HomeMy WebLinkAbout2009-273A ► o
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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
SUBRECIPIENT AGREEMENT
BETWEEN
INDIAN RIVER COUNTY
AND
THE INDIAN RIVER COUNTY HOUSING AUTHORITY
FOR
PURCHASE, REHABILITATION , AND RESALE OF
FORECLOSED PROPERTIES TO INDIVIDUALS AND
FAMILIES WITH INCOMES NOT EXCEEDING 120 PERCENT
OF THE AREA MEDIAN INCOME
2010
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Table of Contents
Page
Article I Project Description 4
Article II Disbursements 4
Article III Recordkeeping 4
Article IV Reporting 5
Article V Audit requirements 6
Article VI Monitoring 9
Article VII Agreement Period and Termination 9
Article VIII Indemnification 12
Article IX Procedures for Invoicing and Payment 12
Article X Subcontracts 13
Article XI Implementation and Timetable 13
Article XII Other Provisions 14
Article XIII Copyright, Patent and Trademarks 23
Article XIV Notices 24
Article XV Modification 24
Article XVI Assurances 24
Article XVII Financial Responsibility 26
Article XVIII Evaluation and Monitoring 27
Article XIX Uniform Administrative Requirements 27
Article XX Non-Governmental Agencies 28
Article XXI Conflict of Interest 28
Article XXII Other Federal Requirements 28
Article XXIII General Provisions 29
Article XXIV Insurance and Bond 30
Appendix A Scope of Services 32
Appendix B Schedule of Primary Tasks and Responsibilities 36
Appendix C State and Federal Statutes, Regulations and Program
Condition 43
Appendix D Certification Regarding Debarment, Ineligibility and
Voluntary Exclusion 44
Appendix E Budget 45
Appendix F Sub-Recipient' s Payment for Services 46
Appendix G Reimbursement Request 47
Appendix H Invoice Sheet 48
Appendix I Monthly Status Report 49
Appendix J Sample Monitoring Instrument 50
Appendix K Reports Required By DCA for the NSP Program 51
Appendix L Timetable 52
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SUBRECIPIENT AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND
INDIAN RIVER COUNTY HOUSING AUTHORITY
This Agreement is made and entered in this 22 day of 2010, by and between the
Board of County Commissioners of Indian River County, a Political Subdivision of the State of
Florida, hereafter referred to as "COUNTY", and the Indian River County Housing Authority a
Local Authority, hereafter referred to as "SUBRECIPIENT"
WITNESSETH :
WHEREAS, COUNTY has been awarded a Neighborhood Stabilization Program
Community Development Block Grant (CDBG) Contract # 10D13 4X40-40=01413 , from the
Department of Community Affairs (DCA), hereafter referred to as "DEPARTMENT", which
provides for the purchase, rehabilitation, administration, and sale of foreclosed properties to
eligible very low, low and moderate income families; and
WHEREAS, said Grant allows COUNTY to contract with local housing authorities to
administer and implement projects that are eligible for Neighborhood Stabilization Program
CDBG funding; and
WHEREAS , it is in the best interest of COUNTY to enter into a special Agreement with
SUBRECIPIENT for the implementation of a portion of said Grant; and
WHEREAS , COUNTY wishes to engage the services of SUBRECIPIENT to implement
a portion of the Neighborhood Stabilization Program Community Development Block Grant for
purchase, rehabilitation, and sale of foreclosed properties; and
WHEREAS , on April 13 , 2009, the County issued a Request for Proposals (RFP) for
qualified organizations to purchase foreclosed and/or abandoned NSP eligible residential housing
units in Indian River County, maintain the housing units during rehabilitation, obtain sufficient
information from an applicant to qualify the applicant as a potential homebuyers, and provide
guidance to qualified applicants toward obtaining a first mortgage from a conventional lender.
Said first mortgage to be used to purchase an affordable housing unit previously acquired by the
SUBRECIPIENT in compliance with all the rules required by NSP1 and administered by the
State of Florida's utilizing the NSP1 Substantial Amendment; and
WHEREAS, on May 6, 2009 , two (2) applications were received by COUNTY in
response to the RFP, but only the application from SUBRECIPIENT was deemed responsive to
carry out the purchase, rehabilitation, and resale activity; and
WHEREAS , SUBRECIPIENT has agreed to utilize up to $2 , 101 ,264 . 50 in Neighborhood
Stabilization Program CDBG funds to acquire, rehabilitate, and sell a minimum of ten housing
units, unless the County/DCA contract is amended to revise the number of units; and
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WHEREAS , SUBRECIPIENT has agreed that the proposed activity must benefit
households with household incomes not exceeding 120 percent of the Area Median Income; and
WHEREAS , this agreement is contingent upon the award of Neighborhood Stabilization
Program Community Development Block Funds from DEPARTMENT.
NOW THEREFORE, in consideration of the mutual promises and covenants, the parties agree as
follows :
ARTICLE I — PROJECT DESCRIPTION
1 . 1 SUBRECIPIENT agrees to implement the Scope of Services described in detail in
Appendix A & B .
ARTICLE II — DISBURSEMENTS
2 . 1 COUNTY agrees to coordinate with SUBRECIPIENT to expend no more than
$2, 101 ,264. 50 in Neighborhood Stabilization Program Community Development Block
Grant (CDBG) funds, as outlined in Appendix E, Budget
ARTICLE III — RECORDKEEPING
3 . 1 As applicable, SUBRECIPIENT'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. "
3 . 2 SUBRECIPIENT shall retain detailed records in a format acceptable to County to show
its compliance with the terms of this Agreement, and the compliance of all subcontractors
or consultants paid from funds under this Agreement, for a period of six years from the
date the audit report, described in Section V of this Agreement, is issued, and shall allow
DEPARTMENT or its designee, the State Chief Financial Officer or the State Auditor
General, access to the records upon request. SUBRECIPIENT shall ensure that audit
working papers are available to DEPARTMENT or its designee, the State Chief Financial
Officer or the State Auditor General , upon request for a period of six years from the date
the audit report is issued, unless extended in writing by DEPARTMENT . The six year
period may be extended for the following exceptions :
a. If any litigation, claim or audit is started before the six year period expires and
extends beyond the six year period, the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved .
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b. Records for the disposition of non-expendable personal property valued at $ 5 ,000
or more at the time it is acquired shall be retained for six years after final
disposition.
c . Records relating to real property acquired shall be retained for six years after the
closing on the transfer of title.
3 . 3 SUBRECIPIENT shall maintain all records for SUBRECIPIENT and for all
subcontractors or consultants who contract with SUBRECIPIENT for goods or services
which are to be paid through the subrecipient from funds provided under this Agreement,
including documentation of all program costs, in a form sufficient to determine
compliance with the requirements and objectives of the Scope of Services we Appendix A
and the Budget -Appendix E and all other applicable laws and regulations .
3 .4 SUBRECIPIENT, its employees or agents, including all subcontractors or consultants
who contract with the SUBRECIPIENT for goods or services which are to be paid
through the SUBRECIPIENT from funds provided under this Agreement, shall allow
access to its records related to all funds provided under this Agreement at reasonable
times to DEPARTMENT, its employees, and agents. "Reasonable " shall ordinarily mean
during the normal business hours of 8 : 00 a.m. to 5 : 00 p.m. , local time, on Monday
through Friday. " Agents " shall include, but not be limited to , auditors retained by
DEPARTMENT and/or COUNTY.
ARTICLE IV — REPORTING
4 . 1 SUBRECIPIENT shall provide COUNTY with a monthly report during the period the
DCA NSP Agreement is opened. The reports shall include information on all activities
for which SUBRECIPIENT is receiving funding. The reports shall include a narrative
summary of progress and a financial statement on SUBRECIPIENTS expenditures for
which SUBRECIPIENT has contracted and the vendor has not received payment or
SUBRECIPIENT has not received reimbursement for payment to the vendor from the
County during the reporting period. Reports may be submitted on the report form
attached to this Agreement, Appendix I, or on another format containing the same
information as found in Appendix I . Reports are due on the fifth day of each month,
unless on an otherwise agreed upon schedule, and shall begin on the effective date of this
Agreement and continue until all information concerning the project has been received by
COUNTY for close-out.
4 . 2 SUBRECIPIENT shall provide the Indian River Community Development Department
with additional program information as reasonably requested.
4 . 3 The grant close-out report is due to COUNTY 30 days after termination of this
Agreement or 30 days after completion of the strategies contained in this Agreement,
whichever first occurs.
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4 .4 If all required reports and copies are not submitted to COUNTY or are not completed in a
manner acceptable to COUNTY, after 30 days advance written notice to
SUBRECIPIENT, COUNTY may withhold further payments until they are completed or
may take other action as stated in Paragraph 7 . 2-13 REMEDIES . " Acceptable to
COUNTY " means that the work product was completed in accordance with the Appendix
A, Scope of Services, and Appendix E, Budget.
4 .5 SUBRECIPIENT shall provide additional program updates or information that may be
required by DEPARTMENT and/or COUNTY.
4 . 6 SUBRECIPIENT shall provide additional reporting information required to complete the
reports identified in Appendices I, J, and K.
4. 7 SUBRECIPIENT shall submit to COUNTY complete financial accounting for the funds
expended by SUBRECIPIENT and reimbursed by COUNTY on the project. Such
financial accounting shall be submitted to COUNTY within thirty (30) calendar days
after completion of the project and receipt of SUBRECIPIENT' s final payment for the
grant.
ARTICLE V - AUDIT REQUIREMENTS
5 . 1 SUBRECIPIENT agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
5 .2 These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by DEPARTMENT and/or COUNTY.
"Reasonable" shall ordinarily mean normal business hours of 8 : 00 a. m. to 5 : 00 p .m. , local
time, Monday through Friday.
5 . 3 SUBRECIPIENT shall provide DEPARTMENT and/or COUNTY with the records,
reports or financial statements upon request for the purposes of auditing and monitoring
the funds awarded under this Agreement.
5 .4 If SUBRECIPIENT is a State or local government, a non-profit organization or a Local
Authority as defined in OMB Circular A433 , as revised, and in the event that
SUBRECIPIENT expends $500,000 or more in Federal awards in its fiscal year,
SUBRECIPIENT must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A- 133 , as revised. Appendix E to this Agreement
shows the Federal resources awarded through DEPARTMENT by this Agreement. In
determining the Federal awards expended in its fiscal year, SUBRECIPIENT shall
consider all sources of Federal awards, including Federal resources received from
DEPARTMENT. The determination of amounts of Federal awards expended should be
in accordance with the guidelines established by OMB Circular A- 133 , as revised. An
audit of SUBRECIPIENT conducted by the Auditor General in accordance with the
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provisions of OMB Circular A433 , as revised, will meet the requirements of this
paragraph.
