12-03-2007
Voting Order
Councilwoman Rogers
Councilwoman Bennington
Councilwoman Rhodes
Councilman Cooper
Mayor Thomas
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
December 3, 2007
7:00 P.M.
COMMUNITY CENTER
We respectfully request that all electronic devices are set for no audible notification
.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
A. September 10, 2007.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Presentation by Bob Williams, CEO of Bert Fish Medical Center regarding Inpatient
Pediatrics.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen
comments relating to any agenda matter may be made at the time the matter is before
please limit your comments to three
Council. Please state your name and address, and
“3”
minutes or less
.
5. CITY COUNCIL REPORTS
6. CONSENT AGENDA - None at this time.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS - None at this time.
8. BOARD APPOINTMENTS - None at this time.
9. OTHER BUSINESS
A.Community Development Block Grant (CDBG) - 2007/2008 Subrecipient
Agreement - approval of the agreement to use allocated funds of $87,461.00 for
playground equipment at the YMCA and authorize the City Manager to execute the
associated documents.
B.Employee Early Separation/Retirement Options - Council discussion/determination
on establishment of formula for early separation/retirement options.
City Council Agenda
December 3, 2007
Page -2-
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Tentative Agenda Items
11. CITIZEN COMMENTS
12. ADJOURN.
NoteDecember 17, 2007
. All items for inclusion on the , agenda must be received by the City
Thursday, December 6, 2007
Manager’s office no later than 12:00 pm, .
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a
verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2400 x1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
(Robin_docs\agendas\120307reg)
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CITY ATTORNEY
9vlem0 rancfum
Date: November 2, 2007
To: Medical Staff
cc: Greg Mercurio, MD, Chief of Staff
From:
Bob Williams, CEO #iA'~
,..
Subject:
Inpatient Pediatrics
For years Bert Fish Medical Center has arranged to accommodate pediatric
inpatients. However, with the small number of admissions, and the need to
provide high quality and efficiency to maintain staff competency for pediatrics,
the Medical Executive Committee has decided that we needed to discontinue
this practice.
On September 5th our request to close in-patient pediatric services at Bert Fish
Medical Center was granted.
We will continue to provide emergent and urgent out-patient care to our
pediatric population. Should any of our pediatric patients require a hospital
admission, we will provide initial treatment, stabilization and transfer
arrangements.
If you have any questions regarding this, please contact our Chief of Staff, Greg
Mercurio, M.D. or myself. Thank you for your continued support.
RESOLUTION NO. 2007-R-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, ELECTING TO USE THE
UNIFORM METHOD OF COLLECTING NON-AD
VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE
INCORPORA TED AREA OF THE CITY; STATING A NEED
FOR SUCH LEVY; PROVIDING FOR THE MAILING OF
THIS RESOLUTION; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, is contemplating the
imposition of special assessments for the provision of Fire Protection Services; and
WHEREAS, the City intends to use the uniform method for collecting non-ad valorem
special assessments for the cost of providing fire protection services to property within the
incorporated area of the City as authorized by Section 197.3632, Florida Statutes, as amended,
because this method will allow such special assessments to be collected annually commencing in
November 2008, in the same manner as provided for ad valorem taxes; and
WHEREAS, the City held a duly advertised public hearing prior to the adoption of this
Resolution, proof of publication of such hearing being attached hereto as Exhibit "A".
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
Commencing with the Fiscal Year beginning on October 1,2007, and with
the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of
collecting non-ad valorem assessments authorized in Section 197.3632, Florida Statutes, as
amended, for collecting non-ad valorem assessments for the cost of providing fire protection
services. Such non-ad valorem assessments shall be levied within the incorporated area of the City.
A legal description of such area subject to the assessment is attached hereto as Exhibit "B"and
incorporated by reference.
2007-R-16
Section 2. The City hereby determines that the levy of the assessments is needed to fund
the cost of fire protection services within the incorporated area of the City.
Section 3. Upon adoption, the City Clerk is hereby directed to send a copy of this
Resolution by United States mail to the Florida Department of Revenue, the V olusia County Tax
Collector, and the V olusia County Property Appraiser by January 10, 2008.
Section 4.
If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion of application shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions or application hereof.
Section 5. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 6.
This resolution shall take effect immediately upon its adoption.
After Motion to approve by
the vote on this resolution was as follows:
and second by
AYE
NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
2007-R-16
2
PASSED, APPROVED AND ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
2007-R-16
day of December, 2007.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater during the Council meeting held
on this _ day of December, 2007 under
Agenda Item No. 7_.
3
EXHIBIT "A"
PROOF OF PUBLICATION
2007-R-16
4
The actual Proof of Publication from the Daytona
News-Journal cannot be supplied to the City until
after the advertisement that will run on November
29, 2007.
NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING
NON-AD VALOREM ASSESSMENTS
The City of Edgewater, Florida (the "City") hereby provides notice,
pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the
uniform method of collecting non-ad valorem special assessments to be levied
within the incorporated area of the City, for the cost of providing fire protection
services commencing for the Fiscal Year beginning on October 1, 2008. The City
will consider the adoption of a resolution electing to use the uniform method of
collecting such assessments authorized by section 197.3632, Florida Statutes, at
a public hearing to be held at 7:00 p.m. on December 3, 2007 at the Council
Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. Such resolution
will state the need for the levy and will contain a legal description of the
boundaries of the real property subject to the levy. Copies of the proposed form
of resolution, which contains the legal description of the real property subject to
the levy, are on file at the City Hall, 104 N. Riverside Drive, Edgewater, Florida
32132. All interested persons are invited to attend.
In the event any person decides to appeal any decision by the City with
respect to any matter relating to the consideration of the resolution at the above-
referenced public hearing, a record of the proceeding may be needed and in
such an event, such person may need to ensure that a verbatim record of the
public hearing is made, which record includes the testimony and evidence on
which the appeal is to be based. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or an interpreter to
participate in this proceeding should contact the City Clerk at (386) 424-2400,
five (5) days prior to the date of the hearing.
Submitted by,
s/SusanJ. Wadswo~CMC
City Clerk
Type Ad:
Legal
Proof and Bill to:
Friday, November 9,2007, Thursday, November 15, 2007,
Thursday, November 22, 2007 and Thursday, November
29,2007
City Clerk
P. O. Box 100
Edgewater, FL 32132-0100
Publish Date:
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS
~ 1-10
prolongation of the center line of the Gabardy Canal; thence
westerly along the prolongation of the center line of the Gabardy
Canal center line to the point of beginning.
(Ord. No. 639, ~ 3, 11-17-69; Ord. No. 666, ~ 1,9-9-70; Ord. No.
762, ~ 1, 8-30-72; Ord. No. 886, ~ 1, 9-16-74; Ord. No. 980, ~ 2,
8-8-77; Ord. No. 81-0-40, ~ 2, 12-21-81; Ord. No. 82-0-6, ~ 2,
4-5-82)
Charter reference-Boundary as of 1966, ~ 6.
State law reference-Annexation procedure, Fla. Stat. Ch. 171.
Supp. No. 47
147
[The next page is 199J
5
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS
~ 1-10
Sec. 1-10. City boundary.
The boundary line of the city is hereby redefined and shall
stand as described, as follows:
Commence on the center line of Gabardy or South Canal in
section fifty, township seventeen south, range thirty-four east
where the canal enters the Hillsboro or Indian River north for the
point of beginning; thence westerly along the center line of the
said canal to the south line of the Seymour Pickett grant in
section forty-nine, township seventeen south, range thirty-four
east; thence south seventy-four degrees west along said grant line
to its intersection with the section line between sections twenty-
nine and thirty, township seventeen south, range thirty-four east;
thence south on said section line forty-six and fifty one-
hundredths chains to the northerly line of the Geronimo Alvarez
grant, section fifty-two, township seventeen south, range thirty-
four east; thence south seventy-four degrees west nine and
Supp. No. 55
140.1
6
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS
~ 1-10
fifty one-hundredths chains along the northerly line of said
Alvarez grant to the northwesterly corner thereof; thence
south fourteen degrees east fifty chains along the westerly
line of said Alvarez grant to the southwesterly corner
thereof; thence north seventy-four degrees east along the
southerly line of said Alvarez grant to a point, said point
being on the south line of said Alvarez grant and a distance
of two thousand four hundred forty-six and fifty-eight
one-hundredths feet southwesterly of the northeast corner of
U.S. lot three, section thirty-two, township seventeen south,
range thirty-four east; thence south six degrees, nineteen
minutes, forty-two seconds east, a distance of eight hundred
forty-eight and thirty-two one-hundredths feet to the
northeast corner of the Bett's grant, section fifty-four,
township seventeen south, range thirty-four east; thence
south twenty degrees, eighteen minutes, thirty-four seconds
east along the east line of the said Bett's grant, a distance
of three hundred thirty and five one-hundredths feet to the
intersection of the southerly line of U.S. lot four, section
thirty-two, township seventeen south, range thirty-four
east; thence easterly along said south line of U.S. lot four
and the southerly line of U.S. lot three, a distance of one
thousand one 'hundred twenty-two and twenty-one one-
hundredths feet; thence northerly and parallel to the east
line of said U.S. lot three, a distance of one thousand five
hundred thirty-seven and four one-hundredths feet to the
southerly line of the said Alvarez grant; thence north
seventy-four degrees east along the southerly line of said
Alvarez grant to the northeast corner of U.S. lot three,
section thirty-two, township seventeen south, range thirty-
four east; thence south along the east line of said U.S. lot
three and the east line of U.S. lot five, section thirty-two,
township seventeen south, range thirty-four east to the
south line of township seventeen south, range thirty-four'
east; thence south eighty-eight degrees, forty-one minutes,
forty-four seconds west one thousand seven hundred
sixty-six feet along the said south line of township
seventeen south, range thirty-four east to the easterly line
of the Bett's grant, section thirty-eight, township eighteen
south, range thirty-four east; thence south twenty-one
141
7
EXHIBIT "B"
LEGAL DESCRIPTION
~ 1-10
EDGEWATER CODE
degrees, six minutes, forty-six seconds east seven thousand
six hundred forty-nine and nine-tenths feet along the
easterly line of said Bett's grant to the southeasterly corner
thereof; thence south sixty-eight degrees, fifty-three min-
utes, fourteen seconds west one thousand eight hundred feet
along the north line of the Bolton grant, section thirty-nine,
township eighteen south, range thirty-four east; thence
south twenty-one degrees, six minutes, forty-six seconds
east parallel to the east line of said Bolton grant nine
thousand eight hundred seventy-two feet; thence north
sixty-eight degrees, fifty-three minutes, fourteen seconds
east one thousand eight hundred feet to the south corner of
section fifteen, township eighteen south, range thirty-four
east; thence north no degrees thirty-two minutes twenty-one
seconds west seventy-seven and two-tenths feet to the
southwest corner of the northwest quarter of the northwest
quarter of section fourteen, township eighteen south, range
thirty-four east; thence north eighty-nine degrees forty-six
minutes thirty-four seconds east seven hundred forty-five
feet; thence north no degrees thirty-two minutes twenty-one
seconds west one thousand three hundred twenty-two and
five-tenths feet to the north line of section fourteen,
township eighteen south, range thirty-four east; thence
north eighty-nine degrees eight minutes forty-four seconds
east one thousand five hundred twenty-six and seven-
tenths feet; thence south twenty-one degrees fifteen minutes
fifty-one seconds east five hundred ninety-seven feet to the
northwesterly corner of the Jane Murray grant, section
forty-eight, township eighteen south, range thirty-four east;
thence north sixty-eight degrees fifty minutes thirty-nine
seconds east along the northerly line of said Jane Murray
grant one thousand six hundred twelve feet; thence south
eighty-nine degrees eight minutes forty-four seconds west
one hundred twenty-five feet to the southeast corner of U.S.
