HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-117Temp. Reso. No. 13017
October 11, 2017
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- /17
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2016-
2017 FISCAL YEAR HOME INVESTMENT PARTNERSHIP
("HOME") FUNDS IN THE AMOUNT OF $82, 910 FOR A
TERM COMMENCING OCTOBER 1, 2016 WITH AN END
DATE OF SEPTEMBER 30, 2019, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC FOR THE
DESIGNATION OF SUBRECIPIENT AND PROVIDING
FOR DISBURSEMENT OF HOME PROGRAM FUNDS
FOR THE OWNER -OCCUPIED MINOR HOME REPAIR
PROGRAM, FISCAL YEAR 2016-2017, ATTACHED
HERETO AS EXHIBIT "A", AND INCORPORATED
HEREIN; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") and Broward County ("County") are
members of the Broward County HOME Consortium ("Consortium"), and are subject to
the terms and conditions of the HOME Investment Partnership Program Consortium
Cooperation Agreement ("HOME Agreement") renewed by the City and the County on
June 14, 2011; and
WHEREAS, in its representative capacity for members of the Consortium to the
Department of Housing and Urban Development ("HUD"), the County is the recipient of
HOME funds from HUD, and has allocated these funds to various municipalities within
the County, including the City; and
WHEREAS, the City must be designated as HOME subrecipient in order to directly
execute contracts for HOME eligible activities; and
Temp. Reso. No. 13017
October 11, 2017
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WHEREAS, the City Commission desires the City to be designated as a HOME
subrecipient and to enter into the Interlocal Agreement with the County for HOME
Program funds for Fiscal Year 2016-2017 in the amount of $82,910.00, for a term
commencing October 1st, 2016 and ending September 30, 2019, a copy of which is
attached hereto as Exhibit "A"; and
WHEREAS, the Community Development Director recommends the approval of
the Interlocal Agreement with the County for HOME Program funds for Fiscal Year 2016-
2017 in the amount of $82,910.00, for a term commencing October 11t, 2016 and ending
September 30, 2019; and
WHEREAS, it is recommended that the City Manager be authorized to exercise
any extensions to the contract if necessary and appropriate; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City to enter into the Interlocal
Agreement with the County for the Designation of Subrecipient and Disbursement of
HOME Program funds for housing rehabilitation under the City's Owner -Occupied Minor
Home Repair program for Fiscal Year 2016-2017 for expenditures commencing October
1st, 2016 through September 30, 2019.
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
Temp. Reso. No. 13017
October 11, 2017
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Resolution. All exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
SECTION 2: The City Commission approves the designation of the City of
Tamarac as a subrecipient for purposes of the HOME Investment Partnership Program
Consortium Cooperation Program, and further authorizes the appropriate City officials to
execute the Interlocal Agreement with Broward County for Designation of Subrecipient
and Disbursement for the HOME Program for Fiscal Year 2016-2017, a copy of which is
attached hereto as Exhibit "A".
SECTION 3: The City Manager is authorized to exercise any extensions to the
contract if necessary and appropriate.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
Temp. Reso. No. 13017
October 11, 2017
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 0?-5- DAY OF OCTOBER, 2017.
PATRICIA A.
CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
U' •
CITY OF TAMARAC, FLORIDA
HARRY tIRESSLER, MAYOR
H.
DRESSLER
M.
BOLTON
M
GOMEZ
F a.
J.
FISHMAN
D.
PLACKO
�-
n
u
EXHIBIT "A"
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR
HOUSING REHABILITATION - MINOR HOME REPAIR PROGRAM
FY 2016 - 2017 FUNDING
IN THE AMOUNT OF $82,910
Agreement #: 16-HFCD-178-HOME
INDEX
ARTICLE
PAGE
1 DEFINITIONS......................................................................................................2
2 PREAMBLE......................................................................................... 4
3 PROJECT............................................................................................................ 5
4 FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO
THEUSE OF THE FUNDS................................................................................... 6
5 LIABILITY AND INDEMNIFICATION.................................................................. 11
6 INSURANCE...................................................................................................... 11
7 ASSURANCES AND CERTIFICATIONS...................................................12
8 FINANCIAL RESPONSIBILITY................................................................15
9 TERM OF AGREEMENT........................................................................17
10 TERMINATION...................................................................................................17
11 NOTICES........................................................................................19
12 MISCELLANEOUS.............................................................................................20
EXHIBITS
EXHIBIT "A" PROJECT DESCRIPTION
EXHIBIT "B" COSTS/BUDGET FOR PROJECT
EXHIBIT "C" TIMETABLE/SCHEDULE FOR PROJECT
EXHIBIT "D" MONTHLY PROGRESS REPORT
EXHIBIT "E" AFFIRMATIVE MARKETING POLICY
EXHIBIT "F" PROJECT COMPLETION FORM
EXHIBIT "G" REQUEST FOR PAYMENT
EXHIBIT "H" FORM OF MORTGAGE AND PROMISSORY NOTE
EXHIBIT "I" INSURANCE REQUIREMENT [FOR CITY's SUBCONTRACTOR, IF
APPLICABLE]
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR
HOUSING REHABILITATION — MINOR HOME REPAIR PROGRAM
FY 2016 - 2107 FUNDING
IN THE AMOUNT OF $82,910
This is an Agreement ("Agreement"), made and entered into by and between
BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY,"
and
CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter
referred to as "CITY," collectively referred to as the "Parties."
RECITALS
WHEREAS, pursuant to 24 CFR Part 92.101, the Parties entered into a
standard form HOME Consortium Cooperation Agreement approved by the Board on
June 9, 2009, providing for the Parties' inclusion in the Broward County HOME
Investment Partnerships Program Consortium ("HOME Consortium"), and providing for
COUNTY to be the HOME Consortium's representative member or lead entity to carry
out the objectives of the HOME Program on behalf of all of its members; said HOME
Consortium Cooperation Agreement is incorporated herein by reference; and
WHEREAS, COUNTY, as the representative member or lead entity for the HOME
Consortium is the recipient of HOME Investment Partnerships Program grant funding
("HOME Funds") from the U.S. Department of Housing and Urban Development "HUD")
pursuant to the HOME Investment Partnerships Act ("HOME Act") at Title II of the
Cranston -Gonzalez National Affordable Housing Act of 1990, with implementing
rules and regulations set forth in 24 CFR Part 92 for all members of the HOME
Consortium, and COUNTY desires to allocate a portion of the HOME Funds to CITY;
and
WHEREAS, on May 26, 2016, the Board adopted Resolution #2016-304,
approving FY 2016 - 2017 HOME funding to CITY under COUNTY's HOME Program,
for housing rehabilitation activities; and
WHEREAS, COUNTY is required to enter into this Agreement with CITY in order
for CITY to perform HOME eligible activities within CITY; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the Parties agree as follows:
ARTICLE 1 - DEFINITIONS
The following definitions apply unless the context in which the word or phrase is
used requires a different definition:
1.1 Agreement - This document, Articles 1 through 12, the exhibits and documents
that are expressly incorporated herein by reference.
1.2 Board - The Board of County Commissioners of Broward County, Florida.
1.3 CFR - The Code of Federal Regulations is the codification of rules and
regulations published in the Federal Register by the executive departments and
agencies of the federal government of the United States.
1.4 Committed funds - The term shall mean "Commitment" as defined under
24 CFR Part 92.2.
1.5 Contract Administrator - The Contract Administrator for COUNTY is the
Director of the Division or the Assistant Director of the Division. The primary
responsibilities of the Contract Administrator are to coordinate and communicate
with CITY's Designated Representative, and to manage and supervise execution
and completion of the Project and the terms and conditions of this Agreement as
set forth herein. In the administration of this Agreement, as contrasted with
matters of policy, the Parties may rely on the instructions or determinations made
by the Contract Administrator; provided, however, that such instructions and
determinations do not change the Project.
1.6 County Administrator - The administrative head of COUNTY appointed by the
Board.
1.7 County Attorney - The chief legal counsel for COUNTY appointed by the Board.
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1.8 Division - The Housing Finance and Community Redevelopment Division.
1.9 HOME or HOME Program - The HOME Investment Partnerships Program
pursuant to Title II of the Cranston National Affordable Housing Act
(42 U.S.C. 1271 et seq.), with implementing rules and regulations set forth in
24 CFR Part 92.
1.10 HOME Funds - The HOME Investment Partnerships grant funding provided to
CITY under this Agreement.
1.11 HUD - The United States Department of Housing and Urban Development.
1.12 Income Eligible Household - Low-income and very low-income households
described in 24 CFR Part 92.2, consisting of families as defined in 24 CFR Part
5.403, with an annual anticipated gross income that does not exceed eighty
percent (80%) and fifty percent (50%) respectively, of the median annual income
for the area, as determined by HUD, with adjustments for family size for
households within the metropolitan statistical area for Broward County, or the
non -metropolitan median for the State, whichever is greater.
1.13 Monthly Progress Report (MPR) - The report utilizing Exhibit "D," attached
hereto, describing how much progress CITY has made towards completion of the
Project.
1.14 Project - The Project consists of the services described in Article 3.
1.15 Project Completion - A project is considered complete when it meets certain
conditions, including: construction completion, title transfer, property standards
met, funds disbursed and final draw down, completion info entered into IDIS
(homebuyer projects require beneficiary data), all required reports, and
documentation required by COUNTY.
1.16 Property - The property(ies) assisted with HOME Funds under this Agreement
for the Project.
1.17 Rules and Regulations of HUD - The rules and regulations of HUD including,
but not limited to, 24 CFR Part 92, "HOME Investment Partnerships Program";
Fair Housing Act, 42 U.S.C. 3601 et seq.; Section 301 of the Housing and
Urban -Rural Recovery Act of 1983; Pub. Law No. 98-181, 97 Stat. 1155, CPD
Notice 92-18, Procedures for the Cash and Management Information (CMI)
System for the HOME Program, the applicable provisions of 2 CFR Part 200,
"Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards"; 24 CFR Part 91 "Consolidated Submissions for Community
Planning and Development Programs" and any Executive Orders issued by the
Federal Government, or any final rule changes set forth in the Federal Register,
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impacting the HOME Program; as amended from time to time, and which are
incorporated herein by reference.
1.18 Subconsultant or Subcontractor - A firm, partnership, corporation, independent
contractor (including 1099 individuals), or combination thereof providing services
under this Agreement through CITY for all or any portion of the work or activities.
The term "Subconsultant" shall include all "Subcontractors" and the term
"Subcontractor" shall include all "Subconsultants."
ARTICLE 2 - PREAMBLE
2.1 Pursuant to 24 CFR Part 92, HUD allocates HOME funds by formula among
eligible State and local governments to strengthen public -private partnerships
and to expand the supply of decent, safe, sanitary, and affordable housing, with
primary attention to rental housing, for very low-income and low-income families.
2.2 Pursuant to 24 CFR Part 92.105, COUNTY has been designated by HUD as a
participating jurisdiction, and receives its HOME funding allocation pursuant to
the Consolidated Plan submitted to and approved by HUD in accordance with
24 CFR Part 91. COUNTY may use HOME funding to carry out multi -year
housing strategies through acquisition (including homebuyer activities and
purchase assistance), rehabilitation, new housing construction, and tenant -based
rental assistance.
2.3 Under the Rules and Regulations of HUD, COUNTY is the administrator for the
Program and is mandated to comply with all applicable statutes, codes, rules,
and regulations of the United States as to the allocation and expenditure of
HOME Funds as well as protecting the interests of certain classes of individuals
who reside in COUNTY.
2.4 COUNTY desires to disburse HOME Funds to CITY and has obtained
assurances from CITY that it will comply with all applicable statutes, codes, rules,
and regulations of the United States, the Rules and Regulations of HUD, the
State of Florida, and COUNTY relating to the Project and the Program, as a
condition precedent to the release of such HOME Funds to CITY.
2.5 COUNTY shall conduct all programs and activities relating to housing and
community development in a manner that affirmatively furthers fair housing.
COUNTY shall fund only subrecipients who have taken steps to promote fair
housing.
2.6 In the event CITY is found to be taking actions designed to discourage affordable
housing for sale or rent within the boundaries of COUNTY, CITY shall not be
eligible to receive HOME Funds under this Agreement.
