HomeMy WebLinkAbout446-Sanford Housing Rehab SANFORD HOUSING REHABILITATION
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
INTERLOCAL SERVICE AGREEMENT
PROGRAM YEAR 1991 - 1992
THIS AGREEMENT, entered in this/_5~day of [~, 1992, by and
between Seminole County, a poli'U~cal subdiv the State of
Florida, which address is 1101 East First Street, Sanford, Florida
31771, herein called "County" for the use and benefit of its Community
Development Block Grant (CDBG) Program and the City of Sanford, a
municipality incorporated under the laws of the State of Florida, which
address is 300 North Park Avenue, Sanford, Florida 32771, herein called
"City".
WHEREAS, County has made application effective October 1, 1991, and had
entered into a contract with the U. S. Department of Housing !and Urban
Development, herein called "HUD", pursuant to 24 CFR Part 570.
WHEREAS, the County desires to engage the City to render certain
services requisite to the accomplishment of the Community Development
Block Grant Program goals.
WHEREAS, the City has requested funds from Seminole County for the
benefit of the low and moderate income citizens of the City of Sanford.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
ARTICLE I. DEFINITIONS
1) "County" means Seminole County.
2) "City" means City of Sanford.
3) "HUD" means the U. S. Department of Housing and Urban
Development.
4) "Planning Department" means the Director Of Seminole County
Planning and Development Department or his designee for the
Com/m/nity Development Block Grant (CDBG) Program.
5) "CDBG Administrator" means Seminole County's C.D. Principal
Planner.
6) "CDBG Program" means Seminole County's Community Development
Block Grant (CDBG) Program.
7) "CDBG Regulations" means 24 CFR Part 570 and supplemental,
additional or successor provisions.
8) "County Approval" means the written approval of the Planning
Director, the C.D. Principal Planner, Or their designate.
9) "Low and Moderate Income" means the definition set by HUD for
the CDBG Program for that term.
ARTICLE II. SCOPE OF SERVICES
The City, in a manner satisfactory to the County, shall carry out or
cause to be carried out all services described or referred to in Exhibit
"A" which is attached hereto and made a part hereof. Such services
shall be performed, except as otherwise specifically stated herein, by
persons or instrumentalities solely under the dominion and control of
the City.
The parties recognize and agree that this agreement is for reimbursement
of implementation costs of the County's Community Development Block
Grant Program. Where administration expenses are authorized by the
County, those expenses are to be specifically itemized by the hours
expended or the dollars expended. All hours charged by staff, and any
direct expenses shall be specifically and directly related to the City's
implementation of the County-funded activity. Administrative expenses
for the administration of the services provided hereunder by the City
shall not exceed twenty-five percent (25%) of the amount set forth in
Article IV, Paragraph A hereof.
ARTICLE III. PERIOD OF CONTRACT
Up to the limits of Article IV, Paragraph A hereof, County shall
reimburse the City for the services described in Article II and
performed by the City prior to January 1, 1993. All such services,
whether performed before or after the execution of this Agreement, shall
be performed by the City in accordance with applicable requirements of
the U. S. Department of Housing and Urban Development and with all
requirements of this Agreement, and reimbursement will be contingent
thereupon. The City shall complete all services described in Article II
on or before the contract termination date, unless this Agreement is
otherwise amended or extended by written agreement of the parties. This
contract shall be effective upon execution by both parties.
ARTICLE IV. CONSIDERATION AND LIMITATION OF COSTS
A. The City shall be reimbursed by the County for allowable
costs, in accordance with 24 CFR Part 570 and in accordance
with Article II of this Agreement; in an amount not to exceed
$100,000 for the services described in Exhibit "A".
B. All improvements specified in Exhibit "A" and directly
provided by the City shall be put out to competitive
negotiation or bidding under a procedure acceptable to HUD as
outlined in 24 CFR Part 85. Contract administration shall be
handled by the City.
