524-SHIP Program 1995/96 SEMINOLE COUNTY/CITY OF SANFORD
SUBRECIPIENT AGREEMENT
CDBG AND SHIP PROGRAMS
HOUSING REHABILITATION ACTMTIES
PROGRAM FUNDING YEAR 1995-96
THIS AGREEMENT, entered into this (~-~day of ~_,, 199 ~ , by and between
Seminole County, a political subdivision of the State of Florida, whose address is 1101 East
First Street, Sanford, Florida 32771, hereinafter called "COUNTY" for the use and benefit
of its Community Development Block Grant (CDBG) and State Housing Initiatives
Partnership (SHIP) Programs, and the City of Sanford, a municipality incorporated under
the laws of the State of Florida, whose address is ~300 North Park Avenue, Sanford, Florida
32771, hereina~er called "CITY." "
WHEREAS, COUNTY has made application for Community Development Block
Grant (CDBG) Program funds and entered into a grant agreement with the United States
Department of Housing and Urban Development, hereina~er called "HUD," pursuant to
Title I of the Housin9 and Community Development Act of 1974, as amended, and
implementing regulations 24 Code of Federal Regulations (CFR) Part 570; and
WHEREAS, the COUNTY has submitted an Affordable Housing Assistance Plan to
receive SHIP Program funds; and
WHEREAS, the COUNTY desires to engage the CITY to render certain services
necessary to accomplish the CDBG and SHIP Program 9oals; and
WHEREAS, the COUNTY and the CITY intend to enter into an agreement to
implement a county-wide Housing Rehabilitation Program (reconstruction and emergency
repair activities); and
WHEREAS, the COUNTY has allocated CDBG funds for Housing Rehabilitation
Services for the administration COUNTY's Housing Rehabilitation Program of the SHIP
Program; and
WHEREAS, the CITY has requested CDBG and SHIP Program funds from the
COUNTY to provide eligible housing rehabilitation services to implement the County's
Affordable Housing Assistance Program for the benefit of the very low and low income
citizens of Seminole County, ~Florida;
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 hereto agree as follows:
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ARTICLE I. RECITALS.
The above recitals are true and form a material part of the Agreement upon which the
parties have relied.
ARTICLE II. DEFINITIONS.
A) "CD .Administrator" means the COUNTY's Community Development Office Principal
Planner.
B) "CDBG Program" means the COUNTYs Community Development Block Grant
(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, the
Community Development Office Principal Planner, or their designee.
E) "Housirig Activities" means the funded housing rehabilitation and repair activities.
F) "HUD" means the United States Department of Housing and Urban Development.
G) "Planning Department" means the Director of the COUNTY's Planning and
Development Department or his designee for the Community Development Office.
H) "SHIP Program" means the COUNTYs State Housing Initiatives Partnership
Program.
I) "SHIP Regulations" means Chapter 91-37, Florida Administrative Code (F.A.C.), as
amended.
J) '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 the Agreement, also known as "low income" pursuant to the CDBG Regulations.
19 tow Income"means gross household income not to exceed eighty percent (80%) of
the median family income within the Orlando Metropolitan Statistical Area during the term of
the Agreement, also known as Moderate Inceme"pursuant to the CDBG Regulations.
L) The definitions set forth in or applicable to the laws, rules and regulations referred to
below are hereby incorporated fully in the Agreement as if set forth herein.
ARTICLE III. STATEMENT OF WORK.
A. The CITY, in a manner satisfactory to the COUNTY, shall perform or cause to be
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performed all services described or referred to in Exhibit "A," Scope of Services, attached
hereto and incorporated herein by reference. Such services shall be performed, except as
otherwise specifically stated herein, by persons or instrumentalities solely under the
dominion and control of the CITY.
B. The parties recognize and agree that the Agreement is for reimbursement of the
cost 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, ~ost 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 County's Affordable Housing Assistance Program in general,
Where housing rehabilitation service expenses are authorized by the COUNTY as set forth
in Exhibit '/~,: those expenses shall be specifically itemized by the hours and/or the dollars
expended or as othenvise 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 all
applicable laws, rules and regulations.
ARTICLE IV. 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 April 30, 1997. All such services shall be
performed in accordance with applicable requirements of HUD, the F.A.C. and the
Agreement. 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 the
termination date, unless the Agreement is otherwise amended or extended by written
agreement of the parties. The Agreement shall be effective upon execution by both parties.
