Agenda 04/08/2008 Item #16D17
Agenda Item No. 16D17
April 8, 2008
Page 1 of 57
Executive Summary
Recommendation that the Board of County Commissioners accept and approve a Federally-Funded
2005 Supplemental Disaster Recovery Sub grant Agreement with the Florida Department of
Community Affairs in the amount of $2,814,698.15, approve an associated budget amendment to
implement the Supplemental Disaster Recovery Initiative programs, and adopt a Resolution
authorizing the Chairman to sign the Agreement and authorizing the County Manager or his designee
to submit required reports or other documents which are solely ministerial in nature.
OBJECTIVE: To provide housing rehabilitation, hurricane preparedness and community improvements in
response to Hurricane Wilma's impact on low-income communities in Collier County through the approval of
a Federally-Funded 2005 Supplemental Disaster Recovery Subgrant Agreement with the Florida Department
of Community Affairs (DCA) in the amount of $2,814,698.15 and approving an associated budget
amendment.
CONSIDERATION: As a result of the impacts of Hurricane Wilma in October of 2005, the United States
Department of Housing and Urban Development, through the DCA, provided Community Development
Block Grant (CDBG) funding for the Hurricane Wilma Disaster Recovery Initiative (DRI). In 2007, Collier
County applied for and received its first Disaster Recovery Initiative Grant in the amount of $2,339,882.00
which is currently being used to assist selected not-for-profit organizations with six speeific projeets. In this
second round of funding, Collier County has been approved for an additional grant of $2,814,698.15.
$84,440.94 of tbis grant is available for administration of this prol,'I'am. The County accepted applications
from 12 organizations requesting DRI funding for housing and public facility improvements and repairs
related to Hurricane Wilma. Tbe applications were reviewed, scored aud ranked by County staff and eight
activities were selected for submittal to DCA in January, 2008. The grant application and proposed activities
were ratified by the Board of County Commissioners on March 11, 2008, in accordance with CMA #5330.
Subsequently, one request for DR! funds was withdrawn and the funds appropriated for the activity were
added to the Collier County Housing and Human Services/DRL Through the acceptance of this supplemental
subgrant, DCA and the County will make DR! funding available for the following projects:
Orl'anization Activitv DR! Funds
I Hope Replace 2 hurricane damaged homes with 2 new $ 300,000.00
"Green Homes"
Immokalee Non-Profit Rehabilitation of hurricane damaged Recreation $ 300,000.00
Housinl' Center
St. Matthew's House Hurricane Hardening proiect $ 60,000.00
Collier County Housing Extension of sewer and watcr generator project $ 75,000.00
Development Corporation
Shelter for Abused Women Purchase and install Hurricane rated windows $ 57,000.00
and Children and doors for new transitional rental homes
Front Porch Hardening of low income apartments, roof, $ 500,000.00
windows and doors.
CC Housing and Human Rehab/replace owner-occupied single family $1,438,257.21
Services/DRI homes with priority to Bayshore & lmmokalee
CRA's
SubTotal $2,730,257.21
Administration $ 84,440.94
Total Grant Fundiru! $2,814,698.15
~ The intent is to utilize the staff hired after the 2007 DR! grant to implement this grant.
Agenda Item No. 16017
April 8, 2008
Page 2 of 57
FISCAL IMPACT: The administration of this grant will be covered exclusively from grant dollars. A
budget amendment is needed to recognize grant funds in the amount of $2,814,698.15.
GROWTH MANAGEMENT IMPACT: Efforts to secure additional housing and community development
grant funds are consistent and support the Housing and Future Land Use Elements of the Collier County
Growth Management Plan by providing housing assistance, infrastructure improvements and other programs
to improve the health, safety and welfare of the very low and low income residents of the community.
LEGAL CONSIDERATIONS: This standard form agreement is required by the Florida Department of
Community Affairs to release to Collier County $2,814,698.15 in Federal funding relating to Hurricane
Wilma. Collier County will serve as a pass-through of approximately $1.3 million of these funds to the six
outside organizations identified above, to be implemented through subrecipient grant agreements which will
be presented to this Board of County Commissioners for its review and approval within 60 days.
Additionally, $84,440.94 of these funds will go directly to Collier County for administration and
$1,438,257.21 to Collier County Housing and Human ServiceslDRI for the ultimate purpose of hiring private
contractors to rehabilitate or replace single-family homes damaged by Hurricane Wilma with preference given
to the Immokalee and Bayshore Gateway Triangle Community Redevelopment Agencies.
RECOMMEl\'DATION: That the Board of County Commissioners approve the attached Resolution, the
Federally-Funded 2005 Supplemental Disaster Recovery Subgrant Agreement with the Florida Department of
Community Affairs, and the associated budget amendment.
Prepared by: Lisa Oien, Grants Support Specialist
Housing and Human Services
Page I of I
Agenda Item No, 16017
April 8, 2008
Page 3 of 57
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16017
Recommendation that the Board of County Commissioners accept and approve a Federally-
Funded 2005 Supplemental Disaster Recovery Subgrant Agreement with the Florida
Department of Community Affairs in the amount of $2,814,698.15, approve an associated
budget amendment to implement the Supplemental Disaster Recovery Initiative programs.
and adopt a Resolution authorizing the Chairman to sign the Agreement and authorizing the
County Manager or his designee to submit required reports or other documents which are
solely ministerial in nature.
Meeting Date:
4/8/2008 90000 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
3/24/2008 8:46 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3/2512008 2:01 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3128/2008 3 :02 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/26/20083:50 PM
file:/ /C:\AgendaTest\ExDort\ 1 04-Aoril%208. %202008\ 16. %20CONSENT%20AGENDA \ 16... 4/2/2008
Agenda item No, 16D17
April 8, 2008
Page 4 01 57
RESOLCTION 08,
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUl'TY, FLORIDA,
APPROVING AN AGREEMENT WITH THE FLGRllJA
DEPARTMENT OF COMMUNITY AFFAIRS FOR
$2,814,698,15 IN COMMUNITY DEVELOPMEl'T BLOCK
GRANT DISASTER RECOVERY INITIATIVE FUNDS
RELATING TO ffiJRRlCANE Wll.MA, AUTHORIZING THE
CHAIRIvtAN TO EXECUTE THE AGREEMENT;
DELEGATING TO THE COUNTY MANAGER OR HIS
DESIGNEE THE ACTHORITY TO SUBMlT REQUIRED
REPORTS OR OTHER CO'lTRACTUALL Y REQUIRED
DOCUMENTS THAT ARE SOLELY MINISTERIAL IN
NATl'RE; A.'iD PROVlDING ..\N EFFECTIVE DATE
\,:\'HEREAS, the United State::; Dcpartmc;,t of Hous;ng and Urban Development (HUD)
lId,S provided CommunIty Development Block ("iranl iCDBG) funding to the Florida Department
of Community Affairs fm HL:.rric:me Wilma Di~;:lster Re_covcry InitiJ[IVe (DRI); and
WHEREAS, pursuant (hereto, Collier Cl1Unty h.:.s applied for a 2005 Round Two Disaster
Recovery Imtiativt'. (irant from t:1e Florida D~pa~lmeTlt (If Comm:.mi!y Affairs (DCA) to fund
hOUSJilg rehabilitatvm, hUrrH.:{lil~ p~cp~rc':':n::ss and (-ommi.l,;it) improvements In !CSrCir1Se to
Hunica:IC Vljlrr:a's impact c:::IU\V-j[ICOrTlC ccm;,ll;mtl:'c, lf1 Cc:lier C"I.lI1ty; Cind
WEEREAS, ~lie DC:\ ha;; ;l\~'ardcd S2,Si4J\9S.1S in CDBG DRl funds :;UhJ(~d lu L!IC
Board of Coun:y CCll11l1ll'.siurlt':-s :lpprova; of tllt J~tJLh:cl F::derally Funded :.:.005 Suppkmel1tal
Di5<lsLer R~co\"':.ry Subbram /\f-n:;::;r;enr.