In connection with the audit requirements addressed in this Article, SUBRECIPIENT
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of
OMB Circular A433 , as revised.
If SUBRECIPIENT 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 SUBRECIPIENT 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 A433 , as revised, the cost of the audit must be paid from
non-Federal funds .
5 . 5 SUBRECIPIENT shall send copies of reporting packages for audits conducted in
accordance with OMB Circular A- 133 , as revised, and required by Article 5 .4 above,
when required by Section . 320 (d), OMB Circular A- 133 , as revised, by or on behalf of
the COUNTY to .
COUNTY at the following address .
Indian River County
Community Development Department
1801 27th Street
Vero Beach, Florida 32960
Department of Community Affairs at each of the following addresses :
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Department of Community Affairs
Florida Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Subrecipient shall send the Single Audit reporting package and Form SF- SAC to the Federal
Audit Clearinghouse by submission online at:
http ://Iiarvester. census . gov/fac/collect/ddeindex .html
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And to any other Federal agencies and pass-through entities in accordance with Sections . 320(e)
and (f) , OMB Circular A433 , as revised
5 . 6 Pursuant to Section . 320 (f), OMB Circular A- 133 , as revised, SUBRECIPIENT shall
send a copy of the reporting package described in Section . 320 (c) , OMB Circular A433 ,
as revised, and any management letter issued by the auditor, to DEPARTMENT at the
following addresses .
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla. parrish@dca.state.fl.us]
and
Department of Community Affairs
Florida Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee , Florida 32399-2100
5 . 7 By the date due, SUBRECIPIENT shall send any reports, management letter, or other
information required to be submitted to DEPARTMENT and COUNTY pursuant to this
Agreement in accordance with OMB Circular A- 133 , Florida Statutes, and Chapters
10 . 550 (local governmental entities) or 10 . 650 (nonprofit and for-profit organizations) ,
Rules of the Auditor General , as applicable .
5 . 8 SUBRECIPIENT shall state the date that the reporting package was delivered to
SUBRECIPIENT when submitting financial reporting packages to DEPARTMENT and
COUNTY for audits done in accordance with OMB Circular A- 133 or Chapters 10 . 550
(local governmental entities) or 10 . 650 (nonprofit and for-profit organizations), Rules of
the Auditor General,
5 . 9 If the audit shows that all or any portion of the funds disbursed by SUBRECIPIENT were
not spent in accordance with the conditions of this Agreement, SUBRECIPIENT shall be
held liable for reimbursement to COUNTY of all funds not spent in accordance with
these applicable regulations and Agreement provisions within thirty days after COUNTY
has notified SUBRECIPIENT of such non-compliance.
5 . 10 SUBRECIPIENT shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed
under Chapter 473 , Fla. Stat. The IPA shall state that the audit complied with the
applicable provisions noted above . The audit must be received by DEPARTMENT and
COUNTY no later than nine months from the end of SUBRECIPIENT ' s fiscal year.
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ARTICLE VI MONITORING
SUBRECIPIENT shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are
being accomplished within the specified time periods, and other performance goals are being
achieved. A review shall be done for each strategy, activity, and use included in Appendix E to
this Agreement, and reported in the monthly report.
In addition to reviews of audits conducted in accordance with Article (5 ), above, monitoring
procedures may include, but not be limited to, on-site visits by DEPARTMENT staff or
COUNTY staff, limited scope audits, and/or other procedures. SUBRECIPIENT agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by
DEPARTMENT and/or COUNTY. In the event that DEPARTMENT and/or COUNTY
determines that a limited scope audit of SUBRECIPIENT is appropriate, SUBRECIPIENT
agrees to comply with any additional instructions provided by DEPARTMENT and/or COUNTY
to SUBRECIPIENT regarding such audit. SUBRECIPIENT further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General . In addition, DEPARTMENT and/or
COUNTY will monitor the performance and financial management by SUBRECIPIENT
throughout the contract term to ensure timely completion of all tasks .
ARTICLE VII — AGREEMENT PERIOD AND TERMINATION
7 . 1 Period of Agreement
This Agreement shall take effect upon execution by both parties, and shall end upon
termination of the Agreement between COUNTY and DEPARTMENT for NSP Program
Contract # 10DB-4X- 10-40-01 -F13 , unless terminated earlier in accordance with the
provisions of Paragraph (7 . 2) below.
7 . 2 SUSPENSION AND TERMINATION FOR CONVENIENCE :
A. If SUBRECIPIENT should materially fail to comply with any term of the award,
suspension or termination may occur in accordance with 24 CFR 85 .43 and in
accordance with 24 CFR 85 .44. In the event that funds are not provided to
COUNTY by DEPARTMENT, then COUNTY may terminate this Agreement
immediately.
Be Remedies for Non-compliance : If SUBRECIPIENT materially fails to comply
with any term of an award whether stated in a Federal Statute or regulation, an
assurance, in a state plan or application, a notice of award, or elsewhere,
COUNTY may take one ( 1 ) or more of the following actions as appropriate in the
circumstances :
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1 . Temporarily withhold cash payments pending correction of the deficiency
by SUBRECIPIENT.
2 . Disallow (that is to deny both use of funds and matching credit) all or part
of the cost of the activity or action not in compliance .
3 . Wholly or partly suspend or terminate the current award for
SUBRECIPIENT' s program.
4 . Withhold further awards for the Program.
5 . Take other remedies that may be legally available
co Hearings Appeals : In taking an enforcement action, COUNTY will provide
SUBRECIPIENT an opportunity for such hearing appeal or other administrative
proceeding to which COUNTY or SUBRECIPIENT is entitled to under any
statute or regulation applicable to the action involved.
D . Efforts of Suspension and Termination : Costs resulting from obligations incurred
by SUBRECIPIENT clearing a suspension after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the nature of
suspension or termination or subsequently. Other SUBRECIPIENT costs during
suspension or after termination which are necessary and not reasonably avoidable
are allowable if.
1 . The costs result from obligations which were properly incurred by
SUBRECIPIENT before the effective date of suspension or termination
are not in anticipation of it and in case of termination are non-cancelable;
and
2 . The costs would be allowable if the award was not suspended or expired
normally at the end of the funding period in which the termination takes
effect.
E. Relationship to Debarment and Suspension : The enforcement remedies identified
in this section, including suspension and termination, do not preclude
SUBRECIPIENT from being subject to "Debarment and Suspension" under
Executive Order 12549 (see 24 CFR 85 . 35) .
F. Termination for Convenience : Except as provided above, awards may be
terminated in whole or in part only as follows :
1 . By COUNTY with the consent of SUBRECIPIENT, in which case the two
parties shall agree upon the termination condition including the effective
date and in case of partial termination the portion to be terminated; or
2 . By SUBRECIPIENT, upon written notification to COUNTY setting forth
the reasons for such termination, the effective date, and in case of partial
termination, the portion to be terminated. If, in the case of a partial
termination, COUNTY determines that the remaining portion of the award
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will not accomplish the purposes for which the award was made,
COUNTY may terminate the award in its entirety.
7. 3 COUNTY may issue a Stop Work Order to SUBRECIPIENT which will halt all work on
the project in the event that the work is not being done according to Federal guidelines
and regulations, the assurances contained herein, or the provisions of this Agreement.
7.4 COUNTY reserves the right to terminate this contract upon written notification to
SUBRECIPIENT under any of the following conditions :
a. Notification by DEPARTMENT to COUNTY that said project is ineligible
because of project location, services provided, or any other reason cited by
DEPARTMENT,
b. Notification by DEPARTMENT to COUNTY that said project is deficient and
that continued support of the project is not providing an adequate level of services
to low and moderate income households ; or
c. Written notification from DEPARTMENT to COUNTY that the program funds
made available to COUNTY are being curtailed, withdrawn, or otherwise
restricted.
7 . 5 COUNTY reserves the right to terminate this Agreement or to reduce the Agreement
compensation amount, after 30 days advance written notice to SUBRECIPIENT, if
SUBRECIPIENT:
a. Fails to file required reports or to meet project progress or completion deadlines;
b. Materially fails to comply with any provision of this Agreement (which may
result in suspension or termination in accordance with 24 CFR 85 . 44 or 24 CFR
84 . 60) ;
C , Expends funds under this Agreement for ineligible activities, services or items;
d. Implements the project prior to notification from COUNTY that the federal
environmental review process has been completed;
e . Violates Labor Standards requirements;
f. Fails to comply with written notice from COUNTY of substandard performance
under the terms of this Agreement; or
g. Utilizes NSP funds to assist any of SUBRECIPIENT' S Board of Directors
relatives.
7 . 6 SUBRECIPIENT' s obligation to COUNTY shall not end until all close-out requirements
are completed. Activities during this close-out period shall include, but are not limited
to : making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to COUNTY), and determining the custodianship of records . Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that SUBRECIPIENT has control over Neighborhood Stabilization Program
CDBG funds, including program income.
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ARTICLE VIII — INDEMNIFICATION
8 . 1 SUBRECIPIENT, in accordance with Section 768 .28, Florida Statutes, agrees to be fully
responsible for its negligent acts or omissions or intentional tortious acts which result in
claims or lawsuits against COUNTY, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies.
Nothing herein shall be construed as consent by Indian River County, a state agency or a
subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract.
8 .2 Unless SUBRECIPIENT is a State agency or subdivision, as defined in Section 768 .28 ,
Fla. Stat. , SUBRECIPIENT is solely responsible to parties it deals with in carrying out
the terms of this Agreement, and shall hold DEPARTMENT and COUNTY harmless
against all claims of whatever nature by third parties arising from the work performance
under this Agreement. For purposes of this Agreement, SUBRECIPIENT agrees that it is
not an employee or agent of DEPARTMENT and/or COUNTY, but is an independent
contractor.
ARTICLE IX — PROCEDURES FOR INVOICING AND PAYMENT
9 . 1 SUBRECIPIENT shall invoice COUNTY on the following basis :
SUBRECIPIENT shall provide COUNTY with an executed original of any contracts,
documents or subcontracts authorizing the work to be done on the project(s).
