524-SHIP Program 1996/97 SEMINOLE COUNTY/CITY OF SANFORD
SUBRECIPIENT AGREEMENT
CDBG, HOME AND SHIP PROGRAMS
HOUSING REHABILITATION ACTIVITIES
PROGRAM FUNDING YEAR 1996-97
1996, by and between SEMINOLE COUNTY, a political subdivision of
the State of Florida, whose address is 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as the "COUNTY,"
for the use and benefit of its Community Development Block Grant
(CDBG}, HOME Investment Partnerships (HOME) and State Housing
Initiatives Partnership (SHIP) Programs, and the CITY OF SANFORD,
a Florida municipal corporation, whose mailing address is Post
Office Box 1788, Sanford, Florida 32772-1788, hereinafter referred
to as the "CITY."
WITNESSETH:
WHEREAS, COUNTY has made application for CDBG Program funds
and entered into a grant agreement with the United States Depart-
ment of Housing and Urban Development, hereinafter referred to as
"HUD," pursuant to Title I, Housing and CommunityDevelopment Act
of 1974, as amended, and implementing regulations set forth in 24
Code of Federal Regulations (CFR) Part 570; and
WHEREAS, the Volusia/Seminole COUNTY HOME Consortium,
hereinafter referred to as the "CONSORTIUM," has made application
and entered into a contract with HUD, pursuant to 24 CFR Part 92,
to implement a HOME Program; and
WHEREAS, the COUNTY has submitted an Affordable Housing
Assistance Plan to receive Program funds; and
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WHEREAS, the COUNTY desires to engage the CITY to render
certain services necessary to accomplish the CDBG, HOME and SHIP
Program goals; and
WHEREAS, the COUNTY and the CITY intend to enter into an
agreement to implement a County-wide Housing Rehabilitation
Program; and
WHEREAS, the COUNTY has allocated CDBG funds for housing
rehabilitation services to administer the HOME and the SHIP
Programs; and
WHEREAS, the CITY has requested CDBG, HOME and SHIP Program
funds from the COUNTY to provide eligible housing rehabilitation
services to implement the HOME and SHIP Programs for the benefit of
the very low income citizens of Seminole County, Florida,
NOW, T~EREFORE, in consideration of the premises and the
mutual covenants, promises and representations contained herein,
the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
Section 1. Recitals. The above recitals are true and form a
material part of the Agreement upon which the parties have relied.
Section 2. Definitions.
"CD Administrator" - the COUNTY's Community Development Office
Principal Planner.
"CDBG Program" - the COUNTY's Community Development Block Grant
(CDBG) Program.
"CDBG regulations" - 24 CFR Part 570 and supplemental, additional,
or successor provisions.
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"COUNTY approval" - written approval by the Planning & Development
Department Director, CD Program Administrator, or designee.
"HOME Program" the HOME Investment Partnerships Act Housing
Rehabilitation Program.
"HOME regulations" - 24 Code of Federal Regulations (CFR) Part 92
and supplemental, additional, or successor provisions.
"Housing activities" - funded homeownership assistance activities.
"Planning & Development Department" the Director of the COUNTY
Planning and Development Department or designee.
"SH~P Program" - the COUNTY'S State Housing Initiatives Partnership
Program.
"SHIP regulations" Chapter 91-37, Florida Administrative Code
(F.A.C.), as amended.
"Very low income" - gross household income not to exceed fifty
percent (50%) of the median family income within the Orlando
Metropolitan Statistical Area during the Agreement.
Section 3. Statement of Work.
(a) The CITY, in a manner satisfactory to the COUNTY, shall
perform'or cause to be performed all services described orreferred
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 Agreement is for
reimbursement of the costs of providing housing rehabilitation
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services described in 24 CFR Part 570.202 (b)(9), 24 CFR Part 92.205
(a) and Chapter 91-37, F.A.C., and in accordance with Federal OMB
Circular A-87, "Cost Principles for State and Local Government."
