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07/21/1994uContract Number: Q5—Fit ,94 OCT 2 A 9 :39 AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Housing Finance Agencyato- encV, and. instrumentality of the State of Florida, with headquarters in Tallahassee, ( �Yhdft�ei~ referred to as the "Agency"), and County of Monroe, (hereinafter rei as the "Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS A. WHEREAS, the State of Florida has been designated by the United States Department of Housing and Urban Development as a participating jurisdiction for the receipt and use of funds as provided by the HOME Investment Partnerships Program ("HOME Program") as provided in 24 CFR Part 92; and B. WHEREAS, the Florida Housing Finance Agency (the "Agency") has been designated by the State of Florida as the allocating authority for HOME funds; and C. WHEREAS, the Subrecipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services for the Agency, and D. WHEREAS, the Agency has a need for such services and does hereby accept the offer of the Subrecipient upon the terms and conditions hereinafter set forth. E. WHEREAS, the Agency and Subrecipient are collaborating on the Single Family Mortgage Revenue Bonds 1994 Series A and B (collectively the Bonds) to be issued in July, 1994 with loan origination effective August 15, 1994; and F. WHEREAS, the Bonds' Mortgage Origination Agreement provides for second mortgage down payment and closing cost assistance, which for Bond purposes are called HAL loans; and G. WHEREAS, the HAL loans will be funded in part by the Agency utilizing the subrecipient HOME funds which are part of this agreement; and H. WHEREAS, the Bonds program includes mortgage origination by approved lenders and servicing by an approved master servicer utilizing existing Agency recordkeeping, reporting and audit requirements, thereby relieving the subrecipient from these obligations as described within this agreement in relation to HOME funded HAL loans utilizing Bonds; and I. WHEREAS the Agency is required by HUD and is responsible for the Environmental Review and subsequent HUD assurances, the subrecipient shall only be responsible for said assurances applicable to its required HOME funding implementation procedures, as defined in Florida Statute and Rule. NOW, THEREFORE, the Agency and the Subrecipient do mutually agree as follows: (1) DEFINITION OF TERMS. Terms used herein shall be defined as appears at 24 CFR 92.2 and Rule 9I - 34.002, Fla. Admin. Code. (2) BUDGET AND SCOPE OF WORK. The Subrecipient shall administer one or more projects permitted under the HOME Investment Partnership Act of 1990 and applicable regulations, as is more specifically described in Attachment A of this Agreement. The budget may include an amount not exceeding 206 (c) (6) or (e) (2) (1994) ten percent (10%) for the items allowed under 24 CFR 92. Subrecipient shall select individual participants for homeownership loan programs and shall act as the agent of Agency in doing so. In selecting participants, Subrecipient shall abide by the requirements of § 420.5089 (5), Fla. Stat. Subrecipient shall use the HOME funds to make loans to individual participants in the name of the Agency. Each loan shall be evidenced by a note and secured by a mortgage, using forms supplied by or approved by counsel for the Agency. Subrecipient shall assist individual participants in homeownership loan programs by providing first time homeownership courses, credit counseling and referral services, and loan application processing assistance. Subrecipient shall further act as closing agent for the Agency, assuring that title insurance is obtained and that appropriate documents have been executed before making a disbursement of HOME funds. All loan documents shall require that repayments of loan proceeds be made to the Agency. (3) INCORPORATION OF LAWS_ RULES, REGULATIONS. Both the Subrecipient and the Agency shall be governed by applicable State and Federal laws, rules and regulations. (4) PERIOD OF AGREEMENT. This Agreement shall become effective August 15, 1994 upon execution by both parties and shall end three years from the effective date. When the housing becomes available for occupancy, the Agency and the Subrecipient shall memorialize that event in a document signed by the parties and attached to this Agreement as Attachment C, unless the Agreement is terminated earlier in accordance with the provisions of paragraph (10). (5) MODIFICATION OF CONTRACT. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement (6) RECORDKEEPING. (a) Subrecipient shall maintain records sufficient to meet the requirements of 24 CFR 92.508 (a) (2), (a) (3), (a) (5), and (a) (6). All records and reports required herein shall be retained and made accessible as provided in 24 CFR 92.508 (c) and (d) and Section 9I - 34.012, Fla. Admin. Code. (b) The Subrecipient shall comply with the requirements of OMB Circulars No. A-122 and A-110, as provided in 24 CFR 92.505 (b). (c) The Subrecipient shall maintain records specific to each individual unit or loan so that all disbursements with regard to each particular loan, home or homeowner will be easily retrievable. (d) All original records pertinent to this Agreement shall be retained by the Subrecipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for the period of affordability required under 24 CFR 92.254. 