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
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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
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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
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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.
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(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.
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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
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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
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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:
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(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