HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-224Temporary Resolution #10844 -- November 21, 2005
Revision No. 1 — December 2, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-9,A1 I
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO APPROVE
THE MEMORANDUM OF UNDERSTANDING ("MOU")
BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC FOR THE ADMINISTRATION OF THE
HOME FUNDING PROGRAM FOR FY2004/2005 IN
THE ESTIMATED AMOUNT OF ONE HUNDRED
FORTY SIX THOUSAND TWO HUNDRED AND
SEVENTEEN DOLLARS ($146,217.00) TO ASSIST
UP TO SEVEN (7) RECIPIENTS WITH HOUSING
REHABILITATION (CASE NO.16-MI-05); PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the National Affordable Housing Act of 1990 authorized the U.S.
Department of Housing and Urban Development ("HUD") to provide financial assistance to
local governments to undertake or to assist in undertaking housing assistance activities in
accordance with the HOME Investment Partnerships Program ("HOME Program"); and
WHEREAS, Resolution No. 2002-159 (attached hereto as Exhibit " 1 ") authorized an
agreement between the City of Tamarac and Broward County in order for the City to
participate as a member of the Broward County HOME Consortium entered into on June
25, 2002 and in exchange, will receive an estimated One Hundred Fifteen Thousand Two
Hundred dollars ($115,200.00) each year; and
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Temporary Resolution #10844 — November 21, 2005
Revision No. 1 — December 2, 2005
Page 2
WHEREAS, Broward County, in its representative capacity to the Department of
Housing and Urban Development ("HUD") for all members of the Consortium, is the
recipient of HOME funds, and has allocated the City of Tamarac an estimated One
Hundred Forty Six Thousand Two Hundred and Seventeen Dollars ($146,217.00) for
FY2004/2005; and
WHEREAS, HOME funds shall be used for eligible housing assistance activities that
address the needs of low and moderate income families; and
WHEREAS, HOME funding will enable the City to address up to seven (7) recipients
with housing rehabilitation; and I
WHEREAS, Broward County and the City of Tamarac will enter into this
Memorandum of Understanding ("MOU") (attached hereto as Exhibit "2") which, upon
execution, shall continue until September 30, 2006, allowing Broward County to administer
the City's allocated HOME funds; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve the
Memorandum of Understanding ("MOU") between Broward County and the City of
Tamarac for the administration of the HOME Funding Program for FY 2004/2005 in the
estimated amount of One Hundred Forty Six Thousand Two Hundred and Seventeen
Temporary Resolution #10844 — November 21, 2005
Revision No. 1 — December 2, 2006
1 Page 3
Dollars ($146,217.00) each year to assist up to seven (7) recipients with housing
rehabilitation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the City Commission hereby approves the Memorandum of
Understanding ("MOU") between Broward County and the City of Tamarac for the
administration of the HOME Funding Program FY 2004/2005 in the estimated amount of
approximately One Hundred Forty Six Thousand Two Hundred and Seventeen Dollars
($146,217.00) each year to assist up to seven (7) recipients with housing rehabilitation.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
-g1=rTIC)N
passage and adoption.
Temporary Resolution #10844 — November 21, 2005
Revision No. 1 — December 2, 2005
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 14th day of Deeery)W , 2005.
ATTEST:
i�--
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
'1" �' -�-
zu �-- )41 1
SAM EL S. GOREN
CITY ATTORNEY
JOE SCHREIBER
MAYOR
ECORD OF COMMISSION VO
MAYOR SCHREIBER f
DIST 1: COMM. PORTNER 1
IST 2: V/M TALABISCO ,
IST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
1
1
TEMP RES0 #10844 / EXHIBIT 1"
May 31, 2002 - Temp Reso #9813 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-159
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC TO BECOME PART OF THE
HOME INVESTMENT PARTNERSHIPS
PROGRAM CONSORTIUM COOPERATION
AGREEMENT FOR FISCAL YEARS 2003, 2004
AND 2005 (CASE NO. 11-MI-02); PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the National Affordable Housing Act of 1990 authorized the U.S.
