HomeMy WebLinkAboutDocumentation_Regular_Tab 10-K_3/5/1998 , Memorandum
To: Village Council
From: Thomas G. Bradford, Village Manager
Date: February 27, 1998
Subject: Tequesta Drive Diversion Project Bid Award; Agenda
Item
As you can see from the attached information from Al Oslund, bids
were recently opened for the Tequesta Drive Drainage Diversion
Project . Based upon the information provided, there is a
budgetary shortfall of funds necessary to complete the work. The
shortfall is $93, 347 and $138,347 if we assume we should cover
the $45, 000 anticipated to someday be provided by FEMA.
Since the Drainage Project is important to accomplish Tequesta' s
overall drainage objectives and that it is not likely that we can
reconfigure the work to save additional funds, we have reviewed
all applicable Village funds in order to determine if any funds
are available to transfer to the Tequesta Drive Diversion
Project .
A review of the funds appearing, below indicates that the
referenced funds may be transferred to the Tequesta Drive
Diversion Project, as follows :
• Stormwater Utility Fund: $0
• Capital Improvement Fund: $0
• General Fund: $138, 347
The tentative audited General Fund Undesignated. Fund Balance as
of September 30, 1997, is $1, 298, 697 before reserves for special
items and projects are made. Sufficient funds, therefore, exist .
If the Village Council will approve the referenced use of
undesignated fund balances from the above funds and the interfund
transfers necessary to accomplish the same, sufficient funding to
complete the Tequesta Drive Drainage Project will be available,
along with a contingency in the event that problems are
encountered in the field.
It is recommended that the Village Council award the construction
contract to Ric-Man International of Pompano Beach, Florida,
conditioned upon the Florida Department of Community Affairs'
(DCA) approval of the contractor per the DCA CDBG Program, and
authorize the above referenced budgetary transfers to occur.
TGB/krb
council\022798.sam
VILLAGE OF MEMORANDUM
TE UESTA
Q
February 27, 1998
To: Thomas Bradford, Village Manager
From: Allan Oslund, Coordinator Storm Water Utile./Capital Project
Subject: Award of Master Drainage Phase II Tequesta Drive
Please find enclosed the following support documents for the award of the above
referenced:
• Cover letter and agreement between the Department Of Community Affairs
(DCA) and the Village of Tequesta for the amount of$121,716.67.
• Agreement Between Palm Beach County and the Village Of Tequesta for the
amount of$14,314.00.
• Recommendation of award and Bid Tabulation from Gee & Jenson (Village
Engineers).
• Engineering design plans for Phase II.
The Village has budgeted through Storm Water Utilities $54,000.00, the DCA has
approved $121,716.67, and Palm Beach County through a Community Development
Block Grant Program (CDBG) has approved $14,314.00. This projects low bidder was
Ric-Man International with a bid of$298,577.25. With the budgeted and approved grant
moneys this leaves a raw short fall of$108,546.58. As with all projects, it is
recommended to include an approximate 10% contingency to cover unforeseen
construction costs, which would be $29,800.00 bringing a total short fall of for this
project to approximately $138,346.58.
At the present time I'm trying to get approval for an addition$45,000 grant
through FEMA but at this time there is no guarantee that the money will become
available, even if it was, most likely it will be several months. If this money becomes
available we would apply it to this project which there by reducing our overall short
falling.
I would recommend approval of this project subject to the CDBG approving
Ric-Man International as a qualified contractor which is a requirement of the CDBG.
r t ��
�� AGREEMENT BETWEEN PALM BEACH COUNTY
Sri,,. • AN.
VILLAGE OF TEQUESTA
R98 164D
9.
V\1-4,S.A ENT, entered into this day of FEB 0 3 1990 19 b
‘ : lt., Y and between
Valm Ruch County, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program, and the Village of Tequesta a Municipality duly
organized and existing by virtue of the laws of the State of Florida,.having its Principal Office at
357 Tequesta Drive.Tequesta. Florida 33469.
WHEREAS, Palm Beach County has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation
of a Community Development Block Grant Program in certain areas of Palm Beach County,
pursuant to Title I of the Housing and Community Development Act of 1974(as amended); and
WHEREAS, certain Palm Beach County Community Development Block Grant Citizen
Participation Structures, the Board of County Commissioners of Palm Beach County, and the
Village of Tequesta,desire to provide the activities specified in Part II of this contract; and
WHEREAS, Palm Beach County desires to engage the Village of Tequesta to implement such
undertakings of the Community Development Block Grant Program.
NOW,THEREFORE, in consideration of the mutual premises and covenants herein contained, it is
agreed as follows:
PART I
DEFINITION AND PURPOSE
1. DEFINITIONS
(1) "County"means Palm Beach County.
(2) "CDBG"means the Community Development Block Grant Program of Palm
Beach County.
(3) "HCD"means Palm Beach County Housing and Community Development.
(4) "Municipality"means the Village of Tequesta.
(5) "HCD Approval" means the written approval bf the HCD Director or his designee of
the Community Development Block Grant Program after a request or a report has
been properly processed in accordance with the HCD Policies and Procedures
Manual.
(6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person
authorized to act on its behalf.
(7) "Low and moderate income persons"means the definition set by U.S. HUD.
2. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
Agency will implement the Scope of Services set forth in Part II of this Agreement. At least
fifty-one percent (51%) of the beneficiaries of a project funded under this Agreement must
be low-and moderate-income persons.
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Village of Tequesta
PART II
SCOPE OF SERVICES
The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the
tasks necessary to conduct the program outlined in the Work Program Narrative, Exhibit"A", and
submit invoices using the cover sheet in Exhibit"B", both of which are attached hereto and made a
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part hereof.
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PART III
COMPENSATION.TIME OF PERFORMANCE. METHOD.AND CONDITIONS OF PAYMENT
1. MAXIMUM COMPENSATION
The Municipality agrees to accept as full payment for services rendered pursuant to this
Agreement the actual amount of budgeted, eligible, and HCD Director or designee-
approved expenditures and encumbrances made by the Municipality under this Agreement.
Said services shall be performed in a manner satisfactory to HCD. In no event shall the
total compensation or reimbursement to be paid hereunder exceed the maximum and total
authorized sum of$14.314 period of February 3.1990 through and Including September 30
.1998. Any funds not obligated after the expiration date of this Agreement revert to the
County.
2. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this project under U. S. HUE) Community
Development Block Grant No. B-97-UC-12-0004.
The effective date shall be the date of execution of this Agreement or the date of release of
funds by U.S. HUD, whichever is later. The services of the Municipality shall commence
upon execution of this Agreement or receipt of an Order to Proceed from HCD, and shall
be undertaken and completed in light of the purposes of this Agreement. In any event, all
services required hereunder shall be completed by the Municipality prior to September 30.
1998.
3. METHOD OF PAYMENT
The County agrees to make payments and to reimburse the Municipality for all budgeted
costs permitted by Federal, State, and County guidelines. In no event shall the County
provide advance funding to the Municipality or any subcontractors hereunder.
Requests by the Municipality for payments or reimbursements shall be accompanied by
proper documentation of expenditures and shall be submitted to HCD for approval no later
than thirty (30) days after the date the indebtedness was incurred. Payment shall be
made by the Palm Beach County Finance Department upon proper presentation of invoices
and reports approved by the Municipality and HCD. For purposes of this section, originals
of invoices, receipts, or other evidence of indebteddness shall be considered proper
documentation. When original documents cannot be presented, the Municipality must
adequately justify their absence, in writing, and furnish copies. Invoices shall not be
honored if received by the Palm Beach County Finance Department later than thirty (30)
days after the expiration date of this Agreement. Payment may be expected within thirty
(30)days after filing a properly supported and approved invoice(See Exhibit B).
4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED
PROCEDURES
The Municipality shall implement this Agreement in accordance with
applicable Federal, State, and County laws, ordinances and codes and with
the procedures outlined in the HCD Policies and Procedures Manual, and.
amendments and additions thereto as may from time to time be made. The
Federal, State, and County laws, ordinances and codes are minimal
regulations supplemented by more restrictive guidelines set forth in the HCD
Policies and Procedures Manual. No payments will be made until an HCD-
approved cost allocation plan for multi-funded projects by HCD Director or
his designee has been placed on file with HCD (if applicable). If the
Municipality has awarded a contract to an independent contractor to perform
project services and if competitive bidding or competitive negotiations are
• required under applicable law, the Municipality shall provide HCD with a
certified copy of the Bid Specifications and Bid Award authorizing the work
to be done on the projects and a certified copy of the contract let. All such
contracts shall be submitted to HCD for prior approval. Upon receipt of
certified copies of Bid Awards and Contracts, HCD will audit and forward
said certified copies to the Palm Beach County Finance Department
together with comments related to the audit. If the Municipality has awarded
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a contract to an independent contractor to perform project services, the
Municipality shall describe the services for which it is invoicing. If the
Municipality uses its own work force to perform project services, the
Municipality shall submit a certified copy of the purchase orders authorizing
the purchase of material and a certified copy of the work orders ordering the
work for which it will be invoicing. If the Municipality has awarded a contract
to an independent contractor to perform project services, the Municipality
shall submit a certified copy of the contractor's invoices identifying the
contract to which it applies stating the services rendered. The Municipality's
chief finance officer shall certify that the work that is being invoiced for has
been completed. The Municipality's chief finance officer will add his or her
certificate to the invoice that the Municipality has paid the invoice and
indicate check numbers with which the Municipality paid the invoice or
provide some other satisfactory audit trail.
Should a project receive additional funding after the commencement of this
Agreement,the Municipality shall notify HCD in writing within thirty(30)days
of receiving notification from the funding source and submit an approved
cost allocation plan within forty-five(45)days of said official notification.
(2) FINANCIAL ACCOUNTABILITY
The County may have a financial systems analysis and an internal fiscal
control evaluation of the Municipality by an independent auditing firm
employed by the County or by the County Internal Audit Department at any
time the County deems necessary to determine if the project is being
managed in accordance with Federal, State, and County requirements.
(3) SUBCONTRACTS
Any work or services subcontracted hereunder shall be specifically by
written contact,written agreement, or purchase order and shall be subject to
each provision of this Agreement. Proper documentation in accordance with
County, State, and Federal guidelines and regulations must be submitted by
the Municipality to HCD and approved by HCD prior to execution of any
subcontract hereunder. In addition, all subcontracts shall be subject to
Federal, State, and County laws and regulations. This includes ensuring
that all consultant contracts and fee schedules meet the minimum standards
as established by the Palm Beach County Engineering Department and U.S.
HUD. Contracts for architecture, engineering, survey, and planning shall be
negotiated fixed fee contracts. All additional services shall have prior written
approval with support documentation detailing categories of persons
performing work plus hourly rates including benefits, number of drawings
required, and all items that justify the"Fixed Fee Contract." Reimbursables
will be at cost.
None of the work or services covered by this Agreement, including but not
limited to consultant work or services, shall be subcontracted or reimbursed
without prior written approval of the HCD Director or his designee.
