Resolution 133-1995 I '.
RESOLUTION 1 33 - 1995
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE
STATE OF FLORIDA, FLORIDA HOUSING FINANCE
o �? AGENCY (FHFA) AND MONROE COUNTY FOR U.S.
" a - - DEPARTMENT OF HOUSING AND URBAN DEVELOP-
�r. N =,2 MENT (HUD) HOMEOWNERSHIP INVESTMENT
PARTNERSHIP (HOME) FUNDS AND DIRECTING THE
EXECUTION OF THE CONTRACT AND PROGRAM
`l' F- IMPLEMENTATION DOCUMENTS.
WHEREAS, the County of Monroe has applied for first-time
homeownership federal HOMES funds for low-income residents in
accordance with Resolution 088-1994; and
WHEREAS, the County of Monroe has appealed the FHFA scoring of
the County's HOME Disaster Relief Application in accordance with
resolution 275-1994 and is now ranked number one (1); and
WHEREAS, the FHFA has issued a funding award letter to Monroe
County in the amount of$1,057,000 for HOME funds; and
WHEREAS, the program designed for first-time homeownership
activities in Monroe County requires all eligible low income recipients to
meet current financial market underwriting criteria to obtain a first mortgage;
and
WHEREAS, FHFA has submitted a proposed HOME Disaster Relief
funding agreement (contract) to the county for execution.
NOW, THEREFORE, BE IT RESOLVED, the Board of County
Commissioners of Monroe County, in support of affordable housing through
Resolution 088-1994, hereby authorizes the Chairman of Board of County
Commissioners, to execute the HOME Disaster Relief Agreement and any
related documents referred therein on behalf of Monroe County as the State
of Florida's sub-recipient of federal HOME funds.
This resolution shall become effective immediately upon adoption by the
Commission, by the Presiding Officer and Clerk.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a regular meeting of said Board held on the
18th of April A.D. 1995.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor/Chairman
(SEAL)
ATTEST: Mayor Freeman yes
Mayor Pro Tern London Y e s
Commissioner Douglas not present
Commissioner Harvey yes
Commissioner Reich yes
a00 ell C' L),, e1.
Danny Kolhage, Clerk of the Court
APPROVED AS TO FOR["
AND L
Attorney's Office ___
Contract Number:
AGREEMENT
THIS AGREEMENT-is entered into by and between the State of Florida,Housing Finance
Agency, an agency and instrumentality of the State of Florida, with headquarters in Tallahassee,
Florida(hereinafter referred to as the"Agency"), and Monroe County,(hereinafter referred to 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,section 420.5089,Fla.Stat.,requires that the Agency make loans in the
administration of the HOME program;
D. WHEREAS, the Subrecipient represents that it is fully qualified, possesses the
requisite*ills,knowledge, qualifications and experience to provide the services identified herein,
and doss offer to perform such services for the Agency, and
E. WHEREAS,the Subrecipient has purchased a 89,000,000 commitment of 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;to leverage with the Monroe 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 assistance,which for Bond purposes arc 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 recordkceping,reporting and
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audit requirements,thereby relieving the subrecipient from these obligations as described within this i
agreement in relation to HOME funded HAL loans ntiliring Bonds; and
I. WHEREAS,the Agency is required by HUD to be responsible for the Environmental
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
offer of the Subrecipient upon the terms and conditions hereinafter set forth.
NOW,THEREFORE,the Agency and the Subrecipient do mutually agree as follows:
(1) DEPTNTTION OF TERMS. Terms used herein shall be defined as appears at 24
CFR 922 and Rule 9I-40.020,Fla.Admin. Code.
(2) BUDGET AND SCOPE O7 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 Subrecipient shall
select individual participants for home ownership loan programs and shall act as the agent of Agency
in doing so. In selecting participants, Subrecipient shall abide by thc requirements of§ 420.5089
(5),Bail*, 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
inks.ownership loan programs by providing first time home ownership courses,credit counseling
stud mind services, and loan application processing assistance. Subrecipient shall further act as
dosing spot for the Agency,assuring that title insurance is obtained and that appropriate documents
have.been executed and recorded before making a disbursement of HOME funds. All loan
doh shall require that repayments of loan proceeds be made to the Agency.
(3) INCa&MRATION OF LAWS. RULES. REGULATIONS, Both the
Subrccipient and the Agency shall be governed by applicable State and Federal laws, rules and
regulations.
(4) PEBIOIZOFAGREEMENT. This Agreement shall begin upon execution by both
parties and shall end 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 CONTRACT. 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 thc parties hereto, and attached to the original of
this Agreement.
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(6) Efic9RDKFEPING.
(a) Subrecipient shall maintain records sufficient to meet the requirements of 24 CFR
92.508(a)(2),(aX3),(a)(5),and(aX6). 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-40.130,Fla.Admire Sode.
