447-Emergency Housing Repair FIRST AMENDMENT TO CDBG PROGRAM
EMERGENCY HOUSING REPAIR SERVICES AGREEMENT
THIS AMENDMENT is to that certain Agreement made and entered
into on the 13th day of February, 1992, between SEMINOLE COUNTY, a
political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida
32771, hereinafter referred to as "COUNTY", and the CITY OF SA~FORD, a
municipal corporation created pursuant to the laws of Florida, whose
address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter
referred to as "CITY".
WITNESSETH:
WHEREAS, the COUNTY and the CITY entered into the above-
referenced Agreement on February 13, 1992, for housing rehabilitation
services in conjunction with the Seminole County Community Development
Block Grant (CDBG) Program; and
WHEREAS, the parties desire to amend the Agreement so as to
enable both parties to continue to enjoy the mutual benefits it
provides; and
WHEREAS, Article VI of the Agreement provides that any
amendments shall be valid only when expressed in writing and duly signed
by the parties,
NOW, THEREFORE, in consideration of the mutual understandings
and agreements contained herein, the parties agree to amend the above~
referenced Agreement by amending Article III as follows:
SECTION (1) AMENDMENT. Article III of the Agreement is
amended to read as follows:
ARTICLE III. PERIOD OF CONTRACT
Up to the limits of Article IV A hereof, COUNTY shall
reimburse the CITY for the services described in Article iI and
performed by the CITY between the date of execution of this Agreement
and January 1, 1993. All such services, whether performed before or
after the execution of this Agreement, shall be performed bythe CITY in
accordance with applicable requirements of the U.S. Department of
Housing and Urban Development and with all requirements of this
Agreement, and reimbursement will be contingent thereupon. The City
shall complete all services described in Article II on or before the
Agreement termination date, unless this Agreement is otherwise amended
or extended by written agreement of the parties. This Agreement shall
be effective upon execution by both parties.
SECTION (2) ENTIRE AGREEMENT. Except as herein modified,
all terms and conditions of the Agreement aforesaid shall remain in full
force and effect for the term of this Agreement, as originally set forth
in said Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument for the purpose herein expressed this /~day of
~~J~, 1992.
ATTEST: CITY OF SANFORD
ATTEST: SEMINOLE COUNTY, FLORIDA
CdUnt Commissioners of jJ.ST~,C
S~minoleCounty, Florida. Date:
For the use and reliance As authorized for execution
o~ Seminole ~ount~ on~. ~ the ~oard o~
Approved as to form and sicnets at their -/~ ,
legal sufficiency. 1992~ regular meetinQ.
COUNTY EMERGENCY HOUSING REPAIR
COMITY DEVELOPMENT BLOCK GRANT PROGRAM
INTERLOCAL SERVICE AGREEMENT
PROGRAM YEAR 1991-92
THIS AGREEMENT, entered in this i~.day of d~' 1992, by
and between Seminole County, a political sub the State
of Florida, which address is 1101 East First Street, Sanford,
Florida 32771, herein called "County" for the use and benefit of
its Comrm~nity Development Block Grant (CDBG) Program and the City
of Sanford, a municipality incorporated under the laws of the State
or Florida, which address is 300 North Park Avenue, Sanford,
Florida 32771, herein called "City".
WHEREAS, County has made application effective October 1, 1992, and
is entering into a contract with the U. S. Department of Housing
and Urban Development, herein called "HUD", pursuant to 24 CFR Part
570.
WHEREAS, the County desires to engage the City to render certain
services requisite to the accomplishment of the Community
Development Block Grant Program goals:
WHEREAS, the County has allocated funds for the benefit of the
County's low and. moderate income citizens.
NOW, THEREFORE, in consideration of the mutual covenants, promises
and representations contained herein, the parties hereto agree as
follows:
ARTICLE I. DEFINITIONS
1) "County" means Seminole County.
2) "City" means City of Sanford.
