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705-CDBG-Subrecipient 5/98 ~ ~ /"' ~"'1 CERTIFIED COPY ,x I MARYANNE MORSE SEMINOLE COUNTY, FLORIDA SEMINOLE COUNTY/CITY OF SANFORD CDBG, HOE~ S~IP PROG~S DEPUTYCLERK HOUSING RE~ILITATION ACTIVITIES COM~UNI~ DEV[L6PMEN1 OFFICE PROG~ F~ING YE~ 1996- 97 THIS AGREEE~, entered into this t~ day of ~~, 1998, by and between SEMINOLE CO~Y, a political subdivision of the State of Florida, whose address is 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as the "CO~TY," for~he use and benefit of its Community Development Block Grant (C~L):, HOME Investment Partnerships (HOME) and State Housing In~atives PartnerShip (SHIP) Programs, and the CITY OF SEO~, a ~rida municipal corporation, whose mailing address is Post Box 1788, Sanford, Florida 32772-1788, hereinafter referred to~::~the "CITY." WITNESSETH: ~EREAS, CO~TY has made application for CDBG Program funds and entered into a grant agreement with the United States Depart- ment of ~?using and Urban Development, hereinafter referred to as "~,' pursuant to Title I, Housing arid CoEunityDevelopment Act of 197~, as amended, and implementing regulations set forth in 24 Code of Federal Regulations (CFR) ParC 570; and ~EREAS, the Volusia/Seminole CO~TY HOME Consortium, hereinafter referred to.as the "CONSORTIe," has made application and entered into a contract with ~, pursuant to 2~ CFR Part 92, to implement a ~OME Program; and ~E~EAS, the CO~TY has submitted an Affordable Housing Assistance Plan to re~ive Program funds; and ~EREAS, the CO~TY desires to engage the CITY to render 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 W~EREAS, the CITY has requestedCDBG, 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 WHEREAS, the COUNTY and CITY entered an agreement on November 5, 1996, as amended on October 20, 1997, in the amount of SIX HUNDRED NINETY-FOURTHOUSAND 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 CITY was unable to complete the construction rehabilitation activities set forth in the aforesaid 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 assistance activities. H. "Planning Department" means the COUNTY's Planning and Development Director or his designee for the Community Development Office. I. "SHIP Program" 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 3 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 COIINTY, shall perform or cause to be performed all services described or referred to in Exhibit "A," Scope of Services, attached hereto and incorporated 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 speciEically and directly related to the CITY's implementation of the aforementioned housing activities and in accordance with applicable laws, rule~ 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 July 31, 1998. All such services shall be performed in accordance with applicable requirements 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 July 31, 1998, unless the Agreement is otherwise amended or extended by written agrgement of the parties. 'The Agreement shall be effective upon execution by both parties. Section 5. Consideration and 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 FOUR HUNDRED TWENTY-SEVEN THOUSAND SIX HUNDRED FIFTY-ONE AND 60/100 DOLI_J~RS ($427,651.60) for the services described in Exhibit "A." Section 6. Payments. (a) Payments to the .CITY shall be on an invoice basis and limited to the items budgeted in Exhibit "B," Housing Rehabilita- tion Services Budget, attached hereto and incorporated herein 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 f~r which the statement is submitted; (2) A statement of all costs of services for the current report period, categorized by budget line item and 5 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 labQr costs, including 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 requirements 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 COUNTY. (d) All disbursementsby 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 COUI'qTY. (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 6 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 Administrative 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. A-128, "Audits of State and Local Governments. Section 8. Compliance With Other Program Requirements. (a) The CITY shall comply with all Federal laws, rules, regulations, directives and orders described in 24 CFR 570 Subpart K and the regulations listed below which by reference thereto are hereby incorporated and made a part hereof as if fully set forth herein: (1) 24 CFR Part 1- The regulations promulgated pursuant to Title VI~.196~ 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 Rights 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. 7 (4) 24 CFR Part lOY 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 llO 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 Acc[uisition Policies Act of 1970, HOD imDlementin~ reCulations at 24 CFR Part 42 and Section 104 of the Act Provides for the protection of individual rights when effected, or potentially 8 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 Federally 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 placemen~ 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 orimplied in the Agreement. (b) The CITY shall neither assume the COUNTY'S environmental responsibilities as described in 24 CFR Part 570.604 nor a~sume the COUNTY's responsibilities for initiating the review process pursuant to the provisions of Executive Order 12372 and 24 CFR Part 52. Howeyer, the CITY shall perform site-specific reviews, pursuant to the COUNTY's Environmental Review Monitoring 9 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 matters 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 activiky. (b)- All change orders to the Agreement. (c) Requests t? utilize remaining funds if a surplus remains after the work required hereunder is completed. 