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HomeMy WebLinkAbout2005 02 28 Regular 503 HOME FUNDS to Repair Damage from Recent Hurricanes 022805 _ COMM _Regular _ 503_ Disaster _ RelieC Grant COMMISSION AGENDA ITEM 503 Consent Informational Public Hearing Regular X February 28.2005 Regular Meeting (1- Mg;. / Dept. Authorization REQUEST: City Manager requesting authorization from the City Commission to execute an Agreement with the Florida Housing Finance Corporation to provide DISASTER RELIEF HOME ASSISTANCE PROGRAM FUNDS to fund repairs to homes in Winter Springs caused by recent hurricanes, and a contract with Meridian Community Services Group, Inc. to administer the program on behalf of the City, and adopt Resolution Number 2005-11 authorizing the City Manager to execute documents on behalf of the City. PURPOSE: The agenda item is needed to authorize agreements necessary to make HOME FUNDS available to low and moderate income families to repair damage resulting from recent hurricanes. CONSIDERATIONS: On January 10, 2005 the City Commission authorized the City Manager to apply for DISASTER RELIEF HOME ASSISTANCE FUNDS to assist low and moderate income families with the cost of repairing storm damage during the recent hurricanes. On February 4,2005 we were awarded the grant. The program will be administered by the Meridian Community Services Group, Inc., a company that specializes in housing related programs. A representative of Meridian will be here to explain the program in detail. 022805_ COMM _Regular _ 503 _Disaster _ RelieC Grant FUNDING: The cost of administering the grant is contained in the grant. No additional funds are needed from the City. RECOMMENDATION: It is recommended that the City Commission authorize the following; 1) City Manager to execute Agreements with the Florida Housing Finance Corporation to provide DISASTER RELIEF HOME FUNDS to the City; 2) authorize the City Manager to execute an agreement with Meridian Community Services Group, Inc. to administer the grant; 3) adopt Resolution Number 2005-11 authorizing the City Manager to execute project documents on behalf of the City. ATTACHMENTS: 1. Florida Home Finance Corporation Agreement 2. Meridian Community Services Group, Inc. Agreement 3. Resolution Number 2005-11 COMMISSION ACTION: ATTACHMENT "1" Florida Home Finance Corporation Agreement we HOME Again FHFC Disaster Relief HOME Assistance Program Florida Housing Finance Corporation Mailing Address: 227 N. Bronough Street, Suite 5000 Tallahassee, FL 32301 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 ofthe 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, 1 Date: 02/28/05 The following was provided to the City Commission during Regular Agenda Item "503" on 02/28/05 ,1 ... .,- f't" .. - 'e' ~_'..,... ') .' 0.. . . . CORPORATE PROFILE Meridian is a community and economic development consulting firm specialized in serving local governments and emerging businesses. Our staff is able to cater to a full range of needs facing communities, with professionals from a wide spectrum of fields, including: · Disaster Recovery · Housing Programs · Grant Consulting · Financial Management · Project Development and Planning · Construction Contract Administration · Environmental Permitting · Construction Inspection Our staff expertise and range of program services includes: housing, economic development, downtown revitalization, wastewater, drinking water, transportation, storm water, emergency management, recreation, historical preservation, environmental management, and community . services. .. MERIDIAN tor..,rn&.,I~ ~r.jCC>:i IlJ OJ!). In". ~,.~.. l':r' "'::"l} , EXPERIENCE All of our professionals have a minimum of 10 years or more of relevant experience, some with over 30 years. Our staff will bring the following experience to your community: · 100+ combined years of experience with housing, community and economic development programs for local governments, · 100+ years of experience in construction services, · Experience in administering more than $26,000,000 in COBG funds, · Experience of over 250 community and economic development and redevelopment projects funded through federal and state grants and low-interest loans, · Experience of obtaining and managing over $200,000,000 in federal, state, and other grant/loan funds addressing water, sewer, economic development, housing rehabilitation, roads, stormwater, solid waste, and recreation needs, and · Consistently Excellent Project Monitorings by State and Federal Funding Agencies. MERIDIAN -- to'rmL1i~ ~f..lcc!o III O.Jp. Inc. ~_. .' . . ",!- ~ ~ ~ j~ .-0: KEY STAFF ASS I G N MEN T SAND QUALIFICATIONS Director of Community Development, Calvin Knowles, MPA: Mr. Knowles will serve as the chief liaison between the City of Winter Springs and Meridian staff. Mr. Knowles has over 10 years of experience administering housing and community development programs for local governments both as a consultant and as staff. He has administered millions of dollars in state and local resources. Specifically, he was worked with the HOME program, SHIP program, CDBG, Tax Credits, special assessments and various disaster programs. . Don Ridley and Jay Moseley: Mr. Ridley and Mr. Moseley will provide construction management services for the HOME Again project in Winter Springs. These two professionals posses unparalleled experience in administering housing rehabilitation programs. They are also experienced in civil inspection and quality control construction including underground utilities, water treatment plants, sewer plants, power plants, earthwork, foundations, concrete, masonry, structural steel, welding, painting, de-watering systems, and roadway and asphalt construction. .. MERIDIAN cO'rmt.1Iti ~I..lc~ g, OJp. Inc. What is HOME Again? · HOME Again is a disaster recovery program administered by the Florida Housing Finance Corporation (FHFC) using funding from the U.S. Dept. of Housing and Urban Development (HUD). · Approximately $21 million in assistance was made available to communities in the State of Florida due to the numerous hurricanes in 2004. · HOME Again provides assistance to low income homeowners who have damage from either Hurricane Frances or Hurricane Jean. · Assistance is provided as a O-percent interest loan that is repaid to FHFC only if the home is sold or no longer the owner's principal residence. · The City of Winter Springs applied for and was awarded $300,000 for home repairs. .