04/18/1995Contract Number: a w - I I - Sy - do ` O°3
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Housing Finance
Agency, an agency and insuumentality of the State of Florida, with headquarters in Tallahasscc,
Florida (bereinaft r reffeavd to as the "Agency"), and Mocmoe County, (hatcinafter referred to as the
Igor
Tl®S AGRTrT14M IS ENTERED INTO BASED ON TEE FOLLOWING FACTS:
A. WHEREAS, the State of Florida has. been decreed by the United States
Depsrho eot of Housing and Urban Development as a participating jurisdiction for the receipt and
tug of funds as pcowided by the HOME Investment Partnerships Ptopm ("HOME Program") as
prtov11 1 in 24 CFR Pact 92; and
B. WMMXAS, the Florida Housing Finaaoe. Agency (the "Agency') has been
defiosts�sd by tits Soft of Florida as the allocating audwitp for HOME finds; fod
C. WHERUS, section 420.5089, L' AIL reWm drat dre Aglo y =dos iaeers in do
-JAL-*istratioea of the HOMB program;
D. qIECREAS, the Subrecipient r+epte:sah daft it is fully quslifed possesass On
wq aldlis, k v Iedfe, 9nah6cationi and experience eo provide firs secvioa idse:tifnd trsrein,
and doers offer m psrfoem such saviees for the Agency. and
& WHEREAS, the Subrecipient bas pcnnhasod a S9,000;000 cmmaituic t of the Sink
Fwr* Mortgage Revenue Bonds 1994 Series A and B (collectively the Bonds) to be issued in July,
1994 with loan orithw ion effective August 15,1994; to leverage with the Mourne County and City
of Key West SHIP' and HOME Programs; and
F. - WHEREAS, the Agency's Single Family Mortgage Revenue Bonds 1994 Series A
and B Mortgage Origination Agreement provides for second mortgage down payment and closing
cost assistsmc e, 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 leaders
and servicing by an approved master semcer utilizing existing Agency recordkceping, reporting and
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audit requiscDcoth %areby relieving the subrecipient flan these obligations as described within this
in relation to HOME funded HAL loans utilizing Bonds, and
1. WHEREAS, the Agency is required by HUD to be responsible for the Eavirontnental
Review, the subrecipient shall only be responsible for said assurances applicable to its required
HOME funding implementation procedures, as defined in Florida Statute and Rule.
J. WHEREAS, the Agency has a need for such services and does hereby accept the
o&r of the Subrecipient upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, the Agency and the Subrecipialt do mutually agree as follows:
(1) DF.FTN MON OF 37J MS. Texas used heroin shall be defined as appears at 24•
CPR 922 and Rule 9I- 40.020. Fla. Admire. Code.
(2) B rrx; AND ME OF WORK. TU Subrecipient shall administer one or
more pvjects pemcaittod undsx the HOME Investment Partnership Act of 1990 and applicable
- -g,,! ti m s, "is more specifically deem -bad in Attachment A ofthis Agreement. Sukccipient shall
sWWd indmiAW participants for horse ownership ban programs and shall act as the agent of Agency
in doing sm In selecting pa cticipaws, Subredpient shall abide by the requircomb of § 420.3089
Subeecipient stall use the HONE hands to make locos to individual pactirwprob in the
arms of*A A,mcy. Each loan shell be evidenced by ante and secirrod by a asoctgage, usig fam:
weppliad by or approved by eomsel for the Agency. Subrecipient shag assist individual PK6dpaests
jabot owoaas .*w lore programs by providing first tirw home ovmw*ip couases, credit counaoting
and ,-!lard services, and low application processing assistance. Subrecipieat stall burdw act as
doWng mast boa the Agency, amusing that title insurance is obtained and then appopriate dwmaots
!arias. been axeomd and recorded before making a dish of HOME funds. All loan
docu®erts shall require that repayments of loan proceeds be made to the Agency.
(3) INCORPORATION OF LAWS, RULES. REGULATIONS. Both the
Subrcc*cut and the Agency shall be governed by applicable State and Foderal laves, rules and
regubdoas.
(4) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both
parries and shall and three (3) years after the housing to be delivered under the description, of the
work outlined in Attachment A is available for occupancy.
(5) MODIFICATION OF CONTRACI. Either party may request modification of the
provisions of this Agreement Only changes which are mutually agreed upon shall be valid and only
when reduced to writing, duly signed by each of the parties hereto, and attached to the original of
this Agreement.