ARTICLE V. CONSIDERATION AND LIMITATION OF COSTS/FUNDS.
The CITY shall be reimbursed by the COUNTY for costs, in accordance herewith and all
applicable laws, rules and regu]ations in an amount not to exceed SIX HUNDRED EIGHTY
SEVEN THOUSAND NINE HUNDRED THIRTY THREE AND NINETY ONE/100
DOLLARS ($687,933.91) for the services described in Exhibit "A."
ARTICLE VI. PAYMENTS.
A. Payments to the CITY shall be on a reimbursement or invoice submittal basis and
limited to the items budgeted in Exhibit "B," Housing Rehabilitation Services Budget,
attached hereto and incorporated herein by reference.
B. For any reimbursements, the CITY shall submit to the COUNTY during the
performance 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;
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2. A statement of 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 for any expense.
However, when reimbursement is sought for salaries to employees, a copy of the payroll
shall be acceptable.
4. Copies of daily time distribution records in support of stated salary expenses.
Records shall show the case and type of work undertaken and the specific program for
which the work was performed;
5. When Torc e account"documentation is submitted, it shall detail the number
of hours and labor costs, including travel related expenditures for each line item activity as
described in the CITY's work write-up and cost estimate. Cost of materials on invoices
shall .also be reflected for each line item when the Torce account" method is utilized to
ensure cost reasonableness standards.
C. Upon receipt of the above enumerated documentation, the COUNTY shall initiate
the payment precass. Reimbursement to the CITY shall be as soon as practicable;
provided, however, that, if the CITY has performed services in full compliance with all
requirements of HUD and the Agreement and all applicable laws, rules and regulations,
payment shall be made by the COUNTY 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, upon request, for inspection or audit in accordance with the provisions of the
Agreement or as otherwise may be reasonably required by the COUNTY pursuant to
Florida law.
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.
ARTICLE VII. UNIFORM ADMINISTRATIVE REQUIREMENTS.
In addition to all other Federal, State and local requirements during the 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
Federelly Recognized Indian Tribal Governments," OMB Circular A-128, "Audits of State
and Local Governments" and 24 CFR Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments."
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ARTICLE VIII. 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 CFR 570 Subpart K of the regulations
listed below which by reference thereto are incorporated and made a part hereof:
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 Riahts Act as amended bv the E<~ual Employment
OPDOrtUnitV 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 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 Aae 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, 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 Propertv Acquisition Policies Act of
1970, HUD implementing ra<3ulations at 24 CFR Part 42, and Section 104 of the Act -
Provides for the protection of individual rights when effected, or potentially effected, by
relocation, acquisition and displacement activities.
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9. Executive Order 11246, as amended by Executive Order 12086 - Provides
that no person shall be discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance of Federally assisted
construction contracts.
10. Lead-Based Paint Poisonin.~ 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.
11. 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.
12. 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.
13. 24 CFR Part 570 - Compliance with the regulations regarding the CDBG
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 570.604 nor the COUNTY's responsibilities for initiating the review
process pursuant to the provisions of Executive Order 12372 and 24 CFR Part 52.
However, the CITY shall perform site-specific reviews, pursuant to the COUNTYs
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.
ARTICLE IX. COMPLIANCE WITH LOCAL AND STATE LAWS.
During the Agreement the CITY shall comply with all applicable State and local laws,
regulations and ordinances, which by reference are incorporated herein, including, but not
limited to the following:
1. Chapter 112, Florida Statutes - Concerning conflicts of interest.
2. Administrative Procedures - Procedures issued by the COUNTY Planning
and Development Department for implementation of the COUNTYs SHIP Program.
3. Chapter 91-37, F.A.C. - Compliance with regulations regarding the SHIP
Program.
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4. Any and all laws, rules and regulations relating to the matters set forth or
implied in the Agreement,
ARTICLE X. 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:
1. Initiation of new activities not referred to in the Agreement, or changes to the
locations of activities or deletion of any activity.
2. Purchase of any capital equipment other than actual project construction.
3. All travel exceeding 200 miles (one-way) for conferences, hearings and
meetings, except those found to be directly related to the COUNTYs housing activities
which are the subject of the Agreement.
4. All change orders to the Agreement.
5. Requests to utilize remaining funds should there be a surplus after the work
required hereunder is completed.
