HomeMy WebLinkAbout2009-228J • v
PROFESSIONAL SERVICES AGREEMENT 10 6f 12,
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This Professional Services Agreement ("Agreement" or " Contract" ) is entered into as
of this 3 O day of March , 2010 , by and between Indian River County , a political
subdivision of the State of Florida ( " County" ) and Environmental Services , Inc . , a Florida
corporation (" Contractor" ) .
BACKGROUND RECITALS
A . In accordance with Indian River County' s FFY 2008/09 Neighborhood Stabilization
Program ( " NSP ") Community Development Block Grant ( " CDBG ") , Grant Number 10 DB -
4X- 10-40-01 - F 13 ( " CDBG Grant Agreement") the County issued Bid Number 2009047 for
Neighborhood Stabilization Program CDBG Housinq Acquisition Services , setting
forth a response date of May 28 , 2009 ,
B . Pursuant to Bid Number 2009047 , the County' s CDBG Consultant reveiwed all of the bids
submitted for Neighborhood Stabilization Program CDBG Housing Acquisition
Services and recommended the firms that were the lowest most responsible and
responsive bidders for the services included within Bid Number 2009047 to County staff.
C . On September 8 , 2009 , the Indian River County Board of County Commissioners
approved the recommendation to hire Contractor to provide the services set forth in Bid
Number 2009047 and this Agreement .
D . Contractor is willing and able to perform the services as set forth in this Agreement on the
terms and conditions set forth below ; and the County and the Contractor wish to enter into
this Agreement for the services as set forth below .
NOW, THEREFORE , for good and valuable consideration , the receipt and
sufficiency of which is hereby acknowledged , and intending to be legally bound hereby , the
parties hereby agree as follows :
1 . DESCRIPTION OF SERVICES . The services to be performed by Contractor pursuant
to this Agreement , are as set forth in Exhibit "A" attached hereto and incorporated herein
by this reference in its entirety (" Services " ) .
2 . WORK ORDER AGREEMENT
2 . 1 , All Services provided by the Contractor for the County shall be identified in Work
Orders and performed in a timely , efficient , cost effective manner , and in accordance with
the current professional standards of the applicable discipline . Work Orders shall include a
description of services to be performed ; a schedule of deliverables ; and compensation to
be paid with sufficient detail to identify all of the various elements of costs ; a projected
schedule for completion of the work to be performed by the Contractor
2 . 2 . Whenever the term "Work Order" is used herein , it is intended to mean that formal
document that is dated ; serially numbered ; and executed by both the County and the
Contractor by which the County accepts Contractor' s proposal for specific Services and
Contractor indicates a willingness to perform such specific services for the terms and
under the conditions specified in this Agreement . Each Work Order must be fully executed
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by the County prior to issuance of the related Notice -to- Proceed ; and the Notice-to-
Proceed may be included within a Work Order.
2 . 3 . A Work Order shall not give rise to any contractual rights until it meets the foregoing
requirements . Each written Notice to Proceed and specific Work Order, as approved by
the County , shall be an addendum to this Agreement. Nothing contained in any Work
Order shall conflict with the terms of this Agreement , and the terms of this Agreement shall
be deemed to be incorporated in each individual Work Order as if fully set forth therein .
2 . 4 . No representation or guarantee is made by Indian River County as to the minimum
or maximum dollar value or volume of work , if any , that Contractor will receive during the
term of this Agreement . The County shall determine the total number of homes for which
the Contractor will provide Services during term of the CDBG Grant Agreement .
3 , ADDITIONAL SERVICES . The County may , but is not obligated to , request that
additional related services be added to the Services provided by the Contractor under this
Agreement . The County and Contractor acknowledge and agree that any such additional
Services will be negotiated based on pricing that is consistent with , and comparable to , the
compensation for similar Services covered under this Agreement .
4 , CONTRACTOR RESPONSIBILITY for CERTAIN CDBG GRANT AGREEMENT
COMPLIANCE .
4 . 1 , The CDBG Grant Agreement is set forth in Exhibit " B " attached hereto and
incorporated herein by this reference in its entirety . The Contractor acknowledges and
agrees that the County is the " Recipient" under the CDBG Grant Agreement and that
certain obligations of the County as Recipient will be " passed through " to Contractor ,
including , without limiting the generality of the foregoing , the obligations included in
paragraph ( 14 ) that : ( i ) the Contractor is bound by the terms of the CDBG Grant
Agreement ; ( ii ) the Contractor is bound by all applicable state and federal laws and
regulations ; and ( iii ) the Contractor shall hold the Florida Department of Community Affairs
and Indian River County harmless against all claims of whatever nature arising out of the
Contractor' s performance of work under the CDBG Grant Agreement and this Agreement .
The Contractor acknowledges and agrees that the terms of CDBG Grant Agreement shall
control in the event of any conflict with the terms of this Agreement .
4 . 2 . Pursuant to the CDBG Grant Agreement , the Contractor acknowledges and agrees
that : ( i) the Contractor is required to sign Exhibit E " Lobbying Certification " attached hereto
and incorporated herein by this reference in its entirety as a condition precedent to Indian
River County as Recipient entering into this Agreement with Contractor ; ( ii ) the Contractor
is required to sign Attachment G " Certification Regarding Debarment , Suspension ,
Ineligibility and Voluntary Exclusion " attached hereto and incorporated herein by this
reference in its entirety as a condition precedent to Indian River County as Recipient
entering into this Agreement with Contractor ; and ( iii ) Attachments B and J set forth
additional obligations of both the Contractor and Indian River County as Recipient . ,
including , without limiting the generality of the foregoing , stringent anti-fraud and abuse
provisions
4 . 3 . Contractor acknowledges and agrees that all payments to be made under this
Agreement are derived from the CDBG Grant Agreement funds and the CDBG Grant
Agreement is a cost reimbursement agreement . Accordingly , Contractor shall execute a
valid " Release of Liens " [where appropriate to the type of Services provided under this
Agreement) for Services performed under each Work Order and Contractor agrees to look
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solely to County for payment for services hereunder. The Contractor agrees that the
foregoing provision shall be inserted into any contracts between Contractor and any
subcontractors , material providers , laborers , and or suppliers under this Agreement .
5 , FEE/COMPENSATION : TIME OF COMPLETION . .
5 . 1 . The bid submitted by Contractor containing billing rates and other applicable fee
schedules is set forth in Exhibit " C " attached to this Agreement and made a part hereof by
this reference . The County shall pay to the Contractor a fee that is specifically set forth in
each Work Order issued under this Agreement and based on the rates and fee schedules
set forth in Exhibit C for all work included and completed in accordance with this
Agreement .
5 . 2 . The time for completion of each Service included within any Work Order shall be set
forth within the Work Order. The Contractor acknowledges and agrees that is the intention
of the County , to the maximum extent possible , to pay Contractor at the closing , i . e . ,
acquisition of the home for which the Services were performed . If the home does not
proceed to closing i . e . , acquisition , payment shall be made as set forth in paragraph 5A of
this Agreement . Time is of the essence in the completion of each Work Order under this
Agreement .
5 . 3 . All Services performed under this Agreement shall be done to the satisfaction of the
County , who shall in all cases determine the amount , quality , fitness , and acceptability of
the Services to be paid hereunder , and shall decide all questions which may arise as to
fulfillment of the Agreement on the part of Contractor , and the County' s decision thereon
shall be final and conclusive ; and such determination and decision , in case any question
shall arise , shall be a condition precedent to the right of Contractor to receive any money
hereunder .
5 . 4 . Proper Invoices shall be submitted to the County' s Finance Department in detail
sufficient for proper prepayment and post payment audit . All payments for services shall
be made to the Contractor by the County in accordance with the Local Government
Prompt Payment Act (2009) , Florida Statutes Section 218 . 70 et seq .
6 . INSURANCE . The Contractor shall not commence to perform the Services under
this Agreement until it has obtained all the insurance required under this Agreement as set
forth in Exhibit " D " attached hereto and incorporated herein by this reference in its entirety ,
and such certificates of insurance have been approved by the County ' s Risk Manager .
The cost of such insurance shall be included in the Contractor' s fee .
7 . TERM . This Agreement shall remain in effect for one hundred and twenty ( 120 )
days after the expiration of the County ' s NSP CDBG grant agreement with the Florida
Department of Community Affairs , subject to sooner termination as provided herein . The
duration of the County ' s NSP CDBG grant agreement is anticipated to be approximately 2
years .
8 . TERMINATION .
8 . 1 . . This Agreement may be terminated : ( a ) by the County , for any reason , upon at least
thirty (30 ) days ' prior written notice to the Contractor ; ( b) by the Contractor , for any reason ,
upon at least thirty ( 30 ) days ' prior written notice to the County ; (c) by the mutual
agreement of the parties ; or (d ) as may otherwise be provided below . In the event of the
termination of this Agreement , any liability of one party to the other arising out of any
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Services rendered , or for any act or event occurring prior to the termination , shall not be
terminated or released .
8 . 2 . In the event of termination by the County , the County' s sole obligation to the
Contractor shall be payment for those portions of satisfactorily completed work under
existing Work Orders issued pursuant to this Agreement , as estimated by the Contractor
and agreed upon by the County up to the time of termination . In the event of such
termination , the County may , without penalty or other obligation to the Contractor, elect to
employ other persons to perform the same or similar services .
8 . 3 . The obligation to provide services under this Agreement may be terminated by either
party upon seven (7 ) calendar days prior written notice in the event of: ( i ) Contractor
breaches any material provision of the obligations imposed upon contractor under the
CDBG Grant Agreement ; or ( ii ) substantial failure by the Contractor to perform in
accordance with the terms of this Agreement through no fault of the County .
8 . 4 . . In the event of termination of this Agreement , the Contractor agrees to provide copies
of any and all documents prepared by the Contractor for the County in connection with
this Agreement .