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(a) Subrecipient shall maintain records sufficiaart to meet the requirements of 24 CFR
92M8 (a) (21(aX3)6 (a) (5). and (aX6). All records wW repclrts required herein shall be retained and
made sceesaable as provided in 24 CFR 92.508(c) and (d) and Section 9I-40.130, FIL A is Cade.
(b) The Subrecipiw shall comply with the requirements of OMB.Circulars No.
A-122 and A-110. as provided in 24 CFR 92.505(b).
(c) TU Subrecipient shall maintain records specific to cacti individual unit or loan
so that all disburscmcats with regard to ewb particular loan, home or homeowner will be easily
retrievable.
(d) All oli&d records pertinent to this Agrees tent shall be retained by the
Subrecipieat for three: years following the date of totminadon of this AgreenmPat or of submission
of the final close-out report, whichever is late:, with the Nkwiag exceptions: •
1. If any litigation, claim or audit is sI setcd before the eaxpimtion of the three
your period and cxkmds beyond the three year period, the records will be maintained -until all
!meow claims or "t findings involving the records have beau resolved.
2. R=ords for the disposition at -an eocpo�albb peacoat P+vpeaty Vowed
at S1.000 or more at the tiara of acquisition shall be roodned for d ee yeas alter final dupodum
3. Records relating to real penpaty action shall be retained for the period
of dkrddOq required under 24 CFR 92.254.
(e) All records, including supporting of all program costs, shall be
sut5cicUt to determine compliance with the requirements and objectives of Attachment A and all
other applicable lays and regulations.
(!) The Subreeipient, 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 thban Development. "Rmvnable" shall be construed according to the
circumstances but ordinarily sball means during normal business hours of 8:00 a.m. to 5:00 pm.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the Agency.
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(a) At a minimum, the.Subrecip M shall provide the Agency with quarterly reports
and a close-out report. Each Quarterly report shall include the status of the prvjcct and each
hogneownextbuyer saved. The qux t dy report shalt also include an estimated close-out date. 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 ew the end of each quanta of the program year and shall continue tD be submitted each quarter
until submission of the admiaisttative closeout report The ending dates for each quarter of the
program year are March 30, Juae 30, September 30 and December 31.
(c) The close." report is due agey (30) drys after tampon of this Agreancat
or upon completion of the activities contained in this Agreement.
(d) If an required reports and copies, probed abom are not seat to tine Agency
or are not coe npleted m a meaner acceptable to the Agency, the Agency may withheld fiff* r
paywou until they are completed or may ukc such other action as set forth in paragraph 9 hereof.
710 Agency MY twmim tie the Agreement with a Subrwipient if reports are not received within 10
ap after w,ritsw notice by the Agency. "Amptable to the Agency" moms that the wmk peoduct
TM condoled in accordance with generally accepted accounting principle and aeons~ ethic
the BudgK and scope of Work.
(e) Upon reasooble aotioe, the subr ipiart shall provide such additional PWM
updaft or is omation as may be regal W by the Agency.
(f) The Subrecipient will provide any and all reports necessary for the Agency
to meet its reporting requ rcmeata under 24 CFR 92.509 with respect to the SnbrocipiWW5 use of
HOME f"aads.
(_) MO1yI QMG. The Subrecipient shall do all things necesaaty to assist the Agency
in cwyint out its monitoring responsibilities as required by 24 CFR 92.504(e), which may, at the
option of the Agency, inchxde on -site inspection. Further, Subrecipkut 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 Attachumit
A to this Agreement.
(9) I A iT'Y. Any subrecipient who is a state agency or subdivision, as defined in
Section 768.29 Fla., ., agrees to be fully responsible for its negligent acts or omissions or tortious
acts wbuich result in claims or suits against the Department, and agrees to be liable for any damages
proximately cauxd by said acts or omissions. Nothing herein is intended to serve as a waiver or
sovereign immunity by any subrecipient to which sovereign immunity applies. Nothing herein shall
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be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
patties in say matter arising out of any Contract. The subrecipient agrees that it is an indepa dent
contractor of the Department and not an agent or employee.
r 1 t ; ur r tl' ; �It M � ►
(a) If any of the following events occur ("Events of Default"), all obligation on the
part of the Agency to ewe to be made any. further payment of hinds 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 any make any payments or parts of payments after the
happening of any Events of Default widxxx thereby waiving do Ask to c=ciw such remedies, and
withvA becoming liable to make say further payment. Howe=, the Agency agrees to fiord thm
HOME loans which have been pre -approved and resocved; eve= if there has boon an Event of
Dcfinh:
1. If any warranty or rel oa made by the Subrmcipian in this
Agoaneat or any previous Agrcemeat with the Agency shall at any time be found to be false or
misleading in say respect, or if the Subrecipient shall fail to keep, observe or perform any of the .