lot two, section eleyen, township eighteen south, range
thirty-four east; thence north no degrees twenty-six minutes
sixteen seconds west nine hundred twenty and one-tenth
feet to the westerly right-of-way line of the Florida East
Coast Railway; thence northerly along the said westerly
right-of-way line of the Florida East Coast Railway
142
8
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS
~ 1-10
right-of-way line to the south line of section two, township eighteen
south, range thirty-four east; thence north eighty-nine degrees thir-
teen minutes forty-four seconds east along the south line of section
two, to the point of intersection of said south line of section two with
the west side of lot fourteen of Edgewater Country Estates, as per
map recorded in map book eleven, page two hundred forty-seven,
public records of V olusia County, Florida; thence south along the
west line of said lot fourteen a distance of one thousand three
hundred eighteen and five-tenths feet to the north right-of-way of
Roberts Road as now laid out; thence east along the southern bound-
ary of said lot fourteen and the northern right-of-way of Roberts
Road to the southeast corner of lot fourteen; thence south across
Roberts Road to the intersection of the northwest corner of lot
nineteen and the southern right-of-way of Roberts Road; thence
south along the west side of said lot nineteen, a distance of one
thousand three hundred fifty-seven and 45 one-hundredths feet
to the southwest corner of said lot nineteen; thence east along
the southern boundary of lots nineteen, eighteen, seventeen, and
sixteen, a distance of one thousand one hundred forty-six and forty
one-hundredths feet to the southern most southeast corner of lot
sixteen; thence north along the eastern boundary of lot sixteen, a
distance of six hundred fifty-three and five-tenths feet; thence east
along a prolongation of the south boundary of lot nine, a distance of
one hundred twelve and five-tenths feet to the southwest corner of
lot nine; thence north along the western boundary of lots seven,
eight, and nine of said subdivision, a distance of six hundred sixty
and eighty one-hundredths feet to the southerly right-of-way of
Roberts Road as now laid out; thence west along the southerly
right-of-way of Roberts Road to a point where the southern prolon-
gation of the west side of lot ten would intersect with said southerly
right-of-way of Roberts Road; thence north across Roberts Road to
the southwest corner of lot ten of said subdivision; thence north
along the western boundary of said lot ten, a distance of six hundred
fifty nine and twenty six one-hundredths feet; thence west, parallei
to the south line of said section two, a distance of three hundred
forty-three feet to the east boundary of lot twelve; thence north
along the eastern boundary of lot twelve, a distance of six hundred
fifty nine and twenty-six one-hundredths feet to said south line of
section two, township eighteen south, range thirty-four east; thence
north eighty-nine degrees thirteen minutes forty-four seconds east
Supp. No.6
143
9
EXHIBIT "B"
LEGAL DESCRIPTION
~ 1-10
EDGEWATERCODE
along the south line of said section two to the southeast corner of
said section two; thence north no degrees twenty-seven minutes
sixteen seconds west two hundred thirty-one feet; thence south
eighty-nine degrees thirteen minutes forty-four seconds west one
.'thousand three hundred thirty-nine feet; thence north no degrees
twenty-seven minutes sixteen seconds west one thousand one hun-
dred and five-tenths feet to the northeast corner of the southwest
quarter of the southeast quarter of section two township eighteen
south, range thirty-four east; thence westerly along the north line of
the said southwest quarter of the southeast quarter of section two,
township eighteen south, range thirty-four east to the southeast
corner of the west quarter of the northwest quarter of the southeast
quarter of said section two; thence northerly along the easterly line
of the west quarter of the northwest quarter of the southeast quar-
ter of said section two to the south line of the southwest quarter of
the northeast quarter of section two, township eighteen south, range
thirty-four east; thence east along the south line of said southwest
quarter of the northeast quarter to the southeast corner thereof;
thence south along the west line of lot thirteen, block A, Edgewater
Park Subdivision as shown on map in map book ten, page one
hundred fifty-four of the public records of V olusia County, Florida
to the northerly line of Thomas Avenue, a fifty-foot right-of-way as
platted per Edgewater Park Subdivision; thence easterly along the
northerly. line of said Thomas A venue a distance of six hundred nine
feet to the westerly right-of-way line of U.S. highway no. one, a one
hundred fifty-eight-foot right-of-way as now laid out; thence north-
erly along the said westerly right-of-way line to a point, said point
being three hundred feet northerly of the south line of U.S. lot
seven, section two, township eighteen south, range thirty-four east;
thence westerly and parallel to the said southerly line of U.S. lot
seven, section two, township eighteen south, range thirty-four east;
to the easterly line of the southwest quarter of the northeast quarter
of section two, township eighteen south, range thirty-four east;
thence north along the east line of the said southwest quarter of the
northeast quarter and the northerly extension thereof to the west-
erly right-of-way line of U.S. highway no. one; thence northerly
along the said highway right-of-way line six hundred eighteen and
four-tenths feet; thence south sixty-four degrees twelve minutes
nineteen seconds west for seven hundred four and forty one- hundredths
feet; thence north twenty-six degrees forty-one minutes forty-one
Supp. No.6
144
10
EXHIBIT "B"
LEGAL DESCRIPTION
GENERAL PROVISIONS
~ 1-10
seconds west for a distance of six hundred eighteen and four-
tenths feet; thence north sixty-four degrees twelve minutes
nineteen seconds east for a distance of seven hundred four and
forty one-hundredths feet to the westerly right-of-way of said U.S.
highway no. one; thence along the two hundred ten feet southerly
and two hundred ten feet westerly perimeter of a parcel being the
northerly two hundred ten feet of the easterly two hundred ten
feet in the northwesterly quarter of the northeast quarter of
section two to the north line of section two, township one hundred
eighty-five, range thirty-four east; thence two hundred ten feet
along said north line of section two to the easterly right-of-way of
U.S. highway no. one, a one-hundred-fifty-eight-foot right-of-way
as now laid out; thence south twenty-six degrees, twenty-six
minutes east, along the easterly line of said U.S. highway no. one
to a point said point being one hundred forty feet northerly of and
as measured along the said easterly right-of-way of U.S. highway
no. one from the south line of U.S. lot six, section two, township
eighteen south, range thirty-four east; thence northeasterly to
the east line of U.S. lot six to a point on the east line of said U.S.
lot six, said point being three hundred ninety-six and fifty-five
one-hundredths feet northerly of the southeast corner of said U.S.
lot six; thence easterly and at right angles to the easterly line of
said U.S. lot six a distance of two hundred nine feet more or less
to the westerly right-of-way line of the intracoastal waterway;
thence northerly along the said westerly right-of-way line of the
intracoastal waterway to a point said point being sixty-nine and
five-tenths feet southerly of a line, said line being north sixty-two
degrees east from the northeast corner of said U.S. lot six; thence
south, sixty-two degrees west two hundred fifty feet more or less
to the easterly line of said of said U.S. lot six, thence south
twenty-eight degrees east along the easterly line of said U.S. lot
six to the point of intersection with the southerly line of the
northerly sixty-nine and five-tenths feet of said U.S. lot siX;
thence west along the southerly line of the northerly sixty-nine
and five-tenths feet of said U.S. lot six to a point, said point being
four hundred ninety-seven and forty-nine one-hundredths feet
easterly of the easterly right-of-way of U.S. highway no. one;
thence south twenty-six degrees twenty-six minutes east and
parallel to the east right-of-way line of U.S. highway no. one a
distance of twenty-two and thirty-four one-hundredths feet for
Supp. No. 47
145
11
EXHIBIT "B"
LEGAL DESCRIPTION
~ 1-10
EDGEWATER CODE
the point of exception; thence continue south twenty-six degrees,
twenty-six minutes east and parallel to the east right-of-way line
of U.S. highway no. one a distance of one hundred eighty feet;
thence west and parallel to the north line of U.S. lot six and north
line of the west half of the 'northeast quarter, section two,
township eighteen south, range thirty-four east a distance of one
hUndred fifty feet; thence north twenty-six degrees, twenty-six
mmutes west and parallel to the easterly line of U.S. highway no.
one a distance of sixty-five feet; thence east a distance offifty feet;
thence north twenty-six degrees, twenty-six minutes west a
distance of one hundred fifteen feet; thence east a distance of one
hundred feet to the point of exception; thence north twenty-six
degrees, twenty-six minutes west a distance of twenty-two and
thirty-four one-hundredths feet; thence west a distance of one
hundred twenty feet; thence south twenty..:six degrees, twenty-six
minutes east a distance of twenty-two and thirty-four one-
hundredths feet to a point, said point being three hundred
seventy-seven and forty-nine one-hundredths feet easterly of the
east line of U.S. highway no. one; thence west and parallel to the
north line of the west half of the northeast quarter, section two, '
township eighteen south, range thirty-four east a distance of
three hundred seventy-seven and forty-nine onE~-hundredths feet
to the said easterly right-of-way of U.s. highway no. one; thence
north twenty-six degrees twenty-six minutes west along the said
easterly right-of-way a distance of one hundred feet to a point on
the said north line of the west h8Jf of the northeast quarter
section two, township eighteen south, range thirty-four east, said
point being also described as on the solith line of U.s. lot five,
section two, township eighteen south, range thirty-four east;
thence east along the said south line of U.S. lot five, section two,
township eighteen south, range thirty-four east, to the southeast
corner of said U.S. lot five; thence north sixty-two degrees east to
the center line of the channel of the Hillsboro or Indian River
north; thence northerly along the center line of said channel to
the intersection of the said channel center line with the easterly
Together with all properties that have been annexed
into the City of Edgewater corporate limits.
Supp. No. 47
146
12
Q'8.
AGENDA REQUEST
Date: November 12, 2007
PUBLIC HEARING
CONSENT
RESOLUTION
OTHER BUSINESS
x
ORDINANCE
CORRESPONDENCE
ITEM DESCRIPTION:
Community Development Block Grant (CDBG) FY 2007/2008 Subrecipient Agreement.
BACKGROUND:
Dunng the May 7, 2007 regular Council meeting, Council approved, by a vote of 5-0, to accept the CDBG Annual
Plan Worksheet for FY 2007/2008 to use the allocated funds of$87,461.00 for playground equipment at our YMCA
facility.
Attached you will find the accepted CDBG FY 2007/2008 Annual Plan Worksheet as well as the FY 2007/2008
Subrecipient Agreement.
STAFF RECOMMENDATION:
Signing of the CDBG FY 2007/2008 Subrecipient Agreement.
ACTION REQUESTED:
Motion to authorize the Mayor or City Manager to sign the CDBG FY 2007/2008 Subrecipient Agreement.
FINANCIAL IMPACT:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO.
Respectfully sUbmitte~ .
\-1) In ~ (~-Jv f] . _ . ~ f&un./J
Male'cia J. N. illiams
Interim Finance Director
on C. Williams
City Manager
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Volusia County
FLORIDA
~
--
RECEIVED
OCT 2 9 2007
CITY MANAGER
Community Assistance
October 22, 2007
Jon Williams
City Manager
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
Re: Community Development Block Grant (CDBG)
FY 2007/2008 Subrecipient Agreements
Dear Mr. Williams:
Enclosed, please find two (2) copies of the FY 2007/2008 Subrecipient Agreement between the
County of Volusia and the City of Edgewater. It is respectfully requested that both agreements be
signed and sent back to me, no later than October 31, 2007. At that time, I will ask the Director of
Community Assistance to sign both agreements. Upon receiving his signature, I will forward a
signed and executed agreement, along with an authorization to proceed, to your office for your file.
Should you have any questions regarding the information contained herein, please feel free to
contact me at (386) 736-5955, extension 2970.
Sincerely yours,
f1WL~
Jennifer A. Marshall
Grants Coordinator
Planning & Monitoring
Enclosure
cc: Malecia Williams, Accountant
110 West Rich Avenue · Deland, FL 32720-4213
Tel: 386-736-5955 · 386-254-4648 · 386-423-3375 · Fox: 386-740-5112
www.volusia.org
..&. 'U..Jv.LI.t. " J..:iU
OCT 2 9 2007
CITY MANAGER
COUNTY OF VOLUSIAI
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2007-2008
TABLE OF CONTENTS
SUBRECIPIENT AGREEMENT............................................................................. 2
1. Responsibility for Grant Administration ............................................. 2
2. Other Program Requirements ...........................................................2
3. Scope of Services .............................................................................3
4. Time of Performance......................................................................... 3
5. Compensation................................................................ ................... 3
6. Method of Payment .................................... ....................................... 3
7. Compliance with Regulations ............................................................ 4
8. Maintenance and Availability of Records .......................................... 4
9. Funds Reimbursement and Expense ...............................................4
10. Program Income................................................................................ 4
11 . Reversion of Assets.......................................................................... 4
12. Subcontracting.................................................................................. 5
13. Suspension and Termination............................................................. 5
14. Aud it................................. .. ............................................................... 6
15. Conflict of Interest ............................................................................. 6
16. Indemnification.................................................................................. 6
17. - 30. Additional Provisions.......... ............................................................... 7
31. Amendments..................................................................................... 10
SIGNATURE PAGE................................................................................................ 11
ATTACHMENT 1- STATEMENT OF WORK .........................................................12
ATTACHMENT II - BUDGET .................................................................................15
ATTACHMENT 111- CERTFICATION AND OTHER REGULATIONS.................... 16
ATTACHMENT IV - RECORDS TO BE MAINTAINED.......................................... 24
ATTACHMENT V - REQUEST FOR FUNDS REIMBURSEMENT REPORT ........28
1
COUNTY OF VOLUSIAI
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2007-2008
This AGREEMENT is made by and between THE COUNTY OF VOLUSIA, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and "THE
CITY OF EDGEWATER", a governmental entity located in Volusia County, Florida
(hereinafter referred to as "SUBRECIPIENT").
WITNESSETH:
WHEREAS, the COUNTY has the authority to enter into a binding agreement for
the expenditure of all or a portion of its Community Development Block Grant (CDBG)
funds; and
WHEREAS, the regulations of 24 CFR 570, (as now in effect and as may be
amended from time to time), which are incorporated by reference, constitute a part of
this AGREEMENT; and
WHEREAS, the COUNTY has determined that the SUBRECIPIENT, through its
participation in the County of Volusia Urban County Community Development Block
Grant, meets the requirement for subrecipients as defined at 24 CFR 570.500(c); and
NOW, THEREFORE, in consideration of the mutual understanding and
agreements set forth herein, the COUNTY and SUBRECIPIENT and/or its Agent agree
as follows:
1. Responsibility for Grant Administration: In accordance with Subpart J of 24
CFR 570, the COUNTY is responsible for ensuring the administration of CDBG
funds in accordance with all program requirements. The use of Subrecipients or
contractors does not relieve the COUNTY of this responsibility. The COUNTY is
also responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts and for taking appropriate action when
performance problems arise, such as those actions described in 24 CFR 570-
910.
2. Other Program Requirements: This AGREEMENT shall require the
SUBRECIPIENT and/or its Agent to carry out each activity in compliance with all
Federal laws and regulations in Subpart K of 24 CFR 570 as further described in
ATTACHMENT III-Certifications and Other Regulations, which is attached
hereto and made a part hereof as if fully rewritten, except that:
2
a. The SUBRECIPIENT and/or its Agent does not assume the COUNTY'S
environmental responsibilities as described in 24 CFR 570.604; and
b. The SUBRECIPIENT and/or its Agent is required to comply with the
Uniform Relocation Assistance (URA) and Real Property Acquisition
Policies Act of 1970, as amended, and described in 49 CFR Part 24; and
c. The SUBRECIPIENT and/or its Agent does not assume the COUNTY'S
responsibility for initiating the governmental review process under
Executive Order 12372, as described at 24 CFR 576.612.
3. Scope of Services: The SUBRECIPIENT and/or its Agent hereby agree to allow
expenditure of Urban County CDBG funds within its jurisdiction. The COUNTY,
SUBRECIPIENT and/or its Agent hereby agrees to utilize funds made available
under the CDBG Program for the purpose of implementing activities as described
in SECTION A-Activity Responsibility and Description of ATTACHMENT 1-
STATEMENT OF WORK, which is attached hereto and made a part hereof as if
fully rewritten. Changes in ATTACHMENT I-STATEMENT OF WORK may be
requested from time-to-time by the COUNTY or the SUBRECIPIENT and/or its
Agent and shall be incorporated as written amendments to this AGREEMENT.
