1995-51
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GENERAL ADMINISTRATION CONTRACT
This General Administration Contract entered into as of
this
I~OC
day of
~)
. 1996~ by and
between Fred Fox Enterprises, Incorporated, hereinafter
referred to as the Administrator(s), and the
Citvof
Clermont hereinafter referred to as the Local Government.
WITNESSETH THIS RECITAL:
WHEREAS, the Local Government has been awarded a
Community Development Block Grant, (#96DB-IE-O6-45-02-HIO)
hereinafter referred to as the "Project", and the Local
Government being desirous of implementing such a Project;
and,
WHEREAS, the Administrator(s) is/are now available,
willing, and qualified to perform professional services in
connection with the Project, to-wit;
To serve the Local Government in the capacity of General
Administrator(s) of the Project to which this contract
applies, and to give .consultation, advice, and direction for
such Project, and
WHEREAS, the Local Government is desirous that the
Administrator(s) perform such services regarding the Project
does now engage Administrator(s) to perform such services
noted above on the DCA CDBG Housing Program to
Administrator(s) agree to perform such services to-wit;
To provide technical assistance in various program
areas, and
To serve the Local Government as its professional
representative and coordinator in various phases of the
Project to which this General Administration Contract
applies, and
To develop and draft a Relocation Policy for the
Project, if required, and
To implement an acceptable rehabilitation program, and
To disseminate information to the general public
regarding the Project, and
To provide adequate administrative plans regarding
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
clearance and demolition of properties involved, and
To coordinate, monitor, and evaluate the Project, and
To establish and maintain bookkeeping and financial
management aspects of the Project.
NOW THEREFORE, the parties hereto agree as follows:
ARTICLE 1
A.
GENERAL ADMINISTRATION
SCOPE OF THE SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following
services for the general administration aspects of this
project;
1.
Coordinate, monitor, and evaluate the direct costs
of the overall program, including, but not limited
to the multiple activities outlined in the
subsections of the contract below.
2.
Develop, plan, implement, and assess the citizen's
participation to all community organizations,
including, but not limited to providing program
information, technical assistance to citizens,
publishing applicable notices, and conducting
applicable hearings.
3.
Extension of all programs involving citizen's
participation to all community organizations,
including, but not limited to providing program
information, technical assistance to community
groups, and dissemination of materials.
4.
Establish and maintain general and related files.
5.
Establish procedures relating to the procurement and
implementation of contractural services all pursuant
to Department of Housing and Urban Development (HUD)
and Department of Community Affairs (DCA)
requirements and regulations.
6.
Review and determine if professional services
contracts are consistent with all OMB Circular A-IO2
ordinances.
7.
Provide technical assistance to the Local Government
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10.
11.
12.
13.
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
in procuring professional service contracts.
8.
Establish and maintain adequate bookkeeping systems.
9.
Monitor the various subsections of the Project in
regard to all HUD and DCA regulations and prepare
all necessary and all requested responses to
inquiries from Local, State, and Federal
governmental units.
Evaluate the various subsections of the Project
according to HUD and DCA regulations and prepare all
final reports to the Departments.
Establish adequate advertising regarding all aspects
of the Project to ensure active citizen
participation, including, but not limited to the
environmental aspects of the project.
Provide both client application intake and rehab
estimation.
This contract is to complete the work as outlined
and is not renewable.
!h
DEMOLITION SERVICES
SCOPE OF THE SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following
services for the demolition subsection of this Project:
Implement the Project according to the
1.
specifications on the application form.
2.
Maintain a public relations program regarding the
demolition aspects of the Project.
3.
Develop and maintain a schedule of services
regarding various aspects of the demolition
subsection of the Project.
4.
Compile a list of anticipated project sites for the
demolition subsection of the Project.
5.
Ascertain eligibility of individual sites for this
aspect of the Project.
6.
Establish and maintain files on the demolition
aspects of the Project, including individual sites.
7.
Compile and develop progress reports and monitoring
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
reports per HUD and DCA regulations and maintain
central files on same.
8.
Implement the demolition aspects of the Project per
the instructions of the Local Government.
9.
Compile and develop files regarding the actual
demolition aspects of the Project.
10.
Develop technical specifications and bid documents
for demolition and clearance.
11.
Inspect the project sites per the demolition and
site specifications.
12.
Represent the Local Government before any Local,
State, or Federal board meeting regarding the
demolition aspects of the Project.