NOW, THEREFORE, 'JE IT !(ESOLVED BY THE BOARD OF COUNTY
COMMISS10'lcRS OF COLLIER COUNTY, FLORlDA, that
The Board of Cuunty Commissionns hereby approves, and authorizes its
Chairman to execute, the Federally-Funded 2005 Surplem~ntal Disa:;tcr Recovery Sub grant
Agreem::'l1l, a\l:lcbed ~1erctu and iIll:orrC;-:itc:d herem by rct"erence, ;md ;m~hof1zes the Collier
County D~pa~lmci;t of Housing and Hurr.:m Services to t..ammit the contmct to Florida
Department of COTnl11'JDJty Affairs and take :dl necc;,sary a;:tlOns to impiement the CDBG DRl
programs.
2. Tbe County !\-.Llllager or his designee is bo:reby authorized 10 .'illbmlt reports ilnd
other contractl!2lly requir<::'d documents, pro\'idi~lg that slich rep':-orts and ch)CIlln('llls are
ministerial in tl:llun~_
P~ge 1 uf 2
t
Agenda Item No. 16017
April 8, 2008
Page 5 of 57
3. This Resolution ~hall become effective upon adoption by a majority vote of the
Board of County Comrrussioners.
This Resolution adopled after motion, second and majority vote, this _ day of
2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
. Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Appr~ ved us to' n
and \e1il] l fi
,
Jeffrey ,~. KJulZk
Chief Aw!'!stant C) nf)' Attumey
Page 2 ot 2
Agenda Item No. 16D17
April 8, 2008
Page 6 of 57
Agreement Number: 080B-03-09-21-01 ZZ3
CFDA Number: 14.228
Applicable Rule: 9BER07-1, Florida Administrative Code
FEDERALL Y-FUNOEO 2005 SUPPLEMENTAL OISASTER RECOVERY SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Collier County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B, WHEREAS, the Department has received these grant funds from the U, S Department of
Housing and Urban Development, and has the authority to suogrant these funds to the Recipient upon the
terms and conditions hereinafter set forth; and
C, WHEREAS, the Department has authority pursuant to Florida iaw to disburse the funds
under this Agreement
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPEOFWORK
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement,
and the Subgrant Application inciudlng subsequent revisions that are mutually agreed to by both parties,
which are incorporated herein by reference ("the Subgrant Application").
(2) INCORPORATION OF LAWS RULES, REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those Identified in Attachment C.
(3) PERIOD OF AGREEMENT
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Agenda Item No. 16D17
April 8, 2008
Page 7 of 57
This Agreement shall begin upon execution by both parties, and shall end twenty-four
(24) months after the last date signed, unless terminated earlier in accordance with the provisions of
Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS
RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR
APPROVES SUCH EXTENSION.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,
which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to
the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No, A-87, "Cost
Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational
Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2,
(b) The Recipient shall retain sufficient records demonstrating its compliance with
the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from
funds provided under this Agreement, for a period of five (5) years from the date of final closeout of this
Agreement, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Recipient shall ensure that audll working papers are made
available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a
period of five (5) years from the date of final closeout of this Agreement, unless extended in writing by the
Department, with the following exceptions:
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Agenda Item No, 16D17 '1
April 8, 2008
Page 8 of 57
1. If any litigation, claim or audit is started before the expiration of the five'year
period and extends beyond the five'year period, the records will be maintained untii all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expandable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five (5) years after final disposition.
3. Records relating to real property acquisition shall be retained for five (5) years
after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including supporting
documentation of all program costs, In a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work, Attachment A, Attachmenl B, Activity Work Plan(s), the
Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other
applicable laws and regulations,
(d) The Recipient, Its employees or agents, Including ali subcontractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its records at , but
not be limited to, auditors retained by the Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financiai procedures and support documents,
in accordance with generaily accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be avaiiable at all reasonable times ;or 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.
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Agenda Item No. 16D17
April 8. 2008
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(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more
in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised, An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A'133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in Its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the ReCipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted In accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entitles).
(e) Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the
following:
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Agenda Item No. 16017
April 8, 2008
Page 10 of 57
Department of Community Affairs
Office of the inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
IAn electronic copy shall also be submitted to aurllia,oarrlsh@dca.state.fLusj
and
Department of Community Affairs
Smali Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Taliahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the foilowing address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10" Street
Jeffersonvllie, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f), OMB
Circ'Jlar A-133, as revised.
(f) Pursuant to Section .320 If), OMB Circular A'133, as revised, the Recipient shali
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the foliowlng addresses:
Department of Community Affairs
Office of the I nspector General
2555 Shumard Oak Boulevard
Taliahassee, Fiorida 32399-2100
IAn electronic copy shali also be submitted to auriliaparrish@dcastate.fl.lIs1
and
Department of Community Affairs
Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Ig) Any reports, management letter, or other information required to be submitted to
the Department pursuant to this Agreement shali be submitted timeiy in accordance with OMB Circular
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Agenda item No. 16017
April 8, 2008
Page 11 of 57
A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financlai reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (Iocai governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should Indicate the date that
the reporting package was delivered to the Recipient In correspondence accompanying the reporting
package.
(i) In the event the audit shows lhat the entire funds disbursed hereunder, or any
portion thereof, were nol 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.
(j) 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 appiicable provisions noted
above, The audit must be submitted to the Department no later than nine (9) months from the end of the
Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide to the Department reports and information as
identified in Attachment D,
(b) If all required reports and copies, prescribed above, are not sent to the
department or are not completed in a manner "acceptable to the Department", the Department may
withhold further payments until they are completed or may take such other action as set forth in
Paragraph (11) REMEDIES.