2 (e) All records, including supporting documentation of all project costs, shall be sufficient to determine compliance with the requirements and objectives of Attachment A and all other applicable laws and regulations. (f) The Subrecipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Agency, its employees, and agents, to the Comptroller, and to the U.S. Department of Housing and Urban Development. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Agency. (7) REPORTS. (a) At a minimum, the Subrecipient shall provide the Agency with quarterly reports and a close-out report. Each quarterly report shall include a detailed breakdown of the repayments of loan proceeds received on behalf of the Agency. The Subrecipient shall comply with any additional reporting requirements contained in 24 CFR Part 92. (b) Quarterly reports are due to be received by the Agency no later than thirty (30) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due thirty (30) days after termination of this Agreement or upon completion of the activities contained in this Agreement. Exhibit A. (d) If all required reports and copies, prescribed above, are not sent to the Agency or are not completed in a manner acceptable to the Agency, the Agency may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Agency may terminate the Agreement with a Subrecipient if reports are not received within 10 days after written notice by the Agency. "Acceptable to the Agency" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Subrecipient shall provide such additional program updates or information as may be required by the Agency. (f) The Subrecipient will provide any and all reports necessary for the Agency to meet its reporting requirements under 24 CFR 92.509 with respect to the Subrecipient's use of HOME funds. (8) MONITORING. The Subrecipient shall do all things necessary to assist the Agency in carrying out its monitoring responsibilities as required by 24 CFR 92.504 (d), which may, at the option of the Agency, include on -site inspection. Further, Subrecipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement. (9) LIABILITY. Any provider who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver or sovereign immunity by any provider to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The provider agrees that it is an independent contractor of the Department and not an agent or employee. 3 (10) DEFAULT; REMEDIES; TERMINATION. (a) If any of the following events occur ("Events of Default"), all obligation on the part of the Agency to cause to be made any further payment of funds pursuant to 24 CFR 92.502 shall, if the Agency so elects, terminate and, the Agency may at its option exercise any of its remedies set forth herein, but the Agency may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: However, the Agency agrees to fund those HAL funded HOME loans which have been pre -approved and reserved, even if there has been an Event of Default. 1. If any warranty or representation made by the Subrecipient in this Agreement or any previous Agreement with the Agency shall at any time be found to be false or misleading in any respect, or if the Subrecipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Agency and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Subrecipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Agency, and the Subrecipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Agency. 3. If any reports required by this Agreement have not been timely submitted to the Agency or have been submitted with incorrect, incomplete or insufficient information; 4. If Subrecipient fails to forward repayments of HOME loan proceeds to the Agency with the quarterly reports required under Section 7; 5. If the Subrecipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Agency may, at its option, upon written notice to the Subrecipient and upon the Subrecipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Agency from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement in accordance with 24 CFR 85.43, provided that the Subrecipient is given at least twenty-one (21) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (11) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not 4 corrected, advising the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Subrecipient to reimburse the Agency for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Agency may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Subrecipient to permit public access to any document paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Subrecipient shall return funds to the Agency if found in non- compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Subrecipient shall not be relieved of liability to the Agency by virtue of any breach of Agreement by the Subrecipient. The Agency may, to the extent authorized by law, withhold any payments to the Subrecipient for purpose of set-off until such time as the exact amount of damages due the Agency from the Subrecipient is determined. (h) The Agency shall have the right to terminate this Agreement for convenience under 24 CFR 85.44. (11) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below. (b) The Agency contract manager for this Agreement is: Robert Ippolito Florida Housing Finance Agency 227 North Bronough Street, Suite 5000 Tallahassee, FL 32301-1329 (c) The Representative of the Subrecipient responsible for the administration of this Agreement is: Roger Braun, Director Special Programs Office 1403 12th Street Key West, Florida 33040-4075 (d) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (11) (a) above. 