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HomeMy WebLinkAboutDocumentation_Regular_Tab 10H_7/24/1997 Memorandum To: Village Council From: Thomas G. Bradford, Village Manager Date: July 18, 1997 Subject: Community Development Block Grant (CDBG) Hurricane Opal/DR-1074 Disaster Recovery Funding; Award Agreement; Agenda Item As you can see from the attached correspondence from the Department of Community Affairs dated June 20, 1997, addressed to Mayor Schauer, Tequesta has been awarded disaster recovery funds for Federal Fiscal Year 1997 . In order to effectuate the funding, the Award Agreement must be approved and executed by the Village. The Award Agreement binds the Village of Tequesta to the proposed CDBG Project and ensures compliance with all applicable CDBG laws, rules,, and regulations . Original signatures are required on Pages 11 and 18. of all three copies of the Agreement and the Certification Regarding Lobbying. Tequesta has been provided an extension to the thirty-day return requirement. It is recommended that the Village Council adopt the Resolution approving the Award Agreement and authorizing Mayor Schauer to sign the same on behalf of the Village. TGB/krb Attachment council\071897.sam RESOLUTION NO. 30-96/97 A RESOLUTION OF THE VILLAGE. COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD AGREEMENT WITH ASSOCIATED FORMS AND AUTHORIZING THE MAYOR TO SIGN THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Community Development Block Grant Contract No. 98DB-3M-10-60-15-L05 Award Agreement and all associated forms and attachments associated therewith, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who troved its adoption. The notion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 24th day of July, A.D. , 1997 . MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk wp60\res\cdbg-97 I I )' INTER MEMO OF F ICE To: Thomas G. Bradford, Village Manager From: Damian Peduto,Planner Subject: CDBG,DR-1074/Hurricane Opal Funding Date: July 17, 1997 Regarding the CDBG funds associated with the DR 1074/Hurricane Opal Funding source,I have completed all requirements of the Department of Community Affairs(DCA)/Housing and Community Development Division up to this point with coordination of application requirements, various paperwork, communications with associated parties and preparation to receive the funds that have been awarded to the Village of Tequesta, $121,716.67. As you know,Mr. Thomas A. Pierce of DCA had sent the Village of Tequesta a contract of agreement for said funds along with a cover letter(dated June 20,1997)requiring the chief elected official's signature, and more items that will require Village Council's approval. In his letter,Mr. Pierce indicated that the Village would need to return these items within thirty(30) calender days from the date of receipt. I recently obtained a letter from Ms. Susan M. Cook, Community Program Administrator/DCA HCD,granting an extension of said deadline to August 22, 1997. Ms. Cook recognized that the Village required the Council's approval in order for the chief elected official to sign various components of the grant contract, and that the scheduled council meeting on July 24, 1997 would not leave the Village enough time to meet the original thirty-day deadline. This extension should allow you enough time to complete all of the requirements of the contract and have all required items submitted to DCA. At this time,I would like to request that specific items mentioned in Mr. Pierce's letter and in the contractual agreement be placed on the July 24, 1997 meeting agenda of the Village Council and be considered for approval. The following is a list of such items(along with other required items that must accompany this submittal), as outlined in Mr. Pierce's letter and in the contractual agreement: 1. The chief elected official's original signature is required on pages 11 and 18 of the contract"Agreement"form,all three(3)copies; 2. The Village Manager must obtain the Council's permission as the authorized individual to request funds from the DCA and to designate the bank account and financial institution where funds are to be deposited. As indicated in said letter"a separate non-interest. bearing bank account must be maintained for each CDBG project". Since the Village has been awarded funds for one project,there will only need to be one non-interest bearing bank account maintained. Mr. Kascavelis is prepared to work with you, in order to set up wi Thomas G. Bradford, Village Manager Page 2 July 17, 1997 • such an account, after the chief elected official signs the appropriate document forms. Upon a recent meeting with Mr. Kascavelis, it was determined that the council must authorize the signature of the chief elected official before this form could be completed and an account established. The Village Manager must also, according to directions in said letter,be bonded. The"Sworn Statement"form must be completed accordingly, signed and notarized. As mentioned in the letter,"two copies of(this)form with original signatures of the chief elected official and those authorized to request funds must be returned to(DCA)along with the Agreement..."(item#1,listed above). In addition, the Village Manager may want to request,by resolution, authorization to execute the Agreements or to sign amendment requests, reports, or other contractually required documents. This should save time for future dealings and deadlines with DCA regarding this grant; 3. The Activity Work Plan forms that I am currently working on with Mr. Oslund must also be returned with the executed Agreement to DCA(as attachment"L"). These work plan forms(there is one for each activity associated with this project, from administration to finishing construction clean-up)do not require council approval. Mr. Oslund and I will be working diligently on these forms, in order to produce as many of them as possible before my last day of employment with the Village of Tequesta; 4: The"Sworn Statement on Public Entity Crimes"must be completed by each person or entity with whom the Village has contracted/who will be paid with CDBG funds. This item does not require council approval, nor the chief elected official's signature; and 5. Attachment"K"of the contract Agreement requires the following plans, as we have discussed in the past,be adopted by Village Council as they pertain to this grant: 1. Citizen's Participation Plan, 2. Citizen's Complaint Policy, 3. Local Procurement Policy, and 4. Section 504 Self Evaluation and Transition Plan. These policies/plans must be sent to DCA as Attachment"K" of the Agreement. It is also imperative that communications between the Village and DCA be current and consistent throughout the process of this project and grant. There will be various requests from DCA for specific information and other items of the Village and the grant project along the way. I have had much success working closely with Ms. Margaret Peters,Planner for DCA/HCD as a resource of grant information. She may be reached at(904)922-1883, Tallahassee office. If you have any questions regarding this memo, please let me know as soon as possible. Thank you.. c. Scott D. Ladd, Community Development Director,w/attachments .9 . 