524-SHIP Program-5/96 CITY OF SANFORD INTERLOCAL SUBRECIPIENT AGREEM
c0 zTY DE LOP. NT BLOCK PROG
1996, by and between SEMINOLE COUNTY, a political subdiv
the State of Florida, whose addres~ is'll01 East First Street,
Sanford, Florida 32771, hereinafter referred to as "COUNTY," for
the use and benefit of its Community Development Block Grant (CDBG)
Program and CITY OF SANFORD, a municipality incorporated under the
laws of the State of Florida, whose address is 300 North Park
Avenue, Sanford, Florida 32771, hereinafter referred to as "CITY."
WHEREAS, COUNTY has made application effective October 1,
1993, and entered into a contract with the United States Department
of Housing and Urban Development, hereinafter referred to as "HUD,"
pursuant to Title I, Housing and CommunityDevelopment Act of 1974,
as amended, and implementing regulations set forth.in 24 Code
Federal Regulations ~CFR) Part 570; and
WHEREAS, the Volusia/Seminole County Home Consortium,
hereinafter referred to as "CONSORTIUM," has made application and
entered into a contract with the United State Department of Housing
and Urban Development~ hereinafter referred to as "HUD," pursuant
to 24 CFR Part 92, to implement a HOME Investment Partnerships
Program, hereinafter referred to as "HOME Program;" and
WHEREAS, the COUNTY has submitted an Affordable Housing
Assistance Plan to receive State Housing Incentives Partnership
Program funds, hereinafter referred to as "SHIP;" and
CERTIFIED COPY'
MARYANNE MORSE
1 CLERKOFCIRCUIT COURT
BCEM~GUP~
DE~IYCLERK
WHEREAS, the COUNTY has allocated CDBG funds for housing;_
rehabilitation services for the administration of the HOME
Rehabilitation P~ogram, the CDBG Emergency .Housing Repair Program
and the SHIP Housing Rehabilitation Program; and
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 HOMEHousing 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 Agreement is authorized by the provisions of
Chapters 125, 163 and 166, Florida Statutes, and other applicable
law; and
WHEREAS, the COUNTY desires to engage the CITY to render
services neceSSary to achieve the aforesaid objectives,
NOW THEREFORE, in consideration Of the mutual covenants,
promises and representations contained herein and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the partieshereto 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. "CDBG Administrator" means the Seminole County Community
Development Principal Planner.
b. "CDBG Program" means the Seminole County CDBG Program.
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c. "CDBG Regulations" means 24 CFR Part 570 and supple~en-..
tal, additional or successor provisions.
d. "CountyApproval" means written approval by the Planning
Director, Community Development Principal Planner, or their
designee
e. "Housing Activities" means'the funded rehabilitation and
repair activities.
f. "Planning Department" means the COLINTY's Planning and
Development Department Director or his designee for the Community
Development Office.
g. "SHIP Regulations" means Chapter 91-37, Florida Adminis-
trative Code (F.A.C.).
h. "VeryLow 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 regUla-
tions.
Section 3- Statement of Work.
a. The C~TY, 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 incorpo-.
rated 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 purpose of this
Agreement is to reimburse the cost of providing housing rehabilita-
tion services as described in 24 CFA 570,202(b) (9), 24 CFR
92,205(a) .and Chapter 91-37, F.A.C., and the Agreement is directly
related to the implementation of the CDBG ~mergency Housing Repair
Program and the housing rehabilitati6n 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 or dollars
expended or as otherwise required by applicable laws, rules and
regulations. All hours charged by staff and direct expenses shall
be specifically and directly related to the CITY's implementation
of the CDBG activities.
Section 4. Term. The COUNTY shall reimburse the CITY for the
services described in Exhibit "A" performed by the CITY up to the
limits of Section 5. All such services shall be performed by'thg~
CITY in accordance with applicable requirements .of HUD with
reimbursement contingent thereupon. The CITY shall complete all
services described in Exhibit "A" on or before June 30, 1996,
unless the Agreement is otherwise amended or extended by written
agreement of the parties as provided hereunder. The Agreement
shall be effective upon execution by both parties.