The SUBRECIPIENT and/or its Agent certifies that the Community Development
project(s) provided for herein shall be given maximum feasible priority to
activities that benefit low-or moderate-income families or aid in the prevention or
elimination of slums or blight.
4. Time of Performance: This AGREEMENT shall take effect as of October 1,
2007 through and including September 30, 2008. If necessary, the performance
period of the AGREEMENT may be extended through a formal amendment
process subsequent to a written request from the SUBRECIPIENT.
5. Compensation: The COUNTY shall compensate the SUBRECIPIENT and/or its
Agent for all allowable/eligible expenditures made for those Community
Development project(s) for which they are responsible as described in SECTION
A-Activity Responsibility and Description of ATTACHMENT I-STATEMENT
OF WORK. Compensation shall be made in accordance with the budget
schedule set forth in ATTACHMENT II-BUDGET, which is attached hereto and
made a part hereof as if fully rewritten. Compensation shall be provided during
the term of this AGREEMENT.
6. Method of Payment: Subject to receipt of funds from the United States
Treasury, the COUNTY agrees to reimburse the SUBRECIPIENT and/or its
Agent for authorized expenditures for which vouchers and other similar
documentation to support payment expenses are maintained by the
SUBRECIPIENT and/or its Agent under those generally accepted accounting
principles and procedures approved by the COUNTY and outlined in OMB
3
Circulars A-133 and A-87. All payments by the COUNTY shall be governed by
the Florida Prompt Payment act as applicable.
7. Compliance with Regulations: The SUBRECIPIENT and/or its Agent will
comply with the applicable uniform administrative requirements as described in
24 CFR 570.502, including those listed in ATTACHMENT III-CERTIFICATION
AND OTHER REGULATIONS, which are attached hereto and made a part
hereof as if fully rewritten.
8. Maintenance and Availability of Records: In connection with the
AGREEMENT, the SUBRECIPIENT and/or its Agent shall maintain all
accounting and client records and documents, papers, maps, photographs, other
documentary materials, and any evidence pertaining to costs incurred, as more
fully described in ATTACHMENT IV-RECORDS TO BE MAINTAINED, which is
attached hereto and made a part hereof as if fully rewritten.
Copies of all CDBG related records generated by the SUBRECIPIENT and/or its
Agent shall be available for inspection by the Department of Housing and Urban
Development, the Comptroller General of the United States, or any authorized
representative of the COUNTY.
Such records shall be available at the SUBRECIPIENT and/or its Agent's offices
at all reasonable times during the contract period and kept for a period of five (5)
years after expiration of this AGREEMENT. If a claim, investigation, or litigation
is pending after what is assumed to be final payment that in effect cancels the
final payment date. The retention period will not begin until final settlement of the
claim, investigation or litigation.
9. Funds Reimbursement and Expense: A Request for Funds and Expense
Summary form provided in ATTACHMENT V, and other such documentation as
described above shall be submitted to the COUNTY by the 10th day of each
month for the preceding month. The COUNTY shall make payment to the
SUBRECIPIENT within 30 days of receipt.
10. Program Income: All income received from CDBG funded activities shall be
considered program income and subject to the requirements set forth in 24 CFR
570.504 (c) of the CDBG regulations. The AGREEMENT, ATTACHMENT II -
BUDGET, specifies whether program income received is to be returned to the
COUNTY or retained by the SUBRECIPIENT and/or its Agent.
11. Reversion of Assets: Upon expiration of this AGREEMENT, the
SUBRECIPIENT and/or its Agent agrees to transfer to the COUNTY any CDBG
funds on hand at the time of expiration and any accounts receivable attributable
to the use of CBBG funds. It shall also ensure that any real property under the
SUBRECIPIENT and/or its -Agent's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 is either:
4
a. Used to meet one of the National Objectives in 24 CFR 570.208 until 5
years after expiration of the AGREEMENT, or such longer period of time
as determined appropriate by the COUNTY; or
b. Is disposed of in a manner that results in the COUNTY being reimbursed
in the amount of the current fair market value of property less any portion
of the value attributable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property. (Reimbursement is not required after
the period of time specified in Paragraph 11.a. above).
12.Subcontracting: All work or services covered by this AGREEMENT, which is
subcontracted, shall be specified by written contract and subject to all provisions
of this AGREEMENT. The COUNTY must approve all subcontracts prior to
execution.
13. Suspension and Termination: The COUNTY may terminate this AGREEMENT
and such additional supplemental agreements hereafter executed, in whole or in
part, and may recover any CDBG funds at its discretion if the SUBRECIPIENT
and/or its Agent:
a. Violates any provision of this AGREEMENT; or
b. Violates any provision of the Housing and Community Development Acts
of 1974 and 1977, as amended; or
c. Violates any applicable regulations or terms and conditions of approval of
the applications that the Secretary of HUD has issued or shall
subsequently issue during the period of this AGREEMENT; or
d. Fails to complete performance in a timely manner; or
e. Files for bankruptcy (voluntary or involuntary); becomes subject through
appointment by any court to a receiver taking possession of substantially
all of the assets of the CHDO or remaining in receivership in excess of 60
days; has substantially all of its assets attached, subject to execution or
other judicial seizure; or, does not perform as required under this
Agreement.
The COUNTY may also terminate this AGREEMENT and such additional
supplemental agreements hereafter executed, in whole or in part, by giving the
SUBRECIPIENT and/or its Agent 30 days written notice, in the event that the
Secretary of HUD shall:
5
a. Withdraw funds allocated to the COUNTY under its application for
program activities that substantially prevent performance of the
Community Development program in the COUNTY;
b. Terminate the COUNTY'S funding allocation pursuant to an Act of
Congress.
14. Audit: The SUBRECIPIENT and/or its Agent shall comply with the audit
requirements set forth in OMB Circular A-133.
15. Conflict of Interest: The SUBRECIPIENT certifies that it maintains a code or
standards of conduct that govern the performance of its officers, employees or
agents engaged in the awarding and administration of contracts using Federal
funds.
Except for the use of CDBG funds to pay for salaries and other related
administrative or personnel costs, the SUBRECIPIENT certifies that no
employee, agent, or officer of the SUBRECIPIENT, who exercises decision
making responsibility with respect to CDBG funds and activities, is allowed to
obtain a financial interest in or benefit from CDBG activities, or have a financial
interest in any contract, subcontract or agreement regarding those activities or in
the proceeds of the activities. Specifically:
a. This requirement applies to any person who is an employee, agent,
consultant, officer, or elected or appointed official of the grantee,
designated public agency, or SUBRECIPIENT; and to their
immediate family members, and business partner(s).
b. The requirement applies for such persons during their tenure and for
a period of one year after leaving the grantee or SUBRECIPIENT
organization.
c. It is applicable to the procurement of supplies, equipment,
construction, and services; acquisition and disposition of real
property; provision of assistance to individuals, businesses and other
private entities for all eligible activities (Section 570.201-205); and
provision of loans to individuals, businesses and other private
entities.
d. Upon written request, exceptions may be granted by HUD after
consideration of the cumulative effect of various factors on a case-by-
case basis, and only with: (a) full disclosure of the potential conflict,
and (b) a legal opinion of the grantee's attorney that there would be
no violation of state or local laws in granting the exception.
6
16. Indemnification: The SUBRECIPIENT shall hold harmless, defend and
indemnify the COUNTY, the U.S. Department of Housing and Urban
Development, its officers, agents and employees from, or on any account of,
any and all claims, actions, lawsuits, losses, expenses, injuries, damages,
judgments or liabilities of any kind whatsoever that arise from the
SUBRECIPIENT'S performance or non-performance of the terms of this
AGREEMENT.
17. Additional Provisions: Notwithstanding anything set forth in this
AGREEMENT to the contrary, nothing in this AGREEMENT shall be deemed
as a waiver of immunity or limits of liability of the COUNTY beyond any
statutory limited waiver of immunity or limits of liability (Section 768.28,
Florida Statutes), which may have been adopted by the Florida Legislature or
may be adopted by the Florida Legislature for liability in tort. Unless
otherwise further limited by state or federal law, the cap on the amount and
liability of the COUNTY for damages for third party claims or indemnification
claims related to this AGREEMENT regardless of the number or nature of
claims or whether such claim sounds in tort, equity or contract shall not
exceed the dollar amount set by the Florida legislature for tort damages.
Further, nothing in this AGREEMENT shall inure to the benefit of any third
party for the purpose of allowing any claim against the COUNTY OF
VOLUSIA which would otherwise be barred under the doctrine of sovereign
immunity or by operation of state or federal law except as provided herein.
18. In no event shall COUNTY be liable to SUBRECIPIENT for any incidental,
indirect, special, punitive or consequential damages even if the COUNTY
knew or should have known about the possibility of such damages for any
provision of this AGREEMENT.
19. SUBRECIPIENT shall, at its own expense, defend, indemnify and hold
COUNTY, its agents, officials, including elected officials and employees of
COUNTY, harmless from and against all liabilities, claims, demands, actions,
causes of action, losses, damages, costs and expenses (including reasonable
attorneys' fees) which may arise under any claim or cause of action
whatsoever, contract, equity or tort (including personal injury, death, and
damage to tangible property) to the extent proximately caused by
SUBRECIPIENT's negligence or intentional tortuous conduct in the
performance of this AGREEMENT.
20. Notwithstanding the provisions of Paragraph 17, SUBRECIPIENT shall save
and hold the COUNTY harmless from any and all claims and actions from
SUBRECIPIENT's Subcontractors for payment for Services and Software
provided by Subcontractors for SUBRECIPIENT under this AGREEMENT.
21. This AGREEMENT shall be governed by the laws of the State of Florida and
the Code of Ordinances of the County of Volusia, Florida.
7
22. SUBRECIPIENT acknowledges the COUNTY's obligations under Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (commonly
known as the Florida Public Records Act), to release public records to
members of the public upon request. SUBRECIPIENT acknowledges that the
COUNTY is required to comply with Article 1, Section 24, Florida Constitution
and Chapter 119, Florida Statutes, in the handling of the materials created
under this AGREEMENT and said statute controls over the provisions of this
AGREEMENT. SUBRECIPIENT agrees to comply with these laws and any
other laws related to provision of public records and to assist COUNTY in
complying with the same as it relates to all aspects of this AGREEMENT.
23. SUBRECIPIENT acknowledges the COUNTY's obligations under Article 1,
Section 24, Florida Constitution and Chapter 286, Florida Statutes (commonly
known as the Florida Government in the Sunshine Law), SUBRECIPIENT
acknowledges that the COUNTY is required to comply with Article 1, Section
24, Florida Constitution and Chapter 286, Florida Statutes. SUBRECIPIENT
agrees to comply with these laws and any other laws related to complying
with the Sunshine Law and to assist COUNTY in complying with the same as
it relates to all aspects of this AGREEMENT.
24. SUBRECIPIENT agrees to maintain such financial records and other records
as may be prescribed by the COUNTY or by applicable federal and state
laws, rules, and regulations. COUNTY shall have the right to audit the books,
records, and accounts of SUBRECIPIENT that are directly related to this
AGREEMENT. SUBRECIPIENT shall keep such books, records, and
accounts as may be necessary in order to record complete and correct
entries related to this AGREEMENT. SUBRECIPIENT shall preserve and
make available, at reasonable times for examination and audit by COUNTY,
all financial records, supporting documents, statistical records, and any other
documents pertinent to this AGREEMENT for the required retention period of
the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable,
or, if the Florida Public Records Act is not applicable, for a minimum period of
three (3) years after termination of this AGREEMENT. If any audit has been
initiated and audit findings have not been resolved at the end of the retention
period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by COUNTY to be applicable to
SUBRECIPIENT's records, SUBRECIPIENT shall comply with all
requirements thereof; however, no confidentiality or non-disclosure
requirement of either federal or state law shall be violated by
SUBRECIPIENT. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for COUNTY's disallowance and recovery of
any payment upon such entry.
25. Any legal notice or other communication required or permitted to be made or
8
given by either party pursuant to this AGREEMENT will be in writing, in
English, and will be deemed to have been duly given: (i) five (5) business
days after the date of mailing if sent by registered or certified U.S. mail,
postage prepaid, with return receipt requested; (ii) when transmitted if sent by
facsimile, provided a confirmation of transmission is produced by the sending
machine and a copy of the notice is promptly sent by another means specified
in this section; or (iii) when delivered if delivered personally or sent by
express courier service. All notices will be sent to the other party at its
address as set forth below or at such other address as the party may specify
in a notice given in accordance with this section.
In the case of County:
with a copies of legal notices
to:
County of Volusia
Attn: County Attorney
County of Volusia
Attn: Edward l. Jasper
Community Assistance Director
Address: 110 W. Rich Ave.
Deland, Fl 32720
Address: 123 W. Indiana Ave.
Room 301
Deland, Fl 32720
Phone:
Fax:
(386) 943-7039
(386) 822-5768
Phone:
Fax:
(386) 736-5950
(386) 736-5990
In the case of SUBRECIPIENT :
with a copy of legal notices to:
Attn: Jon C. Williams
City of Edgewater
Address: P.O. Box 100
Edgewater, Fl 32132
Attn:
Address:
Phone: ()
Fax: ()
Phone:
Fax:
(386) 424-2400
(386) 424-2409
26. Each party will act in good faith in the performance of its respective
responsibilities under this AGREEMENT and will not unreasonably delay,
condition or withhold the giving of any consent, decision or approval that is
either requested or reasonably required by the other party in order to perform
its responsibilities under this AGREEMENT.
27. This Agreement shall not be assigned, transferred, or encumbered by
SUBRECIPIENT unless authorized by the COUNTY in writing as a
9
modification to this Agreement.
28. By entering into this AGREEMENT, SUBRECIPIENT and COUNTY hereby
expressly waive any rights either may have to a trial by jury of any civil
litigation related to this AGREEMENT for any litigation limited solely to the
parties of this AGREEMENT.