5 (12) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information and representations in the application, and in all materials submitted or provided by the Subrecipient, in this Agreement, in any subsequent submission or response to Agency request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Agency and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Agency from all its obligations to the Subrecipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Agency of any right or remedy granted hereunder or failure to insist on strict performance by the Subrecipient shall affect or extend or act as a waiver of any other right or remedy of the Agency hereunder, or affect the subsequent exercise of the same right or remedy by the Agency for any further or subsequent default by the Subrecipient. Any power of approval or disapproval granted to the Agency under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (13) AUDIT REQUIREMENTS. (a) The Subrecipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement except for support documentation required for HAL funded HOME loans documentation required by the Bond Program. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Agency. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Subrecipient shall also provide the Agency with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. The Agency shall rely on their own records for HAL funded HOME loans. (d) The Subrecipient shall provide the Agency with an annual financial audit report which meets the applicable requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550, Rules of the Auditor General, OMB Circulars A- 128 and A-133, 24 CFR Part 44, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. § 7501-7507, for the purposes of auditing and monitoring the funds awarded under this Agreement except for HAL funded HOME loans. 1. The annual financial audit report shall include all management letters and the Subrecipient's response to all findings, including corrective actions to be taken. 0 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and grant revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12) (d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds, or any portion thereof, was not spent in accordance with the conditions of this Agreement, the Subrecipient shall be held liable for reimbursement to the Agency of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Agency has notified the Subrecipient of such non-compliance. (f) The Subrecipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Subrecipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit compiled with the applicable provisions noted above. (14) SUBCONTRACTS. (a) If the Subrecipient subcontracts any or all of the work required under this Agreement, the Subrecipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Agency. (b) The Subrecipient agrees to include in the subcontract that the subcontractor shall hold the Agency and Subrecipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (c) If the Subrecipient subcontracts, a copy of the executed subcontract must be forwarded to the Agency within ten (10) days after execution. (15) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out My herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (17) FUNDING/CONSIDERATION. Payment shall be made on a reimbursement basis in accordance with the requirements of 24 CFR 92.502 The 7 Subrecipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. Subrecipient may transfer funds between budget categories as long as the total amount of the transfer, whether increase or decrease, does not exceed fifteen percent (15%) of the total approved budget category and the transfer is made to an approved budget line item. However, no additional transfer above the 15% limit may be made until the Agency has approved a revised budget. Under no circumstances can the changes increase the total budgeted allocation. Any advance payment shall be requested by the Subrecipient and is subject to Section 216.181 (12) (b), Fla. Stat., OMB Circular A-102, and the Cash Management Improvement Act of 1990. All interest which may be earned on all advances of federal funds received hereunder must be promptly but at least quarterly, remitted to the Agency for forwarding to the federal agency that provided the funds. However, the Subrecipient is not required to deposit such advances in an interest -bearing account. (18) STANDARD CONDITIONS. The Subrecipient agrees to be bound by the following standard conditions: (a) The State of Florida has no obligation to pay out state funds under this Agreement, but is acting as the