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(4) PURCHASING
All purchasing for services and goods, including capital equipment, shall be
made by purchase order or by a written contract and in conformity with the
procedures prescribed by the Palm Beach County Purchasing Ordinance, as
well as Federal Management Circulars A-87,A-102,A-128, and 24CFR Part
85 (also known as the Common Rule), which are incorporated herein by
reference.
(5) REPORTS.AUDITS.AND EVALUATIONS
Payment will be contingent on the receipt and approval of reports required
by this Agreement, the satisfactory evaluation of the project by HCD and the
County and satisfactory audits by the Internal Audit Departments of the
County and Federal Government if required. All reports will be due within
the time prescribed by this Agreement and the attachments hereto following
the execution of this Agreement.
(6) ADDITIONAL HCD. COUNTY.AND U.S. HUD REQUIREMENTS
HCD shall have the right under this Agreement to suspend or terminate
payments until the Municipality complies with any additional conditions that
may be imposed by HCD,the County or U.S. HUD at any time.
(7) PRIOR WRITTEN APPROVALS-SUMMARY
The following includes but is not limited to activities that require the prior
written approval of the HCD Director or his designee to be eligible for
reimbursement or payment:
(a) All subcontracts and agreements pursuant to this Agreement; '
(b) All capital equipment expenditures of$1,000 or more;
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(c) All out-of-town travel; (travel shall be reimbursed in accordance with
Florida Statutes, Chapter 112.061);
(d) All change orders; and
(e) :Requests to utilize uncommitted funds after the expiration of this
agreement for programs described in Exhibit A.
(f) All rates of pay and pay increases paid out of CDBG funds, whether
for merit or cost of living. (Pay rates and.increases paid out of
CDBG funds shall be consistent with Palm Beach County's
Personnel Department and subject to prior established guidelines).
(8) PROGRAM-GENERATED INCOME
All income by the Municipality from activities financed in whole or in part by
CDBG funds must be reported to HCD. Such income would include but not
be limited to income from service fees, sale of commodities, and rental or
usage fees. In addition to reporting said income, the Municipality shall
•
report to HCD the procedure developed to utilize program income to offset
project costs. If program income is used to extend the availability of
services provided by the Municipality through this Agreement, the prior
written approval of the HCD Director or his designee will be required.
Accounting and disbursement of program income shall be consistent with
the procedures outlined in OMB Circular A-102, and other applicable
regulations incorporated herein by reference.
GENERAL CONDITIONS PART IV
1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Municipality agrees that no person shall on the ground of race, color, national origin,
religion, or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of
such discrimination,the County shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible
business concerns located in or owned in substantial part by persons residing in the project
areas shall be awarded contracts in connection with the project.
2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the Municipality shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed
pursuant to this Agreement. To the maximum extent feasible these small business and
minority/women- owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Palm Beach County in the CDBG Annual Consolidated
Plan approved by U.S. HUD. At a minimum,the subrecipient shall comply with the Section
3 Clause of the Housing and Community Development Act of 1968.
3. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the beneficiaries of a project funded through this
Agreement must be low- and moderate- income persons. If the project is located in an
entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than
thirty percent (30%) of the beneficiaries assisted through the use of funds under this
Agreement must reside in unincorporated Palm Beach County or in municipalities
participating in the County's Urban County Program. The project funded under this
Agreement shall assist beneficiaries as defined above for the time period designated in
Exhibit A of this Agreement. The Municipality shall provide written verification of
compliance to HCD upon HCD's request.
4. EVALUATION AND MONITORING
The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities
as determined necessary by HCD or the County and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions.
Such evaluations will be based on the terms of this Agreement, comparisons of planned
versus actual progress relating to project scheduling, budgets, audit reports, and output
measures. The Municipality agrees to furnish upon request to HCD, the County or the
County's designees and make copies or transcriptions of such records and information as
is determined necessary by HCD or the County. The Municipality shall submit on a
schedule set by HCD, and at other times upon the request of HCD, information and status
reports required by HCD, the County or U.S. HUD on forms approved by HCD to enable
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HCD to evaluate said progress and to allow for completion of reports required of HCD by
U.S. HUD. The Municipality shall allow HCD or U.S. HUD to monitor the Municipality on
site. Such site visits may be scheduled or unscheduled as determined by HCD or U.S.
HUD.
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5. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HCD, the County, U.S. HUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the Municipality to HCD,the County, U.S. HUD, or the Comptroller General for
examination all its records with respect to all matters covered by this Agreement. The
Municipality will permit HCD, the County, U.S. HUD, or the Comptroller General to audit
and examine all contracts, invoices, materials, payroll, records of personnel, conditions of
employment, and other data relating in all matters covered by this Agreement. The County
reserves the right to require the Municipality or any of its subcontractors to submit, at the
request of the County, to an audit by an auditor of the County's choosing. The cost of any
said audit shall be borne by the Municipality. The County will be responsible for providing
technical assistance to the Municipality, as deemed necessary by the County.
The Municipality agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this Agreement. The will require the Municipality to submit a
single audit, including any management letter, made in accordance with the general
program requirements of OMB Circulars A-87, A-102, A-133, and other applicable
regulations within one hundred and eighty (180) days after the end of any fiscal year
covered by this agreement in which Federal funds from all sources'are expended. Said
audit shall be made by a Certified Public Accountant of the Municipality's choosing, subject
to the County's approval. The Municipality shall provide such audit to HCD. In the event
the Municipality anticipates a delay in producing such audit or audited financial statements,
the Municipality shall request an extension in advance of the deadline. The cost of said
audit shall be borne by the Municipality. The County will be responsible for providing
technical assistance to the Municipality, as deemed necessary by the County.
6. DATA BECOMES COUNTY PROPERTY
All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completedby the Municipality for the purpose of this
Agreement shall be made available to the County by the Municipality at any time upon
request by the County or HCD. Upon completion of all work contemplated under this
agreement copies of all documents and records relating to this agreement shall be
surrendered to HCD if requested. In any event the municipality shall keep all documents
and records for three(3)years after expiration of this agreement.
7. INDEMNIFICATION
The Municipality, agrees to protect, defend, reimburse, indemnify, and hold the County, its
agents, employees and elected officers, and each of them free and harmless at all times
from and against any and all suits, actions, legal or administrative proceedings, claims,
demands, damages, liabilities, interests, attorney's fees, costs and expenses of whatever
kind or nature whether arising in any manner, directly or indirectly caused occasioned or
contributed to in whole or in part, by reason of any act, omission or fault, whether active or
passive of Municipality, of anyone acting under its direction or control, or on its behalf in
connection with or incident to the performance of this agreement. Municipality's aforesaid
indemnity and hold harmless obligation, or portion or applications thereof,shall apply to the
fullest extent permitted by law, but in no event shall they apply to liability caused by the
negligence or willful misconduct of the County, its representative agents, employees or
officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived.
The Municipality will hold the County harmless and will indemnify the County for funds
which the County is obligated to refund the Federal Government arising out of the conduct
of activities and administration of Municipality.
At all times during the term of this agreement, the Municipality shall maintain ,
Comprehensive General Liability insurance, including coverage for personal injury, bodily
injury, property damage, and contractual liability; or shall verify self-insurance by letter to
support the indemnification clause herein. Such insurance shall be in an amount of not
less than $200,000 each occurrence, and coverages shall be evidenced by a Certificate of
Insurance and shall provide for thirty (30) days notice of cancellation, non-renewal or any
adverse change in coverage. Palm Beach County shall be included in the coverage as an
additional insured as its interests may appear.
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uwyt.v. I c41.1catil
8. MAINTENANCE OF EFFORT
The intent and purpose of this Agreement is to increase the availability of the Municipality's
services. This Agreement is not to substitute for or replace existing or planned projects or
activities of the Municipality. The Municipality agrees to maintain a level of activities and
expenditures, planned or.existing, for projects similar to those being assisted under this
Agreement which is not less than that level existing prior to this Agreement.
9. CONFLICT OF INTEREST
The Municipality agrees to abide by and be governed by OMB Circular A-110 which is
incorporated herein by reference. The Municipality further covenants that no person who
presently exercises any functions or responsibilities in connection with the CDBG Project,
. has any personal financial.interest, direct or indirect, in the target areas or any parcels
therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or
subcontracted by the Municipality. Any possible conflict of interest on the part of the
Municipality or its employees shall be disclosed in writing to HCD provided, however, that
this paragraph shall be interpreted in such a manner so as not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate-income residents of the project target area.
10. CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents informed of the
activities the Municipality is undertaking in carrying out the provisions of this agreement.
Representatives of the Municipality shall attend meetings and cooperate with area
representatives upon the request of the Citizen Participation Officers, HCD,or the County.
11. RECOGNITION
.All facilities purchased or constructed pursuant to this Agreement shall be clearly identified
as to funding source. The agency will include a reference to the financial support herein
provided by HCD in all publications and publicity. In addition,the agency will make a good
faith effort to recognize HCD's support for all activities made possible with funds made
available under this Agreement.
12. CONTRACT DOCUMENTS
The following documents are herein incorporated by reference and made a part hereof,and
shall constitute and be referred to as the contract; and all of said documents taken as a
whole constitute the contract between the parties hereto and are as fully a part of the
contract as if they were set forth verbatim and at length herein:
(1) This Agreement, including its Exhibits
(2) , Office of Management and Budget Circulars A-87,A-102,A-133, and 24CFR
Part 85
(3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title
II of the Americans with Disabilities Act of 1990
(4) Executive Orders 11246, 11478, 11625, 12432,the Davis Bacon Act, and Section 3
of the Housing and Community Development Act of 1968
(5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section
• 109 of the Housing and Community Development Act of 1974
(6) Florida Statutes,Chapter 112
(7) Palm Beach County Purchasing Ordinance
(8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as
amended
(9) The Municipality's personnel policies and job descriptions
(10) The Municipality's Certificate of Insurance
All of these documents are filed and will be maintained at the Business Office of HCD. One
copy of the contract documents(1), (2), (3), (4), (5), (6), (7) and (8)will be furnished to the
Municipality by HCD. Items (9), and (10) above shall be transmitted to HCD by the
Municipality.
13. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished
documents,' data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the Municipality with CDBG funds under this
Agreement shall be returned to HCD or the County.
In the event of termination,the Municipality shall not be relieved,of liability to the County for
damages sustained by the County by virtue of any breach of the contract by the.
Municipality, and the County may withhold any payment to the Municipality for set-off
purposes until such time as the exact amount of damages due to the County from the
Municipality is determined.
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A. Termination/Suspension of Payments/Contract for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to
terminate this'Agreement or suspend payments in whole or part by giving written
notice to of such termination or suspension of payments and specify the effective
date of termination or suspension.
If payments are withheld, HCD shall specify in writing the actions that must be taken
by the Municipality as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of
payments shall include, but not be limited to:
(1) Ineffective or improper use of CDBG funds;
(2) Failure to comply with the work program or terms of this Agreement;
(3) Failure to submit reports as required; and
(4) Submittal of materially incorrect or incomplete reports.
