1991-19
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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2 740
CENTERVIEW
DRIVE. TALLAHASSEE,
FLORIDA
3 2 399
LAWTON CHILES
Governor
July 19, 1991
WILLIAM E. SADOWSKI
Secretary
R/'-'C '--q
- '::'.!!f.D JUt ~ Ii .,
The Honorable Robert A. Pool
Mayor, City of Clermont
Post Office Box 219
Clermont, Florida 32711-0219
Re:
Community Development Block Grant Agreement
Contract Number 91DB-99-06-45-02-H09
Dear Mayor Pool:
We are pleased to return your fully executed Community
Development Block Grant (CDBG) Award Agreement with the
Department of Community Affairs. Please retain this agreement in
your official CDBG program files and make it available for public
review.
Pursuant to the agreement, no project costs may be incurred
or obligated beyond an initial administrative cost of $5,000,
until such time as the Environmental Review Process has been
completed and the Department has approved the Removal of
Environmental Conditions and Release of Funds. You may proceed
to incur and obligate administrative costs not to exceed $5,000,
pursuant to the agreement, to cover the environmental review and
other startup costs. You will find enclosed a copy of the
comments received from the Florida state Clearinghouse regarding
your application, which should be considered in preparing your
environmental assessment.
You will also find enclosed a copy of the Department's
technical memorandum on Procurement of Professional Services in
the Administration of the CDBG Program, dated February 27, 1990.
Please read this carefully so as to avoid any problems in
contracting for professional services. This will be monitored by
the Department in the future, and should there be any violation
detected, it could result in a finding of questioned costs under
your grant.
EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT
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The Honorable Robert A. Pool
Page Two
Finally, you should note that your first Quarterly Report
will be due for the period ending September 30, 1991. That
report must be received by the Department no later than October
20, 1991.
We look forward to working with you in the successful
completion of your grant activities. Our staff is available to
provide technical assistance, as required, throughout the
contract period. Should you desire such assistance, or have any
questions, please contact Mr. Thomas Pierce, Housing Assistance
Administrator, at (904) 487-3644 or 922-5434.
Sincerely,
X~~~
Lewis O. Burnside, Jr.
Director, Division of Housing
and Community Development
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Enclosures
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CITY OF CLERMONT
June 19, 1991
Thomas pierce
Housing Assistance Administrator
Department of Community Affaírs
2740 Centerview Drive
Tallahassee, FL 32399-2100
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Dear Mr. Pierce:
Office of the City Manager
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Enclosed are the award agreements and required attachments for the
City of Clermont Community Development Block Grant. .
Sincerely,
Thank you for your assistance with this project.
CITY OF CLERMONT
u
AY E SAUNDERS
Cl Manager
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Enclosures
POBOX 120219 . CLERMONT, FLORIDA 34712-0219 . PHONE 904/394-4081
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GRANT 'JUN 20 .1991
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COMMUNITY DEVELOPMENT BLOCK
SMALL CITIES
AWARD AGREEMENT
CDBG - Hoyslng
THIS AGREEMENT is entered into by and betwetm -the--&E-a.tc g.t --'......,., <~
Florida Department of Community Affairs, with headquarters in
Tallahassee, Florida (hereinafter referred to as the Department),
and Clermont,
(hereinafter referred to as the Recipient).
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
FACTS:
The Department, in the furtherance of its duties under Public Law
93-383, as amended and s. 290.0401 - 290.049, Fla. Stat. as
anended, has determined that the Recipient has applied and
qualifies for a grant under the Florida Small cities community
Development Block Grant (CDBG) Program.
NOW, THEREFORE, the Department and the Recipient do mutually
agree as follows:
( 1)
SCOPE OF WORK.
The Recipient shall perform the obligations in accordance
with the application, incorporated herein by reference, and
Attachment A - Program Budget and Scope of Work, of this
Agreement.
( 2 )
INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES.
(a)
Both the Recipient and the Department shall be
governed by applicable laws, rules and regulations, including but
not limited to: s.290.0401 - 290.049, Fla. Stat. as amended;
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Public Law 93-383, as amended; 24 C.F.R. Part 570; Fla. Admin.
Code Chapter 9B-4~; and OMB Circulars, and 24 C.F.R. Part 85.
(b)
The Recipient shall conduct its program as outlined
in the application for funding under ~he Small Cities CDBG
program ("the Application"), the Activity Work Plans as approved,
in conformance with Attachments A, B, C, and D, and the Standard
Conditions of this Agreement, all of which are attached hereto
and hereby incorporated by reference.
( 3 )
PERIOD OF AGREEMENT.
This Agreement shall begin on the last date signed, and
shall end twenty-four (24) months after signature, unless
terminated earlier in accordance with the provisions of Clause
(14) of this Agreement.
( 4 )
FUNDING.
(a)
The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount
not to exceed $575,000 for the Department's share, subject to the
availability of federal Small Cities CDBG Program funds to
support this amount.
(b)
Payments under this Agreement are subject to 24
C.F.R. Section 85.21; U.S. Treasury Circular l075; and Chapter
215, Fla. Stat. as amended.
The Recipient shall maintain and
operate a financial management system which is in compliance with
standards for fund control and accountability prescribed in U~ S.
Treasury Circular 1075; OMB Circular A-87, "Cost Principles
Applicable to Grants and Contracts with State and Local
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Governments"; and 24 C.F.R. Section 85.20.
(c)
The Recipient must establish accounting procedures
and agrees to ensure that, generally, no more than five days will
elapse between its receipt and its disbursement of funds from the
Department, except that the Recipient may maintain cash-on-hand
in amounts of $5,000 or less for more than fi~e days to meet
daily cash needs.
Escrow accounts are not subject to this
requirement.
(d)
Each request for funds shall be for an a~ount of not
less than $5,000 unless it is the final request for funds and
shall be on a form approved by the Department and shall be
certified by an agent of-the Recipient whQ has been identified as
having signatory power on the signature form received by the
Department.
The Recipient shall immediately notify the
Department in writing of any change in agents.
( 5 )
PROGRA}! AMENDMENTS.
This Agreement shall be modified according to the
procedures outlined in Fla. Admin. Code Rule 9B-43.014(6), as
applicable, and subject to the provisions contained in the
standard Conditions.
(a)
The Recipient will be allowed to amend its Agreement
budget amount by submitting Form 69 to the Department.
The
budget modification will be granted if the Chief Elected Official
certifies there are no changes in the Recipient's contracted
accomplishments or beneficiaries, and the total general
administration budget allocation does not exceed the allowable
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percentage according to Fla. Admin. Code Rule 9B-43.006(4).
(b)
Prior written Departmental approval of amendments
shall be obtained as specified in (d) below when the Recipien~
proposes to add or delete any activity or activities, change the
scope, objectives, time frames or scale of the program, or
individual projects or impact on beneficiaries of previously
approved activities.
(c)
All amendDents requiring prior written Department
approval shall be reviewed by the citizen advisory task force
re~uired in s. 290.046(6), Fla. Stat. as amended, shall involve
at least one public hearing to 'consider comments and views
expressed by citizens on the proposed amendment prior to
sub~itting the amendment to the Department for approval; and
shall have the approval of the local governing body.
Amendments
which are only to extend the termination date of the contract or
extend the time for submission of evidentiary materials to
satisfy any contract conditions do not require that a public
hearing be held or that it be reviewed by a citizen advisory task
force.
(d)
All requests for Agreement amendments requiring prior
written approval of the Department under 5. (b) above shall
include the following written documentation as criteria to be
considered:
1.
A request for amendment shall outline all changes in
budgetary amounts, beneficiaries, or scope of accomplishments.
2.
Detailed narrative description of the proposed changes
and their effect upon the approved project demonstrating that the
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change in scope of work is economically feasible relative to the
number of beneficiaries and the funds expended;
3 .
Revised work-plan for each activity affected by the
amendment;
4.
Revised budget summary showing the current approved
budget and the revised budget for each activity;
5.
If any change in location, legible map which indicates
the proposed changes;
6.
Copy of the public hearing notice ~hich shall evidence
compliance with Fla. Admin. Code. Rule 9B-43.003(39);
7. . Copy of the minutes of the meeting of the citizens
advisory task force at which the proposed amendment was reviewed;
and
8.
Signature of approval by the chief elected official or
resolution from the local governing body authorizing the proposed
amendment.
(e)
Any proposed amendments that shall reduce the scope
of work or intended beneficiaries by 20 percent or more from the
original Agreement shall not be approved by the Department unless
the Recipient can demonstrate to the satisfaction of the
DepartMent that the need for the proposed reduction occurred due
to circumstances beyond the control of the Recipient.
The
reduction shall be measured. based on a weighted average of the
line items proposed for reduction.
Local governments which
cannot meet the program objectives without such an amendment
shall have the Agreement terminated for cause.
All other
amendments shall be reviewed as specified in Cd) above.
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(f)
Recipients shall be limited to four amendments that
the Recipient initiates over the term of this Agreement.
( g)
All amendments requesting an extension of the
termination date of the Agreement shall be received by the
Department at least 45 days prior to the termination date.
( 6)
PROCUREMENT STANDARDS.