I - m or covenants contained in this Agreement or any previous sg=ment with the Agency and has
not c.md such in timely fashion, or is unable or unwilling to moot its obligations dwounder;
2. If any materiel adverse change"ocm in the financial conditaion of the
Ss +ecdpiwt at anytime during the term of this Agreaaa d frm the finamiA condition revaded in ;
say reports filed or to be filed with the Agency, and the Sub w*ost fails to an said material
adverse change within thirty (30) days hvm the time the dam written notice is sent by the Agency.
3. If may reports required by this Agreement bow not bees timely wbn ivW
In tba Agency or have been submitted with incorrect, debt or insufficient mf ormation;
4. If Subredpient fails to forward repayments of HOME loan proceeds
to the Agency with the quarterly reports required under Section 7;
5. If the Subrecipieat 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 SuhrecipiCAV3 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 Agreemcnt in accordance with 24 CIR 85.43, provided that
the Subrecipient is given at least twenty-one (21) days prior written notice of such termination. The
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notice shall be effective whoa placed in tine United States mail, fuel claw mail. postage prepaid, by
registec�od or M6W mail-mlurn receipt requested, to the address set forth in paragraph 11 berein;
of this Agreement;
2. Commence an appropriate legal or cgnitabk act". to edm= perfomwce
3. Withhold or swpcad payment of all or any part of a request for payment;
4. Exercise gay corrective or remedial actions, to include but not be limited
to, requesting addidonal information from theSubrocipieW to defaming the reasons for or the extent
of n0es-coa►0iW0C or IS& of perfomance, issuing a w ittcn warning to advise base tense xrious
vas may be taken. if the sitwaion is not carrected. advising dye Subrecipient to mind,
dis+vo mug or reA from i maing Costs for gay activities in q wW= or m4�t tba S�
to r+aimburae the Agency for the amount of costs incurred for any item dotemmiaed b be ineligible;
5. Exercise any other rights or remedies which may be otherwiseavailable
uuder law;
(c) The Agency may tetminate this Agreement fa Gauss upon sue& wri M not"
as is M eowbla under do eh r L, WA MMM Cause stall is lx* but not be limited nor =ism of fond:;
few be of =Wfiance with wUMNS rules, law: sped regatatIOW hflM to P«fMXR in a MN'ly
moo,er, and repeal by to Subrectient two r P kit pub& acoea m MIW &m=44 POP I ', letaw, of
O&K aajaW subjed to &w1osm under Chaps' 119. EW., W, as UUs+dsd.
(d) Suspemion at t u noon coostc"= &ai apecy action under Cbapeer 120, f3L
ss aaerded,. Notion of ORMniOn or 10mingdOR sbaU include not'as of eve
headag rights gad fire frames.
(e) The Subrocipient shall return bids to the Agency if found in eon-co�ice
with laws, rules, regulations governing the use of the funds or this Agreement.
M 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 SubrecipieM The Agency may, to the
extant authorized by law, withhold any payments to the Subrecipient for purpose of get -off until such
time as the exact amount of damages due the Agency from the SuhvCipient is determined.
(h) The Agency shall have the right to terminate this Agreement for convenience
under 24 CFR 95.44.
C.
(a) Ail notices provided under ofpmwato this Agesement siiaU be in writing,
either by band delivery. or first class, certified mail, return rocxipt requested+ to the repr+eaU"tivc
identified below.
Agreeni" ii:
(b) The Agency contract manager for this Agent is:
Robert Ippolito
Florida Housing Finn" AgeWY
227 North Bxor+ough Sft=% Suite 5000
Tallahaswes FL 32301-1329
for the admioistrrtiat of this
(c) M. Represr v'e of the SubreaipieaR reWom
Roger Bumo, Director
Special. Programs Of
1403121h Street
IGey west, FL 3300-4075
(d) In Owe that ditfereaqx �1015&'wW0by d6w psety aloe
aocse+�co of Us Apeemsm, nO6= of the M title end address of tea am wM be
r psovidod in I I (a) abova.