Department of Housing and Urban Development (HUD) to provide financial assistance to
local governments to undertake or to assist in undertaking housing assistance activities in
accordance with the HOME Investment Partnerships Program (HOME Program); and
WHEREAS, the City of Tamarac does not meet the minimum dollar threshold,
based on HUD's allocation formula in order to receive its own allocation; and
WHEREAS, Broward County notified the City of,Tamarac of an opportunity tojoin a
consortium to receive federal funding under the HOME Program to provide affordable
housing for their residents;and
WHEREAS, as a member of this consortium, it is estimated that approximately
1115,201.00 will be allocated for housing programs for the residents of the City of Tamarac
each year for a three (3) year period beginning in 2003; and
May 31, 2002 - Temp Rego #9813 2
I
WHEREAS, the "HOME Investment Partnerships Program Consortium Cooperation
Agreement for Fiscal Years 2003, 2004 and 2005" (attached hereto as Exhibit "1") is
required to be executed by the Chair of the Board of Broward County Commissioners and
the City Manager and/or Mayor on behalf of the City of Tamarac, desirous of participating
in the consortium for the allocation of HOME funds; and
WHEREAS, the executed Agreement is required to be delivered to HUD by Broward
County's Community Development Division by June 30, 2002; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
I I
appropriate City Officials to execute the agreement between Broward County and the City
of Tamarac to become part of the HOME Investment Partnerships Program Consortium
Cooperation Agreement for Fiscal Years 2003, 2004 and 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The. foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
F�'
May 31, 2002 - TOMP Reso #9813 3
r,
Ll
I
SECTION 2: That the City Commission hereby authorizes the City Manager
to execute the HOME Investment Partnerships Program Consortium Cooperation
Agreement for Fiscal Years 2003, 2004 and 200.5 between Broward County and the City of
Tamarac.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict,
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution,
May 31, 2002 - Temp RGS0 #9813 4
SECTION 5:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 121h day of June, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOkA)T10N as to form
VITCHELL S. KRA
CITY ATTORN
JOE SCHREIBER
MAYOR.
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Ave
DIST 1: V/M. PORTNER Ave
DIST 2: COMM. MISHKIN —AL
DIST 3: COMM. SULTANOF Ave
DIST 4: COMM. ROBERTS_ Aye
1
Ij
EXHIBIT"I" TEMP RESO #9813
HOME INVESTMENT PARTNERSHIPS PROGRAM
CONSORTIUM COOPERATION AGREEMENT
FOR FISCAL YEARS 2003, 2004 AND 2005
WHEREAS, the National Affordable Housing Act of 1990 authorized the U,S.
Department of Housing and Urban Development ("HUD") to provide financial assistance to
local governments to undertake or to assist in undertaking housing assistance activities in
accordance with the HOME Investment Partnerships Program ("HOME Program"); and
WHEREAS, Broward County and the below named municipalities, collectively
referred to as "the Parties", are desirous of receiving federal funding under the HOME
Program to provide affordable housing for their residents; and
WHEREAS, Section 92.101, Title 24, Code of Federal Regulations, allows
geographically contiguous units of general local government, which would not otherwise
qualify as participating jurisdictions, to form a consortium in order to qualify for a HOME
Program formula allocation; and
WHEREAS, the Parties, as contiguous units of general local government, seek to
enhance the quality of life for their respective citizens, and are desirous of entering into a
Consortium Cooperation Agreement; and
WHEREAS, this Agreement, pursuant to Chapter 163, Florida Statutes, authorizes
local governments to make the most efficient use of their powers by enabling them to
cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities in a manner and pursuant to forms of governmental organization that
will accord best with geographic, economic, population, and other factors influencing the
needs and development of local communities.