"I
2.7 In accordance with 2 CFR Part 2400.101, the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards set
forth in 2 CFR Part 200 are applicable to the HOME Funds provided by COUNTY
under this Agreement. In accordance with 2 CFR Part 200.101(b)(3), with the
exception of the requirements set forth in 2 CFR Part 200, Subpart F, Audit
Requirements, in the event any of the provisions of Federal statutes or
regulations relating to the HOME Program differ from the provisions set forth in
2 CFR Part 200, the provision of the Federal statutes or regulations shall govern.
2.8 This Agreement is subject to the availability of funds as more specifically
described in Articles 4 and Article 10.
ARTICLE 3 - PROJECT
3.1 CITY shall provide housing rehabilitation activities for Income Eligible
Households as outlined in Exhibit "A," Project Description.
3.2 CITY shall comply with Exhibit "B," Costs/Budget for Project, and Exhibit "C,"
Timetable/Schedule for Project. Failure to maintain the implementation schedule
within sixty (60) days of the deadlines set forth in Exhibit "C" may warrant a full
review by the Division to meet HUD's required expenditure rates for the Program
year. In the event CITY fails to maintain the implementation schedule within
ninety (90) days of the deadlines identified in Exhibit "C," COUNTY may
terminate this Agreement in accordance with Article 10, and may transfer all
uncommitted and unexpended funds to the contingency account or be
reprogrammed by COUNTY consistent with the Rules and Regulations of HUD
for the HOME Program.
3.3 The Division may issue a Stop Order to CITY which shall halt all work on the
Project in the event the work is not being performed according to the terms of this
Agreement or when, in the Division Director's judgment, CITY, or any of its
Subcontractors, have violated federal guidelines and regulations, or the terms of
this Agreement.
3.4 The Division will carry out periodic monitoring and evaluation activities as
determined necessary by the Division. The continuation of this Agreement is
dependent upon satisfactory evaluations by the Division. Such evaluation will be
based on the terms of this Agreement, comparisons of planned versus actual
progress relating to the Project's scheduling, budget, in -kind contributions and
output measures. Upon request, CITY shall furnish to the Division Director,
COUNTY, or their designees, such records and information related to the Project
as is determined necessary by the Division Director or COUNTY. CITY shall
submit on a monthly and quarterly basis, and at other times upon the request of
the Division Director, information and status reports required by the Division,
COUNTY, or HUD on forms approved by the Division Director.
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3.5 CITY shall meet with COUNTY at reasonable times and with reasonable notice to
discuss the Project.
3.6 CITY shall provide COUNTY with Monthly Progress Reports utilizing the form
provided in Exhibit "D," which shall indicate the status of all outstanding work that
has been authorized by COUNTY for the Project. The first Monthly Progress
Report shall be due one (1) month after the complete execution of this
Agreement by the Parties. Any accurate and completed Monthly Progress
Reports that are not submitted to the Division within a timely manner will result in
reimbursements to CITY under this Agreement being withheld. Following
completion of the Project, CITY shall complete and submit to COUNTY the
Project Completion Form set forth in Exhibit "F."
3.7 The Parties shall cooperate in the preparation of any and all reports required
under this Agreement. CITY shall furnish to COUNTY any information COUNTY
requests for preparation of reports required under the Rules and Regulations of
HUD, specifically 2 CFR Part 200 and 24 CFR Part 92 including, but not limited
to, the Consolidated Plan and the Annual Performance Report.
3.8 CITY shall use its own procurement procedures for the procurement of property
and services, which shall reflect applicable state and local laws and regulations;
and all procurement shall conform to applicable federal law and the applicable
Procurement Standards set forth in 2 CFR Part 200, Subpart D.
3.9 CITY shall not charge any servicing, origination, or other fees for the costs of
administering the Project, except as permitted under 24 CFR Part 92.214(b)(1).
3.10 CITY shall ensure that the recapture and affordability restrictions set forth in
24 CFR Part 92.254 are enforced by requiring each Income Eligible Homeowner
to execute a Mortgage and Promissory Note in favor of COUNTY, in substantially
the forms attached hereto as Exhibit "H," respectively, relating to the amount of
housing rehabilitation being provided and the affordability period consistent with
the requirements set forth in 24 CFR Part 92.254, and as further described in
Exhibit 'A" Project Description.
3.11 No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last ten (10)
years of weather data recorded in the Fort Lauderdale/Hollywood International
Airport Weather Station.
ARTICLE 4 - FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount of HOME Funds payable by COUNTY under this
Agreement shall be set forth in the applicable category(ies) below:
Check applicable category(ies): [X] Regular HOME Dollars - $82,910
L] CHDO Dollars - 15% Community Housing
Development Organization (CHDO) set -aside
4.2 COUNTY shall reimburse CITY for the Project expenses incurred as provided in
Exhibit "B," Costs/Budget for Project, provided a suspension of payment as
provided in this Agreement has not occurred, and provided further that CITY
complies with the procedures for invoices and payments as set forth in this
Article. At no time shall COUNTY distribute HOME Funds to CITY if it has not
provided the required deliverables. In the event HUD reduces the HOME funding
allocation to the HOME Consortium, COUNTY shall reduce CITY's allocation
proportionately.
4.3 Regular HOME Dollars. Regular HOME Dollars means HOME Funds allocated
by COUNTY to CITY under this Agreement in accordance with 24 CFR Part 92
and that are not designated as a fifteen percent (15%) CHDO set -aside, as
described in Section 4.4.
4.4 CHDO Dollars. COUNTY, as the participating jurisdiction pursuant to 24 CFR
Part 92.300, is required to set -aside fifteen percent (15%) of HUD's annual fiscal
year HOME funding allocation to COUNTY specifically for CHDO
development -related activities. CHDOs are established pursuant to 24 CFR
Part 92, Subpart G, Community Housing Development Organization, to receive
the set -aside HOME Program funding, and must be approved by COUNTY for
the primary purpose of developing affordable housing for CITY. CITY shall
administer the fifteen percent (15%) CHDO set -aside in accordance with 24 CFR
Part 92.300, and shall enter into an agreement with a COUNTY -approved CHDO
to provide the HOME eligible activities under this Agreement.
4.5 CITY shall invoice COUNTY monthly, if eligible Projects expenditures have been
made, utilizing the form provided in Exhibit "G," Request for Payment, for eligible
Project costs described in Exhibit "A," Project Description, and 24 CFR
Part 92.206, on the following basis:
4.5.1 CITY shall provide COUNTY with documentation of costs associated with
any CITY personnel providing services for the Project.
4.5.2 CITY shall provide COUNTY with an executed original of any contracts
with Subcontractors authorizing services, work, or activities to be
performed for the Project.
4.5.3 CITY shall submit a certified copy of the purchase order authorizing the
work or activities for which it is invoicing.
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4.5.4 CITY shall submit to COUNTY a certified copy of all Subcontractor
invoices for the Project indicating the services, work, activities, or
materials for which it is invoicing.
4.5.5 CITY's administrator or the administrator's authorized representative shall
certify that the services, work, activities, or materials being invoiced has
been received or completed.
4.5.6 Upon submittal of the final invoice for reimbursement of eligible Project
expenditures made during the term of this Agreement, CITY shall provide
COUNTY with a final and complete Monthly Progress Report, utilizing the
form provided in Exhibit "D."
4.6 Following receipt of invoices and supporting documentation, as described in
Section 4.3, the Division shall review the invoices and supporting documentation
to determine whether the items invoiced have been received or completed and
that the invoiced items are proper for payment. Upon determination by the
Division that the items invoiced have been received or completed, the Division
shall make payment to CITY the amount it determines to be payable. Payment
for travel expenses, if any, shall be made in accordance with COUNTY
guidelines for travel reimbursement.
4.7 CITY shall not be entitled to payment by COUNTY for any invoices if received by
COUNTY later than sixty (60) days after expiration or earlier termination of this
Agreement; however, invoices for impact fees, if applicable, will be honored by
COUNTY for up to twelve (12) months after expiration or earlier termination of
this Agreement.
4.8 COUNTY shall pay CITY within thirty (30) calendar days from receipt of CITY's
Request for Payment for reimbursement of eligible Project expenses, in
accordance with COUNTY's Prompt Payment Ordinance, Section 1-51.6,
Broward County Code of Ordinances. To be deemed proper, all invoices must
comply with the requirements set forth in this Agreement and must be submitted
on the Request for Payment form provided in Exhibit "G." Payment may be
withheld for failure of CITY to comply with any term, condition, or requirement of
this Agreement.
4.9 CITY shall expend the HOME Funds allocated to the Project by the end of the
term of this Agreement. All HOME Funds not expended within the term of this
Agreement shall remain in the custody and control of COUNTY. CITY shall
ensure there is an expenditure of HOME Funds within twelve (12) months of
execution of this Agreement by the Parties, and thereafter, every ninety (90)
days, wherever possible.
4.10 COUNTY may suspend payment under this Agreement for any of the following
events:
4.5.4 CITY shall submit to COUNTY a certified copy of all Subcontractor
invoices for the Project indicating the services, work, activities, or
materials for which it is invoicing.
4.5.5 CITY's administrator or the administrator's authorized representative shall
certify that the services, work, activities, or materials being invoiced has
been received or completed.
4.5.6 Upon submittal of the final invoice for reimbursement of eligible Project
expenditures made during the term of this Agreement, CITY shall provide
COUNTY with a final and complete Monthly Progress Report, utilizing the
form provided in Exhibit "D."
4.6 Following receipt of invoices and supporting documentation, as described in
Section 4.3, the Division shall review the invoices and supporting documentation
to determine whether the items invoiced have been received or completed and
that the invoiced items are proper for payment. Upon determination by the
Division that the items invoiced have been received or completed, the Division
shall make payment to CITY the amount it determines to be payable. Payment
for travel expenses, if any, shall be made in accordance with COUNTY
guidelines for travel reimbursement.
4.7 CITY shall not be entitled to payment by COUNTY for any invoices if received by
COUNTY later than sixty (60) days after expiration or earlier termination of this
Agreement; however, invoices for impact fees, if applicable, will be honored by
COUNTY for up to twelve (12) months after expiration or earlier termination of
this Agreement.
4.8 COUNTY shall pay CITY within thirty (30) calendar days from receipt of CITY's
Request for Payment for reimbursement of eligible Project expenses, in
accordance with COUNTY's Prompt Payment Ordinance, Section 1-51.6,
Broward County Code of Ordinances. To be deemed proper, all invoices must
comply with the requirements set forth in this Agreement and must be submitted
on the Request for Payment form provided in Exhibit "G." Payment may be
withheld for failure of CITY to comply with any term, condition, or requirement of
this Agreement.
4.9 CITY shall expend the HOME Funds allocated to the Project by the end of the
term of this Agreement. All HOME Funds not expended within the term of this
Agreement shall remain in the custody and control of COUNTY. CITY shall
ensure there is an expenditure of HOME Funds within twelve (12) months of
execution of this Agreement by the Parties, and thereafter, every ninety (90)
days, wherever possible.
4.10 COUNTY may suspend payment under this Agreement for any of the following
events:
4.10.1 Ineligible use of HOME Funds;
4.10.2 Failure to comply with the terms of this Agreement;
4.10.3 Failure to submit reports as required, including a favorable audit report;
4.10.4 Submittal of incorrect or incomplete reports in any material respect; and
4.10.5 Failure to comply with the indemnification obligations under this
Agreement.
In the event COUNTY elects to withhold payment to CITY pursuant to this
Section 4.10, COUNTY shall specify the action(s) that must be taken by CITY as
a condition precedent to resumption of payments, and should specify a
reasonable date for compliance.
4.11 CITY shall not request disbursement of HOME Funds under this Agreement until
the HOME Funds are needed for the payment of eligible costs under 24 CFR
Part 92.206, as applicable to the Project under this Agreement. Any requests by
CITY for disbursement of HOME Funds under this Agreement for the payment of
eligible costs shall be requested from COUNTY utilizing the Request for Payment
form provided in Exhibit "G."
4.12 If applicable, any Program Income, repayments, or recaptured funds, as
described in 24 CFR Part 92.503, hereinafter collectively referred to as
("Program Income"), received by CITY derived from the Project, after the
effective date of this Agreement, which was generated under this Agreement, or
any prior fiscal year HOME funding agreement with COUNTY, shall be returned
to COUNTY in accordance with the rules and regulations set forth in 24 CFR
Part 92.503 relating to Program Income under the HOME Program. Such
Program Income will be reallocated by COUNTY to CITY's home funding award
in COUNTY's next HOME funding cycle, minus Ten percent (10%) for HOME
Program administration by COUNTY. Program Income, as described in 24 CFR
Part 92.503, derived from the Project shall be accounted for by CITY and
reported to COUNTY utilizing the Monthly Progress Report set forth in
Exhibit "D."