ARTICLE XI. PROJECT PUBLICITY.
Any news release, project sign, or other type of publicity pertaining to the project, as stated
heroin, 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.
ARTICLE XII. MANAGEMENT ASSISTANCE.
The CD Administrator or his designee shall be reasonably available to the CITY to provide
guidance on CDBG and SHIP Program requirements.
ARTICLE XIII. MAINTENANCE OF RECORDS.
A. The CiTY shall, at a minimum, maintain all records required by Federal, State and
local laws, rules and 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 all project funds and compliance
with the Agreement.
C. The CITY shall maintain all financial records as required by Federal regulations and
ensure maintenance of all financial records relative to the following matters:
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(a) Items purchased and paid for through standard CITY procedures:
invoices and copies of canceled checks.
(b) Agreements: the contract, billings and copies of canceled checks.
(c) Force account construction: records indicating name, position,
number of hours and total labor costs for each project and further delineated to itemize cost
per work item.
(d) Any materials drawn from a stockpile: records indicating amount of
material and cost thereof based on the purchase price.
(e) Employees or subcontractors paid from grant funds: personnel and
payroll data together with documentation that each employee was 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 (including reconstruction) or
emergency repair services 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
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 85 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 local, State or Federal 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.
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, bid information,
construction summaries, completed units, units worked on in any way, the amount of 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 for 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
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any records necessary in the sole determination of the COUNTY, to accomplish this
obligation.
ARTICLE XV. NON-EXPENDABLE PROPERTY.
Any non-expendable personal property acquired by the CITY to perform the projects
anticipated herein and approved by the COUNTY in accordance with the Agreement, 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
nonexpendable personal property shall be made available to the COUNTY in accordance
with the aforesaid provisions.
ARTICLE XVI. LIABILITY.
Except for reimbursement as specifically 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 expressed 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 COUNTY hereunder.
ARTICLE XVII. SUBCONTRACTS.
All contracts made by the CITY to perform activities described in Exhibit "A" shall comply
with all applicable laws, rules and regulations set forth in the Agreement. Any additional
work or services subcontracted hereunder shall be subject to the Agreement.
ARTICLE XVIII. 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, attomey's
fees and expenses of whatsoever kind, type, or nature which the COUNTY may sustain,
suffer or incur or be required to pay by reason of the loss of any monies paid to the CITY or
whomsoever resulting out of fraud, defalcation, dishonesty or failure of the CITY to comply
with applicable laws, rules or regulations; or by reason or as a 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 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
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against the COUNTY.
ARTICLE XIX. 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 all applicable Federal,
State and local regulations.
ARTICLE XVIII. ASSIGNMENTS.
Neither party shall assign the Agreement nor any interest adsing herein, without the prior
written consent of the other.
ARTICLE XIX. 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.
ARTICLE XX. PROGRAM INCOME.
A. In the event that any program income (returned funds) is received during the
Agreement, the CITY may retain such income for use in eligible SHIP activities (if funds
were generated through a SHIP funded activity) or eligible CDBG activities (if funds were
generated through a CDBG funded activity). Such program income shall be immediately
reported to the COUNTY.
B. If any program income (retumed funds) is received after expiration of the
Agreement, or at the end of the year when all remaining items have been budgeted, the
program income shall be reported to the COUNTY for proper accounting into the
appropriate fund or account and used by the CITY as specified in the Agreement as
specified in A above, or returned to the COUNTY..
ARTICLE XXI. SUSPENSION AND TERMINATION.
A. In accordance with 24 CFR Part 85.43, suspension or termination of the Agreement may
occur if the CITY materially fails to comply with any term, understanding or covenant herein.
The Agreement may also be terminated for convenience in accordance with 24 CFR Part
85.44, providing for termination for mutual convenience or partial termination for spedfled
reasons.
B. The Agreement may be terminated by either party at anytime, upon not less than thirty
days' written notice delivered to the other party, or, at the option of the COUNTY,
immediately in the event that the CITY fails to fulfill any of the terms, understandings or
covenants of the Agreement.
ARTICLE XXII. REVERSION OF ASSETS.
Upon expiration of the Agreement, the CITY shall transfer to the COUNTY any CDBG funds
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and any accounts receivable attributable to the use of CDBG funds. Any real property
under the CITY control acquired or improved in whole or in part with CDBG funds in excess
of $25,000 shall be govemed by the regulations set forth in 24 CFR Part 85.