- MERIDIAN -- CP'T'i!l)Lf111:l/ ~"'1cc:; ill OJp. Int. How does HOME Again Work? Applicants must: · Have sustained damage from Hurricane Jean or Hurricane Frances. · Be low-to-moderate income (LMI) based on Federal guidelines (e.g., a family of four who earns $43,750 per year or less is considered LMI). · Own their home. · Agree to have all repairs made to the home in order to comply with minimum housing standards. · Enter into a Subordinate Mortgage with the FHFC that requires no payments unless the home is sold. .. MERIDIAN ccrr,mlo-'lll:ll ~1"ICQ:il1l10Jp. lof.. ~....ii,".. ~;;'~:b_" The HOME Again Budget Housing Rehabilitation: $241,072 Soft Costs: . $28,928 Administrative Costs: $30,000 - - MERIDIAN c'Cl'Tdnu!1l~ ~I....lc~ IVOJP. II'll:. f~. Meridian's Proposal · Meridian's proposed fee for administration is $30,000. · The fee is paid entirely from HOME Again program funds. .- MERIDIAN ~...,.'.'" . ::,"',." ' (,>")f~ ; cO!r,mL'lltl' ~f'oolcc:'llIo.Jp.lnc.. THE MERIDIAN ADVANTAGE · Proven Track Record with Housing Programs · Experience with Utility and Public Works Facilities · Former Agency Personnel on Staff · Full-Service Partner · Specialists in Local Government · Familiarity with Local Priorities -- MERIDIAN ~_. l:o(l",mL'lIfJ/ ~f...lc(!ol'o IV O.lp. Inc. MERIDIAN - ..----....0', ...1>--. -........ .-- ___''0' I ............_ -... .r_~. (c((][mrll1n ,1n~t,\!7 Self~~dn:c~s ~rop ~n fine. ~ w """" -~.'i .J u . .~ -. ~~ --;;;;...ro n'^'" t1 ... . THANK YOU .. MERIDIAN tommlo11l:l/ !'{:""lC~!lllJ O.lp. Int. 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 of the Corporation in doing so. The Subrecipient shall use the HOME funds to make deferred loans to individual participants in the name ofthe 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 tenrinated earlier in accordance with the provisions of Paragraph (10). (5) MODIFICATION OF CONTRACT. Either party may request modification of the provisions of this 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 9 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 9 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 9 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 2 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 shall comply with any additional reporting requirements f.,ntained in 24 CFR 9 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 9 92.509 with respect to the Subrecipient's use of HOME funds. 3 (8) MONITORING. The Subrecipient shall do all things necessary to assist the Corporation in carrying out its monitoring responsibilities as required by 24 CFR 9 92.504( d), which may, at the option ofthe 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 of the 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 9 92.502 shall, ifthf Corporation so elects, terminate and the Corporation m~lY 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, 4 and the pursuit of anyone 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 S 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 non-compliance or lack of performance, issuing a writte!l 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 5 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 'J"orth 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 of the name, title and address of the new representative will be rendered as provided in Paragraph (1l)(a) above. (12) OTHER PROVISIONS. (a) The validity of this 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 6 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, iJ'laccordance 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 of 8:00 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. g 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)(1) and (2) above, shall be sent by mail or electronically directly to: 7 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 ofthe 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 of this 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. 8 (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%) ofthe 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. 9 (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 oftime 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 ofthe 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 of24 CFR 9 92.205 through 92.208 and Rule 67-50, F.A.C. (b) The Subrecipient shall act as agent for the Corporatir'l1, 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 9 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 ofthe 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) Project Requirement. The project funded under this Contract shall meet all relevant requirements of24 CFR 9 92.250, .251, .254, and .257. The project must also meet the requirements of Rule 67-50, F.A.C. 10 (f) Housing Quality Standard. All housing assisted with HOME funds shall meet the requirements of24 CFR g 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 g 92.350 through g 92.358. Additionally, the Subrecipient will be responsible for completing the Environmental Statutory Checklist for each participant pursuant to 24 CFR g 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 S 92.257. (i) NOIl-Discrmination. The Subrecipient shall not discriminate agajr~t 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 g 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 g 85.43 and, in addition, the Corporation may terminate this Contract for convenience in accordance with 24 CFR g 85.44. (20) UNIFORM ADMINISTRATIVE REQUIREMENTS. This Contract shall be subject to the requirements of OMB Circulars No. A-11 0, for non-profits, and A-1 02, for local governments, and relevant sections of24 CFR g 85 and S 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 ofthis 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 11 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 Sub recipient'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 f: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, sub grants 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. 