4.13 Payments to CITY shall be sent to:
City of Tamarac
Attention: City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
M
4.14 Any documentation required under this Agreement shall be furnished to
COUNTY at the following address:
Suzanne Fejes, Acting Director
Broward County Housing Finance
and Community Redevelopment Division
110 N.E. 3rd Street, Third Floor
Fort Lauderdale, Florida 33301
4.15 At the sole discretion of the Division Director, unexpended HOME Funds not
provided to or reimbursed to CITY under the terms of this Agreement may be
reallocated by COUNTY to other HOME Program projects approved for funding
by the Board.
4.16 Any HOME Funds paid to CITY in excess of the amount to which CITY is finally
determined to be entitled to under this Agreement shall be repaid to COUNTY
within a reasonable period after demand, and if not paid, COUNTY may reduce
the debt by making an administrative offset against other requests for
reimbursements.
4.17 Subcontractors. CITY shall invoice all Subcontractor fees, whether paid on a
"lump sum" or other basis, to COUNTY with no markup. All Subcontractor fees
shall be billed in the actual amount paid by CITY.
4.18 Notwithstanding any provision of this Agreement to the contrary, COUNTY shall
not be required to reimburse CITY any HOME Funds under this Agreement, if
COUNTY is not able to obtain such funding from HUD for the payment of these
costs, and COUNTY may withhold, in whole or in part, payment to the extent
necessary to protect itself from loss on account of inadequate or defective work
which has not been remedied or resolved in a manner satisfactory to the
Contract Administrator or failure to comply with this Agreement. The amount
withheld shall not be subject to payment of interest by COUNTY.
4.19 Notwithstanding any provision in this Agreement to the contrary, in the event
COUNTY is required to repay HUD any HOME funding received from HUD for
the Project, pursuant to any repayment requirements set forth in 24 CFR Part 92,
or any other applicable Rules and Regulations of HUD, CITY may be required to
repay COUNTY such HOME Funds in accordance with the repayment provisions
set forth in Section 8.5 of this Agreement.
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ARTICLE 5 - LIABILITY AND INDEMNIFICATION
5.1 CITY is a state agency under Section 768.28, Florida Statutes, and shall be fully
responsible for 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
Agreement or any other contract.
5.2 In the event CITY contracts with a Subcontractor to perform any work or activities
for the Project, any contract with such Subcontractor shall include the following
provisions, in substantially the form provided below:
5.2.1 To the fullest extent permitted by law, Contractor shall at all times
hereafter indemnify, hold harmless and defend Broward County and all of
Broward County's current and former officers, agents, servants, and
employees (collectively "Indemnified Party") from and against any and all
causes of action, demands, claims, losses, liabilities and expenditures of
any kind, including attorney fees, court costs, and expenses (collectively,
a "Claim"), raised or asserted by any person or entity not a party to this
Agreement, which Claim is caused or alleged to be caused, in whole or in
part, by any intentional, reckless, or negligent act or omission of,
Contractor, its current or former officers, employees, agents, or servants,
arising from, resulting to, or in connection with this Agreement. In the
event any Claim is brought against an Indemnified Party, Subcontractor
shall, upon written notice from Broward County, defend each Indemnified
Party against each such Claim by counsel satisfactory to Broward County,
or at Broward County's option, pay for an attorney selected by the County
Attorney to defend the Indemnified Party. The obligations of this section
shall survive the expiration or earlier termination of this Agreement.
ARTICLE 6 - INSURANCE
6.1 CITY is a state agency under Section 768.28, Florida Statutes, and shall furnish
the Contract Administrator with written verification of liability protection in
accordance with state law prior to final execution of this Agreement. In the event
CITY elects to purchase excess liability coverage, Broward County, shall be
named as an additional insured and certificate holder under said policy, and
COUNTY shall be notified of said coverage and provided evidence of same.
6.2 In the event CITY contracts with a Subcontractor, to provide any of the work or
activities set forth herein, the contract shall require the Subcontractor, at a
minimum, to maintain in full force and effect, at Subcontractor's sole cost and
expense, during the term of the contract, insurance of the types and amounts as
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provided in Exhibit "I," Insurance Requirement, attached hereto, and name
Broward County as an additional insured.
ARTICLE 7 - ASSURANCES AND CERTIFICATIONS
7.1 CITY shall comply with all applicable federal, state, and county laws, ordinances,
codes, and regulations relating to the use of HOME Funds including, but not
limited to, the Rules and Regulations of HUD, and requirements which may be
imposed by the HOME Consortium. Any conflict or inconsistency between the
any federal, state, or county regulations and this Agreement shall be resolved in
favor of the more restrictive regulations.
7.2 CITY shall establish safeguards to prohibit employees from using positions for a
purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other association.
7.3 CITY shall comply with the requirements set forth in the Division's "Procedures
Manual for Subrecipients," as may be amended from time to time, and
incorporated herein by reference. COUNTY will provide CITY with a copy of the
manual and any amendments thereto.
7.4 CITY shall not use HOME Funds to support or engage in any explicitly religious
activities including, but not limited to, activities that involve overt religious content
such as worship, religious instruction, or proselytization, as further described in
24 CFR Part 92.257 and 24 CFR Part 5.109.
7.5 CITY certifies, to the best of its knowledge and belief, that:
7.5.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of CITY, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
7.5.2 If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Agreement, CITY shall complete and submit to
COUNTY Standard Form - LLL, "Disclosure Form to Report Lobbying," set
forth in Appendix B to 24 CFR Part 87, in accordance with its instructions.
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7.5.3 The language of this Section 7.5 shall be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and all
subgrantees shall be required to certify and disclose accordingly.
7.6 CITY shall comply with the requirements set forth in 24 CFR Subtitle A, Part 92
and 24 CFR Part 5, as applicable to the Project, including, but not limited to, the
following:
7.6.1 Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et
seq.), and implementing regulations at 24 CFR Part 1, which prohibit
discrimination of persons on the basis of race, color, or national origin,
including, but not limited to, exclusion from participation in, being denied
the benefits of, or being otherwise subjected to discrimination under any
program or activity for which CITY receives federal financial assistance.
7.6.2 Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended by
the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), and
implementing regulations at 24 CFR Part 100 et seq., which prohibits
discrimination of persons on the basis of race, color, religion, sex, and
national origin in housing practices.
7.6.3 Executive Order 11063, as amended by Executive Order 12259 (Equal
Opportunity in Housing Programs), and implementing regulations at
24 CFR Part 107.
7.6.4 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.),
and the implementing regulations set forth in 24 CFR Part 146, which
prohibit discrimination of persons on the basis of age under any program,
or activity for which CITY receives federal financial assistance.
7.6.5 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the
implementing regulations set forth in 24 CFR Part 8, which prohibit
discrimination of qualified individuals with disabilities in participating in, or
receiving benefits and services under any program or activity for which
CITY receives financial federal assistance.
7.6.6 Architectural
Barriers Ac
implementing
regulations
certain federally funded
constructed,
or altered
accessibility
to, and u
applicable.
of 1968 (42 U.S.C. 4151 et seq.), and the
set forth in 24 CFR Part 40, which require
buildings and other facilities to be designed,
in accordance with standards that ensure
;e by, physically handicapped persons, as
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7.6.7 Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.), which prohibit discrimination of individuals on
the basis of race, color, sex, national origin, religion, or age.
7.6.8 Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701 u, and the implementing regulations set forth in 24 CFR Part 135, as
applicable), which provides for training, employment, contracting, and
other economic opportunities for low and very low-income persons.
[See also Section 7.10 below, if applicable.]
7.6.9 24 CFR Part 92.354, Labor, and the Davis -Bacon Act (40 U.S.C. 3141),
which relates to all laborers and mechanics employed in the development
of any part of the housing, and requires contracts to be subject to the
overtime provisions, as applicable, set forth in the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3701).
7.6.10 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352
and implementing regulations and restrictions on lobbying set forth in
24 CFR Part 87; and the requirements for funding competitions
established by the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3531 et seq.).
7.6.11 The prohibitions set forth in 2 CFR Parts 180 and 2424 relating to the use
of debarred, suspended, or ineligible contractors and participants.
7.6.12 The Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq.), and the
implementing regulations set forth in 2 CFR Part 2429.
7.7 CITY shall comply with the applicable requirements under 24 CFR Part 5,
Subpart L, in order to afford persons assisted with HOME Funds the protections
required under the Violence Against Women Reauthorization Act of 2013
("VAWA") (Public Law 113-4, originally codified in part at 42 U.S.C.
Sections 13701 through 14040), which provides, in part the following:
Notification of Occupancy Rights to applicants for housing and tenants, in
accordance with 24 CFR Part 5.2005(a); construction of lease terms and terms
of assistance to avoid unwarranted determinations that a lease has been violated
or needs to be terminated, in accordance with 24 CFR Part 5.2005(c); and
adoption of an Emergency Transfer Plan to enable appropriate tenant transfers
to other units without undue procedural constraints, in accordance with 24 CFR
Part 5.2005(e) and 24 CFR Part 92, Subpart H, 92.359, as applicable.
7.8 CITY shall comply with the recordkeeping and reporting requirements under this
Agreement and 24 CFR Parts 5.168, 91.520(e), and 92.508, as applicable, to
enable COUNTY to comply with its recordkeeping and reporting requirements set
forth in 24 CFR Parts 92.508 and 2 CFR Part 200.
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7.9 In addition to the audit rights, and retention of records requirements set forth in
Section 12.4, CITY shall provide COUNTY, HUD, and the United States
Comptroller General, through any of their duly authorized representatives,
access to any books, documents, papers, and records of CITY, or its
Subcontractors providing Project services under this Agreement, which are
directly pertinent to this Agreement for the purpose of making audit, examination,
excerpts, and transcriptions. The rights of access granted under this Section 7.9
shall not be limited to the required retention of records period set forth in Section
12.4, and shall remain in effect for as long as the records are retained.
7.10 CITY shall comply with Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to
ensure that employment and other economic opportunities generated by HUD
assistance or HUD -assisted projects covered by Section 3 shall, to the greatest
extent feasible, be directed to low- and very low-income persons, particularly
persons who are recipients of HUD assistance for housing. CITY shall comply
with 24 CFR Part 135.34, relating to preferences for Section 3 residents in
training and employment opportunities, 24 CFR Part 135.3(a)(3)(ii)), relating to
applicability and thresholds for Section 3 covered housing and community
development assistance, 24 CFR 135.34(2), relating to preference for Section 3
residents in training and employment opportunities, and 24 CFR 135.36(a)(2),
relating to preferences for Section 3 business concerns in contracting
opportunities, as applicable. In the event CITY enters into an agreement with a
Subcontractor to perform any services under this Agreement in excess of
$100,000, CITY must include the Section 3 clause found at 24 CFR Part 135.38
verbatim in all Section 3 covered contracts, requests for proposals, and any other
solicitations.
ARTICLE 8 - FINANCIAL RESPONSIBILITY
8.1 CITY shall comply with the requirements, standards, and the applicable
provisions set forth in 2 CFR Part 200, "Uniform Administrative Requirements,
Costs Principles, and Audit Requirements for Federal Awards."
8.2 CITY shall comply with the audit requirements set forth in 2 CFR Part 200,
Subpart F, "Audit Requirements," and any revisions, as applicable. The audit
required under 2 CFR Part 200 must be filed with COUNTY within one hundred
twenty (120) days after the close of the fiscal year of CITY. All HOME Funds
provided by COUNTY should be shown via explicit disclosure in the annual
financial statements or the accompanying notes to the financial statements.
8.3 CITY shall use HOME Funds provided by COUNTY only for eligible Project
activities specifically outlined in this Agreement.
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8.4 CITY shall budget and expend all HOME Funds provided by COUNTY under this
Agreement in accordance with the Division's "Procedures Manual for
Subrecipients," described in Section 7.3.
8.5 In addition to COUNTY's right to terminate this Agreement in accordance with
Article 10, CITY shall be required to repay to COUNTY, in COUNTY's sole
discretion, any HOME Funds determined by COUNTY to be ineligible for
reimbursement under the terms of this Agreement including, but not limited to, in
the following events:
8.5.1 Use of any HOME Funds for ineligible Project expenses or activities,
including any over payments by COUNTY.
8.5.2 Any HOME Funds expended by CITY, or any of its Subcontractors, in
violation of this Agreement.
