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524-SHIP Program 1993/94 SEMINOLE COUNTY/CITY OF SANFORD INTERLOCAL SUBRECIPIENT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOME PROGRAM SHIP PROGRAM PROGRAM YEAR 1993-94 THIS INTERLOCAL SUBRECIPIENT AGREEMENT, entered in this day of su~b~i~ 1994, by and between Seminole County, a political isio~ of the State of Florida, which address is 1101 East First Street, Sanford, Florida 32771, heroin called "COUNTY" for the use and benefit of its Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and State Housing Intiatives Partnership (SHIP) Programs and the CITY of Sanford, a municipality incorporated under the laws of th~ which address is 300 North Park Avenue, Sanford, Florida 32771, heroin called "CITY". WHEREAS, COUNTY has made application effective October 1, 1993, for Community Development Block Grant (CDBG) Program funds and had entered into a contract with the U. S. Department of Housing and Urban Development, heroin called "HUD", pursuant to Title I of the Housing and Community Development Act of 1974 (as amended) and implementing regulations 24 CFR Part 570; WHEREAS, the Volusia/Seminole COUNTY HOME Consortium, herein called "CONSORTIUM", has made application and has entered into a contract with HUD, pursuant to 24 CFR Part 92, to implement a HOME Investment Partnerships Program, herein called "HOME Program"; WHEREAS, the COUNTY has submitted an Affordable Housing Assistance Plan to receive State Housing Incentives Partnership (SHIP) Program funds; WHERFa&S, the COUNTY desires to engage the CITY to render certain services requisite to the accomplishment of the CDBG, HOME, and SHIP Program goals; WHEREAS, the COUNTY and the CITY intend to enter into an agreement to implement a COUNTYwide Emergency Housing Repair and Housing Rehabilitation Program; WHEREAS, the CONSORTIUN and the CITY intend to enter into an agreement to implement a HOME COUNTYwide Housing Rehabilitation Program; WHEREAS, the COUNTY has allocated CDBG funds for Housing Rehabilitation Services for the administration of the HOME City o~ Sanford HO~E/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 1 Rehabilitation Program and the CDBG COUNTYwide Emergency Repair Program and the SHIP Housing Rehabilitation Program; WHEREAS, the CITY has requested CDBG, HOME, and SHIP Program funds from the COUNTY for the purpose of providing eligible housing rehabilitation or emergency housing repair services to implement the HOME Housing Rehabilitation Program, the CDBG Emergency Housing Repair Program, and the SHIP Housing Rehabilitation Program for the benefit of very low income citizens of Seminole COUNTY; and WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125, 163 and 166, Florida Statutes and other applicable law; and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE I. DEFINITIONS A) "CD Administrator"~means the COUNTY's Community Development Principal Planner. B) "CDBG Program" means the COUNTY's Community Development Block Grant (CDBG) Program. C) "CDBG Regulations" means 24 CFR Part 570 and supplemental, additional or successor provisions. D) "CITY" means CITY of Sanford. E) "COUNTY" means Seminole COUNTY. F) "COUNTY Approval" means the written approval of the Planning Director, the CD Principal Planner, or their designate. G) "Emergency Repair Program" means the CDBG COUNTYwide Emergency Housing Repair Program. H) "HOME Program" means the Volusia/Seminole COUNTY HOME Investment Partnerships Act Housing Rehabilitation Program. I) "HOME Regulations" means 24 CFR Part 92 and supplemental, additional or successor provisions. J) "Housing Activities" means the funded rehabilitation and repair activities. K) "HUD" means the U. S. Department of Housing and Urban Development. City o~ San2ord EOME/SHIP Program, FY 93/94 AGREE/CITYREFiAB~AGR 2 L) "Planning Department" means the Director of the COUNTY's Planning and Development Department or his designee for the Community Development office. M) "SHIP Program" means the COUNTY's State Housing Incentives Partnership Program. N) "SHIP Regulations" means Chapter 91-37 of the Florida Administrative Code. O) "Very Low Income" means gross household income not to exceed fifty percent (50%) of the median family income within the Orlando Metropolitan Statistical Area during the term of this agreement, also known as "low income" under the CDBG regulations described in 24 CFR 570. P) "Low Income" means gross household income not to exceed eighty perecent (80%) of the median family income within the Orlando Metropolitan Statistical Area during the term of this agreement, also known as "moderate income" under the CDBG regulations describedin 24 CFR 570. Q) The definitions set forth in this Agreement are applicable to the laws, rules and regulations referred to in this Interlocal Agreement. ARTICLE II. STATEMENT OF WORK A. The CITY, in a manner satisfactory to the COUNTY, shall carry out or cause to be carried out all services described or referred to in Exhibit "A", Scope of Services, which is attached hereto and made a part hereof. Such services shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of the CITY. B. The parties recognize and agree that this Interlocal Agreement is for