B. Termination for Convenience of County; The County may terminate this Agreement
without cause at any time by giving at least ten (10)working days notice in writing
from the County to the Municipality. If this Agreement is terminated by the County
as provided herein, the Municipality will be paid for allowable services performed
under Part II of this Agreement until the effective date of this termination.
In the event the grant to the County under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this
Agreement shall be suspended or terminated effective on the date the U.S. HUD
specifies.
C. Termination for Convenience of the Municipality:At any time during the term
of this Agreement, the Municipality may, at its option and for any reason, terminate
this Agreement upon ten(10)working days written notice to the HCD.
Upon termination, the Municipality shall be paid for services rendered pursuant to
this Agreement through and including the date of termination subject to the
conditions of Paragraph"B"above.
14. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby if such remainder would then continue to conform to the terms and
requirements of applicable law.
15. AMENDMENTS
The County may, at its discretion, amend this Agreement to conform with changes in
Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such
amendments shall be incorporated by written amendment as a part of this Agreement and
shall be subject to approval of the Palm Beach County Board of County Commissioners.
Except as otherwise provided herein, no amendment to this Agreement shall be binding on
either party unless in writing, approved by the Board of County Commissioners and signed
by both parties.
16. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HCD at its office at 3323 Belvedere Road, Building 501,West Palm Beach, Florida 33406,
and to the Municipality when delivered to its office at the address listed on Page One(1) of
this Agreement.
17. JNDEPENDENT AGENT AND EMPLOYEES
The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Palm Beach County employees and are
not subject to the County provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation
and employee benefits.
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18. NO FORFEITURE
The rights of the County under this Agreement shall be cumulative and failure on the part
of the County to exercise promptly any rights given hereunder shall not operate to forfeit or
waive any of the said rights.
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19. pUBLIC ENTITY CRIMES
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As provided in F.S. 287.133 by entering into this contract or performing any work in
furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within the 36
•
months immediately preceding the date hereof. This notice is required by F.S. 287.133
(3)(a)."
20. COUNTERPARTS OF THE AGREEMENT
' This Agreement, consisting of sixteen (16) enumerated pages which include the exhibits
• referenced herein, shall be executed in four (4) counterparts, each of which shall be
deemed to be an original, and such counterparts will constitute one and the same
instrument.
21. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties
hereto and constitutes the entire understanding. The parties, hereby acknowledge that
there have been and are no representations, warranties, covenants, or undertakings other
than those expressly set forth herein.
WITNESS our Hands and Seals on this day of , 1997_
VILLAGE OF TEQUESTA'
•
E' eth A.Sch er, Mayor
. •
Thomas G. Bradford,Villa a Managr
BY:
• Attorney for Municipality
(MUNICIPALITY SEAL) (Signature Optional)
••....... PALM BEACH COUNTY, FLORIDA,a
... y Cn;•.Political Subdivision of the State of Florida
ATTEST: RD OF COUNTY COMMISSIONERS
:::tz ,
•�': cpail▪ BEA iir : •
COUNTY
•
Deputy Clerk • • • .• ,
•
• • ••...•• ' Aaronson airman
••• •. Board of Coun y Commissioners
•,•••••••••
Approved Form and
(COUNTY SEAL)
•Legal ici c
R98 164D FEB 031998
By:
amm . ields •
Assi nt County Attorney
•
S:\CAPIMPRWdUNICIPL\TEQUESTA\STRMDRNGIAGR97-98.WPD
•
Page 8 of 16
••••••b., va a oyuUaLa
•
EXHIBIT"A"
WORK PROGRAM NARRATIVE
Village of Tequesta
THE MUNICIPALITYAGREES TO: •
• A. PROJECT SCOPE: The work covered by this agreement consists of the installation of
storm water drainage improvements on Tequesta Drive in the Village of Tequesta. The
Municipality shall procure the services of a contractor to construct these improvements
based plans and specifications to be prepared by the Municipality.
• NOTE 1:The Municipality shall prioritize the work in the project and bid it in such manner to
allow the award of portions that can be funded by available budgets. All construction work
shall be included in one contract.
NOTE 2: The Municipality shall obtain HCD approval prior to awarding the construction
contract to be funded through this agreement.
The Municipality further agrees that HCD, in consultation with any parties it deems
• necessary, shall be the final arbiter on the Municipality's compliance with the above.
B. ASBESTOS REQUIREMENTS: The Municipality shall comply with all applicable
requirements contained in Exhibit C, attached hereto, for construction work in connection
with the project funded through this agreement.
C. DAVIS-BACON ACT, The Municipality shall request the County to obtain a Davis-Bacon
wage decision for the project prior to advertising the construction work. The Municipality
shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements
of the Davis-Bacon Act in its construction bid solicitation and contract.
D. BONDING REQUIREMENTS: The Municipality shall comply with the requirements of
24CFR Part 85 in regard to bid guarantees, performance bonds, and payment bonds.
E. CONSTRUCTION PAYMENT RETAINAGE: The Municipality shall.apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with
• the final draw upon satisfactory completion of the project. The Municipality agrees not to
release such retainages until it has obtained approval from the County that the contractor
and subcontractors have complied with the requirements of the Davis-Bacon Act.
F. FORMER PROJECTS: The Municipality shall maintain all previously completed CDBG
funded projects. Failure to do so will result in forfeiture of future CDBG funds and will delay
funding for ongoing activities.
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be
September 30,1998.
Hire Consultant complete
Complete Contract Documents complete
Advertise&Accept Bids Jan 31, 1998
Award Contract Mar 31, 1998
Start Construction May 01, 1998
Complete Construction Sept 30, 1998
H. REPORTS: The Municipality shall submit detailed monthly progress reports to Housing
and Community Development outlining the status of specific activities under each project.
Each report must account for the total activity-for which the Municipality is reimbursed in
• part or in whole, with CDBG funds and which is required in fulfillment of their obligations
regarding the projects. The progress reports should be mainly in the form of a narrative
and are required in addition to monthly Grantee Performance Reports (GPR's). The
progress reports shall be used as an additional basis for invoice reimbursement.
USE OF THE PROJECT FACILITY: The Municipality agrees in regard to the use of the
• facility/property whose acquisition or improvements are being funded in part or in whole by
CDBG funds as provided by this Agreement, that for a period not less than ten (10) years
after the expiration date of this agreement(as may be amended from time to time):
a. The 'Municipality may not change the use or planned use of the
facility/property (including the beneficiaries of such use) from that for which
the acquisition or improvements are made, unless the Municipality provides
affected citizens with reasonable notice of, and opportunity to comment on,
any such proposed change and either:
1. The new use of the facility/property qualifies as meeting one of the
national objectives defined in the regulations governing the CDBG
program, and is not a building for the general conduct of govern-
ment; or
Page 9 of 16 •
2. The requirements of paragraph(b)of this section are met.
b. If the Municipality determines after consultation with affected citizens, that it
is appropriate to change the use of the facility/property to a use which does
not qualify under paragraph (a (1)of this section, it may retain or dispose of
the facility for such use if the County is reimbursed in the amount of the
• current fair market value of the facility/property less any portion thereof
attributable to expenditures of non-CDBG funds for acquisition of, or
• improvements to the facility/property. The final determination of the amount
of any such reimbursement to the County under this paragraph shall be
made by the County.
c. Following the reimbursement of CDBG funds by the Municipality to the
County pursuant to paragraph (b) above, the facility/property will then no
longer be subject to any CDBG requirements.
The provisions of this clause shall survive the expiration of this agreement.
J. SECTION 3 REQUIREMENTS: The Municipality agrees to comply with all Section 3
requirements applicable to contracts funded through this agreement. Information on
Section 3 is available at HCD upon request. The Municipality shall include the following,
• referred to as the Section 3 Clause, in every solicitation and every contract for every
Section 3 covered project:
Section 3 Clause
a. The work to be performed under this contract is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U. S.C. 170 lu (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3, shall to the
greatest extent feasible, be directed to low-and very low-income persons,
• particularly persons who are recipients of HUD assistance for housing.
b. The parties to this contract agree to comply with HUD's requirements in 24
CFR Part 135,which implement Section 3. As evidenced by their execution
of this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying
with the Part 135 regulations.
c. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement
or other understanding, if any, a notice advising the labor organization or
workers representative of the contractor's commitment under this Section 3
clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for
each of the positions;and the anticipated date the work shall begin.
d. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to
take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the subcontractor
is in violation of the regulations in 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions, including
training positions,that are filled(1)after the contractor is selected but before
the contract is executed, and (2)with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be
directed, were not filled to circumvent the contractor's obligations under 24
CFR Part 135.
f. Noncompliance with HUD's regulations in 24.CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
II. THE COUNTY AGREES TO:
A. Provide funding for the above specified improvements (including consultant services)
described in the Scope of the Project, during the term of this agreement, in the amount of
$14,314. However,the County shall not provide any funding for the construction work until
it Is assured that sufficient funds are available to complete the entire project.
Page 10 of 16
B. Provide project administration and inspection to the Municipality to ensure compliance with
U.S. HUD and the Department of Labor, and applicable State, Federal and County laws
and regulations. •
C. Monitor the Municipality at any time during the term of this Agreement. Visits may be
announced or unannounced as determined by HCD and will serve to ensure compliance
with U.S. Department of HUD regulations, that planned activities are conducted in a timely
manner, and to verify the accuracy of reporting to HCD on program activities.
D. The County shall perform an environmental review of the project, and review and approve
project design and bids submitted for the work. The County shall also perform Davis
Bacon Act Labor Standards monitoring and enforcement. Environmental review costs
incurred by the County may be charged to the project budget identified above.
E. Allowable costs that may be paid by the County under this Agreement in addition to those
stated in II.A above:
i) Costs of asbestos surveys,asbestos abatement, and abatement monitoring.
ii) Cost of soil testing, and land surveys.
iii)Reproduction costs of plans and specifications for the project.
iv) Costs of any other services customarily associated with projects of the nature of the
projectcontemplated by this Agreement.
The County shall review requests by the Municipality for expenditures on the above items
prior to undertaking the services associated with them, and approve any such expenditures
it deems appropriate for this project.
•
Page 11 of 16
EXHIBIT"B'LETTERHEAD STATIONARY
TO: Remar M. Harvin, Director
Housing and Community Development
3323 Belvedere Road, Building#501
West Palm Beach, FL 33406 .
FROM: Name of Subgrantee:
Address:
•
Phone:
•
RE: INVOICE REIMBURSEMENT
•
Attached, you will find Invoice # , requesting reimbursement in the amount of
$ . The expenditures for this invoice covers the period. through
. You will also find attached back-up original documentation relating to the
expenditures being invoiced.
