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HOME Again
FHFC Disaster Relief HOME Assistance Program
Florida Housing Finance Corporation
Mailing Address: 227 N. Bronough Street, Suite 5000
Tallahassee, FL 32301
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Application Number: HA04-732
SUBRECIPIENT CONTRACT
THIS CONTRACT is entered into by and between the Florida Housing Finance Corporation, a
Corporation and instrumentality of the State of Florida, (hereinafter referred to as "the
Corporation"), and City of Winter Springs (Applicant name), of Winter Springs, Seminole
County (City, County) Florida, (hereinafter referred to as "the Subrecipient"). The Applicant is
awarded an allocation of HOME funds in the amount of$ 300,000 for use with the HOME Again
- FHFC Disaster Relief HOME Assistance Program ("HOME Again").
THIS CONTRACT IS ENTERED INTO BASFD ON THE FOLLOWING FACTS:
A. WHEREAS, the State of Florida has been designated by the United States
Department of Housing and Urban Development ("HUD") as a participating jurisdiction for the
receipt and use of funds as governed by the HOME Investment Partnerships Program ("HOME
Program") as governed in 24 CFR S 92; and
B. WHEREAS, the Corporation has been designated by the State of Florida as the
allocating authority for HOME funds; and
C. WHEREAS, section 420.5089, F.S., requires that the Corporation make loans in
the administration of the HOME Program; and
D. WHEREAS, the Subrecipient represents that it is fully qualified, possesses the
requisite skills, knowledge, qualifications and experience to provide the services identified
herein, and does offer to perform such services for the Corporation in accordance with 24 CFR S
92 and Rule 67-50, F.A.C.; and
E. . WHEREAS, the Corporation has a need for such services and does hereby accept
the offer of the Subrecipient upon the terms and conditions hereinafter set forth.
NOW THEREFORE, the Corporation and the Subrecipient do mutually agree as follows:
(1) DEFINITION OF TERMS. Terms used herein shall be defined as appears in 24
CFR S 92.2 and Rule 67-50, F.A.C.
(2) BUDGET AND PROGRAM DESIGN. The Subrecipient shall administer one or
more projects permitted under the HOME Again Program, HOME Investment Partnerships Act,
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applicable regulations, and the Subrecipient's Program Design and Budget (Attachment A). The
Subrecipient shall select individual participants for a rehabilitation / reconstruction program and
shall act as the agent ofthe Corporation in doing so. The Subrecipient shall use the HOME
funds to make deferred loans to individual participants in the name of the Corporation. Each
loan shall be evidenced by a Promissory Note (Attachment B) and secured by a Subordinate
Mortgage (Attachment C), using documents supplied by the Corporation. The Subrecipient shall
also execute a Homeowner Assistance Agreement (Attachment D) with each participant. The
Subrecipient shall further act as a closing agent for the Corporation, assuring that title insurance
in the Corporation's name is obtained and that appropriate documents have been executed before
making a disbursement of HOME funds.
(3) INCORPORATION OF LAWS, RULES, REGULATIONS. Both the
Subrecipient and the Corporation shall be governed by applicable state and federal laws, rules
and regulations.
(4) PERIOD OF CONTRACT. This Contract shall begin upon execution by both
parties for the duration of two (2) years from the execution date, unless the Contract is
tefIT';nated earlier in accordance with the provisions ofPara~~aph (10).
(5) MODIFICATION OF CONTRACT. Either party may request modification of
the provisions ofthis Contract. Changes which are mutually agreed upon shall be valid only
when reduced to writing, duly signed by each of the parties hereto and attached to the original of
this Contract.
(6) RECORDKEEPING.
(a) The Subrecipient shall maintain records sufficient to meet the
requirements of24 CFR ~ 92.508(a) (2), (3), (5) and (6). All records and reports required herein
shall be retained and made accessible as provided in 24 CFR ~ 92.508( c) and (d).
(b) The Subrecipient shall comply with the requirements of OMB Circulars
No. A-87, if a local government, or A-122, if a non-profit, as provided in 24 CFR ~ 92.505( a)
and (b), respectively.
(c) The Subrecipient shall maintain records so that all disbursements, with
regard to each particular loan, home or homeowner, will be easily retrievable while project is
active.
(d) All records, including supporting documentation of all program costs,
shall be sufficient to determine compliance with the requirements and objectives of Attachment
A and all other applicable laws and regulations.
(e) The Subrecipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Contract, shall allow access to its records
at reasonable times to the Corporation, its employees and agents, to the Comptroller and to the
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U. S. Department of Housing and Urban Development as long as the project is active.
"Reasonable" shall be construed according to the circumstances but ordinarily shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by or conducting an audit of the
Corporation.
(f) All original Homeowner records pertinent to this Contract shall be
forwarded to the Corporation upon final close out of each homeowner project. The items
contained in the Homeowner File Completion Checklist (Attachment E) constitute a complete
Homeowner file. Documents included in Attachment E that are to be supplied by the
Corporation will be provided after execution of this contract and also will be available on the
Corporation's website.
(7) REPORTS.
(a) At a minimum, the Subrecipient shall provide the Corporation with
monthly reports and a close-out report. The Monthly Report is attached as Attachment F. The
Subrecipient 1'1-: all comply with any additional reporting requirel11ents ('.'mtained in 24 CFR S 92.
(b) Monthly Reports are due to be received by the Corporation no later than
fifteen (15) days after the end of each month and shall continue to be submitted each month until
submission of the close-out report.
(c) The close-out report is due thirty (30) days after termination of this
Contract or upon completion of the activities contained in this Contract. The close-out report
shall contain information regarding all participants assisted with HOME Again funds including,
but not limited to, participant names, amounts, loan terms, and if all information has been
forwarded to the Corporation. Additionally, an accounting of the use of all administration funds
received under the HOME Again program.
