HomeMy WebLinkAbout705-CDBG-Subrecipient 11/98 SEMINOLE COUN~.Y/CITY OF SANFORD
SUBRECIPIENTAGREEMENT
0CT-Yi8 cnsG, HOME me sHIP PROGm S
HOUSING REHABILITATION ACTIVITIES
COMMUNt~ O~ELOPMEI ~ PROGPaLM FUNDING YEAR 1996 - 97
THIS AGREEMENT, entered into this ~ 9 day of .~/~, ,
1998, by and between SEMINOLE COUNTY, a political subdivision of
the State of Florida, whose address is 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as the "COUNTY,"
for the use and benefit of its Community Development Block Grant
(CDBG), HOMEinvestment Partnerships (HOME) and State Housing
Initiatives Partnership (SHIP) Programs, and the CITY OF SANFORD,
a Florida municipal corporation, whose mailing address is Post
Office Box 1788, Sanford, Florida 32772-1788, hereinafter referred
to as the "CITY."
WITNESSETH: .'
W~tEREAS, COUNTY has made application for CDBG Program funds
and entered into a grant agreement with the United States Depart-
ment of Housing and Urban Development, hereinafter referred to as
"HUD," pursuant to Title I, Housing and Community Development Act
~f 1974, as amended, and implementing regulations set forth in 24
Code of Federal Regulations (CFR) Part 570; and
WHEREAS, the Volusia/Seminole COUNTY HOME Consortium,
hereinafter referred to as the "CONSORTIUM," has made application
and entered into a contract with HUD, pursuant to24 CFR Part 92,
to implement a HOME Program; and
WHEREAS, the COLTNTY has submitted an Affordable Housing
Assistance Plan to receive Program funds; and
WHEREAS, the COUNTY desires to engage the CITY to render
CERtIFiED COPY
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CL~R~< OF C!RCU{T COURT
certain services necessary to .accomplish the CDBG, HOME and SHIP
Program goals; and
WHEREAS, the COUNTY and the CITY intend to enter into an
agreement to implement a County-wide Housing Rehabilitation
Program and the COUNTY has allocated CDBG funds for housing
rehabilitation services to administer the HOME and the SHIP
Programs; and
WIiEREAS, the CITY has requested CDBG, HOME and SHIP Program
funds from the COUNTY to provide eligible housing rehabilitation
services to implement the HOME and SHIP Programs for the benefit
of the very low income citizens of Seminole County, Florida, and
W~EREAS, the COUNTY and CITY entered an agreement on November
5, 1996, as amended on October 20, 1997, in the amount of SIX
HUNDRED NINETY-FOUR THOUSAND TWO HUNDRED FORTY AND 85/100 DOLLARS
($694,240.85) for the CITY to provide these same services on a
County-wide basis; and
WHEREAS, the COUNTY and CITY entered an agreement on May 11,
1998, in the amount of FOUR HUNDRED TWENTY-SEVEN THOUSAND SIX
Fj/NDRED FIFTY-ONEAND 60/100 DOLLARS ($427,651.60) for the CITY to
provide these same services on a COunty-wide basis; and
WHEREAS, the CITY was unable to complete the construction
rehabilitation activities set forth in the most recent agreement
and requires an extension of time in which to complete these
construction rehabilitation activities,
NOW, THEREFORE, in consideration of the premises and the
mutual covenants, promises and representations contained herein,
the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
Section 1. Recitals. The above recitals are true and form a
material part of the Agreement upon which the parties have relied.
Section 2. Definitions.
A. "CD Administrator" means the Seminole County Community
Development Principal Planner.
B. "CDBG Program" means the Seminole County CDBG Program.
C. "CDBG Regulations" means 24 CFR Part 570 and
supplemental, additional or successor provisions.
D. "COUNTY Approval" means written approval by the
Planning Director, Community Development Principal Planner, or
their designee.
E. "HOME Program" means the HOME Investment Partnerships
Act Housing Rehabilitation Program. '
F. "HOME Regulations" means 24 Code of Federal Regulations
(CFR) Part 92 and supplemental, additional, or successor
provisions.
G. "Housing Activities" means funded homeownership
a~sistance activities.
