PINELLAS COUNTY COMMUNITY DEVELOPMENT SPECIFIC PERFORMANCE AGREEMENTPINELLAS COUNTY COMMUNITY DEVELOPMENT
SPECIFIC PERFORMANCE AGREEMENT
THIS AGREEMENT, entered this (2- day ofaJ44 2010 by and between Pinellas (herein
called the "County") and City of Clearwater (herein called the "City").
WITNESSETH:
WHEREAS, the American Reinvestment and Recovery Act of 2009 (ARRA) includes an
allocation of funds for additional activities under Division B, Title III of the Housing and Economic
Recovery Act of 2008 (HERA). The additional funds are referred to as the Neighborhood Stabilization
Program 2 (NSP2)_
WHEREAS, the purpose of NSP2 is to assist in the redevelopment and rehabilitation of
abandoned and foreclosed properties. NSP2 is a component of the federal Community Development
Block Grant Program under Title I of the Housing and Community Development Act of 1972, as
amended (CDBG).
WHEREAS, implementation of the NSP2 Program is governed by all the applicable laws and
regulation governing the use of NSP2 funds, as set forth in ARRA, the Notice of Funding Availability,
CDBG, and the Grant Application (collectively, the NSP2 Requirements);
WHEREAS, Neighborhood Lending Partners of West Florida, Inc. (NLP), Pasco County,
Pinellas County and the Housing Finance Authority of Pinellas County (HFA) are members of a
consortium (Consortium) pursuant to the Florida Suncoast Housing Partners Neighborhood
Stabilization Program Agreement dated July, 2009;
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) awarded
Neighborhood Lending Partners of West Florida, Inc. (NLP), a Florida not-for-profit corporation in its
capacity as Lead Applicant "Lead Applicant" with $50 Million of NSP2 funds to conduct a NSP2
program in Pinellas and Pasco Counties (County);
WHEREAS, the Pinellas County Community Development Department ("County") administers
the NSP2 program on behalf of Pinellas County; and
WHEREAS, Pinellas County has determined that undertaking NSP2 activities within the
corporate city limits of Clearwater meets the County's identified housing and community development
needs and that reasonable benefits will accrue to the residents of the Urban County Area; and
WHEREAS, City of Clearwater has determined that undertaking NSP2 activities meets the City's
identified housing and community development needs and that reasonable benefits will accrue to the
residents of the City by undertaking same; and
WHEREAS, it is beneficial to County to contract with City to assist in carrying out its local
programs; and
WHEREAS, the County has determined that the City is qualified to administer this activity; and
WHEREAS, it is necessary for the County and the City to enter into an Agreement for
implementation of this activity; and
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WHEREAS, the County agrees to accept and evaluate for funding applications for financing of
multifamily and planned community rental and homeowner projects within the City's jurisdiction in
order to access the Florida Suncoast Housing Partners' programs including Purchase and
Rehabilitation of Multi-Family & Single-Family Rental Properties, Purchase and Rehabilitation of
Single-Family Homeownership Residential Properties, Redevelopment of Demolished, Abandoned or
Vacant Properties, Demolition and Financing Mechanisms.
Now THEREFORE, in consideration of the mutual performance of the said promises and
covenants contained herein, the County and the City agree as follows:
A. SCOPE OF SERVICES
Activities
The focus of the City's efforts under this Agreement will be implementation of NSP2 activities
within the City's jurisdiction. The principal objective of the Agreement will be the acquisition,
rehabilitation, demolition and/or construction of 25 housing units.
The City will be responsible for administering the NSP2 Program in a manner satisfactory to
the County and consistent with any standards required by NLP as a condition of providing
these funds. Such program will include the following activities eligible under the NSP2
Program. The City will administer all tasks in connection with the aforesaid program in
compliance will all applicable Federal, State and local rules and regulation governing these
funds, and in a manner satisfactory to the County.
2. Program Delivery
Activity #1: Purchase and Rehabilitation of Multi-Family & Single-Family Rental Properties
Activity #2: Purchase and Rehabilitation of Single-Family Homeownership Residential
Properties
Activity #3: Redevelopment of Demolished, Abandoned or Vacant Properties
Activity #4: Demolition
Activity #5: Financing Mechanisms
3. Staffing
The City shall assign the following as Key Personnel to the NSP2 Program: James R.
Donnelly, Assistant Director, Economic Development and Housing Department. Any changes
in the Key Personnel assigned under this project are subject to the prior approval of the
County.