The Recipient shall comply with procurement standards
prescribed in 24 C.F.R. Section 85.36; Fla. Admin. Code Rule 9B-
43.014(1); and relevant state and local laws applicable to the
procurement of supplies, equipment, construction, and services.
( 7 )
PROPERTY MANAGEMENT STANDARDS.
The Recipient shall comply with uniform standards governing
the utilization of property prescribed in 24 C.F.R. Part 85.
( 8 )
AUDIT.
(a)
The Recipient shall provide to the Department three
copies of annual audits conducted in compliance with the Single
Audit Act of 1984, P.L. 98-502.
These audits shall be performed
in accordance with OMB Circular A-128, and the contract number
for this grant award shall be identified within the audit
submitted.
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(b)
An audit which covers any portion of the effective
dates of this award Agreement must be submitted within thirty
days after its completion, but no later than seven months after
the audit period.
(c)
The Recipient shall have all audits completed by an
independent public accountant (IPA).
The IPA shall be either a
certified public accountant or a licensed public accountant.
(d)
If an Agreement is closed out without an audit, the
Department reserves the right to disallow and recover any
disallowed costs identified in an audit completed after such
close-out.
(e)
If the Recipient has not submitted an audit report in
accordance with OMB Circular A-128 within the time frame
specified in paragraph 8(b) of this Agreement, a 15-point score
reduction will be assessed against any subsequent application
received for each failure to timely submit a required audit
report.
If the Recipient has not taken action to resolve an
audit finding within the prescribed time frame or by an
application date, whichever is later, a I5-point score reduction
will be assessed against any subsequent application received for
each outstanding audit finding.
These score reduction penalties
shall continue to be assessed against all eligible CDBG
applications submitted by the Recipient, both individual or
joint, until the Recipient has successfully competed for a CDBG
grant, or has unsuccessfully competed for a CDBG grant whose
application was not within the fundable range.
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(g)
RECORDKEEPING,
(a)
The Recipient, its employees and agents, shall
maintain records and supporting documents as prescribed in 24
C,F.R. section 570.506, "Records to be maintained"; 24 C.F.R.
Section 570.508, "Public access to program records"; and 24
C.F.R. Part 85.
(b)
All original records pertinent to this Agreement
shall be retained by the Recipient for three years following the
date of submission of the final close out report, with the
following exceptions:
1.
If any litigation, claim or audit is started before
the expiration of the three year period and extends beyond the
~hree year period, the records will be maintained until all
litigation, claims or audit findings involving the records have
been resolved.
2.
Records for the disposition of non-expendable personal
property valued at $1,000 or more at the time of acquisition
shall be retained for three years after final disposition.
3.
Records relating to each displaced person or business
shall be retained for three years after final close-out and
resolution of all claims and litigation.
4.
Records relating to real property acquisition shall be
retained for three years after final action or until the period
for retention of relevant displacement records has expired,
whichever is longer.
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(c)
All records, including supporting documentation of
all program costs, shall be sufficient to determine compliance
with the requirements and objectives of the CDBG Small Cities
Program and all other applicable laws and regulations.
(d)
The Recipient, its employees or agents, including all
contractors or consultants to be paid from grant funds, shall
allow access to its records at reasonable times to the
Department, its employees, and agents, and to the U. S.
Department of Housing and Urban Development (WJD), its employees,
and agents.
"Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business
hours of 8:00 a.m. to 5:00 p.m. on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained
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(10)
REPORTS.
(a)
At a minimum, the Recipient shall provide the
Department with quarterly reports, and with a close-out report,
on for~s provided by the Department.
If program income is
produced, a semi-annual program income report shall be provided.
(b)
Quarterly reports are due to be received by the
Department no later that twenty days after the end of each
quarter of the program year and shall continue to be submitted
each quarter until submission of the administrative closeout
report.
The ending dates for each quarter of the program year
are March 30, June 30, September 30 and December 31.
Failure to
have accurate and complete reports received by the Department on
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the date due shall result in the loss of points in future grant
applications and in the suspension of funding pending receipt of
such report or reports as provided in Fla. Admin. Code Rule 9B-
43.014(8).
Information provided in these reports shall be
compared to the Recipient's Activity Work Plan submitted in
accordance with Attachment B of this Agreement and incorporated
by reference.
(c)
The close-out report is due 45 days after termination
of this Agreement or upon completion of the activities contained
in this Agreemen~.
(d)
If the Recipient has not submitted a closeout package
as provided in Fla. Admin. Code Rule 9B-43.006(7) (c), a 15-point
score reduction will be assessed for failure to submit the
required closeout package against any subsequent application
received.
These score reduction penalties shall continue to be
assessed against all eligible CDBG applications submitted by the
Recipient, both individual or joint, until the Recipient has
successfully competed for a CDBG grant, or has unsuccessfully
competed for a CDBG grant whose application was not within the
fundable range.
(e)
Upon reasonable notice, the Recipient shall provide
such additional program updates or information as may be required
by the Department.
(11)
MONITORING, EVALUATION, AND TECHNICAL ASSISTANCE.
(a)
The Recipient shall constantly monitor its
performance under this Agreement to ensure that time schedules
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are being met, projected work units are being accomplished within
specified time periods, and other performance goals are being
achieved.
Such review shall be made for each program, function,
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or activity set forth in the Application, Attachment A to this
Agreement, and the Recipient's Activity Work Plan.
(b)
The Department shall review the Recipient's
performance periodically to determine whether the Recipient has
substantially completed its program as desc~ibed in the approved
Application and this Agreement in accordance and compliance ~ith
the requirements of s. 290.041-290.049, Fla. Stat., as amended,
Fla. Admin. Code Rule 9B-43, and other applicable state and
federal laws and regulations.
Training and technical assistance
shall be provided by the Department, within limits of staff time
and budget, upon written request by the Recipient and/or upon a
deterffiination by the Department of Recipient need.
(c)
The Recipient shall allow the Department to carry out
monitoring, evaluation, and technical assistance and shall assure
the cooperation of its employees, subrecipients and
subcontractors during such activities.
( d)
If the Recipient has not resolved any monitoring
findings within the prescribed time frame or by application
deadline date, whichever is later, has not submitted a monitoring
report response from current or prior CDBG-funded programs or has
an unresolved monitoring finding at closeout, a I5-point score
reduction will be assessed for each report not submitted and for
each unresolved monitoring finding.
If the Recipient fails to
meet the contracted-for number of jobs without an amendment in
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the most recently closed-out Economic Development grant, a 15-
point point score reduction will be assessed.
These score
reduction penalties shall continue to be assessed against all
eligible CDBG applications submitted by the Recipient, both
individual or joint, until the Recipient has successfully
competed for a CDBG grant, or has unsuccessfully competed for a
CDBG grant whose application was not within the fundable range.
(12 )
DELEGA?ES, SUBRECIPIENTS, AND CONTRACTORS.
(a)
The Recipient may delegate to any ether unit or
department of the local government the responsibility to
undertake or carry out specific grant activities.
(b)
The Recipient may, by written agreement, designate
one or more autonomous public agencies, including existing
agencies and other local governments, to undertake or carry out
grant activities for the city or county.
All autonomous public
bodies so designated shall be considered subrecipients.
Such
written agreements shall be executed in accordance with 24 C.F.R.
Section 570.503.
Subrecipients undertaking or carrying out
community development activities shall do so in conformance with
Fla. Admin. Code Rule 9B-43.014 and all applicable state and
federal laws, rules and regulations.
(c)
Delegations, designations and contractual
arrangements as authorized under this section shall in no way
relieve the Recipient of its responsibilities to ensure that the
CDBG Small Cities Program is administered in accordance with all
state and federal requirements.
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(13)
LIABILITY.
The Recipient shall be solely responsible to parties with
whom it shall deal in carrying out the terms of this'Agreement
and shall save the Department harmless against all claims of
whatever nature by third parties arising out of the performance
of work under this Agreement.
( 14 )
SUSPENSION OR TERMINATION.
(a)
The Department reserves the right to suspend payments
to a Recipient when the reports required in section (9) of this
Agreement are delinquent.
(b)
The Department may terminate this Agreement for cause
upon such written notice as is reasonable under the
circumstances.
Cause shall include, but not be limited to,
misuse of funds; fraud; lack of compliance with applicable rules,
laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under
Chapter 119, Fla. Stat. as amended.
( c)
Suspension or termination is an appealable action
under Chapter 120, Fla. Stat, as amended.
Notification of
suspension or termination shall include notice of appeal rights
and time frames.
(d)
The Department reserves the right to exercise
corrective remedial actions including, but not limited to,
requesting additional information from the Recipient to determine
the reasons for, or extent of non-compliance or lack of
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performance; issuing a written warning advising that the
Agreement may be suspended or terminated if the situation is not
remedied; advising the Recip~ent to suspend, discontinue or not
incur costs for activities in question; or requiring the
Recip~ent to reimburse the Department for the amount of costs
incurred for any items determined ineligible or misused.
(e)
The Recipient shall return grant funds to the
DepartMent if found in noncoMpliance with laws, rules,
regula~ions governing the use of CDBG funds pr this Agreement.
