AGREEMENT-OPERATE A RENTAL REHABILITATION PROGRAM
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AGREEMENT
THIS AGREEMENT is entered into this 1st day of October, 2000, by and between the City of
Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue,
Clearwater, Florida, hereinafter referred to as the "City", and the COMMUNITY SERVICES FOUNDATION,
hereinafter referred to as the "Provider".
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development for the purpose of conducting a Housing and Community Development Program (HVD) with
federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended,
hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban
Development for the purpose of conducting the HOME Investment Partnership Program (HOME) with federal
assistance under Title II (42 V.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act
of 1990, as amended; and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
conducting the State Housing Incentive Plan Program (SHIP) with State of Florida assistance under the William
E. Sadowski Housing Act (Florida Statute 420, Rule 91-37) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Consolidated Plan of Objectives and Projected Use of
Funds, which was adopted by the City of Clearwater July 20, 2000, the necessity for providing housing
opportunities for low to moderate income families; and
WHEREAS, the City desires to engage the Provider to render certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
The Provider agrees to operate a rental rehabilitation program, in accordance with the projected
accomplishments attached and made a fully binding part ofthis Agreement, as Appendix 1, as follows:
Funding for this activity will be derived from the City's HOME Program. The funds will be used to rehabilitate
four deteriorated rental units and create affordable rental opportunities for low to moderate-income families.
SECTION II:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
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A. The Program shall serve eligible low and moderate-income persons living primarily in Clearwater.
B. The Provider shall maintain in its file the documentation on which basis it determines that the project
benefits low and moderate-income persons, minorities and residents of Clearwater. Such records shall
include, but not be limited to profiles identifying financial classification, head of household, ethnicity,
race and gender, or area benefit data, as required.
The Provider shall verify the initial annual income of the tenants who rent the units by using source
documentation such as wage statements, interest statements, and unemployment compensation
statements. Third party verifications shall be the primary applicable form of verification of initial
income. Income determinations are defmed in Section 92.203 of the HOME Program under title II of the
Cranston-Gonzalez National Affordable Housing Act, as amended.
The Provider shall provide annual re-examinations of rents using third party verifications.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to
the following:
1 Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to complaints.
D. The Provider shall comply with the following attachments to the Office of Management and Budget
(OMB) Circular No. A-llO, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by
reference into this Agreement.
1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance.
2. Attachment E, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions in paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which
the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2.
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6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the
standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in
which personal property is sold, the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards".
E. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-
122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement.
F. In addition to OMB Circular A-122 requirements, HOME program recipients will also adhere to the
following requirements established under 24 CFR 84 that includes Sections 84.2, 84.5, 84.13, 84.16,
84.21, 84.22, 84.26, 84.28, 84.30, 84.31, 84.34, 84.37, 84.40, 84.48, 84.51, 84.60, 84.62, 84.72 and
84.73.
F. The Provider shall abide by those proVISIOns of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior to approval and release of funds
from the U.S. Department of Housing and Urban Development and/or the State of Florida. Further, it
is expressly understood that in the event no funds are released from the U. S. Department of Housing
and Urban Development and/or the State of Florida in connection with this Program, then the City is not
liable for any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits
of the program on the ground of race, color, national origin or sex.
I. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affirmative action in attempting to employ low income persons residing in the
City of Clearwater, particularly minority group members.
The Provider agrees to comply with the rules and conditions of the City.s Affirmative Marketing Plan in
activities funded through the HOME program. The affirmative marketing plan identifies outreach efforts
to encourage participation by Minority and Women Business Enterprises.
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The Provider shall comply with the provisions of 24 CFR 570.50'+ (c). "Program Income", gross
income directly generated from the use of CDBG funds and Section 92.503 of the HOME Program for
income generated by the use of HOME funds. Program Income generated through the CDBG, HOME
and SHIP funds are to be returned to the City of Clearwater on a monthly basis with source
documentation to identify loans that generated the income. Funds generated through the HOME program
will be placed in the City's HOME Investment Trust Fund.
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HOME funds made available to the Provider for rental rehabilitation shall be repaid to the City on a
monthly basis. The amount of repayment will vary per project and shall be based on an amount as
determined by the City and the Provider.
K. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of
Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if applicable.
L. The Provider shall comply with the HOME program project requirements stated in Section 92.305-
92.357, as follows:
The maximum amount of HOME funds that will be provided on a per unit basis shall not exceed the
per-unit dollar limits established under Section (d) (3)(ii) of the National Housing Act. The Provider
shall perform a layering review to determine the amount of HOME funds needed for the project.
Prior to commitment of any HOME Funds, the subrecipient must provide the City with an evaluation
to ensure that the funds provided are necessary to provide affordable housing.
Housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes,
rehabilitation standards, local quality standards, ordinances, and zoning ordinances at the time of
completion. All construction related HOME projects shall meet those applicable codes under the
Standard (Southern) Building Code (SBCCI). All newly constructed HOME assisted units must meet
the Model Energy Code.
The City shall inspect each unit assisted with HOME funds upon completion of the project and once
every three years thereafter, until the end of the affordability period. The on-site inspection shall
review the tenant characteristics, rents and other occupancy requirements, property standards, lease
requirements and other HOME rental requirements.
Housing assisted with CDBG and HOME funds are subject to the Lead Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 et. Seq.) and 24 efR part 35. The subrecipient is responsible for
testing and abatement.
All properties purchased and rehabilitated by the subrecipient with CDBG, HOME and SHIP funds
must be inspected by the City and meet all applicable local and national codes prior to sale to a
qualified home buyer.
In properties involving affordable housing for homeownership in acquisition with or without
rehabilitation, the housing units shall be single-family housing with 1-4 family residence. The
acquisition of newly constructed housing or standard HOME assisted units must not exceed 95 % of
the median purchase price as described in Section 221 (d)(3) of the National Housing Act.
1. In the case of acquisition with rehabilitation, the housing estimated value after rehabilitation
must not exceed 95% of the median purchase price as stated ahove.
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2. In the case of homebuyer assistance or for rehabilitation of owner-occupied single-family
properties, the limits for HOME assisted units shall be no more than the Single Family
Mortgage Limits under Section 203 (b) of the National Housing Act. The unit must also be the
principal residence of the qualified low-income family.
The HOME assisted units must remain affordable for the following period:
1. For five years when under $15,000 are provided for homeownership assistance per unit.
2. For ten years when between $15,000 and $40,000 are provided for homeownership assistance
per unit.
3. For fifteen years when over $40,000 is provided for homeownership assistance per unit.
All HOME funds provided to the subrecipient or qualified homeowner/homebuyer shall be recaptured
if the homeowner/homebuyer does not continue to live in the HOME assisted unit, less any amount
previously paid to the City under the terms of the mortgage and note to the homeowner/homebuyer.
Any proceeds from the sale shall go to the owner.
In cases where rehabilitation is the only HOME funded activity, the subrecipient can only provide
funding for housing that is currently owned by a qualified family if the following takes place:
4. The estimated value of the property, after rehabilitation, does not exceed 95 percent of the
median purchase price.
5. The housing unit is the principal residence of the qualified family.
M. The Provider shall comply with the rent and occupancy requirements of the HOME Program as stated in
Section 92.252-3 of the HOME Program final rule. The maximum HOME rent limits are the lesser of:
High HOME Rents
1. The Section 8 fair market rent for existing housing for comparable units in the area.
2. A rent that does not exceed 30 percent of the adjusted income of a family whose annual income
equals 65 % of the median income of the area.
Low HOME Rents
1. Thirty percent of the tenant's monthly-adjusted income.
2. Thirty percent of the annual income of a family whose income equals 50 percent of median
mcome.
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3. The provider shall determine whether the rents are considered High HOME Rents or Low
HOME Rents.
The Provider shall include the rent and occupancy requirements in a deed restrictions with each project
assisted with HOME funds.
The Provider shall be responsible for establishing the monthly allowances for utilities and services. The
City shall bear the responsibility to review and approve all allowances prior to project approval and
annually.
All leases between the Provider and the tenant(s) must be for one year, unless by mutual agreement
between both parties. The lease shall not include the following provisions: (1) agreement to sued, (2)
treatment of property, (3) excusing owner from responsibility, (4) waiver of notice, (5) waiver of legal
proceedings, (6) waiver of jury trial, (7) waiver of right to appeal court decision, and (8) tenant
chargeable with cost of legal actions regardless of outcome.
The Provider shall formulate and implement a tenant selection policy In accordance with HOME
program rules at Section 92.352 (d).
N. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on the.basis of religion
and will not limit employment or give preference in employment to persons on the basis of
religion.
2. It will not discriminate against any person applying for public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any religious facility which is owned by the Provider and in which the public services are to be
provided. However, minor repairs may made if such repairs are directly related to the public
services; are located in a structure used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the public services.
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HOME program funds may not be provided to primarily religious organizations, such as
churches, for any activity including secular activities. In addition, HOME funds may not be used
to rehabilitate or construct housing owned by primarily religious organizations or to assist
primarily religious organizations in acquiring housing.
O. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME and/or
SHIP funds on hand at the time of expiration and any accounts receivable attributable to the use of
CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply to any real
property under the Provider's control that was acquired or improved in whole or in part with CDBG
funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDBG Regulations, Part 570.208 until five years or such longer period of time
as determined appropriate by the City after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditures on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
P. The Provider agrees that when sponsoring a project fInanced in whole or in part under this Agreement,
all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of
the project, research reports, and similar public notices prepared and released by the Provider shall
include the statement:
FUNDED BY THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT
PARTNERSHIP PROGRAM, AND STATE HOUSING INCENTIVE PROGRAM
In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS, AND
STATE HOUSING INCENTIVE PROGRAM FUNDS ADMINISTERED BY THE PLANNING
AND DEVELOPMENT SERVICES DEPARTMENT" shall appear in the same size letters or type as
the name of the Provider.
Q. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identifIed.
2. The "Scope of Services" shall describe the activities to be performed.
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R. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect all revenues and expenditures of
funds provided directly or indirectly by this Agreement, including matching funds and program
income.
2. Time sheets for split-funded employees who work on more than one activity, in order to record
the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG related
charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding
have been received, have been met. These also include special requirements such as necessary
and appropriate determinations, income certifications, and written agreements with beneficiaries,
where applicable.
S. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be informed in
writing after closeout of this Agreement, of the address where the records are to be kept.
SECTION III:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U. S. Department of
Housing and Urban Development and/or the State of Florida and being duly executed by both parties,
whichever is later.
This project shall become operational as of October 1, 2000, and shall continue through September 30, 2001.
SECTION IV:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of such
intent to terminate at least thirty (30) days prior to the effective date of such termination.
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B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon
the termination conditions. A written notification shall be required and shall include the following:
reason for the termination, the effective date, and in the case of a partial termination, the actual portion
to be terminated. However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may
terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b. Submitting reports to the City that are late, incorrect or incomplete In any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste. as determined by the City's
monitoring of the subrecipient, and applicable HUD rules and regulations.
2. The City sh"U notify the Provider in writing when the Provider has been placed in default. Such
notification shall include actions taken by the City. such as withholding of payments, actions to
be taken by the Provider as a condition precedeI1t to clearing the deficiency and a reasonable date
for compliance, which shall be no more than fifteen (15) days from notification date.
3. The City shall notify the Provider in writing when sufficient cause is found for termination of
this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in
writing, appealing the termination prior to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of
the U.S. Department of Housing and Urban Development and/or the State of Florida, this Agreement
will terminate effective as of the time that it is determined such funds arc no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are
not allowable unless the City expressly authorizes them in the notice of suspension or termination or
subsequently. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
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1. The costs result from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended or expired normally at the end of
the Agreement in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additional amounts are due the Provider.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been
reduced in writing and duly signed by both parties. Any changes which do not substantially change the scope of
the project and/or the Project Implementation Schedule or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless
and until the City officially, in writing, approves such expenditure by executing a written modification to the
original Agreement.
SECTION VI:
METHOD OF P A Yl\IENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures
incurred shall be reserved in the City's HOME Program. Therc shall be no program income generated through
these programs by the Provider. HOME funds made available through this agreemcnt are provided to the City
of Clearwater by the U. S. Department of Housing and Urban Development.
Funding in the amount of FIFTY THOUSAND DOLLARS (S50,000) will he made available to the Provider
to rehabilitate rental housing units. The Provider may access these funds after the City's Housing Division
has approved their project(s). Prior to approval, the Provider must forward to the City a project analysis on
each activity they are requesting funds. Once approved by the City, a project reserve will be prepared for the
Provider to use on all eligible project costs.
The agency shall certify that program participants meet all applicable program requirements and all homes
rehabilitated or constructed must meet all applicable building and local codes. Funds requested by the agency
must be for actual costs and each request for reimbursement shall include source material for all referenced
requests .
The Provider must present the City with a formal pay request once the project reaches the payment standards
identified in the project description. Allowable payments shall be made for rehabilitation of rental property.
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The funds must be expended in accordance with the terms and conditions of the Agreement. Any remaining
balance of funds shall revert to the City or other approved provider(s). Such compensation shall be paid in
accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof
as Appendix. 1.
A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will
provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline data for inclusion on the drawdown request.
B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a
part hereof as Appendix 1. Line item transfers are allowable only within each component and may not
exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the
City. All changes amounting to more than fifteen percent (15 %) require prior written approval.
SECTION VII:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Community Development Block Grant Program, HOME Investment
Partnership Program and State Housing Incentive Program funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge
of such possible conflict. The City will then render an opinion that shall be binding on both parties.
SECTION VIII:
INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of
action that may arise out of the Agreement. The Provider shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend or pay to defend all suits brought against the City, when
requested, and shall pay all costs and judgments which may be issued thereon.
Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved
in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
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All liability insurance coverage shall be approved by the City's Risk Management Office prior to the release of
any funds under this Agreement. Generally, the amount of coverage necessary would be at a minimum of
$300,000.
Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within
thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City I s option
and any payments then due may be permanently withheld by the City and the City will have no further
obligation under this contract or any subrecipient contract.
SECTION IX:
REPORTING AND EVALUATION REOillREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to produce an impact
in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for
maintaining project progress against a previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also
assures prompt and efficient submission of the following:
A. Monthlv Reports are due no later than the tenth (10th) day of the succeeding month and shall include
the request for payment when applicable. Contents of the Monthly Report, attached hereto and made a
part hereof as Appendix 3, shall include but not necessarily be limited to the following:
1. The Narrative Report Form
2. The Financial Summary Form, which shall include the request for payment and documentation,
as applicable.
3. The Client Profile Form
B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the
Statutory National Objective and the eligibility requirements were met, must be submitted by the
Provider to the City I s Housing Division for review and approval. The contents of same shall include a
cumulative total of the data submitted during the program I s operation. Further, such report shall include
statistical fmdings which depict program efficiency; i.e., the number of dollars spent, including non-
CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the
program's effectiveness, and quantitative results. The final report will be evaluated and the Provider
will be notified if additional data is necessary or that the project/activity is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program changes, need for
additional information or documentation and/or legislation amendments. The Provider shall be informed, in
writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may
be considered by the City as sufficient cause to suspend CDBG, HOME, and SHIP payments to the Provider.
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The subrecipient must maintain and submit reports to the City to document that the funded activity meets
program requirements of the HOME Program. The project reports shall include the following:
1. Description of each project: including location (map), form of assistance, number and
identification of units
2. Source and application of funds
3. Compliance with maximum per unit subsidy limits and subsidy layering guidelines.
4. Compliance with property standards and lead-based paint requirements.
5. Compliance with income-eligibility.
6. Affirmative marketing and Minority and Women Enterprises reports
7. Monthly activity reports
The Provider shall maintain the following records:
1. A full description of each project assisted with HOME funds, including the location, form of
HOME assistance, and the units or tenants assisted with HOME funds.
2. The source and application of funds for each project, including supporting documentation in
accordance with 24 CFR 85.20.
3. Records demonstrating that each rental housing project meets the minimum per-unit subsidy
amount of Section 92.250 (a) and the subsidy layering guidelines adopted in accordance with
Section 92.250.
4. Records demonstrating that each project meets the property standards of Section 92.251 and
the lead based paint requirements of Section 92.355.
5. Records demonstrating that each family is income eligible in accordance with Section 92.203.
6. Records demonstrating that each rental housing project meets the affordability and income
targeting requirements of Section 92.252 for the required period. Records must be kept on
each family assisted.
All records pertaining to each fiscal year of HOME funds must be retained for the most recent five-year
period, except as provided below:
1. For homeownership housing projects, records must be retained for five years after the project
completion date, except for documents imposing recapture/resale restrictions that must be
retained for five years after the affordability period terminates.
2. Subrecipient agreements must be retained for five years after the agreement terminates.
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3. Records covering displacements and acquisition must be retained for five years after the date
by which all persons displaced from the property and all persons whose property is acquired
for the project have received the final payment to which they are entitled.
4. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been
started before the expiration of the required record retention period records must be retained
until completion of the action and resolution of all issues which arise from it, or until the end
of the required period, whichever is less.
SECTION X:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives may
deem necessary, there shall be made available to representatives of the City and/or the Federal Government an
opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year.
The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB Circular A-B3 or
OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the
City reserves the right to recover any disallowed costs identified in an audit after such closeout.
SECTION XI: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to program
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION XII:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be
used for compensation originated from grants of federal Community Development Block Grant Funds, HOME
Investment Partnership Program Funds and State Housing Incentive Partnership Funds, and must be
implemented in full compliance with all of HUD's and the State of Florida rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will not be available
and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are
no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the performance of this Agreement and
all of the parties hereto shall be released from further liability each to the other under the terms of this
Agreement.
Page 14 of 15
'. ..
i
I
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first above indicated.
COMMUNITY
SERVICES
FOUNDATION
By ~". tf0z:U
Pres~
/11...-j g"_DD
Date
ATTEST:
~~
Secretary
/c?- /c?-c:MOd
Date
Countersigned:
CITY OF CLEARWATER, FLORIDA
t.u.lt-~
Brian Aungst
Mayor-Commissioner
By I)JJ.J'_~ 1I
William B. Horne. 11
Interim City Manager
Approved as to form:
Date
ATTEST:
~/~~
j ~ynthia Goudeau
~- City Clerk
~]~C:!ftk~
City Attorney
~l'~ ;)000
Date
Page 15 of 15