State Agency designated to administer federal funds under the HOME Investment Partnership Act of 1990. The State of Florida's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (c) The Agency reserves the right to unilaterally cancel this Agreement for refusal by the Subrecipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with the Agreement. (d) Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of the contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. (e) All bills for any travel expenses shall be submitted in accordance with 112.061, Fla. Stat. (f) Pursuant to Chapter 215.422, Fla. Stat.. the Agency shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Agency paying interest at the rate of one percent per month calculated on a daily basis on the unpaid balance. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payments from the Agency may receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by contacting the State Comptroller's Hotline at 1-800-848-3792. (19) SPECIAL HOME PROGRAM CONDITIONS. (a) Use of HOME Funds. The HOME funds governed by this agreement shall be used to perform the tasks listed in Attachment A shall also list the tasks to be performed in completing the Project, a schedule for completing the tasks and the budget for completing the task. All HOME funds governed by this agreement shall be used in a manner that is consistent with the provisions of 24 CFR 92.205 and 92.301 and Rule 9I - 34.007, Fla. Admin. Code. (b) Affordability. With respect to each property assisted with HOME funds, Subrecipient shall require compliance with the requirements of 24 CFR § 92.254. The Subrecipient agrees to repay all HOME funds governed by this Agreement if the project fails to comply or ceases to comply with the affordability requirements as set forth in 24 CFR 92.254. The affordability requirements shall remain in effect for the term required by 24 CFR or 92.254. If Subrecipient lends HOME funds to anyone, the loan agreement, note, and any mortgage must require that the affordability requirements continue to be met throughout the term of the loan and shall be binding upon the heirs, successors, assigns, and transferees of the Subrecipient as required by 24 CFR § 92.254 (for homeownership projects), and of Rule 9I - 34.007, Fla. Admin. Code except for HAL funded HOME loans. (c) Repayment. The parties agree that Subrecipient shall forward repayments of HOME funds and return them to the Agency quarterly, with the quarterly report required under Section 7 of this Agreement. The Agency shall cause all repayments to be redeposited to the HOME Trust Fund as required by § 4420.5089 Fla. Stat. The Agency shall return HOME Match funds provided by the Subrecipient to the extent of repayments received, for so long as Subrecipient maintains a HOME program in compliance with federal and state regulations. All repayments shall be made to the Florida Housing Finance Agency, at City Centre Building, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329. Further, pursuant to 24 CFR 92.503, if any property assisted with HOME funds ceases to be affordable under 24 CFR 92.254 (for homeownership projects), Subrecipient shall assist the Agency in enforcing the requirements of repayment, and if requested by the Agency, shall require the person(s) to whom HOME funds were paid to repay the HOME funds to it, and Subrecipient shall repay said HOME funds to the Agency, except for HAL funded HOME loans. (d) Project Requirement. The project funded under this Agreement shall meet all relevant requirements of 24 CFR 92.250 through 92.258, inclusive. The project must also meet the requirements of Rule 9I - 34.008, Fla. Admin. Code. (e) Housing Quality Standard. All housing, owner -occupied, assisted with HOME funds shall meet the requirements of 24 CFR 92.251 at closing of the HOME loan. (f) Other Program Requirements. The Subrecipient agrees to comply with all federal laws and regulations as described in 24 CFR 92.350 through 92.358, except that the Subrecipient does not assume the State's or Agency's responsibility for environmental review as contained in 24 CFR Section 92.352. (g) Affirmative Marketing_ The Subrecipient agrees to adopt affirmative marketing procedures and requirements, in writing, not later than 30 days from the date on which this Agreement is executed The affirmative marketing procedures and program shall become an exhibit to this Agreement and be attached hereto as Attachment B and by this reference, becomes a part of this Agreement as though fully set forth herein at the time of execution. (h) Religious Organizations. If the Subrecipient is or was created by a religious organization, it is hereby agreed that all HOME funds disbursed under this Agreement shall be subject to the conditions, restrictions and limitations in 24 CFR 92.257. (i) Non -Discrimination. The Subrecipient shall not discriminate against any person or family on the grounds of race, color, national origin, age, sex, religion, family status, handicap, nor against persons or families on the basis of their having minor children. The Subrecipient further agrees to meet the equal opportunity and fair housing requirements as contained in 24 CFR 92.350. 