(f)
If at any time after the effective date of this
Agreement, the Department determines that an activity to be
funded is not eligible pursuant to 24 C.F.R. Part 570 or any
subsequent federal regulation which supersedes it, the DepartMent
may unilaterally amend this Agreement to delete the ineligible
activity and deobligate any unencumbered funds attributable to
the ineligible activity.
(15)
ASSURANCES.
The Recipient shall comply with the Statement of
Assurances incorporated as Attachment C to this Agreement.
(16)
PROGRA11 INCOME.
(a)
Program income is defined in 24 C.F.R. Section
570.500(a) .
Program income collected by the Recipient which
meets anyone of those definitions must be used in accordance
with the provisions set forth in 24 C.F.R. section 570.208 and 24
C.F.R. section 570.494(b) I as well as satisfying the eligibility
requirements described in section 105(a) of Title I of the
Housing and Community Development Act of 1974, as amended.
Any
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program income collected by the Recipient must be used for Title
I eligible activities in accordance with all Title I
requirements, and the Recipient must submit, for the Department's
approval, the activities that will be undertaken with that
program income.
(b)
In accordance with 24 C.F.R. Sections 570.504 (a) and
570.504(b)
1 and 2, all program income must be used by the
Reclpient prior to requesting funds from this grant award.
However, progra~ income received after closeout of the grant
which resulted in the program income being generated is not
subject to the requirements of paragraph 16 (a) of this Agree~e~t
unless, at the time of ~loseout, the Recipient has received
another CDBG award.
(c)
The Recipient must report any program income from
this grant or from another CDBG grant that is received or
disbursed during the term of this grant in Section II of the
Quarterly Status Report and on the semi-annual Program Income
Report, if that program income is received prior to
administrative closeout.
(d)
After administrative closeout of the grant, the
Recipient ~ust continue to report the expenditure of the progra~
incoDe on the semi-annual Program Income Report until the prograD
income received prior to closeout has been expended on eligible
activities.
Program income received after administrative
closeout should not be included on the semi-annual Program Income
Report unless the Recipient has received another CDBG grant prior
to administrative closeout of the grant evidence by this
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Agreement.
( 17)
SPECIAL CONDITIONS.
(a)
The Recipient shall comply with the special
condltions set forth in Attachment B, attached hereto and
incorporated by this reference.
(b)
Failure of the Recipient to comply with the special
conditions under this Agreement shall be cause for the immediate
suspension of payments or the immediate termination of this
Agreement.
(18)
OTHER PROVISIONS
(a)
Should the Recipient fail to enforce the provisions
of any promissory note, mortgage, security agreement, or other
obligation specified in the Participating Party Agreement, the
Department may, with thirty days (30) written notice to the
Recipient, automatically substitute itself for the Recipient in
said Participating Party Agreement for the purpose of enforcing
said Participating Party Agreement and may, at its discretion,
continue to administer said Participating Party Agreement and
assume control of any program income earned thereafter.
(b)
The validity of this Agreement is subject to the
truth and accuracy of all the information, representations, and
~aterials submitted or provided by the Recipient, or a
Participating Party, in the Application, in any subsequent
submission or response to a 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
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any material changes shall, at the option of the Department and
with thirty (30) days written notice to the Recipient and the
Participating Party, cause the termination of this Agreement and
the release of the Department from all its obligations to the
Recipient or a Participating Party hereunder.
(c)
This Agreement shall be construed under the laws of
the State of Florida, and performance is agreed to be in the
jurisdiction of the Recipient.
If any provision hereof is in
conflict ~ith any applicable statute or rule, or is other~ise
une~forceable, then such provision shall be dee~ed null and void
to the extent of such conflict or unenforceability and shall be
deemed severable but shall not invalidate any other provision of
this Agreement.
(d)
No waiver by the Department of any right or remedy
granted hereunder or failure to insist on strict performance by
the Recipient or any Partlcipating Party hereunder 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
sa~e righ~ or remedy by the Department for any further or
subsequent default by the Recipient or any Participating Party
hereunder.
Anyright of approval granted by the Recipient to the
Departme~t under the terms of this Agreement shall survive the
terms and life of this Agreement as a whole.
THIS AGREEMENT, its attachments, the standard conditions,
and the Application as amended embody the entire Agreement of the
parties.
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this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed
RECIPIENT
City of Clermont
BY:~ ¿J~~
Robert A. Pool
!'layor
Date
4~ 19, /&].,./
ewis o. Burnside, Jr.
Director, Division of Housing
and Community Development
Date
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S1- , ~CJo -2 90
RECIPIENT FEDERAL IDENTIFICATION NUMBER
ATTESTED BY:
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ATTACHMENT A
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
CDBG 0 Housing
SMALL CITIES CDBG PROGRAM
PROGRAM BUDGET AND SCOPE OF WORK
+-----------------------------------------------------------+------------------------------------------------------------+
RECIPIENT: City of Clermont
I CONTRACT NUMBER:
+--------------------------------------------+-----------+--+-------------+------------------------+----------+----------+
I NUMBER 1
DESCRIPTION
CDBG (ACCOMPLISHMENTS 1 BENEFICIARIES I OTHER
BUDGET 1-------+--------+-----------+------------+
AMOUNT I UNIT NUMBER 1 LMI TOTAL I FUNDS
I PROGRAM 1
1 1
I INCOME I
ACTIVITY
+--------+-----------------------------------+
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
I I
1 039-A I
I I
Temporary Relocation
I I I
1$ 26,350.001 Family
I I I
31
71
71
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
1
I 051
I
Bousing Rehabilitation
I 1 I
1$462,400.00IBousingl
I I I
31
71
71
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
I
1 181
1
Administration
I I I
1$ 86,250.001 N/A I N/A
I I I
N/A
N/A
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
. .. . ,..- -'
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
+--------+-----------------------------------+-----------+-------+--------+-----------+------------+----------+----------+
TOTAL CDBG FUNDS AWARDED $ 575.000.00
TOTAL OTHER FUNDS $
TOTAL PROGRAM INCOME $
TOTAL PROJECT COST $ 575.000.00
..
. '.
8
8
+---------------------------------------------------------+--------------------------------------------------------------+
A'l'I'ACHMENT 8
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
MILESTONES, OUTPUTS AND EXPENDITURE ESTIMATES
RECIPIENT: City ot Clermont
CONTRACT NUMBER:
+---------------------------------------------------------+------------------------------------+-------------------------+
ACTIVITY TITLE: Housing Rehabilitation
IACTIVITY NUMBER: 051
¡ACTIVITY UNIT: Housing I
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
, I
1 1
1 QUARTER 1
I I I
1 START I END I ACCOMPLISHMENTS
I DATE 1 DATE BY QUARTER
ACTIVITY MILESTONE
I ANTICIPATED I OTHER I
IACTIVITY COST I FUNDS 1
BY QUARTER BY QUARTER 1
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
1 Q1
I
IEnviroDmsntal Clearance and Release ot Funds
1 I
( 04/91 1 06/911
1 1
0
0
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
I Q2
1
Rehabilitation Program Guidelines Developed
I I I
I 07/91 I 09/911
1 I I
0
0
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
I Q3
1
(Applications Solicited and Accepted
I I (
I 10/91 I 12/911
I 1 1
0
1 I
1 $ 1,000.00 I
1 (
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
I. Q4
I
¡Inspection of Units
Work-Write-up and Cost
¡Approval of Application
I I
I 01/92 I 03/921
I I I
0
1 I
1 $ 1,000.00 I
I I
. . - ,-
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
( Q5
1
Advertise for Bids/Bid Documents
Award Contract/contract Closing
I 1
1 04/92 1 06/921
I 1 1
4
I 1
$ 57,000.00 1
I 1
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
(
I Q6
I
(Rehabilitation Construction
I 1 1
I 07/92 I 09/921
I I I
8
1 (
1 $119,000.00 (
1 1
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
1
1 Q7
I
Rehabilitation Construction
1 1 I
I 10/92 I 12/921
I I I
12
I I
I $180,000.00
I I
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
1 Q8
I
Rehabilitation Construction
1 I I
1 01/93 1 03/931
( 1 I
7
I 1
I $104,400.00 1
I I
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
( Q9
I
(Final Inspection
(Closeout
I 1 1
I 04/93 1 06/931
I 1 (
0
0
0
+-------~-------------------------------------------------+-------+------+---------------------+-------------+-----------~
IQ1 a 04/91 - 06/91 Q5 a 04/92 - 06/92 Q9 . 04/93 - 06/93 1 1 I I
IQ2 a 07/91 - 09/91 Q6 a 07/92 - 09/92 1 1 ( I
IQ3 - 10/91 - 12/91 Q7 a 10/92 - 12/92 I TOTAL 1 31 1 $462,400.00 I 0
IQ4 a 01/92 - 03/92 Q8 a 01/93 - 03/93 I I I I
+-----------------------------------------------------------------+------+---------------------+-------------+-----------+
,
, '.
, ..