"Acceptable to the Department' means that the work product was
completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A
and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed
to by both parties,
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Agenda item No. 16017
April 8, 2008
Page 12 of 57
(c) The Recipient shall provide such additional program updates or information as
may be required by the Department.
(d) The Recipient shall comply with the Environmental Assessment and Request for
Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of
execution of this Agreement.
(e) The Recipient shall proVide such additionai program updates or information as
may be required by the Department.
(f) The Recipient shall comply with the Environmental Assessment and Request for
Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of
execution of this Agreement.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure
that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are
accomplished within the specified time periods, and other performance goals stated in this Agreement are
achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this
Agreement and the Subgrant Application Including subsequent revisions that are mutually agreed to by
both parties.
In addition to reviews of audits conducted in accordance with OMB Circuiar A-133, as revised and
Section 21597, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures
may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a I:mited scope audit of the Recipient is
appropriate, the ReCipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor
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Agenda Item No. 16D17
April 8, 2008
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General. In addition, the Department will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LiASI LiTY
(a) Unless Recipient is a State agency or subdivision, as defined In Section 768.28,
Fla. Stat., the Recipient shall be solely responsible to parties with whom It shall deal in carrying out the
terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement. For purposes of this
agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent
contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768,28, Fla, Stat., agrees to be fuliy responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies, Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(1 0) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipienl shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
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Agenda Item No. 16D 17
April 8, 2008
Page 14 of 57
this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet Its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the Department.
(c) If any reports required by lhis Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Reoipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within
said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or
consecutively:
(a) Terminate thiS Agreement, provided that the Recipient Is given at least thirty (30)
days prior Written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in Paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
(e) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance;
2. issuing a written notice of noncompliance to advise that more serious
measures may be taken if the situation is not corrected;
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Agenda Item No. 16D17
April 8, 2008
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3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities In question; or
4, requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used
for ineligible purposes under the program laws, rules and regulations governing the use of funds under
this program.
(f) Exercise any other rights or remedies which may be otherwise available
under law.
(g) The pursuit of anyone of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for calise upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 11 g, Fie Stat., as amended.
(b) The Department may terminate this Agreement for its convenience or when It
determines, In its sole discretion, that the continuation of the Agreement would not produce beneficial
results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30)
calendar days prior written notice.
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Agenda Item No, 16D17
April 8, 2008
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(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the effective date
of the termination and the procedures for proper closeout of the Agreement.
(d) When this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of
receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not
be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of
set-off until such time as the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to the representative
Identified below at the address set forth below and said notification attached to the onginal of thiS
Agreement
(b) The name and address of the Department contract manager for this Agreement
is:
Jennifer A. Marshall
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 410-0587
Fax (850) 413-9358
Email: jennifer,marshall@dca,state,fLus
(c) The name and address of the Representative of the Recipient responsible for
the administration of this Agreement is:
Marcy Krumbine, Director
3050 North Horseshoe Drive, Suite 110
Naples, Florida 3-110-1
Telephone: (239) 252-8442
Fax: (239) 252-2638
Email: MarcyKrumbine@colliergov.nel
11
Agenda Item No. 16017
April 8, 2008
Page 17 of 57
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of
the subcontract The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. Each
subcontractor's progress in performing Its work under this Agreement shall be documented in the
quarterly report submitted by the Recipient For each subcontract, the Recipient shall provide a written
statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section
288.703, Fla. Stat
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are Incorporated as if set out fully herein.
(b) in the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Activity Work Plan(s)
Attachment C - Program Statutes, Regulations and Program Conditions
12
!'.genda item No, 16D17
April 8, 2008
Page 18 of 57
Attachment D - Reporting Requirements
Attachment F - Wa rranties and Representations
Attachment H - Certification Regarding Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Attachment J - Special Conditions
Attachment K - FloridaPAPERS ID and Password Request Login Form
(17) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed $2,814,698.15 subject to
the availability of funds,
(b) The Recipient agrees to expend funds in accordance with the Budget and
Scope of Work, Attachment A of this Agreement, and the Subgrant Application inciudlng subsequent
revisions that are mutually agreed to by both parties
(c) Ali funds shall be requested electronically through FloridaPAPERS.
The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of
this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of
the Recipient utilizing the intuitive web portal.
(d) Pursuant to 24 C.FR Section 570,489(b), pre-agreement costs reflected in the
Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are
considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compiiance with
all other requirements of this contract
(e) Funds expended for otherwise eligible activities prior to the effective date of
the Agreement, except for those provided for in this Agreement or prior to the effective date of the
enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the
Agreement, is ineligible for funding with Disaster funds.
If the necessary funds are not avaiiable to fund this Agreement as a result of action by
Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of
Management and Budgeting, all obligations on the part of the Department to make any further payment of
13
Agenda Item No. 16D17
April 8, 2008
Page 19 of 57
funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days
of receipt of notice from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399.2100
In accordance with Section 215,34(2), Fla, Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15,00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla, Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1.800-848-3792.
(20) STANDARD CONDITIONS
(a) The vaiidity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such Information, representations, and materials are
incorporated by reference, The lack of accuracy thereof or any material changes shall, at the option of
14
Agenda Item r~o. 16D17
April 8, 2008
Page 20 of 57
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(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 t.eon County. If any provision hereof is In
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Depa'rtment 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, anyone of
whom may be taken as an originaL
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 use, Section 12101 ~), 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 locai government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a pubiic building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
15
Agenda Item No. 16017
April 8, 2008
Page 21 of 57
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(h) With respect to any Recipient which Is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that It and its principals:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federai, state or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federai, state or local) With commission of any offenses enumerated in paragraph
18(h)2. of this certification; and
4, have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default
Where the Recipient is unabie to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE
RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND
CONTRACTOR ELIGIBILITY FORM,"
16
/\genda il8m No. 16017
April 8, 2008
Page 22 of 57
(i) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla, Stat. or the Florida Constitution.
U) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bilis for any travel expenses
Shall be submitted in accordance with Section 112.061, Fla. Stat.
(I) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla, Stat., and made or received by the Recipient
in conjunction with this Agreement.
(m) If the Recipient is aliowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be retumed to the Department or be applied against the
Department's obligation to pay the contract amount
(n) The State of Florida will not intentlonaliy award publiciy-funded contracts to any
contractor who knowingly empioys unauthorized alien workers, constituting a violation of the employment
provisions contained In 8 U.s.C Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department shali consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA Such violation by the Reclpient of the employment provisions
contained in Section 274A(e) of the INA shali be grounds for unilateral canceliation of this Agreement by
the Department.
(0) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla, Stat) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All such meetings shali be publicly
noticed, open to the public, and the minutes of all such meetings shali be public records, available to the
public in accordance with Chapter 119, Fla, Stat
17
Agenda Item No. 16D17
April 8, 2008
Page 23 of 57
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with
this Agreement may be used directly or Indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by Its signature to this Agreement, that to the best of his
or her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering Into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement
2. If any funds other than Federal appropriated funds have been paid or wiii
be paid to any person for Infiuencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of lhis 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 thai all subrecipients shall certify and
disclose accordingly.