0) Enforcement of Agreement. The affordability requirement as required by this Agreement shall be enforced by appropriate restrictions placed in the deed of any real property purchased with HOME Funds and recorded in the Public Records of each county where any part of the land is located. 0 Any violation of this Agreement which remains uncured after the expiration of 30 days after the Agency shall have notified the Subrecipient of the violation by certified mail may, at the option of the Agency, be addressed by an action for damages or equitable relief, including, but not limited to, a foreclosure on any mortgage or security interest, an action to recover unpaid principal, accrued interest and fees, sale, transfer, lease or conveyance of any property seized as a result of the legal actions described above or any other legal remedy provided in law or equity. In addition to the above, if the Subrecipient materially fails to comply with the terms of this Agreement, the Agency may suspend or terminate the Agreement in accordance with 24 CFR 85.43 and, in addition, the Agency may terminate this Agreement for convenience in accordance with 24 CFR 85.44. (k) Disbursement Requests. All requests for construction disbursements shall be supported by invoices or like documents sufficient to document the amount and purpose of the disbursement and the identity of the payee. At the request of the Agency, Subrecipient shall produce the bills, invoices or other documents. Subrecipient shall present to the Agency with each request an updated budget showing the amounts drawn down to date in each updated budget showing the amounts drawn down to date in each budget category, the amounts requested in each budget category, and the amount remaining in each category after the requested draw. The amount of each request shall be limited to the amount needed to accomplish the stated purpose. No disbursement shall be made until it is actually needed for payment. (1) Reversion of Assets. Upon expiration of this Agreement, all HOME funds remaining on hand on the date of expiration shall revert to the Agency. If the Subrecipient should ever cease its operation of a HOME program, then all accounts receivable attributable to the use of HOME funds shall revert to the Agency. The Subrecipient shall execute all documents and take any and all actions necessary or desirable to complete the return of these assets to the Agency within thirty (30 days after the date of expiration. (m) Project Set -Up. The sponsor shall timely provide to the Agency all information and documentation necessary for the Agency to set up each project in the HUD Cash Management System on the following schedule. (1) 33 percent of the allocation within three months of the date of execution of this Agreement, up to 66 percent within six month of said date, and 100 percent within nine months of said date. Extensions must be requested in writing to the Agency. (20) UNIFORM ADMINISTRATIVE REQUIREMENTS. This Agreement shall be subject to the requirements of OMB Circulars No. A-87 and No. A- 102 and 24 CFR 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.36, 85.44, 85.51 and 85.52. (21) REALLOCATION OF HOME FUNDS. If Subrecipient fails tomeet the requirements requirements of (19) (m) (1) of this Agr eement, the Agency may, at its option and upon twenty-one days written notice to Subrecipient, reallocate part or all of any remaining HOME funds to another eligible HOME, program or project. Such action constitutes final agency action under Chapter 1220, Fla. Stat., and notification of such reallocation shall include notice of Subrecipient's rights to an administrative hearing. (22) LOBBYING PROHIBITION. The Subrecipient certifies, by their signature to this Agreement, that to the best of his or her knowledge and belief (a) 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 10 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. (b) 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 an 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. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (d) No funds or other resources received from the Agency in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (23) LEGAL AUTHORIZATION. The Subrecipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Subrecipient also certifies that the undersigned possesses the authority to legally execute and bind Subrecipient to the terms of this Agreement. (24) FURTHER ASSURANCES OF SUBRECIPIENT. Subrecipient makes the following further assurances to the Agency: (a) No member of or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of Subrecipient, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Subrecipient shall incorporate or cause to be incorporated in all such contracts or subcontracts a provision prohibiting such interest pursuant to the provisions stated above. (b) Its chief executive officer or other officer of Subrecipient approved by the State: (i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 CFR Part 58, which furthers the purposes of the NEPA, insofar as the provisions of such Federal law apply to the HOME program; and 11 (ii) is authorized and consents on behalf of Subrecipient