The parties further recognize and agree that the Agreement is
directly related to implementation of the housing rehabilitation
strategies of the HOME and SHIP Programs. Where housing rehabilita-
tion service expenses are authorized by the COUNTY as set forth in
Exhibit "A," those expenses shall be specifically itemized by the
hours and/or the dollars expended or as otherwise required by
applicable laws, rules and regulations. All hours charged by staff
and any direct expenses shall be specifically and directly related
to the CITY's implementation of the aforementioned housing
activities and in accordance with applicable laws, rules and
regulations.
Section 4. Term. The COUNTY shall reimburse the CITY for the
services described in Exhibit "A," performed or caused to be
performed by the CITY prior to September 30, 1997. All such
services shall be performed in accordance with applicable require-
ments of the Agreement and HUD. Reimbursement or payment of funds
to the CITY shall be contingent thereupon. The CITY shall complete
all services described in Exhibit "A," on or before September 30,
1997, unless the Agreement is otherwise amended or extended by
written agreement of the parties. The Agreement shall be effective
upon execution by both parties.
Section 5. Consideration and Limitation of Costs/Funds. The
CITY shall be reimbursed by the COUNTY for costs in accordance
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herewith and applicable laws, rules and regulations in an amount
not to exceed SIX HUNDRED NINETY-FOUR THOUSAND TWO HUNDRED FORTY
AND NO/100 DOLLARS ($694,240.00) for the services described in
Exhibit "A."
Section 6. Payments.
(a) Payments to the CITY shall be on an invoice basis and
limited to the items budgeted in Exhibit "B," Housing Rehabilita-
tion Services Budget, attached hereto and incorporated herein by
reference.
(b) The CITY shall submit to the COUNTY during the perfor-
mance hereof the following:
(1) A cumulative statement of all costs of services for
the period from commencement through the end of the report period
for which the statement is submitted;
(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 and copies of all canceled 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 acceptable in lieu of
copies of canceled payroll checks;
{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;
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(5) When "force 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 "force
account" method is utilized to ensure cost reasonableness stan-
dards.
(c) Upon receipt of the above enumerated documentation, the
COUNTY shall initiate the payment process. Reimbursement to the
CITY shall be as soon as practicable; provided, however, that, if
the CITY has performed services in full compliance with all
requirements of HUD, the Agreement and applicable laws, rules and
regulations, payment shall be made by the COUNTY within thirty (30)
days of receipt of acceptable documentation by the COUNTY.
(d) All disbursements by the CITY must be fully documented to
the COUNTY so as to be available, upon request, for inspection or
audit in accordance with the provisions of the Agreement and
Florida law, or as otherwise may be reasonably required by the
COUNTY.
(e) Within forty-five (45) days after completion of all
services to be performed by the CITY, the CITY shall render a final
and complete statement to COUNTY of all costs and charges for
services not previously invoiced. The COUNTY shall not be
responsible for payment of any charges, claims or demands of the
CITY not received within said forty-five (45) day period; however,
such time may be extended at COUNTY's option, in writing, not to
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exceed a period of ninety (90) days, provided the delay in
submission of documentation to the COUNTY is not occasioned by any
fault or negligence of the CITY.
Section 7. Uniform Administrative Requirements. The CITY
shall comply with the requirements and set forth in 24 CFR Part 85,
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments;" and OMB Circular No.
A-128, "Audits of State and Local Governments.
Section 8. Compliance With Other Program Requirements.
(a) The CITY shall comply with all Federal laws, rules,
regulations, directives and orders described in 24 CFR 570 Subpart
K and the regulations listed below which by reference thereto are
hereby incorporated and made a part hereof as if fully set forth
herein:
(1) 24 CFR Part 1- The regulations promulgated pursuant
to Title VI, 1964 Civil Rights Act, Public Law 88-352.
(2) Title VII, 1968 Civil RiGhts Act as amended by the
Equal Employment Opportunity Act of 1972 - Prohibits discrimination
in employment.
(3) Title VIII, I968Civil 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,
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color, religion (creed), sex, or national origin in the sale,
lease, rental, or other disposition of residential property and
related facilities when provided in whole, or in part, with Federal
assistance.