(d) If all required reports and copies, prescribed above, are not sent to the
Corporation or are not completed in a manner acceptable to the Corporation, the Corporation
may withhold further payments until they are completed or may take such other action as set
forth in Paragraph (10). The Corporation may terminate the Contract with a Subrecipient if
reports are not received within 10 days after written notice by the Corporation. "Acceptable to
the Corporation" means that the work product was competed in accordance with generally
accepted principles and is consistent with Attachment A.
(e) Upon reasonable notice, the Subrecipient shall provide such additional
program updates or information as may be required by the Corporation.
(f) The Subrecipient will provide any and all reports necessary for the
Corporation to meet its reporting requirement under 24 CFR S 92.509 with respect to the
Subrecipient's use of HOME funds.
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(8) MONITORING. The Subrecipient shall do all things necessary to assist the
Corporation in carrying out its monitoring responsibilities as required by 24 CFR S 92.504( d),
which may, at the option of the Corporation, include on-site inspection. Further, the
Subrecipient shall constantly monitor its performance under this Contract to ensure that time
schedules are being met, work is being accomplished within specified time periods and other
performance goals are being achieved. Such review shall be made for each function or activity
set forth in Attachment A to this Contract.
(9) LIABILITY. The Subrecipient shall be solely responsible to parties with whom it
shall deal in carrying out the terms of this Contract and shall hold the Corporation harmless
against all claims of whatever nature by third parties arising out of the performance of work
under this Contract.
(10) DEFAULT; REMEDIES; TERMINATION.
(a) If any ofthe following events occur ("Events of Default"), all obligation
on the part of the Corporation to cause to be made any further payment of funds pursuant to 24
CFR S 92.502 shall, ifthp Corporation so elects, terminate and the Corporation IP"Y at its option
exercise any of its remedies set forth herein, but the Corporation may make any payments or
parts of payments after the happening of any Events of Default without thereby waiving the right
to exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Subrecipient in this
Contract or any previous Contract with the Corporation shall at any time be found to be false or
misleading in any respect or if the Subrecipient shall fail to keep, observe or perform any of the
terms or covenants contained in this Contract or any previous contract with the Corporation and
has not cured such in timely fashion or is unable or unwilling to meet its obligations there under;
2. If any material adverse change shall occur in the financial
condition of the Subrecipient at any time during the term of this Contract from the financial
condition revealed in any reports filed or to be filed with the Corporation and the Subrecipient
fails to cure said material adverse change within thirty (30) days from the time the date written
notice is sent by the Corporation;
3. If any reports required by this Contract have not been timely
submitted to the Corporation or have been submitted with incorrect, incomplete or insufficient
information;
4. If the Subrecipient has failed to perform and complete in timely
fashion any of the services required under Attachment A.
(b) Upon the happening of an Event of Default, then the Corporation may, at
its option, upon written notice to the Subrecipient and upon the Subrecipient's failure to timely
cure, exercise anyone or more of the following remedies, either concurrently or consecutively,
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and the pursuit of any one of the following remedies shall not preclude the Corporation from
pursuing any other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Contract in accordance with 24 CFR ~ 85.43,
provided that the Subrecipient is given at least twenty-one (21) days prior written notice of such
termination. The notice shall be effective when placed in the United States mail, first class mail,
postage prepaid, by registered or certified mail-return receipt requested, to the address set forth
in Paragraph (11) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Contract;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions, to include but not be
limited to, requesting additional information from the Subrecipient to determine the reasons for
or the extent of 110n-compliance or lack of performance, issuing a writtPr} warning to advise that
more serious measures may be taken if the situation is not corrected, advising the Subrecipient to
suspend, discontinue or refrain from incurring costs for any activities in question or requiring the
Subrecipient to reimburse the Corporation for the amount of costs incurred for any items
determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise
available under law.
(c) The Corporation may terminate this Contract for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to,
misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to
perform in a timely manner; and refusal by the Subrecipient to permit public access to any
document, paper, letter or other material subject to disclosure under Chapter 119, F.S. as
amended.
(d) Suspension or termination constitutes final Corporation action under
Chapter 120, F .S., as amended. Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The Subrecipient shall return funds to the Corporation if found in non-
compliance with laws, rules and regulations governing the use of the funds under this Contract.
(f) This Contract may be terminated by the written mutual consent of the
parties.
(g) Notwithstanding the above, the Subrecipient shall not be relieved of
liability to the Corporation by virtue of any breach of Contract by the Subrecipient. The
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Corporation may, to the extent authorized by law, withhold any payments to the Subrecipient for
purpose of set-off until such time as the exact amount of damages due the Corporation from the
Subrecipient is determined.
(h) The Corporation shall have the right to terminate this Contract for
convenience under 24 CFR S 85.44.
(11) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Contract shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to the
representative identified below.
(b)
The Corporation's contract manager for this Contract is:
Esrone McDaniels
Deputy Development Officer, Homeownership
Florida Housing Finance Corporation
227 '\forth Bronough Street, Suite 5000
Tallahassee, FL 32301-1329
(c)
of this Contract is:
The Representative of the Subrecipient responsible for the administration
Contact Person: Ronald W. McLemore
Title: City Manager
Subrecipient Entity: City of Winter Springs
Address: 1126 East State Road 434
City, State, ZIP: Winter Springs, FL 32708-2799
(d) In the event that different representatives are designated by either party
after execution of this Contract, notice ofthe name, title and address of the new representative
will be rendered as provided in Paragraph (11)(a) above.
(12) OTHER PROVISIONS.
