HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-0031
Temp. Reso. No. 12663
December 23, 2015
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016- 03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2015-
2016 FISCAL YEAR HOME INVESTMENT
PARTNERSHIP ("HOME") FUNDS IN THE AMOUNT OF
$70,974 FOR A TERM COMMENCING OCTOBER 1, 2015
WITH AN END DATE OF SEPTEMBER 30, 2017)
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 HOUSING REHABILITATION,
MINOR HOME REPAIRS, FISCAL YEAR 2015-2016,
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") entered into 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. 12663
December 23, 2015
Page 2 of 4
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 2015-2016 in the amount of $70,974.00, for a term
commencing October 1st, 2015 and ending September 30, 2017, 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
2015-2016 in the amount of $70,974.00, for a term commencing October 1st, 2015 and
ending September 30, 2017; 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, Minor Home Repairs for Fiscal Year
2015-2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA-
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a specific
part of this Resolution.
Temp. Reso. No. 12663
December 23, 2015
Page 3 of 4
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 2015-2016, 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.
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Temp. Reso. No. 12663
December 23, 2015
Page 4 of 4
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF (10,7Ua4a 2016.
CITY OF TAMARAC, FLORI
HARRY RES§LER, MAYOR
H. DRESSLER
P. BUSHNELL
M GOMEZ
D. GLASSER
D. PLACKO
n✓
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
" V de'Ily 4t . /Z/!,
SA UEL )4tN
CITY ATTORNEY
P
E
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR
HOUSING REHABILITATION - MINOR HOME REPAIR PROGRAM
FY 2015 FUNDING
IN THE AMOUNT OF $70,974
INDEX
ARTICLE
PAGE
1
DEFINITIONS......................................................................................................2
2
PREAMBLE.........................................................................................
3
3
PROJECT............................................................................................................
5
4
FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO
THEUSE OF THE FUNDS...................................................................................
6
5
LIABILITY AND INDEMNIFICATION..................................................................
10
6
INSURANCE......................................................................................................
10
7
ASSURANCES AND CERTIFICATIONS...................................................11
8
FINANCIAL RESPONSIBILITY................................................................13
9
TERM OF AGREEMENT.....................................................................
15
10
TERMINATION...................................................................................................15
11
NOTICES........................................................................................17
12
MISCELLANEOUS.............................................................................................
18
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" INSURANCE REQUIREMENT
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR
HOUSING REHABILITATION - MINOR HOME REPAIR PROGRAM
FY 2015 FUNDING
IN THE AMOUNT OF $70,974
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 12, 2015, the Board adopted Resolution #2015-256,
approving FY 2015 - 2016 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 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.
1.5 County Administrator - The administrative head of COUNTY appointed by the
Board.
1.6 County Attorney - The chief legal counsel for COUNTY appointed by the Board.
1.7 Division - The Housing Finance and Community Redevelopment Division.
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1.8 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.
1.9 HOME Funds - The HOME Investment Partnerships grant funding provided to
CITY under this Agreement.
1.10 HUD -The United States Department of Housing and Urban Development.
1.11 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.
1.12 Project- The Project consists of the services described in Article 2.
1.13 Property - The property(ies) assisted with HOME Funds under this Agreement
for the Project.
1.14 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 impacting the HOME Program; as amended from time to
time, and which are incorporated herein by reference.
1.15 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
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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.
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.
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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.
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. Following completion of the Project, CITY shall
complete and submit to COUNTY the Project Completion Form set forth in
Exhibit "F."
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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 92.503 are enforced by requiring each Income Eligible Homeowner
to execute a Mortgage, Promissory Note, and a Declaration of Restrictive
Covenants in favor of CITY, for the amount of purchase assistance being
provided. The documents shall be executed in a form substantially similar to the
documents provided by COUNTY to CITY for CITY's use, for an affordability
period of ten (10) years consistent with the requirements set forth in 24 CFR Part
92.503, 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 - $70,974
L] CHDO Dollars - 15% Community Housing
Development Organization (CHDO) set -aside
'a
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.
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.
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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.
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
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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 as described in
24 CFR Part 92.209. Program Income, repayments, or recaptured funds, as
described in 24 CFR Part 92.503, hereinafter collectively referred to as
("recapture monies"), derived from the Project shall be accounted for by CITY
and reported to COUNTY utilizing the Monthly Progress Report set forth in
Exhibit "D." Program Income, as defined in 24 CFR Part 92.2, received by CITY
from HOME eligible activities shall be deducted first by CITY from any invoice
submitted by CITY for eligible costs. The remaining balance of eligible costs shall
be requested from COUNTY utilizing the Request for Payment form provided in
Exhibit "G."
4.12 Payments to CITY shall be sent to:
City of Tamarac
Attention: City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
4.13 Any documentation required under this Agreement shall be furnished to
COUNTY at the following address:
Ralph Stone, Director
Broward County Housing Finance and Community Redevelopment
Division
110 N.E. 3rd Street, Third Floor
Fort Lauderdale, Florida 33301
4.14 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.
