Loading...
445-Rental Rehabilitation Progr RENTAL REHABILITATION PROGRAM AGREEMENT PROGRAM YEAR 1992 and between Seminole County, a po itical ' ' ' the State of Florida, which address is 1101 East , Sanford, Florida 32771, herein called "County" for the use and benefit of its Rental Rehabilitation Program (RRP) and the City of Sanford, herein, a municipality incorporated under the laws of FlOrida whose address is 300 North Park Avenue, Sanford, Florida 32771, herein called "City". WHEREAS, County has made application effective August 27, 1991, 1991,and has entered into a contract with the U. S. Department of Housing and Urban Develolmnent, herein called "HUD", pursuant to Section 17 of the United States Housing Act of 1937. WHEREAS, the County desires to engage the City to render certain services requisite to the accomplishment of the Rental Rehabilitation Program goals; WHEREAS, Seminole County has allocated funds for the benefit of the low and moderate citizens of Sanford and Seminole County; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as fol lows: 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 Rental Rehabilitation Program. 5) "RRP Administrator" means Seminole County' s C.D. Principal Planner. 6 ) "RRP Program" means Seminole County ' s Rental Rehabilitation Program. 7) "RRP Regulations" means 24 CFR Part 511 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 by HUD for the RRP Program for that term. ARTICLE II. SCOPE OF SERVICES The City, in a manner satisfactory to the County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A" which is attached hereto and made a part hereof. Such services shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of the City. The parties recognize and agree that this agreement is for reimbursement of implementation costs of the County' s ,, Rental Rehabilitation Program. Where administration expenses are authorized by the County, those expenses are to be specifically itemized by the hours expended or the dollars expended. All hours charged by staff, and any direct expenses shall be specifically and directly related to the City's implementation of theCounty-funded activity. Administrative expenses for the administration of the services provided hereunder by the City shal 1 not exceed ten percent (10%) of the amount set forth in Article IV (A) hereof. 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 contract and September 30, 1992. All such services, whether performed before or after the execution of this Agreeuent, 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 eunended 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 511 and in accordance with Article II of this Agreement; in an amount not to exceed $51,810 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 a procedure acceptable to HUD as outlined in OMB Circular A-102, as modified by 24 CFR Part 85. Contract administration shall be handled by the City. C. The City shall provide documentation to the County that RRP recipients have made the financial ccmmittment necessary to ensure the obligation of RRP funds under the Cash Management System pursuant to 24 CFR Part 511. Such documentation may include a record of deposit into an escrow account or letter of credit. 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 stat~ent is being submitted; 2. A statement for all costs of the project for the current report period, categorized. by budget line item and consistent with Exhibit "A"; 31 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 progra~a under which the work was performed. C. Upon receipt of the above en~nerated acceptable documentation, the County will initiate the payment process. Reimbursement to the City shall be made as soon as practicable; provided, however, that, if the City has performed services in full compliance with all HUD requirements, then payment shall be made by the County to the City within forty-five (45) days of receipt of acceptable documentation by the County. D. All disbursements by the City must be fully documented to the County so as to be available, on request, for inspection or audit in accordance with the provisions of 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 at County's discretion not to exceed a period of ninety (90) days, provided the delay in its submission is not occasioned by any fault or negligence of the City. ARTICLE VI. MODIFICATION OF SCOPE OF SERVICES This Agreement may not be modified, amended, or extended orally. This Agreement may be amended by written agreement executed by the governing bodies of both parties. ARTICLE VII. 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 abide by all other applicable laws, rules, regulations and orders which are not listed. APPLICABLE LAWS, RULES AND REGULATIONS 1. 24 CFR Part 511, as amended - The regulations governing the expenditure of Rental Rehabilitation Program funds. 2. 24 CFR Part 58 - The regulations prescribing the Enviror~nental Review procedure, including laws and procedures incorporated by reference. 3. National Flood Insurance Act of 1968 4. 24 CFR Part 1 - The regulations promulgated 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 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 theDavis-Bacon Act. 16. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federatly assisted projects., 17. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which identify goal percentages for participation of minority businesses in Rental Rehabilitation Program contracts. 18. CopelandAnti-Kickback Act 19. OMB Circular A-87 - which identifies allowable administrative costs. 20. Florida Statutes, Chapter 112 - which deals with conflict of interest. 21. Public Law 100-430 - The Fair Housing Amendments Act of 1988. 22. Section 109 of Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 23. Seminole County's Anti-Displacement Strategy/Relocation Benefits 24. HUD - required reports, circulars, and procedures, such as the Annual Performance Report. 25. Administrative Procedures procedures which may be issued by the Seminole County Planning Department and/or the RRP Administrator who are responsible to the Board of County Commissioners for the implementation of the County's Rental Rehabilitation Program. 26. 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-town travel, conferences, hearings, and meetings, except as may be directly related to the Seminole County Rental Rehabilitation Program which is the subject of this Agreement; (d) All change orders to this agreement; (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 and providing funds to the City of Sanford. 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 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 requiredby the Regulations and shall also maintain all financial records relative to the following matters: 1. Iteans purchased and paid for through standard City procedures: An invoice and a copy of a check. 