(5) Section 109 of the Act Requires that no person
shall be, on the ground of race, color, national origin, or sex,
excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity funded in
whole or in part with community development funds. Section 109 of
the Act further prohibits discrimination on the basis of age under
the Age Discrimination Act of 1973, or with respect to an otherwise
qualified handicapped person, as provided in Section 504, Rehabili-
tation Act of 1973o
(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 ProDerty
Accuisition Policies Act of 1970, 'HUD imDlementinq reQulations 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.
(9) Executive Order 11246, as amended by Executive Order
12086 Provides that no person shall be discriminated against on
the basis of race, color, religion, sex, or national origin in all
phases of employment during the performance of Federally assisted
construction contracts.
(10) 24 CFR Part 24 - Assistance shall not be used
directly or indirectly to employ, award contracts to, or otherwise
engage the services of or fund, any contractor or subrecipient
during any period of debarment, suspension, or placement in
ineligibility status under the provisions of 24 CFR Part
(11) Conflict of Interest Compliance with the provi-
sions Of 24 CFR Part 85, 24 CFR Part 570.611 and 24 CFR Part
92.356.
(12) 24 CFR Part 570- Compliance with the regulations
regarding the CDBG Program.
(13) 24 CFR Part 92 - Compliance with the regulations
regarding the HOME Program.
(14) Any and all other laws, rules and regulations
relating in any way to the matters set forth or implied in the
Agreement.
(b) The CITY shall neither assume the COUNTY's environmental
responsibilities as described in 24 CFR'Part 570.604 nor assume the
COUNTY's responsibilities for initiating the review process
pursuant to the provisions of Executive Order 12372 and 24 CFR Part
52. However, the CITY shall perform site-specific reviews,
pursuant to the COUNTY'S Environmental Review Monitoring Strategy
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and requirements of any law, rule or regulation. This provision
shall not release the CITY from responsibility for any environmen-
tal pollution that it may cause or allow and the CITY shall assume
full liability therefor.
Section 9. Compliance With Local And State Laws. The CITY
shall comply with applicable State and local laws, regulations and
ordinances, which by reference are hereby incorporated as if fully
set forth herein, including but not limited to, the following:
(a) Chapter 112, Florida Statutes Concerning conflicts of
interest.
(b) Administrative Procedures - Procedures issued by the
COUNTY Planning and Development Department for the implementation
of the COUNTY SHIP Program.
(c) ChaDCer 91-37, F.A.C. Compliance with regulations
regarding the SHIP Program.
(d) Any and all laws, rules and regulations relating to the
matters set forth or implied in the Agreement.
Section 10. Prior WrittenApprovals - Sum%mary. The following
includes, but is not all inclusive of, activities that require the
prior written approval of the COUNTY to be eligible for reimburse-
ment of payments:
(a) Initiation of new activities not referred to in the
Agreement, or changes to the location of or deletion of any
activity.
(b) All change orders to the Agreement.
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(c) Requests to utilize remaining funds if a surplus remains
after the work required hereunder is completed.
Section 11. Project Publicity. Any news release, project
sign, or other type of publicity pertaining to the project, as
stated herein, shall recognize the Seminole County Board of County
Commissioners as the recipient funded by HUD and the State of
Florida Department of Community Affairs to provide funds to the
CITY.
Section 12. Management Assistance. The CD Administrator or
a designee shall be reasonably available to the CITY to provide
guidance on CDBG, HOME and SHIP Program requirements.
Section 13. Maintenance of Records.
(a) The CITY shall, at a minimum, maintain all records
required by Federal, State and local laws, rules, regulations and
procedures.
{b) The CITY shall maintain such records, accounts and
property and personnel records as deemed necessary by Florida law
and the COUNTY or otherwise typical in sound business practices to
assure proper accounting of project funds and compliance with the
Agreement.
(c) The CITY shall maintain all financial records as required
by Federal regulations and ensure maintenance of financial records
relative to the following matters:
(1) Items purchased and paid for through standard CITY
procedures: invoices and copies of canceled checks.
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(2) Agreements: the contract, billings and copies of
canceled checks.
(3) Force account construction: records indicating
name, position, number of hours and total labor costs for each
project and further delineated to itemize cost per work item,.