29. If any provision of this AGREEMENT shall for any reason be held to be
invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or
local government having jurisdiction over this AGREEMENT, such provision
shall be construed so as to make it enforceable to the greatest extent
permitted, such provision shall remain in effect to the greatest extent
permitted and the remaining provisions of this AGREEMENT shall remain in
full force and effect unless COUNTY or SUBRECIPIENT elect to terminate
this AGREEMENT. An election to terminate this AGREEMENT based upon
this provision shall be made within seven (7) days after the finding by the
court becomes final. Prior to terminating this AGREEMENT, the parties may
agree to substitute an enforceable provision that, to the maximum extent
possible under applicable law, preserves the original intentions and economic
positions of the parties.
30. This Agreement and attached exhibits and amendments thereto constitute the
full and complete understanding between the parties.
31. Amendments: Upon mutual consent of both parties, this AGREEMENT may
be amended in writing.
10
~
COUNTY OF VOLUSIAI
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2007-2008
SIGNATURE PAGE
IN WITNESS WHEREOF, the COUNTY and the SUBRECIPIENT have been executed
this AGREEMENT.
Jon C. Williams
City Manager
City of Edgewater
Date
Date
Edward L. Jasper
Community Assistance Director
County of Vol usia
11
ATTACHMENT I - STATEMENT OF WORK
SECTION A - ACTIVITY RESPONSIBILITY AND DESCRIPTION
The organization responsible for implementing each activity and a brief description of
the activity is identified below. Implementation of these activities shall comply with the
regulations of 24 CFR 570, as now in effect and as may be amended from time to time.
The COUNTY shall:
1. Be responsible for monitoring all programmatic regulations, to provide review and
certification that environmental regulations have been adhered to, and providing
technical assistance as requested.
2. Be responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts and for taking appropriate action when
performance problems arise.
3. The COUNTY Capital Projects Coordinator shall review and approve, prior to
execution, all procurement procedures and subcontracts for compliance with the
Davis-Bacon Fair Labor Standards Provisions, Minority and Women's Business
Enterprise (MWBE) affirmative requirements, Executive Order 11246, Section 3
of Housing and Urban Development Act of 1968, Federal
DebarmenUSuspension of contractors, and other applicable federal labor and
equal opportunity requirements.
The SUBRECIPIENT shall be responsible for implementing the following activities:
1. Public Facilities and Improvements - Park Improvements. Be responsible for
park improvements to the YMCA, 148 W. Turgot, to include the purchase and
installation of playground equipment.
2. Be responsible for contacting the Vol usia County Community Assistance
Department's Capital Projects Coordinator prior to implementing any phase of
construction of the above listed activities. The City agrees to inform and include
the Capital Projects Coordinator in all pre-bid, bid, pre-construction, or any other
applicable meeting related to the above listed activities
3. Be responsible for compliance with all Davis-Bacon Fair Labor Standard
regulations with regard to the above listed construction projects. The City agrees
to provide certified payroll and contractors invoices related to the above listed
activities to the Volusia County Community Assistance Capital Projects
Coordinator for approval prior to requesting reimbursement for any expenditures.
12
SECTION B - AREA SERVICES
Persons residing in the geographic location of the following Census Tracts and Block
Groups will benefit from the above listed activities. The percentage of low/moderate
income persons residing in each Census Tract and Block Group, as defined by 2000
Census, is listed below.
Activity
Public 1m rovements
Park 1m rovements - YMCA
Percentage Low/Moderate
Income Persons
SECTION C - WORK SCHEDULE
SUBRECIPIENT
DESCRIPTION OF ACTIVITIES TIME QUANTITY MILESTONE
Park Improvements - YMCA - purchase and October 1, 2007 664 people Completion by:
installation of playground equipment. - September 30, September 30,
2008 2008
SECTION D - WORK REVISIONS
The work elements contained herein set forth specific objectives, activities, and
schedules. Requests to revise Section A through C may be deemed necessary by the
SUBRECIPIENT and/or its Agent. Any revision is subject to prior written approval by
the COUNTY.
SECTION E - LEVELS OF ACCOMPLISHMENT - GOALS AND PERFORMANCE
MEASURES
The SUBRECIPIENT agrees to provide the following levels of program services:
Activitv
Park Improvements
Units per Month
N/A
Total Units/Year
664 LMI people
Note: Units means the number of low- and moderate-income persons residing in the
area that will benefit directly from new access to an infrastructure or public facility
benefit.
SECTION F - RECORDS AND REPORTS TO BE PROVIDED AND MAINTAINED
Records and reports to be provided to the COUNTY:
13
1. The SUBRECIPIENT and/or its Agent shall provide on a monthly basis until
the AGREEMENT is closed, the Request for Funds Reimbursement Report,
ATTACHMENT V to this AGREEMENT. The Request for Funds
Reimbursement Report contains two sections: Section I - Request for Monthly
Funds Reimbursement and Expense Summary Form and Section II - Status
Report. Each section must be completed and submitted on a monthly
basis regardless of the activity level until the Agreement is closed.
2. Monthly Clientele Status Report for the following activity: N/A
3. The SUBRECIPIENT and/or its Agent shall provide other reports as may be
prescribed by the COUNTY or the Secretary of HUD from time to time.
Records to be maintained by the SUBRECIPIENT:
The SUBRECIPIENT and/or its Agent shall maintain all required records, which are
applicable to the CDBG-assisted activity, as set forth in ATTACHMENT IV to this
AGREEMENT.
14
ATTACHMENT II - BUDGET
The total amount of CDBG funds allocated to community development activities in
Edgewater is $87,461. The following chart provides details as to the organization
responsible for implementing each of the activities, a description of the activities and the
amount of funds budgeted for the activity.
RESPONSIBILITY DESCRIPTION OF ACTIVITY BUDGET
City of Edqewater Park Improvements - YMCA $87,461
TOTAL $87,461
In the event Program Income IS generated, such Income shall be returned to the
COUNTY.
15
ATTACHMENT III - CERTIFICATION AND OTHER REGULATIONS
SECTION A - APPLICABILITY OF UNIFORM ADMINISTRATIVE REQUIREMENTS
The COUNTY, SUBRECIPIENT and their Agents which are, or represent
governmental entities, shall comply with the requirements and standards, and
any revisions or amendments thereto, of OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contract with State, Local and
Federally Recognized Indian Tribal Governments"; OMB Circular A-133, Audits
of States, Local Governments, and Non-Profit Organizations; and with the
applicable portions of 24 CFR Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments" as
provided in 24 CFR 570.502.
SECTION B - EQUAL OPPORTUNITY
The SUBRECIPIENT and their Agent agrees to comply with:
1. Title VI of the Civil Rights Act of 1964 (P.L.88-352) and the HUD
regulations under 24 CFR Part 1, which provides that no person in the
United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity receiving Federal
financial assistance by way of grant, loan, or contract and will immediately
take any measures necessary to effectuate this Agreement. If any real
property or structure thereof is provided or improved with the aid of
Federal financial assistance extended to the SUBRECIPIENT, this
assurance shall obligate the SUBRECIPIENT, or in the case of any
transfer of such property or structure is used for a purpose of 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 (P.L. 90-284), as amended by the
Fair Housing Amendments Act of 1988 (P.L. 100-430), and will administer
all programs and activities relating to housing and community
development in a manner to affirmatively further fair housing within
Constitutional limitations throughout the United States.
3. Section 109 of the Housing and Community Development Act of 1974 and
1977, as amended, and in conformance with all requirements imposed
pursuant to the regulations of the Department of HUD (24 CFR Part
570.602) issued pursuant to that Section; no person in the United States
shall, on the grounds of race, color, national origin, or sex, be excluded
from participation under, any program or activity funded in whole or in part
with the Community Development funds.
16
Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age, under the Age Discrimination Act of
1975 (24 CFR Part 146), or with respect to an otherwise qualified
handicapped person, as provided in Section 504 of the Rehabilitation Act
of 1973 (24 CFR Part 8), shall also apply to any program or activity funded
in whole or in part with funds made available pursuant to the Act.
4. Executive Order 11063 on equal opportunity in housing and related
facilities owned or operated by the Federal Government or provided with
Federal financial assistance.
5. Executive Order 11246, an amended, requlflng nondiscrimination and
affirmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under Federally assisted
construction contracts.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
170Iu), as amended, and the HUD regulations issued pursuant thereto (24
CFR Part 135), shall govern all housing rehabilitation and community
development construction contracts in excess of $200,000 where at least
$100,000 of Federal CDBG funds are used, as follows:
a. The. work to be performed under the contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of
Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed
to low- and very low-income persons particularly persons who are
recipients of HUD assistance for housing.
b. The parties to the contract agree to comply with HUD's regulations in
24 CFR Part 135, which implement Section 3. As evidenced by their
execution of this contract, the parties to the contract certify that they
are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
c. The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of the contractors
commitments under this Section 3 clause, and will post copies of the
notice in conspicuous placed at the work side were both employees
and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and
17
the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
d. The contractor agrees to include the Section 3 clause in every
subcontract subject to compliance with regulations 24 CFR Part 135
and agrees to take appropriated action, as provided in an applicable
provision of the subcontract or in this section 3 clause upon a finding
that the subcontractor is in violation of the regulations in 24 CFR Part
135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent
the contractors obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result
in sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians and
(ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
7. The affirmative requirements, as set forth in 24 CFR Part 85.36 (e), to
assure that minority firms, women's business enterprises, and labor
surplus area firms are used when possible, to include the following
actions:
a. Placing qualified small and minority businesses, and women's
business enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority business, and women's business enterprises;
d. Establishing delivery schedules, where the requirements permits,
which encourage participation by small and minority business, and
women's business enterprises;
18
e. Using the services and assistance of the Small Business
Administration and the Minority Businesses Development Agency of
the Department of Commerce; and
f. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (a) - (e) of the section.
SECTION C - INTEREST OF CERTAIN FEDERAL OFFICIALS
No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefit to arise from the same.
SECTION D - INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF THE
SUBRECIPIENT, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC
OFFICIALS
No member, officer, or employee of the SUBRECIPIENT 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 (1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under this Agreement.
SECTION E - HATCH ACT
The SUBRECIPIENT agrees to comply with all provisions of the Hatch Act and
that no part of the program will involve political activities, nor shall personnel
employed in the administration of the program be engaged in activities in
contravention of Title V, Chapter 15, of the United States Code.
SECTION F - DAVIS-BACON FAIR LABOR STANDARDS PROVISIONS
The SUBRECIPIENT agrees to comply with 24 CFR 570.603, Labor Standards
of the Regulations published by HUD for Community Development Block Grants.
SECTION G - USE OF DEBARRED, SUSPENDED OR INELIGIBLE CONTRACTORS
OR SUBRECIPEINTS.
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR parts 5
and 24, which prohibit a person who is debarred or suspended from receiving
Federal financial and non-financial assistance and benefits under any Federal
Programs.
SECTION H - ANTI-LOBBYING
The SUBRECIPIENT agrees that:
19
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress. In connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or 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 the
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
SECTION I - COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS
The SUBRECIPIENT agrees to comply with any conditions resulting from the
COUNTY'S compliance with the provisions of the National Environmental Policy
Act of 1969 and the other provisions of law specified at 24 CFR 58.5 insofar as
the provisions of such Act apply to the activities set forth in ATTACHMENT I -
STATEMENT OF WORK.
SECTION J - COMPLIANCE WITH FLOOD DISASTER PROTECTION ACT
This AGREEMENT is subject to the requirements of the Flood Disaster
Protection Act of 1973 (P. L. 93-234). No portion of the assistance provided
under this AGREEMENT is approved for acquisition or construction purposes as
defined under Section 3 (a) of said Act, for use in any area identified by the
Secretary as having special flood hazards, which is located in a community not
then in compliance with the requirements for participation in the national flood
insurance program pursuant to Section 201 (d) of said Act; and the use of any
assistance provided under this AGREEMENT for such acquisition or construction
in such identified areas in communities then participating in the national flood
insurance program shall be subject to the mandatory purchase of flood insurance
requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired,
cleared, or improved with assistance provided under this AGREEMENT shall
contain, if such land is located in an area identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been made
available under the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
20
assigns to obtain and maintain, during the ownership of such land, such flood
insurance required with respect to financial assistance for acquisition or
construction purposes under Section 102 (2) of Flood Disaster Protection Act of
1973. Such provisions shall be required notwithstanding the fact that the
construction of such land is not itself funded with assistance under this
AGREEMENT.
SECTION K - COMPLIANCE WITH AIR AND WATER ACTS
This AGREEMENT is subject to the requirements of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.; and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
In compliance with said regulations, the COUNTY shall cause or require to be
inserted in full in all contracts and subcontracts with respect to any nonexempt
transaction thereunder funded with assistance provided under this
AGREEMENT, the following requirements.
1. A stipulation by the contractor or subcontractor that any facility to be
utilized in the performance of any nonexempt contract or subcontract is
not listed on the list of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8), and
Section 308 of the Federal Water Pollution Control Act, as amended, (33
U.S.C. 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114
and Section 308, and all regulations and guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the director, Office of
Federal Activities EPA, indicating that a facility utilized or to be utilized for
the contract is under consideration to be listed on the EPA list of Violating
Facilities.
4. Agreement by the contractor that he will include or cause to be included
the criteria and requirements in paragraph A through D of this section in
every nonexempt subcontract and requiring the contractor will take such
action as the Government may direct as means of enforcing such
provisions.
In no event shall any amount of the assistance provided under this AGREEMENT
be utilized with respect to a facility that has given rise to a conviction under
21
Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act.
SECTION L - HISTORIC PRESERVATION
The AGREEMENT is subject to the requirements of P.L. 89-665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive
Order 11593, and the procedures prescribed by the Advisory Council on Historic
Preservation in 36 CFR Part 800. The COUNTY must take into account the
effect of a project on any district, site, building, structure or object listed in or
found by the Secretary of the Interior, pursuant to 35 CFR Part 800, to be eligible
for inclusion in the National Register of Historic Places, maintained by the
National Park Service of the U. S. Department of the Interior, and must make
every effort to eliminate or minimize any adverse effect on a historic property.
SECTION M - ARCHITECTURAL BARRIERS
This AGREEMENT is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than
a privately owned residential structure) designed, constructed, or altered with
CDBG funds must comply with the requirements of the "American Standards
Specifications for Making Buildings and Facilities Accessible To, and Usable By,
the Physically Handicapped."