9 , INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the
parties hereto that the Contractor is and shall be , in the performance of all Services and
activities under this Agreement , an independent contractor , and not an employee , agent ,
or servant of the County . All persons engaged in any of the Services performed pursuant
to this Agreement shall at all times , and in all places , be subject to the Contractor' s sole
direction , supervision , and control , The Contractor shall exercise control over the means
and manner in which Contractor and its employees perform the Services , and in all
respects the Contractor' s relationship and the relationship of its employees to the County
shall be that of an independent contractor performing solely under the terms of the
Agreement and not as employees , agents , or servants of the County .
10 . MERGER : MODIFICATION . This Agreement incorporates and includes all prior and
contemporaneous negotiations , correspondence , conversations , agreements or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments , agreements , or understandings of any nature whatsoever concerning
the subject matter hereof that are not contained in this document . Accordingly , it is agreed
that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements , whether oral or written . No alteration ,
change , or modification of the terms of this Agreement shall be valid unless made in
writing and signed by the Contractor and the County .
11 . GOVERNING LAW; VENUE . This Agreement , including all attachments hereto , shall
be construed according to the laws of the State of Florida . Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in
Indian River County , Florida , or , in the event of federal jurisdiction , in the United States
District Court for the Southern District of Florida .
12 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed
cumulative and additional , and not in lieu or exclusive of each other or of any other remedy
available to either party , at law or in equity . Each right , power and remedy of the parties
provided in this Agreement shall be cumulative and concurrent and shall be in addition to
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every other right , power or remedy provided for in this Agreement or now or hereafter
existing at law or in equity or by statute or otherwise . The failure of either party to insist
upon compliance by the other party with any obligation , or exercise any remedy , does not
waive the right to do so in the event of a continuing or subsequent delinquency or default .
A party ' s waiver of one or more defaults does not constitute a waiver of any other
delinquency or default . If any legal action or other proceeding is brought for the
enforcement of this Agreement or because of an alleged dispute , breach , default , or
misrepresentation in connection with any provisions of this Agreement , each party shall
bear its own costs .
13 . SEVERABILITY . If any term or provision of this Agreement , or the application thereof
to any person or circumstance shall , to any extent , be held invalid or unenforceable for the
remainder of this Agreement , then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected , and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law .
14 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are
subject to the availability of funds under the CDBG Grant Agreement .
15 , NO PLEDGE OF CREDIT . . The Contractor shall not pledge the County' s credit or
make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien ,
or any form of indebtedness .
16 . PUBLIC RECORDS , The Contractor shall comply with the provisions of Chapter 119 ,
Florida Statutes ( Public Records Law) in connection with this Agreement .
17 . NOTICES . Any notice , request , demand , consent , approval , or other communication
required or permitted by this Agreement shall be given or made in writing and shall be
served , as elected by the party giving such notice , by any of the following methods : ( a )
Hand delivery to the other party ; or ( b) Delivery by commercial overnight courier service at
the addresses of the parties shown below :
County Indian River County
Attn : Bob Keating , Community Development Director
1801 27th Street , Vero Beach , FL 32960 -3365
Phone : (772) 226 - 1254 ; Facsimile : ( 772 ) 978 - 1806
E- mail : bkeatingQircgov . com
Contractor :
Attn : Josh T . Patterson
Environmental Services , Inc .
1410 Park Lane South , Suite 1
Jupiter , FL 33458
Phone : (561 ) 743- 5141 , Facsimile : (561 ) 743 - 5441
E- Mail : jPatterson 0 esinc . com
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Notices shall be effective when received at the address as specified above . Facsimile or
E- mail transmission are acceptable notice effective when received , provided , however , that
facsimile and e- mail transmissions received ( i . e . , printed ) after 5 : 00 p . m , or on weekends
or holidays , will be deemed received on the next day that is not a weekend day or
a
holiday . The original of any documents/notices that contain signatures must additionally
be mailed . Either party may change its address , for the purposes of this section , by written
notice to the other party given in accordance with the provisions of this section .
18 . SURVIVAL . Except as otherwise expressly provided herein , each obligation in this
Agreement to be performed by Contractor shall survive the termination or expiration of this
Agreement .
19 . CONSTRUCTION . The headings_ of the sections of this Agreement are for the purpose
of convenience only , and shall not be deemed to expand , limit , or modify the provisions
contained in such Sections . All pronouns and any variations thereof shall be deemed to
refer to the masculine , feminine or neuter , singular or plural , as the identity of the party or
parties may require . The parties hereby acknowledge and agree that each was properly
represented by counsel and this Agreement was negotiated and drafted at arm' s - length so
that the judicial rule of construction to the effect that a legal document shall be construed
against the draftsperson shall be inapplicable to this Agreement
20 , COUNTERPARTS , This Agreement may be executed in one or more counterparts ,
each of which shall be deemed to be an original copy and all of which shall constitute but
one and the same instrument .
21 . GENERAL , The Background Recitals are true and correct and form a material part of
this Agreement .
IN WITNESS WHEREOF , the County and the Contraeto,r�' �, , ave caused,, Ithis
Agreement to be executed in their respective names as of the date fr`st set f� rt4h above :.
Contractor : INDIAN RIVER COUNTY.. , i>ZL, srZ,, .
BOARD OF COUNTY GGiUI � ISSIONE�RS'
(sign )
By
Printed name : 1 , Rhodes Robinson Robert eating , Comm nity
Development Director
Attest : Attest : J . K . Barton , Clerk
(sign ) By
[corporate seal]
Deputy Clerk
Approved by BCC : ` SE3 "
6
Approved :
By
o eph A . acrd , County Administr for
ApprovV as to form an le al sufficiency :
By
Alan Polackw 6h , ICZunty Attorney
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EXHIBIT A
Lead Inspection Services - If a residential housing unit being considered for purchase was
built prior to 1978 , a lead inspection including a risk assessment shall be carried out . If
a
property containing lead is purchased and rehabilitated , the respondent shall perform
clearance testing of the unit at the completion of construction . Both the initial lead inspection
report and the clearance testing report shall be completed and submitted to the County within
four (4 ) calendar days from Indian River County ' s issuance of a Notice to Proceed with the
inspection and report .
EXHIBIT B
CDBG GRANT AGREEMENT
� d
STATE OF FLORIDA 2009 AUG 24 FM 3 : 2b
DEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: IODB-4X- 10-40-01 -F 13
FEDERALLY-FUNDED SUBGRANT AGREEMENT
NEIGHBORHOOD STABILIZATION PROGRAM
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department" ), and Indian River County, 1801
27" Street, Vero Beach, Florida 32960 (hereinafter referred to as the "Recipient" ) .
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS :
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B . The Department has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below, and
C . The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following :
( 1 ) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A
and Activity Work Plans, Attachment I of this Agreement, and the Sub-grant Application submitted by the Recipient
including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by
reference ("the Sub-grant Application").
(2) INCORPORATION OF LAWS , RULES, REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by the 2008 State of Florida Action Plan Substantial
Amendment and applicable State and Federal laws, rules and regulations, including those identified in Attachment
B .
(3 ) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the
date last signed, unless terminated earlier in accordance with the provisions of Patagraph ( 12) of this Agreement.
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension. Extensions will be in accordance with the guidelines established in the 2008
State of Florida Action Plan Substantial Amendment.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
Rev 07/31 /2009 Page I
( 5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
"Common Rule : Uniform Administrative Requirements for State and Local Governments" (53 Federal Register
8034) or OMB Circular No . A- 110, " Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations ," and either OMB Circular No . A- 87, " Cost Principles for State and Local
Governments, " OMB Circular No . A-21 , " Cost Principles for Educational Institutions ," or OMB Circular No. A-
122 , " Cost Principles for Nonprofit Organizations, " If this Agreement is made with a commercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31 . 2
and 931 . 2 .
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of six years from the date the audit report
is issued, unless extended in writing by the Department. The six year period may be extended for the following
exceptions :
1 . If any litigation, claim or audit is started before the six year period expires, and extends
beyond the six year period , the records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
2 . Records for the disposition of non-expendable personal property valued at $5 ,000 or more at
the time it is acquired shall be retained for six years after final disposition.
3 . Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs , in a form
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8 :00 a.m. to 5 :00 p .m. ,
local time, on Monday through Friday. " Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(b ) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. " Reasonable" shall ordinarily mean normal business
hours of 8 :00 a. m. to 5 :00 p .m . , local time, Monday through Friday.
Rev 07/31 /2009 Page 2
(c) The Recipient shall provide the Department with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A- 133 , as revised, and in the event that the Recipient expends $ 500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions
of OMB Circular A- 133 , as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A- 133 , as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A- 133 , as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above , the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A- 133 , as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A- 133 ,
as revised, and required by subparagraph (d) above, when required by Section . 320 (d), OMB Circular A- 133 , as
revised, by or on behalf of the Recipient to :
The Department of Community Affairs at each of the following addresses :
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla. parrish@dca. state. fl. us]
and
Department of Community Affairs
Florida Small Cities Community Development Block Grant Program/NSP Program
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399-2100
Send the Single Audit reporting package and Form SF- SAC to the Federal Audit Clearinghouse by submission
online at
http ://harvester. census. gov/fac/collect/ddeindex .html
And to any other Federal agencies and pass-through entities in accordance with Sections . 320 ( e) and (f), OMB
Circular A- 133 , as revised.
(f) Pursuant to Section . 320 (f), OMB Circular A-133 , as revised, the Recipient shall send a copy of
the reporting package described in Section . 320 (c), OMB Circular A- 133 , as revised, and any management letter
issued by the auditor, to the Department at the following addresses :
Rev 07/31 /2009 Page 3
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla. parrish@dca. state. fl. us]
and
Department of Community Affairs
Florida Small Cities Community Development Block Grant Program/NSP Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
( g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A- 133 , Florida Statutes,
and Chapters 10 . 550 (local governmental entities) or 10. 650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable .
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A- 133
or Chapters 10 . 550 (local governmental entities) or 10 .650 (nonprofit and for-profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473 , Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient' s fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with monthly reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department .
(b) Monthly reports are due to the Department no later than 15 days following the last day of the
preceding month and shall be sent each month until submission of the administrative close-out report . The ending
dates for each month shall be the last calendar day of the month .
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph ( 11 ) REMEDIES. " Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
Rev 07/31 /2009 Page 4
(e) The Recipient shall provide additional program updates or information that may be required by the
Department.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
other performance goals are being achieved . A review shall be done for each function or activity in Attachments A
and I to this Agreement, and reported in the monthly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on- site visits by Department staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit of the
Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by the
Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General . In addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks .
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768 .28, Fla. Stat. , the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768. 28, Fla. Stat. ,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768 .28 , Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
( 10) DEFAULT
If any of the following events occur ("Events of Default" ), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph ( 11 ). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
Rev 07/31 /2009 Page 5
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
( 11 ) REMEDIES
If an Event of Default occurs, then the Department may , upon thirty calendar days written notice to the
Recipient and upon the Recipients failure to cure within those thirty days, exercise any one or more of the following
remedies, either concurrently or consecutively :
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination. The notice shall be effective when placed in the United States , first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13 ) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to :
1 . request additional information from the Recipient to determine the reasons for or the extent of
non-compliance or lack of performance,
2 . issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3 . advise the Recipient to suspend , discontinue , or refrain from incurring costs for any activities
in question, or
4 . require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
Rev 07/31 /2009 Page 6
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat. , as amended.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined .
( 13 ) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address
set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is :
Deborah de la O, Grant Manager
Department of Community Affairs, Division of Housing and Community Development, Small Cities
Community Development/ Neighborhood Stabilization Program, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100
Telephone: ( 850) 922- 1791
Fax (850) 922-5609
Email : Deborah.delao@dca.state .fl .us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is :
Mr. Wesley S . Davis, Chairman
Indian River County
1801 27th Street
Vero Beach, FL 32960
Telephone: (772 ) 226- 1254
Fax: (772) 978- 1806
Email : none available
Rev 07/31 /2009 Page 7
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in ( 13 )(a) above.
( 14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient.
The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement,
(ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor' s performance of work under this Agreement, to the extent allowed and required by law. The
Recipient shall document in the monthly report the subcontractor' s progress in performing its work under this
Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288 .703 , Fla. Stat.
( 15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
( 16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully .
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency .
(c) This Agreement has the following attachments (check all that are applicable) :
® Exhibit 1 - Funding Sources
® Attachment A — Budget and Scope of Work
® Attachment B — Program Statutes and Regulations
❑ Attachment C — Recordkeeping (N/A)
® Attachment D — Reports
❑ Attachment E — Justification of Advance (N/A)
® Attachment F — Warranties and Representations
® Attachment G — Certification Regarding Debarment
❑ Attachment H — Statement of Assurances (N/A)
® Attachment I — Activity Work Plans
® Attachment J — Program and Special Conditions
® Attachment K — Signature Authorization Form
( 17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in
the satisfactory performance of work hereunder in an amount not to exceed $4,680,825 .00 , subject to the availability
of funds.
Rev 07/31 /2009 Page 8
(b) Any advance payment under this Agreement is subject to Section 216. 181 ( 16), Fla Stat. , and is
contingent upon the Recipient' s acceptance of the rights of the Department under Paragraph ( 12)(b) of this
Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within
the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87,
A- 1 l 0 , A- 122 and the Cash Management Improvement Act of 1990 . If an advance payment is requested below, the
budget data on which the request is based and a justification statement shall be included in this Agreement as
Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
❑ An advance payment is requested in the amount of $0. 00 . (check and complete if applicable)
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed . The
Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this
Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph ( 19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
( 18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs" and mailed directly to the Department at the following address :
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215 . 34(2), Fla . Stat. , if a check or other draft is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($ 15 .00 ) or Five Percent (5%)
of the face amount of the returned check or draft, whichever is greater.
( 19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference . The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County . If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable , then the provision shall be null and
Rev 07/31 /2009 Page 9
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336,
42 U . S.C . Section 12101 et seg . and the Florida Civil Rights and Fair Housing Acts (sections 760. 01 — 760. 37 ,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, state and local government services, and telecommunications .
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity , may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity , and may not transact business with any public entity in excess of $25 ,000 .00 for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals :
1 . are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2 . have not, within a 5-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal , state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3 . are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(8)2 . of this certification; and
4. have not within a 5-year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion "
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
Rev 07/31 /2009 Page 10
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216 , Fla.
Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
0 ) Any bills for travel expenses shall be submitted in accordance with Section 112 .061 , Fla . Stat.
(k ) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient refuses to allow public access to all documents, papers, letters , or other material subject to the
provisions of Chapter 119 , Fla. Stat. , which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department' s obligation to pay
the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U. S .C . Section 1324a(e) [ Section 274A(e) of the Immigration and Nationality Act ("INA")] . The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(n) The Recipient is subject to Florida' s Government in the Sunshine Law ( Section 286. 011 , Fla.
Statj with respect to the meetings of the Recipient' s governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public , and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U . S . C . 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency .
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
1 . No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency , a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
Rev 07/31 /2009 Page 11
2 . If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying. "
3 . The Recipient shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31 , U. S . Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each such
failure .
(21 ) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WPTH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name .
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida . If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
Rev 07/31 /2009 Page 12
(23 ) ASSURANCES .
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H .
Rev 07/31 /2009 Page 13
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number : IODB-4X- 10-40-01 -F 13
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly au orized officers on
the day , month and year set forth below. 1��]'
RECPI A- 0;� � U� " ` D?EPOF C TY AFFAIRS
By : _ �ie- -Bete: 8 / 18 / 09 . B Date :
(Authorized Signaure). ' ignature)Wes ley S . Davis Tce Bro
(Print Name)
Title: Chairman Tvision of ousing and Community
Development
Federal Tax ID# 599 -7"►60000674 q
DLJNS# Q-79 900
8 I
Rev 07/31 /2009 Page 14
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT :
Florida Small
Cities Community
Development
Block Grant
Program
Federal agency U. S . Department of
Housing and Urban
Development
Catalog of Federal Domestic Assistance title : Community
Development
Block
Grants/State' s
Program and
Nonentitlement
Grants
Catalog of Federal Domestic Assistance M 14.228
Award amount: o II & of g A
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT :
Compliance Requirement Program
1 , The Recipient will fully perform the obligations in accordance with
the Budget and Scope of Work, Attachment A of this Agreement,
the subgrant application incorporated herein by reference, 24
C. F. R, Subpart 1, Sections 570. 480 — 570. 497, the Housing and
Economic Recovery Act of 2008 (HERA), the State of Florida
2008 Substantial Amendment, and Federal Register Notice
Numbers 5255-N-01 and 5255-NO2.
2 . The Recipient shall be governed by Rule Chapter 9B- 76, F. A . C.
and federal laws, rules and regulations, including but not limited
to those identified in Attachments B and J.
Rev 07/31 /2009 Page 15
Attachment A
Scope of Work and Budget
Rev 07/31 /2009 Page 16
ATTACHMENT A: PROJECT BUDGET AND ACCOMPLISHMENTS
NSP STRATEGY 1 : Housing Acquisition/Rehabilitation of homes for sale to individuals and families with incomes less than 120 percent of AMI
ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET
ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % to 81 % to NSP $ OTHER $ SOURCE(S)
# NUMBER AMI 80% 120%
and AMI AMI
below
21B ENGINEERING
01 Acquisition Housing Unit 10 2 8 12450,000 .00 0
02 Disposition
05 Public Services for housing
counseling Family 10 2 8 51000 . 00 0
08 Relocation
13 Homeownership
Assistance
14A Rehabilitation — Single
Family Housing Unit 10 2 8 6462264 .50 0
14B Rehabilitation — Multi
Family
TOTALS 10 2 8 2 , 1012264 .50 0
ATTACHMENT A : PROJECT BUDGET AND ACCOMPLISHMENTS
NSP STRATEGY 2 : Housing Finance
ACTIVITY
ACCOMPLISHMENTS BENEFICIARIES BUDGET
ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % to 81 % to NSP OTHER $ SOURCE(S)
# NUMBER AMI 80% 120%
and AMI AMI
below
13 Homeownership Assistance (including 2 8 1602000 .00 0
Administrative Expenses Necessary to Family 10
Facilitate Homeownership)
Totals 10 2 8 16000 .00 0
ATTACHMENT A : PROJECT BUDGET AND ACCOMPLISHMENTS
NSP STRATEGY 5 : Housing Acquisition/Rehabilitation of homes for lease to individuals and families with incomes less than 120
percent of AMI. This page must include
funds set-aside for individuals and families with incomes less than 50 percent of AMI.
ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET
ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % 81 % to Total NSP $ for REGULARN OTHER $ SOURCE(S)
# NUMBER AMI to 120% activities that will SP $
and 80% AMI benefit persons at or
below AMI below 50% AMI
21B ENGINEERING
01 Acquisition Housing 10 5 5 0 750 , 000 . 00 7007000.00 0
Unit
14A Rehabilitation — Single Housing 10 5 5 0 3325282 .00 3182982 .50 0
Family Unit
14B Rehabilitation — Multi
Family
02 Disposition
08 Relocation
Totals Housing 10 5 5 0 120822282 . 00 1 ,018, 982 .50 0
Unit
ATTACHMENT A : ACTIVITY AND BUDGET SUMMARY
SUMMARY OF ALL ACTyams
This form must reflect the summary of all activities to be undertaken as well as administrative costs (not to exceed 6 . 8% of the allocation)
.
Project delivery administrative costs should be included in the activity budget (not the Administration line item) . For example, all costs related
to the specific acquisition of a
residential property should be included in the acquisition budget.
ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET
ACTIVITY ACTIVITY UNIT ESTIMATED 50% 51 % 81 % to Total NSP $ for REGULAR OTHER $ SOURCE(S)
# NUMBER AMI to 120% activities that NSP $
and 80% AMI will benefit
below AMI persons at or
below 50% AMI
21A ADMINISTRATION
3182296 .00 0
21B ENGINEERING
01 Acquisition Housing 20 5 7 8 750,000.00 23150,000.00 0
Unit
14A Rehabilitation — Single Housing 20 5 7 8 3325282 .00 9653247 .00 0
Family Unit
14B Rehabilitation — Multi
Family
02 Disposition
05 Public Services for Family 8 0 2 8 53000 .00 0
Housing Counseling
08 Relocation
13 Homeownership
Assistance (including Housing
Administrative Expenses Unit 10 0 2 8 1602000 .00 0
to Facilitate
Homeownership)
04 Clearance and
Remediation
Totals 11082,282 . 00 39598,543 . 00 0
4
Attachment B
Program Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that it will comply with the following
applicable federal and state requirements :
Section I : State and Federal Statutes and Regulations
1 . Community Development Block Grant, Final Rule , 24 34 . Flood Disaster Protection Act of 1973 , P. L . 92-234 ;
C . F. R . , Part 570. 602; 35 . Protection of Historic and Cultural Properties under
2 . Florida Small and Minority Business Act, s. 288.702- HU D Programs, 24 CFR Part 59;
288.714 , F .S . ; 36 . Coastal Zone Management Act of 1972, P. L. 92-583 ;
3 . Florida Coastal Zone Protection Act, s. 161 .52- 161 .58, 37 . Architectural and Construction Standards ;
F.S. ; 38 . Architectural Barriers Act of 1968 , 42 U .S .C . 4151 ;
4. Local Government Comprehensive Planning and Land 39 . Executive Order 11296, relating to evaluation of Flood
Development Regulation Act, Ch. 163 , F.S. ; hazards;
5 . Title I of the Housing and Community Development Act 40 . Executive Order 11288, relating to prevention, control
of 1974, as amended and abatement of water pollution;
6 . Treasury Circular 1075 regarding drawdown of NSP 41 . Cost- Effective Energy Conservation Standards, 24
funds CFR Part 39;
7. Sections 290 .0401 -290 .049 , F .S . ; 42 . Section 8 Existing Housing Quality Standards , 24 CFR
S . Rule Chapter 96-76, Fla . Admin . Code . ; Part 882;
9 . Department of Community Affairs Technical 43 . Coastal Barrier Resource Act of 1982;
Memorandums ; 44 . Federal Fair Labor Standards Act, 29 U .S .C. , s. 201 et.
10 . HUD Circular Memorandums applicable to the Small seq . ;
Cities CDBG Program; 45 . Title VI of the Civil Rights Act of 1964 - Non-
11 Single Audit Act of 1984 ; discrimination ;
12 . National Environmental Policy Act of 1969 and other 46 . Tide VII of the Civil Rights Act of 1968 - Non-
provisions of law which further the purpose of this Act; discrimination in housing ;
13 . National Historic Preservation Act of 1966 (Public 47 . Age Discrimination Act of 1975;
Law89-665) as amended and Protection of Historic 48 . Executive Order 12892- Fair Housing
Properties (24 CFR Part 800); 49 . Section 109 of the Housing and Community
14 . Preservation of Archaeological and Historical Data Act Development Act of 1974, Non-discrimination ;
of 1966; 50 . Section 504 of the Rehabilitation Act of 1973 and 24
15 . Executive Order 11593 - Protection and Enhancement CFR Part 8 ;
of Cultural Environment; 51 . Executive Order 11063 - Equal Opportunity in
16 . Reservoir Salvage Act; Housing ;
17 , Safe Drinking Water Act of 1974, as amended; 52 . Executive Order 11246 - Non -discrimination ;
18 . Endangered Species Act of 1958, as amended; 53 . Section 3 of the Housing and Urban Development Act
19 . Executive Order 12898 - Environmental Justice of 1968 , as amended - Employment/Training of Lower
20 . Executive Order 11988 and 24 CFR Part 55 - Income Residents and Local Business Contracting ;
Floodplain Management; 54 , Uniform Relocation Assistance and Real Property
21 . The Federal Water Pollution Control Act of 1972 , as Acquisition Policies Act of 1970, P. L., 100- 17 , and 49
amended (33 U .S .C . , s. 1251 et.seq .) ; CFR Part 24;
22 . Executive Order 11990 - Protection of Wetlands; 55 . Copeland Anti-Kickback Act of 1934;
23 . Coastal Zone Management Act of 1968, as amended ; 56 . Hatch Act;
24 . Wild and Scenic Rivers Act of 1968, as amended ; 57 . Title IV Lead-Based Paint Poisoning Prevention Act
25 . Clean Air Act of 1977; (42 U .S .C . , s. 1251 at. seq .) ;
26. HUD Environmental Standards (24 CFR Part 58); 58 . OMB Circulars A-87 , A- 102 , A-122 , and A-133 , as
27. Farmland Protection Policy Act of 1981 ; revised ;
28 . Clean Water Act of 1977 ; 59. Administrative Requirements for Grants , 24 CFR Part
29 . Davis - Bacon Wage Rate Act; 85;
30. Contract Work Hours and Safety Standards Act of 60. Section 102 of the Department of Housing and Urban
1962, 40 U . S .C , s . 327 at. seq . ; Development Reform Act of 1989 and 24 CFR Part 12.
31 . The Wildlife Coordination Act of 1958 , as amended ; 61 . Title III of Division B of the Housing Recovery and
32 . The Solid Waste Disposal Act, as amended by the Economic Act of 2008 (HERA) , P. L . 110-289 .
Resource Conservation and Recovery Act of 1975 (42 62 . Approved State of Florida 2008 Action Plan
U .S .C . , s . 6901 et. seq .) ; Substantial Amendment.
33 . Noise Abatement and Control : Departmental Policy 63 . Federal Register Notice Numbers 5255-N -01 and
Implementation , Responsibilities , and Standards , 24 5255-N -02 .
CFR Part 51 , Subpart B;
Page 17
Attachment C
Recordkeeping
Not Applicable
18
Attachment D
Reports
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely file these reports constitutes an event of default, as defined in
Paragraph ( 10) of this Agreement.
1 . The Contractual Obligation and MBE Report must be submitted to the Department by
April 15 and October 15 annually . The form must reflect all contractual activity for the
period. If no activity has taken place during the reporting period, the form must indicate
"no activity".
2 . A Monthly Progress Report must be submitted to the Department fifteen ( 15 ) days after
the end of the month on the report form provided by the Department. The report is due
on the 15th of the following month .
3 . The Administrative Closeout Package must be submitted to the Department forty -five
(45) days after the Agreement termination date.
4. In accordance with OMB Circular A- 133 , revised, should the Recipient meet the
threshold for submission of a single or program specific audit, the audit must be
conducted in accordance with OMB Circular A- 133 and submitted to the Department no
later than nine (9) months from the end of the Recipient' s fiscal year.
5 . The Section 3 Summary Report must be completed and submitted to the Department by
July 31 annually . The form must be used to report annual accomplishments regarding
employment and other economic opportunities provided to persons and businesses that
meet Section 3 requirements .
19
Attachment E
Justification of Advance Payment
Not Applicable
20
Documentl Attachment F
Warranties and Representations
Financial Management
Recipient' s financial management system must include the following:
( 1 ) Accurate, current and complete disclosure of the financial results of this project or
program.
(2) Records that identify the source and use of funds for all activities . These records
shall contain information pertaining to grant awards, authorizations, obligations ,
unobligated balances, assets, outlays , income and interest.
(3 ) Effective control over and accountability for all funds , property and other assets .
Recipient shall safeguard all assets and assure that they are used solely for authorized
purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment.
Whenever appropriate, financial information should be related to performance and
unit cost data,
(5 ) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
21
Competition
All procurement transactions shall be done in a manner to provide open and free competition.
The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among
contractors that may restrict or eliminate competition or otherwise restrain trade. In order to
ensure excellent contractor performance and eliminate unfair competitive advantage, contractors
that develop or draft specifications , requirements, statements of work, invitations for bids and/or
requests for proposals shall be excluded from competing for such procurements . Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the Recipient, considering the price, quality and other factors . Solicitations
shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or
offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in
the Recipient' s interest to do so .
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts . No employee, officer, or agent
shall participate in the selection, award, or administration of a contract supported by public grant
funds if a real or apparent conflict of interest would be involved. Such a conflict would arise
when the employee, officer, or agent, any member of his or her immediate family , his or her
partner, or an organization which employs or is about to employ any of the parties indicated, has
a financial or other interest in the firm selected for an award. The officers, employees, and agents
of the Recipient shall neither solicit nor accept gratuities , favors , or anything of monetary value
from contractors or parties to subcontracts . The standards of conduct shall provide for
disciplinary actions to be applied for violations of the standards by officers , employees, or agents
of the Recipient .
22
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public,
and at least one employee on site at all reasonable times for business . "Reasonable" shall be
construed according to circumstances , but ordinarily shall mean normal business hours of 8 : 00
a. m. to 5 : 00 p . m. , local time, Monday through Friday .
Licensing and Permittiniz
All subcontractors or employees hired by the Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Recipient.
23
Attachment G
01-014 �0�
y!^aicLy'#rn ' sj 3
. sr��•"''�`� ,�.� ���,, � � .� ebarmrmen S �, . ,
, ¢ a01 ntary �xcluslon e g
fhYr , '}rro. ii •'ht"F PrcfS �° ` "KSvRr� �^'�CSr^ ; 7 o itii°_�. �:. j. o_k$:.'c -.i;.i°' �` 4 ..