Section 5. Consideration and Limitation of Costs. The COUNTY
shall reimburse the CITY for costs, in accordance with the
Agreement and all applicable laws, rules and regulations, in an
amount not to exceed TWO HUNDRED THIRTY-ONE THOUSAND FOUR HLTNDRED
FORTY-TWO AND NO/100 DOLLARS ($231,442.00) for the services
described in Exhibit "A." The CITY shall expend all of the
aforementioned funds on or before june 30, 1996.
Section 6. Payments.
a. Payment to the CITY shall be ~n a reimbursement basis
limited to the items budgeted in 6he Project Budget, attached
hereto and incorporated herein by reference as Exhibit "B." The
CITY is authorized to submit invoices for expenses incurred
hereunder on or after January 1, 1996, through the term of the
Agreement as set forth in Section 4 herein.
b. The CITY shall submit to the COUNTY, during the term
hereof, the following:
1. A cumulative statement ofa!l costs of services for
the period from commencement through the end of the report period
for which the statement is submitted;
2. Astatement of all costs of services for the current
report period, categorized by budget line item and consistent with
Exhibit "B;"
3. An invoice and copies of receipts or other accept-
able documentation issued for payment of any expense. Howeyer,
when: reimbursement is sought for salaries to CITY's employees, a
copy of the payroll shall be acceptable in lieu of copies of
canceled payroll checks;
4. Copies of daily time distribution records in support
of stated salary expenses. Records shall reflect the case and type
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of work performance and specific program for which the work was
perform~.
c. Upon receipt of the above enumerated documentation, the
COUNTY shall initiate the payment process. Reimbursement to the
CITY shall be made as soon as practicable;Iprovided, however, that,
if the CITY has performed services i~ full compliance with all HUD
requirements, payment shall be made by the COUNTY to the CITY
within forty-five (45) days of receipt of documentation by the
COUNTY.
d. ' All disbursements by the CITY must be fully documented to
the COUNTY and available, upon request, for inspection or audit in
accordance with the provisions of Section 14 hereinbelow.
e. Within forty-five (45) days after completion of all
services to be performed, the CITY shall render a final and
complete statement .to the 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 in writing, at COIINTY'S discretion, not
to exceed a period of ninety (90) days, provided .the delay in
submission is not occasioned by any fault or negligence of the
CITY, as determined by the COUNTY.
Section 71 Availability of Funds. 'The CITY acknowledges that
a portion of the funding for this 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
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CITY acknowledges that the COUNTY has entered into similar agr~e~.._
ments with other organizations for the award and allocation of SHIP
Program funds. Although the COUNTY has not over obligated its SHIP
funds for the period 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 under the Agreement in any particular month is
specifically limited to the State of Florida disbursement of SHIP
funds for that month to the COUNTY and shall be paid by the COUNTY
to subrecipient organizations under the various agreementsin order
of priority of complete and valid submissions. For purposes of the
Agreement, a valid and complete submission is a request for payment
which contains all the information and documentation requested in
the Agreement and otherwise complies with the Agreement.
Section 8. UniformAdministrative Requirements. In addition'
to all other Federal, State and local requirements for the
performance of the Agreement, the CITY shall comply with the
requirements of 'OFE~ Circular No. A-87, "Principals for Determining
Costs Applicable to Grants and Contracts with State, Local and
FederaliF recognized Indian Tribal Governments," OMB Circular A-
128, "Audits of State and Local Governments," (implementation of 24
CFR Part 44) and 24 CFR Part 85, "Uniform Administrative Require-
ments for Grants and Cooperative Agreements to State and Local
Governments."
Section 9. Compliance with other Program Requirements.
a. During the Agreement, the CITY shall comply with all
Federal laws, rules, regulations, directives and orders described
in 24 CFR570 Subpart K and the regulations listed below which by
reference are incorporated herein and ma~? a part hereof:
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 ("Act") - 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.
4. 24 CFR Part 107 Implementing Executive Order
11063, as amended by Executive Order 12259, which directs ~ t~
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
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the Act further prohibits against ~iscrimination on the basi~ of~
age under the Age Discrimination Act of !973, or with respect to an
otherwise qualified handicapped person as provided in Section 504,
Rehabilitation Act of 1973.
6. Section 110, Labor Standards - Requires compliance
with the Davis-Bacon Act, as amended, pursuant to 29 CFR Parts 3.5
and 5a; and the Contract Work Hours and SafetyStandards 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 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 bv Executive Order.