H. "Planning Department" means the COUNTY's Planning and
Development Director or his designee for the Community Development
Office.
I. "SHIP Progrema" means the COUNTY's State Housing
initiatives Partnership Program.
J. "SHIP Regulations" means Chapter 91-37, Florida
Administrative Code (F.A.C.), as amended.
K. "Very Low and Low Income" means gross household income
not to exceed eighty percent .(80%) of the median family income
within the Orlando Metropolitan Statistical Area during the
Agreement, also known as "low and moderate income" pursuant to
CDBG regulations.
Section 3. Statement of Work.
(a) The CITY, in a manner satisfactory to the COUNTY, shall
perform or cause to be performed all services described or
referred to in Exhibit "A," Scope of Services, attached hereto and
incorporat'ed herein by reference. Such services shall be
performed, except as otherwise specifically stated herein, by
persons or instrumentalities solely under the dominion and control
of the CITY.
(b) The parties recognize and agree that the Agreement is
for reimbursement of the costs of providing housing rehabilitation
services described in 24 CFR Part 570.202(b)(9), 24 CFR Part
92.205 ~a) and Chapter 91-37, F.A.C., and in accordance with
Federal OMB Circular A-87, "Cost Principles for State and Local
Government." The parties further recognize and agree that the
Agreement is directly related to implementation of the housing
rehabilitation strategies of the HOME and SHIP Programs. Where
housing rehabilitation service expenses are authorized by the
COUNTY as set forth in Exhibit "A," those expenses shall be
specifically itemized by the hours and/or the dollars expended or
as otherwise required by applicable laws, rules and regulations.
All hours charged by staff and any direct expenses shall be
specifically and directly related to the CITY's implementation of
the aforementioned housing activities and in accordance with
appliceble laws, rules and regulations.
Section 4. Term. The COUNTY shall reimburse the CITY for
the services described in Exhibit "A," performed or caused to be
performed by the CITY prior to December 31, 1998. All such
services shall be performed in accordance with applicable require-
ments of the Agreement and HUD. Reimbursement or payment of funds
to the CITY shall be contingent thereupon. The CITY shall
complete all services described in Exhibit "A," on or before
December 31, 1998, unless the Agreement is otherwise amended or
extended by written agreement of the parties. The Agreement shall
be effective upon execution by both parties.
Section 5. Conslderationana Limitation of Costs/Funds. The
CITY shall be reimbursed by the COUNTY for costs in accordance
herewith and applicable laws, rules and regulations in an amount
not to exceed EIGHTY-NINE THOUSAND T~REE ~FJNDRED NINETY-FOUR AND
27/100 DOLLARS ($89,394.27) for the services described in Exh~%bi~l
Section 6. PaymentS.
(a) Payments to the CITY shall be on an invoice basis and
~imited to the items budgeted ~n Exhibit "B," Eousing Rehabilita-
tion Services Budget, attached hereto and incorporated heroin by
reference.
(b) The CITY shall submit to the COUNTY during the perfor-
mance hereof the following:
(1} A cumulative statement of all costs of services
for the period from commencement through the end of the report
period for which the statement is submitted;
5
(2) A statement o~ all costs of services for the
current report period, categorized by budget line item and
consistent with Exhibit "B;"
(3) An invoice or official detailed expenditure report
issued in payment for any expense. However, when reimbursement is
sought for salaries to employees, a copy of the payroll shall be
acceptable in lieu of copies of canceled payroll checks;
(4) When "force account" documentation is submitted,
it shall detail the number of hours and labor costs, inclhding
travel related expenditures for each line item activity as
described in the CITY's work write-up and cost estimate. Cost of
materials on invoices shall also be reflected for each line item
when the "force account" method is utilized to ensure cost
reasonableness standards.
(c) Upon receipt of the above enumerated documentation, the
COUNTY shall initiate the payment process. Reimbursement to the
CITY shall be as soon as'practicable; provided, however, that, if
the CITY has performed services in full compliance with all
r~quirements of HI/D, the Agreement and applicable laws, rules and
regulations, payment shall be made by the COUNTY within thirty
(30) days of receipt of acceptable documentation by the COLrNTY.