(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 shnll 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 S1,000 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.
(e) All records,including supporting documentation of all program 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" shalt 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.
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• (7) REPORTS.
(a) At a minimum,the Subrecipient shallprovide the Agency with quarterly reports
and a close-out report. Each quarterly report shall include the status of the project and each
homeowner/buyer served. The quarterly report shall 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 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 arc 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.
(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 arc completed or may take such other action as set forth in paragraph 9 hereof.
The Agency may terminate the Agreement with a Subrecipient if reports are not received within 10
days atter written notice by the Agency. "Acceptable to the Agency" means that the work product
was completed in accordance with generally accepted accounting 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.
(_) 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(e), 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 a
nd
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 subrecipient who is a state agency or subdivision, as defined in
Section 768.28 fie. 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
,,oereign 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
parties in any matter arising out of any contract. The subrecipient agrees that it is an independent
contractor of the Department and not an agent or employee.
(10) DEF A ULIt 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 these
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
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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 corrected, advising the Subr cipient 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
per, and refusal by the Subrecipient to permit public access to any document,paper,letter, or
other material subject to disclosure under Chapter 119,E,SSM., as amended.
(d) Suspension or tuminati.on constitutes final agency action under Chapter 120,El
3.1g•,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.
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(11)
(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
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(c) The Representative of the Subrecipient responsible for the won of this
Agreement Ls:
Roger Braun,Director
Special.Programs Office
1403 12th Street
Key West,FL 33040-4075
(d) In the event that different i�sx'e�cntatives are designated by either pasty after
exec ion of this Agreement,notice of the name,title and address of the new representative will be
rendered as provided in 11 (a)above.
(12) OTHELPRQIISKINS,
(a) The validity of this Agreement is subject to the truth and accuracy of all the
formation 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 arc incorporated by reference. The lack of accuracy t re�f or to the
any
material changes shall, at the option of the Agency and with thirty (30)days
written 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,�f
venue for any actions arising out of this Agreement shall lie in.Leon County. If any prow
is in conflict with any applicable statute or rule,�olr'��i�unenforceable,�d�mod severable, t shall
shallvision
be null and void to the extent of
not invalidate any other provision of this Agreement.
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(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)
(a) The Subrecipient agrees to maintain financial procedures and support documents,
in accordance with generally accepted accounting principles consistently applied,to account for the
receipt and expend
iture of funds under this Agreement except for support documentation required
for HAL funded HOME loans required by the Bond Program.
(b) These records shall be available at all reasonable times for inspection,review,
or audit by st Je 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 finds awarded
-alder 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 fivaasiul audit report
which meets the applicable requirements of Sections 11.45 and 216.349, Fla.$tad., 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
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loans.
1. The annual financial audit report shall include all management letters and
the Subrecipients response to all findings,including corrective actions to be taken.
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
subparagraphs 13(d) 1 and 2 above,shall be sent directly to:
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Department of Community Affairs
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Office of Audit Services
• 2740 Centerview Drive •
Tallahassee,Florida 32399-2100
(e) fn 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 finanrial records, supporting documents, I
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 repot 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. Stu. The IPA shall state that the audit complied with the applicable
provisions noted above.
(14) SU$CONTBACTS.
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(a) If the Subrccipient 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 inciude in the subcontract that the subcontractor shall
hold the Agency and Subrccipient 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(l 0)days after execution
(15) TERMS AND CONDTTIONS. 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 fully herein.
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(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 Subrecipicnt 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 (14Xb),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
but is acting as the State Agency designated to administer federal fiends 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 *hail 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.
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(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,
Flat, Stat.
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(1) Pursuant to Chapter 215.422, Fla. Stet,. the Agency shall issue payments to
vendors within 40 days after receipt of an acceptable invoice and receipt,inspection,and acceptance
of gocds 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 DISASTER RELIEF 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 attached to this agreement, and for no other
purpose. 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 91-40.060,Fla.Admin.Code.
With respect to eachassisted with HOME funds,
(b) Affordability. spe property
Subrecipient shall require compliance with the requirements of 24 C.F.R. § 92.254.
1 The Subrecipient agrees to repay all HOME funds governed by this Agreement if the
Suixeciplent or the project fails to comply or ceases to comply with affordability requirements as
set forth in 24 CFR 92254. The affordability requirements shall remain in effect for the term
required by 24 CFR 92.254. If Subrecipient lends HOME funds to anyone,the loan agreement,note,
and any age must require that the affordability requirements continue to be met throughout the
term of to loan and shall be binding upon heirs, successors, assigns, and transferees of the
Subrecipient as required by 24 C.F.R. § 92.254 for homeownership projects,and of Rules 9I-40.060
and 91-40.070,Fla.Admin. Code except for HAL funded HOME loans.