(a) The validity of this Agreement is subject to the truth aad ac"rwy of all the
iu o tion and rqgwcatations in the application, and in all materials submiftd or provided by the
Subrecipieat, in this Agreement, in anY subscqueat submission or response to Agency request, or
in any submission or resperose to fulfill the requirements of this Agreement, and such information,
representations, &ad materials arc incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Agency and with tbirty (30) days written Mice to the
Subrecipient, causer 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 ury applicable statute or rule, of is otherwise unenforceable, then such provision
shall be donned null and void to the extent of suchconflict, and shall be deemed severable, but shall
not invalidate any other provision of this Agreement.
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(a) No waiver by the Agency of Say right or MTwdy puted bcom+mder or failure to
inatg ou strict puftmance by the Subeecipient shall aster of extMd of act as a waiver of any other
right or r=Wy of the Agency bwamder, of affect *a snbseq NW WMIc ise of ft same � of
of
remedy by Mee Agency for any further or subsoguern default by the $ubrW D;au
Any 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) Ill Agreement may be owcuted in any number of oouateMmt% my one of which
may be taken as as original.
(13)
(&) MW &*recip;r<rt agues to maintain bu=cW p mcoduma and mppoct documRo M
in accadma with generally accepted aoaouating p dadpks congslady allied, m aeoount for the
rrc�aipt and expenditure of funds under this Agreem ent except for s ffW doaumontabon required
W HAL loaded HOME loans required by the Bond Prom- .
(b) These minds shall be availabk at all rasonable times for , review,
or audit by state perroWW and other personnel duty autbonxed by the Agency. "Rrasooabk AMU
be ooastrved accozfmg to des, but ardinuilY shall mean MXmsl bu siuea hours of 8:00
ass. b 5:00 p.m., toed time, Moaday tMouo Friday,
(c) The SubreckkeS shall also provide the AgeaCY with the greed:, r+rporb a
tsar sulamants upon request for the purposes of s udrtmg and momt nng the l6sds I i adod
voder dds A mcmeM 'the Ag=cy shall rely on *= own records for HAL !larded HOME bans.
(d) The &*ra ipant shall provide tbo Agency with as aanwl 8aaod:a1 audit rtpoct
which asset: the applicable rcgtib p menu of Sections 11.45 snd 216349, , and Chapter
10.550, Rules of the Auditor General, OMH Circulars A-128 and A-133, 24 CFR Put 44, and, to
the ciset 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 managemeut letters and
the Subrecipicafs response to all findings, including corrective actions to be taken-
2. The annual financial sudit 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
subparagrspbs 13(d)1 and 2 above, shall be seat directly to:
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Department of Commrmity Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(e) In the. event the audit shows that the entire f cub, or any portion thereof, was not
spent in accordance with the eonditioas of this Agreement, the Subrecipicat shall be held liable for
reimbursement to the Agency of all funds not spent in accordance with these applicable regulations
and Agreenmo provisions within thirty (30) days after the Agency has notified the Subrccipient of
such non-compliance.
(f) The Subrecipient shall retain all fiaaWW records, suppoardAg docrrmcats,
statistical rr is, and any other doom pertinent to 96 0000b , for a period of tires years after
the dew of aeon of the final expen&ftes report However, if titigatioo or an wdit bas beer
initi,med prior to. the expiration of the three-year period, the records shall be retained argil the
tiagatioan or audit findings have been resolved.
(g) The Subrecipient shall have all audits conWleted by as in3ependent ratified
pablie atxoutant (IPA) who shall either be a certified pWw accountant or a public accountant
licensed undo Chapter 473, ML The IPA shalt stale that do audit complied wi& the applicable
pr+ariWaw soled above.
(14) SUBCON TRAM.
(a) If the Subrecipient subcontract: any at all of the wank required undo this
Ageeeaaaot, ttse Subrecipient agree to include is swb000ft""tia is bossed by
dw tsars sstd evndkio ns of this Agent with Agency.
(b) The Subrecipient agrees to in
hold the Agency and Subrecipient harmless agai
snboo=M-ctots performance of work under this
law.