ARTICLE XXIII. CERTIFICATION REGARDING LOBBYING.
The CITY hereby certifies by examination 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 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 the Agreement is from the State of
Florida through the SHIP Program. Payment into the COUNTY's Trust Fund from the State
occurs on a monthly basis. Additionally, the CITY acknowledges that the COUNTY has
entered into similar agreements with other organizations for the award and allocation of
SHIP Program funds. Although the COUNTY has not over obligated its SHIP funds for the
period of time 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.
ARTICLE XXV. NOTICE.
Whenever either party desires to give notice unto the other, notice may be sent to:
FOR COUNTY
City of Sanford
CDBG/SHIP Programs, FY 95/96
A GREE/CITYRH95, D OC
PrincipaiPlanner
Community Development Office
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
FOR CITY
Bettye D. Smith, Mayor
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Either of the parties may change, by written notice as provided herein, the addresses or
persons for receipt of notices.
ARTICLE XXVI. 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 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.
ARTICLE XXVII. ENTIRE AGREEMENT: EFFECT ON PRIOR AGREEMENT
This instrument constitutes the entire Agreement between the parties and supercedes all
previous discussions, understandings and agreements between the parties relating to the
subject matter of the Agreement, if any. Amendments to and waivers of the provisions
herein shall be made by the parties in writing by formal amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed
on the date hereinabove first written.
A'I'I'EST: City of Sanford, Florida
BE'r'h'E~.SMI:I'H, MAYOR
R
ATTEST; :..:j:..: ::_ Seminole County, Florida,
DICKVAN DER WEIDE, CHAIR'~"---~-
'City of Sanford
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Clerk to the Board of County
Commissioners of Seminole
County, Florida Date: '-~J'/" ~ l. IP
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
legal sufficiency. %-~, IcQ_. ,199~ regular
meeting.
County Attorneys Office
12/5/95
City of Sanford
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EXHIBIT A
SCOPE OF SERVICES
The CITY shall, at a minimum, provide the following housing rehabilitation services for the
purpose of administering and implementing county-wide housing activities addressing
housing related community development needs of very low and low income households
within Seminole County, Florida.
I. DESCRIPTION OF SERVICES
A. Housing Emergency Repair and Reconstruction: Implement housing
rehabilitation activities pursuant to SHIP Program regulations (24 CFR Part 92) and the
Agreement. The CITY shall, at a minimum, perform the following tasks, in addition to all
other tasks necessary, to assure compliance with SHIP Program requirements:
1. Request, aggressively advertise, receive and process applications for
assistance from program clients.
2. Determine and verify client eligibility.
3. Inspect eligible client's housing unit to determine deficiencies and prepare
work specifications.
4. Assure proposed work specifications comply with all program requirements,
including any applicable Environmental Review Monitoring Strategy requirements.
5. Provide housing counseling to eligible clients regarding applicable program
requirements.
6. Execute rehabilitation grant or loan agreement(s) with 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 through documented progress inspections and
assure completion of rehabilitation work by submitting a final permit executed by the
appropriate jurisdictional authority.
10. Approve and process payments to contractors pursuant to completion of
work. The CITY may either forward payment requests to the COUNTY for approval and
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payment by two~party check to the CITY and the general contractor, or, request
reimbursement directly from the COUNTY for payments made by the CITY.
11. Prepare monthly Subrecipient Status Reports and reimbursement requests
and submit to COUNTY in accordance with the Agreement.
12. Maintain and make available all related records, project files and financial
records in accordance with applicable requirements.
13. Consult with the CD Administrator, or his designee, to assure compliance
with all applicable requirements, and follow corrective action directed by the COUNTY
when consistent with Program requirements. If applicable, provide letters, notices and
documentation, as required, to the COUNTY.
14. The total amount of funds expended on a housing unit for emergency repair
shall not exceed $5,000, exclusive of volunteer labor, donated services or materials or
administrative/processing fees. An additional $2,000 may be authorized by the Community
Development Office Administrator by case-by-case written approval. For reconstruction
(SHIP) 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 CD Administrator.
Another additional $3,000 is allowable upon case-by-case written approval from the
County Manager.
15. For all projects, the CITY shall have authority to approve change orders that
will not cause projects tq exceed the pre-unit limits assisted in paragraph 14 above.
