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 .