Resolution 1993-151
APRIL 13, 1993
_. -of.'...
\\
Resolution 93-151
A RESOLUTION OF THE Board of County CClr.lmiss ioncr!'l of COIl fa!;:
~ount:Y APPROVING AND AUTHORIZING THE E>:ECUTIOH OF A PROJECT
MAINTENANCE AGREEI1EHT, WITH THE FLORIDA DEPARTNENT OF
TRANSPORTATION.
WH~AS, p\lrsuant to Section 335.04 :3). Florida Statutes,
~ol1ier County shall enter into a Project l-laintenance Agreement
~ith the Florida Department of Transportation for road maintenance
by the County after construction has J:.een completed by the
Department; and
WHEREAS, the ~oun1;y has heretoforl! negotiated Such an
Agreement ~ith the Florida Department ~f Transportation tor
resurfacinq CR 92 from SR 951 to Biq Marco River a lenqth of 4.900
miltt...
NOW, THEREFORE, BE IT RESOLVED by the Board Of. Count~
~ommiss ioners, Colliec County, Flori'!a' .that:
1. Certain Project 11aintenance Agl~eement tor State jOb
nUmber !)3060-350J., WPI Number ll23688, FAP nUr.1ber ~P-1993 (11, is
hereby approved.
2. :Burt L. Saundecs. as Cha i r~~ of Ibe Board of County
~ommissionel::.li and .D>;T;",to J<' Rro"k _ as Count:l Clerk,
are hereby authorized' t~ execute said Proj eet l1a intenance Agreement
with the Florida Department of Transportat;lon.
PASSES AND DULY ADOPTED, with a qUoru~ present and voting,
this -l.3..-day of April 19.2;L...,.
aoard Z~COuntY Commissione~
Collier Count~, Florida
.By:~?~fl'
Burt L. Saunders, Cha~rman
ATTEST: .'
d~___~~~~
/ WIGHT E. BROCK (Clerk)
i
800K
000 PAGE 140
....,;..;..
APRU 13. 1993
(c) All records shall be sufficient to determine compliance with
the requirements and objectives of this Agreement, the CSBG Progr....., and all
other applicable laws and regulations. The Grantee is responsible for
maintaining and storing all records pertinent to this Agreement in an orderly
fashion in a readily accessible, permanent and secured location.
(d) The Grantee shall allow access to its records at reasonable
times to the Department, its employees and agents, and to the U.S. Department
of Bea1th andBuman Services (B.B.S.), its employees and agents. "Reasonable"
shall be construed according to the cirC\llllstances but ordinarily shall ....an
during normal business hours of 8:00 a... to 5:00 p... on Monday through
Friday. "Agents" shall include, but not be limited to, auditors retained by
the Department or B.B.S.
(9 ) PERPORKAHCI! REPORTS
(al The Grantee shall provide the Department with a monthly
Financial Status Report within twenty-one 1211 calendar days after the end
of each month that this Agreement is in force. These reports shall be
submitted on forms provided by the Department.
(b) The Grantee shall provide the Department with quarterly Progr.....
Activity Reports within twenty-one 1211 calendar days after the end of each
quarter that this Agreement is in force. These reports shall be submitted on
forms provided by the Department.
(C) Reports not received by the date due shall be considered
delinquent, and may be considered by the Department as sufficient cause to
suspend CSBG payments.
(d) Upon reasonable notice, the Grantee shall provide such additional
progr..... reports or information as required by the Department.
(e) The Grant&e shall provide the Department with a Final Grant
Close-out Report describing the services provided, and a summary of all
financial transactions on forms to be provided by the Department. The Final
Grant C10se-out Report is due forty-five 451 days after the termination of
this Agreement.
(10) MONITORING. EVALUATION. AND TECIDlICAL ASSISTANCE
(a) Grantee shall constantly monitor its performance under this
Aqreement to ensure that time schedules are being met, projected progr.....
activities are being accomplished within specified time periods, and other
performance goals are being achieved. This review shall be made for each
progr....., function, or activity set forth in Attachment A.
(b) Training and technical assistance shall be provided by the
Department, within limits of staff time and budget, upon request by the
Grantee and/or upon a determination by the Department of Grantee need.
(c) The Grantee shall allow the Department to carry out monitoring.
evaluation and technical assistance and shall ensure the cooperation of its
employees, and of any Subgrantees with whOGl the Grantee contracts to carry
out CSBG program activities.
(Ill SOBGRANTEES
(a) 'Grantee may delegate to other agencies responsibility for the
performance of activities and service under this Agreement. Such subgrantees
shall be identified in Attachment A.
(b) With the exception of the board structure requirements set
forth in the Assurances in Clause (17) of this Agreement, Subgrantees
undertaking or carrying out CSBG activities under this Agreement shall do
so in conformance with the terms and conditions of this Agreement, Rule
Chapter 98-22, llA. Admin. Code, and all applicable State and Federal laws,
rules, regulations, guidelines, and OKB Standards.
(c) The Grantee shall be responsible for the program and fiscal
performance of its Subgrantees and shall monitor their activities accordingly.
In the event of a Subgrantee's non-cOGlpliance with the program or fiscal
activities under this Agreement, the Grantee agrees to reimburse to the
~DDK 000 PA<;~ 144
4
I
I
I
APRIL 13, 1993
i
1
1
I
,
j
j
l
1
i
f
i
1
i
I
J
!