�?4u'�
Subcontractor Covered Transactions
( 1 ) The prospective subcontractor of the Recipient, , certifies , by
submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency .
(2) Where the Contractor' s subcontractor is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
( Sub-Contractor ' s Name) (Recipient' s Name)
Date:
(Authorized Signature)
IODB4X- 10-40-01 -F 13
(Print Name and Title) (DCA Contract Number)
(Street Address)
(City , State, Zip)
24
Attachment H
Statement of Assurances
Not Applicable
25
Attachment I
Activity Work Plans
26
NEIGHBORHOOD STABILIZATION PROGRAM/CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5 , 2009
CONTRACT NO . 10DB -4XA0 =40=01 -F13 ACTIVITY BUDGET $ 29101 , 264 .50 - Strategy 1
Date Start Date End Describe Proposed Action to be Undertaken or # Units to be Proposed Proposed Proposed
(month & ( month & Contract Special Condition completed by Regular NSP Public Services Rehabilitation
year) year) Clearance Documentation " Date End " Acquisition Housing Single Family
to be submitted by " Date End" $$ to be Counseling Regular NSP
Requested by Regular NSP $$ to be
" Date End" $$ to be Requested by
Requested by " Date End"
" Date End"
Complete Environmental Review, Submit Request 0 . 00 0 . 00 0 . 00
Aug 2009 Oct 2009 for Release of Funds & Environmental Conditions & 0
Obtain Release of Funds
Se t 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0. 00 0 . 00
Solicit for, Select and Contract with Companies to 0 . 00 0 . 00 0 . 00
Sept 2009 Nov 2009 Carry Out Due Diligence Elements (Appraisals , Title 0
Searches , Mold Inspections , etc. .
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option 0 $ 100 , 000 . 00 0. 00 0 . 00
Contracts
Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers 0 0. 00 0 . 00 0 . 00
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches , 0 0 . 00 0 . 00 0 . 00
Mold Inspections, etc. on Properties
Jan 2010 Mar 2010 Acquire Properties from REO' s 0 $ 11350700 . 00 0 . 00 0 . 00
Prepare Work Write-ups , Bid Out Renovations ,
Feb 2010 Apr 2010 Award and Execute Renovation Contracts, Issue 0 0. 00 0 . 00 $ 30 , 000 . 00
NTP to Renovation Contractors
Mar 2010 June 2010 Renovate Properties 0 0 . 00 0. 00 $ 515 , 000 . 00
Mar 2010 July 2010 Homebuyers complete required counseling course 0 0 . 00 $ 51000. 00 0. 00
April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 . 00 0. 00 $ 101 , 264. 50
10 Housing 0 . 00 0 . 00 0 . 00
May 2010 Aug2010 Sell properties to qualified homebuyers units
Submit Administrative Closeout 0 0 . 00 0 . 00 0 . 00
Sept 2010 Oct 2010 ( Rev. Aug 2004)
Note: More than one activity may be included per form .
NEIGHBORHOOD STABILIZATION PROGRAM/CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5 , 2009
CONTRACT NO . 10DB =4XA0 -40 -01 =F13 ACTIVITY BUDGET $ 160 , 000 . 00 — Strategy 2
Date Start Date End Describe Proposed Action to be Undertaken or Contract Special # Units to be Proposed
(month & ( month & Condition completed by Homeownership
year) year) Clearance Documentation " Date End " Assistance Regular
to be submitted by " Date End" NSP
$$ to be Requested
b " Date End"
Aug 2009 Oct 2009 Complete Environmental Review, Submit Request for Release of 0 0 . 00
Funds & Environmental Conditions & Obtain Release of Funds
Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00
Solicit for, Select and Contract with Companies to Carry Out Due
Sept 2009 Nov 2009 Diligence Elements (Appraisals , Title Searches , Mold Inspections , 0 0 . 00
etc.
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 0. 00
Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers 0 0 . 00
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches , Mold 0 0. 00
Inspections , etc. ) on Properties
Jan 2010 Mar 2010 Acquire Properties from REO's 0 0 .00
Feb 2010 Apr 2010 Prepare Work Write- ups, Bid Out Renovations , Award and Execute 0 0 . 00
Renovation Contracts , Issue NTP to Renovation Contractors
Mar 2010 June 2010 Renovate Properties 0 0. 00
Mar 2010 July 2010 Homebuyers complete required counseling course 0 0. 00
April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 .00
Sell properties to qualified homebuyers 10 Housing $ 160 , 000 . 00
May 2010 Auq 2010 Units
Sept 2010 1 Oct 2010
Submit Administrative Closeout 0 0. 00
Note : More than one activity may be included per form . ( Rev. Aug 2004)
NEIGHBORHOOD STABILIZATION PROGRAM/CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5 , 2009
CONTRACT NO . 101364X-10 -40-01 -F13 ACTIVITY BUDGET $ $2, 101 , 264. 500 — Strateay 5 Page 1 of 2
Date Start Date End Describe Proposed Action to be Undertaken or Contract Special # Units to be Proposed Proposed
(month & ( month & Condition completed by Acquisition Rehabilitation
year) year) Clearance Documentation " Date End" NSPLI Single Family
to be submitted by " Date End " $$ to be NSPLI $$ to be
Requested by Requested by
" Date End" " Date End"
Complete Environmental Review, Submit Request for Release
Aug 2009 Oct 2009 of Funds & Environmental Conditions & Obtain Release of 0 0. 00 0 . 00
Funds
Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0. 00
Solicit for, Select and Contract with Companies to Carry Out
Sept 2009 Nov 2009 Due Diligence Elements (Appraisals , Title Searches, Mold 0 0. 00 0. 00
Inspections , etc. .
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 $ 201000. 00 0 . 00
Oct 2009 Dec 2009 Solicit for, Select and Qualify Tenants 0 0. 00 0 . 00
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches , Mold 0 $ 30 , 000. 00 0 . 00
Inspections , etc. . ) on Properties
Jan 2010 Mar 2010 Acquire Properties from REO's 0 $ 700 , 000 . 00 0. 00
Prepare Work Write-ups , Bid Out Renovations, Award and
Feb 2010 Apr 2010 Execute Renovation Contracts , Issue NTP to Renovation 0 0. 00 $ 10, 000 . 00
Contractors
Mar 2010 June 2010 Renovate Properties 0 0. 00 $ 2351000. 00
April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0. 00 $ 87, 282 . 00
Lease properties to qualified tenants 10 Housing 0 . 00 0 . 00
May 2010 Aug2010 Units
Se t 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00 1 0. 00
Note: More than one activity may be included per form . ( Rev. Aug 2004) .
NEIGHBORHOOD STABILIZATION PROGRAM/CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5 , 2009
CONTRACT NO . 10DB4X-10 -40 -01 -F13 ACTIVITY BUDGET $ $ 29101 , 264. 50 — Strategy 5 Page 2 of 2
Date Start Date End Describe Proposed Action to be Undertaken or Contract Special # Units to be Proposed Proposed
(month & ( month & Condition completed by Acquisition Rehabilitation
year) year) Clearance Documentation " Date End " Regular NSP Single Family
to be submitted by " Date End " $$ to be Regular NSP
Requested by $$ to be
" Date End" Requested by
" Date End"
Complete Environmental Review, Submit Request for Release
Aug 2009 Oct 2009 of Funds & Environmental Conditions & Obtain Release of 0 0. 00 0 . 00
Funds
Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0. 00 0. 00
Solicit for, Select and Contract with Companies to Carry Out
Sept 2009 Nov 2009 Due Diligence Elements (Appraisals , Title Searches , Mold 0 0. 00 0 . 00
Inspections, etc. . ) .
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 $ 20, 000 . 00 0 . 00
Oct 2009 Dec 2009 Solicit for, Select and Qualify Tenants 0 0. 00 0 . 00
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals, Title Searches , Mold 0 $ 309000. 00 0. 00
Inspections , etc. . ) on Properties
Jan 2010 Mar 2010 Acquire Properties from REO ' s 0 $ 650, 000. 00 0 . 00
Prepare Work Write-ups , Bid Out Renovations , Award and
Feb 2010 Apr 2010 Execute Renovation Contracts , Issue NTP to Renovation 0 0 . 00 $ 10, 000 . 00
Contractors
Mar 2010 June 2010 Renovate Properties 0 0 . 00 $ 230 , 000 . 00
April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0 . 00 $ 78, 982. 50
Lease properties to qualified tenants 10 Housing 0. 00 0 . 00
May 2010 Aug2010 Units
Sept 2010 Oct 2010 Submit Administrative Closeout 0 0. 00 0 . 00
Note : More than one activity may be included per form . ( Rev. Aug 2004)
NEIGHBORHOOD STABILIZATION PROGRAM/CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5 , 2009
CONTRACT NO . 1013134X-10 -40 -01 -F13 ACTIVITY BUDGET $ $4, 680 , 825 . 00 — Summary Pg 1 of 3
Date Start Date End Describe Proposed Action to be Undertaken or # Units to be Proposed Proposed Proposed
(month & ( month & Contract Special Condition completed by Administration Acquisition Acquisition
year) year) Clearance Documentation " Date End" Regular NSP NSPLI $$ to Regular NSP $$
to be submitted by " Date End" $$ to be be Requested to be Requested
Requested by by " Date End " by " Date End"
" Date End"
Complete Environmental Review, Submit Request
Aug 2009 Oct 2009 for Release of Funds & Environmental Conditions & 0 0 . 00 0 . 00 0 . 00
Obtain Release of Funds
Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0 . 00 0 . 00 0 . 00
Solicit for, Select and Contract with Companies to
Sept 2009 Nov 2009 Carry Out Due Diligence Elements (Appraisals , Title 0 $ 30 , 000 . 00 0. 00 0 . 00
Searches , Mold Inspections , etc. .
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option 0 $ 40, 000. 00 $ 202000 . 00 $ 120 , 00.