This certification Is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U,S, Code, Any person who fails to file
18
Agenda item No. 16017
April 8, 2008
Page 24 of 57
ii
:1
II
I
:1
,.
I
i
II
I'
,I
1
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I
i
,
I
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure,
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or
copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or Invention to the Department for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of thiS Agreement are hereby reserved to the State of Florida. In the
event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall
notify the Department Any and all copyrights accruing under or in connection with lhe performance under
this Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows
or should know, could give rise to a patent or copyright The Reclpient shall retain all rights and
entitlements to any pre,existing intellectual property, which is so disclosed. Failure to disclose will
indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to
all patents and copyrights, which accrue during performance of the Agreement
19
Agenda Item No. 16017
April 8, 2008
Page 25 of 57
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that It possesses the legal authority
to receive the funds to be provided under this Agreement and that, if appiicable, 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.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT:
Collier County
BY:
Name and title: Tom Henning, Chairman
Collier Countv Board of Countv Commissioners
Date:
FID#: 596000558
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: Janice Browninq, Director
Division of Houslnq and Communitv Development
Date:
Approved as to form and legal sufficiency:
6"" Jef rey . latzkow,
Chi':J ssistant County Attorney
20
Agenda Item No, 16D17
Apnl 8, 2008
Page 26 of 57
EXHIBIT 1
Fedcral Resources awarded to the Recipient pursuant to this Agrccmcnt consist of the
following:
Federal Program:
C.S. Department of Housing and Urban Development
CFDA #14.228 $2,814,698.15
Compliancc reqnircments applicable to the fedcral rcsources awarded pursuant to this
Agrecment arc as follows:
Note: lfthe resources awarded to the recipient reprcsent more than one Federal progran1, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
The Recipient will fully perform the obligations in accordance with the Budget and Scope
of Work, Attachments A and B of this Agreement and the Application incorporated
herein by reference.
The Recipient shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachmcnt C.
Note: Scction .400(d) ofOMB Circular A-B3, as revised, and Section 21S,97(S)(a), Florida
Statutes, rcquire that thc information about Fcdcral programs and State projects inclndcd
in Exhibit 1 be providcd to thc Recipicnt.
21
Agenda Ilem No, 16D17
April 8, 2008
Page 27 of 57
Attachment A
Budget and Scope of Work
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Agenda Item No. 16D17
April 8, 2008
Page 36 of 57
Attachment B
Activity Work Plan(s)
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Agenda Item No. 16D17
April 8, 2008
Page 44 of 57
Attachment C
State and Federal Statutes, Regulations and Program Conditions
By signature of this Agreement, the local government hereby certiftes that It will comply with the following
applicable federal and state requirements:
Section I: State and Federal Statutes and Regulations
1.
Community Development Block Grant, Final Rule, 24 35.
C.F.R., Par! 570;
Florida Small and Minority Business Act, s. 288.702.
288.714, F.S.: 36.
Florida Coastal Zone Protection A:::t, s. 161.52-161.58, 37.
~~, 38
local Government Comprehensive Planning and Land 39,
Development Regulation Act, Ch. 163, f,S.;
Title] of the Housing and Community Development Act 40
of 1974. as amended
Treasury Circular 1075 regarding drawdown of C:lBG 41.
funds
Sections 290.0401-290049, F.S.;
Rule Chapter 9B-43, Fla. Admin. Code,: 42
Departmen: of Community Affairs Technical
Memorandums;
HUD Circular Memorandums applicable to the Small 43,
Cities CDBG Program; 44
Single Audit Act of '1984;
National Environmental Policy Act of 1969 and othor ~5.
provisions of law which further the purpose of this Act;
National Historic Preservation Act of 1966 (Pubiic 46.
law89-665)
as amended and Protection of Historic Properties (24 47
C,F.R. Part 800): 48
Preservation of Arcr.aealogical and Historical Data Act 49
of 1966;
Executive Order 11593- Protection and Enhancement 50,
of Cultural Environment;
Reservoir Salvage Act;
Safe Drinking Water Act of 1974, as amended; 51,
Endangered Species Act of 1958, as amended;
Executive Order i2898 - Environmental Justice 52
Executive Order 11988 and 24 C.F.R. Part 55. 53,
Fioodplain Management:
The Federal Water Pollution Control Act of 1972, as
amended (33 U.s.C., s. 1251 el.seq,); 54.
Executive Order 11990 - Protection of Wetiands:
Coastai Zone Management Act of 1968, as amended:
Wild and Scenic Rivers Act of 1968. as amended; 55.
Clean Air Act of 1977; 56.
HUD Environmental Standards (24 C.F.R. Part 58); 57,
Farmland Protec...-tion Policy Act of 1981:
Clean Water Act of 1977; 58.
Davis - Bacon Act; 59.
Contract Work Hours and Safety Standards Act of
1962,40 U,S,C. s. 327 et, seq.; 60
The Wildlife Coordination Act of 1956, as amended;
Tile Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1975 (42 61,
U,S,C., s, 6901 et. seq,);
Noise Abatement and Control: Departmental Policy 62.
implementation, Responsibilities, and Standards. 24
C.F,R. Part 51, Subpart B;
Flood Disaster Protection Act of 1973, P,L. 92-234;
2.
3.
4.
5
6.
7.
8.
9.
10.
11
12
13
14.
15
16
17
18.
19
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32
33.
34.
24
Protection of Historic and Cultural Properties under
HUD Programs, 24 C.F,R. Part 59;
Coastal Zone Management Act of 1972, P.L. 92-583;
Architectural and Construction Standards;
Architectural Barriers Act of 1968, 42 U,S.C, 4151;
Executive Order 11296, relating to evaluation of flood
hazards;
Executive Order 11288, retabng to prevention, control
and abatement of water pollution;
Cost-Effective Energy Conservation Standards, 24
C.F.R.
Part 39;
Section 8 Existing Housing Quality Standards, 24
CFR
Part 882;
Coastal Barrier Resource Act of 1982;
Federal Fair labor Standards Act, 29 U.S,C . s. 201 el.
seq.,
Title Vi of the Civil Rights Act of 1964 - Non.
discrimination;
Title Vii of the Civil Rights Act of 1968 - Non~
d:scrimination in housing;
Age Discrimination Act of 1975;
EXecutive Order 12892- Fair Housing
Section 109 of the Housirg and Community
Development Act of 1974, Non-discrimination;
Section 504 of the Rehabilitation Act of 1973 and 24
C.F.R.