ARTICLE V. PAYMENTS
A. Payments to the City shall be on a reimbursement basis and
shall be limited to the scope of service described herein and
in accordance with the respective project budget as set forth
in Exhibit "A".
B. The City shall submit to the County during the performance
hereof the following.:
1. A cumulative statement of all costs of the project for
the period from commencement through the end of the
relDort period for which the statement is being submitted;
2. A statement for all costs of the project for the current
report period, categorized by budget line item and
consistent with Exhibit "A";
3. An invoice and copy of all checks 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 payroll checks;
4. Copies Of daily time distribution records in support of
stated salary expenses. Records shall show the case and
type of work being undertaken and the specific particular
program under which the work was performed.
C. Upon receipt of the above enumerated acceptable documentation,
the County will initiate the payment process. Reimbursement
to the City shall be made as soon as practicable; provided,
however, that, if the City has performed services in full
compliance with all HUD requirements, then payment shall be
made by the county to the City within forty-five (45) days of
receipt of acceptable documentation by the County.
D. All disbursements by the City must be fully documented to the
County so as to be available, on request, for inspection or
audit in accordance with the provisions of Article XI herein
below.
E. Within forty-five (45) days after completion of all services
to be performed by it, the City shall render a final and
complete statement to County of all costs and charges for
services not previously invoiced. County shall not be
responsible for payments 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 discretion not
to exceed a period of ninety (90) days, provided the delay in
its submission is not occasioned by any fault or negligence of
the City.
ARTICLE VI. MODIFICATION OF SCOPE OF SERVICES
This Agreement may not be modified, amended, or extended orally. This
Agreement may be amended bywritten agreeraent executedby the governing
bodies of both parties.
ARTICLE VII. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND
LAWS
During the performance of this Agreement, the City agrees to comply with
all laws, rules, regulations and orders or their successors listed below
which by reference are incorporated and made a part hereof. The City
further agrees to abide by all other applicable laws, rules, regulations
and orders which are not listed.
APPLICABLE LAWS, RULES ANDREGULATIONS
1. 24 CFR Part 570, as amended - The regulations governing the
expenditure of Community Development Block Grant Program
funds.
2. 24 CFR Part 58 - The regulations prescribing the Environmental
Review procedure, including laws and procedures incorporated
by reference.
3. National Flood Insurance Act of 1968
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title
VI of the 1984 Civil Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive
Order 11063 which prohibits discrimination and promotes equal
opportunity in housing.
6. Executive Order 11246, (and Revised Order Number 4), as
amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects
assisted with federal funds.
7. Title VII of the 1964 Civil Rights Act as amendedby the Equal
Employment Opportunity Act Of 1972 - which prohibits
discrimination in employment.
8. 24 CFR Part 135 - Regulations outlining requirements of
Section 3 of the Housing and Urban Development Act of 1968, as
amended.
9. Age Discrimination Act of 1973
10. 24 CFR Part 130 - Regulations which prohibit discrimination in
employment in federally assisted construction contracts.
11. Contract Work - Hours and Safety Standards Act - where
applicable.
12. Lead Based Paint Poisoning Preventive Act
13. Section 504 of the Rehabilitation Act of 1973, as amended
14. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970
15. 29 CFR Parts 3.5 and 5a - RegulatiOns which prescribe the
payment of prevailing wages and the use of apprentices and
trainees on federally assisted projects as mandated by the
Davis-Bacon Act, where applicable.
16. Executive Order 11914 - Prohibits discrimination with respect
to the handicapped in federally assisted projects.'
17. CopelandAnti-Kickback Act
18. OMB Circular A-87 - which identifies allowable administrative
costs.
19. Florida Statutes, Chapter 112 - which deals with conflict of
interest.
20. Public Law 100-430 - The Fair Housing Amendments Act of 1988.
21. Section 109 of Public Law 100-202 - which restricts the
awarding of public works contracts to firms from foreign
countries with unfair trade practices.
22. Seminole County's Anti-Displacement Strate97f/Relocation
Benefits
23. HUD - required reports, circulars, and procedures, suchas the
Grantee Performance Report.