NOW, THEREFORE, in consideration of the mutual covenants and cond.itiops and
other good and valuable consideration, of which the receipt and sufficiency is
acknowledged, the parties agree as follows:
SECTION 1. PARTIES. The parties to this Agreement are political subdivisions of
the State of Florida:
Broward County
115 S. Andrews Avenue
Ft. Lauderdale, Florida 33301
SECTION 2. PURPOSES. This Agreement is entered into for the purpose of
meeting the criteria established in 24 CFR Part 92 for obtaining general local government
status as a consortium of otherwise ineligible jurisdictions to obtain funding from the HOME
Program. Moreover, this Agreement is entered into in order to benefit the citizens of the
respective parties, The Parties agree to cooperate with each other to undertake or assist
in undertaking housing assistance activities pursuant to the HOME Program.
SECTION 3. MEMBERS/CREATION OF CONSORTIUM. Upon execution of this
Agreement, the Parties form a consortium to be known as the "Broward County HOME
Consortium", ("Consortium").
SECTION 4. STATUS OF CONSORTIUM. The Broward County HOME
Consortium shall be a unit of general local government for funding under the HOME
Program upon designation by HUD.
SECTION 5. REPRESENTATIVE. Broward County shall be the member unit of
the Consortium authorized to act in a representative capacity to HUD for all members of
the Consortium for the purposes of the HOME program.
SECTION 6. CONSOLIDATED STRATEGIC PLAN. Broward County shall assume
overall responsibility for ensuring that the Consortium's HOME Program is carried out in
compliance with the requirements of the HOME Program, including requirements
concerning a Consolidated Strategic Plan, and the requirements of 24 CFR Part 91 and 92
respectively, and the requirements of 24 CFR Part 92.350. All members of the Consortium
shall cooperate in the preparation of a Consolidated Strategic Plan.
SECTION 7. FUND ADMINISTRATION AND DISTRIBUTION. Broward County
shall administer and distribute the HOME Program funding according to the allocation
schedule calculated and determined by HUD. The participating cities shall select projects
funded by their respective allocations and within their municipal boundaries, and the
County shall administer the program. Broward County shall collect a ten percent (10%)
administrative fee for administering the HOME Program funds and providing all members
with a quarterly report of the Program's activities.The parties may adjust funding
distribution upon a majority vote of the consortium members.
SECTION 8. CERTIFICATIONS. Each member of the Consortium will aff irmatively
further fair housing 'and will comply with the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies and Real Property Acquisition Policies of
1970, as amended, implementing regulations of 49 CFR Part 24 and the requirements
governing the residential anticlisplacement and relocation assistance plan under section
104(d) of the Housing and Community Development Act of 1974.
SECTION 9. PROGRAM YEAR. The Parties shall be on the same program year
for the HOME Program which begins on October l't and ends on September 30 ih each
federal funding year.
ipa
SECTION 10. TERM. This Agreement shall cover Federal fiscal years 2003, 2004
and 2005, It will remain in effect until HOME Program funds for these three Federal fiscal
years are expended for eligible activities, No consortium member may withdraw from the
Agreement while the Agreement remains in effect. This Agreement will automatically be
renewed for participation in successive three-year qualification periods, unless a member
provides written notice that it elects not to participate in a new qualification period. Broward
County, by the date specified in HUD's Consortia Qualification Notice for the next
qualification period, will notify consortium members, in writing, of their rights to make such
election. Failure by any party to this Agreement to adopt an amendment to the Agreement
incorporating all,changes necessary to meet the requirements for cooperation agreements
set forth in the Consortia Qualification Notice applicable for a subsequent three-year
consortia qualification period, and to submit the amendment to HUD as provided in the
Consortia Qualification Notice, will void the automatic renewal of such qualification period.
SECTION 11. AMENDMENTS. Broward County shall be authorized to amend the
consortium agreement on behalf of the entire Consortium to add new members to the
consortium based on written approval by a majority of the consortium members.
SECTION 12, LIABILITY, Nothing is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity may be applicable. Nothing shall be
construed as consent by a state agency or political subdivision of the State of Florida to be
sued by third parties in any matter arising out of this Agreement or any other contract. All
consortium members are state agencies or political subdivisions of the State of Florida as
defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and
omissions of its agents or employees to the extent permitted by law.