12086 - Provides that no person should be discriminated against on
the basis of rade, color, religion, sex or national origin in all
phases of employment during the performanc~ of Federally assisted
construction contracts.
1O. Section 3, Housing and Urban Development Act of 1968
- Requires HUD recipients to provide, to the greatest extent
feasible, opportunities for training and employment to very low
and low income persons.
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11. Lead-Based Paint ~oisoning 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 - Provides that assistance shall not
be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or CITY
during any period of debarment, suspension, or placement in
ineligibility status under the provisions of 24 CFR Part 24.
13. Conflict of Interest - Provides that compliance with
the provisions of 24 CFR Part 85.36, 24 CFR Part 570.611 and
Circular A-110 is mandatory.
14. 24 CFR Part 570 Provides for compliance with
regulations regarding the CDBG Program.
.15. 24 CFR Part 92 - Provides for compliance with
regulations regarding the HOME program.
b. Neither party shall assume the environmental responsibil-
ities of the other, as described in 24 Part CFR 570.604, nor the
responsibilitie~ associated with initiating the review process
pursuant to the provisions of Executive Order 12372 and 24 CFR Part.
52. However, the aforesaid shall neither exempt the CITY from
performing site-specific reviews in accordance with the COUNTY's
Environmental Review Monitoring Strategy nor release the CITY from
any environmental pollution that it may cause or have caused and
the CITY shall assume full liability therefor.
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Section 10. Compliance with Lo~al and State Laws. During ~he..~
Agreement, the CITY shall comply with all applicable State and
local laws, regulations and ordinances, which by reference are
incorporated herein and made a part hereof, including, but not
limited to, the following: ...
a. Chapter 112, Florida Statutes Governing conflicts of
interest.
b. Chapter 91-37, F.A.C. governing the ~IP Program.
c. Administrative Procedures Procedures which may be
issued by the Planning Department for implementation of the
COUNTY's CDBG Program.
Section 11. Prior Written Approvals - Summary. The following
includes, but is not all inclusive of, activities requiring the
prior written approval of the COUNTY for reimbursement or payment:
a. Initiation of new activities not covered by the Agree-
ment, changes in the location of, or the deletion of any activfty.
b. P~rchase of any Capital equipment other than actual
project construction.
c. All p~oposed travel exceeding 200 miles (one-way),
conferences, hearings and meetings, exceptas may be directly
related to housing activities which are the subject of the
Agreement.
d. All Change orders to the Agreement.
e. Requests to utilize remaining funds should a surplus
remain after the work is substantially completed.
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Section 12. 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 providing funds to
the CITY. .,,
Section 13. Management Assistance. The CDBG Administrator or
his designee shall be available to the CITY to provide guidance on
CDBG, HOME and SHIP requirements. ~
Section 14. Maintenance of Records~
a. The CITY shall, at a minimum, maintain all records
required by Federal, State and local laws, rules and regulations.
b. The CITY shall maintain all records, including accounts
and property and personnel records, as deemed necessary by the
COUNTY or otherwise typical in sound business practice to assure
proper accounting of all pro~ect funds and compliance with the
Agreement.
c. The CITY shall maintain financial records as required by
Federal regulations in addition to financial records relative to
the following m~tters:
!. Items purchased a~d paid.for through standard CITY
procedureS: invoices and copies ofcanceled 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.
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4. Any materials drawn from a stockpile: record%..~
indicating amount of material and cost thereof based on the
purchase price.
5. Employees paid from grant funds: personnel and
payroll data together with documentation that each employee was, in
fact, working on related projects funded hereunder.
6. Capital expenditures in excess of $300.00:
description, model, serial number and date and cost of acquisition.
d. The CITY shallperform or cause to be performed an annual
audit of its activities and funds in accordance with Federal OMB
Circular A-128~ and in conjunction with each regular CITY audit.
Copies of all audits relating to the use of these funds shall be
provided-to COUNTY and the CDBG Administrator in a timely manner.