4. Project Schedule
Unless amended by mutual written agreement by the City and the County, the City will perform
the described NSP2 tasks in conformance with the schedule attached as Exhibit 1.
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5. Budget
The following is the budget to be administered by the City. Unless otherwise noted, this
budget may only be modified through a formal written amendment approved by the County.
NSP2 Eligible Project Costs $2,858,400
Administration (7%) $ 200,088
(Administration includes salaries, fringe benefits, supplies and materials, reproduction/printing,
travel, mileage reimbursement)
Total
$3,058,488
6. Method of Compensation and Schedule of Payment for Administrative Expenses
Upon execution of this Agreement, the City may, for the next consecutive six months (Months
.One through Six) request reimbursement on a monthly basis up to one twelfth of the budgeted
amount to cover expenses actually incurred. After Month 6, requests for reimbursement of the
budgeted funds for administration must be based on costs actually incurred, and proportional
to the percentage of the total authorized amount for project activities.
The City shall identify qualified properties within jurisdictional boundaries.
The City shall submit information and reports to the County quarterly by the 3rd day of
the succeeding month so that the County can submit reports timely to NSP: March 31,
June 30, September 30, and December 31.
The scope of services outlined above shall not be altered without written approval of
the County.
B, FUNDING
The City is authorized to use County NSP2 funds solely for the purpose of carrying out the
NSP2 Activities in a timely manner and in compliance with NSP2 Requirements. The City may
use County NSP2 funds solely for the benefit of individuals and families whose incomes do not
exceed 120 percent of area median income.
2. In accordance with NSP2 Requirements, at least twenty-five percent (25%) of the
Consortium's funds must be used for the benefit of Low-Income Households. The City may
satisfy this obligation in three potential ways. The obligation can be satisfied, in whole, by (1)
expending at least twenty-five percent (25%) of the funds allocated to the City to NSP2
Activities that benefit Low-Income Households; (2) in partnership with County by contributing a
portion of the twenty-five percent (25%) requirement; or, (3) the twenty-five percent (25%) set-
a-side may be satisfied, in whole, by another subrecipient or County or Housing Finance
Authority of Pinellas County or Florida Suncoast Housing Partners Consortium member
carrying out the activity that benefits Low-Income Households. The units benefitting Low-
Income Households may be physically located within the jurisdiction of City, such other
subrecipient, County or Florida Suncoast Housing Partner Consortium Member, with
concurrence of the County. Low income household" is defined as a household whose income
does not exceed fifty percent (50%) of the area median income, as determined by HUD.
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3. In accordance with NSP2 Requirements, not more than ten percent (10%) of the City's Funds
may be used for demolition activities under HERA unless NLP applies for and receives a
waiver from HUD.
4. For each NSP2 Activity, the City will ensure that the County's application forms, file stacking
sheet, checklists or a reasonable facsimile of same are utilized. County may inspect
documentation upon monitoring site visit. Invoices and supporting documentation should be
sent to. Community Development, 600 Cleveland Street, Suite 800, Clearwater, Florida 33755.
5. In the event that the City fails to expend its initial allocation within the time periods set forth in
Section 8.6., the unutilized allocation to the City will revert to the County.
6. NSP2 requirements mandate that NLP expend Consortium funds to projects within an
established time frame or such funds are subject to recapture by HUD. To satisfy these NSP2
Requirements, one-half of all Consortium Funds must be expended within two (2) years of the
HUD Award Date, and all NSP2 funds must be expended within three (3) years of the HUD
Award Date of February 11, 2010. To ensure that the Consortium Funds are not recaptured,
the City shall use its best efforts to:
a. Expend fifty percent (50%) of its total allocation within eighteen (18) months of
the HUD Award Date of February 11, 2010;
b. Obligate or expend seventy-five percent (75%) of its total allocation within
twenty-one (21) months of the HUD Award Date of February 11, 2010;
C. Obligate or expend one hundred percent (100%) of its total allocation within
twenty-seven (27) months of the HUD Award Date of February 11, 2010; and
d. In the event the City fails to expend its allocation as required by this Section,
then the funds that reflect the amount by which the City fell short of the desired
expenditure levels will be reallocated to the County.
7. The City shall submit supporting documentation with each request for payment in carrying out
the activities described in Section A.2. above. For multi-family projects, supporting
documentation shall consist of an Affordable Housing Development application and supporting
materials and documents. All requests must be approved by the County prior to payment. A
"Request for Reimbursement" form will be provided to City by the County.