SECTION 13. NOTICES. Formal notices under the terms of this Agreement shall be
sent, by U.S. Mail, as follows:
City MADAger
City of Tamarac
7525 NW 88th Street
-Ta-marac, FL 33321
With a copy to the City Attorney at the same address.
SECTION 14. COUNTERPARTS. This Agreement may be executed in
counterparts and each executed agreement shall be treated as the original.
SECTION 15. AUTHORIZING RESOLUTIONS/ATTORNEY CERTIFICATIONS.
Each member shall adopt authorizing resolutions that are incorporated by this reference.
The certifications of legal counsel set forth below shall be deemed an integral part of this
Agreement.
SECTION 16. LIMITATIONS OF AGREEMENT. It is not the intent of this
agreement to change the jurisdiction of the parties in any manner except as specifically
-3-
provided. All other policies, rules, regulations and ordinances of the parties will continue to
apply as to properties located within the jurisdictional boundaries of each party.
SECTION 17. EMPLOYEE STATUS, Persons employed by either party in the
performance of services and functions pursuant to this Agreement shall not be deemed to
be employees of the other party nor shall they have any claim to pension, worker's
compensation, civil service or other employee rights or privileges granted by the other party
to its officers and employees.
(The remainder of this page is intentionally left blank.)
-4.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to
execute same by Board action on the _ day of ---1 20--, and the following
municipalities signing by and through its authorized persons.
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
BROWARD COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
— day of
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Lori Nance Parrish, Chair
20
Approved as to form by
Office of Cc u nty Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954).357-6968
AM
James E. Saunders, III
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND �/yC �JTT�°ir�/�iP/ FOR
PARTICIPATION IN HOME INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM
FOR FISCAL YEARS 2003, 2004 AND 2005
MUNICIPALITY:
Manager -Mayor
-ae. Sc:kmk6.r , mayor
Name
Date
pr ed s to for and I is cienc
%1el
f ( d-
Q6 nsel ate
a:consortl .wpd
May 20, 2002
2MY FER 2 1 AM 11 - 5 4
B V V RECEIYED 0A
cARD
NTY (;n-y OF TAMAFJA,(',
CITY
COMMUNITY DEVELOPMENT DIVISION tA�
115 S. Andrews Avenue, Room 310 - Fort Lauderdale, Florida 33301 - 954-367,5800 - FAX 954-7654919
February 8, 2006
Jeffrey Miller, City Manager
City of Tamarac
7525 NW 88 Avenue,
Tamarac, Florida 33321
Re: Notice To Incur Costs
(200412005) 30th Year Memorandum of Understanding for
City of Tamarac -Administration of HOME Funding Program
$146,217
Dear Mr. Miller:
Please find enclosed the executed original Memorandum of Understanding between
Broward County and the City of Tamarac for the Administration of the Home
Funding Program in the amount of $146,217.
You are hereby authorized to incur costs for this project as of October 1, 2005 until
the contract expiration date.
Please be advised that your organization is required to submit all requests for
amendments to this agreement in writing to the Community Development Division
Acting Director, not less than 90 days prior to the termination date of this agreement.
Also, please note that the Monthly Progress Reports (see Exhibit "D") should be
received by the 1 5th of the month that follows the reporting month.
You should direct any questions or concerns to Glennie Simmons, CD Specialist 11,
of my staff at (954) 765-5382.
Sincerely,
r nne R. Fe
",A
Acting Director
Attachments
cc: Ron Bono, Community Development Section Manager
Lucy M. Harty, Fiscal Section
File
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. - Ben Gruber - Sue Gunzburger - Kristin D. Jacobs - Ilene Lieberman - John E. Rodstrorn, Jr. - Jim Scott - Diana Wasserman -Rubin - LoisWe)der
www.broward.org
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
MEMORANDUM OF UNDERSTANDING
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
ADMINISTRATION OF HOME FUNDING PROGRAM
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and
between BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida
("COUNTY"), and CITY OF TAMARAC, FLORIDA, a municipal corporation of the State
of Florida ("CITY"), collectively referred to as the "Parties."