8
8
RECIPIENT:
+---------------------------------------------------------+--------------------------------------------------------------+
ATTACHMENT B
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
MILESTONES, OUTPUTS AND EXPENDITURE ESTIMATES
City of Clermont
CONTRACT NUMBER:
+---------------------------------------------------------+------------------------------------+-------------------------+
ACTIVITY TITLE: Temporary Relocation
ACTIVITY NUMBER:
039-A
ACTIVITY UNIT: Families 1
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I 1
I 1
QUARTER I
1
START I END I ACCOMPLISHMENTS
1 DATE I DATE 1 BY QUARTER
ACTIVITY MILESTONE
ANTICIPATED 1 OTHER 1
I ACTIVITY COST 1 PUNDS I
I BY QUARTER 1 BY QUARTER
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
I Q1
I
IEnvironmental Clearance and Release of Funds
1 1 1
1 04/91 06/911
I 1 I
0
0
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
Q2
I I
I 07/91 09/911
1 I I
0
0
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
1
I Q3
I
IApplications Solicited and Accepted
¡Determination of Eligibility
1 1 1
1 10/91 1 12/911
1 I
0
0
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I I I
Q4 - IClaims Processed 1.01/92 1.03/921
¡Rental Assistance/Moving & Storage Payments Made I I I
0
I
I. $
I
1
650.00 I
I
0
+-------+-------------------------------~-----------------+~~-----+------+---------------------+-------------+-----------+
Q5
1 I 1
Claims Processed I 04/92 I 06/921
1 Rental Assistance/Moving & Storage Payments Made I I
4
1 I
1 $ 2,550.00 I
1 I
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
I
1 Q6
I
I I I
IClaims Processed 1 07/92 1 09/921
Rental Assistance/Moving & Storage Payments Made I I
8
I 1
I $ 5,950.00 1
1 1
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
Q7
I 1 I
Claims Processed I 10/92 1 12/921
IRental Assistance/Moving & Storage Payments Made 1 1 1
12
I 1
I $ 9,350.00 1
I 1
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
Q6
1 I 1
IClaims Processed 1 01/93 1 03/931
I Rental Assistance/Moving & Storage Payments Made I 1 1
7
I I
1 $ 7,650.00 I
I 1
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
Q9
Closeout
I 1 1
1 04/93 1 06/931
I I
0
0
0
+-------+-------------------------------------------------+-------+------+---------------------+-------------+-----------+
IQ1 a 04/91 - 06/91 Q5 a 04/92 - 06/92 Q9 a 04/93 - 06/93 1 I I
Q2 c 07/91 - 09/91 Q6 c 07/92 - 09/92 1 1 1 I
IQ3 c 10/91 - 12/91 Q7 a 10/92 - 12/92 1 TOTAL 1 31 I $ 26,350.00 I 0
IQ4 c 01/92 - 03/92 Q8 a 01/93 - 03/93 I I I I
+-----------------------------------------------------------------+------+---------------------+-------------+-----------+
,
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8
8
t---------------------------------------------------------t--------------------------------------------------------------t
ATTACHMENT a
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES C~BG PROGRAM
MILESTONES, OUTPUTS AND EXPENDITURE ESTIMATES
ICONTRACT NUMBER:
1 RECIPIENT: City of Cle~ont
t---------------------------------------------------------t------------------------------------t-------------------------t
IACTIVITY TITLE: Administration
¡ACTIVITY NUMBER:
181
IACTIVITY UNIT:
t-------t-------------------------------------------------t-------t------t---------------------t--------~~~~~+-----------t
1
I
1 QUARTER
1 I I
I START I END I ACCOMPLISHMENTS
I DATE 1 DATE I BY QUARTER
ACTIVITY MILESTONE
1 ANTICIPATED I OTHER I
IACTIVITY COST I FUNDS (
I BY QUARTER 1 BY QUARTER I
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
1 Ql
I
IEnvironmental Clearance and Release of Funds
ISolicit for Hire Consultant
I 1 1
I 04/91 I 06/911
I 1 I
N/A
0
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
I Q2
1
Implement Program
1 I I
1 07/91 I 09/911
I I I
N/A
0
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
I Q3
I
Implement Program
I I I
I 10/91 1 12/911
I I I
N/A
I I
I $ 3,500.00 I
I 1
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
I. Q4
I
IImplement ~~ogram
I I (
1 01/92 -1- 03/921
I I I
N/A
1 I
1 $ 3,500.00 I
I I
0
t-------t------------------------------------------------~t---_:_-t------t---------------~-~---t-------------t-----------t
I
I Q5
I
Implement Program
I I 1
I 04/92 1 06/921
I I I
N/A
I I
I $ 7,000.00 I
I I
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
I Q6
1
Impleœent Program
I I 1
I 07/92 I 09/921
I I I
N/A
I I
I $ 14,000.00 I
I I
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
I Q7
I
IImplement Program
I 1 I
1 10/92 I 12/921
I I
N/A
I I
I $ 28,000.00 I
I I
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
1 Q8
I
Solicit Auditor/Award Contract
I "I 1
1 01/93 ~ 03/931
I 1 I
N/A
I I
I $ 30,250.00 I
I 1
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
I
I Q9
IPerform Audit
¡Submit Audit Report & Closeout
(Acceptance and Closeout by DCA
I 1 I
1 04/93 1 06/931
1 1 I
N/A
0
0
t-------t-------------------------------------------------t-------t------t---------------------t-------------t-----------t
IQl a 04/91 - 06/91
IQ2 ~ 07/91 - 09/91
IQ3 a 10/91 - 12/91
IQ4 a 01/92 - 03/92
Q5 = 04/92 - 06/92
Q6 = 07/92 - 09/92
Q7 a 10/92 - 12/92
Q8 = 01/93 - 03/93
I I
I
I TOTAL I
I I
Q9 = 04/93 - 06/93
N/A
I 1
I 1
( $ 86,250.00 1
I I
0
t-----------------------------------------------------------------t------t---------------------t-------------t-----------t
,
't.,
.
,
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8
ATTACHMENT a
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SMALL CITIES CDBG PROGRAM
QUARTERLY EXPENDITURE GOALS
+------------------------------+------------------------------------------------------------+
RECIPIENT: City of Clermont 1 CONTRACT NUMBER:
+-----+-----+-----+--------+---+-----+----------+----------+----------+----------+----------+
I Q1
I Q2
I Q3 I
Q4 I
Q8
Q9
I TOTAL
Q6
Q5
Q7
+-----+-----+-----+--------+---------+----------+----------+----------+----------+-~--------+
Activity Number: 039-A I 1 I I I 1
Activity Name:Temporary Relocl 850.001 2,550.001 5,950.001 9,350.001 7,650.001 I 26,350.001
Expenditures by Quarter I I 1 I
1 I J 1 I
+-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+
Activity Number: 051
Activity Name:Housinq Rehabil
Expenditures by Quarter
1 1 1 1 1 1
11,00011,000.00157,000.001119,000.001180,000.001104,400.001
1 1 1 I 1 1 I
1 1 1 I I 1 I
1 I
1462,400.001
I 1
I 1
Activity Number: 181
Activity Name: Administration 1
Expenditures by Quarter
Activity Number:
Activity Name:
Expenditures by Quarter
Activity Number:
Activity Name:
Expenditures by Quarter
Activity Number:
Activity Name:
Expenditures by Quarter
+-----+~----+-----+----7---+---------+----------+----------+----------+----------+----------+
I 1 1
13,50013,500.001
I 1 I
I I I
7,000.001 14,000.001 28,000.001
I
30,250.001
I
I
I
I 86,250.001
I I
I I
+-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+
-I
1
1
I
I
- 1
- . 1
I
+-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+
+-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+
"
1
I
I
+-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+
I
1
TOTAL 1
1
1 I 1 I 1 1 1
I 1 I 1 I / 1
14,50015,350.00166,550.001138,950.001217,350.00/142,30O.OO!
I I I I 1 I ,
1 1
I I
1575,000.001
1 I
+-----+-----+-----+--------+---------+----------+----------+----------+----------+----------+
,,¡,
,
'..., .
, ., . - -
8
8
v~~'
~""'¿)
~IUN 20 .j~~
ATTACHMENT C
STATEMENT OF ASSURANCES
GDiJJ¡ .. H'Jl!SiilfJ
*-"
..us~'
The applicant hereby assures and certifies that:
(a)
~t possesses legal authority to enter into this agreement,
and to execute the proposed program.
(b)
Its governing body has duly adopted or passed as an official
act a resolution, motion or similar action authorizing the
filing of the application, including all understandings ßnd
assurances contained therein, and directing and authorizing
the applicant's chief executive officer to act in connection
with the application and to provide such additional
information as may be required.
( c)
No member of or delegate to the Congress of the United
States, and no Resident Commissioner, shall be admitted to
any share or part of this agreement or to any benefit to
arise from the same. No member, officer, or employee of the
Recipient, or its designees or agents, no member of the
. governing body of the locality in which the program is
situated, and no other public official of such locality or
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one
year thereafter, shall have any interest direct or indirect,
in any contract or subcontract, or the proceeds thereof, for:
wprk to be 'performed in connection with the program assisted'
under this agreement. Th~ Recipient shall incorporate or
cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant
to the purposes stated above.