(4) Any materials drawn from a stockpile: records
indicating amount of material and cost thereof based on the
purchase price.
(5) Employees or subcontractors paid from grant funds:
personnel and payroll data together with documentation that each
employee was working on grant-related projects.
(6) Capital expenditures in excess of THREE HUNDRED AND
NO/100 DOLLARS ($300.00): description, model, serial number, date
and cost of acquisition.
(d) The CITY shall cause the housing rehabilitation services
activities and funds to be audited annually, in accordance with
Federal OMB Circular No. A-128, and in conjunction with each
regular CITY audit. Copies of all audits regarding or otherwise
relating to the use of these funds shall'be provided to the COUNTY
and the CD Administrator. The audit shall include an opinion of
compliance or noncompliance in accordance with 24 CFR Part 85
requirements.
(e) All records and contracts, of whatsoever type or nature,
required by the Agreement shall be available £or 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
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United States, or other Federal or State agency, may deem neces-
sary. The COUNTY shall have the right to obtain and inspect any
audit pertaining to the performance of the Agreement made by any
Federal, State or local agency. The CITY shall retain all records
and supporting documentation applicable to the Agreement for a
minimum of five (5) years after resolution of the final audit and
in accordance with Florida law.
Section 14. Evaluation. The CITY shall provide COUNTY and CD
Administrator, in a form prescribed by COUNTY, monthly reports
summarizing the number of housing units under inspection, bid
information, construction summaries, completed units, units worked
on in any way, the amount of housing rehabilitation services funds
obligated and spent on each housing unit for each program and any
other information or data required by the COUNTY to complete the
annual performance report to the State of Florida. Also included
in the monthly reports shall be a summary of each housing unit
identified for assistance and each housing activity. The CITY
shall submit the reports to the COUNTY as part of the financial
reimbursement process no later than the 15th day of each month.
The COUNTY shall have access to and be provided copies and
transcripts of any records necessary, in the sole determination of
the COUNTY or HUD, to accomplish this obligation.
Section 15. Non-Expendable Property. Any non-expendable
personal property acquired by the CITY to perform the projects
stated herein and approved by the COUNTY hereunder, shall be
subject to all Federal, State and local regulations including, but
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not limited to, provisions on use and disposition of property. At
the termination of the Agreement, any grant-funded non-expendable
personal property shall be made available to the COUNTY and HUD, in
accordance with the aforesaid provisions.
Section 16, Liability. Except for reimbursement as specifi-
cally set forth herein, the COUNTY shall not be liable to any
person, firm, entity, or corporation who contracts with or who
provides goods or services to the CITY in connection with the
services hereunder, or for debts or claims accruing to such parties
against the CITY. The Agreement shall not create a contractual
relationship, either express or implied, between COUNTY and any
other person, firm, entity, or corporation supplying any work,
labor, services, goods, or materials to the CITY asa result of
services to COUNTY hereunder.
Section 17. Subcontracts. All contracts made by the CITY to
perform activities described in Exhibit "A" shall comply with
applicable laws, rules and regulations set forth in the Agreement.
Any additional work or services subcontracted hereunder by the CITY
shall be specified by written agreement and subject to this Agree-
ment.
Section 18. 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 whatsoever kind, type, or nature which the COUNTY may
sustain, suffer or incur or be required to pay by reason of the
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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 against the COUNTY.
Section 19. Insurance. The CITY shall ensure that its
insurance coverage or self-insurance program, or the insurance
coverage of its contracted agents is adequate and sufficient for
the activities performed pursuant to the Agreement. The CITY shall
ensure that the insurance requirements imposed on all contractors
conform to and comply with the Agreement and applicable Federal,
State and local regulations.
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Section 20. Assignments. Neither party shall assign the
Agreement nor any interest herein without the prior written consent
of the other party.
Section 21. Headings. All articles and descriptive headings
of paragraphs in the Agreement are inserted for convenience only
and shall not affect the constructionor interpretation hereof.
Section 22. Program Income.
(a) In the event that any program income (returned funds or
loan repayments) is received by the CITY during the Agreement, the
CITY shall return such program income to the COUNTY.