(d) All disbursements by the CITY must be fully documented
to the COUNTY so as to be available, upon request, for inspection
or audit in accordance with the provisions of the Agreement and
Florida law, or as otherwise may be reasonably required by the
COUNTY.
(e) Within forty-five (45) days after completion of all
services to be performed by the CITY, the CITY shall render a
final and complete statement to COUNTY of all costs and charges
for services not previously invoiced. The COUNTY shall not be
responsible for payment of any charges, claims or demands of the
CITY not received within said forty-five (45) day period; however,
such time may be extended at COUNTY's option, in writing, not to
exceed a period of ninety (90) days, provided the delay in
submission of documentation to the COUNTY is not occasioned by any
fault or negligence of the CITY.
Section 7. Uniform Aam~nistrative Requirements. The CITY
shall comply with the requirements and set forth in 24 CFR Part
85, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments;" and OMB
Circular No. Au128, "Audits of State and Local Governments.
Section 8. Compliance With Other Program Requirements.
(a) The CITY shall comply with all Federal laws, rules,
regulations, directires and orders described in 24CFR 570 Subpart
K and the regulations listed below which by reference thereto are
hpreby incorporated and made a part hereof as if fully set forth
heroin:
(1) 24 CFR Part 1- The regulations promulgated
pursuant to Title VI, 1964 Civil Rights Act, Public Law 88~352.
(2) Title VII, 1968 Civil Rights Act as amended by the
Equal Employment Opportunity Act of 1972 Prohibits
discrimination in employment.
(3) Title VIII, 1968 Civil RiChts Act, Public Law
90-284 The Fair Housing Act requires HUD to administer the
activities and programs relating to housing and urban development
in a manner that affirmatively furthers fair housing.
(4) 24 CFR Part 107 Implementing Executive Order
11063, as amended by Executive Order 12259, directing HUD to take
all action necessary to prevent discrimination because of race,
color, religion (creed), sex, or national origin in the sale,
lease, rental, or other disposition of residential property and
related facilities when provided in whole, or in part, with
Federal assistance.
(5) Section 109 of the Act Requires that no person
shall be, on the ground of race, color, national origin, or sex,
excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity funded
in whole or in part with community development funds. Section 109
of the Act further prohibits discrimination on the basis of age
under the Age Discrimination Act of 1973, or with respect to an
otherwise qualified handicapped person, as provided in Section
504, Rehabilitation Act of 1973.
(6) Labor Standards, Section 1t0 of the Act - Requires
compliance with the Davis-Bacon Act, as amended, pursuant to 29
CFR Parts 3, 5a and f; and the Contract Work Hours and Safety
Standards Act,.where applicable.
(7) National Flood Disaster Act Governs
participation in the National Flood Insurance Program, pursuant to
Section 202(a) of said Act.
(8) Uniform Relocation Assistance and Real ProDertV
Accuisition Policies Act of 1970, HUD imDlementinC reQutations at
24 CFR Part 42 and Section 104 of the Act Provides for the
protection of individual rights when affected, or potentially
effected, by relocation, acquisition and displacement activities.
(9) Executive Order 11246, as amended by Executive
Order 12086 Provides that no person shall be discriminated
against on the basis of race, color, religion, sex, or national
origin in all phases of employment during the performance of
[ederally assisted construction contracts.
(10) 24 CFR Part 24 - Assistance shall not be used
directly or indirectly to employ, award contracts to~ or otherwise
engage the services of or fund, any contractor or subrecipient
during any period of debarment, suspension, or placement in
ineligibility status under the provisions of 24 CFR Part 24.
(11)' Conflict of Interest Compliance with the provi~'
sions of 24 CFR Part 85, 24 CFR Part 570,611 and 24 CFR Part
92,356.
(12) 24 CFR Part 570 Compliance with the regulations
regarding the CDBG Program.
(13) 24 CFR Part 92 Compliance with the regulations
regarding the HOME Program.
(14) Any and all other laws, rules and regulations
relating in any way to the matters set forth or implied in the
Agreement.