1 . If applicable, a request to subcontract work or services hereunder shall be
submitted in writing and shall be subject to each provision of this Agreement and
any contract shall be in accordance with County, State, and Federal guidelines and
regulations. A list of all subcontractors shall be provided to COUNTY. This in
no way relieves SUBRECIPIENT from any other requirements of this Agreement.
Reimbursement requests shall include the certification included in Appendix G,
Invoice Sheet, in the absence of canceled checks for verification.
2 . None of the work or services, including but not limited to, the purchase of
housing units and/or the rehabilitation work activities covered by this Agreement,
shall be subcontracted or reimbursed without the prior written notice to
COUNTY.
3 . All purchase of housing units and rehabilitation work activities shall be made by
purchase order or by a written contract in conformity and in full compliance with
the procedures prescribed by 24 CFR 85 . 36 — Common Rule "Procurement
Standards", and included in 24 CFR 84 . 40=47 .
a. SUBRECIPIENT shall provide COUNTY with project budget
information, including, but not limited to, the current appraisal of each
home being sold, the purchase contract, and the amount of approved first
mortgage.
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b. COUNTY agrees to make payment and reimburse all budgeted costs
available under Federal, State, and County guidelines.
c. Requests by SUBRECIPIENT for payment shall be accompanied by
proper documentation and shall be submitted to COUNTY for approval no
later than thirty (30) days after the last date covered by the request.
d. As applicable , COUNTY will comply with Part VII, chapter 218 , F. S . , the
Florida Prompt Payment Act, or s . 215 .422 , F . S . , warrants, vouchers and
invoices, when preparing reimbursement on accepted invoices .
e . For purposes of this section, copies of invoices, receipts, or other evidence
of indebtedness shall be considered proper documentation. Invoices shall
not be honored if received by COUNTY later than thirty (30) days after
expiration date of this Agreement.
f. COUNTY may withhold payment of reimbursement requests if monthly
reports are not current.
9 .2 Upon receiving the invoices, reports and other materials, COUNTY shall audit such bid
awards, contracts, reports and invoices to determine whether the items invoiced have
been completed and that the invoiced items are proper for payment.
9 . 3 Upon determination by COUNTY that the services or material invoiced have been
received or completed, COUNTY shall authorize payment to SUBRECIPIENT in the
amount it determines pursuant to the audit to be payable.
ARTICLE X we SUBCONTRACTS
If SUBRECIPIENT subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to COUNTY for review and approval before it is
executed by SUBRECIPIENT. SUBRECIPIENT agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all
applicable state and federal laws and regulations, and (iii) the subcontractor shall hold
DEPARTMENT, COUNTY and SUBRECIPIENT 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. SUBRECIPIENT shall document in the monthly report the
subcontractor' s progress in performing its work under this Agreement.
For each subcontract, SUBRECIPIENT shall provide a written statement to COUNTY as to
whether that subcontractor is a minority vendor, as defined in Section 288 . 703 , Fla. Stat.
ARTICLE XI — IMPLEMENTATION AND TIMETABLE
11 . 1 The parties expressly ratify the activities relating to this Agreement and adopt the terms
and conditions of this Agreement for all such activities beginning upon the execution of
this Agreement by both parties . SUBRECIPIENT herein attests and certifies to
COUNTY that upon the execution of this Agreement by both parties the effective date of
this Agreement, SUBRECIPIENT will have all insurance coverage and limits as set forth
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by this Agreement. Expenses incurred during this period will be considered eligible for
reimbursement.
11 .2 SUBRECIPIENT agrees to implement the project(s) and comply with the Scope of
Services set forth in Appendix A & B and Timetable set forth in Appendix L.
ARTICLE XII — OTHER PROVISIONS
12. 1 Equal Employment Opportunity
The following provisions "a" and "b" are applicable to all contracts and subcontracts;
provisions "c" through "g" are applicable to all non-exempt construction contracts and
subcontracts which exceed $ 10,000;
During the performance of this contract, SUBRECIPIENT agrees as follows :
a. SUBRECIPIENT shall not discriminate against any applicant for purchase of
housing units or applicant for employment because of race, color, creed, religion,
sex, age, handicap, disability, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law. SUBRECIPIENT shall
take affirmative action to ensure that applicants who are employed are treated
during employment without regard to their race, color, creed, religion, sex, age,
handicap, disability, ancestry, or national origin. Such action shall include, but
not be limited to the following : employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship .
SUBRECIPIENT agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the provisions
of his nondiscrimination clause.
b . SUBRECIPIENT will, in all solicitations or advertisement for applicants to
qualify for purchase of housing units, or employees placed by or on behalf of
SUBRECIPIENT, state that all qualified applicants will receive consideration for
qualification or employment without regard to race, color, creed, religion, sex,
age, handicap, disability, ancestry, national origin, marital status, or any other
basis prohibited by applicable law.
c. SUBRECIPIENT will send to each labor union or representative or workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers representatives of
SUBRECIPIENT commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment .
d. SUBRECIPIENT will comply with all provisions of Executive Order 11246 ,
Equal Employment Opportunity, of September 24, 1965 , as amended by
Executive Orders 11375 and 12086, copies of which are on file and available at
COUNTY, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
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e . SUBRECIPIENT will furnish all information and reports required by Executive
Order 11246 of September 24, 1965 , as amended, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to its
books, records, and accounts by DEPARTMENT, HUD and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
f. In the event of SUBRECIPIENT ' S noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part, and
SUBRECIPIENT may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized
in Executive Order 11246 of September, 1965 , as amended, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965 , as amended, or as otherwise provided by law.
g . SUBRECIPIENT will include the portion of the sentence immediately preceding
paragraph (a) and the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965 , as amended, so that such provisions will be binding upon
each subcontractor or vendor. SUBRECIPIENT will take such action with
respect to any subcontract or purchase order as DEPARTMENT or HUD may
direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a SUBRECIPIENT becomes
involved in, or is threatened with, litigation withy a subcontractor or vendor as a
result of such direction by DCA or HUD, SUBRECIPIENT may request the
United States to enter into such litigation to protect the interests of the United
States ,
12 . 2 Equal Opportunity in Participation
Under the terms of Section 109 of the Housing and Community Development Act of
1974 and in conformance with COUNTY policy and all requirements imposed by or
pursuant to the Regulations of HUD (24CFR Part 570.601 and 570 . 602) issued pursuant
to Section 109 , no person in the United States shall on the ground of race, color, creed,
religion, sex , age, handicap, disability, ancestry, national origin, marital status, familial
status, or any other basis prohibited by applicable law be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under, any program or activity
funded in whole or in part with Community Development Block Grant Program funds .
Specific (not exclusive) Discrimination Actions Prohibited:
SUBRECIPIENT may not directly or through contractual or other arrangements, on the
ground of race, color, creed, religion, ancestry, national origin, marital status, familial
status, age, handicap, disability, sex or any other basis prohibited by applicable law:
15
a. Deny any facilities, services, financial aid, or other benefits provided under the
program or activity
b. Provide any facilities, services, financial aid, or other benefits which are different,
or are provided in a different form from that provided to others under the program
or activity
c . Subject segregated or separate treatment in any facility, or in any matter or
process related to receipt of any service or benefit under the program or activity.
d. Restrict in any way access to, or the enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services , financial aid or other
benefits under the program or activity.
e . Treat an individual differently from others in determining whether the individual
satisfies any admission, enrollment, eligibility, membership, or other requirement
or condition which the individual must meet in order to be provided any facilities,
services, or other benefit provided under the program or activity.
f. Deny any person with the legal right to work an opportunity to participate in a
program or activity as an employee .
12 . 3 Business and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Business Enterprises
SUBRECIPIENT will conform with the rules and regulations set forth under Section 3 of
the Housing and Urban Development Act of 1968 , ( 12 USC 1701u), as amended, and the
HUD regulations issued pursuant thereto at 24 CFR Part 135 . This Act requires that, to
the greatest extent feasible, opportunities for training and employment be given to lower
income residents of the project area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by,
persons residing in the area of the project. In all solicitations for bids, the contractor
must, before signing the contract, provide a preliminary statement of the work force
needs and plans for possible training and employment of low income persons . When
SUBRECIPIENT utilizes the bidding procedure to let a bid, the invitation or solicitation
for bids shall advise prospective contractors of the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, and the clause shall be
inserted as a component part of any contract or subcontract.
If SUBRECIPIENT solicits or requests an invitation for bids, every effort feasible will be
made to contact minority-owned and women-owned business enterprises for a response
to the solicitation or invitation for bidders .
12 .4 Nondiscrimination in Federally-Assisted Programs
SUBRECIPIENT will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352,
42 USC 2000d et seq.) and the Fair Housing Act (42 USC 3601 -20) . In accordance with
COUNTY policy and Title VI of the Civil Rights Act of 1964 (PL 88 -352), in the sale,
lease or other transfer of land acquired, leased or improved with assistance provided
under this Agreement, the deed or lease for such transfer shall contain a covenant
prohibiting discrimination upon the basis of race, color creed, religion, sex, handicap,
16
disability, ancestry, national origin, marital status, or familial status, in the sale, lease or
rental, or in the use or occupancy of such land or any improvements erected or to be
erected thereon. SUBRECIPIENT will comply with Title VIII of the Civil Rights Act of
1968 (PL 90-284) as amended and will administer all programs and activities related to
housing and community development in a manner to affirmatively further fair housing.
12 . 5 Labor Standards
Except with respect to the rehabilitation of residential property designed for residential
use for less than eight households, SUBRECIPIENT and all subcontractors engaged in
contracts in excess of $2 ,000 for the construction, completion, rehabilitation, or repair of
any building or work financed in whole or in part with assistance provided under this
Agreement are subject to the federal labor standards provisions which govern the
payment of wages and the ratio of apprentices and trainees to journey workers . Under the
terms of the Davis-Bacon Act, as amended, SUBRECIPIENT is required to pay all
laborers and mechanics employed on construction work wages at rates not less than those
prevailing on similar construction in the locality as determined by the Secretary of Labor,
and shall pay overtime compensation in accordance with and subject to the provisions of
the Contract Work Hours and Safety Standards Act (40 USC 327-332), and
SUBRECIPIENT shall comply with all regulations issued pursuant these Acts and with
other applicable Federal laws and regulations pertaining to labor standards, including the
Copeland Anti-Kickback Act. Provided, that if wage rates higher than those required
under the regulations are imposed by State or local laws, nothing hereunder is intended to
relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher rates .