SECTION N - LEAD BASED PAINT
This AGREEMENT is subject to the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. 4831 et seq.), and the Lead-Based Paint Regulations (24 CFR Part
35 and 24 CFR 570.608). The use of lead-based paint is prohibited whenever
CDBG funds are used directly or indirectly for the construction, rehabilitation, or
modernization of residential structures. Immediate lead-based paint hazards
existing in residential structures assisted with CDBG funds must be eliminated,
and purchasers and tenants of assisted structures constructed prior to 1978 must
be notified of the hazards of lead-based paint poisoning.
SECTION 0 - PROPERTY DISPOSITION
Real or personal property purchased in whole or in part with CDBG funds shall
not be disposed through sale, use, or location without the written permission of
the COUNTY. The proceeds from the disposition of real property shall be
considered program income and subject to 24 CFR 570.504(c).
SECTION P -ACQUISITION/RELOCATION
This AGREEMENT is subject to providing a certification that the parties will comply with
the acquisition and relocation requirements of the Uniform Relocation Assistance and
22
Real Property Acquisition Policies Act of 1970, as amended, implementing regulations
at 49 CFR Part 24 and 24 CFR Part 511.14, which govern the acquisition of real
property for the project and provision of relocation assistance to persons displaced as a
direct result of acquisition, rehabilitation, or demolition for the project.
23
ATTACHMENT IV - RECORDS TO BE MAINTAINED
The SUBRECIPIENT and its Agents shall establish and maintain sufficient records to
enable the COUNTY and/or the Secretary of the Department of Housing and Urban
Development (HUD) to determine whether the terms and condition of this AGREEMENT
have been met. At a minimum, the parties shall maintain the following records for the
term of the AGREEMENT and five (5) years after closure:
Section A. The COUNTY shall maintain:
1. Records providing a full description of each activity assisted (or being assisted)
with Community Development Block Grant (CDBG) funds, including its location (if
the activity has a geographical locus), the amount of CDBG funds budgeted,
obligated, and expended for the activity, records pertaining to the leverage of the
CDBG funds with other Federal, State, local, private or other funding, and the
provision of Subpart C - Eligible Activities of 24 CFR Part 570 under which the
activity is eligible for CDBG-assistance.
2. Records demonstrating that each activity undertaken pursuant to this
AGREEMENT meets one of the criteria for meeting the CDBG National
Objectives set forth in 24 CFR 570.208. The COUNTY will require the
SUBRECIPIENT to maintain or produce records to support the activity's CDBG
eligibility and its criteria for meeting the CDBG National Objectives as set forth in
Section II below.
3. Records that demonstrate the COUNTY has made the determinations required
as a condition of eligibility of certain activities, as prescribed in Sections
570.201 (f), 570.201 (i), 570.202(b)(3), 570.203(b), 570.204(a), and 570.206(f).
4. Records that demonstrate compliance with the citizen participation requirements
prescribed in Section 104(a)(3) of the Act, and in 24 CFR 570.301 (b) and
570.305 for Entitlement Communities.
5. Records that demonstrate compliance with fair housing and equal opportunity
laws
Section B. The SUBRECIPIENT shall maintain:
1. Records providing a full description of each activity assisted (or being assisted)
with Community Development Block Grant (CDBG) funds, including its location (if
the activity has a geographical locus), the amount of CDBG funds budgeted,
obligated, and expended for the activity, and records pertaining to the leverage of
the CDBG funds with other Federal, State, local, private or other funding.
2. For each activity determined to benefit LMI persons based on the area served by
the activity:
24
1) The boundaries of the service area;
2) The income characteristics of families and unrelated individuals In the
service area; and
3) If the percent of LMI persons in the service area is less than 51 percent,
data showing that the area qualifies under the exception criteria set forth in
24 CFR 570.208(a)(1 )(ii).
Note: Public Facilities and Improvements - Park Improvements: This
activity have been determined by the COUNTY to benefit Low Moderate
Income (LMI) persons because the service areas served by the activities
have at least 51 percent of the residents with low and moderate incomes.
3. Records that demonstrate compliance with 24 CFR 570.505 regarding any
change of use of real property acquired or improved with CDBG assistance.
4. Records that demonstrate compliance with the citizen participation requirements
prescribed in Section 104(a)(3) of the Act, and in 24 CFR 570.301 (b) and
570.305 for Entitlement Communities.
5. Records that demonstrate compliance with the requirements in 24 CFR 570.606
regarding acquisition, displacement, relocation, and replacement housing.
6. Fair housing and equal opportunity records applicable to the nature of the
activity as follows:
a. Documentation of the actions the SUBRECIPIENT has carried out with its
housing and community development and other resources to remedy or
ameliorate any conditions limiting fair housing choice in the Community,
and documentation of any other official actions the Community has taken
that demonstrate its support for fair housing, such as development of a fair
housing analysis described in 24 CFR 570.904(c).
b. Data on the extent to which each racial and ethnic group and single
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funding in whole
or in part with CDBG funds. Such information shall be used only as a
basis for further investigation as to compliance with nondiscrimination
requirements. The SUBRECIPIENT is not required by law to attain or
maintain any particular statistical measure by race, ethnicity or gender in
covered programs.
c. Data on employment in each of the SUBRECIPIENTS operating units
25
funded in whole or in part with CDBG funds, with such data maintained in
the categories prescribed on the Equal Employment Opportunity
Commission's EEO-4 form; and documentation of any actions undertaken
to ensure equal employment opportunities to all persons regardless of
race, color, national origin, sex, or handicap in operating units funded in
whole or in part under this part. .
d. Data indicating the race and ethnicity of households (and gender of single
head of households) displaced as a result of CDBG-funded activities,
together with the address and census tract of the housing unites to which
each displaced household relocated. Such information shall be used only
as a basis for further investigation as to compliance with nondiscrimination
requirements. The SUBRECIPIENT is not required by law to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
e. Data indicating the racial/ethnic character of each business entity
receiving a contract or subcontract of $10,000 or more paid, or to be paid
with CDBG funds, data indicating which of those entities are women's
business enterprises as defined in Executive Order 12138, the amount of
the contract or subcontract, and documentation of SUBRECIPIENTS
affirmative steps to ensure that minority business and women's business
enterprises have an equal opportunity to obtain or compete for contracts
and subcontract as sources of supplies, equipment, constructions, and
services. Such affirmative steps may include, but are not limited to,
technical assistance open to all businesses but designed to enhance
opportunities for these enterprises and special outreach efforts to inform
them of contract opportunities. Such steps shall not include preferring any
business in the award of any contract or subcontract solely or in part on
the basis of race or gender.
f. Documentation of the affirmative action measures the SUBRECIPIENT
has taken to overcome prior discrimination, where the courts or HUD have
found that the SUBRECIPIENT has previously discriminated against
persons on the grounds of race, color, national origin, or sex in
administering a program or activity funding in whole or in part with CDBG
funds.
g. Section 3 records. For those contracts governed by Section 3, the
following documentation will be required from the SUBRECIPIENT and/or
its Agent to evaluate compliance with Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 170Iu), as amended and the HUD
regulations issued pursuant thereto in 24 CFR Part 135:
1. Project description, location, total funding limit and the period
of performance.
26
2. A summary table identifying the number and category types
of the Section 3 residents and business concerns
employed/trained on the project. The summary should also
include the total amount of funds expended on payroll for
Section 3 employment and/ or the amount of the Section 3
business concern's subcontract.
3. If the numerical goals defined by the COUNTY cannot be
met, documentation showing why it was not feasible to meet
the established goals or impediments encountered despite
action taken must be provided.
4. Documentation regarding other economic opportunities
provided such as: (a) other training and employment related
opportunities such as "upward mobility", "bridge" and trainee
positions to fill vacancies, hiring Section 3 residents within
other housing developments and, hiring in part time position;
(b) other business related economic opportunities such as to
establish, stabilize or expand Section 3 business concerns
will also be considered in evaluating compliance.
7. Financial Records. Financial records, in accordance with the applicable
requirements listed in 24 CFR 570.502.
8. Records required to be maintained in accordance with other applicable laws and
regulations set forth in Subpart K of the CDBG regulations (ATTACHMENT III -
Certification and Other Requirements).
27
ATTACHMENT V - REQUEST FOR FUNDS REIMBURSEMENT REPORT
The Request for Funds Reimbursement Report is a monthly submittal requirement for
all SUBRECIPIENTS and/or their Agents. It is made up of two sections: SECTION I -
Request for Monthly Funds Reimbursement and Expense Summary Form and
SECTION II - Status Report. Additional data such as payroll records, receipts, invoices,
daily activity logs, etc., are also required to support the monthly expenses and funds
reimbursement request.
Failure to submit both sections of the report, including the supporting data, will result in
a delay of the approval process and subsequent payment.
The Request for Funds Reimbursement Report is due to the County by the 10th
day of each month for the preceding month.
28
SECTION 1- FY 2007-2008 Request For Monthly Reimbursement
and Expense Summary Form
SUBRECIPIENT NAME: City of Edaewater
TIME FRAME:
(Month)
ADDRESS:
TELEPHONE:
CITY:
STATE:
ZIP:
REQUEST#
FINAL REQUEST: YES_ NO FUNDING SOURCE: CDBG
CONTACT PERSON:
TELEPHONE:
REIMBURSEMENT FUNDS REQUESTED FOR THIS PERIOD: $
DESCRIPTION OF ACTIVITY BUDGET EXPENSES EXPENSES AVAILABLE
THIS YEAR-TO- BALANCE
MONTH DATE
1. Park Improvements - YMCA $87,461.00
2. TOTAL $87,461.00
FOR COUNTY USE ONL Y AMENDMENT JOURNAL
PREPARED BY
REVIEWED BY
VOLUS/A COUNTY COMMUNITY ASSISTANCE
APPROVED BY
REQUEST DATE:
AGENCY AUTHORIZED SIGNATURE:
(This form is for reproduction or copying by Recipient)
29
SECTION II - STATUS REPORT FY 2007 - 2008
1. SUBRECIPIENT NAME:
2. STATUS REPORT FOR THE MONTH OF:
3. ACTIVITY NAME:
4. ESTIMATED PROJECT/ACTVITY COMPLETION DATE:
5. PERCENT OF PROJECT/ACTIVITY COMPLETED TO DATE:
6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED
THIS MONTH.
7. DESCRIBE PROJECT/ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR
SOLUTIONS.
8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT/ACTIVITY
THAT THE COMMUNITY SERVICES DEPARTMENT COULD PROVIDE ASSISTANCE TO
RESOLVE.
30
RECEIVED
OCT 2 9 2007
COUNTY OF VOLUSIAI
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2007-2008
TABLE OF CONTENTS
CITY MANAGER
SUBRECIPIENT AGREEMENT............................................................................. 2
1. Responsibility for Grant Administration ............................................. 2
2. Other Program Requirements........................................................... 2
3. Scope of Services............................................................................. 3
4. Time of Performance......................................................................... 3
5. Compensation................................................................................... 3
6. Method of Payment........................................................................... 3
7. Com pliance with Reg u lations.............................. .............................. 4
8. Maintenance and Availability of Records ..........................................4
9. Funds Reimbursement and Expense ............................................... 4
10. Program Income............................... ................................ .................4
11. Reversion of Assets.......................................................................... 4
12. Subcontracting.................................................................................. 5
13. Suspension and Termination............................................................. 5
14. Aud it....................... ......... . ... .............................................................. 6
15. Co nfl ict of I nte rest.. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. ... .. .. .. .. .. .. .. .. .. .. .. .. .... .... 6
16. Indemnification.................................................................................. 6
17. - 30. Additional Provisions......................................................................... 7
31. Amendments ..................................................................................... 10
SIGNATURE PAGE................................................................................................ 11
ATTACHMENT 1- STATEMENT OF WORK ......................................................... 12
ATTACHMENT 11- BUDGET ................................................................................. 15
ATTACHMENT 111- CERTFICATION AND OTHER REGULATIONS.................... 16
ATTACHMENT IV - RECORDS TO BE MAINTAINED .......................................... 24
ATTACHMENT V - REQUEST FOR FUNDS REIMBURSEMENT REPORT ........ 28
1
COUNTY OF VOLUSIAI
CITY OF EDGEWATER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2007-2008
This AGREEMENT is made by and between THE COUNTY OF VOLUSIA, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and "THE
CITY OF EDGEWATER", a governmental entity located in Volusia County, Florida
(hereinafter referred to as "SUBRECIPIENT").
WITNESSETH:
WHEREAS, the COUNTY has the authority to enter into a binding agreement for
the expenditure of all or a portion of its Community Development Block Grant (CDBG)
funds; and
WHEREAS, the regulations of 24 CFR 570, (as now in effect and as may be
amended from time to time), which are incorporated by reference, constitute a part of
this AGREEMENT; and
WHEREAS, the COUNTY has determined that the SUBRECIPIENT, through its
participation in the County of Volusia Urban County Community Development Block
Grant, meets the requirement for subrecipients as defined at 24 CFR 570.500(c); and
NOW, THEREFORE, in consideration of the mutual understanding and
agreements set forth herein, the COUNTY and SUBRECIPIENT and/or its Agent agree
as follows:
1. Responsibility for Grant Administration: In accordance with Subpart J of 24
CFR 570, the COUNTY is responsible for ensuring the administration of CDBG
funds in accordance with all program requirements. The use of Subrecipients or
contractors does not relieve the COUNTY of this responsibility. The COUNTY is
also responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts and for taking appropriate action when
performance problems arise, such as those actions described in 24 CFR 570-
910.
2. Other Program Requirements: This AGREEMENT shall require the
SUBRECIPIENT and/or its Agent to carry out each activity in compliance with all
Federal laws and regulations in Subpart K of 24 CFR 570 as further described in
ATTACHMENT III-Certifications and Other Regulations, which is attached
hereto and made a part hereof as if fully rewritten, except that:
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a. The SUBRECIPIENT and/or its Agent does not assume the COUNTY'S
environmental responsibilities as described in 24 CFR 570.604; and
b. The SUBRECIPIENT and/or its Agent is required to comply with the
Uniform Relocation Assistance (URA) and Real Property Acquisition
Policies Act of 1970, as amended, and described in 49 CFR Part 24; and
c. The SUBRECIPIENT and/or its Agent does not assume the COUNTY'S
responsibility for initiating the governmental review process under
Executive Order 12372, as described at 24 CFR 576.612.