24. Administrative Procedures - procedures which may be issued by
the Seminole County Planning Department and/or the CDBG
Administrator who are responsible to the Board of County
Commissioners for the implementation of the County's Community
Development Block Grant Program.
25. 24 CFR Part 85 - the "common rule" containing fiscal and
administrative requirements for grantees and subrecipients
which are local governments. This replaces OMB Circular A-
102.
ARTICLE VIII. PRIOR WRITTENAPPROVALS - SUMMARY
The following includes but is not limited to activities that require the
prior written approval of the County to be eligible for reimbursement or
payments:
(a) Initiation of new activities not covered by this Agreement, or
changes in the locations of activities or the deletion of any
activity;
(b) Purchase of any capital equipment other than actual project
construction;
(c) All proposed travel exceeding 200 miles (one-way),
conferences, hearings, and meetings, except as may be directly
related to the Seminole County Community Development Block
Grant Program which is the subject of this Agreement;
(d) All change orders to this agreement;
(e) Requests to utilize remaining funds should there be a surplus
after the work is substantially completed.
A~TICLE IX. PROJECT PUBLICITY
Any news release, project sign, or other type of publicity pertaining to
the project as stated herein must recognize the Seminole County Board of
County Commissioners as the recipient funded by HUD and providing funds
to the City of Sanford.
ARTICLE X. MANAGEMENT ASSISTANCE
The CDBG Administrator will be available to the City to provide guidance
on CDBG requirements.
ARTICLE XI. MAINTENANCE OF RECORDS
The City shall maintain all records reqUired by all Federal regulations
and HUD procedures.
A. The City shall maintain such records, accounts property
records, personnel records, as are deemed necessary by the
County to assure proper accounting of project funds and
compliance with the provisions of this Agreement.
The City shall also maintain all necessary financial records
as are required by Federal regulations and shall also maintain
all financial records relative to the following matters:
1. Items purchased and paid for through standard City
procedures: an invoice and a copy of a check.
2. Contractual Agreements: the contract, billings and
copies of checks.
3. Force Account Construction: records indicating name,
position, number of hours and total labor costs.
4. Any materials drawn from a stockpile: records indicating
amount of material and cost thereof based on the purchase
price.
5. Employees paid from grant funds: personnel and payroll
data together with documentation that the employee was in
fact working on grant-related projects.
6. Capital expenditures in excess of $300.00: description,
model, serial number, date of acquisition and cost of
acquisition.
B. The City shall maintain records showing compliance, where
a~plicable, with the Davis-Bacon Law, including files
containing contractor payrolls, employee interviews, Davis-
Bacon wage rates, and administrative cross-referencing. City
shall maintain records showing contractor compliance with the
Contract Work Hours and Work Safety Law. Similarly, the City
shall maintain records showing compliance with Federal
purchasing requirements and with other Federal requirements
for grant implementation. County staff shall provide the City
assistance to assure labor standards compliance.
C. The City shall have CDBG activities and funds audited
annually, in accordance with Federal OMB Circular A-128 and in
conjunction with the regular City audit. Copies of all audits
covering the use of CDBG funds shall be provided to the County
and the CDBG Administrator.
D. All records and contracts of whatever nature requiredby this
Agreement shall be available for audit, inspection or copying
at any time during normal business hours and as often as the
CDBG Administrator, County, HUD, or Comptroller General of the
United States, or other federal agency, may deem necessary.
County shall have the right to obtain and inspect any audit
pertaining to the performance of this Agreement made by any
local, State or Federal agency. The City shall retain all of
its records and supporting documentation applicable to the
Agreement for three (3) years after either the resolution of
the final audit or HUD approval of the CDBG Closeout Report,
whichever is later.
ARTICLE XlI. EVALUATION
The City shall provide County and CDBG Administrator, in a form
prescribed by County, monthly reports summarizing the number of housing
units under inspection, bid, construction, and completed, and the amount
of funds obligated and spent. Also included in the monthly reports
shall be an estimated completion date for each housing unit identified
to be rehabilitated and for the entire Housing Rehabilitation Program.