0°14,ry„4n STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS LAWTONCHILES "Helping Floridians create safe, vibrant, sustainable communities" Governor JAMES F.MURLEY JUN 2 01997 Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Elizabeth Schaur Mayor, Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469-0273 RE: Community Development Block Grant (CDBG) Contract Number 98DB-3M-10-60-15-L05 Hurricane Opal/DR-1074 Disaster Recovery Funding Dear Mayor Schaur: The Department of Community Affairs (the Department) is pleased to inform you that your local government has been awarded Community Development Block Grant (CDBG) Hurricane Opal/DR-1074 disaster recovery funds for Federal Fiscal Year 1997 . The Department will execute the enclosed contract as soon as the Department is able to determine that 51% of the disaster recovery funding for Palm Beach County, City of West Palm Beach, and your jurisdiction will fund projects that benefit predominantly low and moderate income individuals . Additionally, we must receive and review the State Clearinghouse ' s comments prior to executing this contract . Several documents are enclosed which require your FLORIDA KEYS immediate attention before beginning your CDBG project . Area of Critical State Concern These documents, and instructions for completing them, Field Office 2796 Overseas Highway,Suite 212 are described below: Marathon,Florida 33050-2227 GREEN SWAMP Area of Critical State Concern Field Office 155 East Summeriin Bartow,Florida 33830-1641 SOUTH FLORIDA RECOVERY OFFICE 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 P.O.Box 4022 Phone: 904.488.8466/Suncom 278.8466 FAX: 904.921.0781/Suncom 291.0781 8600 NM.36th Street Miami,Florida 33159-3022 Internet address: http://www.state.fl.us/comaff/dca.html • l The Honorable Elizabeth Schaur Page Two 1 . CDBG Award Agreement The Award Agreement (the Agreement) binds your local government to the proposed CDBG project and ensures compliance with all applicable CDBG laws, rules, and regulations . Original signatures are required on pages 11 and 18 of all three copies of the Agreement and the Certification Regarding Lobbying, and all three copies of the Agreement must be returned to the Department within thirty (30) days of receipt . The three copies of the Agreement must be accompanied by the submissions required in Attachment K - Special Conditions . Following signature by the Department, a fully executed copy of the Agreement will be returned to your local government . The Department has adopted a standardized format for all contracts . The new format details the program specific regulations and provisions in Attachment B. Grant specific requirements are contained in the Special Conditions in Attachment K. 2 . Sianature Authorization Form The purpose of this form is to identify individuals in your local government who are authorized to request funds from the Department and to designate the bank account and financial institution where funds are to be deposited. A separate non- interest bearing bank account must be maintained for each CDBG project due to the original funding source. Each of the individuals authorized to sign checks for the distribution of those funds must be bonded. Please type in the non-interest bearing bank account number, bank name, and address, as well as the names and titles of the persons authorized to request funds . Two copies of the form with original signatures of the chief elected official and those authorized to request funds must be returned to the Department with the signed Agreements . If anyone other than the Chief Elected Official will be authorized to execute the Agreements or to sign amendment requests, reports, or other contractually required e The Honorable Elizabeth Schaur Page Three documents, please provide a copy of the resolution ' authorizing said delegation. 3 . Activity Work Plan Forms A separate form must be completed for each activity line item. in the Agreement, including administration, which will be identified as Attachment L of the Agreement . Again, separate forms must be submitted for each activity. Please identify the activities which will take place- and the dollar amounts which will be requested from the Department on a periodic basis . The forms will be incorporated as part of the Agreement by reference, and they must be returned with your executed Agreement to the Department . (See paragraph (10) (A) of Attachment K for a more detailed explanation. ) Please develop your work plans carefully to ensure that all planned activities will be completed in a timely manner. The Department reserves the right to reject any proposed work plans which fail to demonstrate an orderly progression of activities over the term of the Agreement . 4 . Certification Regarding Lobbying Congress recently passed Public Law 101-121 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 . In order to comply with the requirements of Public Law 101-121, a certification is included in the Agreement as Attachment G which must be signed and returned as a part of the Agreement . Language has also been added to the Assurances contained in Attachment I of the Agreement in which the Recipient agrees to comply with Section 319 of Public Law 101-121 . 5 . Sworn Statement on Public Entity Crimes This form must be completed by each person or entity with . whom your local government has already contracted The Honorable Elizabeth Schaur Page Four and who will be paid with CDBG funds . Further, the form must be completed and transmitted to the Department for future contracts as they are executed by your local government . 