and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (c) It will comply with Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing in a manner to affirmatively further fair housing, and it will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. (d) It will comply with Executive order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance; (e) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to sections 112.313 and 112.3135, Fla. Stat. and 24 CFR 570.611. (f) It will comply with the Anti -kickback (Copeland) Act of 1934, 18 U.S.C. § 874 and 40 U.S.C. § 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (g) It will comply with the Hatch Act, which limits the political activity of employees. (h) It will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's List of Violating Facilities, and it will notify that the Agency of the receipt of any communication from the Director of the E.P.A. Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the E.P.A. (i) It will require every building or facility, other than a privately owned residential structure, which is designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards", (UFAS), which is Appendix A to 41 CFR 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subrecipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 0) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. § 470, Executive order 11593, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. § 469a-1 et seq.) by: (1) Consulting with the State Historic Preservation officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (k) It will comply with the Cost -Effective Energy Conservation Standards contained in 24 CFR Part 39; with the exception of privately owned existing residential structures acquired for first time homeownership. (1) It will abide by the provisions of section 116.111, Fla. Stat., pertaining to nepotism in its performance under this agreement. 12 (m) It will include the provisions outlined in Sections 287.055 and 287.058, Fla. Stat., when negotiating contracts for services_ (n) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24 CFR Part 12. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. OF MONROE BY - Print Name �4 you / Cha �'r ingiJ Title o-7-,:�/-954 Date ��— 6,000 Federal Tax I.D. Number FLORIDA HOUSING FINANCE AGENCY APPROVED AS TO A'D G Fc;_...._...., 13 Attachment A Monroe County's HOME Investment Partnerships Program Budget I. County's State HOME Allocation Funding Budget. TOTAL: S194991750 (a) HOME Acquisition - Minimum Housing Units (54) (b) Average Home Loan Funding ($27,773) 2. Proiect Delivery Costs Project Delivery Costs included in HOME Acquisition shall not exceed 10% of HOME Investment Partnerships Budget. (a) 8% - Project Delivery (b) 1% - Audit (c) 1% - Affirmative Marketing and Fair Housing Project Delivery Costs shall include services for closing agent, HQS certified inspection, loan processing and program management to carry out the HOME acquisition project(s). 3. Program Match Program match to be provided in accordance with the County Application and provided by the County's FHFA Single Family Mortgage Revenue Bonds. ($1,000,000) 4. Scone of Work The County's HOME program is acquisition of existing or new homes built/owned by the private sector. The County"s Special Programs Office and Housing Opportunities Partnership will provide a wide array of complimentary financial products and assistance services for eligible HOME participants to insure the successful implementation of its HOME Program. Financial products offered will include SHIP, HAL and HOME loans and Mortgage Revenue Bond first mortgage financing at below market interest rates. Services to HOME Applicants will include Application processing, First Time Homeownership Seminars, Credit Review, Credit Counseling, HQS certified home inspection, Bank loan application completion, closing agent services, disbursement services and Affirmative Marketing and Fair Housing compliance. Affach., ATTAQ14ERr B SECTION N (County of Monroe) AFFIRMATIVE MARKETING POLICY AND IMPLEMENTING PROCEDURES Statement of Policy In accordance with the Regulations of the Rental Rehab- ilitation Program (24 CPR. Part 511.10(M)(2)) and HOME Investment Partnerships Program, 24CFR Part 92.351, and in furtherance of the County's commitment to non -discriminating and equal opportunity in housing, the County establishes the following procedures to affirmatively market units rehabili- tated under the Rental Rehabilitation Program and First Time Homeownership Programs. These procedures are intended to further the objectives of Title VIII of the Civil Rights Act of 1968 and Executive Order 11063. The County is committed to equal opportunity in housing choices in the local housing market without discrimina- tion based on race, color, religion, sex, and national origin. The County is committed to the goals of affirmative marketing which will be implemented in our Rental Rehabilitation Program through a specific set of steps that the County and participating owners will follow. These goals will be reached through the following procedures. 