In the event CITY is required to repay COUNTY any HOME Funds pursuant to
this Section 8.5, CITY shall repay such funds from nonfederal resources within
thirty (30) days of notice provided by COUNTY, and if not paid, COUNTY may, in
its sole discretion, elect to withhold payment on any subsequent request for
payment by CITY, or reduce CITY's obligation to repay COUNTY by making an
administrative offset against any request for payment. COUNTY, in its sole
discretion, may reallocate any funds CITY repays to COUNTY pursuant to the
terms of this Agreement to other eligible HOME projects. This provision shall
survive the expiration or earlier termination of this Agreement.
8.6 CITY shall disclose to COUNTY any and all third party funding, whether public or
private, for the Project. No COUNTY funding shall be used to supplant existing
third party funding.
8.7 Reversion of Assets. Upon expiration or earlier termination of this Agreement,
CITY shall transfer to COUNTY any HOME Funds, Program Income,
repayments, and recaptured funds on hand at the time of expiration or earlier
termination, and any accounts receivable attributable to the use of HOME Funds.
8.8 Withdrawal from the HOME Consortium.
8.8.1 In the event CITY elects to withdraw from the HOME Consortium in
subsequent three (3) year consortia qualifications periods, and CITY is
designated by HUD to be a HOME Participating Jurisdiction pursuant to
24 CFR Part 92, Subpart C, and receive HOME Funds to operate its own
HOME Program, COUNTY shall transfer to CITY on the effective date of
CITY's withdrawal from the HOME Consortium any recapture monies in its
possession, as provided in Section 4.11, that are attributable to CITY's
HOME funding allocation. In this event, upon transfer of the HOME Funds
to CITY, CITY shall assume all obligations and responsibilities attributable
to such HOME Funds.
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8.8.2 In the event CITY elects to withdraw from the HOME Consortium in
subsequent three (3) year consortia qualifications periods, and CITY is not
designated by HUD as a HOME Participating Jurisdiction pursuant to
24 CFR Part 92, Subpart C, CITY shall transfer to COUNTY, within sixty
(60) days of the effective date of CITY's withdrawal from the HOME
Consortium, any recapture monies in its possession, as provided in
Section 4.11, that are attributable to CITY's HOME funding allocation
during the period of time CITY was a HOME Consortium member. In this
event, COUNTY shall retain all obligations and responsibilities attributable
to such HOME Funds.
8.8.3 In the event CITY elects to withdraw from the HOME Consortium as
provided in this section, and if the applicable three (3) year consortia
qualification period overlaps with the term of this Agreement, CITY shall
provide COUNTY with notice of termination of this Agreement for
convenience as provided in Article 10, and CITY shall transfer to COUNTY
any recapture monies in its possession, as provided in Section 4.11, that
are attributable to CITY's HOME funding allocation during the period of
time CITY was a member of the HOME Consortium within sixty (60) days
of termination of this Agreement.
8.9 Affirmative Marketing Policy. CITY shall comply with 24 CFR Part 92.351,
Affirmative marketing; minority outreach program, and the Affirmative Marketing
Policy, set forth in Exhibit "E," as it relates to marketing the Project to Income
Eligible Households.
ARTICLE 9 - TERM OF AGREEMENT
The term of this Agreement shall commence retroactively to October 1, 2016,
and shall end September 30, 2019, as further described in Exhibit "C,"
Timetable/Schedule for Project, unless terminated earlier or extended pursuant to the
terms of this Agreement. CITY must have committed funds by September 1, 2018.
CITY shall expend the HOME Funds allocated to the Project within the term of this
Agreement. CITY may submit a written request for an extension to the term of this
Agreement to the Division Director no less than one hundred twenty (120) days prior to
the expiration date. In the event the Division Director approves an extension to the term
of this Agreement, the Parties shall enter into an amendment as provided in
Section 12.18.
ARTICLE 10 -TERMINATION
10.1 This Agreement is subject to the availability of HOME funding from HUD. In the
event HUD terminates, suspends, discontinues, or substantially reduces the
HOME funding for the Project activity under this Agreement, COUNTY may
terminate this Agreement upon CITY's receipt from COUNTY of no less than
Twenty-four (24) hours' notice. COUNTY shall be the final authority as to the
availability of HOME Funds.
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10.2 Termination for Cause.
10.2.1 This Agreement may be terminated for cause by COUNTY, at the
discretion of and through the County Administrator, if CITY fails to comply
with any terms under this Agreement and has not corrected the breach
within five (5) days after receipt of written notice from COUNTY identifying
the breach. Any notice of termination provided by COUNTY pursuant to
this Section 10.2.1 shall also provide CITY with an opportunity to appeal
the action, and a copy of the appeal process shall be attached to the
notice. CITY shall file an appeal within five (5) days of receipt of
COUNTY's notice of termination.
10.2.2 Termination for cause by COUNTY may include, but is not limited to,
CITY's failure to commence work on the Project, as set forth in Exhibit "C,"
Timetable/Schedule for Project, within ninety (90) days from the date of
complete execution of this Agreement by the Parties, repeated (whether
negligent or intentional) submission for payment of false or incorrect bills
or invoices, failure to suitably perform the work, failure to continuously
perform the work in a manner calculated to meet or accomplish the
objectives under this Agreement, failure to repay COUNTY as provided in
Section 8.5, or contracting with a Subcontractor to provide any Project
services under this Agreement who has been debarred, suspended, or is
otherwise excluded from, or ineligible for participation in, any federal
assistance program subject to 2 CFR Part 2424. The Agreement may also
be terminated for cause if CITY is placed on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List created pursuant to
Section 215.473, Florida Statutes, or if CITY provides a false certification
submitted pursuant to Section 287.135, Florida Statutes.
10.2.3In the event this Agreement is terminated by COUNTY for cause, CITY
shall repay to COUNTY any HOME Funds determined by COUNTY to be
due in accordance with Section 8.5. COUNTY may, in its sole discretion,
reduce CITY's obligation to repay COUNTY by making an administrative
offset against any requests by CITY for payment up to the effective date of
termination as provided in Section 10.4.
10.3 Termination for Convenience. This Agreement may be terminated for
convenience by either party, which termination date shall be not less than thirty
(30) days after the date of such written notice. Termination for convenience for
COUNTY shall be by the Board. This Agreement may also be terminated by the
County Administrator upon such notice as the County Administrator deems
appropriate under the circumstances in the event the County Administrator
determines that termination is necessary to protect the public health, safety, or
welfare. If COUNTY erroneously, improperly, or unjustifiably terminates for
cause, such termination shall be deemed a termination for convenience, which
shall be effective thirty (30) days after such notice of termination for cause is
provided.
10.4 In the event this Agreement is terminated for any reason, COUNTY will
reimburse CITY upon receipt of a Request for Payment utilizing the form
provided in Exhibit "G," for documented and committed eligible Project expenses
in accordance with the terms of this Agreement and Exhibit "B," Costs/Budget for
Project, incurred by CITY prior to the effective date of termination of this
Agreement. For purposes of this Agreement, documented and committed eligible
Project expenses means any verifiable committed expense including, but not
limited to, a Purchase Order for payment of materials and supplies, executed by
CITY or a Subcontractor on CITY's behalf, for Project activities under this
Agreement. However, CITY shall not encumber any HOME Funds under this
Agreement after either party provides written notice of termination to the other
party. Any payment by COUNTY pursuant to this Section 10.4 is subject to the
repayment provisions in Section 8.5.
10.5 Notice of suspension or termination of this Agreement shall be provided in
accordance with the "NOTICES" section of this Agreement except that notice of
termination by the County Administrator, which the County Administrator deems
necessary to protect the public health, safety, or welfare may be verbal notice
that shall be promptly confirmed in writing in accordance with the "NOTICES"
section of this Agreement.
10.6 In the event CITY elects to terminate this Agreement, or withdraw from the
HOME Consortium in accordance with the provisions set forth in 24 CFR Part 92,
Subpart C, CITY shall not be entitled to receive any unused portion of the HOME
funding allocated to CITY.
10.7 In the event this Agreement is terminated for any reason, any amounts due CITY
shall be withheld by COUNTY until all documents are provided to COUNTY
pursuant to Section 12.1 of Article 12.
ARTICLE 11 - NOTICES
In order for a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below and shall be effective upon mailing. The addresses for notice
shall remain as set forth herein unless and until changed by providing notice of such
change in accordance with the provisions of this Article.
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FOR COUNTY:
Suzanne Fejes, Acting Director
Broward County Housing Finance
and Community Redevelopment Division
110 N.E. 3rd Street, Third Floor
Fort Lauderdale, Florida 33301
Email address: sfejes@broward.org
FOR CITY:
City of Tamarac
Attention: City Manager
7525 Northwest 881" Avenue
Tamarac, Florida 33321
E-mail address: michael.cernech@tamarac.org
ARTICLE 12 - MISCELLANEOUS
12.1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents
provided or created in connection with this Agreement are and shall remain the
property of COUNTY, and, if a copyright is claimed, CITY grants to COUNTY and
the Federal Government a non-exclusive, royalty free, and irrevocable license to
use the copyrighted item(s) indefinitely, to prepare derivative works, and to make
and distribute copies to the public. In the event of termination of this Agreement,
any reports, photographs, surveys, and other data and documents prepared by
CITY, whether finished or unfinished, shall become the property of COUNTY
including, but not limited to, any patent rights with respect to any discovery or
invention which arises or is developed in the course of or under this Agreement,
and shall be delivered by CITY to the Contract Administrator within seven (7)
days of termination of this Agreement by either party. Any compensation due to
CITY shall be withheld until all documents are received as provided herein. CITY
shall ensure that the requirements of this section are included in all agreements
with its Subcontractor(s).
12.2 EQUAL EMPLOYMENT OPPORTUNITY
No party to this Agreement may discriminate on the basis of race, color, sex,
religion, national origin, disability, age, marital status, political affiliation, sexual
orientation, pregnancy, or gender identity and expression in the performance of
this Agreement.
CITY shall include the foregoing or similar language in its contracts with any
Subcontractors, except that any project assisted by the U.S. Department of
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Transportation funds shall comply with the non-discrimination requirements in
49 CFR Parts 23 and 26.
Failure by CITY to carry out any of the requirements of this section shall
constitute a material breach of this Agreement, which shall permit COUNTY to
terminate this Agreement or to exercise any other remedy provided under this
Agreement, Broward County Code of Ordinances, Broward County
Administrative Code, or under other applicable law, all such remedies being
cumulative.
By execution of this Agreement, CITY represents that it has not been placed on
the discriminatory vendor list as provided in Section 287.134, Florida Statutes.
COUNTY hereby materially relies on such representation in entering into this
Agreement. An untrue representation of the foregoing shall entitle COUNTY to
terminate this Agreement and recover from CITY all monies paid by COUNTY
pursuant to this Agreement, and may result in debarment from COUNTY's
competitive procurement activities.
12.3 PUBLIC RECORDS
To the extent CITY is acting on behalf of COUNTY as stated in
Section 119.0701, Florida Statutes, CITY shall:
a. Keep and maintain public records required by COUNTY to perform the
services under this Agreement;
b. Upon request from COUNTY, provide COUNTY with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time and at a cost that does not exceed that provided in
Chapter 119, Florida Statutes, or as otherwise provided by law;
C. Ensure that public records that are exempt or confidential and exempt
from public record requirements are not disclosed except as authorized by
law for the duration of this Agreement and following completion of this
Agreement if the records are not transferred to COUNTY; and
d. Upon completion of this Agreement, transfer to COUNTY, at no cost, all
public records in possession of CITY upon termination of this Agreement
or keep and maintain public records required by COUNTY to perform the
services. If CITY transfers the records to COUNTY, CITY shall destroy
any duplicate public records that are exempt or confidential and exempt. If
CITY keeps and maintains public records upon completion of this
Agreement, CITY shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to
COUNTY upon request in a format that is compatible with the information
technology systems of COUNTY.
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The failure of CITY to comply with the provisions of this section shall constitute a
material breach of this Agreement entitling COUNTY to exercise any remedy
provided in this Agreement or under applicable law.
A request for public records regarding this Agreement must be made directly to
COUNTY, who will be responsible for responding to any such public records
requests. CITY will provide any requested records to COUNTY to enable
COUNTY to respond to the public records request.