6 . Special Conditions requirements Attachment K - Special Conditions contains several additional requirements to be documented. This documentation must be returned with the Agreement . Please return all three executed original copies of the Agreement, signature authorization forms, work plans, and the documentation required in the Special Conditions within 30 days of receipt of this letter to: Dr. Susan Cook, Community Program Administrator Bureau of Community Development Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 We look forward to working with you in the administration of your CDBG project and our staff is available to you at any time to assist in your successful grant implementation. If you have any questions or require assistance in completing the required documents, please contact Mrs . Margaret Peters, at (904) 922-1883 . Sincerely, c--75g Thomas A. Pierce, Chief Bureau of Community Development TAP/map Enclosures cc : Mr. Thomas G. Bradford, Village Manager fir. Damian Peduto, Village of Tequesta Planner INSTRUCTIONS FOR COMPLETING ACTIVITY WORK PLANS st Complete an Activity Work Plan for each activity to be fully or partially funded with CDBG funds, including administration and engineering. Work Plans must detail the proposed schedule for completing the activity and all parts thereof. The specific schedule will depend upon the complexity and time frame required by an activity. The Department expects activities to be broken down into reasonable completion points aosj will reject Work Plans that show all activities and expenditures taking place at the end of the contract period. Construction activities must be reflected with reasonable (33%, 66%, 100%) completion points. Work Plans are used to schedule monitoring; therefore, changes in time frames should be communicated to the Department as soon as possible. Work Plans must be completed when the recipient first executes the contact and returned to the Department with the contract and other documents. The Departmentwill not process or execute a contract that does not contain complete and accurate Work Plans for each activity. New Work Plans must be submitted for any amendment that changes the time frame for completion of an activity; extends the contract termination date; modifies the budget for an activity;or changes the number of units or beneficiaries. Amendments will not be processed or approved without accurate and complete Work Plans. Complete work plans as described below: 1. RECIPIENT: Proper name of the unit of local government(including Town of..., City of...,or... County). 2. DATE PREPARED: Date this edition of the Activity Work Plan was prepared. 3. CONTRACT NUMBER Contract number assigned to the grant by the Department 4. ACTIVITY BUDGET: Current budget(or proposed budget if an amendment is changing the budget)for this activity in this service area. 5. ACTIVITY NAME: Specific activity name used on Attachment A of the contract for this activity. 6. ACTIVITY NUMBER: Specific number used on Attachment A of the contract for this activity. 7. ACTIVITY SERVICE NUMBER: If the same activity is undertaken in different service areas, prepare a work plan for each activity by service area. Not applicable for categories with one or no service areas. 8. NUMBER OF PROPOSED BENEFICIARIES: Total number of proposed beneficiaries, low and moderate income beneficiaries, and very low income beneficiaries served by this activity in this service area as specified in the contract. 9. PROPOSED ACTIVITY UNITS: Proposed number of units of accomplishment for this activity (500, 2, etc.)and type of unit(linear feet, parcels, etc.)to be undertaken in this service area. 10. DATE START: Month and year action described in number 12 is to be initiated (not necessarily the date the contract was executed). 11. DATE END: Month and year action described in number 12 is to be completed (not necessarily the termination date of the contract). 12. DESCRIBE PROPOSED ACTION TO BE UNDERTAKEN OR CONDITION TO BE CLEARED BY DATE END: Describe the level of completion of the activity that is to be attained or the action that is to be taken to clear a special condition related to the activity by key dates. (EXAMPLES-Construction: advertise for bids, award construction contracts, construction 33%complete,final inspection,etc. Administration: prepare bid documents, conduct fair housing activity,contract with engineer;etc.) 13. # OF UNITS TO BE COMPLETED BY DATE END: For the activity in number 12, enter number of units pro- posed to be completed by Date End. While some activities reflect partial completion units when partly competed (lineal feet of sidewalk or sewer lines), others have no measurable units until completion (building construction). 14. PROPOSED XS TO BE REQUESTED BY DATE END: Amount of CDBG funds anticipated to be requested at the various stages of activity completion reflected in number 12. 15: ACTIVITY BUDGET TOTAL: Total of all budget segments reflected in number 14. Total must equal the ACTIVITY BUDGET$described in number 4. DEPARTMENT OF COMMUNITY AFFAIRS • SMALL CITIES CDBG PROGRAM ti ACTIVITY WORK PLAN RECIPIENT DATE PREPARED CONTRACT NO. ACTMTY BUDGET$ (for this activity only) Activity Number of Proposed Beneficiarie Proposed Activity Units for this activity only Name Number Service Area I Total LMI VU No.of Units Type of Units Date Start Date End Describe Proposed Action to be Undertaken or Contract Special I Units to be Proposed$$ (month& (month& Condition Clearance Documentation Completed to be year) year) to be Submitted by"Date End" by"Date End" Requested by "Date End" Submit Request for Release of Funds&Environmental Conditions Submit documentation to clear Special Condition Numbers • Submit documentation to clear Special Condition Numbers Submit Administrative Closeout ACTIVITY BUDGET TOTAL $ Revised 4/96 (must equal Activity Budget in the heading of this form) VI V11r1 I YI\I.. VI 1114,11 IVY• Ile.Y f lY 11 Iv!