(b} The CITY shall neither assume the COUNTY's
environmental responsibilities as described in 24 CFR Part 570.604
nor assume the COUNTY's responsibilities for initiating the review
process pursuant to the provisions of Executive Order 12372 and 24
CFR Par~ 52. HoweveT, the .CITY shall perform site-specific
reviews, pursuant to the COUNTY's Environmental Review Monitoring
Strategy and requirements of any law, rule or regulation. This
provision shall not release the CITY from responsibility for any
environmental pollution that it may cause or allow and the CITY
shall assume full liability therefor.
Section 9. Compliance With Local And State Laws. The CITY
shall comply with applicable State and local laws, regulations and
ordinances, which by reference are hereby incorporated as if fully
set forth herein, including but not limited to, the following:
(a) Chapter 112, Florida Statutes Concerning conflicts of
interest.
(b) Administrative Procedures Procedures issued by the
COUNTY Planning and Development Department for the implementation'
of the COUNTY SHIP Program.
(c) Chapter 91-37, F.A.C. Compliance with regulations
regarding the SHIP Program.
(d) Any and all laws, rules and regulations relating to the
m~tters set forth or implied in the Agreement.
Section 10. Prior Written Approvals Summary. The
following includes, but is not all inclusive of, activities that
require the prior written approval of the COUNTY to be eligible
for reimbursement of payments:
(a) Initiation of new activities not referred to in the
Agreement, or changes to the location of or deletion of any
activity.
(b) All change orders to the Agreement.
(c) Requests to utiliz~ remaining funds if a surplus
remains after the work required hereunder is completed.
Section ll. Project Publicity. Any news release, project
sign, or other type of publicity pertaining to the project, as
stated herein, shall recognize the Seminole County Board of County
Commissioners as the recipient funded by HUD and the State of
Florida Department of Community Affairs to provide funds to the
CITY.
Section 12. Management Assistance. The CD Administrator or
a designee shall be reasonably available to the CITY to provide
guidance on CDBG, HOME and SHIP Program requirements.
Section 13. Maintenance of Records.
(a) The CITY shall, at a minimum, maintain all records
required by Federal, State and local.laws, rules, regulations and'
procedures.
(b) The CITY shall maintain such records, accounts and
property and personnel records as deemed necessary by Florida law
and the COUNTY or otherwise typical in sound business practices to
assure proper accounting of project funds and compliance with the
Agreement.
(c) The CITY shall maintain all financial records as
required by Federal regulations and ensure maintenance of
financial records relative to the following matters:
(1) Items purchased and paid for through standard CITY
procedures: invoices and copies of canceled checks.
(2) Agreements: the contract, billings and cop~es of
canceled checks.
(3) Force account Gonstruction: records indicating
name, position, number of hours and total labor costs for each
project and further delineated to itemize cost per work item.
(4) Any materials drawn from a stockpile: records
indicating amount of material and cost thereof based on the
purchase price.
(5) Employees or subcontractors paid from grant funds:
personnel and payroll data together with documentation that each
employee was working on grant-related projects.
(6) Capital expenditures in excess of THREE HUNDRED
AND NO/100 DOLLARS ($300.00): description, model, serial numberr
date and cost of acquisition.
(d) The CITY shall cause the housing rehabilitation
services activities and funds to be audited annually, in'
accordance with Federal OMB Circular No. A-128, and in conjunction
with each regular CITY audit. Copies of all audits regarding or
otherwise relating to the use of these funds shall be provided to
the COUNTY and the CD Administrator. The audit shall include an
opinion of compliance or noncompliance in accordance with 24 CFR
Part 8S requirements.
(e) All records and contracts, of whatsoever type or
nature, required by the Agreement shall be available for audit,
inspection and copying at any time during normal business hours
and as often as the CD Administrator, COUNTY, HUD, or Comptroller
General of the United States, or other Federal or State agency,
may deem necessary. The COUNTY shall have the right to obtain and
inspect any audit pertaining to the performance of the Agreement
made by any Federal, State or Local agency. The CITY shall retain
all records and supporting documentation applicable to the
Agreement for a minimum of five (5) years after resolution of the
final audit and in accordance with Florida law.
section 14. Evaluation. The CITY shall provide COUNTY and
CD Administrator, in a form prescribed by COUNTY, monthly reports
summarizing the number of housing units under inspection, bid
information, construction summaries, completed units, units worked
on in any way, the amount of housing rehabilitation services funds
obligated and spent on each housing unit for each program and any
other information or data required by the COUNTY to complete the
annual performance report to the State of Florida. Also included
in the monthly reports shall be a summary of each housing unit
identified for assistance and each housing activity. The CITY'
shall submit the reports to the COUNTY as part of the financial
reimbursement process no later than the 15th day of each month.