Approved for Payment
•
•
S:\CAPIMPRV\MUNICIPL\TEQUESTA\STRMDRNGV1GR97-98.WPD
Page 12 of 16
•
EXHIBIT"C"
ASBESTOS REQUIREMENTS
PART A- SPECIAL CONDITIONS -ASBESTOS - PROCEDURES FOR REHABILITATION AND
DEMOLITION OF STRUCTURES: The provisions of this part apply to all rehabilitation and
demolition work contemplated in this agreement and described in Exhibit A of this agreement:
1. ASBESTOS NOTIFICATION
Federal and state asbestos regulations require, prior to the rehabilitation or demolition of
any structure:
(1) an inspection for asbestos-containing materials(ACM),
(2) removal of specified ACM, and
(3) an asbestos notification of rehabilitation or demolition received at least ten
(10)business days prior to demolition.
• To meet requirements#1 and#2 above,the Municipality shall request the County to survey
the all structure(s)to be rehabilitated or demolished in connection with this agreement for
the presence of ACM and the Municipality shall make every effort to remove Regulated
Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g. asbestos-
cement board and shingles) before commencing any rehabilitation or demolition work on
such structure(s). If not attached, it is the Municipality responsibility to contact the Project
Manager of the County department overseeing this project, or the County's Risk
Management/Loss Control section to obtain:
(A) and py of the pre-rehabilitation or pre-demolition asbestos, inspection report;
(B) a copy of the County's Risk Management/Loss Control's memo addressed
to the County department overseeing this project.
To meet requirement #3 above for rehabilitation or demolition work, the Municipality is
responsible for submitting a complete and accurate asbestos notification form titled"Notice
of Asbestos Removal Project" [i.e. NESHAP notification, 40 CFR Part 61.145(b)], for each
separate address where work will be performed to the below listed agencies at least 10
business days prior to demolition. The 4-copy forms are available from the Department of
Environmental Protection and the County's Risk Management/Loss Control.
SEND ORIGINAL TO: SEND YELLOW COPY TO:
State Asbestos Coordinator Environmental Specialist
FL Dept. of Environmental Protection FL Dept.Of Environmental Protection
2600 Blair Stone Road P.O. Box 15425
Tallahassee, FL 32399-2409 West Palm Beach, FL 33416-5425
SEND PINK COPY OR FAX OF ORIGINAL TO:
PBC Risk Management/Loss Control
Attn: NESHAP
P.O. Box 21229
West Palm Beach,FL 33416-1229
FAX: (561)233-5420
The Municipality must notify the County's Risk Management/Loss Control(phone •
(561)233-5430) immediately if the demolition Start Date changes. No demolition may start
before the Start Date on the NESHAP notification and no demolition may occur without the
notice to proceed from the County department. It is the responsibility of the Municipality to
call and submit revised NESHAP notification to the above listed agencies, adhering to
required NESHAP time frames.
The Municipality is responsible for physical checking the structure(s) before submitting the
NESHAP notification to ensure that all RACM and Category II ACM, as identified in the pre-
rehabilitation or pre-demolition asbestos inspection report, have been removed. If RACM
or Category II ACM is discovered, the Municipality shall immediately contact the County's
Project Manager or Loss Control.
2. WORK PRACTICES
The Municipality will utilize wet methods to control airborne emissions during the demolition
process and during loading onto transport vehicles, regardless whether Category 'I is
present or not. The Municipality is responsible for supplying water meters, hoses, and
adequate volume of water to the demolition site.
Page 13of16 •
Recycling of any building materials with either presumed or confirmed asbestos-containing
Category I (e.g. floor tile, sheet vinyl, and/or roofing materials) is not permitted, unless
written authorization is provided to the Municipality by the County.
3. OSHA AND FLORIDA STATUTES COMPLIANCE
• In accordance with OSHA, (reference 29 CFR 1926.1101) in the event ACM is present the
Municipality must have a competent person onsite who: (1) is capable of identifying existing
asbestos hazards in the workplace, (2) is capable of selecting the appropriate control
strategy for asbestos exposure, and (3) has the authority to take prompt corrective action
to eliminate them. This person must be trained in accordance with Chapter 469 Florida
Statutes as an onsite supervisor.
Copies of training certificates of the onsite supervisor shall be made available to the County
upon request.
4. ROOFING - REMOVAL OF CONFIRMED OR PRESUMED ASBESTOS-
CONTAINING BITUMINOUS ROOFING MATERIALS
It is the responsibility of the Municipality to determine if the roofing materials do not contain
asbestos. If the Municipality wishes not to sample and analyze for asbestos, the materials
will be presumed to contain asbestos and handled accordingly. If the Municipality elects to
• sample the roof system, she/he must first notify the County of the sampling, including date,
location, and number of samples to be collected. The bulk sample analyses must be
performed by a NVLAP-accredited laboratory (NVLAP is the National Voluntary Laboratory
Accreditation Program). Results, if proven less than one percent asbestos, shall be
provided to the County prior to the start of any work.
The Municipality will be required to meet all Federal, State, and Local regulations pertaining
to the handling, removal, and disposal of confirmed or presumed asbestos-containing
roofing materials. This includes, but is not limited to:
(1) Meeting the requirements listed in Chapter 469.012(2)&(3) Florida Statutes
regarding training of onsite roofing supervisors involved in the removal of
asbestos containing bituminous resinous roofing materials, and;
(2) Utilizing removal methods that will maintain the roofing material's Category I
• non-friable status and will not create dust, i.e. employ methods other than
sanding, grinding, drilling, abrading, rotary blade or saw cutting. Suggested
methods are slicing, shearing, or punch cutting while using wet methods
where feasible.
In the event ACM is found, the Municipality will submit the following documentation to the
County department coordinating this project.
(1) Copies of training certificates of the onsite roofing supervisor in compliance
with the current requirements of Chapter 469 Florida Statutes;
(2) Resume of the onsite roofing supervisor documenting asbestos-containing
• roofing removal jobs performed wit h the last two(2)years;
(3) Approval of a landfill to accept confirmed or presumed asbestos-containing
roofing material and any conditions associated with its acceptance, and;
(4) A plan of action,as specified by OSHA 29 CFR 1926.1101 which addresses:
a. Method of removal
b. Worker protection
c. Protection of building occupants and ventilation systems
d. Method and location of disposal
PART B - SPECIAL CONDITIONS -ASBESTOS - PROCEDURES FOR NEW CONSTRUCTION
AND REHABILITATION AND DEMOLITION OF STRUCTURES: The provisions of this part apply
to new construction work and to all rehabilitation and demolition work contemplated in this
agreement and described in Exhibit A of this agreement:
1. HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE
GENERAL
Federal regulations (40 CFR Part 61, Subpart M) classify asbestos-cement pipe (AC pipe)
as Category II non-friable asbestos-containing material. AC pipe must be handled in a
' manner which will maintain this classification. Therefore, all cutting and disposal of AC
pipe must be performed by a Florida Licensed Asbestos Contractor.
The Municipality will make every effort to identify and quantify the locating of known AC
pipe and material prior to onset of work.
If the Municipality during the course of work observes, uncovers, or otherwise becomes
aware of the existence of any asbestos-cement pipe, pieces, or material at the site to which
the Municipality or any subcontractor, supplier, or other person may be exposed, the
Municipality shall immediately notify the County and confirm any verbal notice in writing.
Page 14 of 16
•
• , Y e
•
The County shall promptly consult with the Project Engineer concerning such condition and
determine the necessity of the County retaining special consultants or qualified experts.
The Municipality shall not perform any work near or in connection with the suspect material
until receipt of special written instructions from the County.
The Municipality will ensure that all subcontractors follow these procedures.
PRE-WORK SUBMITTALS
The Municipality shall submit the name of the Asbestos Contractor and a copy of his/her
Florida Asbestos Contractor license to the Palm Beach County department coordinating
this project, prior to start of work.
WORKER PROTECTION
Licensed asbestos contractors will comply with the requirements of OSHA 29 CFR
1929.1101 concerning worker protection.
EXECUTION OF WORK
AC pipe will be kept wet during all phases of removal. No visible emissions are permitted.
Wet the pipe using an airless sprayer or utilize available water.
Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the
section of pipe to be cut.
Break, cut, or snap pipe into sections suitable in size to the disposal facility. Abrasive disc
saws are prohibited.
Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris that may
have fallen outside dropcloth.
Use of compressed air to clean AC pipes is prohibited.
At no time should AC pipe or pieces by mixed in with fill.
DISPOSAL
Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench, and
wrap and secure In second layer of 6-mll poly.
Affix the following labels to the exterior of each separately wrapped section of pipe. Labels
are to be waterproof, legible, and large enough in size to be readily visible:
First Label:
CAUTION
Contains Asbestos Fibers
Avoid Opening or Breaking Container
Breathing Asbestos is Hazardous to Your Health
Second Label:
DANGER
Contains Asbestos Fibers
Avoid Breathing Dust
Cancer and Lung Disease Hazard
Breathing Airborne Asbestos,Tremolite,Anthophyllite or
Actinolite Fibers is Hazardous to Your Health
•
• Third Label:
RQ HAZARDOUS SUBSTANCE
Solid, NOS
ORM-E, NA9188
(Asbestos)
Fourth Label:
Label each container with the name of the generator (owner) and the location at
which the waste was generated.
Properly dispose of all AC pipe generated each day. All wrapped sections may be stored
in a secure, locked enclosure pending disposal, if authorized by owner.
At no time are section pieces of AC pipe to be left on the worksite uncapped and
unsecured at the end of the workday.
All vehicles and/or containers used to haul asbestos-containing waste material shall be
lined with a minimum or 6-mil poly layer.
•
Label trucks used to transport asbestos-containing waste material during loading and
unloading as follows(refer to 29 CFR 1910.145(d)(4)for sign format):
Page 15 of 16
DANGER
Asbestos Dust Hazard
••
Cancer and Lung Disease Hazard
Authorized Personnel Only
POST WORK SUBMITTALS
The Municipality,or Asbestos Contractor, as waste generator shall complete a Waste
Shipment Record (WSR) for each shipment of asbestos-cement pipe disposed. Refer to
• 40 CFR Part 61, Revision Final Rule for an example of WSR or contact Palm Beach
County Risk Management/Loss Control.
The Municipality or his designated subcontractor will submit the following documents to the
Palm Beach County department coordinating this project prior to payment.
A copy of the WSR prior to shipment.
A copy of the WSR signed by the disposal facility within thirty-five (35) days of
shipment.
PART C - SPECIAL CONDITIONS - REGULATIONS: The provisions of this part apply to all
projects contemplated in this agreement and described in Exhibit A of this agreement:
Environmental Protection Agency: 40 CFR Part 61 National Emission Standards for
Hazardous Air Pollutants;Asbestos NESHAP Revision Final Rule November 20, 1990.
Occupational Safety and Health Administration: 29 CFR 1926.1101 - Asbestos,
Construction Industry Standard.
Department of Business and Professional Regulations, Chapter 469 Florida Statutes,
Licensure of Consultants and Contractors.