Any material submitted to COUNTY that CITY contends constitutes or contains
trade secrets or is otherwise exempt from production under Florida public records
laws (including Florida Statutes Chapter 119) ("Trade Secret Materials") must be
separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC
RECORD PRODUCT — TRADE SECRET." In addition, CITY must, simultaneous
with the submission of any Trade Secret Materials, provide a sworn affidavit from
a person with personal knowledge attesting that the Trade Secret Materials
constitute trade secrets under Florida Statutes Section 812.081 and stating the
factual basis for same. In the event that a third party submits a request to
COUNTY for records designated by CITY as Trade Secret Materials, COUNTY
shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered
by a court of competent jurisdiction or authorized in writing by CITY. CITY shall
indemnify and defend COUNTY and its employees and agents from any and all
claims, causes of action, losses, fines, penalties, damages, judgments and
liabilities of any kind, including attorneys' fees, litigation expenses, and court
costs, relating to the non -disclosure of any Trade Secret Materials in response to
a records request by a third party.
IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CITY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (954) 357-4900,
sfejes@broward.org, 110 N.E. 3rd STREET - THIRD FLOOR, FORT
LAUDERDALE, FLORIDA 33301.
12.4 AUDIT RIGHTS, AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of CITY
and its Subcontractors that are related to this Agreement. CITY and its
Subcontractors shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this
Agreement and performance thereunder. All books, records, and accounts of
CITY and its Subcontractors shall be kept in written form, or in a form capable of
conversion into written form within a reasonable time, and upon request to do so,
CITY, or its Subcontractor, as applicable, shall make same available at no cost to
COUNTY in written form.
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In accordance with the minimum required retention period set forth in 24 CFR
Part 92.508, related to recordkeeping, CITY and its Subcontractors shall
preserve and make available, at reasonable times for examination and audit by
COUNTY, all financial records, supporting documents, statistical records, and
any other documents pertinent to this final Monthly Progress Report utilizing
Exhibit "D" for the completion/close-out of the funding period associated with the
term of this Agreement, or until resolution of any audit findings, whichever is
longer. COUNTY audits and inspections pursuant to this section may be
performed by any COUNTY representative (including any outside representative
engaged by COUNTY). COUNTY reserves the right to conduct such audit or
review at CITY's place of business, if deemed appropriate by COUNTY, with
seventy-two (72) hours' advance written notice.
Any incomplete or incorrect entry in such books, records, and accounts shall be a
basis for COUNTY's disallowance and recovery of any payment upon such entry
If an audit or inspection in accordance with this section discloses overpricing or
overcharges to COUNTY of any nature by CITY in excess of five percent (5%) of
the total contract billings reviewed by COUNTY, the reasonable actual cost of
COUNTY's audit shall be reimbursed to COUNTY by CITY in addition to making
adjustments for the overcharges. Any adjustments and/or payments due as a
result of such audit or inspection shall be made within thirty (30) days from
presentation of COUNTY's findings to CITY.
CITY shall ensure that the requirements of this section are included in all
agreements with its Subcontractors.
12.5 TRUTH -IN -NEGOTIATION REPRESENTATION
CITY's compensation under this Agreement is based upon representations
supplied to COUNTY by CITY, and CITY certifies that the information supplied,
including without limitation in the negotiation of this Agreement, is accurate,
complete, and current at the time of contracting. COUNTY shall be entitled to
recover any damages it incurs to the extent such representation is untrue.
12.6 PUBLIC ENTITY CRIME ACT
CITY represents that it is familiar with the requirements and prohibitions under
the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents
that its entry into this Agreement will not violate that Act. In addition to the
foregoing, CITY further represents that there has been no determination that it
committed a "public entity crime" as defined by Section 287.133, Florida
Statutes, and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or
whether CITY has been placed on the convicted vendor list. Notwithstanding any
provision in this Agreement to the contrary, if any representation stated in this
Section is false, COUNTY shall have the right to immediately terminate this
Agreement and recover all HOME Funds paid to CITY under this Agreement.
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12.7 INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. In providing Services
under this Agreement, neither CITY nor its agents shall act as officers,
employees, or agents of COUNTY. CITY shall not have the right to bind
COUNTY to any obligation not expressly undertaken by COUNTY under this
Agreement.
12.8 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party
by this Agreement. Therefore, the Parties acknowledge that there are no third
party beneficiaries to this Agreement and no third party shall be entitled to assert
a claim against either of them based upon this Agreement.
12.9 ASSIGNMENT AND PERFORMANCE
Except for subcontracting approved in writing by COUNTY at the time of its
execution of this Agreement or any written amendment hereto, neither this
Agreement nor any right or interest herein may be assigned, transferred,
subcontracted, or encumbered by CITY without the prior written consent of
COUNTY. If CITY violates this provision, COUNTY shall have the right to
immediately terminate this Agreement. CITY represents that each person and
entity that will provide services under this Agreement is duly qualified to perform
such services by all appropriate governmental authorities, where required, and is
sufficiently experienced and skilled in the area(s) for which such person or entity
will render services. CITY agrees that all services under this Agreement shall be
performed in a skillful and respectful manner, and that the quality of all such
services shall equal or exceed prevailing industry standards for the provision of
such services.
12.10 CONFLICT OF INTEREST
CITY shall comply with the requirements set forth in 24 CFR Part 92.356 relating
to the Conflict of Interest provisions. Any possible conflicting interest on the part
of CITY, its officers, employees, or agents, shall be disclosed in writing to the
Division.
12.11 CONFLICTS
Neither CITY nor its employees shall knowingly have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CITY's loyal and conscientious exercise of
judgment and care related to its performance under this Agreement. None of
CITY's officers or employees shall, during the term of this Agreement, serve as
an expert witness against COUNTY in any legal or administrative proceeding in
-24-
which he, she, or CITY is not a party, unless compelled by court process.
Further, such persons shall not give sworn testimony or issue a report or writing,
as an expression of his or her expert opinion, which is adverse or prejudicial to
the interests of COUNTY in connection with any such pending or threatened
legal or administrative proceeding unless compelled by court process. The
limitations of this section shall not preclude CITY or any persons in any way from
representing themselves, including giving expert testimony in support thereof, in
any action or in any administrative or legal proceeding. CITY shall not be in
violation of this paragraph unless it has actual knowledge of such conduct of its
officers or employees.
In the event CITY is permitted pursuant to this Agreement to utilize
Subcontractors to perform any services required by this Agreement, CITY shall
require such Subcontractors, by written contract, to comply with the provisions of
this section to the same extent as CITY.
12.12 MATERIALITY AND WAIVER OF BREACH
Each requirement, duty, and obligation set forth herein was bargained for at
arm's-length and is agreed to by the Parties. Each requirement, duty, and
obligation set forth herein is substantial and important to the formation of this
Agreement, and each is, therefore, a material term hereof. COUNTY's failure to
enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
12.13 COMPLIANCE WITH LAWS
CITY shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
12.14 SEVERABILITY
In the event any part of this Agreement is found to be unenforceable by any court
of competent jurisdiction, that part shall be deemed severed from this Agreement
and the balance of this Agreement shall remain in full force and effect.
12.15 JOINT PREPARATION
This Agreement has been jointly prepared by the Parties hereto, and shall not be
construed more strictly against either party.
-25-
12.16 INTERPRETATION
The headings contained in this Agreement are for reference purposes only and
shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and
the singular shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer
to this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to
the Section or Article as a whole, including all of the subsections of such Section,
unless the reference is made to a particular subsection or subparagraph of such
Section or Article.
12.17 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement,
or provision of any document or exhibit attached hereto or referenced or
incorporated herein and any provision of Articles 1 through 12 of this Agreement,
the provisions contained in Articles 1 through 12 shall prevail and be given effect.
In the event there is a conflict between any provisions set forth in this Agreement
and a more stringent state or federal provision which is applicable to any services
performed under this Agreement, the more stringent state or federal provision
shall prevail.
12.18 AMENDMENTS
The Parties may amend this Agreement to conform to changes in federal, state,
or local laws, regulations, directives, and objectives. No modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Board and CITY or
others delegated authority to or otherwise authorized to execute same on their
behalf. The County Administrator shall be authorized to execute amendments
that extend the term of the Agreement or that change the Project, so long as the
Project consists of eligible activities for the type of Project under 24 CFR Part 92.
The Division Director shall be authorized to approve, in writing, line item budget
changes to the information set forth in Exhibit "B," Costs/Budget for Project,
during the term of this Agreement and for sixty (60) days after expiration or
earlier termination of this Agreement, as provided in Section 4.7 of this
Agreement, in order to reconcile CITY's expenditures of HOME Funds, provided
such changes do not result in an increase in the HOME Funds set forth in
Section 4.1 of this Agreement, and Exhibit "B." The written document from the
Division Director approving such changes shall be deemed incorporated into this
Agreement.
-26-
12.19 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. The Parties agree that the exclusive
venue for any lawsuit arising from, related to, or in connection with this
Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and
for Broward County, Florida. If any claim arising from, related to, or in connection
with this Agreement must be litigated in federal court, the Parties agree that the
exclusive venue for any such lawsuit shall be in the United States District Court
or United States Bankruptcy Court for the Southern District of Florida. BY
ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A
PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A
LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE
BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY
MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE
REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN
CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS
SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
12.20 PRIOR AGREEMENTS
This Agreement represents the final and complete understanding of the Parties
regarding the subject matter hereof and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter.
There is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document.
12.21 PAYABLE INTEREST
12.21.1 Payment of Interest. COUNTY shall not be liable to pay any interest to
CITY for any reason, whether as prejudgment interest or for any other
purpose, and in furtherance thereof CITY waives, rejects, disclaims and
surrenders any and all entitlement it has or may have to receive interest
in connection with a dispute or claim arising from, related to, or in
connection with this Agreement. This paragraph shall not apply to any
claim for interest, including for post -judgment interest, if such application
would be contrary to applicable law.
12.21.2 Rate of Interest. If, for whatever reason, the preceding subsection is
determined to be invalid or unenforceable by a court of competent
jurisdiction, the annual rate of interest payable by COUNTY under this
Agreement, whether as prejudgment interest or for any other purpose,
shall be, to the full extent permissible under applicable law, 0.25% (one
quarter of one percent) simple interest (uncompounded).
-27-
12.22 INCORPORATION BY REFERENCE
Any and all Recital clauses stated above are true and correct and are
incorporated herein by reference. The attached Exhibits "A" - "I" are incorporated
into and made a part of this Agreement. The Rules and Regulations of HUD and
any other HUD regulations addressed in this Agreement which are not
specifically identified in the definition contained in Section 1.14 shall be
incorporated herein by reference.
12.23 LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law and clause required by law to be inserted in
this Agreement shall be deemed to be inserted herein, and this Agreement shall
be read and enforced as though it were included herein and if, through mistake
or otherwise, any such provision is not inserted or is not correctly inserted, then
upon application of either party, this Agreement shall be amended to make such
insertion.
12.24 SURVIVAL
Either party's right to monitor, evaluate, enforce, audit and review, any
obligations to indemnify and insure, any assurances and certifications, and items
of financial responsibility shall survive the expiration or earlier termination of this
Agreement. Any provision of this Agreement which contains a restriction or
requirement which extends beyond the date of termination or expiration set forth
herein shall survive expiration or earlier termination of this Agreement and be
enforceable.
12.25 FURTHER ASSURANCE
The Parties shall execute, acknowledge, deliver, and cause to be done,
executed, acknowledged, and delivered all such further documents, and perform
such acts as shall reasonably be requested of it to carry out this Agreement and
give effect hereto. Accordingly, without in any manner limiting the specific rights
and obligations set forth in this Agreement, the Parties intend to cooperate with
each other in effecting the terms of this Agreement.
12.26 TIME IS OF THE ESSENCE
Time is of the essence in performing the duties, obligations, and responsibilities
required by this Agreement.
MNM
12.27 SPECIFIC PERFORMANCE
In addition to all other remedies, CITY's obligations contained herein shall be
subject to the remedy of specific performance by appropriate action commenced
in a court of competent jurisdiction.
12.28 FORCE MAJEURE
If the performance of this Agreement, or any obligation hereunder is prevented
by reason of hurricane, earthquake, or other casualty caused by nature, or by
labor strike, war, or by a law, order, proclamation, regulation, ordinance of any
governmental agency, the party so affected, upon giving prompt notice to the
other party, shall be excused from such performance to the extent of such
prevention, provided that the party so affected shall first have taken reasonable
steps to avoid and remove such cause of non-performance and shall continue to
take reasonable steps to avoid and remove such cause, and shall promptly notify
the other party in writing and resume performance hereunder whenever such
causes are removed; provided, however, that if such non-performance exceeds
sixty (60) days, the party that is not prevented from performance by the force
majeure event shall have the right to terminate this Agreement upon written
notice to the party so affected. This section shall not supersede or prevent the
exercise of any right the Parties may otherwise have to terminate this
Agreement.
