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