(b) If any program income (returned funds or loan repayments)
is received by the CITY after expiration of the Agreement, or at
the end of the year when all remaining items have been budgeted~
the program income shall be returned to the COUNTY for proper
accounting into the appropriate fund or account.
Section 23. Suspension and Termination.
{a) In accordance with 24 CFR Part 85.43, suspension or
termination of the Agreement may occur if the CITY materially fails
to comply with any term, understanding, or covenant herein. The
Agreement may also be terminated for convenience in accordance with
24 CFR Part 85.44, providing for termination for mutual convenience
or partial termination for specified reasons.
(b) The Agreement may be terminated by either party at any
time, upon no less than thirty (30) days' written notice delivered
to the other party, or, at the option of the COUNTY, immediately in
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the event that the CITY fails to fulfill any of the terms, under-
standings, or covenants of the Agreement.
Section 24. Reversion of Assets. Upon expiration of the
Agreement, the CITY shall transfer to the COUNTY any CDBG or HOME
funds and any accounts receivable attributable to the use of CDBG
or HOME funds. Any real property under CITY control acquired or
improved in whole or in part with CDBG or HOME funds in excess of
TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) shall be
governed by the regulations set forth in 24 CFR Part 85.
Section 25. Certification regarding Lobbying. The CITY
hereby certifies by 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 theundersigned, 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
17
member of Congress or State Legislature, an officer or employee of
Congress or State Legislature, or any employee of a member of
Congress or State Legislature in connection with this Agreement,
the CITY shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
Section 26. Availability of Funds. The CITY acknowledges
that a portion of the funding for the Agreement is from the State
of Florida through the SHIP Program. Payment into the COUNTY's
Trust Fund from the State occurs on a monthly basis. Additionally,
the CITY acknowledges that the COUNTY has entered into similar
agreements with other organizations for the award and allocationof
SHIP Program funds. Although the COUNTY has not over obligated its
SHIP funds for the fiscal years over which the Agreement extends,
it is possible that because of a large number of requests in any
particular month, the COUNTY may not have sufficient funds to meet
all demands in that month. Therefore, the COUNTY's obligation to
make payment thereunder in any particular month is specifically
limited to the State of Florida disbursement of SHIP funds for that
month to the COUNTY. Payment by the COUNTY to the various
subrecipient organizations pursuant to the agreements shall be in
chronological order based on receipt of complete and valid
submissions. For purposes of the Agreement, a valid and complete
submission is a request for payment containing all the information
and documentation requested in and otherwise complying with the
Agreement.
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Section 28. NOTICE.
Whenever either party desires to give notice unto the other,
notice may be sent to:
FOR COUNTY
Community Development Office Principal Planner
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
FOR CITY
Betrye D. Smith, Mayor
City of Sanford
Post Office Box 1788,
Sanford, Florida 32772-1788
Either of the parties may change, by written notice as provided
herein, the addresses or persons for receipt of notice.
Section 29. 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.
Section 30. Conflict of Interest.
(a) The CITY agrees that it will not engage in any action
that would create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the COUNTY or which
would violate or cause others to violate the provisions of Part
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III, Chapter 112, 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 the business of the CITY to be conducted here,
and that no such person shall have any such interest at any time
during the term of this Agreement.
(c) Pursuant to Section 216,347, Florida Statutes, the CITY
hereby agrees that monies received from the COUNTY pursuant to this
Agreement will not be used for the purpose of lobbying the Legisla-
ture or any other State or Federal Agency.
Section 31. Entire Agreement: Effect On Prior Agreement.
This instrument constitutes the entire agreement between the
parties and supersedes all previous discussions, understandings and
agreements, if any, between the parties 'relating to the subject
matter of the Agreement. Amendments to and waivers of the
provisions herein shall be made by the parties in writing by formal
amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day hereinabove first written.
ATTEST: CITY OF SANFORD
D y Clerk B . or
20
BOARD OF COIrNTY COMMISSIONERS
ATTEST: _I SEMINOLE COUNTY, FLORIDA
MAR ~I"CK VAN'DE~
the Board of
County Commissioners of Date: /~
Seminole County, Florida.