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RELOCATION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following
services for the relocation aspects of the Project and shall
provide the following services for each homeowner as may be
applicable and as required:
1.
Develop and draft a Relocation Policy for the Local
Government's review and approval.
2.
For each relocatee, the Administrator(s) shall:
(A)
Interview each to ascertain household
relocation needs based on income, family unit
size, and housing needs and preferences.
(B)
Develop and prepare necessary forms to document
each of the relocatee's family needs.
(C)
Develop, collate, and maintain individual files
for each relocatee family unit.
3.
Develop and implement relocation referral and
counseling services to disseminate information
regarding the availability of housing, cost of
comparable replacement housing, and possible
replacement housing referrals.
4.
Develop an inspection report according to the
Federal Minimum Property Standard Requirements and
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10.
services:
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
certify to the Local Government that each
replacement housing unit has been evaluated
according to the Federal Minimum Property Standard
Requirements and each replacement unit is safe,
decent, and sanitary for human occupancy.
5.
Develop and maintain an availability file of
appropriate housing and coordinate relocation
counseling services.
6.
Develop and maintain procedures regarding moving and
replacement housing payments.
7.
Assist applicants in completing and filing any
necessary forms relating to moving, replacement, and
8.
housing payments.
Establish and maintain Project files.
9.
Be present at all HUD or DCA monitorings concerning
the relocation program and prepare the Local
Government's response to the HUD or DCA monitoring
letters.
Represent the Local Government before any Local,
state, or Federal board or meeting regarding the
relocation aspects of the Project.
REHABILITATION SERVICES
!h.
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following
program per the application forms.
(A)
Implement an acceptable rehabilitation
1.
Disseminate information to the general public
regarding the program and application procedure of
this Project.
2.
Develop and direct application procedures for
prospective applicants.
3.
Accept and process applications from prospective
applicants.
4.
Verify eligibility of prospective applicants as to
income per requirements of HUD and DCA and within
keeping of the Privacy Act.
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(B)
(C)
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
5.
Verify eligibility of prospective applicants as to
ownership of the property involved in the Project,
per requirements of HUD or DCA and within keeping of
the Privacy Act.
6.
Establish and maintain files on the general
rehabilitation aspects of the project for use by the
Local Government and interested citizens.
7.
Compile and correlate progress reports for the Local
Government and notify the Local Government of the
availability of same.
8.
Compile and correlate progress reports on this
Project per any HUD or DCA requests.
Post-Application Phase
1.
Inspect the prospective housing units in this
Project prior to commencement of the rehabilitation
work.
2.
Organize appropriate work write-up reports on the
prospective rehabilitation housing units in the
Project.
3.
Develop and implement an inspection procedure on the
housing units during the rehabilitation stage of the
project.
4.
Organize and maintain appropriate records regarding
inspections during the rehabilitation stage of the
project.
5.
Inspect each unit and verify contractor's billing on
each unit at the draw stage and completion of the
rehabilitation project.
6.
Establish and maintain required bookkeeping records
relating to all aspects of contractor's billing.
Additional Services
1.
Advise the Local Government as to the progress of
the project and indicate any areas of concern and
assist the Local Government in developing solutions
to any such problems.
2.
Represent the Local Government before any necessary
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
boards or review meetings.
3.
Prepare requested or required monitoring reports for
HUD and/or DCA.
4.
Develop and maintain proper and acceptable
bookkeeping methods and necessary records according
to the standards of HUD and/or DCA.
ARTICLE 1
GENERAL ADMINISTRATION
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LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to the
subsection GENERAL ADMINISTRATION shall be:
1.
To instruct the personnel of the Local Government to
cooperate and assist the Administrator(s) in the
execution of the necessary financial data and
procedures in order to comply with all HUD and/or
DCA requirements.
2.
To provide assistance in implementation of
contractural services necessary to the Project per
the requirements of any and all HUD or DCA
requirements.
3.
To provide an acceptable space for the administrator
and his staff to utilize, on a regular basis, to
carry out the project.
4.
Establish and maintain rapport with individual
citizens and community groups regarding the project.
5.
Assist the Administrator(s) in negotiations
necessary for all subsections of the Project.
6.
Review and implement all contracts necessary to
insure efficient progress of the Project.
!h
LOCAL GOVERNMENT'S RESPONSIBILITY
DEMOLITION SERVICES
The Local Government's responsibility in regard to the
subsection DEMOLITION SERVICES shall be:
1.