4.15 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.
Well
4.16 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.
4.17 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.
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 Indemnification: To the fullest extent permitted by law, Subcontractor shall
indemnify and hold harmless Broward County, its officers and employees,
from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of Subcontractor and
persons employed or utilized by Subcontractor in the performance of this
Contract. These indemnifications shall survive the term of this Contract.
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.
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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
provided in Exhibit "H," 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 prose lytization, as further described in
24 CFR Part 92.257.
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
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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.
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 Part 92.50 and
24 CFR Part 5.105, Other Federal requirements, 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 146, 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.),
which prohibits discrimination of persons on the basis of race, color,
religion, sex, and national origin in housing practices.
7.6.3 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.
7.6.4 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.
7.6.5 Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which requires
certain federally funded buildings and other facilities to be designed,
constructed, or altered in accordance with standards that ensure
accessibility to, and use by, physically handicapped persons.
7.6.6 Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.), which prohibits discrimination of individuals on
the basis of race, color, sex, national origin, religion, or age.
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7.6.7 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.
7.6.8 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352
and implementing regulations 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.).
7.6.9 The prohibitions set forth in 2 CFR Part 2424 relating to the use of
debarred, suspended, or ineligible contractors and participants.
7.6.10 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 recordkeeping and reporting requirements under this
Agreement and 24 CFR Part 92, as applicable, to enable COUNTY to comply
with its recordkeeping and reporting requirements set forth in 24 CFR Part
92.508.
7.8 In addition to the audit rights, and retention of records requirements set forth in
Section 12.4, CITY shall provide COUNTY, HUD, and the Comptroller General of
the United States, through any of their duly authorized representative, 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 7.8 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.
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.
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8.3 CITY shall use HOME Funds provided by COUNTY only for eligible Project
activities specifically outlined in this Agreement.
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 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
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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.
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 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, 2015,
and shall end September 30, 2017, as further described in Exhibit "C,"
Timetable/Schedule for Project, unless terminated earlier or extended pursuant to the
terms of this Agreement. 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 ninety (90) 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
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Twenty-four (24) hours' notice. COUNTY shall be the final authority as to the
availability of HOME Funds.
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 Subsection 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.
10.2.3 In 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
N&V
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 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.
10.8 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
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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.
FOR COUNTY:
Ralph Stone, Director
Broward County Housing Finance and Community Redevelopment
Division
110 N.E. 3rd Street, Third Floor
Fort Lauderdale, Florida 33301
Email address: rstone@broward.org
FOR CITY:
City of Tamarac
Attention: City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Email 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
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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
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
COUNTY is a public agency subject to Chapter 119, Florida Statutes. To the
extent CITY is a contractor acting on behalf of COUNTY pursuant to
Section 119.0701, Florida Statutes, CITY shall:
12.3.1 Keep and maintain public records that ordinarily and necessarily would be
required to be kept and maintained by COUNTY were COUNTY
performing the services under this Agreement;
12.3.2 Provide the public with access to such public records on the same terms
and conditions that COUNTY would provide the records and at a cost that
does not exceed that provided in Chapter 119, Florida Statutes, or as
otherwise provided by law;
12.3.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
12.3.4 Meet all requirements for retaining public records and transfer to
COUNTY, at no cost, all public records in possession of CITY upon
termination of this Agreement and destroy any duplicate public records
that are exempt or confidential and exempt. All records stored
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electronically must be provided to COUNTY in a format that is compatible
with the information technology systems of COUNTY.
The failure of CITY to comply with the provisions set forth in this Section shall
constitute a default and breach of this Agreement, and COUNTY shall enforce
the default in accordance with the provisions set forth in Section 10.2.
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.
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
Agreement for the minimum required retention period set forth in 24 CFR Part 92,
of five (5) years after termination of this Agreement. If any audit has been
initiated and audit findings have not been resolved at the end of the retention
period or five (5) years, whichever is longer, the books, records, and accounts
shall be retained until resolution of the audit findings. 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.
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
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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.
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.
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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
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
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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.
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 under 24 CFR Part 92. The Division Director
shall be authorized to approve, in writing, line item budget changes to the
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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.
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
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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).
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" - "H" 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.
W4.2
12.26 TIME IS OF THE ESSENCE
Time is of the essence in performing the duties, obligations, and responsibilities
required by this Agreement.
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.
-26-
12.31 DESIGNATED REPRESENTATIVE
CITY's Designated Representative under this Agreement is the City Manager.
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.