12 . 6 Flood Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Protection Act of
1973 (PL 93 -234) . Use of any assistance provided under this Agreement for acquisition
or construction in an area identified as having special flood hazards shall be subject to the
mandatory purchase of flood insurance in accordance with the requirements of Section
102(a) of said Act.
12 . 7 Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and
Subcontracts Which Exceed $ 100,000)
SUBRECIPIENT shall comply with and require each subcontractor to comply with all
applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, the
Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended, and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15 , as amended from time to time .
12 . 8 Provision of the Hatch Act
Neither SUBRECIPIENT' S program, nor the funds provided therefore, nor the personnel
employed in the administration of the program shall be in any way or to any extent
17
engaged in the conduct of political activities in contravention of Chapter 15 of Title 5 ,
United States Code.
12 . 9 Lead Based Paint
Any grants or loans made by SUBRECIPIENT for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead-based paint hazards under 24 CFR Part 35 .
SUBRECIPIENT will comply with the requirements of 24 CFR 570 . 608 for notification,
inspection, testing, and abatement procedures concerning lea&based paint. Such
regulations require that all owners, prospective owners, and tenants of properties
constructed prior to 1978 be properly noticed that such properties may contain lead based
paint. Such notification shall point out the hazards of lead based paint and explain the
symptoms, treatment, and precautions that should be taken when dealing with lead based
paint poisoning.
12 . 10 Special Assessments
SUBRECIPIENT will not attempt to recover any capital costs of public improvements
assisted in whole or in part with funds provided under Section 106 of the Act or with
amounts resulting from a guarantee under Section 108 of the Act by assessing any
amount against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such
public improvements, unless : ( 1 ) funds received under Section 106 of the Act are used to
pay the proportion of such fee or assessment that related to the capital costs of such
public improvements that are financed from revenue sources other than under Title 1 of
the Act; or (2) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income, the grantee certifies to the Secretary of HUD
that it lacks sufficient funds received under Section 106 of the Act to comply with the
requirements of subparagraph ( 1 ) .
12 . 11 Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of
Persons and Businesses
SUBRECIPIENT will comply with the ` INDIAN RIVER COUNTY RESIDENTIAL
ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE POLICY UNDER
SECTION 104 (d) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 19749 AS AMENDED." SUBRECIPIENT will conduct any acquisition,
rehabilitation, or demolition of real property, and any negotiations for acquisition,
rehabilitation or demolition of real property in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section
104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570 . 606 .
Unless specifically permitted in Appendix A or Appendix D, SUBRECIPIENT will not
cause either temporary or permanent involuntary displacement of any person or business
as a result of Community Development Block Grant activities. SUBRECIPIENT shall
provide all notices, advisory assistance, relocation benefits, and replacement dwelling
18
units as required by the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing
regulations at 49 CFR 24 and 24 CFR 570 . 606 . SUBRECIPIENT hereby agrees to
defend, to pay, and to indemnify COUNTY from and against, any and all claims and
liabilities for relocation benefits or the provision of replacement dwelling units required
by federal statutes and regulations in connection with activities undertaken pursuant to
this Agreement.
12 . 12 Lobbying Restrictions
(a) No funds or other resources received from DEPARTMENT under this Agreement
may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency .
(b) SUBRECIPIENT certifies by its signature to this Agreement that, to the best of its
knowledge and belief.
1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of
SUBRECIPIENT, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying".
3 ) SUBRECIPIENT shall require that this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subcontractors
shall certify and disclose accordingly .
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into . Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31 , United States Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each
such failure.
12 . 13 Americans With Disabilities Act
19
SUBRECIPIENT agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U . S .C . Section 12101 et seg . , which prohibits discrimination by public
and private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
12 . 14 Convicted Vendor List
A. A person or organization who has been placed on the convicted vendor list
following a conviction for a public entity crime or on the discriminatory vendor list may
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.
Be Any SUBRECIPIENT which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of
its knowledge and belief, that it and its principals :
1 . are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2 . have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state or local) transaction or contract under public transactions violation
of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements ,
or receiving stolen property;
3 . are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses
enumerated in paragraph 19(g)2 . of this certification; and
4 . have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
C . If SUBRECIPIENT is unable to certify to any of the statements in this
certification, then SUBRECIPIENT shall attach an explanation to this Agreement.
In addition, SUBRECIPIENT shall send to COUNTY (by email — bkeatingAirc ov. com
or by facsimile transmission (772) 978 - 1806) the completed "Certification Regarding
Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Appendix D) for each
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intended subcontractor which Recipient plans to fund under this Agreement. Such form
must be received by COUNTY before SUBRECIPIENT enters into a contract with any
subcontractor.
12 . 15 Legislative Appropriation
COUNTY' s performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution.
12 . 16 Submission of Bills
A All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof.
B Any bills for travel expenses shall be submitted in accordance with Section
112 .061 , Fla. Stat.
C COUNTY reserves the right to unilaterally cancel this Agreement if
SUBRECIPIENT refuses to allow public access to all documents, papers, letters
or other material subject to the provisions of Chapter 119, Fla. Stat. , which
SUBRECIPIENT created or received under this Agreement.
12 . 17 Interest Income
If SUBRECIPIENT is allowed to temporarily invest any advances of funds under this
Agreement, other than the Developer' s Fee any interest income shall either be returned to
COUNTY for return to DEPARTMENT or be applied against DEPARTMENT' s
obligation to pay the contract amount.
12 . 18 Employment of Unauthorized Alien Workers
SUBRECIPIENT will not intentionally award publicly-funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U. S . C . Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")] . DEPARTMENT shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by SUBRECIPIENT of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement
by DEPARTMENT.
12 . 19 Sunshine Law
SUBRECIPIENT is subject to Florida' s Government in the Sunshine Law (Section
286. 011 , Fla. Stat. ) with respect to the meetings of SUBRECIPIENT ' s governing board
or the meetings of any subcommittee making recommendations to the governing board
21
but only concerning those portions of meetings in which discussions are held regarding
this Agreement or the Neighborhood Stabilization Program. All of these meetings shall
be publicly noticed, open to the public, and the minutes of all the meetings shall be public
records, available to the public in accordance with Chapter 119, Fla. Stat.
12 .20 American Made
All unmanufactured and manufactured articles, materials and supplies which are acquired
for public use under this Agreement must have been produced in the United States as
required under 41 U. S . C . 10a, unless it would not be in the public interest or
unreasonable in cost.
12 .21 Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein and the Agreement shall be read and
enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted, or is no correctly inserted, then upon the application of either
party the Agreement shall forthwith be physically amended to make such insertion or
correction.
12 . 22 Provision Requiring SUBRECIPIENT to maintain Internet Access
SUBRECIPIENT shall ensure Internet access, including email, for the duration of the
Agreement, including any time extensions .
12 . 23 Provision Requiring Annual Fair Housing Activity
SUBRECIPIENT shall annually undertake an activity to affirmatively further fair
housing pursuant to 24 CFR Section 570 .487(b)(4) . "Annually" shall be defined as an
activity for each year or one-third thereof from the effective date of the Agreement to the
date of submission of the administrative closeout package to DEPARTMENT.
12 .24 Mortgage Default Disclosure
SUBRECIPIENT warrants and assures that it has not defaulted on a mortgage or had a
mortgage foreclosed during the five years preceding the date of execution of this
Agreement.
12 .25 Unresolved Findings Disclosure
SUBRECIPIENT warrants and assures that it does not have any unresolved findings that
were raised as a result of any DEPARTMENT or HUD audit, management review, or
other government investigation concerning the entity, its developments, or contracts
12 .26 Previous Breach of Agreement
22
SUBRECIPIENT warrants and assures that it has not nor has it been in breach of any
agreement relating to construction, rehabilitation, use, operation, management, or
disposition of real property, or had payments suspended or terminated under any state or
federal assistance contract.
ARTICLE XIII - COPYRIGHT, PATENT AND TRADEMARK
13 . 1 Any and all patent rights accruing under or in connection with the performance of this
Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing
under or in connection with the performance of this Agreement are hereby transferred by
the recipient to the State of Florida.
A. If SUBRECIPIENT has a pre-existing patent or copyright, SUBRECIPIENT shall
retain all rights and entitlements to that pre-existing patent or copyright unless this
Agreement provides otherwise.
Be 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,
SUBRECIPIENT shall refer the discovery or invention to COUNTY. COUNTY
shall refer the discovery or invention to DEPARTMENT for a determination
whether the State of Florida will seek patent protection in its name . Any patent
rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida. If any books, manuals, films, or other
copyrightable material are produced, the SUBRECIPIENT shall notify
DEPARTMENT. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the SUBRECIPIENT to the
State of Florida.
C . Within thirty days of execution of this Agreement, SUBRECIPIENT 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.
SUBRECIPIENT shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that
no such property exists. DEPARTMENT shall then, under Paragraph 13 . 1 -B ,
23
have the right to all patents and copyrights which accrue during performance of
this Agreement.
ARTICLE XIV - NOTICES
14 . 1 SUBRECIPIENT and COUNTY agree that all notices required by this Agreement shall
be in writing and delivered by U. S . Mail , by messenger or personally delivered to the
office of the duly authorized representative of SUBRECIPIENT or COUNTY as
specified herein.
COUNTY : SUBRECIPIENT:
Robert M. Keating, AICP Brian O ' Conner, Executive Director
Community Development Director Indian River County Housing Authority
180127" Avenue 1028 20th Place
Vero Beach, FL 32962 Vero Beach, FL 32960
14 . 2 Notice of Default
Notwithstanding anything to the contrary herein, in the event of a default by
SUBRECIPIENT, COUNTY shall furnish written notice of such default to
SUBRECIPIENT; and SUBRECIPIENT shall have 30 days from the date of such written
notice to cure the default.
ARTICLE XV — MODIFICATION
15 . 1 Any program modification requested by SUBRECIPIENT must be requested at least
ninety (90) days prior to the end of the term of the Agreement between DEPARTMENT
and COUNTY. No modification to this Agreement shall be binding on either party
unless in writing and signed by both parties.
15 .2 SUBRECIPIENT shall be notified in writing in advance of any modification, amendment
or alteration to the funding allocation being considered by the Board of County
Commissioners. The approval of any modification, amendment, or alteration by the
Board of County Commissioners to the funding allocation shall constitute an official
amendment to this Agreement.