reimbursement of the cost of providing housing rehabilitation services described in 24 CFR 570.202(b)(9}, 24 CFR 92.205 (a), and Chapter 91-37 of the Florida Administrative Code; and, the parties recognize and agree that this Interlocal Agreement is directly related to the implementation of the CDBG Emergency Repair Program and the housing rehabilitation strategies of the HOME and SHIP Programs. Where housing rehabilitation services expenses are authorized by the COUNTY, those expenses are to be specifically itemized by the hours expended 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 of San~ord HOM~/SHIP Program, FY 93/94 AGREE / C I TYREHAB . AGR 3 CITY's implementation of the aforementioned Housing Activities and shall be in accordance with and consistent with all applicable laws, rules and regulations. ARTICLE III. PERIOD OF CONTRACT Up to the limits of Article IV, Paragraph A hereof, the COUNTY shall reimburse the CITY for the services described in Exhibit "A", Scope of Services, and performed by the CITY prior to June 1, 1995. All such services, whether performed before or after the execution of this Agreement, shall be performed by the CITY in accordance with applicable requirements of HUD and the Florida Administrative Code, and with all requirements of this Agreement, and reimbursement will be contingent thereupon. The CITY shall complete all services described in Exhibit "A", Scope of Services, on or before the contract termination date, unless this Agreement is otherwise amended or extended by written agreement of the parties. This contract shall be effective upon execution by both parties. ARTICLE IV. CONSIDERATION AND LIMITATION OF COSTS/FUNDS The CITY shall be reimbursed by the COUNTY for allowable costs, in accordance with all applicable laws, rules and regulations, and in accordance with this Agreement; in an amount not to exceed THREE HUNDRED SEVENTY FOUR THOUSAND EIGHT HUNDRED SIXTY THREE AND NO/100 DOLLARS ($374,863.00) for the services described in Exhibit "A", Scope of Services". ARTICLE V. PAYMENTS A. Payments to the CITY shall be on a reimbursement basis and shall be limited to the items budgeted in Exhibit "B", Housing Rehabilitation Services Budget. B. The CITY shall submit to the COUNTY during the performance hereof the following.: 1. A cumulative statement of all costs of the services for the period from commencement through the end of the report period for which the statement is being submitted; 2. A statement for all costs of the services for the current report period, categorized by budget line item and consistent with Exhibit "B"; 3. An invoice and copies of all cancelled checks 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 City of Sanford HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB. AGR 4 acceptable in lieu of copies of cancelled payroll checks; 4. Copies of daily time distribution records in support of stated salary expenses. Records shall show the case and type of work being undertaken and the specific particular program under which the work was performed. C. Upon receipt of the above enumerated acceptable documentation, the COUNTY will initiate the payment process. Reimbursement to the CITY shall be made as soon as practicable; provided, however, that, if the CITY has performed services in full compliance with all HUD requirements, the requirements of this Interlocal Agreement and all applicable laws, rules and regulations, then payment shall be made by the COUNTY to the CITY within forty-five (45) days of receipt of acceptable documentation by the COUNTY. D. All disbursements by the CITY must be fully documented to the COUNTY so as to be available, on request, for inspection or audit in accordance with the provisions of this Agreement or as otherwise may be reasonably required. 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 payments of any charges, claims or demands of the CITY not received within said forty-five (45) day period; however, such time may be extended at COUNTY's discretion not to exceed a period of ninety (90) days, provided the delay in its submission is not occasioned by any fault or negligence of the CITY. ARTICLE VI. MODIFICATION OF SCOPE OF SERVICES This Agreement may not be modified, amended, or extended orally. This Agreement may be amended by written agreement executed by the governing bodies of both parties. ARTICLE VII. UNIFOEMADMINISTRATIVE REQUIREMENTS In addition to all other Federal, State and local requirements, during the performance of this Agreement, the CITY shall comply with the requirements and standards of OMB Circular No. A-87, "Principals for Determining Costs Applicable to Grants and Contracts with State, Local and Federally Recognized Indian Tribal Governments", OMB Circular A-128, "Audits of State and Local Governments" (implementation of 24 CFR Part 44) and with 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments". CiCy of Sanior~ HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 5 ARTICLE VIII. COMPLIANCE WITH OTHER PROGRAMREQUIREMENTS A. During the performance of this Agreement, the CITY agrees to comply with all Federal laws, rules, regulations, directires and orders described in 24 CFR 570 Subpart K of these regulations and listed below which by reference are incorporated and made a part hereof: INCORPORATED LAWS, RULES, AND REGULATIONS 1. 