Fort Walton Beach Council agenda — 02-08-05 — reading text

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 of the 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%) 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 Fonn 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 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 9 92.205 through 92. 208 and Rule 67- 50, F. A.C. b) The Subrecipient shall act as agent for the Corporation, 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$ l, OOO 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 ( 500/ of the loan may be forgiven at a rate of 0) ten percent ( 10%) per year over a period of five ( 5) years. Upon the fIrst to occur of any of the 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 CPR 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 ~ 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 wilJ 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-Discrimination. The Subrecipient shall not discriminate against 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. G) 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 tenmnate this Contract for convenience in accordance with 24 CFR ~ 85.44. 20) M ADMINISTRATIVE REQUIREMENTS. This Contract shall be UNIFOR.. subject to the requirements ofOMB Circulars No. A- lID, for non-profits, and A-102, for local governments, and relevant sections of 24 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 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