3) "HUD" means the U. S. Department of Housing and Urban
Development.
4) "Planning Department" means the Director of Seminole
County Planning and Development Department or his
designee for the Community Development Block Grant (CDBG)
Program.
5) "CDBG Administrator" means Seminole County' s C.D.
Principal Planner.
6 ) "CDBG Program" means Seminole County ' s . Community
Development Block Grant (CDBG) Program.
7) "CDBG Regulations" means 24 CFR Part 570 and
supplemental, additional or successor provisions.
8) "County Approval" means the written approval of the
Planning Director, the C.D. Principal Planner, Or their
designate.
9) "Low and Moderate Income" means the definition set byHUD
for the CDBG Program for that term.
ARTICLE II. SCOPE OF SERVICES
The City, in a manner satisfactory to the County, shall carry out
or ~ ~se,,~qbe carried out all services described or referred to in
Exhibit which is attached hereto and made a part hereof. Such
services shall be performed, except as otherwise specifically
stated. herein, by persons or instrumentalities solely udder the
dominion and control of the City.
The parties recognize and agree that this agreement is for
reimbursement of implementation costs of the County's Community
Development Block Grant Program. Where administration expenses are
authorized by the County, those expenses are to be specifically
itemized by the hours expended or by the dollars expended. All
hours charged by staff, and any direct expenses shall be
specifically and directly related to the City's implementation of
the County-funded activity. Administrative expenses for the
administrationof the services provided hereunder by the City shall
not exceed FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000).
ARTICLE III. PERIOD OF CONTRACT
Up to the limits of Article IV A hereof, County shall reimburse the
City for the services described in Article II and.performed by the
City prior to October 31, 1992. All such services, whether
performed before or after the execution of this Agreement, shall be
performed by the City in accordance with applicable requirements of
the U. S. Department of Housing and Urban Development and with all
requirements of this Agreement, and reimbursement will be
contingent thereupon. The City shall complete all services
described in Article II on or before the contract termination date,
unless this Agreement is otherwise amended or extended by written
agreement of the parties. This contract shall be effective upon
execution by both parties.
ARTICLE IV. CONSIDERATION AND LIMITATION OF COSTS
A. The City shall be reimbursed by the County for allowable
costs, in accordance with 24 CFR Part 570 and in
accordance with Article II of this Agreement; in an
amount not to exceed $50,000 for the services described
in Exhibit "A".
B. All improvements specified in Exhibit "A" and directly
provided by the City shall be put out to competitive
negotiation or bidding under aprocedure acceptable to
HUD as outlined 24 CFR Part 85. Contract administration
shall be handled by the City.
ARTICLE V. PAYMENTS
A. Payments to the City shall be on a reimbursement basis
and shall be limited to the projects described herein and
in accordance with the respective project budget as set
forth in Exhibit "A".
B. The City shall submit to the County during the
performance hereof the following.:
1. A cumulative statement of all costs of the project
for the period from commencement through the end of
the report period for which the statement is being
submitted;
2. A statenent for all costs of the project for the
current report period, categorized by budget line
item and consistent with Exhibit "A";
3. An invoice and copy of all checks 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
payroll checks;
4. Copies of daily time distribution records in
support of stated salary expenses. Records shall
show the case and type of work being undertaken and
the specific particular program under which the
work was performed.
C. Upon receipt of the above enumerated acceptable
documentation, the County will make reimbursement to the
City within seven (7) calendar days, provided that the
City has performed services in full compliance with all
HUD requirements.
D. All disbursements by the City must be fully documented to
the County so as to be available, on request, for
inspection or audit in accordance with the provisions of
Article XI hereinbelow.
E. Within forty-five (45) days after completion of all
services to be performed by it, the City shall render a
final and complete statement to County of all costs and
charges for services not previously invoiced. County
shall not be responsible for payments of any charges,
claims or demands of the City not received within said
forty-five (45) day period; however, such time may be
extended in County's discretion not to exceed a period of
ninety (90) days, provided the delay in its submission is
not occasioned by any fault or negligence of the City.