00
Contracts
Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers & 0 0 . 00 0 . 00 0 . 00
Tenants
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches, 0 0 . 00 $ 30 , 000 . 00 $ 301000. 00
Mold Inspections , etc. . ) on Properties
Jan 2010 Mar 2010 Acquire Properties from REO's 0 0 . 00 $ 700 , 000 . 00 $ 21000 , 000 . 00
Prepare Work Write-ups , Bid Out Renovations,
Feb 2010 Apr 2010 Award and Execute Renovation Contracts, Issue 0 $ 30 , 000 . 00 0. 00 0 . 00
NTP to Renovation Contractors
Mar 2010 June 2010 Renovate Properties 0 $ 50 , 000 . 00 0. 00 0. 00
Mar 2010 July 2010 Homebuyers complete required counseling course 0 0. 00 0. 00 0. 00
A ril 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 $ 30 , 000. 00 0 . 00 0.
00
Sell properties to qualified homebuyers , Lease 20 Housing $ 57 , 296. 00 0 . 00 0 . 00
Ma 2010 Aug2010 Properties to Qualified Tenants Units
Se t 2010 Oct 2010 Submit Administrative Closeout 0 $ 811000 . . 00 0 . 00 0 . 00
Note : More than one activity may be included per form . ( Rev. Aug 2004)
NEIGHBORHOOD STABILIZATION PROGRAM /CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5 , 2009
CONTRACT NO , 10DB4X-10 =40 =01 =F13 ACTIVITY BUDGET $ $4, 680 , 825 .00 - Summary Pg 2 of 3
Date Start Date End Describe Proposed Action to be Undertaken or # Units to be Proposed Proposed Proposed Public
(month & (month & Contract Special Condition completed by Rehabilitation Rehabilitation Services
year) year) Clearance Documentation " Date End" Single Family Single Family Housing
to be submitted by " Date End" NSPLI $$ to Regular NSP $$ Counseling
be Requested to be Requested Regular NSP $$
by " Date End" by " Date End" to be Requested
b " Date End"
Complete Environmental Review, Submit Request
Aug 2009 Oct 2009 for Release of Funds & Environmental Conditions 0 0 . 00 0 . 00 0. 00
& Obtain Release of Funds
Sept 2009 Oct 2009 Submit Documentation to Clear Special 0 0 . 00 0 . 00 0 . 00
Conditions
Solicit for, Select and Contract with Companies to
Sept 2009 Nov 2009 Carry Out Due Diligence (Appraisals , Title 0 0 . 00 0 . 00 0. 00
Searches , Mold Inspections , etc. . ) Elements
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option 0 0 . 00 0 . 00 0 . 00
Contracts
Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers & 0 0 . 00 0 . 00 0 . 00
Tenants
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title 0 0 . 00 0 . 00 0 . 00
Searches , Mold Inspections, etc. . ) on Properties
Jan 2010 Mar 2010 Acquire Properties from REO' s 0 0 . 00 0. 00 0. 00
Prepare Work Write-ups , Bid Out Renovations,
Feb 2010 Apr 2010 Award and Execute Renovation Contracts , Issue 0 $ 10, 000 . 00 $ 40 , 000 . 00 0 . 00
NTP to Renovation Contractors
Mar 2010 June 2010 Renovate Properties 0 $ 235, 000. 00 $ 745 , 000 . 00 0 . 00
Mar 2010 July 2010 Homebuyers complete required counseling course 0 0 . 00 0 . 00 $ 5, 000 . 00
April 2010 July 2010 Final Inspection / Punchlist / Construction 0 $ 87 , 282 . 00 $ 180 ,247 . 00 0 . 00
Complete
Sell properties to qualified homebuyers , Lease 20 Housing 0 . 00 0 . 00 0 . 00
May 2010 Aua 2010 Properties to Qualified Tenants Units
Sept 2010 Oct 2010
Submit Administrative Closeout 0 0 . 00 0 . 00 0 . 00
Note : More than one activity may be included per form . (Rev. Aug 2004 )
NEIGHBORHOOD STABILIZATION PROGRAM/CDBG
DEPARTMENT OF COMMUNITY AFFAIRS
ACTIVITY WORK PLAN
RECIPIENT Indian River County DATE PREPARED August 5, 2009
CONTRACT NO. 101313-4X-10 -40 -01 -F13 ACTIVITY BUDGET $ $4,680 , 825.00 — Summary Pct 3 of 3
Date Start Date End Describe Proposed Action to be Undertaken or Contract Special Condition # Units to be Proposed
(month & (month & Clearance Documentation completed by Homeownership
year) year) to be submitted by " Date End" " Date End" Assistance
Regular NSP
$$ to be
Requested by
" Date End"
Aug 2009 Oct 2009 Complete Environmental Review, Submit Request for Release of Funds & 0 0 . 00
Environmental Conditions & Obtain Release of Funds
Sept 2009 Oct 2009 Submit Documentation to Clear Special Conditions 0 0. 00
Sept 2009 Nov 2009 Solicit for, Select and Contract with Companies to Carry Out Due Diligence 0 0 . 00
(Appraisals, Title Searches, Mold Inspections , etc. . Elements
Oct 2009 Dec 2009 Solicit For Homes to Acquire and Secure Option Contracts 0 0 . 00
Oct 2009 Dec 2009 Solicit for, Select and Qualify Homebuyers & Tenants 0 0. 00
Nov 2009 Feb 2010 Perform Due Diligence (Appraisals , Title Searches , Mold Inspections , etc. . ) on 0 0 . 00
Properties
Jan 2010 Mar 2010 Acquire Properties from REO' s 0 0 . 00
Feb 2010 Apr 2010 Prepare Work Write-ups, Bid Out Renovations , Award and Execute 0 0. 00
Renovation Contracts , Issue NTP to Renovation Contractors
Mar 2010 June 2010 Renovate Properties 0 0 . 00
April 2010 July 2010 Final Inspection / Punchlist / Construction Complete 0 0. 00
Sell properties to qualified homebuyers , Lease Properties to Qualified Tenants 20 Housing $ 1601000 . 00
May 2010 Au 2010 Units
Se t 2010 Oct 2010 Submit Administrative Closeout 0 0 . 00
Note: More than one activity may be included per form . (Rev. Aug 2004)
Attachment J
Program and Special Conditions
I . The Recipient shall maintain records of expenditure of funds from all sources that
will allow accurate and ready comparison between the expenditures and the
contracted budget/activity line items as defined on Attachment A (Budget) and
Attachment I (Work Plans).
2. If necessary, the Recipient shall retain sufficient administration funds to ensure
Internet access, including email, for the duration of the Agreement, including any
time extensions . If the Recipient does not already have a computer designated to
the person responsible for grant oversight, which is located in the program office
and capable of Internet access , administrative funds may be used as needed to
obtain, at reasonable cost, a computer to allow Internet access .
3 . No costs may be incurred prior to the effective date of this Agreement, except for
those eligible application preparation costs outlined in the original Subgrant
Application submitted to the Department, unless pre-agreement costs were
approved in writing.
4 . For each professional services contract for which NSP funding will be requested,
the Recipient shall submit a copy of the following procurement documents :
a. Public notice of the request for proposals, including an affidavit of
publication;
b . List of entities to whom a notification of the request for proposals was
provided by mail or fax (if applicable);
C . For engineering contracts , a list of firms that submitted a proposal (only if
short-listing procedure was used) ;
d . Completed short-listing evaluation/ranking forms, including any ranking
summary document, and document transmitting the short-listed firms to
the Recipient (only if short-listing procedure used) ;
e . Completed and signed final evaluation/ranking forms ;
f. Recipient minutes approving contract award;
g . Cost breakout from selected firm used for completion of the cost analysis
(if pricing information was not submitted with proposals) ;
h . Contract (signed or proposed) ;
27
i . Truth -in-Negotiation certification (if not in the contract) for engineering
contracts over $ 150 , 000;
j . If a protest was filed, a copy of the protest and documentation of
resolution;
k. A request for the Department ' s approval of a single source procurement if
only one firm was considered and the contract exceeds $25 , 000 .
Additionally, the Recipient shall not enter into a contract to be paid with
NSP funds based on a sole source or single proposal procurement without
prior written approval from the Department. Failure to secure prior
written approval shall relieve the Department of any obligation to fund
said contract. Any previous payments to the Recipient to fund said
contract shall be ineligible and shall be repaid to the Department by the
Recipient.
1 . If a regional planning council or local government is performing services ,
the Recipient shall submit only a copy of the contract and cost analysis
information; and
M. If professional services procurement will not be undertaken, advise the
Department in writing no later than ninety days from the effective date.
4 . Prior to the obligation or disbursement of any funds , except for administrative
expenses not to exceed fifty thousand dollars ($50, 000) , no later than ninety days
from the effective date of this Agreement, the Recipient shall complete the
following :
a. The documentation required in paragraph 3 above for any professional
services contract.
b . Comply with procedures set forth in 24 CFR Part 58, Environmental
Review Procedures for Title I Community Development Block Grant
Programs and 40 CFR Sections 1500- 1508, National Environmental
Policy Act Regulations . When this condition has been fulfilled to the
satisfaction of the Department, the Department will issue a Notice of
Removal of Environmental Conditions .
5 . The Recipient shall obtain approval from the Department prior to requesting NSP
funds for engineering activities and costs which are additional engineering as
defined in Rule Chapter 913-76, Florida Administrative Code.
6 . Should the Recipient undertake any activity subject to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), the
Recipient shall document completion of the acquisition by submitting all
documentation required for a desk monitoring of the acquisition, including notice
28
to the properly owner of his or her rights under URA, invitation to accompany the
appraiser, all appraisals , offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as
applicable. The documentation shall be submitted prior to completing the
acquisition (closing) so that the Department can determine whether remedial
action may be needed. This program condition shall remain in effect until the
Recipient is released by the Department through written notification.