(a) The validity ofthis Contract is subject to the truth and accuracy of all the
information and representations in the HOME Again Application and in all materials submitted
or provided by the Subrecipient in this Contract, in any subsequent submission or response to the
Corporation's request or in any submission or response to fulfill the requirements of this
Contract and such information, representations and materials are incorporated by reference. The
lack of accuracy thereof or any material changes shall, at the option of the Corporation and with
thirty (30) days written notice to the Subrecipient, cause the termination of this Contract and the
release of the Corporation from all its obligations to the Subrecipient.
(b) This Contract shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Contract shall lie in Leon County. If any provision
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hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Contract.
(c) No waiver by the Corporation of any right or remedy granted hereunder or
failure to insist on strict performance by the Subrecipient shall affect or extend or act as a waiver
of any other right or remedy of the Corporation hereunder or affect the subsequent exercise of
the same right or remedy by the Corporation for any further or subsequent default by the
Subrecipient. Any power of approval or disapproval granted to the Corporation under the terms
ofthis Contract shall survive the terms and life of this Contract as a whole.
(d) The Contract may be executed in any number of counterparts, anyone of
which may be taken as an original.
(13) AUDIT REQUIREMENTS.
(a) The Subrecipient agrees to establish and implement financial procedures
and maintain supporting documents, iT' Ilccordance with generally accepted accounting
principles, to account for the receipt and expenditure of funds under this Contract.
(b) These records shall be available at all reasonable times for inspection,
review or audit by federal and state auditors, Corporation staff, and other personnel duly
authorized by the Corporation. "Reasonable" shall be construed according to circumstances, but
ordinarily shall mean normal business hours of8:00 a.m. to 5:00 p.m., local time, Monday
through Friday.
(c) The Subrecipient shall also provide the Corporation with the records,
reports or financial statements upon request for the purposes of auditing and monitoring the
funds awarded under this Contract.
(d) The Subrecipient shall provide the Corporation with an annual financial
audit report which meets the applicable requirements of Sections 11.45 and 218.39, F.S., and
Chapter 10.550, Rules of the Auditor General, OMB Circular A-133, and, to the extent
applicable, the Single Audit Act of 1984, as amended, 31 U.S.C. S 7501-7507, for the purposes
of auditing and monitoring the funds awarded under this Contract.
1. The annual financial audit report shall include all management
letters and the Subrecipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of federal
awards specifically identifying all Contract revenue by sponsoring agency and Contract number.
3. The complete financial audit report, including all items specified in
Paragraph (13)(d)(I) and (2) above, shall be sent by mail or electronically directly to:
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Florida Housing Finance Corporation
Homeownership Staff
227 N. Bronough Street
Suite 5000
Tallahassee, Florida 32301
Esrone.McDaniels@Floridahousing.org
(e) In the event the audit shows that the entire funds, or any portion thereof,
were not spent in accordance with the conditions of this Contract, the Subrecipient shall be held
liable for reimbursement to the Corporation of all funds not spent in accordance with these
applicable regulations and Contract provisions within thirty (30) days after the Corporation has
notified the Subrecipient of such non-compliance.
(f) The Subrecipient shall retain all financial records, supporting documents,
statistical records and any other documents pertinent to this contract for a period of three years
after the date of submission of the final expenditures report. However, if litigation or an audit
has been initiated prior to the expiration of the three-year period, the records shall be retained
until the litigation or audit findings have been resolved.
(g) The Subrecipient shall have all audits completed by an independent
certified public accountant (CPA) who shall either be a certified public accountant or a public
accounting firm licensed under Chapter 473, F.S. The CPA shall state that the audit complied
with the applicable provisions noted above.
(14) SUBCONTRACTS.
(a) If the Subrecipient subcontracts any or all ofthe work required under this
Contract, the Subrecipient agrees to include in the subcontract that the subcontractor is bound by
the terms and conditions ofthis Contract with the Corporation.
(b) The Subrecipient agrees to include in the subcontract that the
subcontractor shall hold the Corporation and Subrecipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Contract, to
the extent allowed and required by law.
(c) If the Subrecipient subcontracts for work under this Contract, a copy of
the executed subcontract must be forwarded to the Corporation within ten (10) days after
execution.
(15) TERMS AND CONDITIONS. The Contract contains all the terms and conditions
agreed upon by the parties.
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(16) ATTACHMENTS.
( a) All attachments to this Contract are incorporated as if set out fully herein
(b) In the event of any inconsistencies or conflict between the language of this
Contract and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(17) FUNDING / CONSIDERATION.
(a) The Subrecipient agrees to expend funds in accordance with the
participant's scope of work. The scope of work is to be supplied to the Corporation prior to
receiving a draw request for a participant. Subrecipient may transfer funds between budget
categories in the scope of work as long as the total amount of the transfer, whether increase or
decrease, does not exceed fifteen percent (15%) of the total approved budget category and the
transfer is made to an approved budget line item. If an additional transfer above the 15% limit is
required, a revised scope of work must be supplied to the Corporation. Under no circumstances
can the changes increase the total budgeted allocation.
(b) Disbursement Requests. Subrecipient should follow the draw instructions
and use the Draw Request Form and Homeowner/Contractor Affidavit, (Attachments G & H,
respectively), when requesting payment. All requests for disbursements shall be supported by
invoices or like documents sufficient to document the amount and purpose of the disbursement,
date(s) the goods/services were provided, and the identity of the homeowner. The amount of
each request shall be limited to the amount needed to accomplish the stated purpose and up to
10% of the total draw amount for Administration. No disbursement shall be made until it is
actually needed for payment. The attached Certificate of Incumbency (Attachment I) shall be
executed by those persons with signatory authority for draw requests and submitted to the
Corporation upon execution of this Contract.