To provide assistance in implementation of
contractural services necessary to the Project per
the requirements of any and all Local, State, and
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
Federal requirements.
2.
Establish and maintain rapport with individual
citizens and community groups regarding aspects of
this subsection of the Project.
3.
Assist the Administrator(s) in negotiations of
right-of-entry and release of liability aspects of
this subsection of the Project.
4.
Review and implement all contracts as deemed
necessary by the Local Government to insure
efficient progress of the Project.
5.
Provide any additional information as deemed
necessary by the Local Government to the
Administrator(s) which will help complete the
demolition aspect of the Project and allow for
summary and closure of demolition files.
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RELOCATION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to the
subsection RELOCATION SERVICES shall be:
1.
Provide any additional information as deemed
necessary by the Local Government to the
Administrator(s) which will help complete the
relocation project and allow for the completeness of
relocation files.
2.
Designate a member of the Local Government who will
act as a contact person with the Administrator(s) so
as to facilitate and transmit instructions, receive
information, and generally assist as may be
necessary.
3.
Give prompt notice to the Administrator(s) whenever
the Local Government observes becomes aware of any
defects or problems with the Project.
1h.
REHABILITATION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to the
subsection REHABILITATION SERVICES shall be:
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
1.
To assist the Administrator(s) by placing at its
disposal all available information pertinent to the
sites of the Project including previous reports and
,
any other data relative to design and construction
of the Project.
2.
Attempt to make provisions for Administrator(s) to
enter on public and private lands as required for it
to perform its services under this Project.
3.
To designate a member of the Local Government who
will act as a contact person with the
Administrator(s) so as to facilitate and transmit
instructions, receive information, and generally
assist as may be necessary.
4.
To give prompt notice to Administrator(s) whenever
the Local Government observes or otherwise becomes
aware of any defects or problems with the Project.
ARTICLE J.
PERIOD OF PERFORMANCE
The period of performance under this Project shall begin
upon the signing of this contract and shall be completed upon
final completion of Florida Community Development Block Grant
Small Cities Program Projects as approved by the Florida
Department of Community Affairs.
ARTICLE .4.
COMPENSATION
The Local Government agrees to pay the Administrator(s)
and their associates in the following manner:
Compensation for the Administrator(s) shall be the total
sum of Eighty One Thousand Dollars and No/100 ($81,000.00).
Payments will be made in 24 monthly installments of Three
Thousand Three Hundred Seventy Five Dollars and no cents
($3,375.50).
If the grant contract obligations are met and
the grant closes out prior to the twenty four month ending
date the administrator can be paid the sum remaining in the
contract upon submission of the close out.
Any travel
requested by the Local Government specified in writing as
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
being reimbursable shall be paid at current State rates.
All requests for payment shall be submitted by the
Administrator(s) in detail sufficient for a proper pre-audit
and post-audit review.
ARTICLE ~
CITIZENS PARTICIPATION
It is understood between the parties that both the Local
Government and the Administrator(s) shall encourage
continuous participation in the Project by the citizens of
the area.
It is further understood that both the Local
Government and the Administrator(s) shall be responsible for
adequate advertising of the Project.
It is understood that
funds for such advertising shall be paid from grant funds.
The Administrator(s) shall be responsible for scheduling
and coordinating meetings of the Local Government citizens
Advisory Task Force (C.A.T.F.).
It shall be the
responsibility of the Local Government to furnish a location
for such meetings.
ARTICLE .§.
LOCAL GOVERNMENT CONTACT PERSON
The contact person who will represent the Local
Government in all matters pertaining to the Project shall be
Wayne Saunders, City Manaqer
or his designee.
ARTICLE 1
EXCLUSIVE REPRESENTATION
It is understood between the parties that a
representative of the Local Government and a representative
of the Administrator(s) will represent this Project before
any and all DCA or HUD meetings.
ARTICLE !!
CONFLICT OF INTEREST
The Local Government having being so advised by the
Administrator(s) does hereby recognize that the
Administrator(s) have provided similar area services in the
past to Local Governments and to area governmental bodies and
may be so engaged in a similar Project at this time or in the
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
future and the parties agree that these Projects by the
Administrator(s) do not constitute a conflict of interest
with the Project.
ARTICLE ~
SOCIAL SECURITY
The Grantee is not liable for Social Security
contributions pursuant to Section 481,42 U.s. Code, relative
to the compensation of the Administrator(s) during the period
of this contract.