WHEREAS, the Parties enter into this MOU pursuant to Section 163.01, Florida
Statutes, as may be amended from time to time, also known as the Florida Interlocal
Cooperation Act of 1969; and
WHEREAS, COUNTY and CITY are members of the Broward County HOME
Consortium ("Consortium"), and are subject to the terms and conditions of that certain
HOME Investment Partnership Program Consortium Cooperation Agreement ("HOME
Agreement") entered into on June 25, 2002; said HOME Agreement is incorporated
herein by reference; and
WHEREAS, COUNTY, in its representative capacity to the Department of
Housing and Urban Development ("HUD") for all members of the Consortium, is the
recipient of HOME funds from HUD, and has allocated these funds to various
municipalities within Broward County, including CITY; and
WHEREAS, CITY is desirous of procuring the services of COUNTY to administer
its allocation of HOME funding pursuant to federal and local laws and regulations;
NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants set forth, the Parties agree as
follows:
1
HOMEInterlocal MOU Consortium
1. Funding. COUNTY shall allocate One Hundred Forty -Six Thousand Two
Hundred Seventeen Dollars ($146,217) in HOME funding to CITY for the 2004-
2005 Fiscal Year. COUNTY agrees to administer CITY's allocation of HOME
funds for the HOME Program described in Exhibits "A" and "B," attached hereto
and incorporated herein this MOU.
2. It is specifically understood and agreed by the Parties that all rights and powers
as may be vested in CITY pursuant to Chapter 166, Florida Statutes, or any other
law, ordinance or regulation of CITY not specifically addressed in this MOU shall
be retained by CITY.
3. Administration. COUNTY shall administer and assume overall responsibility for
ensuring that the HOME Program referenced in this MOU and Exhibits "A" and
"B" are carried out in compliance with the requirements of 24 CFR Part 92,
incorporated herein by reference.
4. Term. This MOU shall become effective upon execution by COUNTY and shall
continue until September 30, 2006, unless terminated earlier as provided for
herein.
5. Termination. This MOU may be terminated by either party upon thirty (30) days
written notice to the other party in accordance with the Notice provision set forth
in paragraph 10(B) herein. If CITY elects to terminate this MOU, or otherwise
terminate or cease its membership in the Consortium and does not become a
HOME Participating Jurisdiction, CITY shall not be entitled to a refund or return
of any unused portion of CITY's HOME fund allocation referenced above, nor any
program income or recapture monies derived from any projects by CITY pursuant
to this Agreement. For the purposes of this MOU, "program income" shall be as
defined in 24 CFR Part 92.2.
6. Should CITY withdraw'from the Consortium and become a HOME Participating
Jurisdiction, COUNTY shall transfer to CITY, at CITY's request and following
HUD approval, any program income, recapture monies and any unused portion
of CITY's HOME fund allocation for the particular project referenced herein this
MOU. In this event and upon the transfer of such HOME funds to CITY, CITY
shall assume all obligations and responsibilities attributable to such HOME funds.
7. Amendment. No modification, amendment, or alteration in the terms or conditions
shall be effective unless contained in a written document prepared with the same
or similar formality as this MOU and executed by the Parties, as provided for
herein. Such amendment shall be subject to approval of the Board of County
Commissioners, except the County Administrator shall be authorized to execute
amendments that change the term of the MOU or that change the Project, so
long as the Project consists of eligible activities under 24 CFR Part 92.
2
HOMEInterlocal MOU Consortium
8. Liabiflity. The Parties are state agencies or political subdivisions of the state of
Florida and each agrees to be fully responsible for the acts and omissions of its
agents or employees to the extent permitted by law. Nothing herein is intended
to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by a
state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this MOU or any other contract. Additionally,
the Parties shall each individually defend any action or proceeding brought
against their respective agency and shall be individually responsible for all its
own costs, attorneys fees, expenses and liabilities incurred as a result of any
such claims, demands, suits, actions, damages and causes of action, including
the investigation or the defense thereof, and from and against any orders,
judgments or decrees which may be entered as a result thereof; except such
claims, demands, suits, actions, damages and causes of action caused by
negligent acts or omissions of a party, its officers, agents, servants, and
employees.
