HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-001Temporary Resolution #12437
December 17, 2013
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- D/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2013-
2014 FISCAL YEAR HOME INVESTMENT
PARTNERSHIP ("HOME") FUNDS; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT FOR THE DESIGNATION
OF SUBRECIPIENT AND DISBURSEMENT HOME
PROGRAM, FISCAL YEAR 2013-2014, WITH BROWARD
COUNTY AND SUBSEQUENT AGREEMENTS, IF
NECESSARY, PENDING LEGAL REVIEW; 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
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
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Temporary Resolution #12437
December 17, 2013
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Program funds for Fiscal Year 2013-2014 in the amount of $74,749.00, a copy of which
is attached hereto as Exhibit "A"; 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 of Tamarac to enter into the
Interlocal Agreement with the County for the Designation of Subrecipient and
Disbursement of HOME Program funds for Fiscal Year 2013-2014.
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.
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 2013-2014, a copy of which is
attached hereto as Exhibit "A".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
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Temporary Resolution #12437
December 17, 2013
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application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY TH CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS EA4 DAY OF 1201 4.
ATTEST:
PATRICIA TEUFEL
CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
• •' ��
��, 0
B. TALABISCO
M. GOMEZ
P. BUSHNELL
D. GLASSER
H. DRESSLER
3
HOME FUNDS ILA FORM AGREEMENT
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING REHABILITATION -
MINOR HOME REPAIR
FY 2013 - FY 2014 FUNDING
IN THE AMOUNT OF $74,749.00
INDEX
ARTICLE
f7_[el0
1
DEFINITIONS AND IDENTIFICATIONS.............................................................. 2
2
SCOPE OF SERVICES........................................................................................
3
3
FUNDING............................................................................................................. 4
4
CONTRACTS WITH THIRD PARTIES.................................................................4
5
COMPLIANCE WITH REQUIREMENTS.............................................................. 5
6
TIMETABLE..........................................................................................................5
7
FUNDING AND METHOD OF PAYMENT............................................................ 5
8
REPORTS...........................................................................................
8
9
ASSURANCES.....................................................................................8
10
TERMINATION...................................................................................................10
11
LIABILITY AND INDEMNIFICATION..................................................................
11
12
INSURANCE......................................................................................................
12
13
FINANCIAL RESPONSIBILITY..........................................................................
14
14
EEO AND CBE COMPLIANCE..........................................................................
15
15
MISCELLANEOUS.............................................................................................16
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
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING REHABILITATION -
MINOR HOME REPAIR
FY 2013 - FY 2014 FUNDING
IN THE AMOUNT OF $74,749.00
This is an Interlocal 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."
WITNESSETH:
WHEREAS, the Parties enter into this Agreement pursuant to Section 163.01,
Florida Statutes, also known as the Florida Interlocal Cooperation Act of 1969; and
WHEREAS, the Parties are members of the Broward County HOME Investment
Partnership Program Consortium ("HOME Consortium"), and are subject to the terms
and conditions of that certain HOME Consortium Agreement entered into by all HOME
Consortium members dated June 14, 2011; said HOME Consortium Agreement is
incorporated herein by reference; and
WHEREAS, COUNTY, in its representative capacity to the U. S. Department of
Housing and Urban Development ("HUD") for all members of the HOME Consortium, is
the recipient of HOME Investment Partnership Program grants funds ("HOME Funds")
from HUD, and COUNTY desires to allocate a portion of the HOME Funds to various
municipalities within the HOME Consortium, including CITY; and
WHEREAS, the Board adopted Resolution #2013-419 dated May 14, 2013,
approving funding to CITY under COUNTY's HOME Program, for housing rehabilitation
— minor home repair activities in CITY; and
WHEREAS, COUNTY is required to enter into this Agreement with CITY in order
for CITY to contract with a third party(ies) 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 AND IDENTIFICATIONS
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 15, 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 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 and to manage and supervise execution and completion of the Scope
of Services for 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 Scope of Services.
1.4 County Administrator - The administrative head of COUNTY appointed by the
Board.
1.5 County Attorney - The chief legal counsel for COUNTY appointed by the Board.
1.6 Division - The Housing Finance and Community Development Division.
1.7 HOME - The HOME Investment Partnerships Program pursuant to the HOME
Investment Partnership Act set forth in 24 C.F.R. Part 92.
1.8 HOME Funds - The HOME Investment Partnerships Grant Funds provided to
CITY by COUNTY pursuant to the terms of this Agreement.
1.9 H.U.D. - The United States Department of Housing and Urban Development.
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1.10 Income Eligible Households The term Income Eligible Households means
one (1) or more natural persons or a family (including students who reside in the
household) that have a gross income for the household that does not exceed
eighty percent (80%) of the area median income (AMI) adjusted for family size for
households within the metropolitan statistical area (MSA) for Broward County.