(d)
It has complied with all the requirements of the State of
Florida Intergovernmental Coordination and Review (IC & R)
process, and that either:
(l)
Any comments and recommendations made by or through
clearinghouses are attached and have been considered
prior to submission ~f the application: or
The r~quired procedures have been followed and no
comments or recommendations have been received prior to
submission of the application.
(2)
( e)
It has facilitated or will facilitate citizen participation
by:
(l)
providing citizens with an opportunity to participate
in the determination of priorities in community
development and housing needs;
(2)
providing adequate notices for one or more public
hearings; and
,
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.
, ,.
8
8
( 3 )
Holding one or more hearings on the proposed
application before adoption of a resolution or similar
action by the local governing body authorizing the
signing of the application.
(f)
Its chief executive officer or other officer of applicant
approved by the state:
(l) Consents to assume the status of a responsible Federal
official under the National Environmental Policy Act of
1969 (NEPA) and other provisions of Federal law, as
specified in 24 C.F.R. Part 58, which furthers the.
purposes of NEPA, insofar as the provisions of sucn
Federal law apply to the community Development Block
Grant Program; and
(2) Is authorized and consents on behalf of the applicant
and himself to accept the jurisdiction of the Federal
courts for the purpose of enforcement of his
responsibilities as such an official.
( g)
The Community Development program has been developed so as
to give maximum feasible p~iority to activities which will
benefit low and moderate income families, or aid in the
prevention or elimination of slums or blight.
(The requirement for this certification will not preclude
the State.from approving an application where the applicant
certifies, and the .State d~terrnines, that all or part of the"
community development program activities are designed to
~eet other community development needs having a particular
urgency as specifically explained in the application.)
(h)
It will comply with the regulations, policies, guidelines
and requirements of 24 C.F.R. Part 85, OMB Circulars Number
A-a7, A-llO, A-122 and A-l02, Revised, as they relate to the
application, acceptance, and use of Federal funds under this
document.
(i)
It will comply with:
(l) Section llO of the Housjng and Community Development Act
of 1974, as ~m~nded, 24,C.F.R. Section 570.605, and
State regulations regarding the administration and
enforcement of labor standards;
(2) The provisions of the Davis-Bacon Act (40 U.S.C. 276 a-
5) with respect to prevailing wage rates (except for
projects for the rehabilitation of residential
properties of fewer than eight units);
(3) Contract Work Hours and Safety Standards Act of 1962, 40 -
U.S.C. 327 et seq., requiring that mechanics and
laborers (including watchmen and guards) employed on
federally assisted contracts be paid wages of not less
't.
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8
8
than one and one-half times their basic wage rates for
all hours worked in excess of forty hours in a work
week; and
(4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et
seq., requiring that covered employees be paid at least
the minimum prescribed wage, and also that they be paid
one and one-half times their basic wage rates for all
hours worked in excess of the prescribed work-week.
(j )
It will comply with all requirements imposed by the state
concerning special requirements of law, program
requirements, and other administrative requirements,
approved in accordance with OMB Circular No. A-l02, Revised
and 24 C.F.R. Part 85.
( k)
It will comply with:
(l) Title VI of the Civil Rights Act of 1964 (Pub.L. 88-
352), and the regulations issued pursuant thereto (24
C.F.R. Part l), which provides that no person in the
united states shall on the grounds of race, color, or
- national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which
the applicant receives Federal financial assistance and
will immediately take any measures necessary to
effectuate this assurance.- If any real property or
structure thereon'is provided- or improved with the aid
o£ Federal financial assistance extended to the
applicant, this assurance shall obligate the applicant,
orin the case of any transfer of such property, any
transferee, for the period during which the real
property or structure is used for a purpose for which
the Federal financial assistance is extended, or for
another purpose involving the provision of similar
services or benefits;
(2) Title VIII of the civil Rights Act of 1968 (Pub. L. 90-
284), as- amended, administering all programs and
activities relating to housing and community development
in a mannèr to affirmatively further fair housing; and
will take action to affirmatively further fair housing
in the sale or rental of- housing, the financing of
housing, and the provision of brokerage services;
(3) E.O. 12259, Leadership and Coordination of Fair Housing
in Federal Programs, requiring that programs and
activities relating to housing and urban development be
administered in a manner affirmatively to further the
goals of Title VIII of the civil Rights Act of l~68;
-- - - --- -
(4) Section 109 of the Housing and Community Development Act
of 1974 (ACT), as amended, and the regulations issued ----'-'-
pursuant thereto (24 C.F.R. section 570.601), which --
provides that no person -in the United states shall, on
I"
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8
8
the grounds of race, col~r, national origin, or sex, be
excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program
or activity funded in whole or in part with funds
provided under the Act;
.
(5) Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975 or with
respect to otherwise qualified handicapped individuals
as provided in section 504 of the Rehabilitation Act of
1973 shall also apply to any such program activity;
.
.
(6) Executive Order ll063 on equal opportunity in housing
and nondiscrimination in the sale or rental of housing
built with Federal assistance; and
(lY
(7) Executive Order ll246 as amended by Executive Orders
ll375 and l2086, and the regulations issued pursuant
thereto (24 C,F,R. Part l30 and 4l C.F.R. Part 60),
which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or
national origin in all phases of employment during the
'performance of federal or federally assisted
construction contracts; affirmative action to insure
fair treatment in employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff
or termination, rates of payor other forms of
compensation; and election for training and
apprenticeship.
It will comply with Sèction 3 ~f the Housing and Urban
Development Act of 1968, as amended, requiring that to the
greatest extent feasible opportunities for training and
employment be given to lower-income persons residing within
the unit of local government in which the project is
located; and that contracts for work in connection with the
project be awarded to eligible business concerns which are
located in, or.owned in substantial part by, persons
residing within the unit of local government.
(m)
It will:
(l) To the greatest extent practicable under State law,
comply with Sections 30l and 302 of Title III (Uniform
Real Property Acquisition Policy) of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and will comply with sections 303
and 304 or Title III, and HUD implementing instructions
at 49 C.F.R. Part 24; and
(2) Inform affected persons of their rights and of the
acquisition policies and procedures set forth in the
regulations at 49 C.F.R. Part 24 and 24 C.F.R. section
570.602.
,
".
.
~ ,. .
(n)
8
8
It will:
(l) Comply with
the Uniform
Acquisition
regulat:i:ohs
570.606;
Title II (Uniform Relocation Assistance) of
Relocation Assistance and Real Property
Policies Act of 1970 and HUD implementing
at 49 C.F.R. Part 24 and 24 C.F.R. Section
(2) Provide relocation payments and offer relocation
assistance as described in section 205 of the Uniform
Relocation Assistance Act to all persons displaced as a
result of acquisition of real property for an activity
assisted under the Community Development Block Grant
program. Such payments and assistance shall be provided
in a fair and consistent and equitable manner that
insures that the relocation process does not result in
different or separate treatment of such persons on
account of race, color, religion, national origin, sex,
or source of income;
(3) Assure that, within a reasonable period of time prior to
displacement, comparable decent, safe and sanitary
replacement dwellings-will be available to all displaced
families and individuals and that the range of choices
available to such persons will not vary on account of
their race, color, religion, national origin, sex, or
source of income; and
(4) .Inform affected persons of the relocation assistance,
- -- . -- ,- policies and procedures set -forth in the regulations at
49 C.F.R. Part 24 and 24 C.F.R. Section 570.606.
(0 )
It will establish safeguards to prohibit employees from
using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain
for themselves or others, particularly those with whom they
have family, business, or other ties pursuant to s. 112.313
and s.112.3135, Fla, Stat. and 24 C.F.R. Section 570.611.
(p)
It will comply with the Anti-kickback (Copeland) Act of
1934, l8 U.S.C. S 874 and 40 U.S.C. S 276a, which outlaws
-and prescribes penal ties' for "kickbacks" of wages in
federally financed or. ass-isted construction activities.
It will comply with the provisions of the Hatch Act, which
limits the political activity of employees.
(r) It will give the State, HUD and the comptroller General,
through any authorized representatives, access to and the
right to examine all records.
( q)
(s)
It will insure that the facilities under its
lease or supervision which shall be utilized
accomplishment of the program are not listed
Environmental Protection Agency's (EPA) list
Facilities and that it will notify the state
ownership,
in the
on the
of Violating
of the receipt
. " .
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8
8
of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA.
(t)
It will comply with the flood insurance purchase
requirements' of Section 102(a) of the Flood Disaster
Protection Act of 1973. Pub. L. 93-234, 87 s. 975, approved
December 3l, 1973. Section l03(a) required, on and after
March 2, 1974, the purchase of flood insurance in
communities where such insurance is available as a condition
for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any ~rea,
that has been identified by the Secretary of the Department
of Housing and Urban Development as an area having special
flood hazards. The phrase "Federal financial assistance"
includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant,
or any other form of direct or indirect Federal assistance.