3e in the subcontract that the saboorrtrrrcta ahril
all claims of whatever nature arising out of the
tenant, to the cxtcnt allowed and required by
(c) If the Subrecipient subcontracts, a copy of the executed subcontract must be
forwarded to the Agency within ten (10) days after execution. ,
G 5) TERMS AND C.ONDIT ONO. The Agreement contains all the terms and
conditions agreed upon by the parties.
• : tM T N.r-rt31N
(a) All attachments to this Agreement are incorporated as if set out fully herein.
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(b) In the event of any inconsistencies or conflict between the language of this
ASteenrraat and floes MwIments ha mto, the laaguagc of such attachments shall be cantrollin& but
only to the eoctcnt of such Conflict or inconsistency.
(17) F PWI NGIMSiI)MIM. Payment. shall be made on a reimbursement basis
in aeoordaace with the requirements of 24 CFR 92.502. The Subrecipient apr m to expend funds
in a000cdance with the Budget and Scope of Work, Attachment A of this Agreement. Subrecipient
may transfer fads between budget categories as long as the total amount of the transfer, Whether
increase or decrease, does not exceed fifteen percent (15019) of the total approved budget category
and the trensfer is made to an approved budget line item. However, no additional transfer above the
15% limit may be made until the Agency bas approved a revised budget. Under no circumstances
cm the changes warease the total budgeted allocahom Any advance payment shall be requested by
6rs Sub mdpiant wd is subject to Sew 216.1E 1(14)(b� OM Cinadar A-102, and the
Cash Mwegemeot Impovemeat Act of 1990. All interest which may be earned on all advances of
& duel thads received bacunder must be promptly, but at least gmtcrlY, remitted to the Agency for
fO WN ding to the Waal agency that provided fire funds. However, On Subrecipiart is not requhW
to doposk such advances in an interest-bearin account
(1 . The Subrumcipieot Or to be hound by the foldawn
amd.a oonaitioni: •
(a) 'aloe Stec of Florida has no obligation In pay out 00 fi" Talon ddS
AaeaavrCK'bat is aCW$ as dhe State Agency desigood to admmistar bdeaal ihsdS node: lasts
HOW Ian► ounat Putoaship Act of 1990. The State of Flod&s obliptioa to pg =dW tYv
ooatUW is coatiogerrt upw an smug appmpdation by the Legislaftue.
(b) All bills for fees or other oompeoastion for mervias or expeosas sW be
snbaeitdd in detail saffKknt for a proper preaudit and postox1it tbdwf.
(c) The Agency reserves the right to u dWcrally cancel this Agreement for refusal
by the Submq=nt to allow public access to all documents, papers, letters or other nWerial subject
to tort provisi= of Chapter l l9, Fla• Smt., and made or roccived by the Subrecipient in caojun►ction
with the Agreement.
(d) Extension of a contract for contractual services shall be in writing for a period
not to acceed 6 months and shall be subject to the same terms and conditions set forth in the initial
contract. Tbere 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 m accordance with § 112.061,
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(f) pursuant to Chapter 215.422, F11..5 the Agency shall issue PaymentS to
vendors within 40 days agar reocipt of an acceptable invoice and rvccipt, inspection, and acceptance
of foods and/or scrvlces provided in accozdance with the terms -and conditions of the Agreement
pWure to issue the warrant within 40 days shall result in the Agency Paying interest at the rate of
one peroerrt per month calculated on a daily basis on the unpaid balance. The ntterestp al Shall
be paid within 15 days after issuing the warrant. Vendors experiencing pro
payer from the Agency may receive assistance by contacting the Vendor Ombudsman at (904)
43S.2924 or.by contacting the State comptroller's Hotline at 1-800-848-3792.
(a) Use of HOME Funds. The HOME funds governed by this agreement shall
be
tissd to perform &I tasks listed in Attachment A attached to this agreement, and for no other
pmposs, anent A shall also HA the tasks to be perbmsd m comple ft the Project, a sehedWe
far the tasks and the budget for cotmPleting the task. All HOME funds governed by this
sl>av be used in a mamas that is consistent with the provisions of 24 CM 92.205 and
92.301 arhli Rule 9I-40.060, Us AdMiM Code,
(b) Affordability. Wlth respect to each property
assisted with HOME funds,
shall . compliance with the of 24 C.F.R. 192.254..