For the use and reliance As authorized for execution by
of Seminole County only. the Board of Co~Commis-
legal sufficiency. . u e .
County Attorney
SED/dre
0808~6
2 Attachments
Ezhibit "A" - ~co~e of Services
Exhibit "~" - ~ousin9 Rehabilitation Services Budget
F:\USERS\DEB\AGT\SANRE~AB.96
21
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 Minimum Rehabilitation and Reconstruction: Implement
housing rehabilitation activities pursuant to CDBG Program
regulations (24 CFR Part 570), SHIP Program regulations (91-37,
Florida Administrative Code) and HOME Program regulations (24 CFR
Part 92) and the Agreement. The CITY shall, at a minimum, perform
the following tasks, in addition to all other tasks necessary, to
assure compliance with SHIP Program requirements:
1. Request, aggressively advertise, receive and process
applications for assistance from program clients.
2. Determine and verify client eligibility.
3. Inspect eligible client's housing unit to determine
deficiencies and prepare work specifications.
4. Assu~e 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
City of San ford
CDBG/SHIP Programs, FY 96/97
AGREE/CITYRH96DOC
compliance with all program requirements.
9. Inspect, monitor progress through documented progress
inspections and assure completion of rehabilitation work by
submitting a final inspection approval executed by the appropriate
jurisdictional authority.
10. Approve and process payments to contractors pursuant to
completion of work. The CITY may either forward payment requests
to the COUNTY for approval and payment by two-party check to the
CITY and the general contractor, or, request reimbursement
directly from the COUNTY for payments made by the CITY.
11. Prepare monthly Subrecipient Status Reports and
reimbursement requests and submit to COUNTY in accordance with the
Agreement.
12. Maintain and make available all related records,
project files and financial records in accordance with applicable
requirements.
13. Consult with the CD Administrator, or his designee, to
assure compliance with all applicable requirements, and follow
corrective action directed by the COUNTY when consistent with
Program requirements. If applicable, provide letters, notices and
documentation, as required, to the COUNTY.
14. The total amount of funds expended on a housing unit
for minimum rehabilitation improvements shall not exceed $7,000,
exclusive of volunteer labor, donated services or materials or
administrative/processing fees. An additional $2,000 may be
authorized by the Housing Rehabilitation Specialist of the
Community Development Office on a case-by-case written approval.
An additional $1,000 may be authorized by the Community
Development Office Administrator on a case-by-case written
approval. For reconstruction (SHIP/HOME) or demolition/relocation
assistance (CDBG), a total of $40,000 may be expended on a housing
unit, exclusive of volunteer labor, processing fees, or donated
services or materials, but inclusive of any acquisition or
replacement housing payments, with an additional $2,000 allowable
upon case-by-case written approval from the Community Development
Office Administrator. Another additional $3,000 is allowable upon
case-by-case written approval from the County Manager.
City of Sanford
CDBG/SHIP Programs, FY 96/97 2
AGREEJCITYRH96DOC
15. For all projects, the CITY shall have authority to
approve change orders that will not cause projects to exceed the
per-unit limits assisted in paragraph 14 above.
16. Otherwise comply with the terms of the Agreement and
all laws, rules and regulations.
II. ELIGIBLE HOUSING REHABILITATION SERVICES COSTS.
A. Eligible housing rehabilitation services costs shall be
those costs related to assisting owners, contractors and other
entities, participating or seeking to participate in housing
rehabilitation activities, including salaries, benefits and
operating expenses.
B. The costs authorized under the Agreement are itemized
in Exhibit "B".
III. PROJECTED ACCOMPLISHMENTS.
The CITY shall report, on a monthly basis, the number of housing
units assisted during the Agreement. The CITY shall provide
housing services necessary to assist, at a minimum, the following
number of housing units for each housing activity subject to the
Agreement:
Minimum Rehabilitation 20
Reconstruction or Demolition/Relocation 8
IV. REPORTING.
The CITY shall submit monthly reports to the COUNTY using the
form(s) or format approved by the COUNTY. The CDBG Housing
Rehabilitation Services Subrecipient Report shall comprise the
format of the required monthly reports.