2. Contractual AGreements: 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 doc~nentation 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 in~Dlementation. County staff shall provide the City assistance to assure labor standards compliance. C. The City shall have RRP activities and funds audited annually, in conjunction with the regular City audit. Copies of all audits covering the use of RRP funds shall be provided to the County and the RRP Administrator. D. All records and contracts of whatever 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 RRP 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 RRP Closeout Report, whichever is later. ARTICLE XII. EVALUATION The City shall provide County and RRP 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 the entire Housing Rehabilitation 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. NONEXPENDABLE 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. SUBCONTRACTS All contracts made by the City to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this agreement. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each Article set forth in this Agreement. ARTICLE XVI. INDEMNIFICATION A. The City shall defend, hold harmless, and indemnify County from and against any and all liability, loss, claims, damages, costs, attorney ' s fees and expenses of whatever kind or nature which 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 Regulations; or by reason or as a result of any act or emission of the City in the performance of this Agreement or any part thereof; or by reason of a judgment over and above the limits provided by the insurance required under Article XVII of this Agreement; or by any defect in the construction of the project. B. In the event that any action, suit or proceeding is brought against County upon any liability arising out of the Agreement 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 ][VII. INSUR/~NCE 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. ARTICLE XVIII. NONASSIGNABILITY The City may not assign this Agreement without the prior written consent of the County. ARTICLE XIX. HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE XX. PROGRAM INCOME 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 be returned to the County for proper accounting into the CDBG fund. 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 agre~nent 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 RRP funds onhand at the time of expiration and any accounts receivable attributable to the use of RRP funds. Any real property under City control that was acquired or improved in whole or in part with RRP funds in excess of $25,000 will be covered by the regulations at 24 CFR 511. 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 ofany 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 agreement, 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 parties hereto have caused this Agreement to be executed at the place and on the day hereinabove first written. ATTEST: _. CITY: City of Sanford, Florida Date: 9~~ ATTEST: COUNTY: County of Seminole, Florida Board of County Commissioners ' Commissioners of Seminole For the use and reliance As authorized for execution of Seminole County only, ~in~g' ~ by the Board of Co n mmi legal sufficiency, e 1 EXHIBIT A This housing rehabilitation activityto be administered by the City of Sanford will address housing-related community development needs within lower income neighborhoods within the City of Sanford and unincorporatedSeminole County. Activities will consist of housing rehabilitation for rental housing structures and administration. Housing Rehabilitation: The goals of this activity are to provide a long term solution to substandard housing conditions byupgrading housing stock to a suitable condition that will last for at least 15 years from the time of completion of the rehabilitation activity; to revitalize declining neighborhoods; and to increase the property tax base. All housing rehabilitation assistance will be given only to those housing units within qualified low to moderate (lower) income RRP designated neighborhoods, according to guidelines establishedby the U. S. Department of Housing and Urban Development (HUD). BUDGET Of 'the total $51,810 allocated for Rental Rehabilitation Program activity under this agreement, a maximum of $5,181 may be used for administrative costs. The renaining $46,629 must be used for actual rehabilitation costs and incidental expenses. LOCATION OF REHABILITATION ACTIVITIES Rental Rehabilitation activities may be located only within the designated target neighborhoods depicted in Exhibit "B", including Winwood~ Midway,. Bookertown, Lockhart's Subdivision and the "downtown" area of Sanford as determined by the County and approved by HUD. STAFFING Only those hours worked on functions and activities funded by Seminole County's Rental Rehabilitation Program may be reimbursed. Any and all other positions must be approved in writing by the Seminole County Planning and Development Department prior to being funded in whole or in part by this program. PROJECTED ACCOMPLISHMENTS The City of Sanford shall rehabilitate at least six (6) rental units within any or all of the eligible areas during the term of this Agreenent. MAXIMUM COST PER STRUCTURE The maximum amount of assistance per unit shall be limited to $5,000 for units with no bedrooms, $6,500 for units with one (1) bedrock, $7,500 for units with two (2) bedrooms and $8,500 for units with three (3) or more bedrooms. TYPES OF REHABILITATION ASSISTANCE Assistance to owners of rental housing units may be in the form of grants, loans, or deferred payment loans ("forgivable" grants). Prior to the issuance of the Notice to Proceed by the County, the City shall submit its program design to the RRP Administrator for approval. Any subsequent changes or amendments must also be approved in writing by the RRP 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 Rental Rehabilitation Program activities (not for administrative activities) or be returned to Seminole County, but in any event, must be reported monthly to the County during the team of this agreement and annually (by August 31 of each year) after the end of this agreement. OCCUPANT STATUS/DISPLACEMENT All housing units receiving assistance under this program may be occupied rental units. No tenant of an occupied unit prior to rehabilitation shall be involuntarily displaced. All RRP 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 approvedby 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, shall 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 570,496a and 24 CFR 570,606, as amended. (AGREE/RRP92) EXHIBIT "B" LEGEND. HOUSING CONDITIONS · P~,ved Streets 0 Good -. ,-... pnpaved ,Streets, (:) Fair : I , Poor .: 0 0 0 O0 0 I'.; # .~_CSO 0 0 ~,o~ev~'~c5 0"r~'r'qe'~- I ...~;..,..* ee · 0 el· ~ 0 ~e Do~O 0 · ~"' ~ ~'~"'%o o, /o .~,,~:o e Bookertown Target Area HOUSING CONDITIONS S~OL~ CO~ ....... o,~,o _o_ Beylet 0 I0 0 0 0 ~ e Ai~c~ ----~l' ·el i 0 .... ' ...... --~-~ LEGEND · ~'~ 0 .,llBlllll,ll. paved Sireels_ .HOUSING CONDITIONS. O Good j Di;~ie 0 .Fair ,,, ,, _- J Dixie Way Poor' Fers;=.mor. · 00 Goldsboro and ,. Lockhart's Subdivision ~-e~ ....,... ., , Target Areas HOUSING CONDITIONS MAP G/L-8 SEMINOLE COUNTY .