7 . The Recipient will comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 , as amended (42 U. S . C. 4601 ), and implementing regulations at 49 CFR Part
24, except as those provisions are modified by the Notice for the NSP program
published by HUD . NSP requires an exception to the Uniform Relocation Act
and purchase price requirements under CDBG regulations . URA requires that
sellers of property acquired with CDBG funds be paid an amount equal to the
appraised value of the property . Properties receiving NSP funds must be
purchased at a price which is at least 1 % less than the current appraised value of
the property . An appraisal by the purchasing entity is required and must have been
done within 60 days of any offer. All other URA requirements, including
relocation, continue to apply .
8 . If applicable, the Recipient shall, prior to the disbursement of any NSP
administrative funds exceeding $ 50, 000 . , provide to the Department a copy of all
engineering specifications and construction plans, if required, for the activities
described in the Agreement. The Recipient shall also furnish to the Department,
prior to soliciting bids or proposals , a copy of bid documents for services and/or
materials to provide those services and/or materials for construction activities
when the bids are expected to exceed $25 , 000 . Additionally , the Recipient shall
not publish any request for bids for construction purposes or distribute bid
packages until the Department has provided its written acceptance of the
engineering specifications, construction plans, and bid documents .
9 . The Recipient shall affirmatively further fair housing, which means that it shall
conduct an analysis to identify impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments
identified through that analysis , and maintain records reflecting the analysis and
actions in this regard. The Recipient shall annually undertake an activity to
affirmatively further fair housing pursuant to 24 CFR Section 570. 487(b)(4).
" Annually " shall be defined as an activity for each year or one-third thereof from
the effective date of the Agreement to the date of submission of the administrative
closeout package. -
10 . The resulting product of any activity funded under this Agreement as amended
shall be ineligible for rehabilitation or replacement with NSP funds for a period of
five (5 ) years .
29
11 . Any interest in real property (excluding easements) which is assisted, acquired or
improved with NSP funds shall be subject, at a minimum, to the affordability
requirements of 24 CFR Sections 252 and 254 . The restrictive covenants shall be
recorded in the public records of the county where the real property is located,
and shall be enforceable with respect to the real property for the entire period of
affordability . This restriction shall limit the use of that real property to the use
stated in the Sub-grant Application. Any future disposition of that real property
shall be in accordance with 24 CFR Section 85 . 31 . Any future change of use
shall be in accordance with 24 CFR Section 570. 4890 ).
12 . The activities concerning lead-based paint will comply with the requirements of
24 CFR Part 35 , subparts A, B , J, K, and R. For structures constructed prior to
1978 , the Recipient shall require that appropriate abatement procedures will be
undertaken if lead-based paint is found on a structure scheduled for rehabilitation
in whole or in part with NSP funds and that the owners and/or occupants of the
building will be advised :
a. The property may contain lead-based paint;
b . The hazards of lead-based paint;
C. The symptoms and treatment of lead poisoning;
d. The precautions to be taken to avoid lead-based paint poisoning (including
maintenance and removal techniques for eliminating such hazards) ;
e . The need for and availability of blood lead-level screening for children
under seven years of age; and
13 . The Recipient shall comply with the historic preservation requirements of 24 CFR
58 . 17 and the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings .
14 . Pursuant to Section 102(b), Public Law 101 -235 , 42 U. S . C. Section 3545 , the
Recipient shall update and submit Form HUD 2880 to the Department within 30
days of the Recipient's knowledge of changes in situations which would require
that updates be prepared. The Recipient must disclose :
a. All developers, contractors , consultants , and engineers involved in the
application or in the planning, development, or implementation of the
project or NSP funded activity ; and
b . Any person or entity that has a financial interest in the project or activity
that exceeds $ 50, 000 or ten percent ( 10%) of the grant, whichever is less .
30
15 . A final Form HUD 2880, if required, shall be provided to the Department with the
request for administrative closeout, and its absence or incompleteness shall be
cause for rejection of the administrative closeout.
16 . Conflicts of interest relating to procurement shall be addressed pursuant to 24
CFR 570 . 489(8) . Conflicts of interest relating to acquisition or disposition of real
property ; NSP financial assistance to beneficiaries , businesses , or other third
parties ; or any other financial interest, whether real or perceived, shall be
addressed pursuant to 24 CFR 570. 489(h) .
17 . The Recipient shall take photographs or video of all activity locations prior to
initiating any NSP-assisted activity . As the construction progresses, additional
photography or videography shall document the ongoing improvements . Upon
completion of construction, final documentation of the activity locations will be
provided to the Department with the administrative closeout package.
18 , If an activity is designed by an engineer, architect, or other licensed professional ,
it shall be certified upon completion by a licensed professional as meeting the
specifications of the design, as may have been amended by change orders . The
date of completion of construction shall be noted as part of the certification. This
certification shall be accomplished prior to submission of an administrative
closeout package, and a copy of the certification shall be submitted with the
administrative closeout package.
19 . The Recipient warrants that it possesses the legal authority to cavy out the
programs for which it is seeking funding, in accordance with applicable HUD
regulations and other program requirements .
20 . The Recipient shall comply with section 3 of the Housing and Urban
Development Act of 1968 ( 12 U . S . C . 1701u), and implementing regulations at 24
CFR Part 135 .
21 . The Recipient will comply with the requirement that all of the NSP funds made
available to it will be used with respect to individuals and families whose incomes
do not exceed 120 percent of area median income. All funds allocated to assist
the NSP Low-Income (NSPLI) target population must be used to provide rental
housing for those individuals and families whose incomes do not exceed 50
percent of area median income.
22. The Recipient will not attempt to recover any capital costs of public
improvements assisted with CDBG funds , including Section 108 loan guaranteed
funds, by assessing such costs against properties owned and occupied by persons
of low- or moderate-income. No fee may be charged or assessed as a condition of
obtaining access to such public improvements . However, if NSP funds are used to
pay the portion of a fee or assessment attributable to the capital costs of public
improvements assisted in part with NSP funds or financed from other revenue
31
sources, an assessment or charge may be made against the property with respect
to the public improvements financed by a source other than CDBG funds . In
addition, with respect to properties owned and occupied by moderate-income (but
not low-income) families , an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than
NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover
the assessment .
23 . The Recipient certifies that it has adopted and is enforcing : ( 1 ) a policy
prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights
demonstrations ; and (2) a policy of enforcing applicable State and local laws
against physically barring entrance to or exit from, a facility or location that is
the subject of such non-violent civil rights demonstrations within its jurisdiction .
24 . The NSP grant will be conducted and administered in conformity with Title VI of
the Civil Rights Act of 1964 (42 U . S . C . 2000d), the Fair Housing Act (42 U . S . C .
3601 -3619) , and implementing regulations .
25 . The Recipient acknowledges and agrees to comply with the requirement that all
purchases of foreclosed or abandoned property must be purchased at a price
which is at least 1 % below appraised value for individual purchase transactions,
with the appraisal being conducted within 60 days of the final offer to the
purchase being made.
Mitigation of fraud , waste and abuse
26 . Recipient shall warrant and assure that no entity receiving NSP funds has been
convicted of a State or Federal felony crime involving fraud, bribery, theft,
misrepresentation of material fact, misappropriation of funds , or similar criminal
offenses within ten years preceding execution of this Agreement.
27 . Recipient shall warrant and assure that no entity receiving NSP funding has
defaulted on any obligation covered by a surety or performance bond, or been the
subject of a claim under an employee fidelity bond .
28 . Recipient shall warrant and assure that no developer (non-profit or for-profit)
receiving NSP funds has defaulted on a mortgage or had a mortgage foreclosed
during the five years preceding the date of execution of this Agreement.
32
29 . Recipient shall warrant and assure that no entity receiving NSP funds has
unresolved findings that were raised as a result of any Department or HUD audit,
management review, or other government investigation concerning the entity, its
developments, or contracts.
30 . Recipient shall warrant and assure that no entity receiving NSP funds has been in
breach of any agreement relating to construction, rehabilitation, use, operation,
management, or disposition of real property , or had payments suspended or
terminated under any state or federal assistance contract.
31 . The Department reserves the right to require the Recipient to contract with a third
party management or accounting entity to audit any or all real estate and financial
transactions involving NSP funds .
Use of Third Party Entities
1 . Before disbursing any NSP funds to any entity , the Recipient must enter into a
written agreement with that entity . Before disbursing any NSP funds to any entity ,
the Recipient must either directly or indirectly oversee the execution of written
agreements with that entity , including sub-recipients, contractors, and property
owners , that ensure the proper use of funds and compliance with applicable
regulations. Sub-recipients must also enter into, or oversee the execution of,
written agreements with or between any contractors, property owners , or other
entities , prior to disbursing NSP funds.
2 . The Recipient shall monitor the day-to -day operations of sub-recipient activities
to assure compliance with applicable Federal requirements and performance
goals . Recipient monitoring must cover each NSP strategy , function, or activity.
Housing Rehabilitation Standards
1 , The Recipient shall provide assistance for the rehabilitation of housing in a
floodplain only after documenting in the rehabilitation case file for that structure
that the Recipient and the beneficiary are in compliance with the Flood Disaster
Protection Act of 1973 . This documentation must address, at a minimum,
elevation requirements, erosion, and water, sewage, or septic tank requirements .
Each structure located within a floodplain that is rehabilitated to any extent with
NSP funds shall be insured under the National Flood Insurance Program until at
least submission of the administrative closeout package.
2 . The Recipient must comply with the NSP Housing Assistance Plan (HAP) that
was provided to the Department as part of the application process . The Recipient
agrees that this Housing Assistance Plan will be followed unless waived by the
local governing body and approved by the Department. Department approval is
required for HAP revisions made after application deadline.
33
3 . Bids for rehabilitation or reconstruction of housing units shall only be accepted
from contractors who are properly licensed by the State of Florida, Department of
Business and Professional Regulation and any local government agency
responsible for oversight.