S:\CAP I M P RM U N I C I P L\TE Q U E S TA\S TRM D R N G W G R 97-98.W P D
•
•
Page 16 of 16
r) LAGE OF TEQUESTA TEL :407-575-6239 Feb 26 98 15 :55 No .003 P .01
•
NOelt°__ STATE OF FLORIDA
DEPARTMENT OF .COMMUNITY AFFAIRS
•rRf;
IAWTONCHILES "Halpin i✓!'ocittnvEve safe, vibrant, sustainable communities
Governor . rY L.UU
LAMES F,MURLEY r !
Secretary fr
f E B 1 g 1998 1998
.VILLAGE OF FEB 1 3
TEQUESTA
EILDG. DEFT.
The Honorable Elizabe . chauer.
Mayor, City of Tequesta
Post Office Box 3273
• Tcquesta, Florida 33469-0273
RE: CDBG Contract Number 98DB-3M-10-60-15-L05
Request for Release of Funds/Environmental •
Dear Mayor Schauer:
•
• The Department of Community Affairs has received your Request for
Removal of Environmental Conditions. The request certifies t.i-t;ct. an
environmental impact statement was not required for this project. because
there will be no significant impact on the environment and no ether
environmental review is required under the "statutory checklist."
Based upon this certification, it appears that you have complied with the
requirements of 24 C.F.R. Part 58 and all environmental condit ions have been
removed effective the date of this letter. A detailed review of thr.: Environmental
Review Record (ERR) further indicates that all applicable proc:c:ilures were
followed in assessing the environmental impact of the project, appropriate
notices'were filed and, to our knowledge, no objections were mi:;ed.
•
This notice constitutes your authority to expend CDRG program funds,
unless otherwise restricted by the Special Conditions, as stipulated by the
award agreement.. Should you have any questions about this notice, please call
Judy Peacock at (904) 922-1887 or Suncom 277-3644.
•
Sincerely, •
,--R:1-3 jidet.
Susan M. Cook, Ph.D,
•
•
FEORIDA[FY5 ' Community Program Administrator
kea of Critical State Concern
FleldOffiee SMC/jp
2796 Nuns Highway,Suite 212 cc: Michelle Falasz
Marathon,Florida 33050•2227
Tim Eddy
CREEHSWAMP Rosemary'Scaringe
kea of Critical State Concern
Field Oree
ISO EastSumrnedin
Bartow,Florida 33B30-4641
SOUTH FLORIDA
RECOVERY°Fria 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, Fl ORIDA 32399-2100
F.O
6$Som
So 4022
8600 NM.361h Stmet
Phone: 904.488.8466/Suncom 278.6466 FAX: 904,921.0781/Suncom 291.0781
.W.
Miami,Florida 3315941012 Internet address: http://www.statc.fl.us/comaff/dca.html
•
{ Contract Number: 98DB-3M-10-60-15-L05
•
CFDA Number: ' 14.219
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs with
headquarters in Tallahassee, Florida (hereinafter referred to as the"Department"), and the Village of Tequesta, (hereinafter
referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified; possesses the requisite skills, knowledge,
qualifications and experience to provide the services identified herein, and does agree to perform as described herein, and
B. WHEREAS, the Department determined that the Recipient has successfully negotiated a Community
Development Block Grant(hereinafter referred to as"CDBG"), and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment
A of this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon the date last signed and shall end twenty-four(24) months after the date last
signed unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT.
(a) Either party may request modification of the provisions of this Agreement. Changes which are mutually
agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original o
this Agreement.
(b) All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of"Department of Community Affairs", and mailed directly to the Department at the following address:
Department of Community Affairs
Attn: Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
1
•
(5) RECORDKEEPING.
4 ,
(a) If applicable, Recipient's performance under this Agreement shall be subject to 24 C.F.R. Part 85 or
OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit
Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments,"OMB Circular No A-21,
"Cost Principles for Educational Institutions,"or OMB Circular No.A-122, "Cost Principles for Nonprofit Organizations."
(b) All original records pertinent to this Agreement shall be retained by the Recipient for three years
following the date of termination of this Agreement or of submission of the final close-out report, whichever is later,with the
following exceptions:
1. If any litigation, claim or audit started before the expiration of the three year period and extends
beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have.
been resolved.
2. Records for the disposition of non-expendable personal property valued at$1,000 or more at
the time of acquisition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for three years after closing of titl€
(c) All records, including supporting documentation of all program costs, shall be sufficient to determine
compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A-and all other applicable law.
and regulations.
(d) The Recipient, its employees or agents, including all subcontractors to be paid from funds under this
Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable"
shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00
p.m., local time, on Monday through Friday. "Agents"shall include, but not be limited to, auditors retained by the Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in Attachment C and all
terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment H.
(61 REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a close-out report and other reports that
may be required from time to time by the Department.
(b) The close-out report is due within 45 days of termination of this Agreement or upon completion of the
activities contained in this Agreement.
(c) If all required reports and copies, prescribed above, are not sent to the Department or are not complete
in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may talcs
such action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not
received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product w
completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work.
(d) Upon reasonable notice, the Recipient shall provide such additional program updates or information as
may be required by the Department.
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(e) The Recipient shall provide additional reports and information as identified in Attachment D.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are
being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are
being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely responsible to
parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all
claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this
Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to Ir
fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be used by third parties in any matter arising out of any
contract.
(9) DEFAULT: REMEDIES;TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by the Legislature,
the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur("Events of
Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department
so elects, terminate and, the Department may at its option exercise any of its remedies set forth herein, but the Department may
make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to
exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or any previous
Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep,
observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department
and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the Recipient at any time
during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, an:
the Recipient fails to cure said material adverse change within thirty (30)days from the time the date written notice is sent by the
Department;
3. If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the services required
under the Budget and Scope of Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to t
Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrent
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or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other
remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least twenty-one (21) days prior
written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional
information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a
written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to
suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the
Department for the amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under law.
(c) The Department may terminate this Agreement for cause upon such written notice as is reasonable
under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application, misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the
Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.
Stat., as amended.
(d) Suspension or termination constitutes final Department action under Chapter 120, Fla. Stat., as
amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules,
regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) . Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of
any breach of Agreement by the Recipient. The Department may, to the extent authorized by law,withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is
determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or
first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said
notification attached to the original of this Agreement.
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(b) The name and address of the Department contract manager for this Agreement is:
Susan M. Cook
Community Program Administrator
Bureau of Community Development '
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(c) The name and address of the Representative of the Recipient responsible for the administration of this
Agreement is:
250 Tavebr7-—OP vE Svrye'3a-
T i 'i7`, Fusiz;A— �J344Dt
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,
and materials submitted or provided by the Recipient, or any Participating Party in this Agreement, in the Application, in any
subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this
Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or
any material changes shall, at the option of the Department and with thirty (30)days written notice to the Recipient and any
Participating Party, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions
arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient or any Participating Party shall affect or extend or act as a waiver of any other right or remedy of
the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or
subsequent default by the Recipient or any Participating Party. Any power of approval or disapproval granted to the Department
under the terms of this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an
original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.0
Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the
areas of employment, public accommodations, transportation, State and local government services, and in telecommunications.
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(f) 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 submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of Category Two (as defined in
Chapter 287 Fla. Stat.)for a period of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or audit by state
personnel and other personnel duly authorized by the Department. "Reasonable"shall be construed according to circumstances,
but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records,,reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) The Recipient shall provide the Department with an annual financial audit report which meets the
requirements of Sections,11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to
the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circulars A-128 or A-133 for the purposes of
auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the
Department as a grant and aid appropriation.
1. The annual financial audit report shall include all management letters and the Recipient's
response to all findings, including corrective actions to be taken;
2. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and grant revenue by sponsoring Department and Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall
be sent directly to:
Department of Community Affairs
Community Program Administrator
Bureau of Community Development
2555 Shumard Oak Boulevard •
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not
spent in accordance with these applicable regulations and Agreement provisions within thirty (30)days after the Department has
notified the Recipient of such non-compliance.
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(f) The Recipient shall retain all financia; records, supporting documents, statistical records, and any other
documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report.
However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained
until the litigation or audit findings have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public accountant(IPA)who
shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that
the audit complied with the applicable provisions noted above.
(h) The audit is due seven months after the end of the fiscal year of Recipient.
(I) An audit performed by the State Auditor General shall be deemed to satisfy the above audit
requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts with a subrecipient as defined in 24 C.F.R. Part 570 for any or all of the
work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within ten (10)
days after execution of that subcontract. The Recipient agrees to include in the subcontract that(I) the subcontractor is bound by
all applicable state and federal laws and regulations, and (ii)the subcontractor shall hold the Department and Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent
allowed and required by law.
(b) The Recipient will monitor the activities of any subrecipient pursuant to the requirements in 24 C.F.R.
Part 570 and HUD Handbook, "Managing CDBG,A Guidebook for Subrecipients Oversight", dated August 1993.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A- Budget and Scope of Work
Attachment B- Program Statutes and Regulations
Attachment C- Recordkeeping
Attachment D- Reports
Attachment E- Federal Lobbying Prohibitions
Attachment F- Copyright, Patent and Trademark
Attachment G -Statement of Assurances
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Attachment H - Property Management and Procurement
Attachment I - Reserve
Attachment J- Reserve
Attachment K-Special Conditions
• Attachment L-Work Plans
(16) FUNDING/CONSIDERATION.
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed $121,716.67 subject to the
availability of funds.
(b) Any advance payment under this Agreement is subject to s.216.181(14), Florida Statutes. The amount
which may be advanced may not exceed the expected cash needs of the Recipient within the first three
(3) months, based upon the funds being equally disbursed throughout the contract term. For a federally
funded contract, any advance payment is also subject to 24 C.F.R. Part 85, 24 C.F.R. Part 570 federal
OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance
payment is requested, the budget data on which the request is based and a justification statement shall
be included in this Agreement as Attachment F. Attachment F will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these funds.
1. X No advance payment is requested.
2. An advance payment of$ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The
Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of
this Agreement.
(d) All funds shall be requested on forms provided by the Department for that purpose.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat.
(b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be
in writing for a period not to exceed six(6) months and shall be subject to the same terms and conditions set forth in the initial
Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreemen
for completion of the Agreement is due to events beyond the control-of the Recipient
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(c) 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. ..
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
acco-dance with s. 1.12.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal
by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter
119, Fla. Stat., and made or received by the Contractor/Recipient in conjunction with the Agreement.
(f) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C.
Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act("INA")]. The Department shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Recipient of
the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement
by the Department.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
Refer to Attachment E for additional terms and provisions relating to lobbying.
(19) COPYRIGHT. PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to copyrights, patents and
trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to
be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the
execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies
that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment G.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue reimbursement payments to Recipients
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in
accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the
9
Department paying interest at a rate as established pursuant to Section 55.03(1), Fla. Stat. The interest penalty shall be paid
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within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s)from a state Department may receive assistance by
contacting the Vendor Ombudsman at(904)488-2924 or by calling the State Comptrollers Hotline at
1-800-848-3792.