8. The source of funding from the County for payment of activities performed under this
Agreement is a grant provided to the County by the U.S. Department of Housing and Urban
Development through the Florida Suncoast Housing Partners Consortium. The City agrees
that in the event that any grant reduced or withheld by the U.S. Department of Housing and
Urban Development or the Florida Suncoast Housing Partners Consortium, the County shall
not be liable for payment of contracted services remaining unfunded by said reduced or
withheld grant. In the event that the U.S. Department of Housing and Urban Development or
the Florida Suncoast Housing Partners determines that the City has not fulfilled its obligations
in accordance with the requirements applicable to the grant and/or requests reimbursement of
expenses paid under this Agreement from Florida Suncoast Housing Partners or County, the
City shall provide said reimbursement within fifteen (15) days of said notice from the County.
C. MONITORING
The County and the City agrees that Neighborhood Lending Partners of West Florida, Inc. has
the responsibility and right, at any time, with or without notice, to inspect projects, activities, or
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uses assisted by this Agreement. The City shall also fully cooperate and assist in this and any
other monitoring of the City and any City funds and property contained in this Agreement when
.requested by the County. The City shall furthermore provide access to the County, Florida
Suncoast Housing Partners, HUD, the Comptroller General of the United States, the
Government Accountability Office, and their duly authorized representatives, to any books,
documents, papers, and records which are directly pertinent to the execution of this
Agreement and activities for the purposes of making audit, examination, excerpts, and
transactions.
2. All records pertaining to this Agreement, including but not limited to financial, statistical,
property and programmatic records shall be retained for five (5) years from ending date of the
.County's fiscal year (October 1 through September 30) in which this Agreement is paid in full,
expired, or terminated. All records, however, that are subject to audit findings shall be
retained for five (5) years in the manner prescribed above or until such audit findings have
been resolved, whichever is later. Nothing herein shall be construed to allow destruction of
.records that may be required to be retained longer by the Statutes of the State of Florida.
3. The City shall at any time during normal business hours and as often as the County and/or
Neighborhood Lending Partners of West Florida, Inc. and/ or the Chief Financial Officer,
and/or the Auditor General and/or any of their duly authorized representatives may deem
necessary make available for examination all of City's records, books, documents, papers, and
data with respect to all matters covered by this Agreement and shall permit the County and/or
its designated authorized representative to audit and examine all books, documents, papers,
records and data related to this Agreement.
D. TERM OF AGREEMENT
1. The term of performance under this Agreement for the services described in Section A above
shall commence on June 17, 2010 and shall be completed by August 31, 2012.
2. County may suspend, withhold payments, or terminate this Agreement and all payment to the
City in, whole or in part for cause upon seven (7) calendar days notice in writing to the City.
Cause, which shall be determined by County, includes but is not limited to a) improper use of
Project funds, b) failure to comply with the terms and conditions of the Agreement, c) refusal to
accept conditions imposed by the State and/or HUD pertaining to activities covered by this
Agreement, d) submittal to County of documentation which is incorrect or incomplete in any
material respect, or e) changes in State and/or Federal law or the availability of grant funds, as
identified in Section B of this Agreement, which render the Project impossible or infeasible.
In the event of default, lack of compliance or failure to perform on the part of City, County
reserves the right to exercise corrective or remedial actions, to include, but not necessarily be
limited to requesting additional information from City to determine reasons for or extent of
noncompliance or lack of performance; issue a written warning advising City of deficiency and
advising City that more serious sanctions may be taken if situation is not remedied; advise City
to suspend, discontinue or not incur costs for activities in question; withhold payment for
services provided; or advise City to reimburse County for amount of costs incurred for any
items determined ineligible.
4_ In the event of a natural disaster, this Agreement may be suspended or terminated and funds
transferred to recovery activities as determined by the County. Funds subject to this provision
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shall be those that are not contractually committed for construction, design or other such third
party private City.
5. This Agreement may be terminated in whole or in part for convenience by either party upon
written notification to the other and with the written consent of the other. Termination for
convenience shall not apply to provisions in this Agreement that require compliance with laws,
regulations or ordinances, records retention or to the provision of service to low and moderate
income persons or other specified beneficiaries.
E. INDEMNIFICATION AND INSURANCE
The County and City agree to be fully responsible for their own acts of negligence, or their
respective agents' acts of negligence when acting within the scope of their employment, to the
extent. permitted by Section 768.28 Florida Statutes. Nothing herein is intended to serve as a
waiver. of sovereign immunity by either County or City. Nothing herein shall be construed as
consent by County or City to be sued by third parties in any manner arising out of this
Agreement.