10 Section 11. 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. M~intenance 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 necessaryby 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 copies of canceled-checks. (3) Force ..account construction: records indicating name, position, number of hours and total labor costs for each 11 project and further delineated to itemize cost per work item. (4) Any materials drawn from a stockpile: recc indicating amount of material and cost thereof based on purchase price. (5) Employees or subcontractors paid from grant fun personnel and payroll data together with documentation that e employee was working on grant-related projects. (6) Capital expenditures in excess of THREE HUND AND N0/100 DOLLARS ($300.00): description, model serial numb~ date and cost of acquisition. (d) The CITY shall cause the housing rehabilitatz services activities and funds to be audited annually, accordance with Federal OMB Circular No. A-128, and in conjunctj with each regular CITY audit. Copies of all audits regarding otherwise relating to the use of these funds shall be provided the COUNTY and the CD Administrator. The audit shall include opinion of compliance or noncompliance in accordance with 24 C Par~ 85 requirements. (e) All records and contracts, of whatsoever type nature, required by the Agreement shall be available for audil inspection and copying at any time during normal business houm and as of~%n as the CD A~inistrator, CO~TY, H~, or Comptrolle General of the United States, or other Federal or State agenc5 may deem necessary. The CO~TY shall have the right to obt'ain aI inspect any audit pertaining to the performance of the A~reemeE made by any Federal, State or local agency. The CITY shall retai all records and supporting documentation applicable to th 12 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 inq~Uded 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 determination of the 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 and HUD, in accordance with the aforesaid provisions. Section 16. Liability. Except for reimbursement as specifi- cally set forth herein, the COUNTY shall. not be liable to any 13 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 toCOUNTY 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. Indenlnification. (a) To the extent permitted by law, the CITY shall defend, hold 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 the 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 resule of any act or omission 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 by the insurance required hereunder; or by any defect in the construction of the project; or as may 14 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 appl~cable 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. ~ection 22. Program Income. (a)- In the event that any program income (returned funds or loan repayments) is rgceived by the CITY during the Agreement, the CITY shall return such program income to the COUNTY. 15 (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 Part 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, understandings, or covenants of 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 inpart with CDBG or HOME funds in excess of TWENTY-FIVE THOUSAND AND N0/100 DOLLARS ($25,000.00) shall be govern'ed by the regulations set forth in 24 CFR Part 85. Section 25. Certification regarding Lobbying. The CITY hereby certifies by e~mination of the Agreement that, to the best of its knowledge and belief: 16 (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 of any 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 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 any employee of a member of Congress 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 COUNTY'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 P~ogram funds. Although the COUNTY has not over obligated its SHIP funds for the fiscal years over which the 17 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 ~omplete and valid submissions. For purposes of the Agreement, a valid and complete submission is a request for p~yment containing all the information and documentation requested in and otherwise complying with the Agreement. Section 28. NOTICE. Whenever either party desires to give notice unto the other, notice may be sent FOR COUlqTY 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 herei~, the addresses or persons for receipt of notice. Section 29. Severability. If any one or more of the covenants or provisiQns of the Agreement shall be held to be contrary to any express provision of law or contrary to the policy 18 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 30. Conflict of Interest. (a) The CITY agrees that it will not engage in any action that would 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 112, 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.I12.312(15), Florida Statutes, as over 5%) either directly or indireGtly, 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 the COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. ~ection 31. Entire Agreement: Effect On Prior Agreement. This instrument constitutes the entire agreement between the parties and supersedSs all previous discussions, understandings and agreements, if any, between the parties relating to the 19 subject matter of the Agreement. Amendments to and waivers of the .provisions herein shall be made by the parties in writing by formal amendment hereto. IN WIT~SS mEREOF, the parties hereto have caused this ~reement to be executed on the day hereinabove first written. ATTEST: ~~ Date: d4'Ldl, q Seminole County, Florida. For the use and reliance As authorized for execution by Approved as to form and ~ i legal sufficiency, 19 , regular meet County Attorney 2 Attachments Exhibit "A" - Scope of Seoices Exhibit "B" - Housing Rehabilitation Services Budget F:\~S~S\CAJW01\AGT\SANREHgS.dOC 2O EXHIBIT A SCOPE OF SERVICES The CITY shall, at a minimum, provide the following housing rehabilitation services for the purpose of administering and implementing County-wide housing activities addressiag housing related community development needs of very low income households within Seminole County, Florida. I. DESCRIPTION OF SERVICES A.. Housing Minimum Rehabilitation and Reconstruction: Implement housing rehabilitation activities pursuant to CDBG Program regulations (24 CFR Part 570), SHIP Program regulations (91-37, Florida Administrative Code) and HOME Program regulations (24 CFR Part 92) and the Agreement. The CITY shall, at a minimum, perform the following tasks, in addition to all other tasks necessary, to assure compliance with SHIP Program requirements: 1. Request, aggressively advertise, receive and process applications for assistance from program clients. 2. Determine and verify client eligibility. 3. Inspect eligible client's housing unit to determine deficiencies and prepare work specifications. 4. Assure proposed work specifications comply with all program requirements, including any applicable Environmental Review Monitoring Strategy requirements. 5. Provide housing counseling to eligible clients regarding applicable program requirements. 6. Execute rehabilitation grant or loan agreement(s) with cIients. 7. Request and accept bids from eligible contractors to complete the rehabilitation work according to work specifications. 8. Coordinate the execution of rehabilitation contracts between clients and" contractors. Review contracts to assure City of Sanford CDBG/SHIP ProGrarns, I=Y 97/98 AGREE/CITYRHgaDOC compliance with all program requirements. 9. 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. 10. 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 and the general contractor, or, request reimbursement directly from the COUNTY for payments made by the CITY. 11. Prepare monthly Subrecipient Status Reports and reimbursement requests and submit to COUNTY in accordance with the Agreement. 12. Maintain and make available all related records, project files and financial records in accordance with applicable requirements. 13. 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. 14. -The total amount of funds expended on a housing unit for minimum rehabilitation improvements shall not exceed $7,000, exclusive of volunteer labor, donated services or materials or administrative/processing fees. An additional $2,000 may be authorized by the Housing Rehabilitation Specialist of the Community Development Office on a case-by-case written approval. An additional $1,000 may be authorized by the Community Developmen~ Office Administrator on a case-by-case written approval. 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 servides or materials, but inclusive of any acquisition or replacement housing payments, with an additional $2,000 allowable upon cas~-by-case written approval from the Community Development Office Administrator. Another additional $3,000 is allowable upon case-by-case written ~pproval from the County Manager. ' City of Sanford CDBG/SHIP Programs, FY 97/98 2 AGREE/CITYRH98DOC 15. 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 14 above. 16. Otherwise comply with the terms of the Agreement and all laws, rules and regulations. II. ELIGIBLE HOUSING REHABILITATION SERVICES COSTS. A. Eligible housing rehabilitation 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. The costs authorized under the Agreement are itemized in Exhibit "B". III. PROJECTED ACCOMPLISHMENTS. The CITY shall report, on a monthly basis, the number of housing units 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 ~ 7 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. ' PATMENTOFADMINISTRATIVECOSTS. The COUNTY shall pay to the CITY the amount of $3,500.00 as a processing fee for e~ch housing unit repaired under the minimum rehabilitation activity, and $4,d00.00 as a processing fee for ~ of San~ CDBG/SHIP P~grams, FY 97~8 3 AGRE~C/~RH98DOC each housing unit reconstructed or assisted under the CDBG demolition/relocation activity, with total cumulative processing _fee payments under all activities not to exceed $116,040 hereunder. Such processing fees may be prorated for partially completed housing units 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. VII. INSPECTIONS. The' improvements to the unit must be approved by the Building Official of the appropriate jurisdictional authority prior to final payment. VIII. SELECTION OF UNITS. The CITY shall select all units to be assisted with minimum housing rehabilitation. IX. COMPLETION OF REEABILITATEDUNITS. The CITY shall complete work on each minimum rehabilitation project within seventy five (75) calendar days from the issuance of building permit for each respective housing unit. The CITY shall complete work on each reconstruction and/or demolition/relocation project within one hundred twenty (120) calendar days from the issuance of building permit for each respective housing unit. 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 lo~ns under this Agreement is described in the Seminole County Housing Rehabilitation Program Policies and Procedures document. City of San ford CDBG/SHIP Programs, FY 97/98 4 AGREF_/CITYRH98DOC EXHIBIT "B" PROJECT BUDGET 1996-97 SHIP Reconstruction $77,642.10 1994~95 CDBG Demolition/relocation 50,479.88 1996-97 CDBG Rehab administration 71,481.00 1996-97 HOME Reconstruction 228,048.62 TOTAL $427,651.60