24 CFR Part 1- The regulations promulgated pursuant to Title VI of the 1964 Civil Rights Act, Public Law 88-352. 2. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - Prohibits discrimination in employment. 3. Title VIII of the 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 further fair housing. 4. 24 CFR Part 107 - Implementing Executive Order 11063, as amended by Executive Order 12259, which directs 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 on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be 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 against 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 of the Rehabilitation Act of 1973. 6. Labor Standards, Section 110 of the Act - Requires compliance with the Davis-Bacon Act, as amended, pursuant to 29 CFR Parts 3.5 and 5a; 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. City of Sanford HOP~/SHIP Program, FV 93/94 AGREE/CIT~RE~iAB.AGR 6 8. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, HUD implementing regulations at 24 CFR Part 42, and Section 104 of the Act - Provides for the protection of individual rights when affected, or potentially affected, by relocation, acquisition and displacement activities. 9. Executive Order 11246, as amended by Executive Order 12086 - Provides that no person should 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. Section 3 of the Housing and Urban Development Act of 1968 - Requires HUD recipients provide, to greatest extent feasible, opportunities for training and employment to local very low and low income persons. 11. Lead-Based Paint Poisoning Prevention Act - Prohibits the use of lead-based paint and provides for the elimination of lead-based paint in all residential structures constructed or rehabilitated with Federal assistance. 12. 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. 13. Conflict of Interest - Compliance with the provisions of 24 CFR 85.36, 24 .CFR 570.611, 24 CFR 92,356 and OMB Circular A-110 is mandatory. 14. 24 CFR Part 570 - Compliance with the regulations regarding the CDBG Program. 15. 24 CFR Part 92 - Compliance with the regulations regarding the HOME Program. 16. Any and all other laws, rules and regulations relating in any way to the matters set forth or implied in this Interlocal Agreement. B. The CITY does not assume the COUNTY's environmental responsibilities describe 24 CFR 570.604, and the CITY does not assume the COUNTY's responsibilities for initiating the review process under the provisions of Executive Order 12372 and 24 CFR Part 52. However, the CITY shall perform site- specific reviews, pursuant to the COUNTY's Environmental Review Monitoring Strategy and any requirements of any law, City o2 Sanford HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 7 rule or regulation. This provision does not release the CITY from any environmental pollution that it may cause or allow and the CITY shall assume full liability thereof. ARTICLE IX. COMPLIANCE WITH LOCALAND STATE LAWS During the performance of thisAgreement, the CITY agrees to comply with all applicable State and local laws, regulations and ordinances , which by reference are incorporated and made a part hereof, including, but not limited to the following: 1. Florida Statutes, Chapter 112 - Deals with conflicts of interest. 2. Administrative Procedures - Procedures which may be issued by the Seminole COUNTY Planning and Development Department for the implementation of the COUNTY's SHIP Program. 3. Chapter 9I~37, F.A.C. - Compliance with the regulations regarding the SHIP Program. 4. Any and all laws, rules and regulations relating to the matters set forth or implied in this Interlocal Agreement. ARTICLE X. PRIOR WRITTENAPPROVALS - 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 or payments: 1. Initiation of new activities not covered by this Agreement, or changes in the locations of activities or the deletion of any activity. 2. Purchase of any capital equipment other than actual project construction. 3. All proposed travel exceeding 200 miles (one-way), conferences, hearings, and meetings, except as are found to be directly related to the COUNTY's Housing Activities which are the subject of this Agreement. 4. All change orders to this Interlocal Agreement. 5. Requests to utilize remaining funds should' there be a surplus after the work is substantially completed. ARTICLE XI. PROJECT PUBLICITY Any news release, project sign, or other type of publicity City of San~ord HOME/SHIP Program, FY 93/94 AGREE/CITYREEAB.AGR pertaining to the project, as stated herein, must recognize the Seminole COUNTY Board of county Commissioners as the recipient funded by HUD and the Florida Department of Community Affairs and providing funds to the CITY of Sanford. ARTICLE XII. MANAGEMENT ASSISTANCE The CD Administrator or his designee will be reasonably available to the CITY to provide guidance on CDBG, HOME and SHIP Program requirements. ARTICLE XIII. MAINTENANCE OF RECORDS A. The CITY shall, at a minimum, maintain all records required by all Federal, State and local laws, rules and regulations and procedures. B. The