The COUNTY shall have'access to and be provided copies and
transcripts of any records necessary, in the sole determinationof
t~e COUNTY or HUD, to accomplish this obligation.
Section 15. Non-Expendable Property. Any non-expendable
personal property acquired by the CITY to perform the projects
stated herein and approved by the COUNTY hereunder, shall be
subject to all Federal, State and local regulations including, but
not limited to, provisions on use and disposition of property. At
the termination of the Agreement, any grant-funded non-expendable
personal property shall be made available to the COUNTY an~ HI/D,
in accordance with the aforesaid provisions.
Section 16. Liability. ~xcept for reimbursement as specifi-
cally set forth herein, the COUNTY shall not be liable to any
person, firm, entity, or corporation who contracts with or who
provides goods or services to the CITY in connection with the
services hereunder, or for debts or claims accruing to such
parties against the CITY. The Agreement shall not create a
contractual relationship, either express or implied, between
COUNTY and any other person, firm, entity, or corporation
supplying any work, labor, services, goods, or materials to the
CITY as a result of services to COUNTY hereunder.
Section 17. Subcontracts. All contracts made by the CITY to
perform activities described in Exhibit "A" shall comply with
applicable laws, rules and regulations set forth in the Agreement.
Any additional work or services subcontracted hereunder by the
CITY shall be specified by written agreement and subject to this
Agreement.
Section 18. Indemnification.
(a) To the extent permitted by law, the CITY shall defend,
h~ld harmless, and indemnify the COUNTY from and against any and
all liability, loss, claims, damages, costs, attorney's fees and
expenses of whatsoever kind, type, or nature which the COUNTY may
sustain, suffer or incur or be required to pay by reason of th~
loss of any monies paid to the CITY or whomsoever resulting out of
fraud, defalcation, dishonesty or failure of the CITY to comply
with applicable laws, rules or regulations; or by reason or as a
result of any act or emission of the CITY in the performance of
the Agreement or any part thereof~ or by reason of a judgment over
and above the limits provided b, y the insurance required hereunder;
or by any defect in the construction of the project; or as may
otherwise result in any way or instance whatsoever.
(b) In the event that any action, suit, or proceeding is
brought against COUNTY upon any alleged liability arising out of
the Agreement, or any other matter relating to the Agreement, the
COUNTY shall provide notice in writing thereof to the CITY by
registered or certified mail addressed to the CITY at its address
herein provided. Upon receiving notice, the CITY, at its own
expense, shall diligently defend against the action, suit, or
proceeding and take all action necessary or proper therein to
prevent the obtaining of a judgment against the COUNTY.
Section 19~ Insurance. The CITY shall ensure that its
insurance coverage or self-insurance program, or the insurance'
coverage of its contracted agents is adequate and sufficient for
the activities performed pursuant to the Agreement. The CITY
shall ensure that the' insurance requirements imposed on all
contractors conform to and comply with the Agreement and
applicable Federal, State and local regulations.
Section 20. Assignments. Neither party shall assign the
Agreement nor any interest herein without the prior written
consent of the other party.
Section 21. Headings. All articles and descriptive headings
of paragraphs in the Agreement are inserted for convenience only
and shall not affect the construction or interpretation hereof.
Section 22. Program Income.
(a) In the event that any program income (returned funds or
loan repayments) is received b~ the CITY during the Agreement, the
CITY shall return such program income to the COUNTY.
(b) If any program income (returned funds or loan
repayments) is received by the CITY after expiration of the
Agreement, or at the end of the year when all remaining items have
been budgeted, the program income shall be returned to the COUNTY
for proper accounting into the appropriate fund or account.
Section 23. Suspension and Termination.