(u)
It will require every building or facility (other than a
privately owned residential structure) designed,
constructed, or altered with funds provided under this Part
to comply with the "American-Standard Specifications for
Making Buildings and Facilities Accessible to, and Usable
by, the Physically Handicapped," Number A-ll7.l-R 1971,
subject to the exceptions contained in 4l C.F.R. section
lOl-l9.604. The applicant will be responsible for
-conducting inspections to ensure compliance with these
specifications by the contractor.-
(v)
It will, in connection with its performance of environmental
assessments under the National Environmental policy Act of
1969, comply with section lO6 of the National Historic
Preservation Act of 1966 (l6 U.S.C. 470), Executive Order
ll593, and the Preservation of Archaeological and Historical
Data Act of 1966 (l6 U.S.C. 469a-l, et seq.) by:
(1) Consulting with the State Historic Preservation Officer
to identify properties listed in or eligible for
inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 C.F.R.
Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State
to avoid or mitigate adverse effects upon such
properties.
(w)
It will comply with:
(l) The National Environmental Policy Act of 1969 (42 V.S.C.
s. 4321 et seq.) and 24 C.F.R. Part 58;
(2) Executive Order ll988, Floodplain Management;
(3) Executive Order ll990, Protection of Wetlands;
I '. .
'. . .' "" .
8
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(4) The Endangered Species Act of 1973, as amended (l6
U. S . C. s. l53l et seq.);
(5) The Fish and wildlife Coordination Act of 1958, as
amended, (l6 U.S.C. s. 66l et seq.);
(6) The wild and Scenic Rivers Act of 1968, as amended, (16
U.S.C. s. 1271 et seq.);
(7) The Safe Drinking Water Act of 1974, as amended, (42
U.S.C. s. 300f et seq.);
.
(8) Section 40l(f) of the Lead-Based Paint Poisoning
Prevention Act, as amended (42 D.S.C. s. 4831(b) et
seq. ) ; -
(9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401
et seq.);
(lO) The Federal Water Pollution Control Act of 1972, as
amended, (33 U.S.C. s. l25l et seq.);
(ll) The Clean Water Act of 1977 (Public Law 95-2l7);
(l2) The Solid.Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1975 (42 D.S.C. s. 690l
et seq.)¡
-- (13) Noise Abatement-and Contro~: Departmental Policy
Implementation Responsibilities, and Standards, 24
C.F.R. Part 5l, Subpart B; .
(l4) Flood Disaster Protection Act of 1973, P.L. 93-234;
(l5) Protection of Historic and Cultural Properties under HUD
Programs, 24 C.F.R. Part 59;
(l6) Coastal Zone Management Act of 1972, P.L. 92-583;
(l7) Executive Order ll593, "Protection and Enhancement of
the Cultural Environment"; .
(l8) Architectural and Construction Standards;
(l9) Architectural Barriers Act of 1968, 42 U.S.C. 4l5l;
(20) Executive Order ll296, relating to evaluation of flood
hazards;
(2l) Executive Order ll288, relating to the prevention,
control and abatement of water pollution¡
(22) Cost-Effective Energy Conservation standards, 24 C.F.R.
Part 39; and
. '. .
'. , " i ,.
(x)
(y)
( Z )
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(23) section 8 Existing Housing Quality Standards, 24 C.F.R.
Part 882.
It will comply with all parts of Title I of the Housing and
community Development Act of 1974, as amended, which have
not been citèd previously as well as with other applicable
laws.
It will abide by the provisions of s. 116.111, Fla. stat.,
pertaining to nepotism in its performance under this
agreement.
The Recipient will include the provisions outlined in .~.
287.055 and 287.058, Fla. Stat., when negotiating contracts
for services.
(aa) It has adopted and is enforcing a policy prohibiting the use
of excessive force by law enforcement agencies within its
jurisdication against any individuals engaged in nonviolent
civil rights demonstrations, and has adopted and is
enforcing a policy of enforcing applicable state and federal
laws against physically barring entrance or exit from a
facility or location which is the subject of such nonviolent
civil rights demonstration within its jurisdiction in
accordance with section 519 of Public Law 101-140 of the
1990 HUD Appropriations Act.
It will comply with section 319 of Public Law 101-121, as
provided in-the "Governmentwide Guidance for New
Restri~tions on LC?bbying: 0 Interim Final Guidance" published .0-
- in the December 20, 1989 Federal Register, which prohibits
recipients of federal contracts or grants from using
appropriated funds for lobbying in connection with a grant
or contract, and requires that each person who requests or
receives a federal contract or grant, and their
subrecipients, disclose lobbying undertaken with non-federal
funds (See Attachment D).
(cc) It will expend a minimum of seventy (70) percent of the
aggregate of CDBG funds for activities that meet the
provisions of 24 C.F.R. Section 570.208(a) for benefiting
low and moderate income persons.
- (bb)
.. ,
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Attachment D
CERTIFICATION REGARDING LOBBYING
Certification for Contract. Grants, Loans and Coooperative
llqreements
The undersigned certifies, to the best of his or her knowledge
and belief, that:
(1)
( 2 )
(3 )
No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any pers9n '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.
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 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--S_tandarq Fqrrn-LLL. -- ~'Disclosure Form to Report.
Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this
certification be included in the award documents for all
sub awards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact
upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a ~
prerequisite for making òr entering into this transaction
impose~ by section 1352, title 31, U.S. Code. Any persons
who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
:~f1¿~
Robert A. Pool, Mayor
Type Name and Title
.. ',: ..1.-
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STANDARD CONDITIONS
: . '
, -'. ,
1. The State of Florida's performance and obligation to pay under
this contract is contingent upon an annual appropriation by
the Legislature.
"'/
2. Extension of a contract for contractual services shall be in
writing for a period not to exceed 6 months and shall be
subject to the same terms and conditions set forth in the
initial contract. There shall be only one extension of the
contract unless the failure to meet the criteria set forth" in
the contract for completion of the contract is due to events
beyond the control of the contractor.
3. All bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
pre-audit and post-audit thereof.
4. All bills for any travel expenses shall be submitted in
accordance with s. 112.061, Fla. stat.
5. The Department of Community Affairs reserves the right to
unilaterally cancel this contract for refusal by the
contractor to allow public access to all documents, papers,
letters, or other material subject to the provisions of
chapter 119, Fla. stat., and made or received by the
contractor in conjunction with the contract.
"' '. .
.. . 11 ..
8
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>'ì:i:';dH....~h:f, q. "I. ~I~
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TO JUN 20 (!9ft
SIGNATURES OF INDIVIDUALS AUTHORIZED
SUBMIT PAYMENT REQUESTS
CDBG - HousIng
*Submit two original copies for each contract
Recipient:
City of Clermont
Contract #
9lDB-99-06-45-02-HO9
Address:
P. O. Box 219
Contact Person:
Wayne Saunders
Clermont, FL
32711-0219 Telephone:
(904) 394-4081
Request for funds of Small Cities CDBG Program will be presented
to the State and will require [ ] one signature [XX] two signatures of
individuals as authorized below (Check one).
~=ure
Wayne Saunders
Typed Name & Signature
~hf~
Typed Name & Signature
Typed Name & Signature
A non-interest bearing account has been established at the financial
institution listed below for deposit of CDBG funds.
Sun Bank
Name of Institution
0137-000120332
Account Number
P.o. Box 3833, Orlando, FL 32897
Address of Financial Institution
I certify, as the recipient's Chief Executive Officer, that the
above signatures are of the Individuals authorized to sign requests for
funds from the Small Cities Community Development Block Grant.
06-18-91 ~ ¿j ;~~ Robert Pool a or
Date Signature . Typed Nam Title
========================;3========================= == -=-
DCA USE ONLY: / ') / 1C1./
Date: ~ ~y ff Approve.
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8
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 ~ 0
(INTIRVIEW
DRIVE. TA1.lAHASSEE,
flOllDA 32399
80B MARTINEZ
~
THOMAS G. PUHA~
~f)
February 27.1990
Memo No:
HCD:CDBG6-90-1
MEMORÞ.NDUM
FROM':
All Small Cities Community Development Block Grant
Eligible Communities, Regional Planning Councils
and Other Interested Parties
Lewis O. Burnside, Jr~&?rector
Division of Housing and co~~unity Development
TO:
SUBJECT:
LOCAL PROCUREMENT OF PROFESSIONAL SERVICES IN THE
ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAMS
c,
===~=============================================================
I.
Introduction and Purpose
Many questions have been raised recently concerning CDBG
procurement procedures. There appears to be a lack of adequate
local procurement practices, and in some instances, use of
questionable procedures in selecting professional services for
grant preparation and the administration of CDBG programs. This
memorandum is an attempt to address this situation and assure
that maximum open and free competition is achieved through sound
procurement practices. .
"This memorandum does not supercede or replace any applicable
federal and state laws and regulations. However, this memorandum
will provide general guidance regarding the implementation of
these laws and regulations. All local government officials,
grant administrators, planning councils, consultants and others
with designated responsibility for the administration of CDBG .
award contracts remain responsible for ensuring compliance,with
all applicable federal and state laws and regulations. Such laws
and regulations include but are not limited to the following:
OMB Circular A-1O2, Attachment 0: 24 CFR Part 85 Section 85.36;
EMERGENCY MANAGEMEf\olT . HOUSING AND COMMUNITY DEVROPMENT . IESOURCE "LANNING AND MANAGEMENT
8
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Memorandum
Page Two
s. 290.047(5), Florida statutes (1989): s. 287.055, Florida
statutes (1989) and the state of Florida CDBG administrative
rule, Florida Administrative Code Chapter 9B-43. These documents
are distributed during the Applicant Workshop which is at the start
of each funding cycle and are available, upon request, from the
Department.