Pari 8;
Executive Order 11063. Equal Opportunity in
Housing;
Executive Order 11246 . Non-discrimination;
Section 3 of the Housing and Urban Deveiopment Act
of 1968, as amended - EmploymenUTraining of lower
Income Residents and local Business Contracting:
Uniform Relocation Assistance and Real Property
Acquisition Poiicies Act of 1970, PL, 100~17, and 49
C.F.R. Part 24;
Copeland Anti-Kickback Act of 1934:
Hatch Act;
Title IV Lead-Based Paint Poisoning Preventlon Act
(42 U.S,C., s, 1251 et seq.);
OMBCirculars A-87, A.122, and A.133, as revised;
Administ~ative Requirements for Grants, 24 C.F.R,
Part 85;
Sec:ion 102 of the Department of Housing and Urban
Deveiopment Reform Act of 1989 and 24 C.F.R. Part
12;
Emergency Rule 9BER06-1, CDBG Disaster Recovery
Funds;
HUD program requirements for disaster recovery
projects as published in Federal Register, Vol. 69,
No. 237 (December 10, 2004) [Docket No. FR-4959 -
N~01].
Agenda Item No. 16D17
April 8, 2008
Page 45 of 57
Section II: Program Conditions - Disaster Recovery Initiative Program
1, Prior to the obligation or disbursement of any funds, except for administrative expenses not to
exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the
effective date of this Agreement, the Recipient shall complete the following:
a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review
Procedures for Title I Community Development Block Grant Programs and 40 C. F.R. Section
1500-1508, National Environmental Policy Act Regulations. When this condition has been
fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of
Environmental Conditions;
b. If special assessments or impact fees are to be charged to each household that is to be
hooked up to the sewage system, document the source of those funds and that they are
dedicated to the project for the purpose of funding said special assessments or impact fees;
c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a
sole source or single proposal procurement action without prior written approval from the
Department Failure to secure the prior written approval shall relieve the Department of any
obligation to fund the said procurement contract. Any previous payments to the Recipient to fund
said contract shall be ineligible and shall be repaid to the Department by the Recipient; and
d, The documentation required in paragraph 3 below for any professional services contract
procured prior to the start date of this agreement
e. Submit to the Department copies of all adopted required policies not provided at the time
of original Application, which the Recipient certified would be adopted. Also, unless submitted
with the Subgrant Application or reviewed at the site visit and determined to be acceptable,
submit an executed copy of the required inter-local andlor subreclpient Agreement if more than
one iocal government IS covered by this contract
f. The procurement of professional administrative and engineering services.
2, For each procured and executed professional services contract for which Disaster funding will be
requested, or within five (5) days of the execution of any yet to be procured professional services for
which Disaster funding will be requested, submit a ~ of the following procurement documents:
a, Public notice of the terms of the request for proposals in a newspaper of regional
circulation, including affidavit of publication:
b. List of entities to whom a notification of the request for proposals was provided by mail or
by fax:
c. List of firms that submitted a proposal (only if short-listing procedure was used):
d. Completed short-listing evaluation / ranking forms, Including any ranking summary
document, and document transmitting the short-listed firms to the commission (only if short-listing
procedure used);
e. Completed final evaluation / ranking forms:
f. Portion of commission minutes dealing with contract award;
25
Agenda Item No. 16D17
April 8, 2008
Page 46 of 57
g. Cost breakout from selected firm used for completion of the cost analysis (if pricing
information was not submitted with proposals);
h. Contract (signed or proposed);
L Truth-in-Negotiatlon certification (If not in the contract) for engineering contracts over
$60,000;
j. If a protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement If only one firm
was considered and the contract exceeds $25,000;
I. If a regional planning councilor local government Is performing the services, submit only
a copy of the contract and cost analysis information; and
m. If professional services procurement will not be undertaken, so advise the Department
3. For any activity that requires construction plans and specifications prepared by an engineer or
architect:
a. Provide to the Department a copy of all engineering specifications and construction
plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a
copy of all bid documents for all services and/or materials to provide those services and/or
matenals for all construction activities when the bids are expected to exceed $25,000, These
submissions are for the limited purpose of identifying the extent of the activities to be
accomplished with Disaster funds under this Agreement, and inclusion of program requirements,
and In no way does it Indicate that the Department has conducted a technical review of, or
approved the plans or other bidding documents:
b. The Recipient shall not publicize any request for bids for construction purposes or
distribute bid packages until the Department has provided to the Recipient, wntten
acceptance of the engineering specifications, construction plans, and bid documents: and
c. In any service area which requires construction plans and specifications prepared by an
engineer or architect, no more than twenty-five percent (25%) of the grant administration
amount allocable to that service area may be requested until the construction plans and
specifications for that service area have been received for review by the Department For
the purpose of this condition, the allocable grant administration amount for each service
area is calculated by first determining each service area's percentage of total project
costs, excluding administrative costs, and then multiplying the service area's percentage
of total project costs by the total administrative budget This calculation results in a
percentage of total administrative costs per service area based on each service areas
percentage of the grants total project costs, excluding administrative costs.
4. For actiVities requiring acquisition of property, the Recipient shall:
a. Should the Recipient be undertaking any activity subject to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster
funds will not be used for the cost of acquisition, the Recipient shall document completion of the
acquisition by submitting all documentation required for a desk monitoring of the acquisition,
including notice to the property owner of his or her rights under URA, invitation to accompany the
appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement
costs, copy of deed, waiver of rights (for donations), as applicable.
26
Agenda Item No. 16D17
April 8, 2008
Page 47 of 57
The documentation shall be submitted within forty-five (45) days of acquiring the property and
prior to advertising for construction bids for any activity that required the acquisition.
b. Should the Recipient be undertaking any activity subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,
and Disaster funds MlLbe used for the cost of acquisition, the Recipient shall document
completion of all pre-acquisition activities by submitting all documentation required for a desk
monitoring of those activities, Including notice to the property owner of their rights under URA,
Invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for
sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The
documentation shall be submitted to the Department for review prior to closing on the property. A
copy of the final statement of settlement costs and a copy of recorded deed, with any required
deed restrictions, shall be submitted within forty-five (45) days of the acquisition.
5. If the project Involves Installation of new sewer lines, or a new sewer treatment
plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the
Recipient shall document notification to appropriate households of the requirement in Section
381.00655(1), Fla. Stat (1995) to hookup to the sewer system within three-hundred and sixty-five (365)
days of its availability. (Note that the notification is to be provided at least one year prior to the
anticipated availability of the system.)
6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for
any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering
fee schedule. The Department will not reimburse or fund engineering activities or costs that are not
eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds.
7. The Recipient, by executing this Agreement, does thereby certify that program income received
and retained by the local government before closeout of the grant will be used to continue grant activities
In compliance with all applicable requirements of 25 C.F.R Section 570,489(e). The amount of program
Income earned and expended must be reported to the Department on a quarterly basis. Quarterly
progress reports are due to be received by the Department no later than fifteen (15) days after the end of
each quarter of the program year and shall continue to be submitted each quarter until submission of the
administrative close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30 and December 31.