(18) STANDARD CONDITIONS. The Subrecipient agrees to be bound by the
following standard conditions:
(a) The Corporation has no obligation to payout federal funds under this
Contract, but is acting as the participating jurisdiction designated to administer federal funds
under the HOME Investment Partnerships Act. The Corporation's obligation to pay under this
Contract is contingent upon an annual appropriation by HUD.
(b) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof.
(c) The Corporation reserves the right to unilaterally cancel this Contract for
refusal by the Subrecipient to allow public access to all documents, paper, letters or other
material subject to the provisions of Chapter 119, F.S. and made or received by the Subrecipient
in conjunction with the Contract.
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(d) Subrecipients applying for an extension of the Contract period must
request the extension in writing at least sixty (60) days prior to the end of the Contract period.
The Subrecipient must state a specific length of time needed to complete the work under this
Contract and the reason the extension is needed. The Subrecipient must provide the past
performance history and a comprehensive work completion plan. The Subrecipient must provide
assurance that the extension will result in the successful completion of the work contemplated in
this Contract.
(19) SPECIAL HOME PROGRAM CONDITIONS.
(a) Use of HOME Funds. The HOME funds governed by this Contract shall
be used to perform the tasks listed in Attachment A and for no other purpose. Attachment A
shall also list the tasks to be performed in completing the Project, a schedule for completing the
tasks and the budget for completing the task. All HOME funds governed by this Contract shall
be used in a manner that is consistent with the provisions of 24 CFR S 92.205 through 92.208
and Rule 67-50, F.A.C.
(b) The Subrecipient shall act as agent for the Corporatiro'1, making loans to
participants on behalf of the Corporation. Each loan shall be evidenced by the Corporation
through a Promissory Note and secured by a Subordinate Mortgage; each Promissory Note and
each Subordinate Mortgage must provide that the loan becomes due upon the sale or voluntary
transfer of the property, upon the death of the participant or when the participant fails or ceases
to occupy the property as his, her or their principal residence, whichever occurs earlier, and that
the Promissory Note and Subordinate Mortgage, shall be binding upon the heirs, successors,
assigns and transferees of the participant, as required by 24 CFR S 92.254 and by Rule 67-
50.105, F.A.C.
(c) Types of Loans. HOME Again loans shall be a non-amortizing, zero
percent (0%) interest rate, deferred principal loan which will have a minimum loan amount to
eligible participants of $1 ,000 and a maximum loan amount of $50,000. If the eligible
participant has an income level at or below fifty percent of the County's area median income
(AMI) in which the home is located, fifty percent (50%) of the loan may be forgiven at a rate of
ten percent (10%) per year over a period of five (5) years. Upon the first to occur of any ofthe
conditions mentioned in Paragraph (19)(b), repayment for participants at or below fifty percent
AMI will be prorated on a monthly basis, giving the participants the benefit of the entire month
in which a payoff of the mortgage is quoted.
(d) Repayment. All loans made by the Subrecipient on behalf of the
Corporation shall be repaid directly to the Corporation at 227 North Bronough Street, Suite 5000,
Tallahassee, Florida 32301-1329 or at such other address as the Corporation may direct.
( e) Proj ect Requirement. The proj ect funded under this Contract shall meet
all relevant requirements of24 CFR S 92.250, .251, .254, and .257. The project must also meet
the requirements of Rule 67-50, F.A.C.
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(f) Housing Quality Standard. All housing assisted with HOME funds shall
meet the requirements of24 CFR ~ 92.251 and Florida Housing's Minimum Rehabilitation
Standards (Attachment J) for the duration of this Contract or any modifications, amendments or
successor contracts hereto.
(g) Other Program Requirements. The Corporation will be responsible for all
entries into HUD's Integrated Disbursement and Information System (IDIS). The Subrecipient
agrees to comply with all federal laws and regulations as described in 24 CFR ~ 92.350 through
~ 92.358. Additionally, the Subrecipient will be responsible for completing the Environmental
Statutory Checklist for each participant pursuant to 24 CFR ~ 92.3521 and 58.5. The
Environmental Review Procedures and Environmental Statutory Checklist are affixed to this
agreement as the Environmental Analysis and Procedures (Attachment K).
(h) Religious Organizations. If the Subrecipient is or was created by a
religious organization, it is hereby agreed that all HOME funds disbursed under this Contract
shall be subject to the conditions, restrictions and limitations in 24 CFR ~ 92.257.
(i) Non-Discr.l11ination. The Subrecipient shall not discriminate agai!'''lt any
person or family on the grounds of race, color, national origin, age, sex, religion, family status,
handicap, nor against persons or families on the basis of their having minor children. The
Subrecipient further agrees to meet the equal opportunity and fair housing requirements as
contained in 24 CFR ~ 92.350.
(j) Enforcement of Agreement. Any violation of this Contract which remains
uncured after the expiration of the thirty (30) days after the Corporation shall have notified the
Subrecipient of the violation by certified mail may, at the option of the Corporation, be
addressed by an action for damages or equitable relief, including, but not limited to, a foreclosure
on any mortgage or security interest, an action to recover unpaid principal, accrued interest and
fees, sale, transfer, lease or conveyance of any property seized as a result of the legal actions
described above or any other legal remedy provided in law or equity.
In addition to the above, if the Subrecipient materially fails to comply with the terms of
this Contract, the Corporation may suspend or terminate the Contract in accordance with 24 CFR
~ 85.43 and, in addition, the Corporation may terminate this Contract for convenience in
accordance with 24 CFR ~ 85.44.
(20) UNIFORM ADMINISTRATIVE REQUIREMENTS. This Contract shall be
subject to the requirements of OMB Circulars No. A-II 0, for non-profits, and A-I 02, for local
governments, and relevant sections of24 CFR ~ 85 and ~ 84, respectively.