These reports shall be provided as part of the financial reimbursement
process and are due no later than the 15th of the following month. The
County shall have access to and be provided copies and transcriptions of
such records as may be necessary in the determination of the County or
HUD to accomplish this obligation.
ARTICLE XIII. NON-EXPENDABLE PROPERTY
Any non-expendable personal property acquired by the City for the
purpose of carrying on the projects stated herein; and approved by the
County in accordance with Article VIII(b), shall be subject to the
provisions of the Regulations including, but not limited to, the
provisions on use and disposition of property. At the termination of
this agreement, any grant-funded non-expendable personal property shall
be made available to the County and HUD, in accordance with said
provisions.
ARTICLE XIV. CONTRACT LIABILITY
The County shall not be liable to any person, firm, or corporation
(except the City) who contracts with or who provides goods or services
to the City in connection with the services it has agreed to perform
hereunder, or for debts or claims accruing to such parties against the
City; and there is no contractual relationship, either express or
implied, between County and any other person, firm, or corporation
supplying any work, labor, services, goods or materials to City as a
result of its services to County hereunder.-
ARTICLE XV. SUBCONTRACTS
All contracts made by the City to carry out the activities described in
Exhibit "A" shall be made in accordance with all applicable laws, rules
and regulations stipulated in this Agreement. Any additional work or
services subcontracted hereunder shall be specified by written contract
or agreement and shall be subject to each Article set forth in this
Agreement.
ARTICLE XVI. INDEMNIFICATION
A. The City shall defend, hold harmless, and indemnify County
from and against any and all liability, loss, claims, damages,
costs, attorney's fees and expenses of whatever kind or nature
which County may sustain, suffer or incur or be required to
pay by reason of the loss of any monies paid to the City,
resulting out of fraud, defalcation, dishonesty or failure of
the City to comply with the Regulations; or by reason or as a
result of any act or omission of the City in the performance
of this Agreement or any part thereof; or by reason of a
judgment over and above the limits provided by the insurance
required under Article ](VII of this Agreement; or by any
defect in the construction of the project.
B. In the event that any action, suit or proceeding is brought
against County upon any liability arising out of the Agreement
herein before mentioned, or any other matter indemnified
against County, the County at once shall give notice in
writing thereof to the City by registered or certified mail
addressed to the City at its address herein before given.
Upon the receiving of such notice, the City, at its own
expense, shall defend against such action and take all such
steps as may be necessary or proper therein to prevent the
obtaining of a judgment against the County.
ARTICLE XVII. INSURANCE
The City shall insure that either its insurance coverage or self-
insurance program or the insurance coverage of its contracted agents are
adequate and sufficient to cover the activities performed under this
Agreement, as the case may be as to the particular actions undertaken.
'The City shall insure that the insurance requirements upon all
contractors conform to and comply with all applicable Federal
r egul a ti ons.
ARTICLE XVIII. NON-ASSIGNABILITY
The City may not assign this Agreement without the prior written consent
of the County.
ARTICLE XIX. HEADINGS
All articles and descriptive headings of paragraphs in this Agreement
are inserted for convenience only and shall not affect the construction
or interpretation hereof.
ARTICLE XX. PROGRAM INCOME
In the event that any program income is received during the contract
period, the City may retain such income for use as specified in this
Agreement. Such program income will be immediately reported to the
County and the next reimbursement request will be reduced accordingly.
If any program income is received after the term of this Agreement, or
at the end of the year when all remaining items have been budgeted, the
program income will either be returned to the County for proper
accounting into the CDBG fund, or may be used by the City for use as
specified in this Agreement, upon approval by the County.
ARTICLE XXI. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination may Occur if
the City materially fails to comply with any term Of this agreement.