I
I
I
j
1
I
I
i
I
2. the Grantee notifies the Department in writing prior to
effecting a budget change within the limitations set forth in this Section
and in Rule Chapter 9B-22, li.;!. ~. ~ and
3. budget changes do not result in overexpenditure of the
total approved grant amount or expenditures in excess of the administrative
or secondary administrative expense limits.
(16) CLIENT ELIGIBILITY AND CLIENT RECORDS
(a) The Grantee shall certify each client receiving csse funded
services as income eligible at 125\ or less of the current Office of
Management and Budget Poverty Cuidelines as required by csse law and rule.
In order to certify each client, the Grantee shall be required to maintain
current (less than one year old) source documentation of income eligibility.
In the event that the client cannot provide income documentation, the
Grantee shall require the client to provide a signed certification of
eligibility to attest to the client's verbal deClaration. This
certification must specify the reasons that no current documentation could
be provided by the client.
(b) Grantee will maintain a separate record for each csse client
which includes at least the following data: client name, address, sex, race,
aqe, income amount and method of verification, date client was interviewed,
services perfOrmed for the client and documentation of any denial of client
services.
(C) Grantees are required to have written client appeal procedures
for any client denied services using csse funds.
( 17) ASSllllANCES
(a) Interest of Certain Federal Officials. 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.
(b) Interest of Kembers. Officers. or Emolovees of ReciDient,
Kembers of Local GoverninQ Bodv. or Other Public Officials. No member,
officer, or employee of the Grantee, 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 Grantee shall
incorporate or cause to be incorporated in all such Agreements, a provision
prohibiting such interest pursuant to the purposes of this subsection.
(c) Nepotism. The Grantee agrees to abide by the provision of
s. 112.3135, li.;!. Stat., pertaining to nepotism in their performance under
this Agreement.
(d) Lobbying prohibition in compliance with 31, U.S. Code s. 1352,
the Subgrantee certifies, to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be
paid, by or on behalf of the Subgrantee, to any person for influencing or
attempting to influence an officer or employee of any State or Federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Kember of Congress in connection with the awarding of this Agreement, the
making of this Agreement, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of this
agreement.
(2) If any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Kember of Congress, or an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this Agreement. the Subgrantee shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbflng," in accordance with
its instructions.
800K 000 PAG[ 146
6
APRIL 13, 1993
(e) Rotwithstanding s\wsection (17)(d)(2) above, none of the funds,
aaterial., property, or service. contributed by the Department or the
Subcontractor under this Contract shall be used in the performance of this
Contract for any partisan political activity, or to further the election or
defeat of any candidate for public office, or for the purpose of lobbying the
Florida Legislature or a state agency.
(f) CSBG Assurances. The Grantee hereby assures and certifies as
a condition of receipt of Community Services Block Grant funds, that it and
its Subgrantees will comply with the applicable requirements of Federal and
State laws, rules, regulations, and guidelines. As part of its acceptance and
use of CSBG funds, the Grantee assures and certifies that:
1. The Grantee possesses the legal authority to apply for
the grant, and that the application has been approved by the Grantee's
governing body, including all assurances contained herein.
2. The Grantee will utilize all CSBG funds to provide a range
of services and activities having measurable and potentially major impact on
causes of poverty in the cOCllmUnity where poverty is a particularly acute
prob~em.
3. In the case of a COmmunity Action Agency or non-profit
private organization, the Grantee assures and provides documentation that its
Board of Directors is constituted so that:
a. One-third of the IDelDbers of the Board are elected
officials currently holding office or their representatives, except that if
the number of elected officials reasonably available and willing to serve is
less than one-third of the IDelDbership of the Board, IDelDbership on the Board
of appointive public officials may be counted in meeting such one-third
requirement.
b. At least one-third of the IDelDbers of the Board are
persons chosen in accordance with democratic selection procedures adequate
to assure that they are representatives of the poor in the area served.
c. The remainder of the representatives of the Board are
officials or IDelDbers of business, labor, industry, religious, welfare,
education or other major groups and interests in the community.
4. In the case of a liJDited purpose agency, the Grantee
assures and provides documentation that the Board is composed of at least
one-third representatives of the poor or an advisory committee of at least
a majority of which are democratically selected representatives of the poor.
5. In the case of a migrant and seasonal farmworker
organization, the Grantee assures and provides documentation that the Board
of Directors consists of at least 51\ representatives of migrant and seasonal
farmworkers, and that the organization provided direct services to a target
population of migrant and seasonal farmworkers during federal fiscal years
1983 to the present.
6. The Grantee will provide for coordination among antipoverty
programs in each community and, where appropriate, with emergency energy crisis
intervention programs under Title XXVI of the Low-Income Rome Bnergy Assistance
Act conducted in each community.
7. The Crantee possesses the sound fiscal control. and fund
accounting procedures necessary to adequately safeguard the assets of the
agency, check the accuracy and reliability of accounting data, promote
operating efficiency and maintain compliance with prescribed management
policies of the agency.
8. The Grantee will permit and cooperate with Federal and
State investigations designed to evaluate compliance with the law.
9. The Grantee will give the Department, the Auditor Generalnor any authorized representative, complete access to examine all records,
books, papers or documents related to all fiscal and program operations of the
grant, including those of any Subgrantee.
&OOK 000 PA:;r 147
7
j
1
1
I
I
!
~
:~
I
J