CITY shall maintain such records, accounts, property records, personnel records, as are deemed necessary by the COUNTY or otherwise typical in sound business practices to assure proper accounting of all project funds and compliance with the provisions of this Agreement. C. The CITY shall maintain all financial records as are required by Federal regulations and shall insure that it maintains all financial records relative to the following matters: (a) Items purchased and paid for through standard the CITY procedures: invoices and copies of cancelled checks. (b) Contractual Agreements: the contract, billings and copies of cancelled checks. (c) Force Account Construction: records indicating name, position, number of hours and total labor costs. (d) Any materials drawn from a stockpile: records indicating amount of material and cost thereof based on the purchase price. {e) Employees paid from grant funds: personnel and payroll data together with documentation that each employee was, in fact, working on grant-related projects. {f) Capital expenditures in excess of $300.00: description, model, serial number, date of acquisition and cost of acquisition. D. The CITY shall cause the housing rehabilitation services City of Sanford HOM~/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 9 activity and funds to be audited annually, in accordance with Federal OMB Circular A-128, and in conjunction with each regular CITY audit. Copies of all audits covering or otherwise relating to the use of these funds shall be provided to the COUNTY and the CD Administrator. E. All records and contracts, of whatsoever type or nature, required by this 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 this Agreement made by any local, State or Federal agency. The CITY shall retain all of its records and supporting documentation applicable to the Agreement for five (5) years after either the resolution of the final audit. ARTICLE XIV. 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, all bid information, construction summaries, completed units, units being worked upon 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. Also included in the monthly reports shall be a summary of for each housing unit identified for assistance and for each housing activity. These reports shall be provided as part of the financial reimbursement process and are due no later than the 15th day of each month. The COUNTY shall have access to and be provided copies and transcriptions of such records as may be necessary, in the sole determination of the COUNTY or HUD, to accomplish this obligation. ARTICLE XV. NON-EXPENDABLE PROPERTY Any non-expendable personal property acquired by the CITY for the purpose of carrying on the projects anticipated herein; and approved by the COUNTY in accordance with this Agreement, shall be subject to the provisions of all Federal, State and local regulations including, but not limited to, the provisions on use and dispositionof property. At the termination of this Agreement, any grant funded nonexpendable personal property shall be made available to the COUNTY and HUD, in accordance with said provisions. City o~ San~ord HOI~E/SHIP Program, FY 93/94 AGREE/CITYREEAB.AGR 10 ARTICLE XVI. CONTRACT LIABILITY Except for reimbursement as specifically set forth in this agreement, 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 it has agreed to perform hereunder, or for debts or claims accruing to such parties against the CITY; and there is no contractual relationship, either express or implied, between COUNTY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the CITY as a result of its services to COUNTY hereunder. ARTICLE XVII. SUBCONTRACTS All contracts made by the CITY to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations as set forth in this Agreement. Any additional work or services subcontracted hereunder shall be subject to each Article set forth in this Agreement. ARTICLE ][VIII. INDEMNIFICATION A. 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 howsoever 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 omission of the CITY in the performance of this Agreement or any part thereof; or by reason of a judgment over and above the limits provided by the insurance required under this Agreement; or by any defect in the construction of the project; and 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 this Interlocal Agreement, or any other matter relating to this Agreement, the COUNTY shall give notice in writing thereo~ to the CITY by registered or certified mail addressed to the CITY at its address herein before given. Upon the receiving of such notice, the CITY, at its own expense, shall diligently defend against such action and take all such steps as may be necessary or proper therein to prevent the obtaining of a judgment against the COUNTY. ARTICLE XIX. INSURANCE CiEy of Sanford HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 11 The CITY shall insure that either its insurance coverage or self- insurance program or the inshrance coverage of its contracted agents are adequate and sufficient to cover the activities performed under this Agreement, as the case may be as to the particular actions undertaken. The CITY shall