15 . 3 COUNTY may, at its discretion and upon provision of proper notice to SUBRECIPIENT,
amend this Agreement to conform with changes in Federal, State, and/or COUNTY
guidelines, regulations, directives, and objectives . Such amendments shall be
incorporated by written amendment as a part of this Agreement.
ARTICLE XVI — ASSURANCES
24
16 . 1 SUBRECIPIENT agrees to comply with the provisions of Section 202, Executive Order
11246 and with the guidelines for applicants on equal opportunity obligations for
Community Development Block Grants in regard to construction contracts.
16 .2 SUBRECIPIENT agrees that it will comply with the following assurances :
a. SUBRECIPIENT agrees to comply with all applicable Federal, State, and County
laws, ordinances, codes and regulations . Any conflict or inconsistency between
the above Federal, State or COUNTY guidelines and regulations and this
Agreement shall be resolved in favor of the more restrictive regulations .
b . In accordance with Title VI of the Civil Rights Act of 1964 (P . L . 88 - 352), no
person in the United States shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which
SUBRECIPIENT receives Federal financial assistance .
c . In accordance with 24 CFR 570 . 505 , property acquired or improved in whole or
in part using CDBG funds in excess of $25 ,000 . 00 must be used as intended from
the date CDBG funds are first spent until five (5) years after the closeout of
COUNTY' S participation in the CDBG Program. Any transfer of the property or
structure shall also be bound.
d. If applicable, SUBRECIPIENT shall inform affected persons of the benefits,
policies, and procedures provided for under HUD regulations .
e. SUBRECIPIENT shall establish safeguards to prohibit employees or members of
their board from using positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties. Should such possible
conflicts, real or apparent, arise, SUBRECIPIENT shall disclose such situations to
COUNTY and COUNTY Attorney' s Office for review.
f. SUBRECIPIENT agrees further that it shall be bound by the standard terms and
conditions used in the Grant Agreement between DEPARTMENT and COUNTY
and such other rules, regulations or requirements as DEPARTMENT may
reasonably impose in addition to the aforementioned assurances at or subsequent
to the execution of this Agreement by the parties hereto .
g. In accordance with the Drug Free Workplace Action of 1988 , SUBRECIPIENT
certifies that it has a policy designed to ensure that SUBRECIPIENT' S workplace
is free from the illegal use, possession, or distribution of drugs or alcohol.
h. In compliance with Paragraph (2) (a) of Section 287 . 133 , Florida Statutes , a
"person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section
287 . 017, for category two for a period of 36 months from the date of being placed
on the convicted vendor list. "
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ARTICLE XVII — FINANCIAL RESPONSIBILITY
17. 1 SUBRECIPIENT gives COUNTY, DEPARTMENT, HUD, the State Chief Financial
Officer, and the State Auditor General and any authorized representative, access to and
the right to examine all records, books, papers, or documents relating to the
Neighborhood Stabilization Program.
17 . 2 SUBRECIPIENT agrees to maintain books, records and documents in accordance with
accounting procedures and practices which sufficiently and properly reflect all
expenditures of funds provided under this Agreement. In accordance with OMB Circular
A- 133 , "Audits of States, Local Governments, and Non-Profit Organizations", all
SUBRECIPIENTS who expend $500,000. 00 or more in total Federal financial assistance
within a year must obtain an independent audit.
17 . 3 SUBRECIPIENT further agrees to provide for audit purposes (upon request) all files,
records and documents pertaining to related activities and clientele demographic data
contained in this Agreement.
17 .4 Any funds expended in violation of this Agreement shall be refunded in full from non-
federal resources.
17 . 5 Funding authorization through the Community Development Block Grant Neighborhood
Stabilization Program shall be used only for eligible activities specifically outlined in this
Agreement. In the event material progress is not evidenced nor commenced within the
time limitations of this Agreement, as determined by COUNTY, COUNTY may
terminate this Agreement pursuant to the terms of Paragraph 7 .2 .
17 . 6 All funds not expended as a result of the aforementioned deficiency of significant
material progress or returned as a result of expiration and subsequent termination of the
original funding agreement shall be used by COUNTY at its discretion for reallocation to
other eligible CDBG-NSP activities.
17 . 7 If required by DEPARTMENT, income over and above general maintenance and
operating expenses generated as a result of receipt of Community Development Block
Grant funds shall be returned to COUNTY.
17 . 8 COUNTY shall have the right to audit and monitor any Program Income as defined at 24
CFR 570 . 500 as a result of a Community Development Block Grant — Neighborhood
Stabilization Program activity.
17 . 9 Program Income (defined at 24 CFR 570 . 500) derived from utilizing NSP funds, if any ,
shall revert to COUNTY and will be returned to DEPARTMENT for use in the
Community Development Block Grant — Neighborhood Stabilization Program. If
SUBRECIPIENT executes an Assignment of Proceeds and Grant of Lien to COUNTY
26
specifying the terms of reversion of proceeds from possible future sale of real property, it
is is by reference and made a part of this Agreement.
ARTICLE XVIII — EVALUATION AND MONITORING
18 . 1 SUBRECIPIENT agrees that COUNTY may carry out periodic monitoring and
evaluation activities as determined necessary by COUNTY. This Agreement is
dependent upon satisfactory monitoring and evaluation of activities and other
performance measures, including, but not limited to the terms of this Agreement,
comparisons of planned versus actual progress relating to project scheduling, budget, and
output measures. SUBRECIPIENT agrees to furnish upon request to COUNTY or its
designees, and make copies and/or transcriptions of such records and information as is
determined necessary by COUNTY. SUBRECIPIENT shall submit, upon the request of
COUNTY, information and status reports required by COUNTY, DEPARTMENT, or
HUD on forms approved by COUNTY.
18 .2 A sample monitoring instrument attached as Appendix H contains the minimum
monitoring measures to be used by COUNTY. Other measures may also be utilized.
ARTICLE XIX — UNIFORM ADMINISTRATIVE REQUIREMENTS
19. 1 Governmental SUBRECIPIENTS shall comply with the 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" .
a. Section 85 . 3 , "Definitions" ;
b . Section 85 . 6, "Exceptions" ;
c. Section 85 . 12 , "Special grant or subgrant conditions for "high-risks ' grantees" ;
d . Section 85 .20, "Standards for financial management systems", except paragraph
(a) ;
e. Section 85 . 21 , "Payment", except as modified by State Statute 570 . 513 ;
f. Section 85 .22, "Allowable costs";
g. Section 85 .26, "Non-federal audits";
h. Section 85 . 32, "Equipment" , except in all cases in which the equipment is sold,
the proceeds shall be Program Income ;
i . Section 85 . 33 "Supplies" ;
j . Section 85 . 34 , "Copyrights";
k. Section 85 . 35 , "Subawards to debarred and suspended parties";
1. Section 85 . 36, "Procurement", except Paragraph (a) ;
Me Section 85 . 37, "Subgrants" ;
n. Section 85 .40, "Monitoring and reporting program performance", except
paragraph (b)-(d) and (f) ;
o . Section 85 . 41 , "Financial Reporting", except paragraphs (a), (b), and (e) ;
p . Section 85 .42 , "Retention and access requirements for records";
q. Section 85 . 43 , "Enforcement" ;
r. Section 85 .44, "Termination for convenience
27
s. Section 85 . 51 , "Later disallowances and adjustments"; and
t. Section 85 . 52, "Collection of amounts due" .
19 .2 SUBRECIPIENT shall also comply with the provisions of OMB Circular A- 133 — Audits
of State and Local Governments ; and OMB Circular A-87 — Cost Principles for State and
Local Governments .
ARTICLE XX - NON-GOVERNMENTAL AGENCIES
20. 1 Non-Governmental SUBRECIPIENTS shall comply with the requirements and standards
of OMB Circular A- 122, "Cost Principles for Non-Profit Organizations"; and with the 24
CFR Part 84, " Grants and Agreements with Institutions and Other Non-Profit
Organizations", Subparts A through E and Appendix A of Part 84, especially :
a. Section 84 .2 , "Definitions;
b . Section 84.4, "Deviations";
c . Section 84 . 21 , " Standards for Financial Management Systems" ,
d. Section 84 .22, "Payment";
e. Section 84 .24, "Program Income" ;
f. Section 84 .27, "Allowable Cost" ;
g. Section 84 . 32 , "Real Property" ;
h. Section 84 . 34 , "Equipment";
i . Section 84 . 35 , "Supplies and Other Expendable Property' :
j . Procurement Standards, especially
( 1 ) Section 84 .42 , "Codes of Conduct" ;
(2) Section 84.43 , "Competition" ;
(3) Section 84.44 , "Procurement Procedures" ;
(4) Section 84.46, "Procurement Records" ;
k. Section 84 . 5 1 , "Monitoring and Reporting Program Performance" ; and
1. Sections 84 . 60 — 84 . 62 , "Termination and Enforcement" .
ARTICLE XXI — CONFLICT OF INTEREST
21 . 1 In the procurement of services by SUBRECIPIENT, the Conflict of Interest provision in
24 CFR 85 . 36 & 24 CFR 570 .489(g) shall be adhered to as applicable
21 .2 Conflicts of interest relating to acquisition or disposition of real property; NSP financial
assistance to beneficiaries, businesses, or other third parties; or any other financial
interest, whether real or perceived, shall be addressed pursuant to 24 CFR. 570 .489(h) ,
ARTICLE XXII — OTHER FEDERAL REQUIREMENTS
22 . 1 SUBRECIPIENT shall carry out each activity in compliance with all applicable Federal
laws and regulations as described below .
so Public Law 88 . 352 — Title VI of the Civil Rights Act of 1964
28
Public Law 90.284 — Title VIII of the Civil Rights Act of 1988
Executive Order 11063 as amended by Executive Order 12259
Section 109 of the Act
Labor Standards
National Flood Insurance Program
Relocation and Acquisition
Employment and Contracting Opportunities
Executive Order 11246 (41 CFR Chapter 60)
Section 3 of the Housing and Urban Development Act of 1968 ( 12 U . S . C . 17010)
Lead-Based Paint
Use of Debarred, Suspended or Ineligible Contractors or Subrecipients
Displacement
Conditions for Religious Organizations
Non-Discrimination Base on Handicap
Section 504 of the Rehabilitation Act of 1973
Architectural Barriers Act of 1963
Environmental Protection Agency Regulations
ARTICLE XXIII — GENERAL PROVISIONS
23 . 1 SUBRECIPIENT agrees to abide by the provision of Chapter 945 . 0311 , Florida Statutes,
pertaining to Nepotism in their performance under this Agreement. SUBRECIPIENT
also agrees to abide by Chapter 119, Records of the Florida Statutes, and its successors.