12.29 COUNTY BUSINESS ENTERPRISE PROGRAM
COUNTY has established a policy relating to County Business Enterprise
("CBE") program participation in all COUNTY contracts. Although this Agreement
does NOT have assigned CBE goals, CITY shall comply with the procurement
standards set forth in 2 CFR Part 200.321.
12.30 REPRESENTATION OF AUTHORITY
Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute
this Agreement on behalf of such party and does so with full legal authority.
12.31 DESIGNATED REPRESENTATIVE
CITY's Designated Representative under this Agreement is the City Manager.
-29-
12.32 COUNTERPARTS AND MULTIPLE ORIGINALS
This Agreement may be executed in multiple originals, and may be executed in
counterparts, each of which shall be deemed to be an original, but all of which,
taken together, shall constitute one and the same agreement.
[The remainder of the page is intentionally left blank.]
-30-
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Agreement: BROWARD COUNTY, through the County Administrator, authorized to
execute same by action of the Board on May 24, 2016, and CITY OF TAMARAC,
signing by and through its Mayor duly authorized to execute same.
WITNESSES:
Signature
Print Name
Signature
Print Name
Insurance requirements
approved by Broward County
Risk Management Division
go
COUNTY
BROWARD COUNTY, through the
County Administrator
LIM
Bertha Henry
day of
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
as
2017
Signature (Date) Patrice M. Eichen (Date)
Assistant County Attorney
Print Name and Title above
PME:dp
HOME ILA TAMARAC Housing Rehabilitation
08/23/ 17
#17-129.12
-31-
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING
REHABILITATION PROGRAM, FY 2016-2017 FUNDING, IN THE AMOUNT OF
$82,910, AGREEMENT #: 16-HFCD-178-HOME
ATTEST:
= City Clerk
ESTABLIS
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CITY
-32-
CITY OF TA A C
By
Ma or
4-It r rz
Prin ype Name
day of L4 2017
B •r
` City Manager
Print/Type Name
2 r&" day of �cle'66pr , 2017
AppruCity
o form:
Lorney
EXHIBIT "A"
PROJECT DESCRIPTION
Fiscal Year: FY 2016-2017 Funding
Project Description: City of Tamarac Housing Rehabilitation - Minor Home Repair Program
HOME Funds Allocation: $82,910
Project Description: The HOME Funds in the amount of $82,910 provided by COUNTY to CITY
under the Agreement shall be used for Housing Rehabilitation - Minor Home Repair activities. A
minimum of two (2) Income Eligible Homeowners shall be assisted in an amount up to Forty
Thousand Dollars ($40,000) per homeowner, including all repair costs defined in the Agreement for
HOME Eligible Activities. Applicants will be processed by CITY on a first come, first served basis.
CITY's Program shall be administered in accordance with CITY's Local Housing Assistance Plan
(LHAP).
CITY shall ensure that each Income Eligible Homeowner assisted with HOME Funds under
the Agreement execute a Promissory Note and Mortgage in favor of COUNTY, which includes,
but is not limited to, the following requirements:
• The principal balance of the Forgivable Loan ("Loan") shall be forgiven each year in a mount
of 20% on the anniversary date of the Loan following the eleventh (11th) year of occupancy
of the property by an Income Eligible Household. Repayment of the Loan, when required,
shall be based upon the prorated principal balance for the remaining term of the Loan.
• 100% repayable to City during Years 1-10
• 20% reduction on principal balance during Years 11-15
• Loan position no lower than second
• Subordination policy, no lower than second position and no cash out permitted.
CITY will prepare and record all Mortgages and Promissory Notes in favor of COUNTY.
COUNTY will monitor all Mortgages and Promissory Notes recorded by CITY in favor of COUNTY.
COUNTY will prepare Subordination Agreements and Satisfactions of Mortgages, when requested
by the homeowner, and as appropriate.
CITY shall comply with HOME Rules and Regulations governing the Project, including, but not
limited to, the following:
• All rehabilitation shall be in compliance with applicable local codes and the Florida
Building Code in accordance with 24 CFR Part 92.251, Property Standards.
• Lead -based paint testing and abatement, as needed, in accordance with
24 CFR Part 92.355.
• Income Eligible Homeowner shall refer to a household with a maximum household
income less than 80% of COUNTY median.
• Federal procurement procedures set forth in 24 CFR Part 92.504(c)(4) are
applicable to the selection of the contractor.
• Ensure compliance with the recapture and affordability restrictions set forth in the
Agreement.
Page 1 of 1
EXHIBIT "B"
COSTS/BUDGET FOR PROJECT
FY 2016-2017
FUNDING SOURCE
CATEGORY HOME FUNDS TOTAL
A. Construction Costs $74,619 $74,619
B. Staff Cost (Service $ 8,291 $ 8,291
Delivery)
C. TOTALS $82,910 $82,910
Page 1 of 2
EXHIBIT "B"
COSTS/BUDGET FOR PROJECT
FY 2016-2017
(Continued)
A. Direct client subsidy: Cost of rehabilitation for a minimum of two
(2) Income Eligible Households at a maximum of $40,000 each = $74,619
B. Staff Costs: Service Delivery costs associated with implementing the project
= $8,291
C. Total HOME Funds available under Agreement = $82,910
Allowable Cost for U.S. HUD Share of Budget
Federal cost principles for grants and contracts with state and local governments are stated
in OMB Circular A-87 (relocated to 2 CFR Part 225), Cost Principles for State, Local and
Indian Tribal Governments. This document is an extensive and somewhat complicated
series of principles governing the allow ability of various types of costs under federal grants
and contracts. General information concerning the cost principles is summarized below.
The following types of costs are specifically unallowable:
(A) Advertising costs other than those associated with recruitment of personnel and
the solicitation of bids for goods and services.
(B) Bad debts.
(C) Contingencies.
(D) Contribution and donations.
(E) Entertainment.
(F) Fines and penalties.
(G) Interest.
(H) Losses on other grants or contracts.
Other costs include all types of direct costs not specified above. Normally, such costs
include space, telephone, utilities, printing, and other basic operating expenses.
Page 2 of 2
EXHIBIT "C"
TIMETABLE/SCHEDULE FOR PROJECT
FY 2016-2017 Funding
WORK TASKS
START-UP
COMPLETION
Identify and process Income
Eligible Households
October 1, 2016
April 30, 2019
Provide Monthly Progress Reports
to COUNTY
One month after execution
of Agreement by the
Parties
September 30, 2019
Commence Work Write -Ups
January 9, 2017
April 30, 2019
Commence Repairs
February 1, 2017
June 30, 2019
Repairs Completed
N/A
July 31, 2019
Final Invoice to COUNTY
N/A
August 31, 2019
Provide Close Out Report to
COUNTY
I N/A
September 30, 2019
Page 1 of 1
EXHIBIT "D"
MONTHLY PROGRESS REPORT
Period Covered: to
A. Project Information.
Date of Report:
Agency Name:
Person Preparing the Report:
Signature and Title:
Project Funding Year,
Title and IDIS Activity
Number:
Project Start -Up Date:
Project Completion Date:
Amended Completion Date:(if
applicable)
B.1 Project Cost.
Budget
Total
Total
Expenditures
Expenditures
Funds
Percentage
Up to Last
this Billing
Expended
Billing
To Date
Total Project
HOME Funds
$
$
$
$
%
Other Funding
(specify source
$
°
/°
below)
$
$
$
B.2
Declaration of Agency Budget Changes.
Program Income/Recapture-
Source of Program Income/Recapture:
B.3 Other Grant Awards.
Date(s):
Funding Source
Dollar Amount
B.4 Percent of Project Completed to date. %
Page 1 of 3
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(Continued)
C. 1 Describe specific work tasks and qualified accomplishments completed
this month:
Work Tasks
Status (i.e., underway, pending,
com leted
C.2 Describe success or problems encountered with the Project:
C.3 Anticipated problems or concerns with the Project: Please identify technical
assistance needed and/or requested from the Housing Finance and Community
Redevelopment Division staff.
CA Anticipated advertisements and/or other contractual services: If applicable,
has the Housing Finance and Community Redevelopment Division staff been
advised and appropriate steps taken to assure compliance?
D. Program Objectives:
Work Tasks
Projected
Yearly Total/
Performance
Monthly
Progress
Progress
Yr-To-
Date
Supporting
Documentation
Page 2 of 3
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(Continued)
DIRECT BENEFIT REPORT FORM
Please specify total number of persons or households (as applicable)
assisted/served since execution of the Agreement.
HOME Funded Artivitv Arrmmnliahmant Rannrt
Broward County Purchase Assistance Tracking
Subgrantee:
Acomplishment Period:
IDIS Activity
HOME
Funding Year
First Name
Last Name
Street Address
City
County
Zip Code
Number
Summary
Narrative
Energy Star
504Y N
Period of
Affordabili
Lead Paint: Year Built
Lead Paint
FHA
Insured
Counseling
First Time
Homebuver
From
Public
Housing
Assistance
Y N
Remediation
Y N
Type
Y N
Housin
Tvoe
Purchase
Price
HOME DPA
Other
Subsidies
Other Subsidies
Purchaser Cash
Private Loan
Amount
Amount
Amount
Bedrooms
Occupant
%Median
Income
Hispanic/Latino
Race
Household
T e
Assistance
Size
Type
Page 3 of 3
EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
A. AFFIRMATIVE MARKETING:
DISSEMINATION OF INFORMATION
The following methods shall be used to inform the public, owners, and potential tenants
about Federal Fair Housing Laws, compliance with 24 CFR 92.35, Affirmative Marketing;
minority outreach program, and the marketing policy of the Housing Finance and
Community Redevelopment Division.
From time to time, CITY shall canvass the eligible areas disseminating program and fair
housing information flyers to tenant associations, civic associations, public service
agencies, tenant groups, civic and fraternal organizations, churches, housing
counseling, consumer affairs, business and non-profit groups.
Public service announcements will be made on radio and television stations. Press
releases will be placed in newspapers and other publications circulated widely in target
areas.
The Equal Housing Opportunity logo will be used on all printed materials.
2. PRACTICES AND PROCEDURES
CITY must adhere to the following requirements and practices in order to carry out the
affirmative marketing policies of the Housing Finance and Community Redevelopment
Division.
Advertise in circulars and periodicals having wide distribution in target areas. Display
leaflets, brochures, and other printed materials containing the equal housing logo in
conspicuous locations at places frequented by potential tenants and persons least likely
to apply for the rental housing.
3. SPECIAL OUTREACH
CITY shall endeavor to notify the public of its programs by conducting special outreach
activities including, but not limited to, community organizations, places of worship,
employment centers, fair housing groups, and housing counseling agencies.
4. FAILURE TO COMPLY WITH REQUIREMENTS
Failure on the part of CITY to comply with the affirmative marketing requirements
provided herein, or to cure or remedy identified violations within thirty (30) days of
notification of violations by the Division shall result in suspension of undisbursed HOME
Funds under the Agreement.
Page 1 of 2
EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
(continued)
B. CIVIL RIGHTS
No person shall be discriminated upon based on race, color, sex, age, marital status,
disability, religion, or national origin in the rental, lease, sale, or use of the property to be
constructed with HOME Investment Partnerships Program (HOME) Funds obtained
through the HOME Program in accordance with Title VIII of the Civil Rights Act of 1968
(Fair Housing Act) and the Fair Housing Amendment Acts of 1988, 42 U.S.C. 3601 et
seq., and implementing regulations set forth in 24 CFR Parts 100, 103, and 104.
C. INTEREST OF PUBLIC BODY
No member of the governing body of Broward County or CITY or any employee of the
Housing Finance and Community Redevelopment Division or CITY may have any
interest, direct or indirect, in the proceeds of any loan or in any contract entered into by
the borrower for the performance of work financed, in whole or in part, with the proceeds
of the loan.
D. DISPLACEMENTS
Multi -family housing projects are designed to increase the supply of rental housing for
low and very low-income families. However, in the event that displacement occurs,
relocation will be conducted in accordance with 24 CFR Part 92.353, Displacement,
relocation, and acquisition, and information on this policy may be obtained from the
Broward County Housing Finance and Community Redevelopment Division, 110 N.E.
3rd St., Third Floor, Fort Lauderdale, Florida 33301.