16. Otherwise comply with the terms of the Agreement and all laws, rules and
regulations.
II. ELIGIBLE HOUSING REHABILITATION SERVICES COSTS.
A. Eligible housing rehabilitation services costs shall be those costs related to
assisting owners, contractors and other entities, participating or seeking to participate in
housing rehabilitation activities, including salaries, benefits and operating expenses.
B. The costs authorized under the Agreement are itemized in Exhibit "B".
III. STAFFING.
Only hours expended on functions and activities funded by the COUNTYs housing
activities shall be reimbursed. Any and all other positions must be approved in writing by
the COUNTYs Planning and Development Department prior to funding.
Ci~ of San~rd
CDBG/SHIP Programs, FY 95/98 15
AGt~ClTYRHB~,DOC
IV. PROJECTED ACCOMPLISHMENTS.
The CITY shall report the number of housing units assisted during the Agreement. The
CITY shall provide housing services necessary to assist, at a minimum, the following
number of housing units for each housing activity subject to the Agreement:
CDBG/SHIP Emergency Repair 25
SHIP Reconstruction 7
CDBG Demolition/Relocation 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 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.
VII. PAYMENT OF ADMINISTRATIVE COSTS.
The COUNTY shall pay to the CITY the amount of $1,500.00 as a processing fee for
each housing unit repaired, and $3,500.00 as a processing fee for each housing unit
reconstructed or repaired under the CDBG demolition/relocation activity, with total
cumulative processing fee payments not to exceed $96,000.00 hereunder. Such
processing fees may be prorated for partially completed housing units but, in no case,
shall full payment be made before final completion, as verified by final inspection by the
COUNTY's Housing Rehabilitation Specialist. 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. In addition, up to
$10,000.00 may be spent and requested from the COUNTY for additional
administrative expenses, including, but not limited to, participating in the unit selection
process, program "set up" and hiring staff or services. Total administrative expenses
shall not exceed $96,000.00 hereunder.
VIII.INSPECTIONS,
The CITY shall obtain the services of the COUNTY's Housing Rehabilitation Specialist
to inspect the unit prior to reimbursement or payment from the COUNTY. The
improvements to the unit must be approved by the Building Official of the appropriate
jurisdictional authority prior to final payment.
IX. COUNTY-SELECTED UNITS.
The CITY shall select all units to be assisted with emergency repair. The COUNTY
reserves the right to select two (2) of the reconstruction units. The CITY shall
participate in any selection process and may request reimbursement for time expended
during the process. If agreed by both CITY & COUNTY, the COUNTY may allow the
CITY to use a selection process to be conducted solely by the CITY. No mobile homes
shall be assisted.
X. COMPLETION OF REHABILITATED UNITS.
The CITY shall complete work on each rehabilitation project within seventy five (75)
calendar days from the issuance of building permit for each respective housing unit.
The CITY shall, in its rehabilitation agreement with a homeowner, stipulate the
completion date of the rehabilitation work and specifically state terms of redress and/or
liquidated damages.
XI. PERFORMANCE THRESHOLDS.
The following encumbrance thresholds shall apply to the Agreement. If funds are not
encumbered pursuant to the schedule below, funding shall be returned to the COUNTY
promptly, unless indicated otherwise, in writing, by the COUNTY.
End oh Amount Encumbered
June 30, 1996 $90,000.00
October 31, 1996 300,000.00
December 31, 1996 450,000.00
April 30, 1997 $687,933.91
City of Sanford
COBE/SHIP Programs,
AGREE/CflTRH95DDC
EXHIBIT B
HOUSING REHABILITATION SERVICES BUDGET
Activity (Program) Beneficiaries* Amount
Reconstruction Costs (SHIP, FY 1995-96) VLI $248,300.00,00
Emergency Repair Costs (CDBG, FY 1993-94) VLI/LI 781.15
Emergency Repair Costs (CDBG, FY 1994-95) VLI/LI 49,302.76
Emergency Repair Costs (SHIP, FY 1995-96) VLI 70,000.00
Demolition/Relocation (CDBG 1995-96) VLI 223,550.00
Administrative Expenses (CDBG) 96,000.00
Total $687,933.91
* "VLI" means very low income households; "LI" means low income households.
of Sanford
CDEE/SHIP Programs,
AG~E~/CITYRHg~D~C