ARTICLE VI. MODIFICATION OF SCOPE OF SERVICES
This Agreement may not be modified, amended, or extended orally.
This Agreenent may be amended by written agreement executed by the
governing bodies of both parties.
ARTICLE VII. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS
AND LAWS
During the performance of this agreement, the City agrees to comply
with all laws, rules, regulations and orders or their successors
listed below which by reference are incorporated and made a part
hereof. The City further agrees to abideby all other applicable
laws, rules, regulations and orders which are not listed.
APPLICABLE LAWS, RULES AND REGULATIONS
1. 24 CFR Part 570, as amended -The regulations governing
the expenditure of Community Development Block Grant
Program funds.
2. 24 CFR Part 58 - The regulations prescribing the
Environmental Review procedure, including laws and
procedures incorporated by reference.
3. National Flood Insurance Act of 1968
4. 24 CFR Part 1 - The regulations prfTmulgated pursuant to
Title VI of the 1984 Civil Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to
Executive Order 11063 which prohibits discrimination and
promotes equal opportunity in housing.
6. Executive Order 11246, (and Revised Order Number 4), as
amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on
projects assisted with Federal funds.
7. Title VII of the 1964 Civil Rights Act as amended by the
Equal Employment Opportunity Act of 1972 - which
prohibits discrimination in employment.
8. 24 CFR Part 135 - Regulations outlining requirements of
Section 3 Of the Housing and Urban Development Act of
1968, as amended.
9. Age Discrimination Act of 1973
10. 24 CFR Part 130 - Regulations which prohibit
discrimination in employment in federally assisted
construction contracts.
11. Contract Work - Hours and Safety Standards Act - where
applicable.
12. Lead Based Paint Poisoning Preventive Act
13. .Section 504 of the Rehabilitation Act of 1973, as amended
14. Uniform Relocation Assistance and Real Property
Acquisition Policies Act Of 1970
15. 29 CFR Parts 3.5 and 5a - Regulations which prescribe the
payment of prevailing wages and the use of apprentices
and trainees on federally assisted projects as mandated
by the Davis-Bacon Act, where applicable.
16. Executive Order 11914 - Prohibits discrimination with
respect to the handicapped in federally assisted
projects.
17. Copeland Anti-Kickback Act
18. OMB Circular A-87 which identifies allowable
administrative costs.
19. Florida Statutes, Chapter 112 - which deals with conflict
of interest.
20. Public Law 100-430 - The Fair Housing Amendments Act of
1988.
21. Section 109 of Public Law 100-202 - which restricts the
awarding of public works contracts to firms from foreign
countries with unfair trade practices.
22. Seminole County's Anti-Displacement Strate~y/Relocation
Benefits
23. HUD - required reports, circulars, and procedures, such
as the Annual Performance Report.
24. Administrative Procedures - procedures which may be
issuedby the Seminole County Planning Department and/or
the CDBG Administrator who are responsible to the Board
of County Commissioners for the implementation of the
County's Community Development Block Grant Program.
25. 24 CFR Part 85 - the "common rule" containing fiscal and
administrative requirements for grantees and
subrecipients which are local governments. This replaces
OMB Circular A-102.
ARTICLE VIII. PRIOR WRITTEN APPROVALS - SUMMARY
The following includes but is not limited to activities that
require the prior written approval of the County to be eligible for
reimbursement or payments:
(a) Initiation of new activities not covered by this
Agreement, or changes in the locations of activities or
the deletion of any activity;
(b) Purchase of any capital equipment other than actual
project construction;
(c) All proposed out-of-County travel, conferences, hearings,
and meetings, except as may be directly related.. to the
Seminole County Community Development Block Grant Program
which is the subject of this Agreement;
(d) All change orders to this agreeTaent;
(e) Requests to utilize remaining funds should there be a
surplus after the work is substantially completed.