(21) REALLOCATION OF HOME FUNDS. IfSubrecipient either fails to request
disbursement of any HOME funds for a period of six consecutive months, fails to request an
extension or fails to disburse the entire allocation of HOME funds in this Contract within two
years of the date of this Contract, the Corporation may, at its option and upon twenty-one (21)
days written notice to Subrecipient, reallocate part or all of any remaining HOME funds to
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another eligible HOME program or project. Such action constitutes final agency action under
Chapter 120, F.S. and notification of such reallocation shall include notice of Subrecipient's
rights to an administrative hearing.
(22) LOBBYING PROHIBITION. The Subrecipient certifies, by their signature to
this Contract, that to the best of his or her knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of the Corporation or any state agency, a member of Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative contract and the extension, continuation, renewal, amendment or
modification of any federal contract, grant, loan or cooperative contract.
(b) 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 the
Corporation or any state agency, a member of r:ongress, an officer or employee of Congress, or
an employee of a member of Congress in connection with this federal contract, grant, loan or
cooperative contract, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants
and contracts under grants, loans and cooperative contracts) and that all Subrecipents shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,
U.S.c. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
(d) No funds or other resources received from the Corporation in connection
with this Contract may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state agency.
(23) LEGAL AUTHORIZATION. The Subrecipient certifies with respect to this
Contract that it possesses the legal authority to receive the funds to be provided under this
Contract and that, if applicable, its governing body has authorized, by resolution or otherwise,
the execution and acceptance of this Contract with all covenants and assurances contained
herein. The Subrecipient also certifies that the undersigned possesses the authority to legally
execute and bind Subrecipient to the terms of this Contract.
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(24) FURTHER ASSURANCES OF SUBRECIPIENT. Subrecipient makes the
following further assurances to the Corporation:
(a) No member of or delegate to Congress shall be admitted to any share or
part of this Contract or to any benefit to arise from the same. No member, officer or employee of
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 their tenure or for
one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed in connection with the program assisted under
this Contract. The Subrecipient shall incorporate or cause to be incorporated in all such contracts
or subcontracts a provision prohibiting such interest pursuant to the provisions stated above.
(b) It will comply with Title VIII ofthe Civil Rights Act of 1968 (Pub. L. 90-
284), as amended, administering all programs and activities relating to housing in a manner to
affirmatively further fair housing, and it will take action to affirmatively further fair housing in
the financing of housing, and provision of brokerage services.
(c) It will comply with 24 CFR 9 107, Nondiscrimination and Equal
Opportunity in Housing under Executive Order 11063;
(d) It will establish safeguards to prohibit employees from using positions for
a purpose that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business or other ties
pursuant to Sections 112.313 and 112.3135, F.S. and 24 CFR 9 92.356.
(e) It will comply with the Anti-kickback (Copeland) Act of 1934, 18 U.S.c.
9 874 and 40 D.S.C. 9 276a, which outlaws and prescribes penalties for "kickbacks" of wages in
federally financed or assisted construction activities.
(f) It will comply with the Hatch Act, 5 CFR 9 151, which limits the political
activity of employees.
(g) It will ensure that the facilities under its ownership, lease or supervision
which shall be utilized in the accomplishment ofthe program are not listed on the Environmental
Protection Agency's List of Violating Facilities, and it will notify the Corporation of the receipt
of any communication from the Director of the E.P.A. Office of Federal Activities indicating that
a facility to be used in the project is under consideration for listing by the E.P.A.
(h) It will, in connection with its performance of environmental assessments
under the National Environmental Policy Act of 1969, complete and properly document an
Environmental Review Record for each activity. The Subrecipient will complete a compliance
determination analysis using the Environmental Statutory Checklist (Attachment K), pursuant to
24 CFR 9 58.5 and 58.6.
13
(i) It will comply with the Cost-Effective Energy Conservation Standards
contained in 24 CFR S 39.
(j) It will abide by the provisions of Section 116.111, F .S., pertaining to
nepotism in its performance under this Contract.
[REMAINDER OF PAGE IS LEFT INTENTIONALLY BLANK]
14
SIGNATURE PAGE FOR
HOME Again
SUBRECIPIENT CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
LOCAL GOVERNMENT/PHA/NON-PROFIT NAME:
CITY OF WINTER SPRINGS
By
Witness
Printed Name
Printed Name
Title
Witness
Date
Printed Name
Federal Tax LD. Number
FLORIDA HOUSING FINANCE CORPORATION
By
Witness
Printed Name
Printed Name
Title
Witness
Date
Printed Name
15
SIGNATURE PAGE FOR
HOME Again
SUBRECIPIENT CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
LOCAL GOVERNMENT/PHAlNON-PROFIT NAME:
CITY OF WINTER SPRINGS
By
Witness
Printed Name
Printed Name
Title
Witness
Date
Printed Name
Federal Tax I.D. Number
FLORIDA HOUSING FINANCE CORPORATION
By
Witness
Printed Name
Printed Name
Title
Witness
Date
Printed Name
15
ATTACHMENT "2"
Meridian Community Services Group,
Inc.
Agreement
THE CITY OF WINTER SPRINGS, FLORIDA
CONTRACT FOR HOME AGAIN DISASTER RECOVERY
EMERGENCY SET-ASIDE FOR PROGRAM ADMINISTRATION/MANAGEMENT
SERVICES
THIS CONTRACT is made and entered into this _ day of ,2005,
by and between the City of Winter Springs (hereinafter the OWNER) and Meridian
Community Services Group, Inc., (hereinafter MERIDIAN). This Contract shall become
effective immediately, with Program Administration and Management Services subject to
the beginning date of the OWNER's Grant Award Agreement between the OWNER and the
Florida Housing Finance Corporation (hereinafter FHFC).