9. Insurance. The Parties shall each individually maintain throughout the term of
Fhis MOU any and all applicable insurance required by Florida law for
governmental entities and each shall furnish to the other party written verification
of such insurance upon request of the party.
10. Miscellaneous:
A. Third Party Beneficiary. Neither CITY nor COUNTY intends to directly or
substantially benefit a third party by this MOU. Therefore, the Parties
agree that there are no third party beneficiaries to this MOU and that no
third party shall be entitled to assert a claim against either of them based
upon this MOU. The Parties expressly acknowledge that it is not their
intent to create any rights or obligations in any third person or entity under
this MOU.
B. Notice. Whenever either party desires to give notice to the other, such
notice must be in writing, sent by certified United States Mail, postage
prepaid, return receipt requested, or by hand delivery with a request for a
written receipt of acknowledgment of delivery, addressed to the party for
whom it is. intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the Parties designate
the following:
COUNTY: Director
Broward County Community Development Division
115 South Andrews Avenue, Room 310
Fort Lauderdale, Florida 33301
3
HOMEInterlocal MOU Consortium
CITY: City Manager
City of Tamarac 1h
7525 Northwest 88 Avenue
Tamarac, FL 33321
C. Assignment. Neither this MOU nor any interest herein shall be assigned,
transferred, or encumbered by either party, except COUNTY may
subcontract services to complete the work related to COUNTY's
administration of the HOME funds referenced in this MOU and Exhibit "A."
D. Materialit . The Parties agree that each requirement, duty, and obligation
set forth in this MOU is substantial and important to its formation and,
therefore, is a material term.
E. Waiver. The failure of the Parties to enforce any provision of this MOU
shall not be deemed a waiver of such provision or modification of this
MOU. A waiver of any breach of a provision of this MOU shall not be
deemed a waiver of any subsequent breach and shall not be construed to
be a modification of the terms of this MOU.
F. Severability. In the event a portion of this MOU is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless a party elects to terminate this MOU. An
election to terminate this MOU based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
G. Joint Preparation. The Parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for
them to form a full and complete understanding of all rights and
obligations herein and that the preparation of this MOU has been their
joint effort. The language agreed to expresses their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the Parties than the other.
H. Priority of Provisions. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached, any
document or events referred to, or any document incorporated into this
MOU by reference and a term, statement, requirement, or provision of this
MOU, the term, statement, requirement, or provision contained in
paragraphs 1 through 10 of this MOU shall prevail and be given effect.
4
HOMEInterlocal MOU Consortium
Governinq Law and Venue. This MOU shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of this MOU and any action
involving the enforcement or interpretation of any rights under this MOU
shall be submitted to the jurisdiction of the State courts of the Seventeenth
Judicial Circuit of Broward County, Florida, and shall be governed by the
laws of the state of Florida. To encourage prompt and equitable resolution
of any litigation that may arise, each party waives any rights it may have to
a trial by jury of any such litigation related to or arising out of this MOU.
J. Meme . This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
applicable to the matters contained and the Parties agree that there are no
commitments, agreements or understandings concerning the subject
matter of this MOU that are not contained in this document. Accordingly,
the Parties agree that no deviation from the terms shall be predicated
upon any prior representations or agreements, whether oral or written. It
is further agreed that no modification, amendment or alteration in the
terms or conditions shall be effective unless set forth in writing in
accordance with this MOU.
K. Independent Contractors. CITY is an independent contractor under this
MOU. Services provided by CITY pursuant to this MOU shall be subject
to the supervision of CITY. In providing such services, neither CITY nor
its agents shall act as officers, employees, or agents of COUNTY. No
partnership, joint venture, or other joint relationship is created hereby.
COUNTY does not extend to CITY or CITY's agents any authority of any
kind to bind COUNTY in any respect whatsoever.
L. Incorporation by Reference. The truth and accuracy of each "Whereas"
clause set forth above is acknowledged by the Parties and incorporated
herein as if set forth in full hereunder. The attached Exhibit(s) "A" and "B"
are incorporated into and made a part of this MOU.