V. SPECIAL REGULATIONS.
The CITY shall, in fulfillment of the Agreement and, in addition
to compliance with all other laws, rules and regulations, comply
with the HUD regulations regarding lead-based paint, the site-
specific environmental clearances, and the rules mandated by
Section 104(d) of the Housing & Community Development Act of 1974,
found in 24 CFR Part 570.496 (a) and 24 CFR Part 570.606, as
amended.
VI. PAYMENT OFADMINISTRATIVE COSTS.
The COUNTY shall pay to the CITY the amount of $3,500.00 as a
processing fee for each housing unit repaired under the minimum
C~ of Sanfo~
CDBG/SHIPPrOg~mS, FY 9~97 3
AGRE~CITYRH96DOC
rehabilitation activity, and $4,000.00 as a processing fee for
each housing unit reconstructed or assisted under the CDBG
demolition/relocation activity, with total cumulative processing
fee payments under all activities not to exceed $116,040
hereunder. Such processing fees may be prorated for partially
completed housing units but, in no case, shall full payment be
made before final completion, as evidenced through a final
inspection/permit executed by appropriate jurisdictional
authority. If any project (non-administrative) funding remains
after all administrative funding is expended, the CITY shall, at
its own cost, cause the remaining funds to be expended on eligible
activities. In addition, up to $15,000.00 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 and processing fees combined shall not
exceed $116,040.00 hereunder.
VII. INSPECTIONS.
The improvements to the unit must be approved by the Building
Official of the appropriate jurisdictional authority prior to
final payment.
VIII. SELECTION OF UNITS.
The CITY shall select all units to be assisted with minimum
housing rehabilitation. The COUNTY reserves the right to select
four (4) units to be assisted with reconstruction and/or
demolition/relocation assistance. No mobile homes shall be
assisted.
IX. COMPLETION OF REHABILITATEDUNITS.
The CITY shall complete work on each minimum rehabilitation
project within seventy five (75) calendar days from the issuance
of building permit for each respective housing unit. The CITY
shall complete work on each reconstruction and/or
demolition/relocation project within one hundred twenty (120)
calendar days from the issuance of building permit for each
respective housing unit. The CITY shall, in its rehabilitation
agreement with a homeowner, stipulate the completion date of the
rehabilitation work and specifically state terms of redress and/or
liquidated damages.
of Sanford
CDSG/SH/P Programs ~ 8G/97 4
AGREE/C/TYRHSGDOC
X. PERFORMANCE THRESHOLD TIMELINES & FUND ENCUMBRANCE.
The following encumbrance thresholds shall apply to the Agreement.
If funds are not expended pursuant to the schedule below, funding
shall be recaptured by the COUNTY promptly and immediately, unless
indicated otherwise, in writing, by the COUNTY.
End of: Amount Encumbered:
March 31, 1997 325,000
June 30, 1997 500,000
September 30, 1997 $694,240
XI. LIENS AND LOANS.
The assessment of any and all liens and the terms and conditions
of loans under this Agreement is described in the Seminole County
Housing Rehabilitation Program Policies and Procedures document.
City of Sanford
CDBG/SHIP Programs, FY 96197 5
AGREE/CITYRH96DOC
EXHIBIT B
CITY OF SANFORD
HOUSING SERVICES BUDGET
Activity (Program) Beneficiaries* Amount
Reconstruction Costs (SHIP, FY VLI $78,300
1996-97)
Reconstruction Costs (HOME, FY VLI/LI 271,850
1996-97)
Demolition/Relocation (CDBG, FY VLI/LI 60,050
1996-97)
Minimum Rehabilitation (CDBG, FY VLI/LI 150,000
1996-97)
Minimum Rehabilitation (SHIP, FY VLI 18,000
1996-97)
Administrative Expenses (CDBG) 116,040
Total $694,240
* '~VLI" means very low income households; ~LI" means low income households.
City of Sanfotrl
CDBGISHIP Programs, FY96/97 6
AGREE/CITYRH96DOC