8, The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to
24 C.FR 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
g. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds.
This restriction shall limit the use of that real property or facility to the use stated in the Application and
that title shall remain In the name of the Recipient. Such deed shall be made a part of the public records
in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real
property shall be in accordance with 24 C.FR Section 85,31. Any future change of use shall be in
accordance with 24 C.F.R. Section 570,4890).
10. The Recipient shall conduct all public hearings relating to this Agreement and performance
hereunder in a location that Is accessible to physically handicapped persons or make such
accommodations as necessary to provide for active participation of handicapped persons desirous of
attending such public hearings.
11. Ail amendments to the activities contained In the application, including proposed new activities
must be approved by the Department In writing prior to the date of initiation of that activity or the
execution of any contract with any third party relating to such activity. The Department reserves the right
27
Agenda Item No. 16D17
April 8, 2008
Page 48 of 57
to require that deletion of an activity meeting the LMI national objective be replaced with another activity
meeting the LMI national objective.
12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days
of the Recipient's knowledge of changes In situations which would require that updates be prepared, A
final Form HUD 2880 shall be provided to the Department with the request for administrative closeout,
and Its absence or Incompleteness shall be cause for rejection of the administrative closeout and
assessment of any penalties which otherwise would have occurred.
13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the
Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilltatino Historic Buildinos,
14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section
570.489(g). Conflicts of interest reiating to acquisition or disposition of real property; Disaster financial
assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real
or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h) All procurement actions shall
be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 9B-43, Fla Admin. Code.
15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow
accurate and ready comparison between the expenditures and the contracted budget line items by
service area contracted actiVity as defined on Attachment A and on the Activity Work Plan(s).
16. If an activity Is designed by an engineer, architect, or other licensed professional, it shall be
certified upon completion by a licensed professional as meeting the specifications of the design, as may
have been amended by change orders. The date of completion of construction shall be noted as part of
the certification. This certification shall be accomplished prior to submission of an administrative closeout
package, and a copy of the certlfloatlon shall be submitted With the administrative closeout package.
17. Payment for the acquiSition of property, right-of-way, or easement must be approved in writing by
the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any
portion of the cost of the acquisition exceeding Fair Market Value as established In HUD Handbook 1378
shall not be paid With Disaster funds.
18. If, as a result of a site ViSit, the Department Identifies any issues affecting the eligibility for funding
any activity in the application, the local government shall provide information necessary to establish
eligibility for the activity under the Disaster Recovery initiative program requirements or replace the
aotivity with a new activity meeting such requirements, within the provisions of Program Condition
Number 10.
19. Any debris removal on private property approved by the Department as a result of a HUD waiver
will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a
low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not
provided, then the cost of debris removal is not allowed.
20. Following demolition of a structure on private property, the local government shall place a lien
against the real property for the cost of demolition. If the lien is not recorded against the real property,
then the demolition cost Is not an eligible cost under the grant A lien Is not required when the demolition
is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be
maintained in the project files. When the lien is paid, the funds shall be treated as program income in
accordance with CDBG regulations in in 24 CFR 570.
21. For any actiVity performed as an "urgent need," the project files shall document that the activity
meets the requirements of 24 CFR 570483 (d) to qualify under the "urgent need" national objective. For
these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be
established in the context of the 2004 hurricane season damage.
28
Agenda Item No. 16D17
April 8, 2008
Page 49 of 57
22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub-
grant period.
23. If grant funds are used for "slum and blight: the project files shall document that the activity took
place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for
"slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight"
24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final
use or disposition shall be met.
25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon
and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet
Its DBRA tracking and reporting requirements to HUD for these funds:
a, Obtain a wage decision from the Department using its Wage Decision Request form or a
similar document with the same information: and
b. Prior to awarding the construction contract, submit the Bidding Information and
Contractor Eligibility form, or document with the same information, and obtain the Department's
confirmation that the contractor is not excluded from participation in federally funded projects.
26 If any funds are used for housing rehabilitation, the project files shall document that, following
completion of each home, ill! code violations have been corrected and the home meets Section 8
Housing Quality Standards.
27, Within thirty (30) days of execution of any construction contract between the Recipient and a
contractor, all construction contractors shall provide a schedule for completion of work activities under
that construction contract
28. Pursuant to Federal ReglsterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the
Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U,S.C. 5155), no activity may
receive assistance from these funds with respect to any cost that Is reimbursable by FEMA, eligibie for
Small Business Administration assistance or from any other program, insurance or any other sources.
The Recipient's project files shall document how compliance with this prohibition on duplication of
benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit
activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other
means may require repayment of duplication of benefit funds.
29
Agenda Item No. 16D17
April 8, 2008
Page 50 of 57
Attachment 0
Reporting Requirements
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely file these reports constitutes an event of default, as defined In Paragraph (10)
of this Agreement.
1. The Contractuai Obligation and MBE Report must be submitted to the Department by
April 15 and October 15 annually. The form must reflect all contractual activity for the period, If
no activity has taken place during the reporting period, the form must Indicate "no activity".
2. The Request for Funds Form must be submitted electronically through FloridaPAPERS to
the Department by an authorized signatory at a minimum of once per quarter within fifteen (15)
days after the end of the quarter: April 15, July 15, October 15 and January 15. If no activity
has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted
electronically indicating "no funds required".
3. The Projection of Contract Payments Form must be submitted to the Department (4)
times a year: April 15, July 15, October 15 and January 15. In Section I indicate the amount of
funds projected to be drawn down for the applicable reporting period. If no funds will be required,
a zero should be reflected in the aoplicable reporting period. In Seellon Ii, indicate current
approved budget and available balance for each project activity,
4. A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days
after the end of the quarter on the report form provided by the Department: April 15, July 15,
Oelober 15 and January 15.
5. A Section 3 Summary Repol1 (HUD form 60002), as required by 24 CFR Part 135, must
be submitted to the Department annually by July 31. The Department will provide a copy of the
report form to the Recipient.
6. The Administrative Closeout Package must be submitted to the Department forty-five (45)
days after the Agreement termination date.
7. In accordance with OMS Circular A-133, revised, should the Recipient meet the threshold
for submission of a sing Ie or program specific audit, the audit must be conducted in accordance
with OMS Circular A-133 and submitted to the Department no later than nine (9) months from the
end of the Recipient's fiscal year.
30
Agenda Item No. 16D17
April 8, 2008
Page 51 of 57
Attachment F
Warranties and Representations
Financial Manaoement
In addition to complying with all applicable federal regulations, the Recipient's financial management
system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that adequately identify the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets, Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Written procedures for determining the reasonableness, allocability and allowability of costs
In accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(5) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
In addition to complying with all applicable state and federal regulations, all procurement transactions
shall be conducted in a manner to provide, to the maximum extent practical, open and free competition.