3. Scope of Services: The SUBRECIPIENT and/or its Agent hereby agree to allow
expenditure of Urban County CDBG funds within its jurisdiction. The COUNTY,
SUBRECIPIENT and/or its Agent hereby agrees to utilize funds made available
under the CDBG Program for the purpose of implementing activities as described
in SECTION A-Activity Responsibility and Description of ATTACHMENT 1-
STATEMENT OF WORK, which is attached hereto and made a part hereof as if
fully rewritten. Changes in ATTACHMENT I-STATEMENT OF WORK may be
requested from time-to-time by the COUNTY or the SUBRECIPIENT and/or its
Agent and shall be incorporated as written amendments to this AGREEMENT.
The SUBRECIPIENT and/or its Agent certifies that the Community Development
project(s) provided for herein shall be given maximum feasible priority to
activities that benefit low-or moderate-income families or aid in the prevention or
elimination of slums or blight.
4. Time of Performance: This AGREEMENT shall take effect as of October 1,
2007 through and including September 30, 2008. If necessary, the performance
period of the AGREEMENT may be extended through a formal amendment
process subsequent to a written request from the SUBRECIPIENT.
5. Compensation: The COUNTY shall compensate the SUBRECIPIENT and/or its
Agent for all allowable/eligible expenditures made for those Community
Development project(s) for which they are responsible as described in SECTION
A-Activity Responsibility and Description of ATTACHMENT I-STATEMENT
OF WORK. Compensation shall be made in accordance with the budget
schedule set forth in ATTACHMENT II-BUDGET, which is attached hereto and
made a part hereof as if fully rewritten. Compensation shall be provided during
the term of this AGREEMENT.
6. Method of Payment: Subject to receipt of funds from the United States
Treasury, the COUNTY agrees to reimburse the SUBRECIPIENT and/or its
Agent for authorized expenditures for which vouchers and other similar
documentation to support payment expenses are maintained by the
SUBRECIPIENT and/or its Agent under those generally accepted accounting
principles and procedures approved by the COUNTY and outlined in OMB
3
Circulars A-133 and A-87. All payments by the COUNTY shall be governed by
the Florida Prompt Payment act as applicable.
7. Compliance with Regulations: The SUBRECIPIENT and/or its Agent will
comply with the applicable uniform administrative requirements as described in
24 CFR 570.502, including those listed in ATTACHMENT III-CERTIFICATION
AND OTHER REGULATIONS, which are attached hereto and made a part
hereof as if fully rewritten.
8. Maintenance and Availability of Records: In connection with the
AGREEMENT, the SUBRECIPIENT and/or its Agent shall maintain all
accounting and client records and documents, papers, maps, photographs, other
documentary materials, and any evidence pertaining to costs incurred, as more
fully described in ATTACHMENT IV-RECORDS TO BE MAINTAINED, which is
attached hereto and made a part hereof as if fully rewritten.
Copies of all CDBG related records generated by the SUBRECIPIENT and/or its
Agent shall be available for inspection by the Department of Housing and Urban
Development, the Comptroller General of the United States, or any authorized
representative of the COUNTY.
Such records shall be available at the SUBRECIPIENT and/or its Agent's offices
at all reasonable times during the contract period and kept for a period of five (5)
years after expiration of this AGREEMENT. If a claim, investigation, or litigation
is pending after what is assumed to be final payment that in effect cancels the
final payment date. The retention period will not begin until final settlement of the
claim, investigation or litigation.
9. Funds Reimbursement and Expense: A Request for Funds and Expense
Summary form provided in ATTACHMENT V, and other such documentation as
described above shall be submitted to the COUNTY by the 10th day of each
month for the preceding month. The COUNTY shall make payment to the
SUBRECIPIENT within 30 days of receipt.
10. Program Income: All income received from CDBG funded activities shall be
considered program income and subject to the requirements set forth in 24 CFR
570.504 (c) of the CDBG regulations. The AGREEMENT, ATTACHMENT II -
BUDGET, specifies whether program income received is to be returned to the
COUNTY or retained by the SUBRECIPIENT and/or its Agent.
11. Reversion of Assets: Upon expiration of this AGREEMENT, the
SUBRECIPIENT and/or its Agent agrees to transfer to the COUNTY any CDBG
funds on hand at the time of expiration and any accounts receivable attributable
to the use of CBBG funds. It shall also ensure that any real property under the
SUBRECIPIENT and/or its Agent's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 is either:
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a. Used to meet one of the National Objectives in 24 CFR 570.208 until 5
years after expiration of the AGREEMENT, or such longer period of time
as determined appropriate by the COUNTY; or
b. Is disposed of in a manner that results in the COUNTY being reimbursed
in the amount of the current fair market value of property less any portion
of the value attributable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property. (Reimbursement is not required after
the period of time specified in Paragraph 11.a. above).
12. Subcontracting: All work or services covered by this AGREEMENT, which is
subcontracted, shall be specified by written contract and subject to all provisions
of this AGREEMENT. The COUNTY must approve all subcontracts prior to
execution.
13. Suspension and Termination: The COUNTY may terminate this AGREEMENT
and such additional supplemental agreements hereafter executed, in whole or in
part, and may recover any CDBG funds at its discretion if the SUBRECIPIENT
and/or its Agent:
a. Violates any provision of this AGREEMENT; or
b. Violates any provision of the Housing and Community Development Acts
of 1974 and 1977, as amended; or
c. Violates any applicable regulations or terms and conditions of approval of
the applications that the Secretary of HUD has issued or shall
subsequently issue during the period of this AGREEMENT; or
d. Fails to complete performance in a timely manner; or
e. Files for bankruptcy (voluntary or involuntary); becomes subject through
appointment by any court to a receiver taking possession of substantially
all of the assets of the CHDO or remaining in receivership in excess of 60
days; has substantially all of its assets attached, subject to execution or
other judicial seizure; or, does not perform as required under this
Agreement.
The COUNTY may also terminate this AGREEMENT and such additional
supplemental agreements hereafter executed, in whole or in part, by giving the
SUBRECIPIENT and/or its Agent 30 days written notice, in the event that the
Secretary of HUD shall:
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a. Withdraw funds allocated to the COUNTY under its application for
program activities that substantially prevent performance of the
Community Development program in the COUNTY;
b. Terminate the COUNTY'S funding allocation pursuant to an Act of
Congress.
14. Audit: The SUBRECIPIENT and/or its Agent shall comply with the audit
requirements set forth in OMB Circular A-133.
15. Conflict of Interest: The SUBRECIPIENT certifies that it maintains a code or
standards of conduct that govern the performance of its officers, employees or
agents engaged in the awarding and administration of contracts using Federal
funds.
Except for the use of CDBG funds to pay for salaries and other related
administrative or personnel costs, the SUBRECIPIENT certifies that no
employee, agent, or officer of the SUBRECIPIENT, who exercises decision
making responsibility with respect to CDBG funds and activities, is allowed to
obtain a financial interest in or benefit from CDBG activities, or have a financial
interest in any contract, subcontract or agreement regarding those activities or in
the proceeds of the activities. Specifically:
a. This requirement applies to any person who is an employee, agent,
consultant, officer, or elected or appointed official of the grantee,
designated public agency, or SUBRECIPIENT; and to their
immediate family members, and business partner(s).
b. The requirement applies for such persons during their tenure and for
a period of one year after leaving the grantee or SUBRECIPIENT
organization.
c. It is applicable to the procurement of supplies, equipment,
construction, and services; acquisition and disposition of real
property; provision of assistance to individuals, businesses and other
private entities for all eligible activities (Section 570.201-205); and
provision of loans to individuals, businesses and other private
entities.
d. Upon written request, exceptions may be granted by HUD after
consideration of the cumulative effect of various factors on a case-by-
case basis, and only with: (a) full disclosure of the potential conflict,
and (b) a legal opinion of the grantee's attorney that there would be
no violation of state or local laws in granting the exception.
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16. Indemnification: The SUBRECIPIENT shall hold harmless, defend and
indemnify the COUNTY, the U.S. Department of Housing and Urban
Development, its officers, agents and employees from, or on any account of,
any and all ,claims, actions, lawsuits, losses, expenses, injuries, damages,
judgments or liabilities of any kind whatsoever that arise from the
SUBRECIPIENT'S performance or non-performance of the terms of this
AGREEMENT.
17. Additional Provisions: Notwithstanding anything set forth in this
AGREEMENT to the contrary, nothing in this AGREEMENT shall be deemed
as a waiver of immunity or limits of liability of the COUNTY beyond any
statutory limited waiver of immunity or limits of liability (Section 768.28,
Florida Statutes), which may have been adopted by the Florida Legislature or
may be adopted by the Florida Legislature for liability in tort. Unless
otherwise further limited by state or federal law, the cap on the amount and
liability of the COUNTY for damages for third party claims or indemnification
claims related to this AGREEMENT regardless of the number or nature of
claims or whether such claim sounds in tort, equity or contract shall not
exceed the dollar amount set by the Florida legislature for tort damages.
Further, nothing in this AGREEMENT shall inure to the benefit of any third
party for the purpose of allowing any claim against the COUNTY OF
VOLUSIA which would otherwise be barred under the doctrine of sovereign
immunity or by operation of state or federal law except as provided herein.
18. In no event shall COUNTY be liable to SUBRECIPIENT for any incidental,
indirect, special, punitive or consequential damages even if the COUNTY
knew or should have known about the possibility of such damages for any
provision of this AGREEMENT.
19. SUBRECIPIENT shall, at its own expense, defend, indemnify and hold
COUNTY, its agents, officials, including elected officials and employees of
COUNTY, harmless from and against all liabilities, claims, demands, actions,
causes of action, losses, damages, costs and expenses (including reasonable
attorneys' fees) which may arise under any claim or cause of action
whatsoever, contract, equity or tort (including personal injury, death, and
damage to tangible property) to the extent proximately caused by
SUBRECIPIENT's negligence or intentional tortuous conduct in the
performance of this AGREEMENT.
20. Notwithstanding the provisions of Paragraph 17, SUBRECIPIENT shall save
and hold the COUNTY harmless from any and all claims and actions from
SUBRECIPIENT's Subcontractors for payment for Services and Software
provided by Subcontractors for SUBRECIPIENT under this AGREEMENT.
21. This AGREEMENT shall be governed by the laws of the State of Florida and
the Code of Ordinances of the County of Volusia, Florida.
7
22. SUBRECIPIENT acknowledges the COUNTY's obligations under Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (commonly
known as the Florida Public Records Act), to release public records to
members of the public upon request. SUBRECIPIENT acknowledges that the
COUNTY is required to comply with Article 1, Section 24, Florida Constitution
and Chapter 119, Florida Statutes, in the handling of the materials created
under this AGREEMENT and said statute controls over the provisions of this
AGREEMENT. SUBRECIPIENT agrees to comply with these laws and any
other laws related to provision of public records and to assist COU NTY in
complying with the same as it relates to all aspects of this AGREEMENT.
23. SUBRECIPIENT acknowledges the COUNTY's obligations under Article 1,
Section 24, Florida Constitution and Chapter 286, Florida Statutes (commonly
known as the Florida Government in the Sunshine Law), SUBRECIPIENT
acknowledges that the COUNTY is required to comply with Article 1, Section
24, Florida Constitution and Chapter 286, Florida Statutes. SUBRECIPIENT
agrees to comply with these laws and any other laws related to complying
with the Sunshine Law and to assist COUNTY in complying with the same as
it relates to all aspects of this AGREEMENT.
24. SUBRECIPIENT agrees to maintain such financial records and other records
as may be prescribed by the COUNTY or by applicable federal and state
laws, rules, and regulations. COUNTY shall have the right to audit the books,
records, and accounts of SUBRECIPIENT that are directly related to this
AGREEMENT. SUBRECIPIENT shall keep such books, records, and
accounts as may be necessary in order to record complete and correct
entries related to this AGREEMENT. SUBRECIPIENT shall preserve and
make available, at reasonable times for examination and audit by COUNTY,
all financial records, supporting documents, statistical records, and any other
documents pertinent to this AGREEMENT for the required retention period of
the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable,
or, if the Florida Public Records Act is not applicable, for a minimum period of
three (3) years after termination of this AGREEMENT. If any audit has been
initiated and audit findings have not been resolved at the end of the retention
period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by COUNTY to be applicable to
SUBRECIPIENT's records, SUBRECIPIENT shall comply with all
requirements thereof; however, no confidentiality or non-disclosure
requirement of either federal or state law shall be violated by
SUBRECIPIENT. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for COUNTY's disallowance and recovery of
any payment upon such entry.
25. Any legal notice or other communication required or permitted to be made or
8
given by either party pursuant to this AGREEMENT will be in writing, in
English, and will be deemed to have been duly given: (i) five (5) business
days after the date of mailing if sent by registered or certified U.S. mail,
postage prepaid, with return receipt requested; (ii) when transmitted if sent by
facsimile, provided a confirmation of transmission is produced by the sending
machine and a copy of the notice is promptly sent by another means specified
in this section; or (iii) when delivered if delivered personally or sent by
express courier service. All notices will be sent to the other party at its
address as set forth below or at such other address as the party may specify
in a notice given in accordance with this section.
In the case of County:
with a copies of legal notices
to:
County of Volusia
Attn: County Attorney
County of Volusia
Attn: Edward L. Jasper
Community Assistance Director
Address: 110 W. Rich Ave.
Deland, Fl 32720
Address: 123 W. Indiana Ave.