The existing evaluation and monitoring activities conducted by the Housing Finance and
Community Redevelopment Division will be applied to the HOME Program to ensure
compliance with local and federal policies, regulations, and required reports. In instances
of noncompliance, corrective action will be taken.
Page 2 of 2
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EXHIBIT "G"
REQUEST FOR PAYMENT
Broward County Board of Commissioners, Broward County Florida
Housing and Community Redevelopment Division
HOME INVESTMENT PARTNERSHIPS PROGRAM
FY 16 FUNDING
Contract Period From To
HOME Funding Amount: $
Project Name:
2. Agency Name:
3. Billing #.
4. Billing Period Covered
5. % of Total Contract Expended through this Billing
6. Project Costs: (Itemized per Exhibit "B"):
Category(ies)
Budget
Total Expenditures
Up to Last Billing
Expenditures this
Billing
Total
Expenditures
To Date
TOTAL EXPENDITURES
$
$
$
Page 1 of 2
EXHIBIT "G"
REQUEST FOR PAYMENT
(continued)
Detail of Request for Payment (attach copies of supporting documentation for billing)
Vendor/Client Name Invoice # Description Amount
Total Request for Reimbursement: $,
Certification: I certify that this billing is correct and just and based upon obligations of record for
this project; that the work and services are in accordance with Broward County approved
agreement, including any amendments thereto; and that the progress of the work and services
under the project agreement are satisfactory and are consistent with the amount billed.
Signature and title of Authorized Official Date
Page 2 of 2
EXHIBIT "H" [Delete reference to Exhibit "H" prior to recording]
Document prepared by:
Patrice M. Eichen
Assistant County Attorney
115 South Andrews Ave., Suite 423
Fort Lauderdale, Florida 33301
Return recorded document to:
Housing Finance and Community Redevelopment Division
110 N.E. 31d Street, Third Floor
Fort Lauderdale, Florida 33301
HOME MORTGAGE TO SECURE LOAN FOR
HOUSING REHABILITATION ACTIVITY
THIS MORTGAGE made this _ day of , 20_, between , a
whose address is (herein "Mortgagor"), and
BROWARD COUNTY, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue,
Fort Lauderdale, FL 33301 (herein "Mortgagee").
WHEREAS, Mortgagor is indebted to Mortgagee in the principal sum of Dollars
000.00 , which indebtedness is evidenced by Mortgagor's Promissory Note of even ate herewith (herein "Note");
NOW, THEREFORE,
Mortgagor and Mortgagee covenant and agree as follows:
Mortgagor agrees to secure to Mortgagee the payment a certain Note of even date herewith, for the principal
sum of Dollars 000.00 payable to Mortgagee and agrees to comply with the terms
and conditions set forth under 24 C.F.R. Part 92, including the applicable affordability periods referenced herein.
Mortgagor does hereby mortgage, grant, and convey to Mortgagee the property described in Attachment "A," located
in the County of Broward, State of Florida, together with all improvements now or hereafter erected on the Property,
and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights,
and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and
additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the
foregoing, together with said property are herein referred to as the "Property."
The sums secured under this Mortgage are in the form of a zero percent (0%) interest free, forgivable loan
("Loan"), as provided for in the Note attached hereto as Exhibit "A." Upon the ten (10) year anniversary date of the
term of this Mortgage as provided in Section 23, Mortgagee shall execute a Satisfaction of Mortgage so long as
Mortgagor has complied with all the terms of this Mortgage and the Note.
This Mortgage shall be a [insert position] mortgage on the Property
UNIFORM COVENANTS. Mortgagor and Mortgagee covenant and agree as follows:
1. Payment of Principal. Mortgagor shall promptly pay the principal on the indebtedness evidenced
by the Note.
2. Charges; Liens. Mortgagor shall pay, prior to becoming delinquent, all taxes, assessments and
other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and
leasehold payments or ground rents, if any, when due, directly to the payee thereof. Mortgagor shall promptly furnish
to Mortgagee receipts evidencing such payments.
Mortgage for HOME Funding Project Page 1 of 6 Initials:
3. Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term extended coverage, and such other hazards as
Mortgagee may require and in such amounts and for such periods as Mortgagee may require.
The insurance carrier providing the insurance shall be chosen by Mortgagor subject to approval by
Mortgagee, provided, however, that such approval shall not be unreasonably withheld. All premiums on insurance
policies shall be paid by Mortgagor, when due, directly to the insurance carrier.
All insurance policies and renewals thereof shall be in a form acceptable to Mortgagee and shall
include a standard mortgage clause in favor of and in a form acceptable to Mortgagee. Mortgagee shall have the
right to hold the policies and renewals thereof, and Mortgagor shall promptly furnish to Mortgagee all rental notices
and all receipts of paid premiums. In the event of loss, Mortgagor shall give prompt notice to the insurance carrier
and the Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor.
Unless Mortgagee and Mortgagor otherwise agree in writing, insurance proceeds shall be applied
to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the
security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the
security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this
Mortgage with the excess, if any, paid to Mortgagor. If the Property is abandoned by Mortgagor, or if Mortgagor fails
to respond to Mortgagee within thirty (30) days from the date notice is mailed by Mortgagee to Mortgagor that the
insurance carrier offers to settle a claim for insurance benefits, Mortgagee is authorized to collect and apply the
insurance proceeds at Mortgagee's option either to restoration or repair of the Property or to the sums secured by this
Mortgage.
If, under paragraph 18 hereof, the Property is acquired by Mortgagee, all right, title, and interest of
Mortgagor in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property,
prior to the sale or acquisition shall pass to Mortgagee to the extent of the sums secured by this Mortgage
immediately prior to such sale or acquisition.
4. Purpose of Mortgage. This Mortgage and the Note were executed and delivered to secure
monies advanced in full to Mortgagor by Mortgagee as or on account of a loan evidenced by the Note, for the
purpose of home repair or homeownership, as more fully described herein.
5. Use of Property. As an inducement for Mortgagor to make the referenced loan, Mortgagee hereby
agrees to and covenants that Mortgagee will take possession of the Property and ensure that Mortgagee is the
primary resident during the entire term of the loan for homeownership or home repair, as applicable, and as provided
under the Note. No building or other structure or improvement, fixture or personal property mortgaged hereby shall be
removed or demolished without the prior written consent of Mortgagee. Mortgagor will not make, permit or suffer any
alteration or addition to any building or other structure or improvement now or which may hereafter be erected or
installed upon the mortgaged property, or any part thereof, except the improvements required to be made pursuant to
paragraph 4 hereof, nor will Mortgagor use, or permit or suffer the use of, any of the Property for any purpose other
than the purpose(s) for which the same is now intended to be used, without the prior written consent of Mortgagee.
Mortgagor will maintain the Property in good condition and state of repair and will not suffer or permit any waste to
any part thereof, impairment, or deterioration of the Property, or make or permit to be made to the mortgaged
property any alterations or additions that would have the effect of materially diminishing the value thereof, or take or
permit any action that will in any way increase any ordinary fire or other hazard arising out of the construction or
operation thereof, and will promptly comply with all of the requirements of Federal, State, and local governments, or
any departments, divisions or bureaus thereof, pertaining to such Property or any part thereof. If all or any part of the
Property shall be damaged by fire or other casualty, Mortgagor shall promptly restore the Property to the equivalent
of its original condition regardless of whether or not there shall be any insurance proceeds therefore. If the Property
or any part thereof is damaged by fire or any other cause, the Mortgagor shall provide written notice of same as soon
as practicable to Mortgagee. If any part of the Property shall become physically damaged through condemnation,
Mortgagor shall promptly restore, repair, or alter the remaining Property in a manner satisfactory to Mortgagee.
Mortgagee's approval of such restorations, repairs, or alterations shall not be unreasonably withheld.
6. Protection of Mortgagee's Security. If Mortgagor fails to perform the covenants or agreements
contained in this Mortgage, or if any action or proceeding is commenced which materially affects Mortgagee's interest
in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or
Mortgage for HOME Funding Project Page 2 of 6 Initials:
proceedings involving a bankruptcy, Mortgagee, at Mortgagee's option, upon notice to Mortgagor, may make such
appearances, disburse such sums and take such action as is necessary to protect Mortgagee's interest including, but
not limited to, disbursement of reasonable attorneys' fees and entry upon the Property to make repairs.
7. Inspection. Mortgagee may make or cause to be made reasonable entries upon and
inspections of the Property, provided that Mortgagee shall give Mortgagor notice prior to any such inspection
specifying reasonable cause therefore related to Mortgagee's interest in the Property.
8. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Mortgagee. The proceeds referred to in this paragraph shall
be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor. If the Property is
abandoned by Mortgagor or, if after notice by Mortgagee to Mortgagor that the condemner offers to make an award
or settle a claim for damages, Mortgagor fails to respond to Mortgagee within thirty (30) days after the date such
notice is mailed, Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to
restoration or repair of the Property, or to the sums secured by this Mortgage.
9. Mortgagor Not Released. Extension of time for payment or modification of amortization of the
sums secured by this Mortgage granted by Mortgagee to any successor in interest of Mortgagor shall not operate to
release, in any manner, the liability of the original Mortgagor and Mortgagor's successor in interest. Mortgagee shall
not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Mortgagor
and Mortgagor's successors in interest.
10. Forbearance by Mortgagee Not a Waiver. Any forbearance by Mortgagee for exercising any
right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise
of any right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by
Mortgagee shall not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured by this
Mortgage.
11. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any
other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently,
independently or successively.
12. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and
assigns of Mortgagee and Mortgagor, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Mortgagor shall be joint and several. The captions and headings of the paragraphs of this Mortgage
are for convenience only and are not to be used to interpret or define the provisions hereof.
13. Notice. Except for any notice required under applicable law to be given in another manner, any
notice to Mortgagor or Mortgagee provided for in this Mortgage shall be given by mailing such notice by certified mail,
return receipt requested, addressed to the party for whom it is intended at the Property address set forth above.
14. Governing Law; Severability. Mortgagor shall comply with all laws, federal, state and local
affecting the Property, particularly Mortgagor shall comply with all H.U.D. requirements and 24 C.F.R. Part 92, as
maybe amended from time to time. In the event that any provision or clause of this Mortgage or the Note conflicts
with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given
effect without the conflicting provision, and to this end the provisions of the Mortgage and Note are declared to be
severable. Any controversies or legal problems arising out of this transaction and any action involving the
enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the
State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party
hereby waives any rights it may have to a trial by jury of any such litigation.
15. Hazardous Substances. Mortgagor shall not cause or permit the presence, use, disposal,
storage, or release of any Hazardous Substances on or in the Property. Mortgagor shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental Laws. The preceding two
Mortgage for HOME Funding Project Page 3 of 6 Initials
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
Property.
Mortgagor shall promptly give Mortgagee written notice of any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Laws of which the Mortgagor has actual knowledge. If Mortgagor learns, or is notified
by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Mortgagor shall promptly take all necessary remedial actions in accordance with
Environmental Laws.
As used in this paragraph 15, "Hazardous Substances" are those substances defined as toxic or
hazardous substances by Environmental Laws including, but not limited to, the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 15, "Environmental Laws"
means federal laws, and state and local laws of the jurisdiction where the property is located that relate to health,
safety, or environmental protection.
16. Transfer of the Property. No part of the Property, or any interest therein, shall be sold or
transferred by Mortgagor during the term of this Mortgage. If Mortgagor sells or transfers any interest in the Property,
the remaining balance of loan amount under the Note secured by this Mortgage shall become immediately due and
payable. If the amount becomes due and payable, Mortgagee shall mail Mortgagor notice of acceleration in
accordance with paragraph 13 hereof. Such Notice shall provide a period of not less than thirty (30) days from the
date the notice is received within which Mortgagor may pay the sums declared due. If Mortgagor fails to pay such
sums prior to the expiration of such period, Mortgagee may, without further notice or demand on Mortgagor, invoke
any remedies permitted by paragraph 18 hereof.
17. Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean any one
or more of the following events:
A. Failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or
agreement in the Note, this Mortgage, or any of the other Loan documents for a period of ten (10) days after
Mortgagee provides written notice specifying the breach.
B. If Mortgagor or any endorser or guarantor of the Note shall file a voluntary petition in
bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any
reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the
benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy
Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to
or acquiesce in the appointment of any trustee, receiver, or liquidator of this Mortgage for all or any of the
properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after
commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief, or similar
relief under any present or future federal, state or other statute or law, such proceeding shall not have been
dismissed or stayed on appeal; or, if within the thirty (30) days after appointment without the consent or
acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator
of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Property, such
appointment shall not have been vacated or stayed on appeal or otherwise; or, if within ten (10) days after
the expiration of any such stay, such appointment shall not have been vacated.