The purpose of this memorandum is to clarify Procurement
Standards for all Small cities CDBG eligible communities and
recipie~ts of CDBG program funds. The memorandum sets out methods
and applicable requirements that are to be followed when procuring
professional services under the Small cities CDBG Program.
A further purpose is to define Department policy regarding
the procurement of professional services under the Small Cities
CDBG Program. All previous Department memos which have been
issued on this subject are hereby superseded.
II.
~ecipient Responsibilities in the Procurement of
Professional Services
A.
Professional Services
(
Potential recipients of CDBG funds must have written
procurement policies and procedures adopted and effective prior
to the advertisement for proposals to provide professional
services to administer FFY 1989 CDBG funds. Such policies should
be developed to achieve the economical and efficient
administration of the CDBG Program.
Professional services are defined as assistance obtained
from an independent contractor through a selection and/or
negotiation process which ensures maximum full and open
competition. Such services should be acquired as sealed
proposals consistent with the standards set forth in OMB Circular
A-102, Attachment 0 and 24 CFR Part 85, Section 85.36. Because
differences in price may only be a minor concern when compared to
qualitative considerations, professional services may be exempted
from the formal Invitation to Bid process. A formal, advertised
request for proposals process must be followed, and written
selection procedures must be included in all advertisements for
requests for proposals.
All necessary and affirmative steps to assure that small,
mipority, women's business enterprise and labor surplus area firms
are. provided the opportunity to submit proposals should be..
exercised. -----
-- - --
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Memorandum
Page Three
B.
Selection Procedures
To avoid violations of federal regulations contained in 24
CFR section 85.36 and OMB Circular A-1O2, Attachment 0, and
policy memoranda issued by HUD, recipients should follow these
guidelines:
- place advertisements for proposals in more than just-
a single local newspaper:
- do not use familiarity with a particular Target Area
or a particular local jurisdiction as a selection
factor;
- assure that more than one potential bidder can meet
all of the selection factors;
- be sure of a clear connection between the selection
factors and the work to be accomplished;
- do not use "past CDBG performance as àetermined
by DCA" as a selection factor;
l
- consider the ability of potential bidders to become
familiar with the locality in a short time and
familiarity with the CDBG program;
- assure that contracts are only awarded to contractors
with sufficient capacity to complete the award
contract.
Sufficient records must be maintained to support the
basis for:
- the selected method of procurement:
- the selection of contract type;
- the contractor selection or rejection:
- the selected contractor price.
C.
Determinina pricina
Fair and 'reasonable profits should be permitted for
professional services under 24 CFR s. 85.36: however, a cost or
price analysis must be included in all proposals which supports
8
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-----
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Memorandum
Page Four
the reasonableness of the proposed contract price. Under current
HUD guidelines, proposals which offer to prepare an application
at no fee are acceptable. However, such free service may not be
tied to the providing of any other service by that consultant.
Previous free services may not be considered by a local
government in selecting a contractor for future services.
Proposals to prepare an application which offer
fee dependent on the awaràing of additional services
appear to violate the specific provision for maximum
open competition required under 24 CFR s. 85.36, and
therefore not alloweà under current HUD guidelines.
a variable
or contracts
free and
are
D.
Multi-Service~ontracts
l
Under section 290.047(5), Florida Statutes (1989), a local
government is permitted to contract with the same entity for more
than one service, provided that the local government can document
that the entity is either (i) the sole source or (il) was
determined, through the Request for Proposals process, to be the
proposer most advantageous to the local government. However, HUD
Circular Letter 81-69 states that there is a problem when unlike
services, such as grant application preparation, administering
CDBG Programs, and providing engineering services, and the like
are lumped together in a single contract. Such multi-service
contracts prevent the local government and DCA from effectively
administering the CDBG Program.
All contracts for professional services should conform to
the following:
(8). any Request for Proposals which includes more than
one service should provide that:
1.
proposals may be submitted for one or more of
the services;
2.
proposals will be considered on an equal
competitive basis;
3.
qualifications and proposals should be
separately stated for each service;
the evaluation of the proposals should
be separate for each service.
4.
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Memorandum
Page Five
(c)
a separate professional services contract must be
executed between the local government and the
consultant for each particular CDBG program.
those types of services having a relatively
undefined scope, such as program management or
administration, and those services of a more
defined scope, such as engineering or
architectural design, must be separated from each
other into individual contracts; and
(b)
(d)
each services contract must identify by program
number and individual project the grant to which
it is applicable.
E.
PrQgram Administration
l.
In addition, OMB Circular A-102, Attachment 0 establishes
that a general conflict exists where a local government awards a
multi-service contract to a firm to administer its C~3G program,
while at the same time the same firm is to provide a service,
such as engineering, where .the administrator mu~t oversee and
approve its own work. In such cases, the services of an
independent third party should be obtained to provide the
necessary oversight and approvals.
The local government's recordkeeping and financial
management system should be maintained locally so that the local
government has control and accountability of all CDBG funds.
III.
Conclusion
The possible lack of competition in the procurement of
professional services for the administration of CDBG programs
appears to be inconsistent with the procurement standards
required by state and federal regulations. The policies set forth
in this memorandum should be implemented immediately to ensure
conformance upon receipt of CDBG funds beginning with FFY 1989.
Thank you for your attention and cooperation in this matter.
If you have any questions or require additional information, you
may write to Ms. Wanda A. Jones, Planning Manager, Department of
Community Affairs, 2740 centerview Drive, Tallahassee, Florida
32399-2100 or you may contact Ms. Jones at (904) 487-3644.
--
LOB/wjf
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'5
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2"'0 CfNTflVlfW OliVE. TALLAHASSEE, fLOIIDA 32399
80S MARTINEZ
~
October 26,1989
THOMAS G. PELHAM
Secreta '}
MEMORANDUM
TO:
Lewis O. Burnside, Jr., Director
Division of Housing and Community Development
SUBJECT:
Barbara Jo Finer~~
Senior Attorney ~ / ~I
Procurement of Administrative
for CDBG Awards
Services Contract
FROM:
"
l.
The question has been raised as to whether the present
procurement policies and/or practices of the local governments in
Florida or the bid proposal procedures of the consultants are
violative of any state or federal law or regulation.
Specifically, the concern has been raised with respect to three
issues:
1) Maya local government include "prior local
experience" as one of the factors to be considered in awarding an
administrative services contract?
2) Maya consultant put in a proposal to prepare a
grant application at no cost to the local government; and may
that same consultant also put in a proposal for the
administrative services contract for that same local government?
3) Maya consultant put in a proposal to prepare a
,grant application for a local government where the fee 'would be
(a) $15,000 if the local government does ~ot award
both the administrative services and the engineering contÏãcts to
that same consultant;
EMÐtGENCY MANAGEMENT . ~D COMMU~ITY O£VELOrMENT . IfSOUIC8NNING AND MANAGEMENT
MEMORANDUM
October 26,1989
Page Two
(b) $10,000 if the local government awards either
the administrative services or the engineering contract to that
same consultant; and
L
(c) $-0- if the local government selects that same
consultant for both its administrative services and its
engineering contracts.
While t~ere are no state statutes or regulations which
address any of the above issues, the federal OMB Circular A-1O2,
Attachment 0 and 24 C.F.R. Section 85.36 both require that all
procurement transactions, regardless of the dollar value, shall
be conducted in a manner that provides maximum full and open
competition consistent with the standards set forth in those
regulations. Under the state-administered CDBG program, states-
are given maximum latitude in carrying out their programs,
including grant management responsibilities. States are given
the choice by HUD of either using the actual guidelines and
standards contained in OMB Circular A-102 (now also contained in -
24 C.F.R. Section 85.36) or adopting substantially equivalent
procedures established by the state. In the case of the Florida
CDBG program, we have chosen to adopt fully the provisions of
both OMB Circular A-102 and 24 C.F.R. Section 85.36 with respect
to grant management procedures.
1) With respect to the first issue concerning the use
of "prior local experience" as an evaluation factor in choosing
an administrator or engineer, there are no clear proscriptions -
against the consideration of such factors in selecting an
administrator or an engineer. However, both OMB Circular A-102
and 24 C.F.R. Section 85.36 do provide that the procurement
procedures shall not restrict or eliminate competition, and it is
a fair reading of "prior local experience" that the only
candidate which could satisfy that criterion is the one who has
previously or is presently doing CDBG grant administration or
engineering for that local government. Thus, to permit the use
of this criterion by local governments would serve to perpetuate
the status quo to the exclusion of all other competitors for that
contract. I believe that limiting the evaluation factor to -
"prior experience" satisfies the legitimate needs of the local
government for having a qualified administrator or engineer,
without unduly restricting competition and thereby running afoul
of the governing federal regulations.