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned
officials as duly authorized.
RECIP STATE OF FLORIDA
B DEPARTMENT OF COMMUNITY AFFAIRS
Name and Title:ELIZNAETNt A..ScWMveR,tMAYc y:
Date: O '7 - 3 1 — qi Name and Title: Thomas A. Pierce, Chief •
Bureau of Community Development
Federal Employer I.D.5 1 (v O 4 1 O 2 1 Date:
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Attachment A
Budget and Scope of Work
ACTIVITY CDBG ACCOMPLISHMENTS BENEFICIARIES
BUDGET
AMOUNT
NUMBER DESCRIPTION NUMBER UNIT LMI TOTAL
04C DRAINAGE $121,716.67 1,200 LF 50 ' 94
IMPROVEMENTS- (30 HH) (57 HH)
SYSTEM
TOTAL $121,716.67
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Attachment B
PROGRAM STATUTES AND REGULATIONS
(a) This Agreement and the CDBG Program are governed by the following statutes and regulations:
1. 24 C.F.R. Part 570;
2. • Florida Small and Minority Business Act, s. 288.702-288.714, F.S.;
3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.;
4. Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.S.;
5. Title I of the Housing and Community Development Act of 1974, as amended;
6. Treasury Circular'1075 regarding drawdown of CDBG funds.
7. Sections 290.0401-290.049, Fla. Stat.;
8. Department of Community Affairs Technical Memorandums;
9. HUD Circular Memorandums applicable to the Small Cities CDBG Program; and
10. Single Audit Act of 1984.
(b) Additional program provisions governing this Agreement are:
(1) The Recipient agrees that future changes in applicable laws, rules, and regulations governing the
Federal and local CDBG program are applicable to this Agreement on their effective dates.
(2) The Department shall review the Recipient's performance periodically to determine whether the
Recipient has substantially completed its program as described in the approved Application and this Agreement in accordance
and compliance with the requirements of s. 290.041-290.049, Fla. Stat., as amended, and other applicable state and federal law;
and regulations. Training and technical assistance shall be provided by the Department,within limits of staff time and budget,
upon written request by the Recipient and/or upon a determination by the Department of Recipient need.
(3) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and
shall assure the cooperation of its employees, subrecipients and subcontractors during such activities.
(4) If at any time after the effective date of this Agreement, the Department determines that an activity to be
funded is not eligible pursuant to 24 C.F.R. Part 570 or any subsequent federal regulation which supersedes it, the Department
may unilaterally amend this Agreement to delete the ineligible activity and de-obligate any unencumbered funds attributable to
the ineligible activity. Any funds expended on an activity subsequently deemed ineligible shall be repaid to the Department withir
30 days of receipt of a request from the Department for said repayment; provided, however, that any activities which become
ineligible solely as a result of a change in state or federal regulations, shall not result in funds expended prior to the change in
regulations having to be repaid to the Department.
(5) In the event that the Department suspends funding pursuant to the provisions of this Agreement, said
suspension shall take effect as of the receipt of the notice of said suspension by the Recipient. Any requests for payment for
which the Department has not yet disbursed payment shall be subject to said suspension.
(6) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security
agreement, or other obligation specified in any Participating Party Agreement or in any written contract with a beneficiary,
contractor, agent, or subrecipient who received payment or benefit from funds disbursed under this Agreement, the Department
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may, with thirty days (30)written notice to the Recipient, automatically substitute itself for the Recipient in said Participating Parts
Agreement or written contract for the purpose of enforcing said Participating Party Agreement or written contract and may, at its
discretion, continue to administer said Participating Party Agreement or written contract.
(7) The Application is made a part of this contract by reference.
(8) The Recipient, its employees, and agents, shall maintain records and supporting documents as
prescribed in 24 C.F.R. Section 570.490(b), "Unit of general local government records"; 24 C.F.R. Section 570.490(c); and 24
C.F.R. Part 5. These records shall be maintained at a readily accessible site within the jurisdiction and under the jurisdiction's
control.
(9) All Recipient or Subrecipient contracts for which CDBG is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to
the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or
termination is received by the Recipient may not be funded with CDBG funds unless previously approved in writing by the
Department consistent with 24 C.F.R. Part 85. All subrecipient contracts shall contain provisions for termination for cause or
convenience and shall provide for the method of payment in such event.
(10) All amendments requiring prior Department approval must be submitted 45 days prior to the end of the
contract and must be approved in writing by the Department prior to the Recipient's submission of a closeout package. Any
closeout package received prior to the written approval of said amendment is considered void ab initio, and is not considered a
closeout package for the purposes of eligibility or potential penalty issues related to closeout.
(11) Submission of inaccurate information by the Recipient in monitoring report responses; auditor audit
finding responses; closeout, program income, or other required reports; or Requests for Funds that result in subsequent official
Department action based on that inaccurate information (such as the granting of administrative or final closeout status, releasing
funds, or clearing findings) may, at the option of the Department, subject the Recipient to one or more of the following remedies:
(a) Revocation of the official Department action(s) predicated on that report or submission,e.g.,
revocation of closeout status, audit clearance, monitoring report clearance, etc.
(b) In the case of an administrative closeout status, it would result in the nullification of the eligibility
of the Recipient to apply for and receive additional CDBG funding in accordance with Section 290.046(2)(c)(i), Fla. Stat.. Such
revocation of administrative closeout status would also affect subsequent Department actions made on that basis, and could
include the cancellation of any subsequent grant awards and repayment by the Recipient of any grant funds previously expended
under the nullified grant contract.
(12) Funds expended for otherwise eligible activities prior to the effective date of this Agreement, except for
those provided for in this contract or prior to the effective date of the enabling amendment wherein the Department agrees to thei
eligibility, fundability, or addition to this Agreement, are ineligible for funding with CDBG funds.
(13) An administrative closeout package shall contain the submissions detailed in Fla. Admin. Code, Rule 9B
43.014(7)(b) and be dated and executed by the chief elected official or the previously established designee of that chief elected
official. Should the closeout package be incomplete, illegible, or unsigned, it will be considered void ab initio and is not
considered a closeout package for purposes of eligibility or potential penalty issues related to closeout.
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(14) Pursuant to 24 C.F.R. Section 570.489(b), those pre-agreement costs reflected in the grant application
as originally submitted that relate to preparation of the grant application are considered eligible costs and may be reimbursed to
the Recipient, if they are otherwise in compliance with all other requirements of this contract.
(15) Any amendment requiring Department prior written approval must be submitted to the Department 45
days prior to the end of the contract.
(16) Any amendment requiring Department prior written approval which impacts a Closeout Package must be
received 45 days prior to submission of the closeout package.
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Attachment C
RECORDKEEPING
•
(a) If applicable, recipient's performance under this Agreement shall be subject to 24 C.F.R. Part 85,
"Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal
Governments"or OMB Circular No.A-110, "Grants and Agreements with Institution's of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular
No. A-21, "Cost Principles for Educational Institutions,"or OMB Circular No.A-122, "Cost Principles for Nonprofit Organizations."
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) • All original records pertinent to this Agreement shall be retained by the Recipient for three years
following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the
following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year period and
extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at$1,000 or more at the
time of acquisition shall be retained for three years after final disposition.
3. All records relating to real property acquisition shall be retained for three years following final
closeout or until the period for retention of relevant displacement records has expired,whichever is appropriate.
4. Records relating to displaced persons or businesses shall be retained for three years following
final closeout or resolution of all claims and litigation, which ever comes last.
(c) All records, including supporting documentation of all program costs, shall be sufficient to determine
compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws
and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds
provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and
agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours
of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by
the Department.
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Attachment D
REPORTS
The closeout report shall not be submitted prior to the completion of and acceptance by the Recipient of all non-
administrative activities. At the time of submission of the closeout report, all construction must be completed and accepted by the
recipient. Any approval by architects, engineers, rehabilitation specialist, building inspectors, code enforcement personnel;
property owners, building owners or occupants, or others whose approval is required must be obtained prior to submitting the
administrative closeout. All non-administrative invoices must be received and approved prior to submission of the administrative
closeout.
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Attachment E
Federal Lobbying Prohibitions
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
(b) 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 a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for-making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
RECIPIE T
Sig
ELTZAT ETN A . SCHAQE R WI/1 '10K
Name and Title (printed)
18
Attachment F
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Copyright, Patent and Trademarks
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the
Recipient shall retain all rights and entitlements to that pre-existing patent of copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the
Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent
rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the
event that any books, manuals, films,'or other copyrightable materials are produced, the Recipient shall notify the Department.
Any ad all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the
State of Florida.
•
(c) Within thirty (30)days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or
copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed.
• Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all
patents and copyrights which occur during performance of the Agreement.
•
19
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Attachment G
STATEMENT OF ASSURANCES
The Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program.
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the
filing of the application, including all understandings and assurances contained therein, and directing and authorizing the
Recipient's chief executive officer to act in connection with the application and to provide such additional information as
may be required.
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or
employee of the Recipient, or its designees or agents, no member of the governing body of the locality in which the
program is situated, and no other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program
assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes stated above.
(d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review(IC
& R) process, and that either:
(1) Any comments and recommendations made by or through clearinghouses are attached and have been
.considered prior to submission of the application; or
(2) The required procedures have been followed and no comments or recommendations have been
received prior to submission of the application.
(e) It has facilitated or will facilitate citizen participation by:
(1) Providing citizens with an opportunity to participate in the determination of priorities in community development
and housing needs;
(2) Providing adequate notices for one or more public hearings;and
(3) Holding one or more hearings on the proposed application before adoption of a resolution or similar
action by the local governing body authorizing the signing of the application.
(f) Its chief executive officer or other officer of Recipient approved by the State:
(1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of
1969 (NEPA) and other provisions of Federal law, as specified in 24 C.F.R. Part 58,which furthers the purposes
20
of NEPA, insofar as the provisions of such Federal law apply to the Community Development Block Grant
Program; and
(2) Is authorized and consents on behalf of the Recipient and himself to accept the jurisdiction of the
Federal courts for the purpose of enforcement of his responsibilities as such an official.
(g) It will comply with the regulations, policies, guidelines and requirements of 24 C.F.R. Part 85, OMB Circulars
Number A-87, A-110, and A-122 as they relate to the application, acceptance, and use of Federal funds under this
document.
(h) It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974, as amended, 24 C.F.R. Section
570.605, and State regulations regarding the administration and enforcement of labor standards;
(2) The provisions of the Davis-Bacon Act(40 U.S.C. 276 a-5)with respect to prevailing wage rates (except for
projects for the rehabilitation of residential properties of fewer than eight units) and HUD Handbook 1344,as
revised;
(3) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards)employed on federally assisted contracts be paid
wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty
hours in a work week; and
(4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et seq., requiring that covered employees be paid
at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-week.
(i) It will comply with all requirements imposed by the State concerning special requirements of law, program
requirements, and other administrative requirements, approved in accordance with 24 C.F.R. Part 85.