C. The entry by any court of last resort of a decision that an undertaking by Mortgagor as
herein provided to pay taxes, assessments, levies, liabilities, obligations, or encumbrances is legally
inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect
the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner
of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless
Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be
incurred or charged under such new or modified law.
Mortgage for HOME Funding Project Page 4 of 6 Initials:
D. If foreclosure proceedings should be instituted on any mortgage inferior or superior to this
Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or
transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor.
E. Any default under any mortgage that is superior or inferior to this Mortgage. Mortgagor
shall have the affirmative obligation to immediately notify Mortgagee in writing of the occurrence or existence
of any such default.
F. Any breach of any warranty or material untruth of any representation of Mortgagor
contained in the Note, this Mortgage, or any of the other Loan documents in reference to purchase
assistance or home rehabilitation.
G. Any action prohibited herein.
Lease of the Property to a third party.
I. The abandonment or vacation of the Property by Mortgagor whereby said Mortgagor
ceases to reside and occupy the Property as Mortgagor's primary residence.
NONUNIFORM COVENANTS. Mortgagor and Mortgagee further covenant and agree as follows
18. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Mortgagor's breach of
any covenant or agreement of Mortgagor in this Mortgage, including the covenants to pay when due any sums
secured by this Mortgage, Mortgagee, prior to acceleration, shall mail notice to Mortgagor as provided in paragraph
13 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30)
days from the date the notice is received by Mortgagor, by which such breach must be cured to the satisfaction of
Mortgagee, and (4) that failure to cure such breach on or before the date specified in the notice may result in any
action in law or equity, as Mortgagee determines to be most effectual to enforce Mortgagor's obligations, including an
action for specific performance, acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding
and sale of the Property. Mortgagee shall be entitled to collect in such proceeding all expenses of foreclosure,
including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title
reports.
19. Mortgagor's Right to Reinstate. Notwithstanding the Mortgagee's right to acceleration of the
sums secured by this Mortgage, Mortgagor shall have the right to have any proceedings initiated by Mortgagee to
enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Mortgagor
pays Mortgagee all sums which would be then due under this Mortgage had no acceleration occurred; (b) Mortgagor
cures all breaches of this Mortgage; (c) Mortgagor pays all reasonable expenses incurred by Mortgagee in enforcing
the covenants and agreements of Mortgagor contained in this Mortgage, including, but not limited to, reasonable
attorneys' fees; and (d) Mortgagor takes such action as Mortgagee may reasonably require to assure that the lien
secured by this Mortgage, Mortgagee's interest in the Property and Mortgagor's obligation to pay the sums secured
by this Mortgage shall remain in full force and effect as if no acceleration had occurred. Upon such payment and
cure by Mortgagor, this Mortgage and the obligations secured hereby shall remain in full force an effect as if no
acceleration had occurred.
20. Recordation. This Mortgage shall be recorded in the Public Records of Broward County, Florida.
The Note, of equal date herewith this Mortgage, shall be recorded in the Public Records of Broward County, Florida,
simultaneous with the recording of this Mortgage.
21. Release. Upon payment or reduction of all sums secured by this Mortgage and performance of all
terms and conditions in this Mortgage and the Note, including compliance with the applicable affordability periods, if
any, Mortgagee shall, upon the request of the Mortgagor, execute a Satisfaction of Mortgage without charge to
Mortgagor. Mortgagor shall pay all costs of recordation, if any. In the event the Property is conveyed, either
voluntarily or involuntarily, the amount to be repaid to Mortgagee shall not exceed the amount owed by Mortgagor
under the Note securing this Mortgage, or the amount of sale proceeds that remain after payment of any superior
liens and closing costs, if any, excluding attorney's fees.
Mortgage for HOME Funding Project Page 5 of 6 Initials:
22. Attorneys' Fees. As used in this Mortgage and in the Note, "attorney's fees" shall include those
fees, if any, which may be awarded by a trial or appellate court.
23. Term of Mortgage. The term of this Mortgage shall be fifteen (15) years, consistent with the
affordability period of fifteen (15) years as provided in the Note.
IN WITNESS WHEREOF, MORTGAGOR,
WITNESSES:
Sign Name:
Print Name.
Sign Name:
Print Name:
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD )
has executed this Mortgage.
MORTGAGOR
By:
(Print or Type Name)
day of , 20_
By:
(Print or Type Name)
day of
r�
The foregoing instrument was acknowledged before me this day of , 20 , by
, as who is personally known to me or who has produced
as identification.
Print Name:
Notary Public, State of Florida at Large
Commission No.
My Commission Expires:
Mortgage for HOME Funding Project Page 6 of 6 Initials:
ATTACHMENT "A"
LEGAL DESCRIPTION
EXHIBIT "A" TO MORTGAGE
HOME PROMISSORY NOTE — HOUSING REHABILITAION PROGRAM
(Forgivable Loan)
000.00
FOR VALUE RECEIVED, the undersigned ("MAKER"), whose
address is Florida 33 , promises to pay to the order of BROWARD
COUNTY, a political subdivision of the State of Florida, hereof ("HOLDER") at Governmental Center,
115 South Andrews Avenue, Fort Lauderdale, Florida, 33301, or such other place as HOLDER may
from time to time designate in writing, the principal sum of Dollars
000.00 , to be paid in lawful U.S. currency, hereinafter referred to as the ("Loan").
1. The real property ("Property") securing this Loan is legally described as: See Exhibit "A"
attached.
2. HOLDER is a recipient of a HOME Investment Partnerships Program ("HOME") grant funds
from the United States Department of Housing and Urban Development ("HUD") for eligible activities
set forth in 24 CFR Part 92.
3. The Loan amount due under this Promissory Note is for a term of fifteen (15) years,
commencing on the date of execution. The Loan provided under this Note is a zero percent (0%)
interest, forgivable loan. The principal balance of the Forgivable Loan ("Loan") shall be forgiven each
year in amount of 20% on the anniversary date of the Loan following the eleventh (11th) year of
occupancy of the property by an Income Eligible Household. Repayment of the Loan, when
required, shall be based upon the prorated principal balance for the remaining term of the Loan. This
is 100% repayable to City during Years 1-10. This is 20% reduction on principal balance during
Years 11-15. Loan position no lower than second. Subordination policy, no lower than second
position. On the anniversary date of MAKER executing the Promissory Note, provided the MAKER
complies with the terms of this Promissory Note and the HOME Mortgage executed by MAKER of
equal date herewith ("Mortgage"). If, however, MAKER sells, transfers, leases, takes a cash -out
refinance, or home equity loan on the Property, or any portion thereof, used to secure this
Promissory Note prior to the full term of the Loan, or fails to utilize the Property for the purpose(s)
stated in the Mortgage, or fails to comply with the terms and conditions of this Promissory Note or
the Mortgage, the balance of this Promissory Note, as applicable, shall immediately become due
and payable to HOLDER.
4. This Promissory Note is secured by a Mortgage for a HOME funded Project recorded in the
Public Records of Broward County, Florida, encumbering certain real property located in Broward
County, Florida (the "Property"), subject to no exceptions.
5. Upon completion of the term of this Promissory Note, and provided that MAKER performs all
other covenants and conditions of the Loan and the Mortgage, the Loan and all other documents
evidenced by the Loan shall cease and terminate and, upon request of MAKER, HOLDER shall
execute a Satisfaction of Mortgage and all other documents evidenced by the Loan.
6. If this Promissory Note is reduced to judgment, such judgment shall bear the statutory
interest rate on judgments.
7. This Promissory Note may be prepaid in whole or in part at any time, without penalty or
premium. Any prepayment hereunder shall be applied first to unpaid costs of collection, servicing
Page 1 of 2
fees, and late charges, if any, then to accrued, deferred, and unpaid interest, and the balance, if any,
to the principal balance.
8. In the event of default in the terms or conditions of this Promissory Note, and if the same is
enforced by an attorney at law, MAKER hereby agree(s) to pay all costs of collection, including
reasonable attorney's fees. Notwithstanding any of the preceding provisions, HOLDER shall be
entitled to collect a late fee on any principal amount due and payable by MAKER in such amount, as
may have been adopted by Resolution of the Board of County Commissioners, and set forth in the
Broward County Administrative Code, at the time of executing this Promissory Note.
9. Except for any notice required under applicable law to be given in another manner, any
notice which may be provided pursuant to this Promissory Note shall be given by mailing such notice
by certified mail, return receipt requested, addressed to the party for whom it is intended at the
appropriate address set forth in the Mortgage.
IN WITNESS WHEREOF, MAKER, has executed this Note.
WITNESSES: MAKER
Sign Name:
By. -
Print Name:
Sign Name:
(Print or Type Name)
Print Name:
day of , 20_
By:
(Print or Type Name)
_ day of
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before
20_, by
personally known to me or who has produced
Print Name:
me this
20
as
as identification.
Notary Public, State of Florida at Large
Commission No.
My Commission Expires:
Page 2 of 2
day of
who is
EXHIBIT "I"
INSURANCE REQUIREMENT
Exhibit I Insurance Requirements for Housing Rehab
The following coverage is deemed the minimum insurance required for this project The selected firm must be prepared to provide
Droof of insurance commensurate with nr in exreSc of this reni iirement Anv rtevintinn m 4uhiprt to the annnrvai of Risk R,7anarw nt
TYPE OF INSURANCE
Limits on Liability
Each Occurrence
Aggregate
GENERAL LIABILITY - Broad form
Bodilyinjury
[x ] Commercial General Liability
[x] Premises -Operations
PropertyDamage
Bodilyinjuryand
PropertyDamage
Combined
$ 500,000
$1 mil
[ ] XCU Explosion/Collapse/Underground
[x ] Products/Completed Operations Hazard
[x] Contractual Insurance
[x] Broad Form Property Damage
Personallnjury
[x] Independent Contractors
[x ] Personal Injury
AUTO LIABILITY
Bodily Injury (each
[x] Comprehensive Form
person)
[x] Owned
[x] Hired
[x] Non -owned
Bodily Injury (each
accident)
PropertyDamage
[x] Any Auto If applicable
Bodilyinjuryand
$ 500 k
PropertyDamage
Combined
EXCESSLIABILITY
Bodilyinjuryand
S
[ ] Umbrella Form
PropertyDamage
[ ] Other than Umbrella Form
Combined
[X]WORKER'SCOMPENSATION
(each accident)
STATUTORY
- - - -....... .................... ...... .... .... ---... ... ..........................
[X] EMPLOYER'S LIABILITY
.....................
-- - ----- - - — -
$100 It /accident
[X] PROFESSIONAL LIABILITY
If Claims -made form $500,000
w/ Extended Reporting Period of 2 yrs.
Deductible not to exceed: $10.000
[ ] PROPERTY COVERAGE /BUILDER'S RISK
Maximum Deductible: $10 k
Completed
"ALL RISK" WITH WIND AND FLOOD
Coverage must remain in force until written final
acceptance byCounty.
DED for WIND or WIND & FLOOD not to
exceed 5% of completed value
Value
CONTRACTOR IS RESPONSIBLE FOR DEDUCTIBLE
[ ] Installation floater is required if Builder's Risk
or Property are not carried. Coverage must
Maximum Deductible:
$10 k
CONTRACTORIS
RESPONSIBLE FOR
DEDUCTIBLE
Completed
p
Value
be'All Risk", completed value- Coverage
must remain in force until written final
acceptance by County-
N-rp.«>a:"Broward County" must be certificate holder and endorsed as an additional insured
for general liability.. excess liability. Indicate bid number, RLI, RFP, and project manager on COI.
NOTE: Workers'Compensation: U.S. Longshoremen&HarborWorkers'Act& Jones Actisrequired for any activitiesonoraboutnavgabiewaten
CANCELLATION: Thirty (30) Daywritten notice of cancellation is required to the Certificate Holder:
Certificate Holder:
Broward CountyTMEA *�^
115 South Andrews Avenue Gft 6 cw^y°°
Fort Lauderdale, FL33301 -m -
RE: Housing Rehab
Risk Management Derision
InS aanc3i TarcmeriC=arm R--2A 1; VALS FOR ONE YFiR FR-tnrH:= DATE. OF Sr"TURE
Page 1 of 1