M. Multiple Originals. This MOU may be fully executed in multiple copies by
all parties, each of which, bearing original signatures, shall have the force
and effect of an original document.
0. Survival. Any rights either party may have in the event it terminates this
Agreement pursuant to the terms hereof shall survive such termination.
Any provision of this Agreement which contains a restriction or
requirement by which extends beyond the date of termination set forth
herein shall survive termination of this Agreement and be enforceable.
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HOMEInterlocal MOU Consortium
IN WITNESS WHEREOF, the parties hereto have made and executed this MOU:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by
and through its County Administrator, authorized to execute same by Board action on
June 14, 2005 and CITY OF TAMARAC, signing by and through its Mayor, duly
authorized to execute same.
WITNESSES:
Signature Q04td90 "Vc-y�
Print Nahie DAVID CRANKSF
Insurance Requirements
approved as to form by
Broward County's Risk
Manaaement Division
W�
W-0 A 0,
HOMEInterlocal.doc
COUNTY
BROWARD COUNTY, through
its COUNTY ADMINISTRATOR
r- 0,AA 1A --
, ..rc Ig
rtal
6 of Co-untMAdministrator]
P6>YL-y V1 1,)1,4 S
of County Administrator
of -Fz4,4- 2006,
%. -"**ApppKed as to form by
w-,,.,*1.00�90REY J. NEWTON, County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954 357-7600
Tele pier: (95 1)357-7641
B r1A 'I �( I I I j - t -'31
-Tv PAT FVC! e,,Fk H E N (Date)
Assistant County Attorney
6
HOMEInterlocal MOU Consortium
MEMORANDUM OF UNDERSTANDING BETWEEN BROWARD COUNTY AND CITY
OF TAMARAC, FLORIDA, FOR ADMINISTRATION OF HOME FUNDING PROGRAM
CITY
ATTEST:
CITY OF
By:
_- Mayor
-- City Clerk
J Qe- _ s! cCh l e_l bey'�
Print/Type Name
day of Dec cfnb , 20 .
Approved, o r
City Attorney
7
HOMElnterlocal MOU Consortium
IWAMIZIMAI
Project Description- City of Tamarac Housing Rehabilitation Program
Total HOME funding amount $146,217
Minimum of 7 clients to be assisted
Maximum $20,000 per home
Eligible properties
• owner occupied primary residence
• one to four family dwelling
• condo/townhome/villa
Scope of services
• Primary
• corrective action to eliminate conditions posing a threat to
the health, safety and welfare of the occupants
• roof repair and/or replacement
• cure code violation
• Secondary
mechanical system repair
exterior painting
electrical repair
plumbing repair
fascia
Loan terms
o 5 year, 0% interest, deferred payment
o 20% forgiven on anniversary date of loan
o prorated payment due upon sale, rental or transfer of property
within five year loan term
o Loan position no lower than third
County Responsibilities
Contact and interview program applicants referred by the City
Client to complete general application form provided by City
Certify Income of Applicant
• Obtain source documents for all household members
bank statements, paystubs tax returns and W-2s, pension,
child support, social security statements, etc.
• Verify income and assets through third party verifications
Obtain warranty deed
Obtain notice of ad velorem taxes and verify taxes paid
Verify ownership & liens through public records search
Verify adequate insurance coverage (hazard and flood)
Send approval/disapproval notice to applicant
Verify after rehab value conforms to HOME guidelines
Obtain contractors from approved county list
• hold pre bid conference
• bid job w/ sealed bids. Select responsive low bidder and send bid
summary to City
• Issue notice to proceed
• Assist client with construction contract
• Prepare, execute and record note and mortgage
• Conduct inspections
• perform detailed work write ups to include photos and scope of
work
• lead based paint as applicable
• paid with HOME funding
• use County approved vendor
• permit review
• progress inspection
• final inspection with photographs
Prepare payment package and send to City for approval
Provide City with project file and photos upon completion in format
acceptable for monitoring by funding agency
Provide City with monthly status report on client activity (interviews,
income certifications, work progress, closing)
CITY RESPONSIBILITIES
• Advertise available funding
• Refer interested applicants to County
• Provide City Application form
EXHIBIT B
COSTS/BUDGET FOR PROJECT — 2004-2005
Funding Sources
Category
HOME Client
A Direct client subsidy
- Construction
$146,217
B. Inspections
$ 1,000
C. Recording fees
as applicable
BUDGET NARRATIVE
$146,217 assistance to a minimum of 7 clients @ maximum of $20,000 each
• $145,217 — construction costs
• $ 1,000 - inspections as needed (lead paint...)
