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

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 Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or , cooperative 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 sub awards 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, V.S. C. Any person who fails to file the required certification shall be subject t~ 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 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 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 D.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 of the 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 9 39. j) It will abide by the provisions of Section 116. 111, F. S., pertaining to nepotism in its perfonnance 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 FORT WALTON BEACH 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/PHA/NON- PROFIT NAME: CITY OF FORT WALTON BEACH By Witness Printed Name Printed Name Title Witness Date Printed Name Federal Tax J.D. Number FLORIDA HOUSING FINANCE CORPORATION By Witness Printed Name Printed Name Title Witness Date Printed Name 15  HOME Again Subrecipient Contract List of Attachments Attachment A ...........~.............................. Subrecipient Program Design and Budget Attachment Promissory Note B................................ ................ ......... .... ................ ........ Attachment Subordinate Mortgage C........................................................................... Attachment D ........ ..................... ........ ........ ........ . Homeowner Assistance Agreement Attachment E ............ .................. .......... ........Homeowner File Completion Checklist Attachment F ................ ........~................................. ..................... .... ... Monthly Report Attachment G .............................................................................. Draw Request Form Attachment H .................................................. ~..... . Homeowner/ Contractor Affidavit Attachment I....................................... ............................... Certificate of Incumbency Attachment J ............................... ........ ........ ... ...... Minimum Rehabilitation Standards Attachment K .~............................................ Environmental Analysis and Procedures  APPLICATION TABl PROGRAM DESIGN 1. County to be Served with HOME Aga.in funds: HOME again funds awarded to the City of Fort Walton Beach will be administered solely witlrin Okaloosa County strictly on a first come, first verified,first served basis to those individuals who fall within 80% of the Adjusted Median Income limit as indicated on the 2004 FHFC Income Limits chart. 2. . Key Personnel: The City of Fort Walton Beach Community Development Services Staff will administer the HO:ME Again Ptogram. Relevant staff include the CDBG Specialist, the Planner II, the Senior Staff Assistant, and the Chief Building Official. The duties involving the execution and administration of this grant are as follows: Nametritle Duties Mary Cox, Responsible for the overall execution and administration of the CDBG Sp~ cialist grant ensuring that all applicable State and Federal statutory, . regulatory and other legal requirement s are met. Further, this position will be responsible for overseeing all elements of the to the program design whidh includes advertising & notification