ARTICLE 1Q
CONTRACT AMENDMENT
The terms and conditions of this contract may be changed
at any time by mutual agreement of the parties hereto.
All
such changes shall be incorporated as written amendments to
this contract.
ARTICLE 11
TERMINATION
1.
Termination (cause and/or Convenience)
(a)
This contract may be terminated in whole or in part
in writing by either party in the event of substantial
failure by the other to fulfill its obligations under
this contract through no fault of the terminating party,
provided that no termination may be effected unless the
other party is given (1) not less than ten (10) calendar
days written notice (delivered by certified mail, return
receipt requested) of intent to terminate and (2) an
opportunity for consultation with the terminating party
prior to termination.'
(b)
This contract may be terminated in whole or in part
in writing by the local government for its convenience,
provided that the other party is afforded the same
notice and consultation opportunity specified in l(a)
above.
(c)
If termination for default is effected by the local
government, an equitable adjustment in the price for
this contract shall be made, but (1) no amount shall be
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
allowed for anticipated profit on unpreformed services
or other work, and (2) any payment due to the contractor
at the time of termination may be adjusted to cover any
additional costs to the local government because of the
contractor's default.,
If termination for convenience is effected by the local
government, the equitable adjustment shall include a
reasonable profit for services or other work performed
for which profit has not already been included in an
invoice.
For any termination, the equitable adjustment shall
provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the
notice of intent to terminate in addition to termination
settlement costs reasonably incurred by the contractor
relating to commitments (e.g., suppliers,
subcontractors) which had become firm prior to receipt
of the notice of intent to terminate.
(d)
Upon receipt of a' termination action under
paragraphs (a) or (b) above, the contractor shall (1)
promptly discontinue all affected work (unless the notice
directs otherwise) and (2) deliver or other wise make
available to the local government all data, drawings,
reports, specifications, summaries and other such
information, as may have been accumulated by the
contractor in performing this contract, whether completed
or in process.
(e)
Upon termination, the local government may take over
the work and award another party a contract to complete
the work described in this contract.
(f)
If, after termination for failure of the contractor
to fulfill contractural obligations, it is determined
that the contractor had not failed to fulfill
contractural obligations, the termination shall be deemed
to have been for the convenience of the local government.
In such event, adjustment of the contract price shall be
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made as provided in paragraph (c) above.
ARTICLE 11
REMEDIES
Unless otherwise provided in this contract, all claims,
counter claims, disputes and other matters in question
between the local government and the contractor, arising out
of or relating to this contract, or the breach of it, will be
decided by the appropriate court in Lake County, Florida.
ARTICLE II
ACCESS TO RECORDS
The local government, the Florida Department of
Community Affairs, the U.s. Department of Housing and Urban
Development, the Comptroller General of the united States,
and any of their duly authorized representatives, shall have
access to any books, documents, papers, and records of the
Administrator which are directly pertinent to this contract
for the purpose of making audit, examination, excerpts, and
transcriptions.
ARTICLE II
RETENTION OF RECORDS
The Administrator shall retain all records relating to
this contract for three years after the local government
makes final payment and all other pending matters are closed.
ARTICLE li
ENVIRONMENTAL COMPLIANCE
If this contract exceeds $100,000, the Administrator
shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act
(42 U.S.C. 1857 (h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and U.S. Environmental
Protection Agency regulations (40 C.F.R. Part 15).
The
Administrator shall include this clause in any subcontracts
over $100,000.
ARTICLE li
ENERGY EFFICIENCY
The Administrator shall comply with mandatory standards
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
and polices relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Public Law 94-
163) .
ARTICLE 11
EQUAL OPPORTUNITY
The Administrator(s) warrant that there shall be no
discrimination against employees, applicants for employment,
those to whom services are rendered, and applicants for such
services under this contract because of race, color, age,
sex, religion, national origin, place of birth, ancestry,
handicap, or familial status.
During the performance of the function described herein,
the Administrator(s) agree to the following conditions
pertaining to the recognition and protection of the civil
rights of employees, applicants for employment, those to whom
services are rendered, and applicants for such services:
1.
The Administrator(s) will comply with the provisions
of Title VI of the civil Rights Act of 1964, P.L.
88-352, as amended, and rules and regulations
published pursuant thereto, all of which are made a
part hereof as i~ fully incorporated herein;
2.