FLCitles PRS 8/9/2005 2:02 PACE 2/2 RlgbtFaX
CERTIFICATE OF COVERAGE
Coltificate Holdef
Adminivrator issue Date 06/09105
ATTIN JOHN BATEY
FIOI LeaWe of Cides, Inc.
COMMUNITY DEVELOPMENT DEPARTMENT
Pubk Rlsk Sairokes
BROWARD COUNTY BOARD OF COUNTY
P.O. Boa 530065
COMMISSIONERS
OrIvEW9. FWW 328534=5
115 S ANDREWS AVENUE
FORT LAUDERDALE FL 33331
TIIIS 13 TO CIRTIFV T%AT THE AGAIMMW RUCIN ".5 MEN ISSUED TO THE 01JONATID MIMIM on �r Cow/eRAG! PERIOD IND,CATTC. NOTW!'HSTANCING AN� AlIQUiRE10W,
TUMOR CONDITION OF ANY CONTRACT OR OTftU DDI WITR S95PICT TO WHICH TM13CIATIFICATIMAf 19133aD CA MAY PERTAIN. "ClOVIRA69AFFORUDUY THE
AGREEMENT DeSCAP1100 4IF4,N IN SMIE' TO Ai.L -HE TERMS. EXCLILSONS AND CDNI)iIMOW 00 SUCH A41RINIMINT
COVERAGE PROVIOED DY� FLOF00A MUNICIPAL INSURANCE TRUST
AOREENNEINT NIUMINE111- FMIT 0684
1 CMRAM PERIOD: FROM 1011 1
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WK OF COVERAGE - LWKrrY
TYPE OF ComAtar - PROPERTY
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TYPE OF COVERAGE - WORKERS' COLVMIrATKW
13 Hired Autao
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(3 NMOVA-Ad Aute.
EmOlovers LoWlity S 1.000.000 Each Accident
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Thom spopoilic Write of Lowtv we Aft"Ood to 12,000.000 lownWwO singlil limit) 00 occuormos, wholy far my liability niou" from antry, at a claims
bill ;%Pnoanc to Soesin 799.26 119 FlwWO St*tk4" w habditY iTVG=d W1&WAk to Federal Law - -ct" wtvadot the State of Florida
ONWOM of OP-ofi"to-1604OVdmNoffpegid I
RE: Adminwilrotion of On, Harris, Pmdft Ragom
TM` CRORMICATI 6 OWED AS A MATTER OF lWCR4LVM DAILY 40 CCWM NO 111,1011111 UPON THE CUMFICATt HOUDER. TIRE cmincur cots isor mew. extits; an ALTER
THE COVERAGE AFFORM Ily THE AUMMOt Pacria.
DEMATO AMEn I
CANCKLATIONE
"ULZ� ANY PART OF THE Ascivv OtSC-4123 AGREEM-NIT ft CANC9"EQ MORE THE
L4"10ATION DATE THEREOF. THE 1WA) COMPANY W146 INCIAVOWTO MAIL 45 3AYS
CITY OF TAMARAC
WK;TTIN NOTICe �O THE CIPrIFICATC M06gep, NAMEg ASOVE� WT pALUA, M MAL
SUCH NOTICE SMAL. INIFOAM NO OLLIGATION OR �IAFI,Iry 0- MY 41NO UPON THE
7625 NW 887" AVENUE
PROGRAM. ITS A4ehle3 OR IWPM$INTATVIB.
TAMARAC FIL 33321 2401