(j) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto (24
C.F.R. Part 1),which provides that 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 the Recipient receives Federal financial assistance and will immediately
take any measures'necessary to effectuate this assurance. If any real property or structure thereon is provided
or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate
the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real
property, or structure is used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and
activities relating to housing and community development in a manner to affirmatively further fair housing; and
21
•
will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and
the provision of brokerage services;
•
(3) E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that
programs and activities relating to housing and urban development be administered in a manner affirmatively to
further the goals of Title VIII of the Civil Rights Act of 1968;
(4) Section 109 of the Housing and Community Development Act of 1974, as amended, and the
regulations issued pursuant thereto(24 C.F.R. Section 570.601), which provides that no person in the United
States shall, on the grounds of race, color, national origin, or sex, 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
funds provided under the Act;
(5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or
with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of
1973 and 24 C.F.R. Part 8;
(6) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of
housing built with Federal assistance;
(7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued
pursuant thereto (24 C.F.R. Part 130 and 41 C.F.R. Part 60), which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of employment during the
performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates
of pay or other forms of compensation; and election for training and apprenticeship; and
•
(8) Executive Order 12898 on environmental justice.
(k) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, unless Section 3
requirements are formally waived in writing by the Department. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to lower-income persons residing within the unit of local government
in which the project is located; and that contracts for work in connection with the project be awarded to eligible business
concerns which are located in, or owned in substantial part by, persons residing within the unit of local government.
(I) It will:
(1) Comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, as required under 24 C.F.R. Section 570.488 and Federal implementing regulations at 49 C.F.R. Part
24; the requirements in 24 C.F.R. Section 570.488 governing the residential antidisplacement and relocation
assistance plan under section 104(d) of the Act(including a certification that the Recipient is following such a
plan); the relocation requirements of 24 C.F.R. Section 570.488 governing optional relocation assistance under
section 105(a)(11)of the Act; and HUD Handbook 1378, as revised.
(2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the
regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.488.
22
•
(m) It will:
(1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and HUD implementing regulations at 49 C.F.R. Part 24 and 24 C.F.R.
Section 570.488;
(2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform
Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity
assisted under the Community Development Block Grant program. Such payments and assistance shall be
provided in a fair and consistent and equitable manner that insures that the relocation process does not result in
different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source
of income;
(3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and
sanitary replacement dwellings will be available to all displaced families and individuals and that the range of
choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or
source of income; and
(4) Inform affected persons of the relocation assistance, policies and procedures set forth in the regulations at 49
C.F.R. Part 24 and 24 C.F.R. Section 570.488.
(n) It will establish safeguards to prohibit employees 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 pursuant to s. 112.313 and s.112.3135, Fla.. Stat. and 24 C.F.R. Section 570.489.
(o) It will comply with the Anti-kickback(Copeland)Act of 1934, 18 U.S.C. s. 874 and 40 U.S.C. s. 276a, which
outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction activities.
(p) It will comply with the provisions of the Hatch Act, which limits the political activity of employees.
(q) It will give the State, HUD and the Comptroller General, through any authorized representatives, access to and
the right to examine all records.
(r) It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities
and that it will notify the State of the receipt of any communication from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
(s) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973. Pub. L. 93-234, 87 s. 975, approved December 31, 1973. Section 103(a) required, on and after March 2,
1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes for use in any area, that has been identified by
the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The
phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
23
•
(t) It will require every building or facility (other than a privately owned residential structure) designed, constructed,
or altered with funds provided under this Part to comply with the"Uniform Federal Accessibility Standards," (UFAS)
which is Appendix A to 41 C.F.R. Section 101-19.6 for general type buildings and Appendix A to 24 C.F.R. Part 40 for
residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor.
(u) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of
1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593,
24 C.F.R. Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.)
by:
(1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity;
and
(2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such
properties.
(v) It will comply with:
(1) The National Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and 24 C.F.R. Part 58;
(2) Executive Order 11988, Floodplain Management;
(3) Executive Order 11990, Protection of Wetlands;
(4) The Endangered Species Act of 1973, as amended (16 U.S.C. s. 1531 et seq.);
(5) The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C. s. 661et seq.);
(6) The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. s. 1271 et seq.);
(7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. s. 300f et seq.);
(8) Section 401(f) of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. s. 4831(b) et seq.);
(9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.);
(10) The Federal Water Pollution Control Act of 1972, as amended, (33 U.S.C. s. 1251 et seq.);
(11) The Clean Water Act of 1977 (Public Law 95-217);
(12) The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C.
s. 901 et seq.);
(13) Noise Abatement and Control: Departmental Policy Implementation Responsibilities, and Standards, 24 C.F.R.
Part 51, Subpart B;
(14) Flood Disaster Protection Act of 1973, P.L. 93-234;
(15) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59;
(16) Coastal Zone Management Act of 1972, P.L. 92-583;
(17) Executive Order 11593, "Protection and Enhancement of the Cultural Environment";
(18) Architectural and Construction Standards;
(19) Architectural Barriers Act of 1968, 42 U.S.C. 4151;
(20) Executive Order 11296, relating to evaluation of flood hazards;
(21) Executive Order 11288, relating to the prevention, control and abatement of water pollution;
(22) Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39;
(23) Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882.
24
•
(24) Executive Order 11593 •Protection and Enhancement of Cultural Environment;
(25) Reservoir Salvage Act;
(26) Farmland Protection Policy Act of 1981; and
(27) Coastal Barrier Resources Act of 1982;
(w) It will comply with all parts of Title I of the Housing and Community Development Act of 1974, as amended,
which have not been cited previously as well as with other applicable laws.
(x) It will abide by the provisions of s. 116.111, Fla. Stat., pertaining to nepotism in its performance under this
agreement.
(y) The Recipient will include the provisions outlined in s. 287.055 and 287.058, Fla. Stat., when negotiating
contracts for services.
(z) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and has adopted and is
enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or exit from a facility or
location which is the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of
Public Law 101-140 of the 1990 HUD Appropriations Act.
(aa) It will comply with Section 319 of Public Law 101-121, as provided in the"Governmentwide Guidance for New
Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federal Register, which prohibits
recipients of federal contracts or grants from using appropriated funds for lobbying in connection with a grant or contract,
and requires that each person who requests or receives a federal contract or grant, and their subrecipients, disclose
lobbying undertaken with non-federal funds (See Attachment D).
(bb) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24 C.F.R. Part 12.
(cc) Department Technical Memorandums relating to the CDBG Program.
(dd) HUD Circular Letters appropriate to the Small Cities CDBG Program.
(ee) It will expend a minimum of fifty-one (51) percent of the aggregate of CDBG disaster recovery funds on projects which
serve predominantly low and moderate income persons.
(ff) It will provide to the Department documentation in the form of census tract data or income surveys which reflects
compliance with HUD's requirement that fifty-one (51) percent of the aggregate of CDBG disaster recovery funding be
spent on projects that serve predominantly low and moderate income persons.
25
•
•
Attachment H
PROPERTY MANAGEMENT AND PROCUREMENT
(a) The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36 and relevant state
and local laws applicable to the procurement of supplies, equipment, construction, and services.
(b) The Recipient shall comply with uniform standards governing the utilization of property prescribed in 24 C.F.R.
Part 85 and in 24 C.F.R. Part 570.
•
26
•
•
ATTACHMENT K
SPECIAL CONDITIONS
1) This Agreement shall be executed by the Recipient, and returned to the Department of Community Affairs, (hereinafter
referred to as the Department), at its offices at 2555 Shumard Oak Boulevard, Tallahassee, Florida, within thirty (30) days after
receipt. All time periods in this Agreement refer to calendar days. After receipt by the Department of the signed Agreement, the
Department will execute this Agreement and return an original to the Recipient.
2) The Recipient is authorized to expend funds under this contract for eligible activities identified in Attachment A-Budget
and Scope of Work.
3) The Recipient certifies that all activities contained in the CDBG Opal/DR-1074 Disaster Recovery Program Application
and in Attachment A-Budget and Scope of Work to this Agreement are for expenses and repairs directly related to Hurricane
Opal or DR-1074. The Recipient shall maintain documentation in its CDBG file to support this certification.
4) Only projects on the list of unmet disaster recovery needs submitted by the Recipient to the Department in June, 1996
shall be eligible for funding under this Agreement. The list of unmet disaster recovery needs is Attachment Four(4) of the
Department's November 21, 1996 letter to each eligible local government regarding the CDBG/Opal Disaster Recovery Program.
5) The Recipient, by executing this Agreement, does hereby certify that there will be no program income generated as a
result of this grant. However, should program income be inadvertently generated, it shall be considered program income to the
regular Small Cities CDBG program and returned to the Department within five (5)working days of receipt of said program
income. Program income is defined in accordance with 24 C.F.R. Section 570.489(e), without regard to any excluded amount.
6) The Recipient shall maintain records of its expenditure of funds that will allow accurate and ready comparison between
the expenditures and the contracted budget line items by contracted activity as defined on Attachment A-Budget and Scope of
Work and Work Plans included herein as Attachment L.
7) The Recipient shall conduct any public hearings that may be required relating to future changes to this Agreement and
performance thereunder in a location that is accessible to physically handicapped persons, or make such accommodations as
necessary to provide for active participation of handicapped persons desirous of attending said public hearings.
8) The Recipient shall comply with the local government citizen participation requirements in 24 C.F.R. Section 570.486,
except as waived by the Department.
9) The Recipient shall submit to the Department a completed Form DCA-69 and -70 whenever the Recipient desires to add
delete, or substantially change activities from the Recipient's application to the State. Substantially changed means changes
made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the State.
10) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the Department, but in an:
case, no later than (30) days from the date of execution of this Agreement by the Recipient:
A) Develop, subject to the approval of the Department, detailed Work Plans on forms provided by the Department
for each activity to be funded as described in the Application. The Work Plans shall indicate the proposed dates of
starting and completing each of the various activities of this Agreement, including but not limited to schematic design,
27
bidding and negotiations, and three intermediate dates for completion of portions of the activities (i.e., 33%, 66%, and
100% completion). The Recipient shall include these Work Plans in the signed Agreement. Work Plans shall be
incorporated herein as Attachment L;
B) Submit to the Department the completed Civil Rights Profile Form to facilitate the Department's civil rights
review;
C) Establish a separate non-interest bearing checking account("the CDBG operating account") for the purpose of
this grant. Funds will be dispatched by the Department directly to the CDBG operating account. Three copies with
original signatures of the Signature Authorization Form included shall be returned to the Department. Each individual
who is a signatory on the CDBG operating account must be bonded. This condition is waived if the Recipient elects in
writing to conduct its grant on a one hundred percent reimbursement basis and so certifies to the Department; and
D) Submit to the Department an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F.R. Part 12. The
Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of
changes in situations which would require updates to be prepared. A final Form HUD 2880 shall be provided to the
Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection
of the administrative closeout.