The Recipient shall be aiert to conflicts of interest as well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall
be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose
bid or offer Is responsive to the solicitation and is most advantageous to the Recipient, price, quality and
other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall
fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be
rejected when it is in the ReCipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of Its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a confiict would arise when the employee, officer, or agent,
any member of his or 11er immediate family, his or her partner, or an organization which employs or Is
about to employ any of the parties indicated herein, has a financial or other interest In the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
31
Agenda item No. 16D17
P,pril 8, 2008
Page 52 of 57
Business Hours
The Recipient shall be available at all reasonable times for business. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of 800 a.m. to 500 p.m.,
local time, Monday through Friday.
Licensina and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired.
32
Agenda Item No. 16D17
April 8, 2008
Page 53 of 57
,
I
i
j,
I'
,
II
I
Attachment H
CertificationRegarding. .
Debarment; s'usp~nsloriAri'eligib'i1ity ..
AndVoiiiriia' .Eltcllisioil't . ..
Contractor Covered Transactions
(1)
The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2)
Where the Recipient's contractor Is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form,
Contractor's Name and Title
Recipient's Name
Signature
DCA Contract Number
Firm
Street Address
City, State, Zip
Date
NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND
SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM."
33
Agenda Item r,o. 16017
!',pril 8, 2008
Page 54 of 57
Attachment J
Special Conditions
Prior to the expenditure of funds, the Recipient shall:
1. Submit and receive approval of a Housing Assistance Plan not constrained by SHIP
requirements.
2. Submit a copy of executed sub-recipient agreements for all applicable service areas.
34
Attachment K
Agenda Item No. 16D17
April 8, 2008
Page 55 of 57
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Submit an ong!nal Slflnature Authon!y' Form With each contract.
[:~:e:::~~Q~_~~~::~-~~~c~m~~ss[~~e!e-- - -~~_~~-_! -::~:~:~:~l:~_:-Zf~~~_
I Mailing Address (Street or Post Office Box)
._3~9J.I'!.rTl!~rTlErallj:~.~__ ..._._.__.___.__________.____
Ci~, State and Zip Code
~i~~"ci~~~ri~~p~;~~~----------- - - . - - --!-relePhone#-- ----- - -- --------------
! m~J.25_2-6141._ -- --------------.-.----J
Ilfi,~~"'-"c'""~"-- ~i~I:;::'"--=-j
l-iiW~r~~gh~~~~-iflF~~ffr~~ciie?~;~ia~ssmaiiCitiesCDBGPrOg~~~;i~~~[@~~~rg~,i;):~I ] one signature [X ] two .--j
'1 signatures of individuals authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG !
, contracts require that at least one (1) RFFs must be submitted each quarter and should refiect all expenditures Incurred during
1!~~:~~~~p~Clq~._:_:_:--_-I~~jZ~I~~~~-u~-;-~-1
i [ ] Check here ifthe above person will be the I E-mail Address ~ I
1~~!~i~!~~lgrigaF"~Eg~.ue~r,-,,.."."".,.-'-,..,-'- __ _ _1~~~(;~~::_Islgn~~u~~g~_:~~_: - -,-.--.".-."'- ...(
I [X ] Check here If the above person will be the I E-mail Address . ---.--j
I desigQat<:'.d Elo"daPAPERS user._. _ _ _ I _ilsaolen@col~?rgov.,net _.._._..._
iF~;~~~~;kehereThheabovepersonwjilbethe - - --, Ifl~{~~;rss" _ JSlgn:t~~~~c::~_JX;j) .... -.....- '_'m
l.9.~eigQ".t?,LElq,ig~~AE~g?_~e?'......................_____ ......_L~n_aglig(\)lc:qJii~rgqy,n?t
,
,
rI~~t~;;;~:-:::~--:~-_._::.:_-.-:I~a~e!ltl~~~.-[~I~:at~H___-_::_
[X ] Check here if your local government utilizes ElectrontFuhds Transfer (EFT) from the State of Florida.
[X ] Check here if your local government will be working on a reimbursement basis.
rized to sign Requests for
ram using FloridaPAPERS.
Hi
!
r-CDBGpayrrlent;iio!oca(qovernmentsusiiigEFTare-auiomaticaiiydeposftedfntheiocal government'"sgeneral-account:--jfthe
! account is interest bearing, the CDBG funds must be transferred to a non-Interest bearing account Please call the CDBG
1 Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
! website: htto:/lfialr.dbf.state.fi.us/,
!"""'Locatgo"vernments-noi'''rece7Ving-in"'''andnot''work,;ryg~;;n"a'-n;imbu;;emenFbasj5;-m'u-5t"'esta"5Ii'sh"'a-'n'on'~interest-"jJe'a'ring"-a"ccoun't~--~
i Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded,
[.-.-",--.....-..,.......---.....-..."...----.....--,---.-.--".-.,-----,- -... .. -.."..........._........._....._.......,.,."...._.__..,___.",no'''''' . ... . .,....,..........__,_. .' __....._.._..__...__ "'."0"""""_'.'"'"""_
I Name of Financial Institution .<~ ". I Account Number
f-~t~ef~~%r~ii~r-post-office~x;~;:;;.,""",D'\\"~:;~i""~;-I.. tlret~~~e..Number."
i~r~;Y~~~:~~~~f;~~~ad-~~i~:~~~f,-;f,<i~i:,R{~~~LE~L(mL?n:.6;397...._.....
Naples,flqrida3410fj .r;t;@7___':.7~~~:~~,~#-----m.- & leg~;;~ffi~;cncy
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Attachment K
.Agenda Item No. 16D17
April 8, 2008
Page 56 of 57
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
1- -. - -
Recipient
,_ Col!i~c ~oun\)' J3qaid of Coun\)'_ Comm;,;sloners
Mailing Address (Street or Post Office Box)
_ Su1!mlt ap or/@..n..aI.SIg,nat!!re Autho!}tyforp w~th each. cqntract. ......
- -- I
! Contract #
I 08J)B- D~.:09: 21 :Q.1:~Z}____
3301 Tamiami Traii East
I citY, Sti;teand zipCode- .--
i-~~~~~g~;;t~~--p~i~~~--- - jTelephone #
I 1(23~)25?:~.1~1... .........
1-~~~i~f;%:d~n,;o~n9 ~.u.~~.n...S.e_rv.i,~~.._ .. . ...... -I~~l~~i~~~~:rggv,~~~ . ,
i t(9)2?2:?6~9.. . ...-.- . .-..[
lii~~rl~~g~~~~tlf~F~if-f~~~~~~;;ia~?small CitiesCDBG-prJg~i~i;~~~~~~~kg;~~j~I-] one signature-t X ] tWo I
signatures of individuals authorized below. No more than two Individuals can be authorized to use FlorldaPAPERS, CDBG I
I contracts require that at least one (1) RFFs must be submitted each quarter and should refiect all expenditures Incurred during !