insure that the insurance requirements upon all contractors conform to and comply with all applicable Federal, State and local regulations. ARTICLE XVIII. NON-ASSIGNABILITY The CITY may not assign this Agreement without the prior written consent of the COUNTY. ARTICLE XIX. HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE XX. PROGRAM INCOME A. In the event that any program income is received during the contract period, the CITY may retain such income for use as specified in this Agreement. Such program income will be immediately reported to the COUNTY and the next reimbursement request will be reduced accordingly. B. If any program income is received after the term of this Agreement, or at the end of the year when all remaining items have been budgeted, the program income will either be returned to the COUNTY for proper accounting into the appropriate fund or account, or may be used by the CITY for use as specified in this Agreement, but only upon written approval by the COUNTY. ARTICLE XXI. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination may occur if the CITY materially fails to comply with any term of this Agreement, This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44, which provides for termination for mutual convenience or partial termination for specified reasons. This InterlocalAgreement may also be terminated by the COUNTY for cause. ARTICLE XXII. REVERSION OF ASSETS Upon the expiration of this Agreement the CITY shall transfer to the COUNTY any CDBG or HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG or HOME funds. Any real property under the CITY control that was acquired City O~ San2ord HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 12 or improved in whole or in part with CDBG or HOME funds in excess of $25,000 will be covered by the regulations at 24 CFR 85. ARTICLE XXIII. CERTIFICATION REGARDING LOBBYING The CITY hereby, certifies, by examination of to this Agreement, that to the best of his or her 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 of 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. ARTICLE XXIV. AVAILABILITY OF FUNDS The CITY acknowledges that a portion of the funding for this Agreement is from the State 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 Program funds. Although the COUNTY has not over obligated its SHIP funds for the two (2) fiscal years over which this 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 under this Agreement in any particular month is specifically limited to the State disbursement of SHIP funds for that month to the COUNTY and will be paid by the COUNTY to the various subrecipient organizations under the various agreements in order of priority of complete and valid submissions. For purposes of this Agreement, a valid and complete submission is a request for payment which contains all the information and City of Sanfor~ HOME/SHIp Program, FY 93/94 AGREE/CITYREHAB. AGR 13 documentation requested in the Agreement and which complies with all of the terms of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed at the place and on the day hereinabove first written. Date: 7 ATTEST: Seminole COUNTY, Florida, ~Y SE - DICK VAN DER WEIDE, Chairman Ci~ of COUNTY COUNTY, Florida Date: For the use and reliance As authorized for execution of Seminole COUNTY only. by the Board of COUNTY Approved as to form and Commissioners at their · Y ATTES CONSORTIUM: VOLUSIA/SEMINOLE ate, City of San2ord HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 14 EXHIBIT A SCOPE OF SERVICES The CITY shall, at a minimum, provide the following housing rehabilitation and emergency housing repair services for the purpose of administering and implementing COUNTYwide housing activities that will address housing related community development needs of very low income (not low, moderate or higher income) households within Seminole COUNTY. Io DESCRIPTION OF SERVICES A. HOME/SHIP Housing Rehabilitation: Implement housing rehabilitation activities pursuant to the requirements of both HOME and SHIP Program regulations (24 CFR Part 92 and Chapter 91-37 of the Florida Administrative Code) and this interlocal subrecipient Agreement. The CITY shall, at a minimum, perform the following tasks, and all other tasks necessary, to assure compliance with both HOME and 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 clientTs housing unit to determine deficiencies and prepare work specifications. 4. Assure proposed work specifications are in compliance with all program requirements, including the HOME Program Environmental Review Monitoring Strategy. 5. Provide rehabilitation counseling to eligible clients regarding all applicable program requirements. 6. Execute rehabilitation grant or loan agreement{s) with clients. 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 compliance with all program requirements. 9. Inspect, monitor progress and assure completion of rehabilitation work. City of Sanford HOlqE/SHIP Program, FY93/94 AG~EE/C~TY~EH~. AGR 15 10. Approve and process payments to contractors pursuant to the 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 requirements of this Agreement. 