23 . 2 If applicable, SUBRECIPIENT agrees to comply with Section 286 . 011 , F . S . , relating to
public meetings and records, and chapter 119 F . S . , relevant to public records.
23 . 3 If applicable, SUBRECIPIENT attests that COUNTY ' s procurement requirements were
adhered to in the procurement of goods and services purchased pursuant to this
Agreement.
23 . 4 This Agreement incorporates and includes all prior negotiations , correspondence,
conversations, agreements or understandings applicable to the matters contained herein
and that the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicted upon
any prior representations or agreements, whether oral or written.
23 . 5 COUNTY and SUBRECIPIENT agree that all activities shall be governed in all respects
by the laws of the State of Florida, venue in the courts of Indian River County, State of
Florida.
23 .6 This document shall be executed in five (5) counterparts, each of which shall be deemed
to be an original .
23 .7 All notices required by this Agreement shall be in writing.
29
23 . 8 Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties.
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, Retirement, life and/or medical
insurance and Worker' s Compensation Insurance, as SUBRECIPIENT is an independent
contractor.
23 . 9 If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
ARTICLE XXIV — INSURANCE AND BOND
24. 1 In accordance with s . 768 .28 Florida Statutes, the waiver of sovereign immunity in tort
actions ; recovery limits; limitation on attorney fees; statute of limitations; exclusions;
indemnification; risk management programs is applicable to this Agreement .
The undersigned person signing as an officer on behalf of SUBRECIPIENT, a party to this
Agreement, hereby severally warrants and represents that said person has authority to enter into
this Agreement on behalf of said SUBRECIPIENT and to bind the same to this Agreement, and,
further that said SUBRECIPIENT has authority to enter into this Agreement and that there are no
restrictions or prohibitions contained in any article of incorporation or bylaw against entering
into this Agreement.
IN WITNESS WHEREOF the parties hereto duly execute this Agreement as of the day and year
first written above.
ATTEST INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY FOMMISSIO N, ARS
• Peter D . O ' Bryan, Chairman
CLERK CIRCUIT COURT r
/
DATE : � - � - / � 3Izz
_ DATE : /0
SUBRECIPIENT -
INI�IAN RIVER C7 TY HOUSING. Ali"I'MORITY
itness By : Vr ais Jac son, airman
30
T- c,
Title
DATE : '3 DATE :
Reviewed as to form and legal sufficiency
County Attorney' s Office
3 Z 2,
Date
31
APPENDIX A
SCOPE OF SERVICES
OVERVIEW
The Florida Department of Community Affairs awarded a $4,680, 825 Neighborhood
Stabilization Program (NSP) Community Development Block Grant (CDBG) to Indian River
County.
Seventy-five percent (75%), or $3 ,598 , 543 , of the $4,680, 825 must be used to acquire and
rehabilitate foreclosed homes for sale and rental to individuals and families with incomes that do
not exceed one hundred and twenty percent ( 120%) of area median income and for grant
administration. The remaining twenty-five percent (25%) of the county ' s NSP funds
($ 1 ,082,282) must be used to provide rental housing for individuals and families whose incomes
do not exceed fifty percent (50%) of area median income.
NSP funds must be used to purchase and redevelop abandoned or foreclosed properties for re-
sale to income eligible households; offering principal reduction assistance to low-to-moderate-
income homebuyers ; and for renting to income eligible households .
PROJECT REQUIREMENTS
Indian River County Housing Authority is allocated $2 , 101 ,264. 50 of the $3 , 598 ,543 to acquire,
rehabilitate, and sell a minimum of ten ( 10) housing units (unless the County/DCA contract is
amended to revise the number of units) to households not exceeding 120 percent of area median
income.
In carrying out the project, the county grant administrator will perform the following
programmatic services:
• Locate housing units within the NSP target areas that are eligible for purchase utilizing
NSP funding and provide a list of eligible housing units to the Housing Authority;
• Negotiate with financial institutions for the purchase of NSP eligible properties the
Housing Authority is interested in purchasing;
• For each housing unit that is being considered for acquisition with NSP funding, develop
a list of property improvements and an estimated cost for each of these improvements
that will need to be completed prior to the housing unit being occupied;
• Complete the due diligence on each property, including but not limited to the following :
• Obtain a property appraisal report to determine the fair market value of the property,
• Research the zoning and land use of the property, and ensure they are compatible
with the intended use of the property,
32
• Obtain a title search and title insurance policy of the property to verify the ownership
of the property and verify that there are no outstanding liens on the property,
• Obtain a Phase I Environmental Site Assessment for the property to ensure that the
property has no history of contamination,
• Obtain a lead inspection of the property, if the property was constructed prior to 1978 .
• Obtain a termite inspection of the property to ensure the property has no infestation,
• Obtain a survey of the property to ensure that the property has no encroachments and
that the floor elevations of the structures on the property are all above the required
flood plain elevations,
• After the due diligence on a property has been completed, provide a recommendation to
the County on whether or not to proceed with the purchase of the property with NSP
funding;
• Coordinate the closing and transfer of title from the original mortgage holder or its
assignee to the Housing Authority;
• Oversee the bidding, contract award and rehabilitation of the NSP housing units ;
• Maintain all records relating to the NSP program,
• Coordinate and participate in all DCA and HUD monitoring visits related to the NSP ;
• Respond to all DCA and HUD monitoring reports;
• Respond to citizens complaints ;
• Complete all required NSP reports ;
• Schedule and conduct all progress meetings for the NSP ;
• Review all Housing Authority program files to insure compliance with NSP
requirements;
• Solicit for potential program applicants and provide a list of potential applicants to the
Housing Authority;
• Solicit for all needed services, including but not limited to appraisers, title companies,
environmental engineers/specialists, lead inspectors, termite inspectors, surveyors, and
housing counselors ;
• Review the applicant list to verify qualification for the NSP and to identify potential
conflicts of interest;
33
• Work with selected housing counselors to establish the eight (8) hour homebuyers course
for resale program participants; and
• Prepare the program closeout documents;
The specific tasks to be undertaken by the Indian River County Housing Authority are :
■ Provide the county grant administrator with a list of NSP eligible housing units
(foreclosed housing units owned by a financial institution) that the SUBRECIPIENT is
aware of and is interested in obtaining;
■ From the list of eligible properties provided by the county grant administrator and other
reliable listings and sources, identify which eligible housing units that the
SUBRECIPIENT is interested in purchasing and rehabilitating as part of the CDBG NSP ;
■ Inspect housing units being considered for acquisition by the SUBRECIPIENT and
reaffirm original recommendation to purchase the units,
■ Take title to the NSP housing units that the SUBRECIPIENT desires to acquire (after
COUNTY has approved the acquisition);
■ Maintain the NSP properties acquired by the SUBRECIPIENT from the time of
acquisition through their transfer of ownership to a homebuyer. Maintaining the
properties shall include activating and maintaining all utilities, obtaining property owners
and liability insurance as well as physically maintaining the property;
■ Maintain all records required by the NSP relating to the housing units and applicants that
the SUBRECIPIENT acquires through the NSP and provide a copy to the county grant
administrator;
■ Place a recorded deed restriction on each residential housing unit sold to a qualified
homebuyer. The deed restriction shall limit the future sales of the residential housing
unit to NSP income qualified homebuyers, as defined by the NSP program requirements .
This shall be done to ensure that each residential housing unit purchased under the NSP
program remains affordable. The life of the deed restriction shall correspond with the
minimum amount of time required by DEPARTMENT that the NSP properties remain
affordable. The deed restriction shall terminate if the entire amount of COUNTY ' s
mortgage (NSP funds) is repaid to COUNTY. The deed restrictions shall be in a form
acceptable to the County Attorney ' s Office ;
■ Place a recorded mortgage on each residential housing unit sold to a qualified
homebuyer. The mortgage shall not be transferable unless the transfer is approved by
COUNTY. The mortgage shall be due and payable to COUNTY upon sale of the
housing unit by the homebuyer. The mortgage shall be for an amount equal to the sale
price of the property, including all closing costs to be paid through the SUBRECIPIENT,
less the total amount paid by the homebuyer with conventional mortgage financing
obtained by the homebuyer for purchase of the property. The mortgage created herein
34
may be subordinate to a first mortgage provided to the homebuyer for purchase of the
property by a conventional lender. The mortgage shall be in a form acceptable to the
County Attorney ' s Office;
■ Participate in all DCA and HUD NSP monitoring visits;
■ Oversee rehabilitation work;
■ Provide the county grant administrator with sufficient information relating to the NSP to
respond to DCA and HUD monitoring reports ;
■ Provide the county grant administrator with sufficient information to respond to citizens
questions and/or complaints ;
■ Attend all applicable CDBG NSP progress meetings with the county grant administrator;
■ Allow review of project files by representatives of the county grant administrator;
■ Identify potential applicants to purchase the NSP housing units the SUBRECIPIENT has
acquired and process the applicants for program eligibility;
■ Market the property to attract potential homebuyers;
■ Schedule potential program participants for the eight hour, HUD certified, homebuyers
educational course being offered by the housing counseling agency,
■ Ensure that qualified homebuyers have successfully completed the HUD certified
homebuyers educational course prior to purchasing a NSP property;
■ Assist clients in applying for and obtaining competitive fixed rate first mortgage
financing;
■ Provide the county grant administrator with copies of audited annual financial reports for
each of the fiscal years that the organization participates in the NSP ; and
■ Include annual financial information regarding SUBRECIPIENT' s participation in the
NSP in its annual auditied financial statements and provide copies of those statements to
the County grant administrator for each of the fiscal years that SUBRECIPIENT
participates in the NSP .
35
Appendix "B"
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Authority
Submission of application to DCA X
Program Compliance Monitoring & Re ortin
Establish required formats for file X
maintenance and financial trackin
Monitor and evaluate program costs X
and expenses
Monitor and evaluate program X
compliance
Prepare required program reports X
Submit program reports to DCA X
Monitor compliance with federal X
wage and labor standards
Preparation of all notices X
Placement of all newspaper notices X
Preparation of DCA contract X
documents
Submission of all contract documents X
to DCA
Solicit for and select program X
administrator
Preparation of administrator contracts X
Preparation of developer, sub- X
recipient, and due diligence
agreements
Submission of administrator X
contracts, developer agreements, sub-
recipient agreements, and due
diligence agreements to DCA for
review and approval
Preparation of program contract X
documents
36
Appendix "B" (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Author!