WHEREAS, the OWNER has selected MERIDIAN to perform Program Administration and
Management Services for a HOME Disaster Relief Housing Assistance Program through a
non-competitive procurement pursuant to emergency provisions outlined in 24 C.F.R.
Section 85.36 for competitive procurement and as deemed necessary to obtain these
services on an emergency basis for the Owner.
NOW THEREFORE, in consideration of the mutual covenants and agreements as
contained herein to be kept by and between the parties, the OWNER and MERIDIAN agree
as follows:
A. Covenant for Services
The OWNER does hereby contract with MERIDIAN to perform the services described
herein and MERIDIAN does hereby agree to perform such services under the terms and
conditions set forth in this Contract.
B. Availability of Funds
Payment of funds pursuant to this Contract is subject to and conditioned upon the release of
authorized appropriations from the FHFC. MERIDIAN shall be paid in accordance with
Section D of this Contract. The OWNER's Grant Award Agreement from FHFC shall
become part of this Contract consistent with the requirements established in Florida
Administrative Code, Section 67-50.
C. Scope of Services
(1) I ntent of this Contract
MERIDIAN agrees, under the terms and conditions of this Contract and the applicable
federal, state and local laws and regulations, to undertake, perform, and complete the
necessary Program Administration and Management Services required to implement and
complete the OWNER's HOME Disaster Relief Housing Assistance Program in compliance
with applicable laws and regulations.
1
(2) Scope of Services - Program Administration and Management
Services
. Representation during site visits and monitorings
. Develop project information management and filing system
. Develop project financial management system for receiving and
disbursing funds
. Maintain project account records
. Develop Workplans for project contract document
. Preparation of project contract document
. Develop budget for project contract
. Environmental Review
. Oversight of project schedule and compliance
. Coordination with other agencies and contracts, as necessary
. Request Wage Decisions
. Budget tracking
. Review bid documents and contract documents for compliance
. Conduct Preconstruction Conference
. Housing rehabilitation work write-ups
. Housing rehabilitation inspections
. Housing rehabilitation bidding and construction coordination
. Oversight of citizen complaint process
. Monitor contractor, engineer, and construction specialist progress
. Supervision of payment authorizations
. Develop and process amendments, as needed
. Review change orders and amendments for compliance, as needed
. Provide regular project status reports to Commission
. Monitor all project activity to ensure compliance
. Provide all other necessary technical assistance
. Review final change order, pay request, and construction documents
. Balance final project budget
. Gather all necessary supporting documents
. Prepare documents for administrative/financial close out
. Prepare final status report
If the Grant Award Agreement between the OWNER and FHFC is amended, the scope of
services for the project shall be amended to be consistent with that Agreement.
D. Consideration and Method of Pavment for Services
(1) Amount of Consideration
For Program Administration and Management Services, for a HOME Disaster Relief
Housing Assistance Program for Housing Rehabilitation and/or Replacement activities the
OWNER will pay MERIDIAN the sum of 10% of the grant award, subject to availability of
grant funds. The OWNER shall issue the fee amount to MERIDIAN over a period of twenty-
four (24) months and shall be paid in 24 equal monthly payments. If the project is
completed in less than 24 months, the balance of the administration fee will be paid to
MERIDIAN after completion and submission of the Closeout Status Report to FHFC.
2
(2) Method of Payments
MERIDIAN will submit a monthly invoice, which will reflect an equal monthly amount due for
the Housing Rehabilitation grant. The invoice shall be submitted to the OWNER for the
OWNER's review and approval. Payment will be issued within three (14) days of approval
of the invoice, subject to availability of project funds.
(3) Additional Services
If additional services are requested or required, then the additional services shall be
established based on the hourly rates identified in Attachment C of this Contract. Additional
services shall include additional project management due to construction delays beyond the
construction contract period. The liquidated fee clause established in the construction
contract would be utilized to pay for the additional services caused by the construction
delays.
E. Subcontracts
(1) MERIDIAN will obtain prior approval in writing, from the OWNER
before entering into any subcontract for this project. If MERIDIAN subcontracts any of the
work required under this Contract, MERIDIAN agrees to include in the subcontract that the
subcontractor is bound by the terms and conditions of this Contract with the OWNER.
(2) MERIDIAN agrees to include in the subcontract that the
subcontractor shall indemnify and hold harmless the FHFC, the OWNER and MERIDIAN
from and against all claims of whatever nature by the subcontractor arising out of the
subcontractor's performance of work under this Contract.
F. Modification of Contract
All modifications or amendments to this Contract shall be in writing, executed with the same
formalities as this Contract, and addressed to the appropriate parties hereto and given
personally, by registered or certified mail, return receipt requested, by facsimile, or by a
national recognized overnight courier service. All modifications or amendments shall be
effective upon the date of receipt and attached to the original of this Contract. The amount
of compensation to be paid to MERIDIAN will not be amended without mutual agreement of
the OWNER and MERIDIAN, formally executed in writing, subject to availability of funds.
G. Termination (Cause and/or Convenience)
(1) This Contract may be terminated in whole or in part in writing by
either party in the event of substantial failure by the other party to fulfill its obligations under
this Contract through no fault of the terminating party, provided that no termination may be
effected unless the other party is given (1) not less than ten (10) calendar days written
notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an
opportunity for consultation with the terminating party prior to termination.
(2) This Contract may be terminated in whole or in part in writing by the
OWNER for its convenience, provided that the other party is afforded the same notice and
consultation opportunity specified in G. (1) above.
(3) If termination for default is effected by the OWNER, an equitable
adjustment in the price for this Contract shall be made, but (1) no amount shall be allowed
for anticipated profit on unperformed services or other work, and (2) any payment due to
MERIDIAN at the time of termination may be adjusted to cover any additional costs to the
OWNER because of MERIDIAN's default.
