department has provided to the Recipient, written
acceptance of the engineering specifications, construction plans, and bid documents; and
C. In any service area which requires construction plans and specifications prepared by an
engineer or architect, no more than twenty-five percent (25%) of the grant administration
amount allocable to that service area may be requested until the construction plans and
specifications for that service area have been received for review by the Department. For
the purpose of this condition, the allocable grant administration amount for each service
area is calculated by first determining each service area's percentage of total project
costs, excluding administrative costs, and then multiplying the service area's percentage
of total project costs by the total administrative budget. This calculation results in a
percentage of total administrative costs per service area based on each service areas
percentage of the grants total project costs, excluding administrative costs.
4. For activities requiring acquisition of property, the Recipient shall:
a. Should the Recipient be undertaking any activity subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,
and Disaster funds will not be used for the cost of acquisition, the Recipient shall document
completion of the acquisition by submitting all documentation required for a desk monitoring of
the acquisition, including notice to the property owner of their rights under URA, invitation to
accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The
documentation shall be submitted within 45 days of acquiring the property and prior to advertising
for construction bids for any activity that required the acquisition.
26
b. Should the Recipient be undertaking any activity subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,
and Disaster funds will be used for the cost of acquisition, the Recipient shall document
completion of all pre-acquisition activities by submitting all documentation required for a desk
monitoring of those activities, including notice to the property owner of their rights under URA,
invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for
sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The
documentation shall be submitted to the Department for review prior to closing on the property. A
copy of the final statement of settlement costs and a copy of recorded deed, with any required
deed restrictions, shall be submitted within 45 days of the acquisition.
5. If the project involves installation of new sewer lines, or a new sewer treatment
plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the
Recipient shall document notification to appropriate households of the requirement in Section
381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within 365 days of its availability. (Note
that the notification is to be provided at least one year prior to the anticipated availability of the system.)
6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for
any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering
fee schedule. The Department will not reimburse or fund engineering activities or costs that are not
eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds.
7. The Recipient, by executing this Agreement, does thereby certify that program income received
and retained by the local government before closeout of the grant will be used to continue grant activities
in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program
income earned and expended must be reported to the Department on a quarterly basis. Quarterly
progress reports are due to be received by the Department no later than 30 days after the end of each
quarter of the program year and shall continue to be submitted each quarter until submission of the
administrative close-out report. The ending dates for each quarter of the program year are March 30,
June 30, September 30 and December 31.
8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to
24 C.F.R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third
thereof from the effective date of the contract to the date of submission of the administrative closeout.
9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds.
This restriction shall limit the use of that real property or facility to the use stated in the Application and
that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records
in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real
property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in
accordance with 24 C.F.R. Section 570.4890).
10. The Recipient shall conduct all public hearings relating to this Agreement and performance
hereunder in a location that is accessible to physically handicapped persons or make such
accommodations as necessary to provide for active participation of handicapped persons desirous of
attending such public hearings.
11. All amendments to the activities contained in the application, including proposed new activities
must be approved by the Department in writing prior to the date of initiation of that activity or the
execution of any contract with any third party relating to such activity. The Department reserves the right
27
to require that deletion of an activity meeting the LMI national objective be replaced with another activity
meeting the LMI national objective.
12. The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the
Recipient's knowledge of changes in situations which would require that updates be prepared. A final
Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its
absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of
any penalties which otherwise would have occurred.
13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section
570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial
assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real
or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall
be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 96-43, Fla Admin. Code,
15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow
accurate and ready comparison between the expenditures and the contracted budget line items by
service area contracted activity as defined on Attachment A and on the Activity Work Plan(s).
16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be
certified upon completion by a licensed professional as meeting the specifications of the design, as may
have been amended by change orders. The date of completion of construction shall be noted as part of
the certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certification shall be submitted with the administrative closeout package.
17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by
the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any
portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378
shall not be paid with Disaster funds.
18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding
any activity in the application, the local government shall provide information necessary to establish
eligibility for the activity under the Disaster Recovery initiative program requirements or replace the
activity with a new activity meeting such requirements, within the provisions of Program Condition
Number 10.