F. REPORTING
The City shall furnish the County with all additional information, records, reports and data as
may be required by the U.S. Department of Housing and Urban Development or Florida
Suncoast Housing Partners or County pertaining to this Agreement.
G. FEDERAL SUBRECIPIENT REQUIREMENTS
The City hereby agrees to comply with all the requirements under ARRA and HERA, its
implementing regulations and other applicable federal laws and regulations. The following is a
partial list of statutory requirements that may be pertinent to activities carried out pursuant to
this Agreement.
In carrying out this Agreement, the City or any contractor shall not exclude from
participation in, deny benefits to, or otherwise discriminate against, any person
because of race, color, religion, sex, age, national origin, family status or handicap.
The City, as the applicable responsible entity (as such term is defined in 24 CFR 58.2)
within its jurisdiction, undertakes to conduct any environmental reviews, decision-
making and action for proposed NSP2 Activities located within its jurisdiction that is
required by the National Environmental Policy Act of 1969 and related federal
environmental authorities and regulations at 24 CFR part 58.
iii. Compliance with the following requirements:
a. Competitive Procurement;
b. Copeland Anti-Kickback Act (for construction or repair contracts);
C. National Flood Insurance Program (24 CFR 570.605);
d. Davis Bacon requirements and other Labor Standards (24 CFR 570.603);
e. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (for
construction contracts in excess of $2,000);
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f. Relocation, Real Property Acquisition and One-for-One Replacement (24 CFR
570.606);
g. Tenant Protection Act;
h. Lead-based Paint (24 CFR 570.608 and 24 CFR Part 35);
i. Section 306 of the Clean Air Act, Executive Order 11738 and Environmental
Protection Agency regulations (for contracts in excess of $100,000); and
j. Certain energy efficiency provisions issued in state Energy Conservation Plans
issued pursuant to the Energy Policy and Conservation Act (where the state
has jurisdiction).
H. OTHER REQUIREMENTS
Although it is anticipated that all activities will be structured so as to return all program income
generated to the County, any such income received by the City is to be returned to the County
within fifteen (15) days of receipt of such funds. Program income will be tracked by the County
and reserved for use by City for activities permitted under this contract. A maximum of three
and one half percent (3.5%) will be available for administrative expenses on program income.
The use of program income by the City shall comply with the requirements set forth at 24 CFR
570.504.
2. The City shall use best efforts to use the Consortium's Lender Leveraged Funds for NSP2
activities in its jurisdiction that are consistent with the NSP2 Requirements by the expiration
date of the Agreement. Leveraged Funds are defined as the funds that the County and the
Pinellas County Housing Finance Authority has committed to the Florida Suncoast Housing
Partners Consortium for NSP2 activities as well as lenders banks specified in the NSP2 Grant
Application.
3. The City shall not assign any interest in this Agreement or otherwise transfer interest in this
Agreement without submitting said proposed transfer interest to the County and without the
prior written approval of the County of the proposed interest transfer. All requirements of this
Agreement shall be applicable to any subcontracts entered into under this Agreement and it
shall be the City's responsibility to ensure that all requirements are included in said
subcontracts and all subcontractors abide by said requirements. The City may contract with
subrecipients and vendors as necessary to carry out activities defined in Section A.2.
4. The Buy American requirement prohibits use of recovery funds for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of
the iron, steel, and manufactured goods used in the project are produced in the United States.
HUD has defined the term "use" to mean obligation of funds as it appears in 24 C.F.R. 85.1
Thus, when a project for the construction, alteration, maintenance, or repair of a public building
or public work is assisted, in whole or in part, with NSP2 funds, the Buy American requirement
applies.
5. Unless a waiver has been obtained consistent with the NSP2 requirements, the City shall
require each NSP2-assisted homebuyer to receive and complete at least eight hours of
homebuyer counseling from a HUD-approved housing counseling agency before obtaining a
mortgage loan.
6. The City shall ensure that any NSP2-assisted homebuyer obtains a mortgage loan only from
an "eligible lender." For purposes of this Agreement, an "eligible lender" is a bank, savings
association or savings and loan association or a lender licensed under Florida Statutes,
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Chapter 494. The City shall document compliance with this requirement in the records for
each homebuyer receiving NSP2 assistance.