Program Administration :
Maintain all records relating to the NSP X
program
Review all records for compliance with X
NSP requirements
Coordinate all DCA Monitoring Visits X
Participate in all DCA Monitoring Visits X
Prepare draft responses to all DCA X
monitoring reports
Submit responses to monitoring reports X
to DCA
Prepare drafts of all monthly progress X
reports required by DCA
Submit all monthly progress reports to X
DCA
Prepare draft responses to citizens X
complaints
Respond to citizens complaints X
Schedule and coordinate all progress X
meetings on the NSP
Property Owner Solicitation, Selection and Qualification Process :
Prepare intake application and other X
related forms
Prepare solicitation for homebuyers X
Advertise for eligible homebuyers X
Provide IRCHA with list of respondents X
Review respondent packages to X
determine who has lender
prequalification letter
Rank qualified respondents X
Review ranking and verify those selected X
to acquire property meet NSP
requirements
Work with applicant to obtain first X
mortgage commitment from lender
37
Appendix "B" (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Authority
Coordinate Solicitation For and Selection of:
Prepare solicitation for developers X
and/or sub-recipients
Prepare solicitation for due diligence X
providers
Advertise and select program X
administration consultant
Advertise and select developers X
Advertise and select sub-recipients X
Advertise and develop pool of X
contractors
Advertise and select appraisers X
Advertise and select title companies X
Advertise, rank, and select surveyors X
Advertise and select environmental X
firms to perform Phase I
Environmental Site Assessments
Advertise and select firms to perform X
lead paint testing
Advertise and select firms to perform X
mold testing
Advertise and select firms to perform X
asbestos inspections
Advertise and select firms to perform X
radon gas inspections
Advertise and select firms to perform X
Chinese drywall inspections
Advertise and select firms to perform X
termite inspections
Advertise and select firms to conduct X
Credit Counseling
Request for Funds :
Preparation of draw re uests X
Submission of draw requests to DCA X
38
Appendix "B" (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Authority
Environmental Review :
Prepare draft of overall Environmental X
Review, mail outs, and associated public
notices
Publish Environmental Review notices in X
newspaper
Submit Environmental Review package to X
DCA for approval
Property Offer and Acceptance:
IRCHA provides grant administrator with list X
of NSP eligible housing units IRCHA is
interested in acquiring
Program administrator locates additional X
housing units eligible for purchase within
NSP Target Areas and provide a list of
eligible properties to IRCHA
IRCHA identifies eligible housing units they X
are interested in acquiring from combined list
of eligible properties
For each housing unit that is being considered X
for acquisition with NSP funding, develop a
list of property improvements and an
estimated cost for each of these improvements
that will need to be completed prior to the
housing unit being occupied
Negotiate with REO for the purchase of NSP X
eligible properties the IRCHA is interested in
acquiring
County authorized revised offer on property X
39
Appendix "B" (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Authority
Due Diligence.
Issue purchase order for appraisal X
Certify from appraisal that contract for X
purchase is under 99% of appraised value
Insure property is properly zoned for X
intended land use
Issue purchase order for title search on X
the prope
Review title search to insure property X
title is clear
Provide written recommendation X
concerning need to carry out Phase I
Environmental Site Assessment
Issue purchase order for Phase I X
Environmental Site Assessment, if
required
Issue written recommendation on X
continuing with property acquisition
based upon results of Phase I
Environmental Site Assessment
Provide written recommendation X
concerning need to carry out Lead
Inspection
Issue purchase order for lead inspection, X
if required
Issue written recommendation on X
continuing with property acquisition
based upon results lead inspection report
Issue purchase order for termite X
inspection
IRCHA reaffirms desire to purchase X
property after due diligence is completed
Issue written recommendation on X
continuing with property acquisition
based upon termite inspection report
40
Appendix "B" (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Authority
Due Diligence cont
Issue purchase order for asbestos X
inspection, if required
Issue written recommendation on X
continuing with property acquisition
based upon asbestos inspection report
Prepare and submit site specific HUD X
Environmental Review to DCA —
track thru approval
Provide recommendation on property X
purchase based upon due diligence
Prepare property acquisition desktop X
monitoring package for submission to
DCA
Submit property acquisition desktop X
monitoring package to DCA for
approval
Obtain DCA approval of acquisition X
desktop monitoring package
Property Acquisition.
Coordinate the property closing X
Issue a check for property closing X
based on preliminary HUD= I from
closing agent
Record deed restriction on property X
Record second mortgage on property X
Take title to the property X
Property Maintenance During Rehabilitation :
Coordinate property and building X
maintenance during rehabilitation
Coordinate property security until X
resale
41
Appendix "B" (cont.)
Indian River County
Neighborhood Stabilization Program
Agreement with Indian River County Housing Authority (IRCHA)
Primary Tasks and Responsible Entity
Activity Indian River Fred Fox Indian River
County Enterprises County Housing
Authority
Property Rehabilitation :
Preparation of rehabilitation specs, X
plans and cost estimate
IRCHA sign off on rehabilitation X
specs & plans
Contractor notification of availability X
of bid package
Coordination of bid walk thru X
Receive bids X
Recommendation of award X
Rehabilitation bids awarded X
Develop rehabilitation contracts X
Coordinate execution of rehabilitation X
contracts
Execute rehabilitation contracts X
Recommend approval of draw X
requests
Sign off on draw requests X
Approve draw requests X
Recommend approval of final draw X
Sign off on final draw requests X
Approve final draw requests X
42
Appendix C
Program Statutes and Regulations
By signature of this Agreement, the SUBRECIPIENT hereby certifies that It will comply with the following applicable federal and state
requirements:
Section I: State and Federal Statutes and Regulations
1 . Community Development Block Grant, Final Rule, 24 C.F.R.,
Part 570. 602; 34. Flood Disaster Protection Act of 1973, P.L. 92-234;
2. Florida Small and Minority Business Act, s. 288.702-288.7149 F.S. ; 35. Protection of Historic and Cultural Properties under HUD
3 . Florida Coastal Zone Protection Act, s. 161 . 52- 161 . 58, F.S.; Programs, 24 CFR Part 59;
4. Local Government Comprehensive Planning and Land Development 36. Coastal Zone Management Act of 1972, P.L. 92-583 ;
Regulation Act, Ch, 163, F.S.; 37. Architectural and Construction Standards;
5 . Title I of the Housing and Community Development Act of 1974, as 38. Architectural Barriers Act of 1968, 42 U. S.C. 4151 ;
amended 39. Executive Order 11296, relating to evaluation of flood hazards;
6 . Treasury Circular 1075 regarding drawdown of NSP funds 40. Executive Order 11288, relating to prevention, control and
7. Sections 290.0401 -290.049, F.S. ; abatement of water pollution;
8 . Rule Chapter 9B-76, Fla, Admin. Code. ; 41 . Cost-Effective Energy Conservation Standards, 24 CFR Part 39;
9. Department of Community Affairs Technical Memorandums, 42. Section 8 Existing Housing Quality Standards, 24 CFR Part 882;
10. HUD Circular Memorandums applicable to the Small Cities CDBG 43. Coastal Barrier Resource Act of 1982;
Program; 44. Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq. ;
I 1 Single Audit Act of 1984; 45. Title VI of the Civil Rights Act of 1964 - Non-discrimination;
12. National Environmental Policy Act of 1969 and other provisions of 46. Title VII of the Civil Rights Act of 1968 - Non-discrimination in
law which further the purpose of this Act; housing;
13. National Historic Preservation Act of 1966 (Public Law89-665) as 47. Age Discrimination Act of 1975;
amended and Protection of Historic Properties (24 CFR Part 800); 48. Executive Order 12892- Fair Housing
14. Preservation of Archaeological and Historical Data Act of 1966; 49. Section 109 of the Housing and Community Development Act of
15. Executive Order 11593 - Protection and Enhancement of Cultural 1974, Non-discrimination;
Environment; 50. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8;
16. Reservoir Salvage Act; 51 . Executive Order 11063 - Equal Opportunity in 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 of 1968, as
19. Executive Order 12898 - Environmental Justice amended - Employment/Training of Lower Income Residents and
20. Executive Order 11988 and 24 CFR Part 55 - Floodplain Local Business Contracting;
Management; 54. Uniform Relocation Assistance and Real Property Acquisition
21 . The Federal Water Pollution Control Act of 1972, as amended Policies Act of 1970, P.L., 100- 17, and 49 CFR Part 24;
(33 U.S.C., s. 1251 et.seq.); 55. Copeland Anti-Kickback Act of 1934;
22. Executive Order 11990 - Protection of Wetlands; 56. Hatch Act;
23 . Coastal Zone Management Act of 1968, as amended; 57. Title IV Lead-Based Paint Poisoning Prevention Act
24. Wild and Scenic Rivers Act of 1968, as amended; (42 U.S.C., s. 1251 et. seq.);
25 . Clean Air Act of 1977; 58. OMB Circulars A-87, A- 102, A- 122, and A433, as revised;
26. HUD Environmental Standards (24 CFR Part 58); 59. Administrative Requirements for Grants, 24 CFR Part 85 ;
27. Farmland Protection Policy Act of 1981 ; 60. Section 102 of the Department of Housing and Urban Development
28. Clean Water Act of 1977; Reform Act of 1989 and 24 CFR Part 12,
29. Davis - Bacon Wage Rate Act; 61 . Title III of Division B of the Housing Recovery and Economic Act
30. Contract Work Hours and Safety Standards Act of 1962, 40 of 2008 (HERA), P.L. 110-289.
U.S.C. s. 327 et. seq. ; 62. Approved State of Florida 2008 Action Plan Substantial
31 . The Wildlife Coordination Act of 1958, as amended; Amendment
32. The Solid Waste Disposal Act, as amended by the Resource 63 . Federal Register Notice Numbers 5255-N-Ol and 5255-N-02.