2) With respect to the issue of whether a consu¡tant
may offer to do application preparation for a local government at
no cost, there does not appear to be any violation of federal
regulations -- provided that such provision of a free service is
8
8
MEMORANDUM
October 26,1989
Fage Three
6.J ~~
7'-:J< I -. ¡:.-
not tied, by either the consultant or the local government, to ~~~~~
the providing of other services to the local government. (E.g., ~ ~^~ K
see the problem with discussion by members of City Commission of ~, ~~~~.
Bunnell.) -:7"'C y,-,,\.v...u.\.(t
\ 0' -:,-,L~
'\ '7,/
3) With respect to the issue of whether a consultant \
may charge a variable fee for doing application preparation for a
local government, dependent upon whether the consultant is
awarded other contracts by the local government -- this seems to
violate the specific provisions of OMB Circular A-lO2 Attachment
0 and 24 C.F.R. Section 85.36 that there be maximum free and open
competition. With respect to the Florida CDBG program, there
have, in addition, been a number of memoranda issued by the
Department of Community Affairs concerning the procurement of
multi-service contracts. In the September 8,1987 memorandum
from Bureau Chief Corinne M. Sharpe (copy attached), it was
stated that a proposal for a professional service must separately
state for each service thé applicant's qualifications and the
proposed fee. This memorandum was then followed by one dated
September 23,1987 (copy attached) which set forth additional
procedures to be followed in the procu~ement of multi-service
contracts, the essence of these procedures being that each type
of service must be advertised and considered separately in order
to give equal competitive ability to those proposers seeking to
only offer to do one of several services.
l
4) As a separate issue, BUD has addressed the question
of whether multi-service contracts, where a consultant is awarded
a contract for more than one service (such as application
preparation, grant administration and engineering), are in
violation of BUD rules and regulations. In BUD Circular Letter
81-69 (copy attached) it states that there are oversight problems
inherent in the concept of a consultant providing "cradle to
grave" &ervices. The BUD Circular Letter states that the method
of'contracting by which a multitude of services (such as
application preparation, planning and administering present and
future CDBG programs, assisting in necessary land acquisition and
providing appropriate engineering design) are lumped in one
multi-year multi-program contract prevents both the local
government and HUD from effectively administering the CDBG
program.
The Circular Letter then expands on this position by
explaining that the combination of the functions of the
administrator and the engineer causes problems because lo~al
governments (a) charge ineligible costs to their CDBG program,
(b) obligate funds prior to application approval, (c) violate
environmental review procedures, and Cd) for multi-program
8
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,
HEM ORAND UM
October 26,1989
Page Four
contracts, improperly assign costs to the appropriate CDBG
program. Based on those concerns, the HUD Circular Letter states
that professional services must conform to the following:
(a) a separate professional services contract
must be executed between the local government and the consultant
for each particular CDBG program.
(b) those types of services having a relatively
undefined scope, such as program management or administration,
and those services of a more defined scope, such as engineering
or architectural design, must be separated from each other into
individual contracts.
l
(c) each services contract must identify by
program number and individual project the grant to which it is
applicable.
BUD has additionally stated that under OMB Circular A-
102 Attachment 0, a conflict generally exists in these situations
where a local government awards a multi-service contract to a
firm to manage or administer its CDBG program, while at the same
time the firm is to provide a service or product under the local
government's CDBG grant program.
In addition, BUD has stated in a letter opinion dated
June 2,1986 (copy attached) that Attachment G to OMB Circular A- .
102 requires that a grantee's fiscal management system provide
for effective control and accountability for all funds, and HUD
states that Attachment G should then act to discourage any
arrangement by which a firm is, in effect, reviewing its own
work. This situation of an administrator overseeing its own
enginee~ing work is seen by HUD as a conflict of interest which
violates both Attachment G and Attachment 0 to OMB Circular A-
102.
This position of HUD has also been adopted by the
Department of Community Affairs in its memorandum dated February
3,1988 (copy attached), which states that a project
administrator which evaluates or approves payment for work
performed by it in the separate capacity of an engineer must -
implement procedures to prevent a possible conflict of interest.
The procedure required in that memorandum for such a multi-
service conflict is that a third party (either-from the lQcal
government or a private firm) independently review the engineer's
work, and the basis for that requirement is the OMB Circular A-
102.
BJ'F:pf
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STATE OF FLORIDA
8
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TilE CAPITOL
TALLAHASSEE. FLORIDA 32399-0001
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t~\;\'~I:,'.[Û.I', ',: :, ~...
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Mf\R 4& \99J
LAWTON CHILES
GOVERNOR
CCB(3 - \io\1&W:
February 26,1991
Mr. Tom Pierce
Housing and Community Development
Department of Community Affairs
2740 Centerview,Drive
Tallahassee, Florida 32399
RE:
City of Clermont Community Development Block Grant - Housing
SAI: FL9101030810
Dear Mr. Pierce:
The Florida State Clearinghouse, pursuant to Presidential
Executive Order 12372 and Gubernatorial Executive Order 83-150,
has coordinated a review of the above referenced project.
Pursuant to Presidential Executive Order 12372, the project is in
accord with State plans, programs, procedures and objectives.
Enclosed are comments received during the review process.
The Department of Environmental Regulation (DER) indicates that
permits may be required prior to start of construction. Sound
development practices should be maintained during all phases of
construction and early coordination with DER's district office in
the project area may help to eliminate problems in the permitting
process.
Please enter the State Application Identifier (SAI) Number, shown
above, in box 3a of Standard Form 424 and append a copy of this
letter and any enclosures to your application. These actions
will assure the federal agency of your compliance with Florida's
~
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Mr. Tom Pierce
Page Two
review requirements, help ensure notification of federal agency
action under the Federal Assistance Award Data System (FAADS) and
reduce the chance of unnecessary delays in processing your
application by the federal agency.
sincerely,
...
ES[~ hi t~l:fÆ!Lrector
State Clearinghouse
EDW/rt
Enclosure(s)
cc:
Department of Environmental Regulation
Department of State
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FLORIDA DEPARTMEN r OF STATE
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<;ecretary of State
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DIVISION OF HISTORICAL RESOURCES
R A Gray Building
500 South Bronaugh
Tallahassee, Florida 32399,0250
Director', OffICe Telecopler Number (FAX)
(904) 488,1480 (904) 488,3353
JanC:cŒÿ 18, 1991
Mr ~~tus Whitfield, Deputy Director
S~at~ Planning and Development
Clearinghouse
Offi~9 of Planning and Budgeting
T.t':~ '-_api tol
Tallahassee, Florida 32399-0001
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STATE C!.Ï::;~:-""
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In Reply Refer To:
Laura A. Kammerer
Historic Sites
Specialist
(904) 487-2333
Project File No. 910032
Cultural Resource Assessment Request
SAI# FL9101030810
Community Development Block Grant Application
city of Clermont, Lake County, Florida
(2 Projects)
RE:
Dear Mr. whitfield:
In accordance with the procedures contained in 36 C,F.R., Part
800 ("Protection of Historic Properties"), we have reviewed the
above referenced project(s) for possible impact to archaeological
and historical sites or properties listed, or eligible for
listing, in the National Register of Historic Places. The
authority for this procedure is the National Historic
Preservation Act of 1966 (Public Law 89-665), as amended.
We have reviewed the information in the above referenced CDBG
application, and the pertinent data in the Florida Master site
File. Based on the facts provided by the appli~ant that no pre-
1940 structures will be included in all project activities, it is
the opinion of this agency that because of their nature and/or
location, the following projects are deemed unlikely to affect
significant archaeological or historic sites listed, or eligible
for listing, in the National Register of Historic Places, or
otherwise of national, state, or local significance. These
projects may proceed without further involvement with this
office:
PROJECT ACTIVITIES
Number
Name
039a
051a
Temporary Relocation
Housing Rehabilitation
Archaeological i{ðcarch
Florida Folklife rro~ram"
HI'tonc Pre..er\'atlOn
Museum of Flonda Ht..tor\'
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8
8
Mr. \\1hJtfield
Januciry 18, 1991
Page 2
Historic stryctures are the tangible remains of a community's
growth and development. We recognize that such resources, as
well as archaeological sites, are significant elements in a
community's historic heritage, and provide i~s residents with a
sense of place and continuity. For this reason, both the state
and federal government encourage the rehabilitation of older
structures in lieu of new construction. The Secretarv of the
Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings were developed to guide the
. process.
These Standards and Guidelines are not tc be confused with those
dealing with restoration. Rather, they guide the sensitive
adaptive reuse oÏ structures to meet modern code and use
requirements, while retaining those elements which define a
structure's historic character. In most instances, the features
of concern are restricted to the exterior of the structure.
The Division of Historic Resources, which serves as the office of
Florida's State Historic Preservation Officer, is committed to
helping communities evaluate their historic resources and to -
preserve and rehabilitate those properties deemed significant.
If you have any questions concerning our comments, please do not
hesitate to contact us. Your interest in protecting Florida's
archaeological and historic resources is appreciated.
Sincerely,
--7
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p~'George W. Percy, Director
! Division of Historical Resources
and
State Historic Preservation Officer
GWP/lak
xc: Don Klima, ACHP