7. The City shall ensure that the sale, rental, or redevelopment of Abandoned and Foreclosed-
.Upon homes and residential properties finance under this Agreement remain affordable to
individuals or families whose incomes do not exceed the applicable income limits set by the
NSP2 Program. For multi-family developments, the County will require, through deed
restrictions or mortgages, that the assisted units meet the affordability requirements for not
less than forty years and a maximum of fifty years, beginning after project completion. For
homeownership projects, the affordability requirements must be met for a minimum of thirty
years through recapturing NSP2 funds for use for another NSP2 eligible project with an NSP2
eligible client if this Agreement is still in effect. If this Agreement is no longer in effect, City will
recapture NSP2 funds and submit to County within fifteen days of receipt of recaptured funds.
If NSP2 funds assist a property that was previously assisted with HOME funds, but on which
the affordability restrictions were terminated through foreclosure or transfer in lieu of
foreclosure, the City shall require the recipient to revive the HOME affordability restrictions for
the greater of the remaining period of HOME affordability or the continuing affordability
requirements of NSP2.
8. No forbearance on the part of either party shall constitute a waiver of any item requiring
performance by the other party hereunder. A waiver by one party of the other party's
performance shall not constitute a waiver of any subsequent performance required by such
other party. No waiver shall be valid unless it is in writing and signed by authorized
representatives of both parties.
9. The City shall insure recognition of the role of the County in providing funding through this
Agreement. In addition, the City will include a reference to the support provided herein in all
publications made possible with funds made available under this Agreement, including news
releases or other types of publicity.
10. Should any section or any part of any section of this Agreement be rendered void, invalid or
unenforceable by any court of law, for any reason, such a determination shall not render void,
invalid, or unenforceable any other section or any part of any section in this Agreement.
11. The County and the City identify the following individuals as their primary contacts regarding
this Agreement. Either party may, from time to time, appoint another person as their contact;
and when doing so, they shall notify the other party in writing:
Recipient: Pinellas County Board of County Commissioners
Organization: Pinellas County Community Development
Name: Anthony M. Jones
Title: Director
Address: 600 Cleveland Street, Suite 800, Clearwater, Florida, 33755
Telephone: 727.464.8210
Fax: . 727.464.8254
E-mail: amones inellascount .or
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Subrecipient: City of Clearwater
Organization: Economic Development and Housing Department
Name: James R. Donnelly
Title: Assistant Director
Address: 112 S. Osceola Avenue, Clearwater, Florida, 33756
Telephone: 727.562.4031
Fax: 727.562.4037
E-mail: Jim. Donnelly@myclearwater.com
12. The laws of the State of Florida shall govern this contract.
Countersigned: CITY OF LEARWATER, FLORIDA
/ By:
Frank V. Hibbard William B. Horne II
Mayor City Manager
p roved as to form:
Assistant City Attor
STATE OF FLORIDA
COUNTY OF PINELLAS
Cynthia E. Goudeau
City Clerk
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The foregoing instrument was acknowledged before me this ,Ze3 day of
20 16, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally kn o me.
Print/Type Name: I
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Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
DIANE E MANNI
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'= MY COMMISSION # DD952018
EXPIRES March 06, 2014
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The foregoing instrument was acknowledged before me this day of
20_C, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to
me.
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ATTEST:
KEN BURKE, CLERK
Dep Clerk Signature
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PINELLAS COUNTY, FLORIDA
a political subdivision, by and through its
Board of County Commissioners
Karen Williams Seel, Chair
APPROVED AS TO FORM
OFFICE OF COUNTY ATTORNEY
By:
son C. Ester
sistant County Attorney
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Exhibit 1
Schedule
February 11, 2010 HUD Award Date to Florida Suncoast Housing Partners
June 17, 2010 Execution of Agreement
October 3, 2010 Quarterly report information due to County
January 3, 2011 Quarterly report information due to County
April 3, 2011 Quarterly report information due to County
August 11, 2011 Fifty percent (50%) of City's allocation is expended (18 months from HUD
Award Date)
October 3, 2011 Quarterly report information due to County
November 14, 2011 Seventy five percent (75%) of City's allocation is expended (21 months from
HUD Award Date)
January 3, 2012 Quarterly report information due to County
April 3, 2012 Quarterly report information due to County
May 11, 2012 One hundred percent (100%) of City's allocation is expended (27 months from
HUD Award Date)
June 3, 2012 Quarterly report information due to County
August 31, 2012 Final report information due to County
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