(a} In accordance with 24 CFR Part 85.43, suspension or
termination of the Agreement may occur if the CITY materially
fails to comply with any term, understanding, or covenant herein.
The Agreement may also be terminated for convenience in
accordance with 24 CFR Pare 85.44, providing for termination for
mutual convenience or partial termination for specified reasons. -'
(b) The Agreement may be terminated by either party at any
time, upon no less than thirty (30) days' written notice delivered
to the other party, or,'at the option of the COUNTY, immediately
in the event that the CITY fails to fulfill any of the terms,
u~derstandings, or covenantsOf the Agreement.
Section 24. Reversion of Assets. Upon expiration of the
Agreement, the CITY shall transfer to the COUNTY any CDBG or HOME
funds and any accounts receivable attributable to the use of CDBG
or HOME funds. Any real property under CITY control acquired or
improved in whole or in part with CDBG or HOME funds in excess of
TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) shall be
governed by the regulations set forth in 24 CFR Part 85.
Section 25. Certification regarding Lobbying. The CITY
hereby certifies by examinatio~ of the Agreement that, to the best
of its knowledge and belief:
(a) No Federal or State 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 any agency, a member of Congress or State Legislature, an
officer or employee of Congress or State Legislature, or an
employee of a member of Congress or State Legislature in
connection with the awarding of any Federal or State contract, the
making of any Federal or State grant, the making of any Federal or
State loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification
ofany Federal contract, grant, loan, or cooperative agreement.
(b)~ If any funds other than Federal or State appropriated'
funds have been paid or will be paid to any person for influencing
orattempting to influence an officer or employee of any agency, a
member of Congress or State Legislature, an officer or employee of
Congress or State Legislature, or any employee of a member of
C~ngress or State Legislature in connection with this Agreement,
the CITY shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
Section 26. Availability of Funds. The CITY acknowledges
that a portion of the funding for the Agreement is from the State
of Florida through the SHIP Program. Payment into the COU1X!TY's
Trust Fund from the State occurs on a monthly basis.
Additionally, the CITY acknowledges that the COUNTY has entered
into similar agreements with other organizations for the award and
allocation of SHIP Program fuDds. Although the COUNTY has not
over obligated its SHIP funds for the fiscal years over which the
Agreement extends, it is possible that because of a large number
of requests in any particular month, the COUNTY may not have
sufficient funds to meet all demands in that month. Therefore,
the COUNTY's obligation to make payment thereunder in any
particular month is specifically limited to the State of Florida
disbursement of SHIP funds for that month to the COUNTY. Payment
by the COUNTY to the various subrecipient organizations pursuant
to the agreements shall be in chronological order based on receipt
of complete and valid submissions. For purposes of the Agreement,
a valid and complete submission is a request for payment
containing all the information and documentation requested in and
otherwise complying with the Agreement. .'
Section 27. NOTICE.
Whenever either party desires to give notice unto the other,
notice may be sent to:
FOR COUNTY
Community Development Office Principal Planner
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
FOR CITY
Larry Dale, Mayor
City of Sanford
Post Office Box 1788,
Sanford, Florida 32772-1788
Either of the parties may change, by written notice as provided
herein, the addresses or persons for receipt of notice.
Section 28. Severability. If any one or more of nhe
covenants or provisions of the Agreement shall be held to be
contrary to any express provision of law or contrary to the policy
of express law, though not expressly prohibited, or against public
policy, or shall, for any reason whatsoever, be held invalid, then
such covenants or provisions shall be null and void, shall be
deemed separable from the remaining covenants or provisions of the
Agreement, and shall, in no way, affect the validity of the
remaining covenants or provisions of the Agreement.
Section 29. Conflict of Interest.
(a) The CITY agrees that it will not engage in any action
that woul'd create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the COUNTY or which
would violate or cause others to violate the provisions of Part
III, Chapter 1'12, Florida Statutes, relating to ethics in govern-'
ment.
(b) The CITY hereby certifies that no officer, agent or
employee of the COUNTY has any material interest (as defined in
Section 112.312(15), Florida Statutes, as over 5%) either directly
or indirectly, in the business of the CITY to be conducted here,
and that no such person shall have any such interest at any time
during the term of this Agreement.