The audit shall include an opinion of compliance or noncompliance
in accordance with 24 CFR Part 85 requirements.
e. All records and contracts, of whatsoever type or nature,
requiredby the Agreement shall be available for audit, inspection
and copying in accordance with Chapter 119, Florida Statutes. The
COUNTY shall h~ve 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 three (3) years after resolution of the final audit and in
accordance with Florida law~
Section 15. Evaluation. The CITY shall provide COUNTY and
CDBG Administrator, in a form prescribed by COUNTY, a monthly
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report summarizing the number of active projects under constr~c-;
tion, all bid information, construction summaries, completed units,
units worked upon in any way and the amount of housing rehabilita-
tion services funds obligated and expended on each housing unit for
each program, and other informatien required by the COUNTY to
complete the annual performance report for the State of Florida.
The monthly report shall also include a summary for each housing
unit identified for assistance and for each housing activity. The
CITY shall prgvide the report as part of the financial reimburse-
ment process no later than the 15th day of each month. The COUNTY
shall have access to and be provided copies and transcripts of such
records as may be necessary, in the sole determination of the
COUNTY,.or HUD, to accomplish this obligation. .
Section 16. Non-Expendable Property. Any non-expendable
personal property acquired by the CITY to perform the projects
herein, and approved by the COUNTY in accordance with the Agree-'
ment, shall be subject to all Federal, State and local regulations,
including, but not limited to, the provisions on use and disposi-
tion of property. At the termination of the Agreement, any grant-
funded noneexpendable personal property shall bemade available to
the COUNTY and HUD in accordance with the aforesaid provisions.
Section 17. Liability. Except for reimbursement as specifi-
cally set forth herein, the COUNTY shall not be liable to any
person, firm, entity or corporation which contracts with or
provides goods or services to the CITY in connection with the
services the CITY has agreed to perform hereunder, or for debts or
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claims accruing to such parties against the CITY. The Agreemen~c
shall not create a 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 services to COLrNTY h~ereunder.
Section 18. Subcontracts. All contracts made by the CITY to
perform the 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 subject to the Agreement.
Section 19. Indemnification
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 whatsoeTer 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 whosoever, resulting out of
fraud, defa!cation~ dishonesty or failure of the CITY to comply
with applicable laws or regulations; or by reason or as a result 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 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
15
the Agreement, or any other matter r~lating to this Agreement,.the.-
COUNTY shall give provide in writing thereof to the CITY by
registered or certified mail addressed to the CITY at the address
provided hereinafter. Upon receiving such notice, the CITY, at its
own expense, shall diligently defend against such action suit or
proceeding and take all action necessary or proper to prevent the
obtaining of a judgment against the COUNTY.
Section 20. 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
comply with applicable Federal, State and local regulations.
Section 21. Non-Assignability. Neither party shall assign
the Agreement without the prior written consent of the other.
SectiOn 22. 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 23~ Program income.
a. In the event that any program income is received during
the Agreement, the CITY may retain such income for use as specified
hereunder. Such program income shall be immediat&ly reported to
the COUNTY by the CITY and the next reimbursement request reduced
accordingly.
b. If any program income is received after expiration of the
Agreement or at the end of the year when all remaining items have
16
been budgeted, the program income shall either be returned to ~h~
COUNTY for proper accounting in the CDBG fund, or used by the CITY
pursuant to the Agreement, as specified in writing by the COUNTY.
Section 24. Suspension and Termination. In accordance with
24 CFR Part 85.43, the COUNTY may i~ediately' suspend or terminate
the Agreement if the CITY materially fails to comply with any term
or condition hereunder. Notice thereof shall be provided pursuant
to the Agreement. The Agreement may also b~ terminated for
convenience in accordance with 24 CFR Part 85.44, providing for
termination for mutual convenience, or partial termination for
specified reasons. The Agreement may also be terminated immediate-
ly by the COUNTY for cause.
Section 25. Reversion of Assets. Upon expiration of the
Agreement,. the CITY shall transfer to the COUNTY any remaining
CDBG, HOME, or SHIP,funds and any accounts receivable attributable
to the use of CDBG, HOME, or SHIP funds. Any real property con-
trolled by the CITY and acquired or improved in whole, or in part,
with CDBG funds in excess of TWENTY-FIVE THOUSAND AND NO/100
DOLLARS ($25,000.00) shall be governed by 24 CFR Part 85.
Section 26. Certification Regarding Lobbying. The CITY
hereby certifies, by examination of the Agreement, that, to the
best of its knowledge and belief:
a. No Federally appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of
17
Congress, or an employee of a member.pf Congress in connection
the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal--contract, grant, loan or
cooperative agreement.
b. If any funds other than Federally appropriated funds have
been paid or will be paid to any person fo~ influencing or
attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or any
employee of a member of Congress in connection with this Agreement,
the CITY shall complete and submit Standard Form-LLL, '!Disclosure
Form to Report Lobbying," in accordance with its instructions.