ARTICLE IX. PROJECT PUBLICITY
Any news release, project sign, or other type of publicity
pertaining to the project as stated herein must recognize the
Seminole County Board of County Commissioners as the recipient
funded by HUD.
ARTICLE X. MANAGEMENT ASSISTANCE
The CDBG Administrator will be available to the City to provide.
guidance on CDBG requirements.
ARTICLE XI. MAINTENANCE OF RECORDS
The City shall maintain all records required by all Federal
regulations and HUD procedures.
A. The City shall maintain such records, accounts property
records, personnel records, as are deemed necessary by
the County to assure proper accounting of project funds
and compliance with the provisions of this Agreement.
The City shall also maintain all necessary financial
records as are required by Federal regulations and shall
also maintain all financial records relative to the
following matters:
1. Items purchased and paid for through standard City
procedures: an invoice and a copy of a check.
2. Contractual Agree~nents: the contract, billings and
copies of checks.
3. Force Account Construction: records indicating
name, position, number of hours and total labor
costs.
4. Any materials drawn from a stockpile: records
indicating amount of material and cost thereof
based on the purchase price.
5. Employees paid from grant funds: personnel and
payroll, data together with substantiation that the
employee was in fact working on grant-related
projects.
6. Capital expenditures in excess of $300.00:
description, model, serial number, date of
acquisition and cost of acquisition.
B. The City shall maintain records showing compliance, where
applicable, with the Davis-Bacon Law, including files
containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-
referencing. City shall maintain records showing
contractor compliance with the Contract Work Hours and
Work Safety Law. Similarly, the City shall maintain
records showing compliance with Federal purchasing
requirements and with other Federal requirements for
grant implementation. County staff shall provide the
City assistance to assurelabor standards compliance.
C. The City shall have CDBG activities and funds audited
annually, in accordance with Federal OMB Circular A-128
and in conjunction with the regular City audit. Copies
of all audits covering the use of CDBG funds shall be
provided to the County and the CDBG Administrator.
D. All records and contracts ofwhatever nature required by
this Agreement shall be available for audit, inspection
or copying at any time during normal business hours and
as often as the CDBG Administrator, County; HUD, or
Comptroller General of the United States, or other
federal agency, may deem necessary. County shall have
the right to obtain and inspect any audit pertaining to
the performance of this Agreement made by any local,
State or Federal agency. The City shall retain all of
its records and supporting documentation applicable to
the Agreement for three (3) years after either the
resolution of the final audit or HUD approval of the CDBG
Closeout Report, whichever is later.
ARTICLE XII. EVALUATION
The City shall provide County and CDBG Administrator, in a form
'prescribed by County, monthly reports summarizing the number of
housing units under inspection, bid, construction, and completed,
and the amount of funds obligated and spent. Also included in the
monthly reports shall be an estimated completion date for each
housing unit identified to be repaired and for the entire Emergency
Housing Repair Program. These reports shall be provided as part of
the financial reimbursement process. The County shall have access
to and be provided copies and transcriptions of such records as may
be necessary in the determination of the County or HUD to
accomplish this obligation.
ARTICLE XIII. NON-EXPENDABLE PROPERTY
Any non-expendable personal property acquired by the City for the
purpose of carrying on the projects stated herein; and approved by
the County in accordance with Article VIII(b), shall be subject to
the provisions of the Regulations including, but not limited to,
the provisions on use and disposition of property. At the
termination of this agreement, any grant-funded non-expendable
personal property shall be made available to the County and HUD, in
accordance with said provisions.
ARTICLE XIV. CONTRACT LIABILITY
The County shall not be liable to any person, firm, or corporation
(except the City) who contracts with or who provides goods or
services to the City in connection with the services it has agreed
to perform hereunder, or for debts or claims accruing to such
parties against the City; and there is no contractual relationship,
either express or implied, between County and any other person,
firm, or corporation supplying any work, labor, services, goods or
materials to City as a result of its services to County hereunder.
