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PINELLAS COUNTY COMMUNITY DEVELOPMENT SPECIFIC PERFORMANCE AGREEMENT (2)PINELLAS COUNTY COMMUNITY DEVELOPMENT SPECIFIC PERFORMANCE AGREEMENT THIS AGREEMENT, (Agreement) made and entered into this / % day of , 2013 by and between Pinellas County, having its principal office at 315 Court Street, Clearwater, FL 33756, a political subdivision of the State of Florida (County) and the City of Clearwater, having its principal office at 112 South Osceola Avenue, Clearwater, FL 33756, a political subdivision of the State of Florida (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 the City 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, the County and the City executed a Specific Performance Agreement on July 13, 2010 for the implementation of NSP2 activities within the City's jurisdiction, and WHEREAS, the City successfully administered NSP2 eligible activities including acquisition, rehabilitation and demolition of abandoned and foreclosed properties; and WHEREAS, it is beneficial to the County and the City to continue its partnership administering the NSP2 Program; and 1 of 7 WHEREAS, it is necessary for the County and the City to enter into a new Agreement for the continuation of the NSP2 Program within the City of Clearwater and for the reimbursement of eligible expenditures; and 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 1 Activities The focus of the City's efforts under this Agreement will be administration of the NSP2 program and implementation of NSP2 activities within the City's jurisdiction that received NSP2 funding over the past year. 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. 2. Staffing The City shall assign the following as Key Personnel to the NSP2 Program: Geraldine Campos Lopez, 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. 3. 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 NSP2 guidelines or as established in the NSP2 application. 4. Budget The following is the budget to be expended by the City. Unless otherwise noted, this budget may only be modified through a formal written amendment approved by the County. NSP2 Remaining Costs: Administration: $5,000.00 5. Method of Compensation and Schedule of Payment for Administrative Expenses Upon execution of this Agreement, the City may, request reimbursement on a monthly basis for expenses actually incurred. i. 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. ii. The scope of services outlined above shall not be altered without written approval of the County. 2 of 7 B. FUNDING 1. 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. 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. 3. In the event that the City fails to expend its initial allocation within the time periods set forth in this contract, the unutilized allocation to the City will revert to the County. 4. 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 1 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 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. 3 of 7 5. 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, Chapter 494. The City shall document compliance with this requirement in the records for each homebuyer receiving NSP2 assistance. 6. 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. 7. 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. 8. 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. 9. Should any section or any part of any section of this Agreement be rendered void, invallid 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. 10. 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: Organization: Name: Title: Address: Telephone: Fax: E -mail: Subrecipient: Organization: Name: Title: Address: Telephone: Pinellas County Board of County Commissioners Pinellas County Community Development Anthony M. Jones Director 600 Cleveland Street, Suite 800, Clearwater, Florida, 33755 727.464.8210 727.464.8254 ajonestaDinellascounty.orq City of Clearwater Economic Development and Housing Department Geraldine Campos Lopez Director 112 S. Osceola Avenue, Clearwater, Florida, 33756 727.562.44.0.31— 4t0,3 6 of 7 D. TERM OF AGREEMENT 1 The term of performance under this Agreement for the services described in Section A above shall be completed by September 30, 2013 and may include Administration Reimbursement requests for costs incurred since September 1, 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. 3. 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 shall be those that are not contractually committed for construction, design or other such third party. 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 1. 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 1. 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 1. 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. 4 of 7 i. 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. ii. 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); 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); 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 1. 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. 2. 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. 3. 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. 85.3. 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. 4. 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. 5 of 7 Fax: 727.562.4037 E -mail: geraldine .lopez @myclearwater.com 11. The laws of the State of Florida shall govern this contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Countersigned: cteoNt ncrtkttoi George N. Cretekos, Mayor Approved as to form: 1.../ Assi ant City Attom �,e -frolvy STATE OF FLORIDA ) COUNTY OF PINELLAS ) CITY OF CLEARWATER, FLORIDA By: W 8. Attest: William B. Home II, City M 'CL Rosemarie Call, City The foregoing instrument was acknowledged before me this day of 4 , 2013, by GEORGE N. CRETEKOS, Mayor of the City of Clearwater, who is personally known to me. d Print/Type Name: v —[mod Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) ,,.,,.S#, KAREN a.'d l MY cl8si©N 9 PO 918110 V EXPIRES' Qg&iR40,r 110 X19 t1,0 Bonded Bonded Thar Nary u�M T - • egoing instrument was acknowledged before me this( ' day of WILLI ORNE 11,) i Manager of the City of Clearwater, who is personally kn // Print/Type Na' _ F i, Van Notary Publi• WITNESS: *Note: Two witnesses are required* Witness #1 Signature 7e416. -- Print or - Name Wit ess #1 Sig re tet- Print or Type Name :iM:: PATRICIA SULLIVAN : *= Commission # DD 993869 =�. Pj Expires July 10, 2014 Bonded Thru Troy Fain Inewanca 800-385-7019 PINELLAS COUNTY, FLORIDA By and through its County Administrator By: , 2013, by . LaSala, ' ounty Administrator APPROVED AS TO FORM OFFIt E OF CO Ai r' . TT9i By: 7 of 7 RN Jason C. Ester, Assistant County Attomey