The agreement may also be terminated for convenience in accordance with
24 CFR 85.44, which provides for termination for mutual convenience or
partial termination for specified reasons,
ARTICLE XXII. REVERSION OF ASSETS
Upon the expiration of the Agreenent the City shall transfer to the
County any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds. Any real property
under City control that was acquired or improved in whole or in part
with CDBG funds in excess of $25,000 will be covered by the regulations
at 24 CFR 85.
ARTICLE XXIII. CERTIFICATION REGARDING LOBBYING
The undersigned certifies to the best of his or her knowledge and
belief, that:
(1) 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 any 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 agreement, and the extension,
continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
(2) 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 any agency,
a Member of Congress, an officer or employee of Congress, or
any employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
IN WITNESS WHEREOF, the parties hereto have caused this Agreenent to be
executed at the place and on the day hereinabove first written.
ATTEST: ; CITY: City of Sanford, Florida
Date:
ATTEST: COUNTY: County of Seminole, Florida
Boar Of Coun CommisSioners
C~e Board of County ~BE~~J'°E~
For the use and reliance As authorized for execution
of Seminole County only. by the Board of County
legal sufficiency. , 1992 regular
meeting.
EXHIBIT A
This housing assistance program to be implementedby the City of Sanford
will address housing-related community development needs for lower-
income households within the City of Sanford. Activities will consist
of housing rehabilitation, acquisition, demolition, relocation for and
in support of owner-occupied structures and activity administration.
Housing Rehabilitation: The goals of this activity are to provide a
long-term solution to substandard housing conditions by upgrading
certain housing stock to a suitable condition that will last for at
least 15 years from the time of completion of the rehabilitation
activity; to revitalize declining neighborhoods; and to increase the
City's property tax base. All housing rehabilitation assistance will be
given only to households whose income falls within qualified low to
moderate (lower) income limits, according to guidelines established by
the U.S. Department of Housing and Urban Development (HUD).
BUDGET
Of the total $100,000 allocated for Housing Rehabilitation under this
Agreement, a maximum of $25,000 may be used for administrative costs,
including salaries, benefits and operating expenses. The reTaaining
$75,000 must be used for actual rehabilitation costs' and incidental
expenses.
LOCATION OF REHABILITATION ACTIVITIES
Housing rehabilitation activities may be located anywhere within the
corporate limits'of the City of Sanford.
STAFFING
0nly those hours worked on functions and activities funded by Seminole
County's CDBG Program may be reimbursed. Any and all other positions
must be approVed in writing by the Seminole County Planning Department
prior to being funded in whole or in part by this program.
PROJECTED ACCOMPLISHi~ENTS
The City of Sanford shall rehabilitate at least four (4) eligible
housing units during the term of this Agreement.
MAXIMUM COST PER STRUCTURE
The maximum amount of assistance per unit, for housing rehabilitation
and demolition/relocation shall be limited to $20,000 per housing unit.
This limit may be raised an additional $2,000 on a case-by-case basis,
upon written approval by the County, but no more than one (1) unit may
exceed $20,000 during the period of this Agreement. The maximum amount
of assistance per case for acquisition shall be $8,000 per buildable
lot. This limit may be raised an additional 10% on a case-by-case
basis, upon written approval by the County. The maximum amount of
assistance per case for demolition shall be $1,500 or City Force account
billing, whichever is less. The maximum expenditure for all program
activities shall not exceed $25,000 per household, including
rehabilitation, acquisition, demolition and relocation.
OCCUPANT STATuS/DISPLACEMENT
All housing units receiving assistance under this program must be
single-family owner-occupied housing units. No occupant of an occupied
unit prior to rehabilitation shall be involuntarily displaced.. All
projects shall conform to the County Anti-Displacement Strategy.
REPORTING
The City .of Sanford shall submit monthly reports to Seminole County
using the form(s) or format approved by the County. The CDBG
Rehabilitation Program Subrecipient Report shall comprise the' format of
the required monthly reports.
SPECIAL REGULATIONS
The City will, in the fulfillment of this Agreement, 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 570,496a and 24 CFR
570,606, as amended.
(Agree/SANHSRHB.92)