ARTICLE XV. SUMCONTRACTS
All contracts made by' the City to carry out the activities
described in Exhibit "A" shall be made in accordance with all
applicable laws, rules and regulations stipulated in this
agreement. All work or services subcontracted hereunder shall be
specified by written contract or agree~nent and shall be subject to
each Article set forth in this Agreement.
ARTICLE XVI. INDEMNIFICATION
A. The City shall defend, hold hamless, and indemnify the
County from and against any and all liability, loss,
claims, damages, costs, attorney's fees and expenses of
whatever kind 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, resulting out of
fraud, defalcation, dishonesty or failure of the City to
comply with the Regulations; or by reason or as a result
of any act or omission of the City in the performance of
this Agreement or any part thereof; or by reason of a
jud~nent over and above the limits provided by the
insurance required under Article XVII of this Agreement;
or by any defect in the construction of the project. The
City shall not be deemed to be the insurer of third
parties and shall be accountable orgy for the acts or
omissions of the City and its officers, employees and
agents.
B. In the event that any action, suit or proceeding is
brought against the County upon any liability arising out
of the Agreenent hereinbefore mentioned, or any other
matter indemnified against the County, the County at once
shall give notice in writing thereof to the City by
registered or certified mail addressed to the City at its
address hereinbefore given. Upon the receiving of such
notice, the City, at its own expense, shall defend
against such action and take all such steps as may be
necessary or proper therein to prevent the obtaining of
a jud~nent against the County.
ARTICLE XVII. INSURANCE
The City shall insure that either its insurance coverage or self-
insurance program or the insurance coverage of its contracted
agents are adequate and sufficient to cover the activities
performed under this Agreement, as the case may be as to the
particular actions undertaken. The City shall insure that the
insurance requirements upon all contractors conform to and comply
with all applicable Federal regulations. The City shall require
all of its contractors to name both the City and the County as
additional insurers.
ARTICLE XVIII. NON-ASSIGNABILITY
The City may not assign this Agreenent without the prior written
consent of the County. This does not prevent the assigrunent of
subcontracts, upon prior written approval by the County.
ARTICLE XIX. HEADINGS
All articles and descriptive headings of paragraphs in this
Agreement are inserted for convenience only and shall not affect
the construction or interpretation hereof.
ARTICLE XX. PROGRAM INCOME
In the event that any program income is received during the
contract period, the City may retain such income for use as
specified in this agreenent. Such program income will be
immediately reported to the County and the next reimbursement
· request will be reduced accordingly.
If any program income is received after the term of this agreement,
or at the end of the year when all remaining items have been
budgeted, the program income will either be returned to the County
for proper accounting into the CDBG fund, or may be used by the
City for use as specified in this agreement, upon approval by the
County.
ARTICLE XXI. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination may
occur if the City materially fails to comply with any term of this
agreement. The agreement may also be terminated for convenience in
accordance with 24 CFR 85.44, which provides for termination for
mutual convenience or partial termination for specified reasons.
ARTICLE XXII. REVERSION OF ASSETS
Upon the expiration of the agreement the City shall transfer to the
County any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. Any
real property under City control that was acquired or iraproved in
whole or in part with CDBG funds in excess of $25,000 will be
covered by the regulations at 24 CFR 85.
ARTICLE XXIII. CERTIFICATION REGARDING LOBBYING
The undersigned certifies to the best of his or her knowledge and
belief, that:
(1) No Federal 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 Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative
agreenent, and the extension, continuation, renewal,
amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
(2) If any funds other than Federal 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, an officer or employee of
Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard FOrm-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
IN WITNESS WHEREOF, the paXties hereto have caused this Agreefaent
~to be executed at the place and on the day hereinabove first
written.