12 (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 ofthe 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 of the 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 U.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 ofthe receipt of any communication from the Director ofthe 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/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 CORPORA nON 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 LD. 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 ATTACHMENT "3" Resolution Number 2005-11 RESOLUTION NO: 2005-11 RESOLUTION OF THE CITY COUNCIL OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT ALL CONTRACTS, REPORTS, CORRESPONDANCE, AND OTHER DOCUMENTATION RELATING TO THE HOME AGAIN - FLORIDA HOUSING FINANCE CORPORATION DISASTER RELIEF HOME ASSISTANCE PROGRAM. NOW, THERFORE, BE IT RESOLVED by the CITY COUNCIL of Winter Springs, Florida, on the 28th day of February, 2005, as follows: WHEREAS, the City of Winter Springs is experiencing a need for physical improvements to benefit low-to-moderate income persons as a result of damage from recent hurricane events; SECTION 1. That the HOME Again Program is declared to be a viable program for providing needed physical improvements to benefit low-to-moderate income persons impacted by recent hurricane events. SECTION 2. That the Florida Housing Finance Corporation (FHFC) has awarded the City of Winter Springs $300,000 in HOME Again funds to assist low-income persons impacted by the recent hurricane events. SECTION 3. That the CITY COUNCIL hereby directs the City Manager to sign all necessary contracts, reports, correspondence and other documentation necessary for the administration of the HOME Again Program. SECTION 4. That the City Manager is authorized and directed to submit additional information in a timely manner as may be required by FHFC. SECTION 5. That this Resolution shall take effect immediately upon its passage. Attest City Manager APPROVED AS TO FORM AND CORRECTNESS City Attorney CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA 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 J ~~ day of ~O \ \. ' 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 0 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. ScoDe of Services (1) Intent of this Contract MERIDIAN agrees, and represents and warrants, 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 Payment 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, attorneys, commissioners, and employees from any and all liability for any injury or damages to persons or property (including all attorney's fees and costs) resulting from MERIDIAN's prosecution of work pursuant to the provisions of this Contract. (3) MERIDIAN acknowledges that their services are being retained by the OWNER because of MERIDIAN's expertise in Home Disaster Relief Housing Assistance Program for Housing Rehabilitation and/or Replacement activities and that the OWNER does not have the experience or expertise to run said Program. As such, MERIDIAN represents and warrants that it shall be solely responsible for ensuring that all work performed and money expended, under the City's Home Disaster Relief Housing Assistance Program for Housing Rehabilitation and/or Replacement activities, shall be in compliance with all applicable laws and regulations governing the aforementioned program. Furthermore, MERIDIAN shall indemnify and save harmless the OWNER, its agents, attorneys, commissioners, and employees from any and all liability for damages (including all attorney's fees and costs) suffered by the OWNER, its agents, 4 attorneys, commissioners, and employees which are a result of any work or expenditure approved by MERIDIAN under this Contract being declared ineligible by FHFC or any other jurisdictional authority. (4) Notwithstanding any assumption of liability as noted in Paragraphs I. (1), (2), and (3), the following limitations are applicable to Meridian's agreement to indemnify the CITY: (i) MERIDIAN will undertake reasonable measures to determine program eligibility for program participants but is not responsible for false or misleading information provided by program participants, including but not limited to household composition, income, sources of income, property ownership, and damages to real property allegedly caused by the hurricanes of 2004. (ii) MERIDIAN is not responsible for damages caused by contractors working on behalf of program participants. (iii) MERIDIAN is not responsible for actions taken by CITY staff to expend or obligate for expenditure HOME Again funds without the prior written recommendation of MERIDIAN staff. J. Enerov Efficiencv 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 ReDresentatives The OWNER's Project Manager for this Contract is: Ronald W. McLemore. City Manaoer. 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. Elioibilitv 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 5 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. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written above. MERIDIAN COMMUNITY SERVICES GROUP, INC. ~ Q.~~ By: Name and Title: Lisa A. Blair. President Attest: ~O- ~ 6 '- THE CITY OF WINTER SPRINGS ., By: ~~. ni/! ,~ ~ .,' -,.- -. ~ ",. .j Attest: itl' Ronald W. McLemore;' City Manager 7 . ATTACHMENT A FEDERAL PROVISIONS 1. Eaual Emolovment Oooortunitv 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 8 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 Develooment 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" Comollance in the Provision of Training, Emolovment. and Business Oooortunlties 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 9 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. 10 1 I.: l,i'j:S 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. 11 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 $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 Data Processing *Please note that all fees include overhead, travel, office supplies, benefits, etc. 12