19. Any debris removal on private property approved by the Department as a result of a HUD waiver
will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a
low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not
provided, then the cost of debris removal is not allowed.
20. Following demolition of a structure on private property, the local government shall place a lien
against the real property for the cost of demolition. If the lien is not recorded against the real property,
then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition
is needed for residential reconstruction completed during the sub -grant period. A copy of the lien shall be
maintained in the project files. When the lien is paid, the funds shall be treated as program income in
accordance with CDBG regulations in in 24 CFR 570.
21. For any activity performed as an "urgent need," the project files shall document that the activity
meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For
these disaster recovery funds, the " threat to health or welfare" portion of the requirements may be
established in the context of the 2004 hurricane season damage.
22. If grant funds are used for acquisition of property for, or infrastructure in support of, ILMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub -
grant period.
23. If grant funds are used for "slum and blight," the project files shall document that the activity took
place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for
"slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight."
24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final
use or disposition shall be met.
25. For any construction contract that requires payment of prevailing wages under the Davis -Bacon
and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet
its DBRA tracking and reporting requirements to HUD for these funds:
a.
Obtain a wage
decision from the Department
using its Wage Decision
Request form or a
similar
document with
the same information; and
b. Prior to awarding the construction contract, submit the Bidding Information and
Contractor Eligibility form, or document with the same information, and obtain the Department's
confirmation that the contractor is not excluded from participation in federally funded projects.
26 If any funds are used for housing rehabilitation, the project files shall document that, following
completion of each home, all code violations have been corrected and the home meets Section 8
Housing Quality Standards.
27. Within thirty (30) days of execution of any construction contract between the Recipient and a
contractor, all construction contractors shall provide a schedule for completion of work activities under
that construction contract.
28. Pursuant to Federal Register/Volume 69, Number 237 [Docket Number FR -4959-N-01] and the
Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may
receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for
Small Business Administration assistance or from any other program, insurance or any other sources.
The Recipient's project files shall document how compliance with this prohibition on duplication of
benefits was determined for each activity, including sub -recipients and, for housing or other direct benefit
activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other
means may require repayment of duplication of benefit funds.
Attachment D
Reporting Requirements
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10)
of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the Department by
April 15 and October 15 annually. The form must reflect all contractual activity for the period. If
no activity has taken place during the reporting period, the form must indicate "no activity".
2. The Request for Funds (RFF) Form must be submitted to the Department electronically
at a minimum of once per quarter. If no activity has taken place during the reporting period for
which funds will be requested, the form must indicate, "no funds are required". A breakout of
expenditures by service area must be submitted that supports expenditures reflected on the
RFF. These service area breakouts must be received and reviewed prior to approving the RFF
for processing.
3. The Projection of Contract Payments and Report on Accomplishments To Date Form
must be submitted to the Department (4) times a year: May 1, August 1, November 1 and
February 1. In Section I Funding Projection, indicate the amount of funds that will be required for
the applicable reporting period. If no funds will be required, a zero should be reflected in the
applicable reporting period. In Section II Accomplishments, all accomplishments must be
reported from implementation to date of report.
4. The Project Generated Income Report, if applicable, must be submitted to the
Department on a quarterly basis on the form provided by the Department. The form must reflect
all earned or expended income and show the available balance as of the end of the reporting
period.
30
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that adequately identify the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(5) Accounting records, including cost accounting records that are supported by source
documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder
or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
31
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 9:00 A.M. to 5:00 P.M.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired.
32
And Voluntar✓Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Indian River County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
Indian River Countv
Contractor's Name and Title Recipient's Name
OBDB-D3-10-40-01- 12
Signature DCA Contract Number
Street Address
City, State, Zip
Date
NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND
SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM."