3
For any termination, the equitable adjustment shall provide for payment to MERIDIAN for
services rendered and expenses incurred prior to receipt of the notice of intent to terminate,
in addition to termination settlement costs reasonably incurred by MERIDIAN relating to
commitments (e.g., suppliers, subcontractors) which had become contracted prior to receipt
of the notice of intent to terminate.
(4) Upon receipt of a termination action under paragraphs (1) or (2)
above, MERIDIAN shall (1) promptly discontinue all affected work (unless the notice directs
otherwise) and (2) deliver or otherwise make available to the OWNER all data, drawings,
reports specifications, summaries and other such information, as may have been
accumulated by MERIDIAN in performing this Contract, whether completed or in process.
(5) Upon termination, the OWNER may take over the work and may
award another party a Contract to complete the work described in this Contract.
(6) If, after termination for failure of MERIDIAN to fulfill contractual
obligations, it is determined that MERIDIAN had not failed to fulfill contractual obligations,
the termination shall be deemed to have been for the convenience of the OWNER. In such
event, adjustment of the contract price shall be made as provided in paragraph (3) above.
H. Remedies
Unless otherwise provided in this Contract, all other matters in question between the
OWNER and MERIDIAN, arising out of or relating to this Contract, or the breach of it, will be
decided by a Florida court of competent jurisdiction. The venue for any legal action or other
proceedings, which might arise from this Contract, shall be Seminole County, Florida.
I. Liabilitv
(1) MERIDIAN shall be responsible for all damages to persons or
property that occur as a result of MERIDIAN's fault or negligence in connection with work
performed under the provisions of this Contract, and MERIDIAN shall be financially and
otherwise responsible for the proper care and protection of all such work performed until
completion thereof and final acceptance by the OWNER. MERIDIAN maintains $1,000,000
of Professional Liability Insurance, $2,000,000 of General Liability Insurance, $1,000,000 of
Automobile Liability Insurance and $100,000 per accident of Workers Compensation and
Employers' Liability Insurance through Old Dominion Insurance and will do so throughout
the course of the project. Documentation regarding insurance will be made available upon
request.
(2) MERIDIAN shall indemnify and save harmless the OWNER, its
agents, and employees from liability for any injury or damages to persons or property
resulting from MERIDIAN's prosecution of work pursuant to the provisions of this Contract.
J. EnerQY Efficiency
MERIDIAN shall comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163).
K. Proiect Representatives
The OWNER's Project Manager for this Contract is: Ronald W. McLemore, City Manaqer.
4
MERIDIAN's Project Grants Manager responsible for the planning and application services
of this Contract is Calvin Knowles, Director of Community Development, Meridian
Community Services Group, Inc., 5925 Imperial Parkway, Suite 128, South Lakeland,
Florida 33860 and Lisa A. Blair, President, Meridian Community Services Group, Inc., Post
Office Box 13408, Tallahassee, Florida 32317. In the event that different representatives
are designated by either party after execution of this Contract, notice of the name and
address of the new representative will be rendered in writing to the party and said
notification attached to the original of this Contract.
L. Terms and Conditions
This Contract contains all the terms and conditions agreed upon by the parties.
M. Eliqibilitv
MERIDIAN certifies that it is eligible to receive state and federally funded contracts.
MERIDIAN also certifies that no party, which is ineligible for such work, will be
subcontracted to perform services under this Contract.
N. Conflict of interest
No member of or Delegate to the Congress of the United States, or Resident
Commissioner, and no elected state official or state employee shall share in any proceeds
of this Contract, or in any benefit to arise from it. No officer or employee of the local
jurisdiction or its designers or agents, no member of the governing body, and no other
official of the locality who exercises any function or responsibility with respect to this
Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed.
Further, MERIDIAN shall cause to be incorporated in all subcontracts the language set forth
in this paragraph prohibiting conflict of interest.
O. Federal Statutorv Requirements
When applicable, MERIDIAN and the OWNER shall comply with the provisions contained in
Attachment A and incorporated herein.
P. Attachments
This Contract is subject to the provisions of the following Attachments, which are attached
to and made a part of this Contract:
(1) Attachment A, "Federal Provisions", consisting of three (3) pages.
(2) Attachment B, "Section 3 and Affirmative Action Plan", consisting of
one (1) page.
(3) Attachment C, "Fee Schedule", consisting of one (1) page.
(4) Attachment D, "Sworn Statement on Public Entity Crimes",
consisting of two (2) pages.
5
IN WITNESS WHEREOF, the parties have executed this Contract the day and year first
written above.
MERIDIAN COMMUNITY SERVICES GROUP, INC.
By:
Name and Title: Lisa A. Blair. President
Attest:
THE CITY OF WINTER SPRINGS
By:
Name and Title:
Attest:
6
ATTACHMENT A
FEDERAL PROVISIONS
1. Eaual Emplovment Opportunity
During the performance of this Contract, MERIDIAN agrees as follows:
a. MERIDIAN will not discriminate against any employee or applicant for
employment because of age, race, sex, national origin, ethnic background, and handicap
status. MERIDIAN will take affirmative action to ensure that applicants are employed, and
that employees are treated fairly during employment, without regard to their race, creed,
sex, color or national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or
termination, rates of payor other forms of compensation; and selection for training,
including apprenticeship. MERIDIAN agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the OWNER setting
forth the provisions of this non-discrimination clause.
b. MERIDIAN will, in all solicitation or advertisements for employees placed by
or on behalf of MERIDIAN, state that all qualified applicants will receive consideration for
employment without regard to age, race, sex, national origin, ethnic background, and
handicap status.
c. MERIDIAN will cause the foregoing provISions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions will be binding
upon each subcontractor, provided that the foregoing provisions shall not apply to contracts
or subcontracts for standard commercial supplies or raw materials.
d. MERIDIAN will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR Chapter 60).
e. MERIDIAN will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records and
accounts by the OWNER and the Florida or United States Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of MERIDIAN's non-compliance with the equal opportunity
clauses of this Contract or with any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part and MERIDIAN may be declared
ineligible for further government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. MERIDIAN will include the provisions of paragraphs (a) through (g) in
every subcontract or purchase order unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
MERIDIAN will take such action with respect to any subcontract or purchase order as the
local governing authority(s) representative may direct as a means of enforcing such
provisions including sanction for non-compliance: Provided, however, that in the event
7
MERIDIAN becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the OWNER, MERIDIAN may request the United
States to enter into such litigation to protect the interests of the United States.
2. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial
assistance.
3. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under Title I of the Housing and Community Development Act.
4. "Section 3" Compliance in the Provision of Training. Emplovment. and
Business Opportunities
a. The work to be performed under this Contract is assisted by direct federal
assistance from the U.S. Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR
Part 135), as amended, 12 U.S.C. 170. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given to lower income residents of
the project area and contracts for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
b. The parties to this Contract will comply with the provisions of said Section 3
and regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this Contract. The parties to this Contract certify
and agree that they are under no contractual or other disability, which would prevent them
from complying with these requirements.
c. MERIDIAN will send to each labor organization or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or worker's representative of his
commitments under this Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants-for employment or training.
d. MERIDIAN will include this Section 3 clause in every subcontract for work
in connection with the project and will, at the direction of the applicant for or recipient of
federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, CFR Part 135. MERIDIAN will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation of
regulations under CFR Part 135 and will not let any subcontract unless the subcontractor
has first provided it with a preliminary statement of ability to comply with the requirements of
these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior
to the execution of this Contract, shall be a condition of the federal financial assistance
8
provided to the project, binding upon the applicant or recipient for such assistance, its
successors and assigns. Failure to fulfill these requirements shall subject the applicant or
recipient, its contractors and subcontractors, its successors and assigns to those sanctions
specified by the grant or loan agreement or contract through which federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
5. Access and Retention to Records
The OWNER, the FHFC, the U.S. Department of Housing and Urban Development, the
Comptroller General of the United States, and any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of MERIDIAN which are
directly pertinent to this Contract for the purpose of making audit, examination, excerpts,
and transcriptions. MERIDIAN shall retain all records relating to this Contract for three (3)
years after the OWNER makes final payment and all other pending matters are closed.
9
ATTACHMENT B
SECTION 3 AND AFFIRMATIVE ACTION PLAN
1. MERIDIAN will solicit and evaluate applications for employment in a manner that is
non-discriminatory based upon age, race, sex, national origin, ethnic background, and
handicap status.
2. When training and/or employment opportunity arises in connection with this project,
MERIDIAN will, to the greatest extent feasible, provide maximum opportunity to lower
income residents of the project. Employment opportunity will be locally advertised in a
manner that will ensure that potentially eligible applicants are 1) made aware of the
opportunity, and 2) provided a convenient way to apply for employment.
3. During this project, MERIDIAN will seek to purchase necessary goods and/or
services from businesses that are located in, or owned by persons residing in the
jurisdiction.
4. MERIDIAN will utilize the HUD and Florida lists of minority businesses in filling
subcontracting and/or purchasing needs.
5. MERIDIAN will include applicable equal opportunity provisions in subcontracts
issued in connection with this project.
6. MERIDIAN shall publicize and post this policy in a conspicuous place available to
employees and applicants for employment and training.
7. MERIDIAN is under no contractual or other disability, which would prevent
compliance with this policy.
10
ATTACHMENT C
FEE SCHEDULE
Where grant funds cannot be used or for additional services the following schedule will be
utilized:
Description
Fee*
Principal
$150.00 per hour
Data Processing
$120.00 per hour
$ 100.00 per hour
$ 100.00 per hour
$ 120.00 per hour
$ 90.00 per hour
$ 90.00 per hour
$ 38.00 per hour
$ 26.00 per hour
Director of Grant Services
Project Grants Manager
Chief Financial Officer
Director of Project Development
Production Manager
Construction Specialist
Administrative Assistant
*Please note that all fees include overhead, travel, office supplies, benefits, etc.
11
ATTACHMENT D
SWORN STATEMENT UNDER
SECTION 287.133(3)(a), Florida Statutes,
ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to The City of Winter Sprinas by Lisa A. Blair. President
for
MERIDIAN Community Services Group. Inc., whose business address is Post Office Box 13408.
Tallahassee. Florida 32317, and its Federal Employer Identification No. (FEIN) is 20-0021782.
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political subdivision
of any other state or of the United States, including, but not limited to, any bid or contract for goods
or services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida
Statues, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea
of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statues,
means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into a binding contract and which bids or applies to bid on contracts for
the provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
12
6. Based on information and belief, the statement, which I have marked below, is true in
relation to the entity submitting this sworn statement. (Please indicate which statement applies.)
-L
Neither the entity submitting this sworn statement, nor any
officers, directors, executives, partners, shareholders, employees, members, or
agents who are active in management of the entity, nor any affiliate of the entity has
been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its
officers, directors, executives, partners, shareholders, employees, members, or
agents who are active in management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its
officers, directors, executives, partners, shareholders, employees, members, or
agents who are active in the management of the entity, or an affiliate of the entity
has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer
of the State of Florida, Division of Administrative Hearings and the Final Order
entered by the Hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list.
(Attach copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUES, FOR CATEGORY
TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Signature
day of
,2005.
Sworn to and subscribed before me this
Personally known X
Notary Public - State of Florida
or Produced Identification
My commission expires:
(Type of Identification)
...,<'~ .oibl.
(Printed, typed or stamped
commissioned name of notary public)
13