I~~;r;;;~:;~",~"w,." - r~~~ r~,::z~jZi
!~~~;g~~{::~O:~:~~:::::::ee;ers:nWilibethe ,:;~~i:~fi Signature M~-?;t~~
lcl.eSi9!1.a~~d_EIor.i.d~I'APERS_user,.... ........ ...... ....._ ..... ... ........... .... . ._... L ...I.isagienlQlcqlliergov.,net . ..... .........................
l;~a~~~~=~... .........__ ........._..... .... . __ . J D:Jic{2t!O~ . JSlgn:Y71Q., ~QJ2r(jJ .. ..1
i [X ] Check here if the above person will be the ' E-mail Address i
I:::::~e:::~:i~:~:::~':~:~:; Elected Officiai, that th::::~:~::~:::y:~:t~;-the individuals authorized to sign Requests for"1
i Funds and to submit RFF's electronically to the Small Cities Community Development ck Grant P gram using FloridaPAPERS. ;
f r
i -Typed Name -- , - i Date I i I SlgMt re I
i-~krn]~~~i~~ere If your' local-government utilizes Ele~ro~l';un~ 1ransfe! (E' ". f~taeofFlorida~1
[X ] Check here if your local government will be working on a reimbursement basis. '
-CDBG--paymentstoiocaTgovernmeni:5 using EFrareautomatlcally deposited in the-Ioeal government'5general account. If the I
account is interest bearing, the CDBG funds must be transferred to a non-Interest bearing account. Please call the CDBG i
Program at 850/922-187B or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's I
I website: htto://flalr,dbf,state,fi.us/, !
r-ZocaigovernrrientsnoiieceivingEFf; and not workil1gon a.ieimbursemenibaSls,.mli5te5tabiiShanon:intere5tbearingaccolint,-I
i Provide account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded, I
}..___.__..___ __.._ . __......_ ...._ .__ . _. .......... . ... .____., ,... __. - ._._ - ... .._..............___ .... .._.. ....-....-.-......1
1~:ri~a~~~~~;I;::'~;,::B~._ =-~~, "," " 11 ~{ C{ c/';;r ".. !~~~:!JiKU~ub~erl
i2r~;v~~~:~~~ ~~:~::ad ~~; ~'? t );'t~~~~, ,Q.i: ilK! (239) 591 :6397
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,
rrn & legal sufficiency
JeffTe A. Kl zkow
Chief ssista County Attorney
Attachment K
Agenda Item No. 16D17
April 8, 2008
Page 57 of 57
Department of Community Affairs
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
-'Recipi"ent"-- ...---------- SubrrJit an oj7gm!,! SJgnE.tJ!'-~ AutholrJ~o~;~;I: ~!,qh cqntra_ct, _ _ _ _
_fo.l!ier_ <;,ol!D!y_Bs>a<:9.of C9.uD1:y COrnn1'~sioner~ __ _ _._.__,.__Q?f)?:[)3~D9:~1-O!:??~_
, Mailing Address (Street or Post Office Box)
.~}Q_!_I"-,,,J9rnLlr~.IL~~.~t._...
City, State and Zip Code
I
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I-~:~~:H~~t~~p~~t~--- ---- --.--ll~~~~~~~~~ . ______:--==~-~. .-:::~:-
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Financial Contact Person Ir~~f~~~~~!------'- I
1~~~f~~~~~_I::I'J.~_sl~9a.!'cJl:I~rn~~_?~ryic:~~_.. _.__ .__......._....... L._t~rr.ic:l.~Qi~I?IQlc:()lil~rggy,net "'___"_ .__._______. ...---,
Requests for Funds (RFFs) from the Florida Small Cities COBG Program require (check one): [ ] one signature [X ] two
I signatures of indivlduais authorized below. No more than two individuals can be authorized to use FloridaPAPERS. CDBG
i contracts require that at least one (1) RFFs must be submitted each quarter and should refiect all expenditures incurred during
!_JilaLr~p-"rtiQg_p~rl()cJ,__. .... ..... ............ ...
I Typed Name
I.J.im Mudd
!' t 'TCheckhereiftheabove-personwijj-beth""
l.cJ.~_sl.9D~t~_..FIClrld~EI\PER:?us~r,._
i Typed Name
i Lisa Oien_
j [X ] Check here if the above person will be the
icJ~_?igQ".ted~FI.orid_aEI\EEF<?"-s_er,........... ................................
I Typed Name J Jl .
L::',Q~I:Ji~~._____/1;;?~_____
I [X ] Check here if the above person will be the
i_cJ~?igfla.t~IiI"I()Iili~r.l\P~R:?~?~r,_..._______..........
I
i I certify, as the recipient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
i ~unds_and t~ SU~:it RF:'S electr~nlCaOy to the Small Cities c~:munity DeVielo~p_ent BI k Grant pr:~~USing FlorldaPAPERS~1
:_~~~~~~;~g u__.. _ _ _... __ I D~e/IJIZflQr j ~,gn r~ . -I
[X ] Check here If your local government utilizes ElectrontFunds Transfer (E 01.1' the Stat ,
I [X ] Check here if your local government will be working on a reimbursement basis, i
,
I ;
'... CDBGpaymentstoiocaigovernmentsus/ngiFTareautomiiticaUydeiiosited inlhe focaigovernments generaiaccounC If the .
I account is interest bearing, the CDBG funds must be transferred to a non-Interest bearing account. Please call the CDBG I
I Program at 850/922-1878 or 487-3644 if you have questions, You can check the status of your deposit at the Comptroller's ,
! . :e~~lt~:_~~~:~lfi~'r.~b~~~t~~fi. USl..___........................ ._......_ ........ .._._. .... ......... ....... .__m___________....1
Local governments not receiving EFT; and not working on a reimbursement basisr must establish a non-interest bearing account. I
Provide account information for the financial Institution (insured by FDIC) below, All signatures on the account must be bonded,
I Date /.- ~
..,:?/.~'1-/12B.
i E-mail Address
.....ls~;_~M~..=J
.r~~~?~~k?-!-~ign-ature}l:~___C;;~ ... ....--..
...-il~):~~~f:rgovr~ignaturZ2. ~ ......-.......-....-,
. __........____...........'],.............. ........_.m_~._.. ..",j;A'd..~.. ........______m
I E-mail Address
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j City, State and Zip Code [l\lI.l>i'i'.I.. .-"", ,:::; \.~u- ,
[Naples{Florida}4108 u' _~;_" ~\ 4.
J3i!- ,n."""'" ,
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APprovell-.. as,t? ~ & legal sufficiency
'. I:.JL.U~-
Jeffrey At kJat~'~
rh;('{ A<:~;<::t~nt \ nlll,hJ Attnrnpv