(c} Pursuant to Section 216.347, Florida Statutes, the CITY
hereby agrees that monies received from ehe COUNTY pursuant to
this Agreement will not be used for the purpose of lobbying the
Legislature or any other State or Federal Agency.
Section 30. Entire Agreement: Effect On Prior Agreement
This instrument constitutes the entire agreement between the
parties and supersedes all p~evious discussions, understandings
and agreements, if any, between the parties relating to the
subject matter of the Agreement. Amendments to and waivers of the
provisions herein shall be made by the parties in writing by
~ormal amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day hereinabove first written.
ATTEST: CITY 0 ANFORD
ATTEST: ' .. ~ ,
County Commissioners of Date: ~ ~ ,,~ · ..-~'.
Seminole co~ty, Flori~,
For the use ~nd reli~ce As authorized for execution by
of Seminole Co~ty only, the Board of County Commis-
legal sufficiency. e
County Attorney
SED/j ~
2 Attachments
Exhibit "A" - Scope of Se~ices
Exhibit "B" - Housing Rehabilitation Services Budget
EXI{IBIT A
SCOPE OF SERVICES
The CITY shall, at a minimum, provide the following housing
rehabilitation/reconstruction services for the purpose of
completing services previously implemented 11/5/96, 10/20/97, and
5/11/98 for County-wide housing activities implemented in
addressing housing related community development needs of very low
income households within Seminole County, Florida.
I. DESCRIPTION OF SERVICES
A. Housing Minimum Rehabilitation/Reconstruction: Implement
housing rehabilitation activities pursuant to CDBG Program
regulations (24 CFR Part 570), SHIP Program regulations (67-37,
Florida Administrative Code) and HOME Program regulations (24 CFR
Part 92}, where applicable, and the Agreement. The CITY shall, at
a minimum, perform the following tasks, in addition to all other
tasks necessary, to assure compliance with Program requirements:
1. Units to be assisted are physically located at: A) 927 W. 11th Street, Sanford, FL
B) 929 W. 11=h Street, Sanford, FL
C) 2520 E. State Road 46, Sanford, FL ....
D) 908 Celery Avenue, Sanford, FL
E) 2185 Center Street, Sanford, FL
F) 1011 W. 9=h Street, Sanford, FL
2. Complete file documentation and provide services
i~lcIuding client income certifications, project eligibility, unit
inspections, work write-ups, environmental reviews, bid process
and records, executed and recorded agreements between City and
clients, executed and recorded agreements between clients and
contractors
3. Inspect, monitor progress through documented progress
inspections and assure completion of rehabilitation work by
submitting a final inspection approval executed by the appropriate
jurisdictional authority.
4. Approve and process payments to contractors pursuant to
completion of work. The CITY may either forward payment requests
to the COUNTY for approval and payment by two-party check to the
City of Sanford
CDBG/SHIP/HIOMEPrograrns, FY 96/97 ]
P:cp.cd. AGREE/ClTYhd98
CITY and the general contractor, or, request reimbursement
directly from the COUNTY for payments made by the CITY.
5. Prepare monthly Subrecipient Status Reports and
reimbursement requests and submit to COUNTY in accordance with the
Agreement.
6. Maintain and make available all related records,
project files and financial records in accordance with applicable
requirements.
7. Consult with the CD Administrator, or his designee, to
assure compliance with all applicable requirements, and follow
corrective action directed by the COUNTY when consistent with
Program requirements. If applicable, provide letters, notices and
documentation, as required, to the COUNTY.
8. For reconstruction (SHIP/HOME) or demolition/relocation
assistance (CDBG), a total of $40,000 may be expended on a housing
unit, exclusive of volunteer labor, processing fees, or donated
services or materials, but inclusive of any acquisition or
replacement housing payments, with an additional $2,000 allowable
upon case-by-case written approval from the Community Development
Office Administrator. Another additional $3,000 is allowable upon
case-by-case written approval from the County Manager. -
9. For all projects, the CITY shall have authority to
approve change orders that will not cause projects to exceed the
per-unit limits assisted in paragraph 8 above.