33
None
Attachment J
Special Conditions
W,
ATTACHMENT K
FloridaPAPERS LOGIN ID AND PASSWORD REQUEST FORM
35
Attachment K
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Submit an onginai Signature Authonty Form with each contract. _
Recipient Contract #
Indian River County 08DB D3-10-40 01 Al2
Mailing Address (Street or Post Office Box)
1801 27th Street
City, State and Zip Code
Vero Beach, Florida 32960-3365
Project Contact Person Telephone #
(772) 226 - 1254
Robert M. Keating, AICP E-mail Address
bkeating( lrcgov com
Financial Contact Person Telephone # (772) 226 - 1257
Jason Brown E-mail Address
.Ibrown (cDirc oq v.com
Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one).' [ X ] one signature [ ] two
signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG
contracts require that at least one (1) RFFs must be submitted each quarter and should reflect all expenditures incurred during
that reporting period. _1 __-
Typed Name Date )))/11- Signa r
Robert c Keating y /A
S /Q
[ X ]Check here if the above person be the E-Wmit Ad ress
designated FloridaPAPERS user. bkeatinoircgov.com
Typed Name Date Signature
[ ] Check here if the above person will be the E-mail Address
designated FloridaPAPERS user.
Typed Name Date Signature
[ ] Check here if the above person will be the E-mail Address
designated FloridaPAPERSuser.
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
Funds and to submit RFF's electronically to the Small Cities Community Development Block Grant Program using FlondaPAPERS.
Typed Name Date Signature
Sandra L Bowden April 29, 2 t � of - a.
[ X ] Check here if your local government utilizes Electronic Funds Transfer (E from the State of Florida.
[ X ] Check here if your local government will be working on a reimbursement sis.
CDBG payments to local governments using EFTare automatically deposited in the local government's general account. If the
account is interest bearing, the CDBG funds must be transferred to a non-interest bearing account. Please call the CDBG
Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: htto://flair.dbf.state.fl.us/.
Loca/governments not receiving EFT, and not working
on a reimbursement basis,
must establish a
non-interest
bearing
account.
Provide account information for the financial institution
(insured by FDIC) below.
All signatures on
the account
must be
bonded.
Name of Financial Institution Account Number
RCB BANK 7680027195
Street Address or Post Office Box Telephone Number
1417 CENTURA HIGHWAY (252) 454 — 3557 or (800) 226-5985
City, State and Zip Code
ROCKY MOUNT NC 27802
F:\Community Development\Users\CDBG\2007 Neighborhood Rev\Contracts\DCA Contract\Forms - Attachments\1Signature Authorization.doc
CIVIL RIGHTS PROFILE (07.02)
RECIPIENT NAME Indian River Count
CONTRACT NUMBER 08DB-D3-10-40-01-A 12 DATE:
DEMOGRAPHIC DATA
1. Total Number of Local Government Employees: 927 (Do NOT include constitutional officers)
2. Number of Employees who work on CDBG funded activities: 7
3. Total Number of Local Government Minority Employees: 140 (Do NOT include constitutional officers)
4. Number of Minority Employees who work on CDBG funded activities: 0
5. Local Government Population # 90,607 (Counties do NOT include populations of incorporated cities)
6. Local Government Minority Population: 13,047 (Counties do NOT include populations of incorporated
cities)
7. Local Government Minority Population Percentage: 14.4% (Counties do NOT include populations of
incorporated cities)
8. Percentage of Persons of Low and Moderate Income in the Local Government: 39.3% (Counties do NOT
include populations of incorporated cities)
For Neighborhood Revitalization and Commercial Revitalization Only
9.
Service Area Population:
90.607
10.
Percentage of Persons of
Low and
Moderate Income in the Service Area: 39.3%
To document civil rights compliance, this profile should be completed and returned to:
CDBG Program
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee. Florida 32399-2100
Retain a file copy in the event that a CDBG grants monitor wishes to review it during a monitoring visit.
CIVIL RIGHTS PROFILE (07.02)
Use application survey data or census data, as appropriate, to determine beneficiary information. Complete a form
for each activity, except Administration and Engineering. Submit civil rights information with executed contract and
update upon completion of grant.