1. Informin the ublic potential tenants cants an program eraair housing affirmative mar et na nnoQ . The County will inform the public, potential tenants, and property owners about this policy and fair housing laws. The County will: a. inform the general public by placing a special news release in the Key West Citizen, and at least one other county weekly newspaper. b. inform potential tenants by providing informational materials about the Program to tenants in buildings scheduled for rehabilitation. C. inform owners by meeting directly with property owners who will participate in the program. d. inform all participating financial institutions, board of realtors, program applicants by public seminars/workshops and direct mailings. The County will provide the above information as soon as possible after we receive notification that.the Rental Rehabilitation Program application has been approved by HUD. 2. Inform Persons of all racial ethnic and Qeneral group's of avai i ity o units and/or program funding: The County will require participating property owners to contact the Program Coordinator as soon as they know a unit in their rehabilitated property is to become available. We will advise owners to give us this information as close to 30 days prior to the upcoming vacancy as possible. When the County/Monroe County Housing Authority is informed by the owner of vacancies, it will make information about them known by: a. notifying the social worker to inform applicants on the existing waiting list about upcoming vacancies. b. undertaking special outreach activities as outlined below. ce advising the owner to advertise to the general public in a newspaper of general circulation. The owner will not advertise to the general public until a minimum of ten days have passed since notification of the vacancy to the Housing Author- ity. The County, through the program coordinator, will use available local media (TV, Radio, Newspapers) to notify the general public of the availability of homeownership funding. Direct informational mailouts will be targeted to special organizations representing minorities and/or operating within specific neighborhoods with concentration of minority population (Public Housing Authority, NAACP, Main Street Board, Latin/American Chamber of Commerce, etc.). 3. Attract and solicit a2plications for units from not 1 kely to apply without special outreach : In order to inform as well as solicit applications from persons in the housing market area who are not likely to apply for units without special outreach, the County of Monroe has established procedures to reach this objective. The County has identified two groups in the housing market area who would probably not apply for the units without special outreach. These are the Black and Hispanic residents. Having identified these two groups, we will undertake special outreach methods as follows: The County will contact the Monroe County Branch of the NAACP serving the Black community and request that the organization inform concerned civic groups and residents in the Black community about the availability of units. The County will contact the Latin-American Chamber of Commerce of the Lower Keys serving the Hispanic com- munity and request that this organization inform con- cerned civic groups and Hispanic residents in the Hispanic community about the availability of units. 4. Recordkeeping The County will keep records of the following: a. the racial, ethnic and gender characteristics of tenants and applicants in the ninety days following rehabilitation as required by Section 511.71(a)(2); b. copies of Program advertisements which we place in the newspaper. 5. co copies of correspondence and dates of each contact in conducting special outreach. Assessment and Corrective Actions Effectiveness of our affirmative marketing efforts will be addressed as follows: a. to determine if good faith efforts have been made, we will compare the information contained on the records to be kept, as determined by Procedure 4, with actions that were taken to carry out Pro- cedures 2 to 3. If the required steps were taken, we will determine that good faith efforts have been made. b. to determine results, we will examine whether or not persons from the Black and Hispanic groups in our area applied for or became tenants or owners of units that were affirmatively marketed. If we find that they are represented, we will assume our procedures were effective. If one or more such groups are not represented, we will review the procedures to determine what changes, if any, might be made to make the affirmative marketing efforts more effective. The County will take corrective actions if we find that property owners fail to carry out procedures required of them. If, after discussing with owners ways to improve procedures, the owners continue to fail to meat the affirmative marketing requirements, the County will disqualify an owner from future participation in the Rental Rehabilitation Program and/or a lender, real estate company and/or developer participating in the County's First Time Homeownership Program. The County will carry complete an assessment and will provide said requirements. RENTAL.REHAB/RENTALREHABMCHM out assessment activities and of affirmative marketing efforts information and any reporting