Section 27. Notices. Whenever either party desires to give
notice unto the other, notice may be sent to:
For COUNTY
Planning and Development Department
Community Development Division
Seminole County Services Building
1101 East First Street
Sanford, F~ 32771
For CITY
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Eitherof the parties may change, by written notice as provided
herein, the address or person for receipt of notice.
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Section 28. Conflict of Interes~. ]~_
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 the Agreement with the COUNTY or which
would violate or cause others to violate. the provisions of Part
III, Chapter I12, Florida Statutes, relating to ethics in govern-
ment. See Seminole County Personnel Policy 4.10 (F).
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 t-he 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 the Agreement.
c. Pursuant to Section 216.347, Florida Statutes, the CITY
hereby agrees that monies received from the COUNTY pursuant to the
Agreement will not be used for the purpose of lobbying the
Legislature or any other State or Federal Agency.
Section 29. Entire Agreement; Effect on Prior Agreement.
This instrument' constitutes the entire Agreement between the
parties and supersedes all previous discussions, understandings and
agreements between the parties relating to the subject matter of
the Agreement, if any. Amendment to and waivers of the provisions
herein shall be made by the parties in writing by formal amendment.
Section 30. Remedies. Upon determination that a breach has
occurred and in addition to the remedies provided by law, the
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COUNTY may elect any of the following.remedies, as applicable
appropriate:
a. Terminate the Agreement and designate the remaining
uncommitted funds for any other eligible program or activity or to
the COUNTY's trust fund without further obligation to the CITY, and
require the CITY to repay any monies not expended in accordance
with the Agreement.
b. Require specific performance of the Agreement.
c. Demand payment and/or performance from the surety, if
applicable.
Section 31. Severability. If any one or more of the
covenants or provisions of the Agreement shall be held to be
contrary to any express provision of law or contrary tothe policy
of express law, though not expressly prohibited, or against public
policy, or shall, for any reason whatsoever, be held inva!id,.then
such covenants or provisions shall he 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.
IN WITNESS WHEREOF, the parties hereto have caused. the
Agreement to be executed on the date hereinabove first written.
ATTEST: CIT OF SANFORD _
DON B . S , Mayor.
Date: ~
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ATTEST: BOARD OF COUNTY COMMISSIONERS,-_- -
-" SEMINOLE COUNTY, FLORIDA
Clerk t~ of '
county Commissioners of Date= ~'~l.q~
Seminole County, Florida
For the use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Approved as to form and sion rs at their ~/~
legal sufficiency. 19 ~ ~, regular meeting.
County Attorney
SED/dre
032996
'2 Attachments
1. Exhibit A - Scope of Services
2. Exhibit B Project Budget
F:\USERS\DEB\AGT\S~F9394.I~
21
EXHIBIT A
SCOPE OF SERV-ICES
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.
I. 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 client's 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.
HO~E/SHIP Pt'Q,lram, FY 93/94
AGREE/CI TWREHAB. AGR
10.' ~pprove 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 Actministrator, 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 theCOUNTY.
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 ~pent
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 regularlogs.
B. CDBG Emergency ~ousing 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 Emergenc3~ Repair Program requirements:
HOh~/SiiI? Program, F'K 93/94
AGP, EE/ C I T?'REiIAB. AGR
1. Request (aggressively advertise), receive and process
._.applications for assistance from program clients ....
2. Determine and verify client eligibility.
3. inspect eligible c!ient's housing unit to determine
deficiencies prepare work specifications.
4. Assure proposed work specifications are in compliance
with CDBG Program requi~emen~ including the CDBG
COUNTYwide Emergency Repair'Program Environmental Review
Monitoring Strategy.
5. Provide rehabilitation counseling to eligible clients
~egarding CDBG Program requirements.
6. Execute emergency repair grant agreements wit-h 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 comp]ell~on 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.
1t. 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
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 to participate
in housing rehabilitation activities, including salaries,
benefits and operating expenses.
B. The costs authorized under this agreemen~ 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 ACCOMPLISHiqENTS
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, theU~
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
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