♦lash.. ! v SUBMIT PAYMENT REQUESTS i *Submit three original copies for each contract Recipient: Contract #: Address: Contact Person: Telephone: Request for funds from the State of Florida Small Cities CDBG Program will be presented‘to the Department and will require [ ] one signature [ ] two signatures of individuals as authorized below (check one). Typed name Typed name Signature Signature Typed name Typed name Signature Signature A non-interest bearing account has been established at the financial institution ' insured by the FDIC listed below for deposit for CDBG funds. Name of Institution Account Number Address of Financial Institution I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign requests for funds from the Small Cities Community Development Block Grant. Date Signature Typed Name and Title DCA USE ONLY: Date: Approved: SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. THIS SWORN STATEMENT IS SUBMITTED TO (Print Name of the Public Entity) by (Print Individual's Name and Title) for (Print Name of Entity Submitting Sworn Statement) Whose business is and (if applicable)its Federal Employer Identification Number(FEIN)is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a"public entity crime°as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft, bribery, collusion, racketeering, conspiracy,or material misrepresentation. 3. I understand that"convicted"or"conviction"as defined in Paragraph 287.133(1)(b), Florida Statutes,means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nob contendere. 4. I understand that an"affiliate"as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public crime. The term"affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in.the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly y ! l enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a°person"as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provisions of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term"person' includes those officers, directors, . executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, nor any affiliates of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, or an affiliate of the entity has been charged with an convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement,or one or more of its officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity, or an affiliate of the entity has been charged with an convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of , 19 Personally known OR produced identification Notary Public-State of My commission expires: m (Type of Identification) (Printed typed of stamped commissioned name of notary public) 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 of 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. (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 title, (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 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. (6) 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 take 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 wa 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. 2 (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 be 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 ma, 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 Departmen: 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, and the Recipient fails to cure said material adverse change within thirty (30)days from the time the date written notice is sent by tr e 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 tie Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrent; 3 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. 4 (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: c�.'3Zo.bR . /4a0+ Vines of—raQ3rr- 25a 1• t) `b17- gIVG Sorg3O "f rEZI 'V FLOR.CA•. tog (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. 5 (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. • • • (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 7 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. 8 • • (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 accordance with s. 112.061, 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("INK)]. 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 • • Department paying interest at a rate as established pursuant to Section 55.03(1), Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s)from a state Department may receive assistance by contacting the Vendor Ombudsman at(904)488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. • • 10 • IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: STATE OF FLORIDA BY: DEPARTMENT OF COMMUNITY AFFAIRS Name and Title: By: Date: Name and Title: Thomas A. Pierce, Chief Bureau of Community Development Federal Employer I.D. Date: • • 11 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 12 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 laws 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 within 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 regulaticns having to be repaid to the Department. (5) J 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 13 may,with thirty days(30)written notice to the Recipient, automatically substitute itself for the Recipient in said Participating Party 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; audit or 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 expender 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 the. 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 95 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. 14 (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. • • 15 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 Institutions of High Education, Hospitals, and Other Nonprofit Organizations,"and either OMB Circular No. A-87, "Cost Principles for State and Local Governments,"OMB Circular No. A-21, "Cost Principles for Educational Institutions,"or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) 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. 16 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. 17 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 eniployee 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. RECIPIENT Signature Name and Title (printed) 18 Attachment F • 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 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. I251 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; g. signature of approval by the chief elected official or resolution from the local governing body authorizing the proposed 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 specif 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 • Attachment L WORK PLANS The Work Plans prepared pursuant to the Special Conditions are designated as Attachment L to the Agreement. 33