~ 10. Otherwise comply with the terms of the Agreement and
all laws, rules and regulations.
II. ELIGIBLE ~OUSING REHABILITATION SERVICES COSTS.
A. Eligible housing rehabilitation/reconstruction services
costs shall be those costs related to assisting owners,
contractors and other entities, participating or seeking to
participate in housing rehabilitation activities, including
salaries, benefits and operating expenses.
B. Costs authorized under the Agreement are itemized in
Exhibit "B'l.
III. PROJECTED ACCOMPLISPL~ENTS.
The CITY shall report, on a monthly basis, the progress of each
Ci~ of San~
CDBG/SHIP~IOMEPmgramS, FY 9~9 7 2
P:Cp.C~AGRE~CIT~d98
housing unit assisted during the Agreement. The CITY shall provide
housing services necessary to assist, at a minimum, the following
number of housing units for each housing activity subject to the
Agreement:
Reconstruction or Demolition/Relocation ~ 6
IV. REPORTING.
The CITY shall submit monthly reports to the COUNTY using the
form(s) or format approved by the COUNTY. The CDBG Housing
Rehabilitation Services Subrecipient Report shall comprise the
format of the required monthly reports.
V. SPECIAL REGULATIONS.
The CITY shall, in fulfillment of the Agreement and, in addition
to compliance with all other laws, rules and regulations, comply
with the HUD regulations regarding lead-based paint, the site-
specific environmental clearances, and the rules mandated by
Section 104(d) of the Housing & Community Development Act of 1974,
found in 24 CFR Part 570.496 (a) and 24 CFR Part 570,606, as
amended.
VI. PAYMENT OFADMINISTRATIVECOSTS.
The COUNTY shall pay to the CITY the amount of $4,000.00 as a
processing fee for each housing unit reconstructed or assisted
under the CDBG demolition/relocation activity, with total
cumulative processing fee payments under all activities not to
exceed $$19,040 hereunder. Such processing fees will be prorated
for partially completed housing units and for previously and
partially paid processing fees (under other previously executed
e~nd expired agreements) but, in no case, shall full payment be
made before final completion, as evidenced through a final
inspection/permit executed by appropriate jurisdictional
authority. If any project (non-administrative) funding remains
after all administrative funding is expended, the CITY shall, at
its own cost, cause the remaining funds to be expended on eligible
activities as provided for in this agreement.
VII. INSPECTIONS.
The improvements to the unit must be approved by the Building
Official of the appropriate jurisdictional authority prior to
final payment.
City of Sanford
COBG/SHIP/HIOMEPrograrns, FY 96197 3
P:Cp,Cd. AGREEICITYhdg8
VIII. SELECTION OF UNITS.
The CITY shall assist those units identified in I~A.1. above.
IX. COMPLETION OF REHABILITATED UNITS.
The CITY shall execute an amendment to its agreement with each
client revising the completion date in accordance with the time
limitations of this Agreement. The CITY shall, in its
rehabilitation agreement with a homeowner, stipulate the
completion date of the rehabilitation work and specifically state
terms of redress and/or liquidated damages.
X. LIENS AND LOANS.
The assessment of any and all liens and the terms and conditions
of loans under this Agreement is described in the Seminole County
Housing Rehabilitation Program Policies and Procedures document
and the 3-Year SHIP Affordable Housing Assistance Plan effective
April 28, 1998.
City of Sanford
CDBG/SHIPIHIOMEPrograrns, FY 96/97 4
P:cp. Cd. AGR~FJCITYhd98
EXHkBIT B
CITY OF SANFORD
HOUSING SERVICES BUDGET
Activity (Program) Ameunt
Reconstruction Costs (SHIP, FY $21,695;88
1996-97)
Reconstruction Costs (HOE, FY $27,6?4.73
1996-97)
Demolition/Relocation (CDBG, FY $20,983.66
1996-97)
Administrative Expenses (CDBG) $19,040
Total $89,394.27
- ~VLI" me~s vel~ low income households; ~LI" means low income households,
Cl~y of Sanford
CDB G,~HIP/HlOMEPrograms, FY 96/9 7
P:Cp, Cd. AGREE./CITy~d98