The mrociput agrees to repay all HOME funds governed by this ApaGa>a�R if dye
sobearipi!et or the p iect fails to comply a owes to comply with affordability re quirem e m ss
set fw* is 24 CFR 92254. The ai%rdabiilaty "quJu+emeats Shan remain in effect for the term
tad by 24 CFR 92254. If Subrecipiast lends HOME ihands to anyone, the ken ear, >
my Mepp =ua require that the affordability regwmnaats eongnuc to be met ihrvugbout the
ft m of the lose and shall be binding upon heirs, successors, Ames. and trsasfw"W of the
3 obec ipi�at as required by 24 C.F.R § 92254 for hotnoownerahip projects, and of Rules 9I-40.060
and 91-40.070, except for HAY. funded HOME loans.
(c) Repayment. All loans made by Subeecipicnt on behalf of the Agency shall
be repaid directly to the Agency at 227 North.Bronough Street, Suite 5000, Tallabasaee, Florida,
32301-1329 or at such other address as the Agency may direct Pursuant to 24 CFR 92.503, if any
property assisted with HOME funds ceases to be affordable under 24 CFR 92.252 (for rental
property) or 92.254 (for home ownership projects), Subrecipient shall assist the Agency in obtaining
repayment of the HOME fiords to the Agency. Further, if any program participant defaults on any
obligation to repay a loan, Subrecipient will attempt to make at least two (2) contacts, written or
personal, with the participant in an effort to obtain repayment of the loans for the Agency after
notification by the Agency of default by the participant However, Subrecipient shall have no
financial responsibility to the Agency where HOME program participants default on loan
repayments, if Subrecipient's good faith efforts fail to result in repayment.
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P%jod Requ
(d) irmmenL 'tom proj a funded under this Agmment "I meet
iaclusivc. The proj� must also meet
All reb'v+mt �� Of 24 CFR 92.250 through 9� a SAdmin. Cam.
the reqUimDents of Rules 91-40.060 and 91-40.070,
(a) Other Program Requirements. The Subrecipient agrees to comply with all
federal laws and regulations as described in 24 CFR 92.350 through 92.353, except that the
Subrecipieat does not assume the State's or Agency's responsibility for environmental review as
contained in 24 CFR Section 92.352.
(fl The Subrecipint agrees to adopt
Affirmative Mate�g and Fair Housing.
affcrmat n nwAmting Pr'aO&M and requiremesIts, in vnitinS• rot law dm 30 days from the date
u Coca & The affw=Ltv+e Vw&cbng pies and requirements shall
an TA" this m 24 CFR 92351(b). The a�'itasati've
ia�ade. but Hood sat be limited to, tlrvae ambit to this Agt+eemeat sad be attached hereto as
procedures and program shall became
Attachmat B and by this rcfera mx, becomes a part of this Agreeount as bftilough ly set forth
min at the time of "emaku .
(2) Religious Organizations. If the Subeocipieat is or was c vdvd by a religious
OrIpahmoon. it is bereby armed that all HOME finds disbursed under this Apftn d shall be
O&jeot In td�a resuictions and limitations in 24 CFR 92157.
(h) b oa. The S " ant &Kfiminaft ariw m'
VMM at hmily on to Rounds of race. color, rkshoeal origin, age, ux, nfixim f=04 IMM,
lbe
nee cam peor ha dues an tds he bow of their having inor
aving m
apnea W mast the � oppmtuo ay and fair lousing req�m'uxd s =
in 24 CM 92.350 ad Rub 91-40.140,
Wmmex �t. of The affordability requires at as re**W by this
El
Apsawa
share be enforeod by Wroprutc restrictions placed in the deed of say real pcvperty
p with HOLE Funds and recorded in the Public Records of each county where any Am of
land is located'
Any viol*boaa of this Agreement which remains uncured after the expiration of 30 days after
the Ageaay shall have notified tic 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 desedbod above or any other legal remedy provided in law or equity.
. In addition to the above, if the S ubreei�
e the Agreement in accordance with 24 CFR 85of �
the Agency may suspend o3
and, in addition, the Agency may terminate this Agreement for convenience in accordance -Aith 24
CFR 85.44.
12
�) Disbursement Requests. All requests for diets shall be tup"rted
by invoices or like documents sufficient to document the amount and purpose of the disbursement
and. *e kwatity of the payee. At the request of the Agency, Submcipient shall produce the bills,
urvoices or other documents. Subrecipient :ball p msent to the AgeDGy with each request an updated
budget showing the amounts drawn down to date in each budget category, the amounts requested
is each budget category, gad the amount remaining in each category after the requested draw. The
amount of each request shall be limited to the amount needed to aeoomplish the stated purpose. No
dot shall be made until it is actually needed for payment.