12. Maintain and make available all related records, project files and financial records in accordance with all 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. When applicable, provide letters, notices and documentation to the COUNTY. 14. The CITY shall match the total amount of HOME Program funding with SHIP Program funding at a ratio of at least 1:.45, i.e., HOME funding must be matched at least 45% by SHIP funding. For all housing units assisted with HOME funds during the term of this Agreement, a minimum average of $1,000 per housing unit in HOME funding shall be maintained. In addition, no SHIP funds shall be counted as match for HOME funding unless they are spent on housings units also assisted with HOME funds. No SHIP funds may be spent on reconstruction units as defined in the HOME regulations. 15. The total amount of HOME and SHIP funds spent on any house shall not exceed $18,000, exclusive of donated services or materials or volunteer labor. An additional $2,000 may be authorized by the CD Administrator on a case-by-case basis. For reconstruction units, a total of $30,000 may be spent, with an additional $3,000 upon case-by-case approval by the CD Administrator. 16. Otherwise comply with the terms of this Agreement and all laws, rules and regulations. B. CDBG Emergency Housing Repair: Implement emergency housing repair activities pursuant to the requirements of the CDBG program regulations (24 CFR Part 570) and this Interlocal Agreement. The CITY shall, at a minimum, perform the following tasks, and all other tasks necessary, to assure compliance with CDBG Emergency Repair Program requirements: City of Sanford HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 16 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 prepare work specifications. 4. Assure proposed work specifications are in compliance with CDBG Program requirements, including the CDBG COUNTYwide Emergency Repair Program Environmental Review Monitoring Strategy. 5. Provide rehabilitation counseling to eligible clients regarding CDBG Program requirements. 6. Execute emergency repair grant agreements with clients. 7. Request and accept bids from eligible contractors to complete the repairs according to work specifications. 8. Coordinate the execution of home repair contracts between client's and contractors. Review housing repair contracts to assure compliance with CDBG program requirements. 9. Inspect and monitor progress and assure satisfactory completion of repair work. 10. Approve and process payments to contractors pursuant to the completion of work. The CITY shall forward payment requests to the COUNTY for approval and payment by two- party check to the CITY and the general contractor. 11. Prepare monthly CDBG Subrecipient Status Reports and payment requests and submit to COUNTY in accordance with CDBG Emergency Housing Repair Program requirements. 12. Maintain and make available CDBG Emergency Housing Repair Program records, project files and financial records in accordance with program requirements. 13. Consult with the CDBG Administrator, or his designee, to assure compliance with CDBG Program requirements, and follow corrective action directed by the COUNTY when consistent with program requirements. When applicable, provide letters, notices and documentation to the COUNTY. 14. Otherwise comply with the terms of this Agreement. 15. HOME or SHIP shall not be used in conjunction with City o~ Sanford HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 17 Emergency Housing Repair funding on any housing unit. 16. The maximum amount of CDBG Emergency Housing Repair funds spent on any housing unit shall not exceed $7,500 with an additional $1,000 allowed upon case-by-case approved by the CD Administrator. II. ELIGIBLE HOUSING REHABILITATION SERVICES COSTS A. Eligible housing rehabilitation services costs are those related to assisting owners, tenants, contractors and other entities, participating or seeking t0 participate in housing rehabilitation activities, including salaries, benefits and operating expenses. B. The costs authorized under this agreement are itemized in Exhibit "B", Housing Rehabilitation Services Budget. III. STAFFING Only those hours worked on functions and activities funded by Seminole COUNTY's housing activities may be reimbursed. Any and all other positions must be approved in writing by the COUNTY's Planning and Development Department prior to being funded in whole or in part by this program. IV. PROJECTED ACCOMPLISHMENTS The CITY shall report the number of housing units assisted during the term of this 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 this Agreement: HOME/SHIP Program Rehabilitation 13 CDBG Emergency Repair 7 V. 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. VI. SPECIAL REGULATIONS The CITY shall, in the fulfillment of this 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 Ci=y of Sanford HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 18 EXHIBIT B HOUSING REHABILITATION SERVICES BUDGET ADMINISTRATIVE EXPENSES IMPLEMENTATION EXPENSES Rehabilitation Costs (HOME): $140,00.00 Rehabilitation Costs (SHIP): 111,663.00 Emergency Repair Costs (CDBG): 56,000.00 Administrative Expenses 67,200.00 (CDBG): Total 374,863.00 City o2 San~ord HOME/SHIP Program, FY 93/94 AGREE/CITYREHAB.AGR 20