Room 301
Deland, Fl 32720
Phone:
Fax:
(386) 943-7039
(386) 822-5768
Phone:
Fax:
(386) 736-5950
(386) 736-5990
In the case of SUBRECIPIENT :
with a copy of legal notices to:
Attn: Jon C. Williams
City of Edgewater
Attn:
Address:
Phone: ()
Fax: ()
Address: P.O. Box 100
Edgewater, Fl 32132
Phone:
Fax:
(386) 424-2400
(386) 424-2409
26. Each party will act in good faith in the performance of its respective
responsibilities under this AGREEMENT and will not unreasonably delay,
condition or withhold the giving of any consent, decision or approval that is
either requested or reasonably required by the other party in order to perform
its responsibilities under this AGREEMENT.
27. This Agreement shall not be assigned, transferred, or encumbered by
SUBRECIPIENT unless authorized by the COUNTY in writing as a
9
modification to this Agreement.
28. By entering into this AGREEMENT, SUBRECIPIENT and COUNTY hereby
expressly waive any rights either may have to a trial by jury of any civil
litigation related to this AGREEMENT for any litigation limited solely to the
parties of this AGREEMENT.
29. If any provision of this AGREEMENT shall for any reason be held to be
invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or
local government having jurisdiction over this AGREEMENT, such provision
shall be construed so as to make it enforceable to the greatest extent
permitted, such provision shall remain in effect to the greatest extent
permitted and the remaining provisions of this AGREEMENT shall remain in
full force and effect unless COUNTY or SUBRECIPIENT elect to terminate
this AGREEMENT. An election to terminate this AGREEMENT based upon
this provision shall be made within seven (7) days after the finding by the
court becomes final. Prior to terminating this AGREEMENT, the parties may
agree to substitute an enforceable provision that, to the maximum extent
possible under applicable law, preserves the original intentions and economic
positions of the parties.
30. This Agreement and attached exhibits and amendments thereto constitute the
full and complete understanding between the parties.
31. Amendments: Upon mutual consent of both parties, this AGREEMENT may
be amended in writing.
10
COUNTY OF VOLUSIAI
CITY OF EDGEWA TER
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT FY 2007-2008
SIGNATURE PAGE
IN WITNESS WHEREOF, the COUNTY and the SUBRECIPIENT have been executed
this AGREEMENT.
Jon C. Williams
City Manager
City of Edgewater
Date
Edward L. Jasper
Community Assistance Director
County of Volusia
Date
11
ATTACHMENT 1- STATEMENT OF WORK
SECTION A - ACTIVITY RESPONSIBILITY AND DESCRIPTION
The organization responsible for implementing each activity and a brief description of
the activity is identified below. Implementation of these activities shall comply with the
regulations of 24 CFR 570, as now in effect and as may be amended from time to time.
The COUNTY shall:
1. Be responsible for monitoring all programmatic regulations, to provide review and
certification that environmental regulations have been adhered to, and providing
technical assistance as requested.
2. Be responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts and for taking appropriate action when
performance problems arise.
3. The COUNTY Capital Projects Coordinator shall review and approve, prior to
execution, all procurement procedures and subcontracts for compliance with the
Davis-Bacon Fair Labor Standards Provisions, Minority and Women's Business
Enterprise (MWBE) affirmative requirements, Executive Order 11246, Section 3
of Housing and Urban Development Act of 1968, Federal
Debarment/Suspension of contractors, and other applicable federal labor and
equal opportunity requirements.
The SUBRECIPIENT shall be responsible for implementing the following activities:
1. Public Facilities and Improvements - Park Improvements. Be responsible for
park improvements to the YMCA, 148 W. Turgot, to include the purchase and
installation of playground equipment.
2. Be responsible for contacting the Vol usia County Community Assistance
Department's Capital Projects Coordinator prior to implementing any phase of
construction of the above listed activities. The City agrees to inform and include
the Capital Projects Coordinator in all pre-bid, bid, pre-construction, or any other
applicable meeting related to the above listed activities
3. Be responsible for compliance with all Davis-Bacon Fair Labor Standard
regulations with regard to the above listed construction projects. The City agrees
to provide certified payroll and contractors invoices related to the above listed
activities to the Volusia County Community Assistance Capital Projects
Coordinator for approval prior to requesting reimbursement for any expenditures.
12
SECTION B - AREA SERVICES
Persons residing in the geographic location of the following Census Tracts and Block
Groups will benefit from the above listed activities. The percentage of low/moderate
income persons residing in each Census Tract and Block Group, as defined by 2000
Census, is listed below.
Activity
Public 1m rovements
Park 1m rovements - YMCA
Percentage Low/Moderate
Income Persons
02
61.1%
SECTION C - WORK SCHEDULE
SUBRECIPIENT
DESCRIPTION OF ACTIVITIES TIME QUANTITY MILESTONE
Park Improvements - YMCA - purchase and October 1, 2007 664 people Completion by:
- September 30, September 30,
installation of playground equipment. 2008 2008
SECTION D - WORK REVISIONS
The work elements contained herein set forth specific objectives, activities, and
schedules. Requests to revise Section A through C may be deemed necessary by the
SUBRECIPIENT and/or its Agent. Any revision is subject to prior written approval by
the COUNTY.
SECTION E - LEVELS OF ACCOMPLISHMENT - GOALS AND PERFORMANCE
MEASURES
The SUBRECIPIENT agrees to provide the following levels of program services:
Activitv
Park Improvements
Units per Month
N/A
Total UnitslYear
664 LMI people
Note: Units means the number of low- and moderate-income persons residing in the
area that will benefit directly from new access to an infrastructure or public facility
benefit.
SECTION F - RECORDS AND REPORTS TO BE PROVIDED AND MAINTAINED
Records and reports to be provided to the COUNTY:
13
1. The SUBRECIPIENT and/or its Agent shall provide on a monthly basis until
the AGREEMENT is closed, the Request for Funds Reimbursement Report,
ATTACHMENT V to this AGREEMENT. The Request for Funds
Reimbursement Report contains two sections: Section I - Request for Monthly
Funds Reimbursement and Expense Summary Form and Section II - Status
Report. Each section must be completed and submitted on a monthly
basis regardless of the activity level until the Agreement is closed.
2. Monthly Clientele Status Report for the following activity: N/A
3. The SUBRECIPIENT and/or its Agent shall provide other reports as may be
prescribed by the COUNTY or the Secretary of HUD from time to time.
Records to be maintained by the SUBRECIPIENT:
The SUBRECIPIENT and/or its Agent shall maintain all required records, which are
applicable to the CDBG-assisted activity, as set forth in ATTACHMENT IV to this
AGREEMENT.
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ATTACHMENT II - BUDGET
The total amount of CDBG funds allocated to community development activities in
Edgewater is $87,461. The following chart provides details as to the organization
responsible for implementing each of the activities, a description of the activities and the
amount of funds budgeted for the activity.
RESPONSIBILITY DESCRIPTION OF ACTIVITY BUDGET
City of Edqewater Park Improvements - YMCA $87,461
TOTAL $87,461
In the event Program Income is generated, such Income shall be returned to the
COUNTY.
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ATTACHMENT 111- CERTIFICATION AND OTHER REGULATIONS
SECTION A - APPLICABILITY OF UNIFORM ADMINISTRATIVE REQUIREMENTS
The COUNTY, SUBRECIPIENT and their Agents which are, or represent
governmental entities, shall comply with the requirements and standards, and
any revisions or amendments thereto, of OMB Circular A-87, "Principles for
Determining Costs Applicable to Grants and Contract with State, Local and
Federally Recognized Indian Tribal Governments"; OMB Circular A-133, Audits
of States, Local Governments, and Non-Profit Organizations; and with the
applicable portions of 24 CFR Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments" as
provided in 24 CFR 570.502.
SECTION B - EQUAL OPPORTUNITY
The SUBRECIPIENT and their Agent agrees to comply with:
1. Title VI of the Civil Rights Act of 1964 (P.L.88-352) and the HUD
regulations under 24 CFR Part 1, which provides that no person in the
United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity receiving Federal
financial assistance by way of grant, loan, or contract and will immediately
take any measures necessary to effectuate this Agreement. If any real
property or structure thereof is provided or improved with the aid of
Federal financial assistance extended to the SUBRECIPIENT, this
assurance shall obligate the SUBRECIPIENT, or in the case of any
transfer of such property or structure is used for a purpose of 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 (P.L. 90-284), as amended by the
Fair Housing Amendments Act of 1988 (P.L. 100-430), and will administer
all programs and activities relating to housing and community
development in a manner to affirmatively further fair housing within
Constitutional limitations throughout the United States.
3. Section 109 of the Housing and Community Development Act of 1974 and
1977, as amended, and in conformance with all requirements imposed
pursuant to the regulations of the Department of HUD (24 CFR Part
570.602) issued pursuant to that Section; no person in the United States
shall, on the grounds of race, color, national origin, or sex, be excluded
from participation under, any program or activity funded in whole or in part
with the Community Development funds.
16
Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age, under the Age Discrimination Act of
1975 (24 CFR Part 146), or with respect to an otherwise qualified
handicapped person, as provided in Section 504 of the Rehabilitation Act
of 1973 (24 CFR Part 8), shall also apply to any program or activity funded
in whole or in part with funds made available pursuant to the Act.
4. Executive Order 11063 on equal opportunity in housing and related
facilities owned or operated by the Federal Government or provided with
Federal financial assistance.
5. Executive Order 11246, an amended, reqUiring nondiscrimination and
affirmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under Federally assisted
construction contracts.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
170Iu), as amended, and the HUD regulations issued pursuant thereto (24
CFR Part 135), shall govern all housing rehabilitation and community
development construction contracts in excess of $200,000 where at least
$100,000 of Federal CDBG funds are used, as follows:
a. The work to be performed under the contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of
Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed
to low- and very low-income persons particularly persons who are
recipients of HUD assistance for housing.
b. The parties to the contract agree to comply with HUD's regulations in
24 CFR Part 135, which implement Section 3. As evidenced by their
execution of this contract, the parties to the contract certify that they
are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
c. The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of the contractors
commitments under this Section 3 clause, and will post copies of the
notice in conspicuous placed at the work side were both employees
and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and
17
the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
d. The contractor agrees to include the Section 3 clause in every
subcontract subject to compliance with regulations 24 CFR Part 135
and agrees to take appropriated action, as provided in an applicable
provision of the subcontract or in this section 3 clause upon a finding
that the subcontractor is in violation of the regulations in 24 CFR Part
135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has
been found in violation of the regulations in 24 CFR Part 135.
e. The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent
the contractors obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result
in sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
g. With respect to work performed in connection with Section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians and
(ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
7. The affirmative requirements, as set forth in 24 CFR Part 85.36 (e), to
assure that minority firms, women's business enterprises, and labor
surplus area firms are used when possible, to include the following
actions:
a. Placing qualified small and minority businesses, and women's
business enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and
minority business, and women's business enterprises;
d. Establishing delivery schedules, where the requirements permits,
which encourage participation by small and minority business, and
women's business enterprises;
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e. Using the services and assistance of the Small Business
Administration and the Minority Businesses Development Agency of
the Department of Commerce; and
f. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (a) - (e) of the section.
SECTION C - INTEREST OF CERTAIN FEDERAL OFFICIALS
No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefit to arise from the same.
SECTION D - INTEREST OF MEMBERS. OFFICERS. OR EMPLOYEES OF THE
SUBRECIPIENT. MEMBERS OF LOCAL GOVERNING BODY. OR OTHER PUBLIC
OFFICIALS
No member, officer, or employee of the SUBRECIPIENT 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 (1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under this Agreement.
SECTION E - HATCH ACT
The SUBRECIPIENT agrees to comply with all provisions of the Hatch Act and
that no part of the program will involve political activities, nor shall personnel
employed in the administration of the program be engaged in activities in
contravention of Title V, Chapter 15, of the United States Code.
SECTION F - DAVIS-BACON FAIR LABOR STANDARDS PROVISIONS
The SUBRECIPIENT agrees to comply with 24 CFR 570.603, Labor Standards
of the Regulations published by HUD for Community Development Block Grants.
SECTION G - USE OF DEBARRED. SUSPENDED OR INELIGIBLE CONTRACTORS
OR SUBRECIPEINTS.
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR parts 5
and 24, which prohibit a person who is debarred or suspended from receiving
Federal financial and non-financial assistance and benefits under any Federal
Programs.
SECTION H - ANTI-LOBBYING
The SUBRECIPIENT agrees that:
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1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress. In connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or 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 the
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
SECTION I - COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS
The SUBRECIPIENT agrees to comply with any conditions resulting from the
COUNTY'S compliance with the provisions of the National Environmental Policy
Act of 1969 and the other provisions of law specified at 24 CFR 58.5 insofar as
the provisions of such Act apply to the activities set forth in ATTACHMENT I -
STATEMENT OF WORK.
SECTION J - COMPLIANCE WITH FLOOD DISASTER PROTECTION ACT
This AGREEMENT is subject to the requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided
under this AGREEMENT is approved for acquisition or construction purposes as
defined under Section 3 (a) of said Act, for use in any area identified by the
Secretary as having special flood hazards, which is located in a community not
then in compliance with the requirements for participation in the national flood
insurance program pursuant to Section 201 (d) of said Act; and the use of any
assistance provided under this AGREEMENT for such acquisition or construction
in such identified areas in communities then participating in the national flood
insurance program shall be subject to the mandatory purchase of flood insurance
requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease, or other transfer of land acquired,
cleared, or improved with assistance provided under this AGREEMENT shall
contain, if such land is located in an area identified by the Secretary as having
special flood hazards and in which the sale of flood insurance has been made
available under the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
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assigns to obtain and maintain, during the ownership of such land, such flood
insurance required with respect to financial assistance for acquisition or
construction purposes under Section 102 (2) of Flood Disaster Protection Act of
1973. Such provisions shall be required notwithstanding the fact that the
construction of such land is not itself funded with assistance under this
AGREEMENT.
SECTION K - COMPLIANCE WITH AIR AND WATER ACTS
This AGREEMENT is subject to the requirements of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.; and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from
time to time.
In compliance with said regulations, the COUNTY shall cause or require to be
inserted in full in all contracts and subcontracts with respect to any nonexempt
transaction thereunder funded with assistance provided under this
AGREEMENT, the following requirements.