The Administrator(s) will comply with the provisions
of Presidential Executive Order Number 11246 of
September 24, 1965, as amended, Title 3, Code of
Federal Regulations, Chapter 4, which is made a part
hereof as if
fully incorporated herein, the
provisions of Section 204 of which executive order
must be set forth verbatim, to wit:
During the performance of this contract, the
Administrator(s) agree as follows:
1.
The Administrator(s) will not discriminate
against any employee or applicant for employment
because of race, color, age, sex, religion,
national origin, place of birth, ancestry,
handicap, or familial status.
Such action shall
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include, but not limited to the following:
employment, upgrading, demotion, transfer,
recruitment, termination, rates of payor other
forms of compensation, and selection for
training, including apprenticeship.
The
Administrator(s) agree to post in conspicuous
place, available to employees and applicants for
employment, notice to be provided by the
contracting officer setting for the provisions of
the non-discrimination clause.
2.
The Administrator(s) will, in all solicitation
or advertisement for employees placed by or on
behalf of the Administrator(s), state that all
qualified applicants will receive consideration
for employment without regard to race, color,
age, sex, religion, national origin, place of
birth, ancestry, handicap, or familial status.
3.
The Administrator(s) will send to each labor union
or representative or workers with which he has a
collective bargaining agreement or other contract or
understanding, a notice, to be provided by the
agency contracting officer advising the labor union
or worker's representative of the Administrator's
commitments under section 204 of Executive Order
Number 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available
to employees and applicants for employment.
4.
The Administrator(s) will comply with all
provisions of Executive Order Number 11246 of
September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
5.
The Administrator(s) will furnish all information
and reports required by Executive Order Number 11246
of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such
rules, regulations, and orders.
6.
In the event of the Administrator(s) non-compliance
with the non-discrimination clauses of this contract
or with such rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended
in whole or in part and the Administrator may be
declared ineligible for further government contracts
in accordance with procedures authorized in
Executive Order Number 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies
invoked as provided in Executive Order Number 11246,
of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise
provided by law.
7.
The Administrator(s) will include the provisions of
paragraphs one (1) through seven (7) in every
subcontract or purchase order unless exempted by
rules, regulations, or orders of the secretary of
Labor issued to section 204 of Executive Order
Number 11246 of September 24, 1965, so that such
provisions will be binding upon subcontractors or
vendors.
The Administrator(s) will take such action with
respect to any subcontract or purchase order as the
contracting agency may direct as a means of
enforcing such provisions including sanctions for
non-compliance; provided however, that in the event
the Administrator(s) become involved in, or is
threatened with, litigation with a subcontractor or
vendor as a result of such direction by the
contracting agency, the Administrator(s) may request
the united States to enter into such litigation to
protect the interest of the United States.
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
8.
The Administrator(s) shall not discriminate in
i
solicitations or advertisements for employees placed
by and on behalf of the Administrator or against any
employee or applicant for employment because of
race, color, age, sex, religion, national origin,
place of birth, ancestry, handicap, or familial
status.
ARTICLE 1!!
HUD/DCA AUDITS
If HUD or DCA finds that any sums received by the
Administrator(s) are unreasonable, then those sums shall be
refunded by the Administrator(s) to grantee as required by 24
C.F.R., section 570.200.
Administrator(s) agree to reimburse
to the Local Government any funds expended for transactions
approved by the Administrator(s) which are disallowed by the
Florida Community Development Agency (F.C.D.A.), due to the
malfeasance, misfeasance, or nonfeasance.
All records will
be made available to the Local Government auditors at their
request as per-audit and post-audit requirements.
ARTICLE li
ADMINISTRATOR'S NOTICE
REGARDING LEGAL FEES AND AUDITS
It is understood between the Local Government's and the
Administrator(s) that the Administrator(s) will not be
responsible for legal or audit costs associated with this
project.
ARTICLE 20
SOURCE OF FUNDING
The sole source of payment for this contract is the
funding received through the CDBG program and/or portion of
any other funding grants leveraged from it.
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GENERAL ADMINISTRATION CONTRACT (CONTINUED)
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals:
LOCAL GOVERNMENT:
/Z/1~~,
Robert poo4, Mayor '-,
City of Clermont
ADMINISTRATOR:
3~ t) ~
Fred D. Fox
Administrator
ATTESTED BY:
Saunders, City Manager
of Clermont
ATTESTED BY:
K~~~
Bookkeeper, FFE, Inc.
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