[Remainder of Page Intentionally Left Blank]
-27-
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 12, 2015, 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
0
Signature (Date)
Print Name and Title above
PME:dp
HOME ILA Tamarac Rehab Activities
1 /08/16
#16-129.12
COUNTY
- 28 -
BROWARD COUNTY, through the
County Administrator
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
1-2
2016
Patrice M. Eichen (Date)
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR
REHABILITATION - MINOR HOME REPAIR PROGRAM, FY 2015 FUNDING, IN THE
AMOUNT OF $70,974
ATTEST:
By
OF TA 4f
ESTABLISHED*:
_ 1963 : 0
SEAL
OUNI�\\\�,
CITY
-29-
CITY OF TAMARAC
By 4�
Mayor
Print/Type Name
• Print/Type Name
«" day of 7ctin ua , 2016
Approyeq as to form:
City A orne
City of Tamarac
FY 2015 - Funding
Proiect Description -
Program
FY 2015 HOME Funding
EXHIBIT "A"
PROJECT DESCRIPTION
City of Tamarac Housing Rehabilitation - Minor Home Repair
Allocation HOME Funds: $70,974
The HOME Funds in the amount of $70,974 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 Households shall be assisted in an amount up to
Thirty Thousand Dollars ($30,000) per household, including all rehabilitation 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 Household assisted with HOME Funds
under the Agreement execute a Promissory Note and Mortgage in favor of CITY, which
includes, but is not limited to, the following requirements:
• The principal balance of the Deferred Payment Loan ("Loan") shall be forgiven each
year in an amount of 20% on the anniversary date of the Loan following the fifth (5th)
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 on the
remaining term of the Loan.
• 100% repayable to CITY during Years 1-5.
• 20% reduction on principal balance during Years 6-10.
• Loan position no lower than second.
• Subordination policy, no lower than second position and no cash out permitted.
CITY shall comply with HOME Rules and Regulations governing the Project and CITY's
Program 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 Household 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
City of Tamarac
FY 2015 HOME Funding
EXHIBIT "B"
COSTS/BUDGET FOR PROJECT
FY 2015
CATEGORY
A. Construction Costs
B. Staff Costs (Service Delivery)
TOTAL
FUNDING SOURCE
HOME
$63,877
7 097
$70,974
BUDGET NARRATIVE FY 2015 Funding
A. Construction Costs - Hard Costs (Home Rehabilitation and Repair) - $63,877
B. Staff Costs (Service Delivery costs associated with
implementing the Project)
Page 1 of 1
- $7,097
City of Tamarac FY 2015 HOME Funding
EXHIBIT "C"
TIMETABLE/SCHEDULE FOR PROJECT
WORK TASKS
START-UP
COMPLETION
Identify and process
Income Eligible Households
October 2015
March 2017
Provide Monthly Progress
Reports to COUNTY
One month after execution
of Agreement by the Parties
September 2017
Commence Work
Write -Ups
January 2016
April 2017
Commence Repairs
February 2016
June 2017
Repairs Completed
N/A
July 2017
Final Invoice to COUNTY
N/A
Au ust 2017
Provide Close Out Report
to COUNTY
N/A
September 2017
Page 1 of 1
City of Tamarac
FY 2015 HOME Funding
EXHIBIT "D"
MONTHLY PROGRESS REPORT
Period Covered: to
A. Project Information.
Agency:
Person Preparing the Report:
Signature and Title:
Project Title:
Project Start-up Date:
Project Completion Date:
Amended Completion Date:
B.1 Project Cost.
Budget
Total Project $
HOME Funding $
Other Funding $
Date of Report:
Funds Expended Percentage
$
$
B.2 Declaration of Aqencv Budget Changes.
Program Income/Recapture:
Source of Program Income/Recapture:
B.3 Other Grant Awards.
Date(s): Dollar Amou
Funding Source
B.4 Percent of Project Completed to date.
Page 1 of 3
City of Tamarac FY 2015 HOME Funding
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(Continued)
C. 1 Describe specific work tasks and qualified accomplishments completed
this month:
Task
Qualified
Accomplishments
This Month
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/ Monthly Progress Supporting
Total Performance Progress YTD Documentation
Page 2 of 3
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City of Tamarac
EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
A. AFFIRMATIVE MARKETING:
DISSEMINATION OF INFORMATION
FY 2015 HOME Funding
The following methods shall be used to inform the public, owners, and potential tenants
about Federal Fair Housing Laws 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
City of Tamarac
EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
(continued)
B. CIVIL RIGHTS
FY 2015 HOME Funding
No person shall be discriminated upon based on race, color, sex, age, marital status,
handicap, 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 8 of the Civil Right Act of 1968,
42 U.S.C. 3601-3619, and the HUD Fair Housing Code 24 CFR Parts 14, 100, 103-106,
109, 110, 115, and 121.
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. 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 PROGRAM
FY 2015 FUNDING
CONTRACT PERIOD THROUGH
HOME Funding Amount: $
1. Project:
2. City: _
3. Billing #.
4. Billing Period Covered
5. % of Total Contract Expended through this Billing
6. Cost Categories Total Expenditures Expenditures Total Expenditures
Up to last billing this billing to date
Project Costs:
(Itemized per Exhibit "B")
TOTALS
Page 1 of 2
EXHIBIT "G"
REQUEST FOR PAYMENT
(continued)
Detail of Request for Payment (attach copies of backup for billing)
Vendor/Client Name Invoice # Description Amount
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
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