(c) Repayment. All loans made by Subrecipient on behalf of the Agency shall
be repaid directly to the Agency at 227 North.B.ronough Street, Suite 5000, Tallahassee, 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
pn,perty)or 92.254(for home ownership projects), Subrecipient shall assist the Agency in obtaining
repayment of the HOME funds 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
repayn►ents,if Subrecipient's good faith efforts fail to result in repayment.
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(d) Project Requirement. The project funded under this Agreement shall meet
all relevant requirements of 24 CFR 92.250 through 92.255dmcl Gods project must also mcct
the requirements of Rules 91-40.060 and 9I-40.070,Fla A
(e) Other Program Requirements. The Subrecipient agrees to comply with all
92.358, except that the
federal laws and regulations as described in 24 CFR 92.350
four92.358,environmentalcethat as
Subrecipient does not assume the State's or Agency's responsibility
contained in 24 CFR Section 92.352.
(f) Affirmative Marketing and Fair Housing. The Subrecipient agrees to adopt
affirmative marketing procedures and requirements,in writing,not later than 30 days from the date
onis executed. The affimmtire marketing procedures and requirements shall
in ludo, this need
not be limitedt ed in 24 CFR 92.351(b). The affirmative marketing
��_�zxod�� to,���fi Agreement and be attached hereto as
procedures and program shall become an exhibit this o�s�e as though fully set forthAttachment B and by this reference, becomes a partAgreement
herein at the time of execution.
(g) Religious Organizations. If the Subrecipient is or was created by areligious
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organization, it is hereby agreed that all HOME funds disbursed under this Agreement
bA
subject to the conditions,restrictions and limitations in 24 CFR 92.257.
(h) Non-Discrimination. The Subrecipient shall not discriminate against any
ands of race, color, national origin, age,sex, religion, family status,
person or family on the grounds handicap, nor against persons or families on the basis of their having minor children. The
Subeeelpian further agrees to meet the equal opportunity and fair housing requirements as contained
in 24 CFR 92.350 and Rule 91-40.140,Fla. Admin,Code.
(1) Enforce Rent 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.
ny 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
e or security interest,an action to recover unpaid principal, accrued
to,a foreclosure on any mortgage 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.
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(j) Disbursement Requests. All requests for 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 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.
(k) 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.
(20) UNTFOK ADVNISTRATIVEMOMEMENTS. 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,
85.20,85.22,85.26,8535, 85.36, 85.44, 85.51 and 85.52.
(21) REALLOCATION OF HOME FUNDS. If Subrecipient either fails to request
disbursement of any HOME funds for a period of six consecutive months, or fails to request
disbursement of the entire allocation of HOME Amds in this Agreement within two years of the date
• of this Agreement,the Agency may, at its option and upon twenty-one(21)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 120,Fla. Stat., and
notification of such reallocation shall include notice of Subrecipieut's rights to an administrative
hearing.
(22) LOBBYING PROPIBroN. 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 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
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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 S 10,000
and not more than S 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
Averment 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 SaIRECEPIENT. 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:
•
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1 '
(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
(ii) is authorized and consents on behalf of Subrecipient and herself or
himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of her or his
responsibilities as such an official.
(c) It will comply with Title Vlll of the Civil Rights Act of 1968 (Pub. L. 90-284),
as amended, administering all pr 5grams 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;
(c) 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 tics pursuant to sections
112313 and 112.3135,Fla. Stag a d 24 CFR 570.611.
• (1) It will comply with the Anti-kickback(Copeland)Act of 1934, 18 U.S.C. § 874
sod 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
emPlares-
(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 F.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.
15
G)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
Prea►ervation 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 arc subject
to adverse effects(sec 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 Property Standards pursuant to 24 CFR Section 92.251;
•
(1) It will abide by the provisions of section 116.111, F]A, Stat., pertaining to
nepotism in its performance under this agreement.
(m) It will include the provisions outlined in Sections 287.055 and 287.058. Fla..
,,when negotiating contracts for services.
(n) It has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable '>tate and
federal laws 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 accordance 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 INTENTIONALLY LEFT BLANK.
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1
IN WITNESS WHEREOF,the parties hereto have caused this contract to be executed this
day of , 199_by their undersigned officials as duly authorized.
SPECIAL PROGRAMS OFFICE FLORIDA HOUSING FINANCE AGENCY
KEY WEST/MONROE COUNTY
BY: BY:
Shirley Freeernan Printed Name:
Mayor/Chairwoman Title:
Date. April 18, 1995 Date:
Federal Tax I.D.Number.
59-6000749
iffszaWILDaselas
(SEAL) •
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
APPROVED AS TO FORM
AND 1 SUFFICiTNCY.
Attomey's Office
17