1. A stipulation by the contractor or subcontractor that any facility to be
utilized in the performance of any nonexempt contract or subcontract is
not listed on the list of Violating Facilities issued by the Environmental
Protection Agency (EPA) pursuant to 40 CFR 15.20.
2. Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8), and
Section 308 of the Federal Water Pollution Control Act, as amended, (33
U.S.C. 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114
and Section 308, and all regulations and guidelines issued thereunder.
3. A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the director, Office of
Federal Activities EPA, indicating that a facility utilized or to be utilized for
the contract is under consideration to be listed on the EPA list of Violating
Facilities.
4. Agreement by the contractor that he will include or cause to be included
the criteria and requirements in paragraph A through D of this section in
every nonexempt subcontract and requiring the contractor will take such
action as the Government may direct as means of enforcing such
proVIsions.
In no event shall any amount of the assistance provided under this AGREEMENT
be utilized with respect to a facility that has given rise to a conviction under
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Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act.
SECTION L - HISTORIC PRESERVATION
The AGREEMENT is subject to the requirements of P.L. 89-665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive
Order 11593, and the procedures prescribed by the Advisory Council on Historic
Preservation in 36 CFR Part 800. The COUNTY must take into account the
effect of a project on any district, site, building, structure or object listed in or
found by the Secretary of the Interior, pursuant to 35 CFR Part 800, to be eligible
for inclusion in the National Register of Historic Places, maintained by the
National Park Service of the U. S. Department of the Interior, and must make
every effort to eliminate or minimize any adverse effect on a historic property.
SECTION M - ARCHITECTURAL BARRIERS
This AGREEMENT is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than
a privately owned residential structure) designed, constructed, or altered with
CDBG funds must comply with the requirements of the "American Standards
Specifications for Making Buildings and Facilities Accessible To, and Usable By,
the Physically Handicapped."
SECTION N - LEAD BASED PAINT
This AGREEMENT is subject to the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. 4831 et seq.), and the Lead-Based Paint Regulations (24 CFR Part
35 and 24 CFR 570.608). The use of lead-based paint is prohibited whenever
CDBG funds are used directly or indirectly for the construction, rehabilitation, or
modernization of residential structures. Immediate lead-based paint hazards
existing in residential structures assisted with CDBG funds must be eliminated,
and purchasers and tenants of assisted structures constructed prior to 1978 must
be notified of the hazards of lead-based paint poisoning.
SECTION 0 - PROPERTY DISPOSITION
Real or personal property purchased in whole or in part with CDBG funds shall
not be disposed through sale, use, or location without the written permission of
the COUNTY. The proceeds from the disposition of real property shall be
considered program income and subject to 24 CFR 570.504(c).
SECTION P - ACQUISITION/RELOCA TION
This AGREEMENT is subject to providing a certification that the parties will comply with
the acquisition and relocation requirements of the Uniform Relocation Assistance and
22
Real Property Acquisition Policies Act of 1970, as amended, implementing regulations
at 49 CFR Part 24 and 24 CFR Part 511.14, which govern the acquisition of real
property for the project and provision of relocation assistance to persons displaced as a
direct result of acquisition, rehabilitation, or demolition for the project.
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ATTACHMENT IV - RECORDS TO BE MAINTAINED
The SUBRECIPIENT and its Agents shall establish and maintain sufficient records to
enable the COUNTY and/or the Secretary of the Department of Housing and Urban
Development (HUD) to determine whether the terms and condition of this AGREEMENT
have been met. At a minimum, the parties shall maintain the following records for the
term of the AGREEMENT and five (5) years after closure:
Section A. The COUNTY shall maintain:
1. Records providing a full description of each activity assisted (or being assisted)
with Community Development Block Grant (CDBG) funds, including its location (if
the activity has a geographical locus), the amount of CDBG funds budgeted,
obligated, and expended for the activity, records pertaining to the leverage of the
CDBG funds with other Federal, State, local, private or other funding, and the
provision of Subpart C - Eligible Activities of 24 CFR Part 570 under which the
activity is eligible for CDBG-assistance.
2. Records demonstrating that each activity undertaken pursuant to this
AGREEMENT meets one of the criteria for meeting the CDBG National
Objectives set forth in 24 CFR 570.208. The COUNTY will require the
SUBRECIPIENT to maintain or produce records to support the activity's CDBG
eligibility and its criteria for meeting the CDBG National Objectives as set forth in
Section II below.
3. Records that demonstrate the COUNTY has made the determinations required
as a condition of eligibility of certain activities, as prescribed in Sections
570.201 (f), 570.201 (i), 570.202(b)(3), 570.203(b), 570.204(a), and 570.206(f).
4. Records that demonstrate compliance with the citizen participation requirements
prescribed in Section 104(a)(3) of the Act, and in 24 CFR 570.301 (b) and
570.305 for Entitlement Communities.
5. Records that demonstrate compliance with fair housing and equal opportunity
laws
Section B. The SUBRECIPIENT shall maintain:
1. Records providing a full description of each activity assisted (or being assisted)
with Community Development Block Grant (CDBG) funds, including its location (if
the activity has a geographical locus), the amount of CDBG funds budgeted,
obligated, and expended for the activity, and records pertaining to the leverage of
the CDBG funds with other Federal, State, local, private or other funding.
2. For each activity determined to benefit LMI persons based on the area served by
the activity:
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1) The boundaries of the service area;
2) The income characteristics of families and unrelated individuals In the
service area; and
3) If the percent of LMI persons in the service area is less than 51 percent,
data showing that the area qualifies under the exception criteria set forth in
24 CFR 570.208(a)(1 )(ii).
Note: Public Facilities and Improvements - Park Improvements: This
activity have been determined by the COUNTY to benefit Low Moderate
Income (LMI) persons because the service areas served by the activities
have at least 51 percent of the residents with low and moderate incomes.
3. Records that demonstrate compliance with 24 CFR 570.505 regarding any
change of use of real property acquired or improved with CDBG assistance.
4. Records that demonstrate compliance with the citizen participation requirements
prescribed in Section 104(a)(3) of the Act, and in 24 CFR 570.301 (b) and
570.305 for Entitlement Communities.
5. Records that demonstrate compliance with the requirements in 24 CFR 570.606
regarding acquisition, displacement, relocation, and replacement housing.
6. Fair housing and equal opportunity records applicable to the nature of the
activity as follows:
a. Documentation of the actions the SUBRECIPIENT has carried out with its
housing and community development and other resources to remedy or
ameliorate any conditions limiting fair housing choice in the Community,
and documentation of any other official actions the Community has taken
that demonstrate its support for fair housing, such as development of a fair
housing analysis described in 24 CFR 570.904(c).
b. Data on the extent to which each racial and ethnic group and single
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funding in whole
or in part with CDBG funds. Such information shall be used only as a
basis for further investigation as to compliance with nondiscrimination
requirements. The SUBRECIPIENT is not required by law to attain or
maintain any particular statistical measure by race, ethnicity or gender in
covered programs.
c. Data on employment in each of the SUBRECIPIENTS operating units
25
funded in whole or in part with CDBG funds, with such data maintained in
the categories prescribed on the Equal Employment Opportunity
Commission's EEO-4 form; and documentation of any actions undertaken
to ensure equal employment opportunities to all persons re-gardless of
race, color, national origin, sex, or handicap in operating units funded in
whole or in part under this part.
d. Data indicating the race and ethnicity of households (and gender of single
head of households) displaced as a result of CDBG-funded activities,
together with the address and census tract of the housing unites to which
each displaced household relocated. Such information shall be used only
as a basis for further investigation as to compliance with nondiscrimination
requirements. The SUBRECIPIENT is not required by law to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
e. Data indicating the racial/ethnic character of each business entity
receiving a contract or subcontract of $10,000 or more paid, or to be paid
with CDBG funds, data indicating which of those entities are women's
business enterprises as defined in Executive Order 12138, the amount of
the contract or subcontract, and documentation of SUBRECIPIENT'S
affirmative steps to ensure that minority business and women's business
enterprises have an equal opportunity to obtain or compete for contracts
and subcontract as sources of supplies, equipment, constructions, and
services. Such affirmative steps may include, but are not limited to,
technical assistance open to all businesses but designed to enhance
opportunities for these enterprises and special outreach efforts to inform
them of contract opportunities. Such steps shall not include preferring any
business in the award of any contract or subcontract solely or in part on
the basis of race or gender.
f. Documentation of the affirmative action measures the SUBRECIPIENT
has taken to overcome prior discrimination, where the courts or HUD have
found that the SUBRECIPIENT has previously discriminated against
persons on the grounds of race, color, national origin, or sex in
administering a program or activity funding in whole or in part with CDBG
funds.
g. Section 3 records. For those contracts governed by Section 3, the
following documentation will be required from the SUBRECIPIENT and/or
its Agent to evaluate compliance with Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 170Iu), as amended and the HUD
regulations issued pursuant thereto in 24 CFR Part 135:
1. Project description, location, total funding limit and the period
of performance.
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2. A summary table identifying the number and category types
of the Section 3 residents and business concerns
employed/trained on the project. The summary should also
include the total amount of funds expended on payroll for
Section 3 employment and/ or the amount of the Section 3
business concern's subcontract.
3. If the numerical goals defined by the COUNTY cannot be
met, documentation showing why it was not feasible to meet
the established goals or impediments encountered despite
action taken must be provided.
4. Documentation regarding other economic opportunities
provided such as: (a) other training and employment related
opportunities such as "upward mobility", "bridge" and trainee
positions to fill vacancies, hiring Section 3 residents within
other housing developments and, hiring in part time position;
(b) other business related economic opportunities such as to
establish, stabilize or expand Section 3 business concerns
will also be considered in evaluating compliance.
7. Financial Records. Financial records, in accordance with the applicable
requirements listed in 24 CFR 570.502.
8. Records required to be maintained in accordance with other applicable laws and
regulations set forth in Subpart K of the CDBG regulations (ATTACHMENT III -
Certification and Other Requirements).
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ATTACHMENT V - REQUEST FOR FUNDS REIMBURSEMENT REPORT
The Request for Funds Reimbursement Report is a monthly submittal requirement for
all SUBRECIPIENTS and/or their Agents. It is made up of two sections: SECTION I -
Request for Monthly Funds Reimbursement and Expense Summary Form and
SECTION II - Status Report. Additional data such as payroll records, receipts, invoices,
daily activity logs, etc., are also required to support the monthly expenses and funds
reimbursement request.
Failure to submit both sections of the report, including the supporting data, will result in
a delay of the approval process and subsequent payment.
The Request for Funds Reimbursement Report is due to the County by the 10th
day of each month for the preceding month.
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SECTION 1- FY 2007-2008 Request For Monthly Reimbursement
and Expense Summary Form
SUBRECIPIENT NAME: City of EdQewater
TIME FRAME:
(Month)
ADDRESS:
TELEPHONE:
CITY:
STATE:
ZIP:
REQUEST# FINAL REQUEST: YES_ NO_ FUNDING SOURCE: CDBG
CONTACT PERSON: TELEPHONE:
REIMBURSEMENT FUNDS REQUESTED FOR THIS PERIOD: $
DESCRIPTION OF ACTIVITY BUDGET EXPENSES EXPENSES AVAILABLE
THIS YEAR-TO- BALANCE
MONTH DATE
1. Park Improvements - YMCA $87,461.00
2. TOTAL $87,461.00
FOR COUNTY USE ONL Y AMENDMENT JOURNAL
PREPARED BY
REVIEWED BY
VOLUSIA COUNTY COMMUNITY ASSISTANCE
APPROVED BY
REQUEST DATE:
AGENCY AUTHORIZED SIGNATURE:
(This form is for reproduction or copying by Recipient)
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SECTION II - STATUS REPORT FY 2007 - 2008
1. SUBRECIPIENT NAME:
2. STATUS REPORT FOR THE MONTH OF:
3. ACTIVITY NAME:
4. ESTIMATED PROJECT/ACTVITY COMPLETION DATE:
5. PERCENT OF PROJECT/ACTIVITY COMPLETED TO DATE:
6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED
THIS MONTH.
7. DESCRIBE PROJECT/ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR
SOLUTIONS.
8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT/ACTIVITY
THAT THE COMMUNITY SERVICES DEPARTMENT COULD PROVIDE ASSISTANCE TO
RESOLVE.
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TENT A TIVE AGENDA ITEMS
DEC 17 (items due Thurs 12/06)
I) 2nd read - change resolution to ordinance for Parks & Rec Board changes
2) 1 sl reading - Ordinance for updating Purchasing Policies & Procedures
3) change resolution to ordinance for Parks & Rec Board changes
4) Shuffleboard Court Report/Update
JAN 7 (items due Thurs 12/27)
1) 2nd reading - Ordinance for updating purchasing policies & procedures
JAN 21 (items due Thurs 0 I /1 0)
I) Shuffleboard Court Report/Update
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED
I) Massey - annexation (AN---.J
2) Water/Reclaimed Site - 19 scale comp plan amend & rezoning
3) SeaGate - Edgewater Lakes Phase II PUD Agreement
4) Restoration 442 DRI -- approx 5,000 acres
5) SeaGate - Edgewater Lakes, Phase IB & IC - amendment to PUD
6) Coastal Oaks - Haynes sm scale comp plan amend
7) Rezoning, Jones/Putnam - I acre @ 1155 Old Mission Road (RZ-05I5)
8) Rezoning, Jones/ ASD Properties - 110.66 acres - PUD (RZ-0508)
9) Hickey Residential (RZ-0505)
10) 2nd R, Ord #2006-0-17, Carder/Falcon rezoning, (RZ-05I9) .24:f: acres s/w corner of Falcon A venue &
Mariners Gate Court as R-4 (Multi-Family Residential) cont from 6/19, 6B
11) pI R, Ord. #2007-0-, 442 rezonings
12) Washington Park preliminary plat approval
DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS
I) Subdivision Architectural Design Standards
2) US #1 Corridor Guidelines
3) Capital Improvement Element
4) Recreation/Open Space Element
5) Capital Improvement Plan
Agendas - Tenlalivelaitems121707
Rev. 11/20/07