5 . Change orders for housing rehabilitation or reconstruction shall be approved by
the housing unit owner or his or her representative, the contractor and a
representative of the local government prior to initiation of work based on that
change order.
6 . To document completion of construction, each housing unit case file shall contain
the following information :
a. A statement from the contractor that all items on the initial work write-up
and those modified through change orders are complete;
b . An acknowledgment that the housing unit meets the applicable local code
and Section 8 Housing Quality Standards, signed and dated by the local
building inspector or the local government ' s housing rehabilitation
specialist;
c . A signed statement by the housing unit owner or his or her representative
that the work has been completed based on the work write-up and change
orders . Should all requirements be fulfilled and the homeowner or their
representative refuse to acknowledge completion of the work, the housing
unit case file shall be documented with a statement detailing the stated
reason for said refusal ;
7 . Recipients are responsible for verifying and maintaining documentation verifying
that households receiving direct benefit, in the form of hook-ups to potable water
and/or sewage collection lines , meet program requirements regarding the low-,
moderate- and middle income national objective. The filing system must be
maintained locally and at a minimum contain the following :
a. The name of the owner, the address of the property , and family size;
b . The method and source of how household income was verified;
C. Documentation that reflects the income of the household is below NSP
income limits based on family size;
d. The method and source of home ownership was verified with official
documentation; and,
34
e. An acceptable written agreement with the owner(s) as to affordability and
subsequent rate increase, if rental property is involved.
The information must be maintained for review and verification during on-site
monitoring visits ; and,
8 . The following data will be provided by housing unit as part of the administrative
closeout for each NSP activity providing direct benefit (i . e. down payment
assistance, temporary relocation, rehabilitation, etc. ) and summarized by activity
and submitted with the administrative closeout package:
a. Address of each housing unit acquired and/or rehabilitated with NSP
funds , the date the construction or sale was completed on the housing unit,
and the amount of NSP funds spent on that housing unit;
b . Whether the household is headed by a female, the number of handicapped
persons in the household, the number of elderly persons in the household,
and the LMMI status of the household ;
C' The number of occupants in the household, categorized by gender; and
d The racial demographics of the household by number (white, black,
Hispanic, Asian/Pacific Islander. Hasidic Jew or American Indian/Alaskan
native.
35
Attachment K
Signature Authorization Foran
36
Attachment K
Department of Community Affairs
Neighborhood Stabilization Program
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM 2Q09 AUG 2 � Pry 3�
_ Submit an ori Inal Slggnature Authority Form with each contract. _
Recipient Contract # Local Government DUNS
Number
I Indian River County 10DB-4X- 10-40-01 -F13 079208989
Mailing Address (Street or Post Office Box) ^�
1801 27th Street
City, State and Zip Code —�
Vero Beach Florida 32960-338.8
Project Contact Person Telephone #
_(772 226-1254.
Robert M . Keating, Community Development Director E-mail Address
bkeatin Ca irc og vcom
Financial Contact Person Telephone #
772 226- 1205
Diane Bernardo - Finance Director E-mail Address M-
__ , dbernardo_@clerk. indian-river. org
Requests for Funds ( RFFs) from the Florida Small Cities CDBG Program require (check one): [ ] 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 Derliod . _
Typed Name Date iSi atur
Robert M . Keating, Community Dev Director _
' [ X ] Check here if the above person will be the E-mail Ad ess
_ designated FloridaPAPERS user. bkeating@ircgov. 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 FloridaPAPERS user.
1
I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
l
I Funds and to submit RFF's electronically to the Small Cities Community Development Block Grant Program using FlcridaPAPERS .
1 Typed NameDate ^
Wesley S . Davis, BCC Chairman — U .gust-1 $ ,�QO
If [X] Check here if your local government utilizes Electronic Funds Transfer ( EFT) from the Stare of Florida .
[X] Check here if your local government will be working on a reimbursement basis.
[ ] If this signature authority form pertains to a housing grant, check here if your local government will use an escrow account
for housing activities. _ .... i
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
i Program at 850/922- 1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website : htto : //fIair.dbf. state .fl . us/ .
Local 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
RBC Bank _ 053100850-76800_27195
Street Address or Post Office Box Telephone Number
1417 Centura Hyhw _ - _._ „ (252) 454-3557 or (800) 226-5985
City, State and Zip Code _
Roc Mount1 NC 27802
EXHIBIT C =FEE SCHEDULE FROM BID FORM
BID FORM #b (Revised, Addendum 7F.0
Bidder Environmental Services. Inc.
(Bidder ' s Name)
hereafter called " CONTRACTOR" , hereby submits
TO : INDIAN RIVER County Purchasing Division
1800 27th Street
Vero Beach, Florida 32960
Project : Indian River County Bid # 2009047
Project Name : Neighborhood Stabilization Program CDBG Housing Acquisition Services
Indian River County, Florida
Bid: Lead Inspection Services
The Bidder, having carefully and to its full satisfaction examined the Contract Documents , for that Project
known as : Neighborhood Stabilization Program CDBG Housing Acquisition Services and being familiar
with all of the conditions surrounding the proposed Work, hereby proposes to furnish and pay for all
related labor, equipment, materials, supplies, services, and fees, required fully to complete all Work for the
Project in accordance with all requirements of the Contract Documents, and to complete the Work in
accordance with the Contract Documents, within the time set forth therein and at the prices stated in this
Bid Form
Proposed Contract Sum per lead inspection of a single family detached property :
Base Bid Amount of:
Seven Hundred and Fifty Dollars ($ 750 .00 )
Base Bid Price Written
Proposed Contract Sum per risk assessment of a single family detached property :
Base Bid Amount of:
Five Hundred Dollars ($ 500.00 )
Base Bid Price Written
Proposed Contract Sum per clearance test of a single family detached property :
Base Bid Amount of:
Five Hundred Dollars ($ 500.00 )
Revised page 26 of 39
EXHIBIT D INSURANCE REQUIREMENTS
CONTRACTOR must provide OWNER with proof that it has insurance as follows :
a . Workers ' Compensation — to meet statutory limits in compliance with the Workers '
Compensation Law of Florida . This policy must include Employer Liability with a limit of
$ 100 , 000 for each accident , $ 500 , 000 disease ( policy limit) and $ 100 , 000 disease ( each
employee) .
b . Commercial General Liability — coverage shall provide minimum limits of liability
of $ 500 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage .
This shall include coverage for :
■ Premises/Operations
■ Products/Complete Operations
■ Contractual Liability
■ Independent Contractors
C . Business Auto Liability — coverage shall provide minimum limits of liability of
$ 500 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage .
This shall include coverage for:
■ Owned Autos
■ Hired Autos
■ Non - Owned Autos
The required insurance shall be evidenced by delivery to the County of 1 ) certificates of
insurance executed by the insurers listing coverages and limits , expiration dates and terms
of policies and all endorsements whether or not required by the County , and listing all
carriers issuing such policies ; and 2 ) upon request , a certified copy of each policy ,
including all endorsements . The insurance requirements shall remain in effect throughout
the term of this Agreement .
Each insurance policy shall include the following conditions by endorsement to the policy :
1 . . Contractor shall also notify County , in a like manner , within twenty-four (24) hours after
receipt , of any notices of expiration , cancellation , nonrenewal , or material change in
coverage received by Contractor from its insurer ; and nothing contained herein shall
absolve Contractor of this requirement to provide notice .
2 . Companies issuing the insurance policy , or policies , shall have no recourse against
County for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor .
3 . The term " County" or " Indian River County" shall include all Authorities , Boards ,
Bureaus , Commissions , Divisions , Departments , and Offices of County and individual
members , employees thereof in their official capacities , and /or while acting on behalf of
Indian River County .
4 . Indian River County Board of County Commissioners shall be endorsed to the required
policy or policies as an additional named insured .
5 . The policy clause " Other Insurance" shall not apply to any insurance coverage currently
held by County to any such future coverage , or to County' s self- insured retention of
whatever nature . County hereby waives subrogation rights for loss or damage against the
County .
EXHIBIT E LOBBYING CERTIFICATION
Contractor acknowledges/certifies as follows :
A . Lobbying Restrictions
( 1 ) No funds or other resources received from DEPARTMENT under this
Agreement may be used directly or indirectly to influence legislation or any
other official action by the Florida Legislature or any state agency .
(2) Contractor certifies by its signature to this Agreement that , to the best of its
knowledge and belief:
i . No Federal appropriated funds have been paid or will be paid , by or
on behalf of Contractor , to any person for influencing or attempting to
influence an officer or employee of any agency , a Member of
Congress , an officer or employee of Congress , or an employee of a
Member of Congress in connection with the awarding of any Federal
contract , the making of any federal grant , the making of any Federal
loan , the entering into of any cooperative agreement , and the
extension , continuation , renewal , amendment , or modification of any
Federal contract , grant , loan , or cooperative agreement ;
ii . If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency , a Member of Congress , an officer
or employee of Congress , or an employee of a Member of Congress ,
in connection with this Federal contract , grant , loan , or cooperative
agreement , it will complete and submit Standard Form- LLL ,
" Disclosure Form to Report Lobbying " .
iii . Contractor shall require that this certification be included in the award
documents for all sub - awards at all tiers ( including subcontracts ,
subgrants , and contracts under grants , loans , and cooperative
agreements) and that all subcontractors shall certify and disclose
accordingly .
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into . Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352 ,
Title 31 , United States Code . Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $ 10 , 000 and not more than
$ 100 , 000 for each such failure .
Contractor ( Company) Name : Environmental Se ices , Inc
Signature of Authorized Representative :
Printed name : 1 . Rhodes Robinson Date : 26 March 2010
FACommunity Development\CDBG\2008 NSP\Contracts\Bidders\FINAL CONTRACTS\MS Word Versions\Group #2\Bid #6 - Environmental
Services, Inc . Lead professional services agreement.doc