(k) Reversion of Assets. Upon expiration of this Agreement, all HOME funds
remaining on hand on the date of expiration shall revert to the Agemy. If the Subrecipient should
aver once iib opardion of a HOME program, tbcn all accounts receivable attributable to the use of
"a revert to the Agency. The Subc+oci shrill mecAc A docamutts and take any
and all actions necessarY or desirable to complete the return of these assets to the Agency within
dirty (30) days after the date of expiration.
(20) UNDDERADMMSTRAMI . This Agreement shall be
subject to the requirements of OMB Circular No. A-87 and No. A-102 and 24 CFR 85.6, 85.12,
85.20, 85M, 85.26, 8535, 85.36, 85.44, 85.51 and 85.51
(21) ow iffnmZ 1f snb eat either fails to request
• of nay HOME fiords for a period of sac consoartire moatbs, or fails to request
dim of the entire allocation of HOME !hods in dais Agtecnm iat wkbin two years of tine date
ottbis Av+eeault, the Agency may, at its opt m and upon twenty-one (21) days wd#= notice to
reallocaoe part or all of any rem HOME Brads to another eligible HOME,
PSWW - - or project. - Such action constitutes final apo cy sotion =Ww Chapter 120, FIB SOL And
vatification of such reallocStion shall include notice of 3u1--- ie -es rights to an administrative
(22) WggMG PRDJL=M. The 3obrecipicat certifies, by their signature to this
Aged. 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.underogned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal giant, 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 influeming 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
13
in coonec don with this Federal contract, grant, loan or cooperative agreement, the undersiguod shall
compile and subunit Standard Forni-LLL. "Disclowre 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, subgmnts, and
oocitracts under grants, loans, and cooperative ag eemeab) and that all wbcecwieats shall cert4 and
disclose accordingly.
This eetiScatioa is a material repo.... of fad upon which reliance was placed
wben this transaction was made or entered into. Submission of this ceitificstion is a prerequisite for
maid ng or entering into this transaction imposed by Section 1352, Title 31. U.S. Code. Any person
v&o bib to f k tiic required cadcation shall be subject to a civil Pwalty of not less dM S 10,000
and not More from S100,000 for each such faihm
(d) No funds or other resources twenved !roan tie A$ewy m cooamection v4th this
Age may be used directly or indirectly to influeooe leeWatiao or say other official action by
the Florida Legislature or any state agency.
(23) LEGAL AffrEJORUATION. Tie Subrecipient certifies with respect to this
Agraonsst that it possesses the legal audwrity b receive the #nods to be pmvvided under this
Apowmet and d3K if appiiable, its governing body bw adwd24 by teeokdm cw otbawisa, fire
exeoatioo and accept== of this Agres smat with all coaseb amd aesaaooe moteined bersin.
The SdWacipient also ouffm that the urndeesipnod pom as its swioc* to Inally execute and
bind 9k#xeci;Wt to tic tams of this Agreement.
S makes the
AdlovAng further asmuanca to the Agency.
(a) No member of or delegate to the Congren of the United States shall be
admitlod to any share or part of this agreement or to any benefit to arise from tie same. No member,
offiea, 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 perfonned 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.
State:
(b) Its chief executive officer or other officer of Subrecipient approved by the
14
(i) consents to assume tltc stew of a responsible Federal official under
the Natioaaal F.nviromnental Policy Act of 1 %9 (NEPA) and other provisions of Federal law, as
epoci8ed in 24 CFR Part 58, which furthers the purposes of the NEPA, insofar as the provisions of
such Fcdcral law apply to the HOME progrugn, and
(h) is authorized and conmts on behalf of Subrecipient and herself or
himself to accept the juri-sdiction of the Federal courts for the purpose of enforcement of her or his
resgoot�ibilitics as such an official. '
(c) It will comply with Title V Ill of the Civil Rights Act of i 963 (Pub. L. 90-284),
as amended, ad�ministesing all programs and activities relating to housing in a manner to
af6caullively further fair housing, atd it will take action to off rmadvely 16dnt foe housing in the
ode or rental of housing, the financing of housing, and the provision of broicsrage services.