A~EST: CITY: City of Sanford, Florida
ATTEST: COUNTY: County of Seminole, Florida
Board of County Commissioners
MORS J. STU ,
oard of County
Commissioners of Seminole
For the use and reliance As authorized for execution
Approved as to form and o h
legal sufficiency. 1992, regular meetinG.
Attorney
EXHIBIT A
This housing rehabilitation activityto be administered by the City
of Sanford will address housing-related community develop- ment
needs within certain lower-income neighborhoods in unincorporated
Seminole County. Activities will consist ofhousing rehabilitation
for owner-occupied housing structures and administration.
Emergency Repair: The goals of this activity are to provide a
short-term solution to substandard housing conditions by upgrading
certain housing stock that has been identified to present a hazard
to health and safety to a suitable condition; to weatherize
substandard and/or dilapidated housing; and to extend the life of
such housing. All housing rehabilitation assistance will be given
only to households whose income is 80% or less of the median income
for the Orlando MSA, according to guidelines established by the
U.S. Department of Housing and Urban Development (HUD).
BUDGET
Of the total $50,000 allocated for Housing Rehabilitation under
this agreement, a maximum of $15,000 may be used for administra-
tive costs. The reTaaining funds must be used for actual
rehabilitation costs and incidental expenses.
LOCATION OF REHABILITATION ACTIVITIES
Housing rehabilitation activities may be located only within the
defined areas of Midway, Roseland Park, Bookertown, Lockhart's
Subdivision, and Johnson Hill/Oviedo (see Exhibit B for definition
of boundaries).
STAFFING
Only those hours worked on functions and activities funded by
Seminole County's CDBG Program may be reimbursed. Any and all
other positions must be approved in writingby the Seminole County
Planning Department prior to being funded in whole or in part by
this program.
PROJECTED ACCOMPLISHMENTS
The city of Sanford shall provide emergency repair service to at
least five (5) eligible housing units during the term of this
Agreenent.
MAXIMUM COST PER STRUCTURE
The maximum amount of assistance per unit shall be limited to
$8,000 per housing unit. This limit may be raised an additional
$800 on a case-by-case basis, upon written approval by the County,
but no more than one (1) unit may exceed $8,000 during the period
of this Agreement.
· TYPES OF ASSISTANCE
Assistance to owners of rental housing units may be in the form of
grants, loans, or deferred payment loans. Prior to the issuance of
the Notice to Proceed by the County, the City shall submit its
program design to the CDBG Administrator for approval. Any
subsequent changes or amendments must also be approved in writing
by the CDBG Administrator. All terms of the grants and/or loans
shall be outlined in the contract agreement between the property
owner and the City of Sanford. All program income in the form of
loan repayments to the City of Sanford must either be used directly
for housing repair services and activities (not for administrative
activities) or be returned to Seminole County, but in any event,
must be reported monthly to the County during the term of this
agreeTaent and annually (by September 30 of each year) after the end
of this agreement.
OCCUPANT STATUS/DISPLACEMENT
All housing units receiving assistance under this program must be
owner-occupied single-family housing units. No Occupant of an
occupied unit prior to rehabilitation shall be involuntarily
displaced. All projects shall conform to the County Anti-
Displacement Strategy.
REPORTING
The City of Sanford shall submit monthly reports to Seminole County
using the form(s) and/or format approved by the County. The CDBG
Rehabilitation Program Subrecipient Report shall comprise the
format of the required monthly reports.
SPECIAL REGULATIONS
The City will, in the operation of this agreement, pay attention to
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
570.496a and 24 CFR 570.606, as amended.
(Agree/EmHsRp. 92 - )
EXHIBIT "B"
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SEM~OLE COUNTY
Logend HOUSING CONDITIONS
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HOUSING CONDITIONS
Source, Slralegic Planning Group. 1987
MAP O/J-8
SIr~MIN()I,lr~ COIJNTY ·