Conservation and Recovery Act of 1975
(42 U. S .C., s. 6901 et. seq.);
33 . Noise Abatement and Control : Departmental Policy
Implementation, Responsibilities, and Standards, 24 CFR Part 51 ,
Subpart B;
43
APPENDIX D
4121,
!.!J IN r • f MA J
ji�✓�n�v ! : • ! !s. a
3' Q"
Y
yr
�a
Subcontractor Covered Transactions
( 1 ) The prospective subcontractor of the Recipient, ,
certifies , by submission of this document, that neither it nor its principals is presently debarred,
suspended , proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
10DB4X- 10-40-01 -F 13
Name and Title DCA Contract Number
Street Address
City, State , Zip
Date
APPENDIX E
BUDGET
SUBRECIPIENT shall adhere to the following budget in carrying out this Agreement.
LINE ITEMS MAY NOT BE ADDED to the budget during the term of this Agreement.
BUDGET
Estimated Purchase and Rehabilitation $ 1 , 885 ,548 . 50
Maximum allowable personnel and other direct costs
associated with Project Delive
j $ 1373126 . 00
Estimated Due Diligence to be carried out by third party
contractors (Not included in project delivery costs) appraisals,
title searches, Phase I Environmental Site Assessments, lead
inspections, termite inspections, etc. $ 56, 590 . 00
Estimated Maintenance & Insurance for Eight Months $ 229,000 . 00
TOTAL $ 2 , 1011264. 50
1 Other direct costs include copying and mileage for travel.
2 These project delivery related costs can be reimbursed to the Housing Authority, the
County, and the Grant Administrator.
45
APPENDIX F
PAYMENT FOR SERVICES
It is understood by both parties that as a Housing Authority SUBRECIPIENT falls under
the requirements of 24 CFR Part 85 . As such SUBRECIPIENT may be reimbursed only
for eligible administrative costs and expenses allowable under this code .
Consistent with that requirement, SUBRECIPIENT shall keep proper documentation,
through the use of time sheets, indicating total hours worked and hours spent on NSP
activities . Time Sheets for which reimbursement of expenditures will be sought as program
delivery costs shall also indicate the specific NSP activity carried out.
COUNTY shall reimburse SUBRECIPIENT on a monthly basis for allowable expenses
incurred.
46
APPENDIX G
REIMBURSEMENT REQUEST FOR NSP CDBG FUNDS
PROJECT NAME :
SUBRECIPIENT0 Indian River County Housing Authority
CONTRACT TO PURCHASE A FORECLOSED PROPERTY: $
CONTRACT TO REHABILITATE THE ACQUIRED PROPERTY S
INVOICES (attach all relevant invoices relevant and copies of $
disbursed checks)
OTHER CONTRACTS (Provide copies of contracts $
Using CDBG funds)
REIMBURSEMENT REQUEST TOTAL $
Authorized Signature Date
FOR CDBG COUNTY STAFF USE ONLY
Reviewed by Project Leader Date/Signature
Fiscal Review and Adjustment(s) Date/Signature
Notes :
47
APPENDIX H
INVOICE SHEET
To : Indian River County Community Development Department
From : Indian River County Housing Authority
Paid Invoices (period covered) from To
List Each Check Vendor Names Project Total on
Invoice Number Invoice
TOTAL
IN-KIND CONTRIBUTIONS (report if applicable) : Contributions used in completion of
project using other than CDBG funds (e. g. , labor, materials, financial contributions, etc .)
Items or Service(s) Value
I certify that to the best of my knowledge the data reported in this reimbursement request is
accurate .
Signature and Title Date
Special Note : ALL invoices and checks listed above must be attached (as well as any
bidding information and contracts) .
ALL COPIES MUST BE LEGIBLE AND REPRODUCIBLE
Page # — of
48
APPENDIX I
MONTHLY STATUS REPORT
SUBRECIPIENT: Indian River County Housing Authority
PROJECT :
DATE :
Report Period Thru
Signature
Activity Estimated Actual Estimated Actual
Start Date Start Date Completion Completion
Date Date
Attach narrative documentation for all activities, if applicable.
(Goals and accomplishments reported must be measurable and specific to activities
outlined in the Scope of Services) .
PROJECT GOALS FOR NEXT REPORTING PERIOD .
49
APPENDIX J
SAMPLE MONITORING INSTRUMENT
GENERAL ITEMS
1 . Are the following documents available (for Non-Profit Yes No N/A
Organizations) :
a. Articles of Incorporation?
b. Roster of Board of Directors?
c. Board Minutes?
d. Organizational Chart (names of persons in key
positions?
e. Copy of 501 (c)(3 ) Federal tax exempt letter?
f. Internal Revenue Service Form 941 ?
Performance Review
2 . Is there a copy of the contract for professional services?
3 . Are there copies of all plans andspecifications?
4 . Is there a copy of the Davis Bacon Wage Determination?
5 . Is there verification of the bid opening?
6 . Is there documentation of the premconstruction conference?
7 . Are all monthly reports current?
8 . Have any requests for Budget changes been properly
document/filed?
9 . Have all invoices submitted contained in the required
documentation/backup?
10. Are partial payment requests verified by site inspections?
11 . Are "Change Orders" properly documented and
processed?
12 . Have all payroll requests been verified/adjusted properly?
13 . Is there a final inspection report preceding final payment?
14 . Have an /all liens against the contractor been released?
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APPENDIX K
REPORTS REQUIRED BY DCA FOR THE NSP PROGRAM
The following reports must be completed and submitted to DEPARTMENT by COUNTY
in the time frame indicated. Failure of COUNTY to timely file these reports constitutes an
event of default, in the NSP Agreement between DEPARTMENT and COUNTY .
1 . The Contractual Obligation and MBE Report must be submitted to DEPARTMENT
by April 15 and October 15 annually. The form must reflect all contractual activity
for the period. If no activity has taken place during the reporting period, the form
must indicate "no activity" .
2 . A Monthly Progress Report must be submitted to DEPARTMENT fifteen ( 15) days
after the end of the month on the report form provided by DEPARTMENT. The
report is due on the 15th of the following month.
3 . The Administrative Closeout Package must be submitted to DEPARTMENT no later
than forty-five (45) days after the Agreement termination date .
4 . In accordance with OMB Circular A433 , revised, should COUNTY meet the
threshold for submission of a single or program specific audit, the audit must be
conducted in accordance with OMB Circular A- 133 and submitted to
DEPARTMENT no later than nine (9) months from the end of the Recipient ' s fiscal
year.
5 . The Section 3 Summary Report must be completed and submitted to DEPARTMENT
by July 31 annually. The form must be used to report annual accomplishments
regarding employment and other economic opportunities provided to persons and
businesses that meet Section 3 requirements.
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APPENDIX L
TIMETABLE
The work items and time line that would be utilized to carry out Indian River County' s
Neighborhood Stabilization Project (NSP) are as follows :
WORK ITEM DATE OF COMPLETION
1 . The County selects an administrator for the project. Complete
2 . The Administrator develops a draft of the County ' s
NSP application for review by County staff. Complete
3 . The County reviews and finalizes the NSP application
and submits the application to DCA for review and approval . Complete
4 . The County submits the administrative desktop monitoring
Package and administrative contract to DCA for approval . September 2009
5 . The Administrator develops a draft solicitation package for
non-profit organization that have shown an interest in becoming
partners in the County' s NSP program. Complete
6 . The Administrator begins Phase 1 of the CDBG Environmental
Review process. Complete
7 . The County solicits for organizations who wish to
become the County' s partners in the NSP program. Complete
8 . DCA approves the desktop monitoring solicitation package and
the contract for the NSP project administrator. March 2010
9 . The County receives the unexecuted NSP contract from DCA Complete
10 . The County returns the NSP contract package, including
attachments to DCA Complete
11 . The County receives executed NSP contract from DCA. Complete
12 . Phase I of the Environmental Review process is completed . Complete
13 . The County obtains the Release of Funds from DCA . Complete
14 . The County selects the Treasure Coast Homeless Services
Council, Inc. (TCHSC) and IRC Housing Authority (HA)
as NSP partners Complete
15 . The County, along with the (TCHSC) and the (HA) finalize
the activities to be carried out with the NSP program funding. Complete
52
16 . The County develops a list of qualified properties . March 2010
17 . The TCHSC and HA sub-recipient agreements are
finalized and sent to DCA for review and approval. October 2009
18 . The County solicits for and selects a pool of qualified
contractors to be utilized for rehabilitation if required. Ongoing
19 . DCA approves the TCHSC and HA sub-recipient agreements. March 2010
20 . The County enters into Developer ' s agreement with the TCHSC
and a sub-recipient with the HA to carry out the program. March 2010
21 . From a list of properties supplied by the County, the
TCHSC and HA submit a list of qualified properties
they are interested in acquiring April 2010
22 . Option contracts on properties are negotiated April 2010
23 . Due diligence is conducted on the properties May 2010
24 . Eligible properties are purchased June 2010
25 . Work write-ups for property rehabilitation are developed
and bids are solicited for and received, if required July 2010
26. Rehabilitation contracts are signed, construction commences August 2010
27. Families to purchase and lease properties are selected, eight (8)
hour educational classes are completed September 2010
28 . The rehabilitation of the units is completed; housing units
are occupied October 2010
29 . The administrator prepares the close-out documents and the
County reviews and submits the close out package to the state. December 2010
53
CHECKLIST
FINANCE AND ACCOUNTING TO BCC
Name of Contractor:
Project Name :
BCC Date : Person Completing .
ALL CONTRACTS, OR SUPPLEMENTS TO BE APPROVED BY BOARD MUST
HAVE THIS COMPLETED CHECKLIST ATTACHED
All exhibits and/or attachments referenced in contract are included with contract.
If insurance and/or performance bond(s) is required, the Certificate of Insurance or
Bond is attached to contract.
Liquidated Damages are provided for in the contract, if applicable.
The contract agrees with all back-up and agenda materials.
The contract is in compliance with Section 287 . 133 (2)(b), Florida Statutes, with
respect to public entity crimes.
If the contract is a supplement to a Master Contract, be sure the Supplement number
I
s correct.
Not-to-exceed contracts must have an hourly rate schedule as part of the contract.
On supplements, the professional hourly rate fee schedule must match the Master
Contract
The County ' s standard Reimbursable Cost Schedule, if applicable, is attached .
Checked by Risk Management
Checked by County Attorney' s Office (initiated by attorney) .
The original contract (including this checklist and all exhibits/attachments) must be in
the hands of the clerk at least 10 days prior to the board meeting
Date received by Clerk' s Office:
Number of originals received :
FXommunity DevelopmentlCDBG\2008 NSP\Contrsets\Nonprotits\DCA APPROVAL OF CONTRACIS\Sub-Recipient
Agreement for Housing Authority - Approved by DCA.doc
54