11) Prior to the disbursement of any CDBG funds, except for administrative expenses not to exceed Five Thousand Dollars
($5,000), but in any case, no later than ninety (90) days from the effective date of this Agreement, the Recipient shall comply with
procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant
Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act
Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of
Removal of Environmental Conditions.
12) By executing this Award Agreement and submitting a completed CDBG Hurricane.Opal/DR-1074 Disaster Recovery
application, the Recipient is certifying the following:
A) the activities to be funded thereunder are designed to meet community development needs having a particular
urgency;
B) the activities to be funded thereunder are designed to alleviate existing conditions which pose a serious and
immediate threat to the health and welfare of the community which are of recent origin or which recently became urgent;
C) the Recipient is unable to finance the activity on its own;
D) other Federal, State, or local sources of funds are not available to fund the projects listed in Attachment A-
Budget and Scope of Work to this Agreement;
E) there is a clear and compelling need for the CDBG funds made available under this Agreement for expenses and
repairs related to Hurricane Opal and/or DR-1074; and
F) the Recipient has adequate documentation, as determined by the Department, in its CDBG file supporting the
certifications 12A)-E) of Attachment K to this Agreement.
28
13) Of the CDBG funds made available under this Agreement no amount may be used for activities reimbursable by the
Federal Emergency Management Agency (FEMA), Small Business Administration (SBA), or any other Federal, State or local
source of funds. Reimbursable means projects and/or activities formally approved in writing by the appropriate funding source.
14) The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
15) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of
interest relating to acquisition or disposition of real property; CDBG financial assistance to beneficiaries, businesses, or other
third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section
570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R. Section 85.36.
•
16) Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA), as amended, the Recipient shall document completion of the notice requirements
provided in HUD Handbook 1378. A non-exhaustive list of activities that would trigger this requirement at this stage of the
contract would be proposed temporary relocation of tenants, acquisition of property, acquisition of easements, proposed
demolition of housing units, or displacement.
17) Funds awarded under this Agreement shall be used in compliance with all statutory and regulatory civil rights,
nondiscrimination and fair housing, environmental standards, labor standards, and reporting requirements generally applicable to
the CDBG program, as well as other applicable laws, and Office of Management and Budget and Treasury Circulars.
18) Of the CDBG funds made available under this Agreement, all amounts, except those amounts budgeted for planning and
administrative cost activities or those amounts being carried out under force account, shall be obligated (under contractual
obligation) by September 27, 1998. All amounts under this Agreement must be expended by September 27, 1999.
19) The Recipient may choose to pay CDBG eligible pre-agreement costs with the funds under this Agreement. Eligible pre-
agreement costs are delineated at 24 C.F.R. Section 570.200(h). The Recipient shall attach a list of requested pre-agreement
costs to the CDBG Opal Disaster Recovery Program Application as Attachment D prior to incurring pre-agreement costs. Pre-
agreement activities shall be undertaken in compliance with 24 C.F.R. Section 570 and 24 C.F.R. 58, except as waived by the
Department of Community Affairs or by the U.S. Department of Housing and Urban Development.
20) The maximum amount allowed under this Agreement for grant administration shall not exceed eighteen percent(18%) of
the Recipient's total grant award, including eligible pre-agreement costs.
21) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F. R. Section
570.487(b)(4). Annually shall be defined as an activity for each year or one third thereof from the effective date of the contract to
the date of submission of the administrative closeout.
22) A deed restriction shall be recorded on any real property or facility acquired with CDBG funds. This restriction shall limit
the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient.
Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any
future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in
accordance with 24 C.F.R. Section 570.489(j).
29
23) In the case of buyouts, the deed to the property acquired or accepted by the Recipient shall carry a permanent restriction
providing that the property be maintained in perpetuity for open space, recreational, wetlands management, or other uses
specified in the most recent edition of the FEMA publications HMGP: Guidelines for Acquisition and Relocation projects only.
The deed restriction shall also stipulate that no new structures will be erected on the property, except buildings constructed by
the Recipient that are a necessary appurtenance to the site. Any structures that are placed on the site shall meet NFIP minimum
requirements and any other legal requirements. The deed restriction shall also stipulate that the new titleholder shall obtain the
approval of the Department before conveying ownership to another public entity. The acquired or donated property shall not be
transferred to private citizens or corporations under any circumstances and a deed restriction shall be placed on the land to
prohibit such a transfer. The Recipient shall be responsible for monitoring and enforcing the development restrictions.
24) Where the Recipient desires to conduct activities listed in Attachment A-Budget and Scope of Work of this Agreement
outside of the Recipient jurisdictional boundaries, or, in the case of a County, within an incorporated jurisdiction in the County, the
Recipient shall establish and maintain an interlocal agreement with the entity that governs the area where the activities will take
place prior to the initiation of the activity and retain a copy of the interlocal agreement in its CDBG program file.
25) No payment from the Department shall be for an amount less than $5,000, unless it is a recipient's last draw.
26) Recipients may maintain cash-on-hand in amounts of$5,000 or less for more than five working days to meet daily cash
needs.
27) All requests for advance payments shall be for immediate disbursement needs. The timing and amount of cash
advances shall be as close as feasible to the actual'disbursement by the Recipient not to exceed five working days.
28) Any proposed budget amendment which alters a line item by an amount which would not cumulatively exceed fifty
percent(50%) from the original budget for that line item, and which would not cumulatively exceed fifteen percent(15%)of the
total grant award, shall be submitted in writing to the Department on Form DCA-69 and DCA-70. This requirement applies to
amendments to any portion of the approved budget-CDBG, non-CDBG, or program income. Prior approval by the Department
shall not be necessary for an amendment that meets the conditions of this paragraph.
29) Any proposed budget amendment which would alter a line item by more than fifty percent(50%), or which would
cumulatively exceed fifteen percent(15%)of the total grant award, shall require prior written Department approval and shall be
submitted in writing to the Department on Form DCA-69 and DCA-70.
30) All requests for contract amendments requiring prior written Department approval shall include the following written
documentation for review by the Department:
a. an outline of all changes in budgetary amounts, beneficiaries, scope of work, and time schedules;
b. a detailed narrative description of the proposed changes and their effect upon the approved project;
c. revised work plan for each activity affected by the amendment;
d. revised budget summary, if appropriate, showing the current approved budget and the revised budget for each
activity;
e. if any change in activity location, a legible map which indicates the proposed changes;
30
f. a copy of the public notice for the public hearing at which the amendment was approved;
groposed. signature of approval by the chief elected official or resolution from the local governing body authorizing the
p amendment.
31) The Department shall promptly review all amendment requests. The approval or rejection of the amendment request
shall be noticed to the Recipient within 45 days of the Department's receipt of the.request. If additional information is requested
by the Department to act on the amendment request, the Department shall notify the Recipient within 30 days of receipt of the
additional information on the approval or rejection of the request.
32) The Department shall review each Recipient's performance periodically to determine whether the Recipient has
substantially completed its program as described in the approved application and the grant award agreement in accordance and
compliance with the requirements of Sections 290.0401-.049, F.S., and other applicable State and federal laws and regulations.
Department review of the Recipient's performance shall include site visits as frequently as necessary to evaluate program
accomplishments and management.
33) Recipients shall be required to supply data and make available records as are necessary to complete an accurate
evaluation of contracted activities. Recipients shall respond to any monitoring finding within 35 days of the receipt of the
Department's letter. The Department will grant one 15 day extension to the response period upon written request by the
Recipient.,Failure to respond within the required time period will result in the suspension of funds until the response is received,
unless such suspension is waived by the Department based upon hardship to the Recipient of exigent circumstances.
34) If the Recipient is undertaking the installation of sewage collection lines, the Recipient shall provide to the Department a
copy of an adopted local policy which will require that all households shall connect to a publicly owned or investor owned sewage
system, fully or partially constructed with CDBG funds within 365 days or some lesser period after notification that such a system
is available pursuant to Section 381.00655(1), Fla. Stat. (1995), and that all households shall be son notified. The cost of
connecting structures to sewer lines or providing those lines on private property, except as provided for in this Agreement, shall
not be eligible for funding under this Agreement. Documentation of notification shall be done prior to the submission of the
administrative closeout and failure to provide such notification shall be a basis for the Department's of said administrative
closeout;
,35) If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage
system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special
assessments or impact fees. .
36) The Recipient shall submit to the Department a service area map(s)which reflects all activities, accompanied by
engineering specifications for applicable projects carried out with these disaster recovery funds. The Recipient.shall attach the
service area map(s) to the Work Plans and submit it to the Department as Attachment L to this Agreement. The service area
map(s) shall show the location of all activities the Recipient intends to carry out with these funds. The specifications shall specify
the units and number of applicable materials for the project.
37) The Recipient shall not draw down any disaster recovery funds under this contract until it officially adopts the following
policies which shall apply solely to this CDBG disaster recovery funding:
a. Citizen's Participation Plan that meets the requirements specified in Section 104(a)(3) of Title I of the
Housing and Community Development Act of 1974.
31
•
•
•
b. Citizen's Complaint Policy that requires written answers to written complaints and grievances within 15
working days.
c. local procurement policy that conforms to the following state and federal regulations: 24 C.F.R. Section
85.36 and Section 287.055, Florida Statutes.
d. Section 504 Self Evaluation and Transition Plan that meets the requirements of 24 C.F.R. Section 8.51
and 8.21(c)(4).
38) At least fifty-one percent(51%) of the Recipient's CDBG Opal/DR-1074 disaster recovery funding shall be used for
activities which predominantly benefit persons of low and moderate income, as approved by the Department. This clause does
not affect clause (39) of this Attachment K.
39) For activities that provide direct benefit, the Recipient shall use CDBG funds to assist only those households that are of
low and moderate income as defined by the 1996 HUD Section 8 Income Limits. "Direct benefit" is defined as CDBG assistance
that promotes or enhances individual well-being including but not limited to housing rehabilitation, acquisition, demolition, and
sewer and water hookups.
•
•
•
•
32
f
Attachment L
WORK PLANS
The Work Plans prepared pursuant to the Special Conditions are designated as Attachment L to the Agreement.
33
'9
•
1, GEE &JENSON
O i Engineers•Architects•Planners,Inc.
�. { SINCE 1951
One Harvard Circle
West Palm Beach,FL 33409
• Telephone(561)683-3301
Executive Fax(561)697-3892
February 19, 1998 Fax(561)686-7446
Mr. Allan Oslund
Director of Stormwater Utilities
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469
Re: Master Drainage System
Phase II
Dear Mr. Oslund:
On February 4, 1998, eight (8) bids were received for the above referenced project. (see attached
tabulation).
We have reviewed the bids received and recommend the contract for this project be awarded to
the apparent low bidder, Ric-Man International in the amount of$298,577.25. The Engineer's
estimate is $315,404.50.
All required submissions and bid bond were properly submitted by the low bidder with their bid.
If you have any questions, please call.
ry Vetruly-yo rs,
� JPatrick E. High, P.E.
Project Manager
PEH/bf
Encl. •
98-004
cc: Roy Overman
Harry Benoit
f:\peh\ricmanaward.doc
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