(d) It will comply with Executive order 11063 on equal opp rtuaity in housing and
aaoadisGcimioation in the sale orr rental of housing built with Federd'assistaaoe:
(c) It will establish safeguards to peolubit employees ft m wing positkm for a
purpose that is or Well the appearance of being motivated by a desin for private pk hot *emsclvrs
or othea% pmtimWy those with whom they have fianily, business, at other ties pnrstaW to sa oWN
112.313 and 112.3135, Flat. and 24 CFR 570.611.
(f) It will comply wide the Anti -kickback (Copeland) Act of M4. if US.G f 874
nd 40 U.B.C. 4 276e, which our m and prescribed penalties for "i ickbecW of warts is hderaliy
no�enoed cc assisted construction activities.
(g) it will comply with the Hatch Act, which limits tb a pobbcsd ackvity of
(h) It will insure that the facilities under its ownership, lease, or mgwvision V4dch
aba11 be ud in the accomplishment of the progun are v& listed on the EaviroaAmeata
ti�l Proketion
Agency's List of 'Violating Facilities, and it will notify that the Agency of the receipt of any
ammicadon 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 F.P.A.
C) 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 Aft 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.
1S
Q) It will, in connection with its performance of environmental assessments under the
National EwAronmental Policy Act of 1969, comply with Section 106 of the National Historic
prtscvation Act of 1966, 16 U.S.C. J 470, Executive order 11593, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. if 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 arc subject
to adverse effects (see 36 CFR 800.8) by the proposed activity; and
(2) Complying with au requirements established by the State to avoid or
mitigate adverse effects upon such properties.
(k) It will comply with Property Standards pursuant to 24 CFR Section 92.251;
(1) It will abide by the provisions of section I16.111, EIL fit„ pertaining to
nepotism in its performance under this agreement.
(m) It will include the provisions outlined iu Sections 287.055 and 287.058, EIL
., when negodating contracts for services.
(u) It bas adopted and is enforcing a policy prohibiting the use of excessive force by
law ead'oW=WW sg WC8 within iu jurisdiction aga" awry individuals engaged in narviole ut elvil
Aloft demos:orations, and has adopted and is enforcing a policy of enforcing applicable State and
federal taws against physically barring entrance or exit from a facility or location which is the
subject of such nonviolent civil rights demonstration within its jurisdiction in aecmxUuwe with
Section 519 of Public Law 101-140 of the 1990 HUD Appropriations Act.
(o) It will comply with Section 102 of the HUD Reform Act of 1989 and with 24
CFR Part 12.
THE REMAINDER OF THIS PAGE HAS BEEN INTENITONALLY LEFT BLANK.
16
IN WrrNW VAHEREOF, the parties hereto have caused this contact to be executed this
/ h mil' of ���� 199S by their undersiped officials as duly authorized.
SPECIAL PROGRAMS OFFICE FLORIDA HOUSTNO FINANCE AGENCY
KEY WEST/MONROE COUNTY
HY: BY
Shirky Freeman ' Pri:
Mayor/Chairwo Title: & E c-►T IV E 1 R-&JO Z
per; Apr1l__18, 1995 __.. UiZ a?f 1945Date: �
Fed" Tax I.D. Nmnben
39-M749
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
17
APM wo AS ro PvRm,
A.ND SUFFIC/FNf'y.
,y
Auamer s Ofli�� -
Attachment A
DISASTER RELIEF
:Monroe County's HOME Investment Partnerships Budget
1. Monroe County's HOME Allocation Funding Budget. TOTAL:$1,057,000
(a) HOME Acquisition and Rehabilitation -
Minimum Housing Units 30
(b) Average Home Loan Funding $35,233
2. Project Delivery Costs
Project Delivery Costs included in HOME Acquisition shall not exceed 10% of HOME
Investment Partnerships Budget.
(a) 8° o - 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
None Required
4. Scope of Work
The County's HOME program is acquisition and rehabilitation 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.
AnwhA
ATTACH4ERr 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 a 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. Inf o na the publict potential tenants program appli-
cantsappli-
cantef and owners about Federal a r housing laws an
affirmative mar et na no es :
The County will inform the public, potential tenants,
and property owners about this policy and fair housing
laws.
The County wills
a. inform the general public by placing a special news
release in the Rey 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 general
croup's of availability o un is 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.
co 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 applications for units from persons
not likely to -apply without special outreac :
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.
ce copies of correspondence and dates of each contact
in conducting special outreach.
5. 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