Total
Beneficiaries in
Service
Area:
Using
project data on
eligible
individuals, enter number of individual beneficiaries in each population group
to be
assisted.
Employees
Housing
LMI Beneficiaries in Service Area:
Using project data regarding individuals, enter number of individual LMI beneficiaries in each population
group to be assisted.
FOR ECONOMIC DEVELOPMENT GRANTS ONLY (should be provided at the time of grant completion)
3. Job Applicants:
Use job applicant information provided by the employer and enter number of individual job applicants in
each population group to complete.
4. Job Hires:
Use job applicant and hiring information provided by the employer and enter number of job hires
(employees) holding jobs when final job creation requirements have been met.
5. FOR HOUSING GRANTS ONLY:
(Complete column 2 below at closeout using data provided by assisted households.)
ACTIVITY NAME: 2007 Hurricane Wilma Disaster Recovery Initiative
Population
1.
2.
3.
4.
5.
Group
Total
LMI
Job
Employees
Housing
Beneficiaries
Beneficiaries
Applicants
Hired
Beneficiaries
White/non
15627
N/A
NIA
N/A
Hispanic
Black/non
6,007
NIA
N/A
N/A
Hispanic
Hispanic
584
N/A
N/A
N/A
Asian/Pacific
44
N/A
NIA
N/A
Islander
American Indian
0
N/A
N/A
N/A
/Alaskan Native
Hasidic Jews
0
N/A
N/A
NIA
Female Head of
749
NIA
N/A
N/A
Household
Elderly Head
394
NIA
N/A
N/A
of Household
Handicapped
982
N/A
NIA
NIA
F Community Development Users:CDBC'G_00? Neighborhood Rev'Contoico;'DCA ContractTi ms - Attachments\Final versions Civil Rights Profile. doe
Information Form
Contract Number: 08DB-D3-10-40-01-Al2 CFDA
Number: 14.228
Names and Addresses
Contract Recipient
Name of Chief Elected Official: Sandra L. Bowden
Title: Chairman Indian River County Board of County Commissioners
Address: 1801
City,
State, Zip Code: Vero Beach,
FL 32960-3365
Area
Code/Telephone No:
Suncom No:
Area Code/Fax Number
(772)
226 - 1490
224 —1490
772) 770— 5334
E -Mail Address: sbowdenna ircgov.com
2. Chief Financial Officer
Name of Chief Financial Officer: Diane Bernardo, CPA
Title: Finance Director
Address 1801 27th Street
City, State, Zip Code: Vero Beach, FL 32960-3365
Area Code/Telephone No: Suncom No: Area Code/Fax Number
(772) 226 - 1205 224 —1205 (772) 770 - 5331
E -Mail Address dbernardo(a)clerk indian-river org
3 Local Contact Person
Name of Local Contact Person: Robert M Keating
Title: Community Development Director
Address: 1801 27th Street
City, State, Zip Code: Vero Beach, FL 32960-3365
Area Code/Telephone No: Suncom No: Area Code/Fax Number
(772) 226 - 1254 224-1254 (772) 978 - 1806
E -Mail Address bkeating(o)ircgov corn
4. Private Consultant (If Applicable)
Name of Consultant:
Firm:
Address:
City, State.. Zip Code:
Area Code/Telephone No:
E -Mail Address:
Administrative Data
Area Code/Fax Number
1. Local Government FID Number: 59-6000674
2, Districts: United States Congress
15
Florida Senate Florida House
26 & 28 29 & 80
3. If the local government is not receiving Electronic Funds Transfer (EFT) from the State of Florida,
please provide an address for transmittal of the reimbursement warrant:
Local Government:
Street Address.
City, State, Zip.
4. Please provide a brief Project Description:
2007 Hurricane Wilma Disaster Recovery Initiative
Repairs of existing homes that include but are not limited to repair or replace roofs to meet the current Florida
Building codes. repair or replacement of windows and entry door, install hurricane shutters to protect
vulnerable openings.
F:\Community Development"Users',CDBG12007 CDBG DR-N/ilma�Application',Agreement\ContractlnformationSheet doc