1.11 Project -The Project consists of the services described in Article 2.
1.12 Property - The property(ies) assisted with HOME Funds under this Agreement
for the Project.
1.13 Rules and Regulations of H.U.D. - The rules and regulations of H.U.D.,
including but not limited to, 24 C.F.R. Part 92 (HOME Investment Partnerships
Program Final Rule, revised April 1, 2001), Fair Housing Act - 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
(C/MI) System for the HOME Program, which are incorporated herein by
reference.
ARTICLE 2
SCOPE OF SERVICES
2.1 CITY shall provide for housing rehabilitation - minor home repair activities, in
accordance with the terms of this Agreement, and as outlined in Exhibit 'A"
Project Description. CITY may contract with a third party to perform individual
scopes of work or projects for each Property assisted under this Agreement for
Income Eligible Households deemed qualified by CITY in accordance with this
Agreement, and consistent with the Rules and Regulations of HUD related to
HOME eligible activities.
2.2 In accordance with 24 C.F.R. Subpart E, Eligible and Prohibited Activities 92.205
- 92.215, "HOME eligible activities" are defined as Homeowner Rehabilitation,
Homebuyer Activities, Rental Housing and Tenant -based Rental Assistance
(TBRA). The Project to be implemented by CITY under this Agreement is the
Housing Rehabilitation Program.
2.3 CITY shall review each Property's scope of work for compliance with the
requirements set forth herein prior to any third party contractor performing any
work/activities for the Project.
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ARTICLE 3
FUNDING
3.1 Fundinq Amount. The maximum amount of FY 2013/2014 HOME Funds
provided by COUNTY to CITY under this Agreement shall be set forth in the
applicable category below, and further described in Exhibit "B," Costs/Budget for
Project. The HOME Funds shall be administered by CITY in accordance with
Exhibit "B."
Check applicable category: [X] Regular HOME Dollars - $74,749.00
[ ] 15% Community Housing Development
Organization (CHDO) set aside $_
3.2 Regular HOME Dollars means HOME Funds allocated by COUNTY to CITY in
accordance with 24 C.F.R. Part 92.2 that are not designated as a fifteen percent
(15%) CHDO set aside, as described below, and CITY shall administer the
Project and subcontract the performance of the HOME eligible activities to be
provided under the Agreement.
CHDO means a Community Housing Development Organization established in
accordance with 24 C.F.R. Part 92.2, and approved by COUNTY. CHDO's are
established solely to provide access to a certain set -aside of federal HOME
program funds and whose primary purpose is to develop affordable housing for
CITY. Federal regulations require COUNTY, as the participating jurisdiction, to
set aside fifteen percent (15%) of each fiscal year's HOME fund allocation
specifically for CHDO development -related activities. If applicable, CITY shall
administer the fifteen percent (15%) CHDO set aside in accordance with 24
C.F.R. Subpart G and enter into an agreement with a COUNTY approved CHDO
to provide the HOME eligible activities under this Agreement.
In the event HUD reduces the HOME funding allocation to the HOME
Consortium, COUNTY shall reduce CITY's allocation proportionately.
ARTICLE 4
CONTRACTS WITH THIRD PARTIES
If CITY elects to contract(s) with a third party, including a COUNTY -approved
CHDO, to perform any HOME eligible activities with HOME Funds provided by
COUNTY under this Agreement, it shall enter into a written agreement which contains
the provisions specified in 24 C.F.R. Part 92.504, and provide a copy of same to
COUNTY.
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ARTICLE 5
COMPLIANCE WITH REQUIREMENTS
In addition to the general compliance with laws provision set forth in Section
15.12, CITY shall comply with all requirements imposed by the Rules and Regulations
of H.U.D. , any other applicable federal and local regulations, as well as, requirements
which may be imposed by the HOME Consortium, collectively referred to herein as
"HOME Rules and Regulations." Such HOME Rules and Regulations shall be
incorporated herein by reference.
ARTICLE 6
TIMETABLE
The term of this Agreement shall commence upon complete execution by the
Parties, and shall end September 30, 2015, as further described in Exhibit "C,"
Timetable/Schedule for Project, unless extended or terminated earlier as provided for
herein. This Agreement may be extended by the Parties for additional term(s) of up to
one (1) year each, upon CITY's written request to the Contract Administrator, in order to
complete the Project. For COUNTY, the County Administrator is authorized to enter into
any extensions to the term of this Agreement. CITY shall expend the HOME Funds
allocated to the Project within the term of this Agreement.
ARTICLE 7
FUNDING AND METHOD OF PAYMENT
7.1 The maximum amount of HOME Funds payable by COUNTY to CITY under this
Agreement shall be Seventy-four Thousand Seven Hundred Forty-nine Dollars
($74,749.00).
7.2 CITY shall invoice COUNTY monthly for eligible costs, as described in 24 C.F.R.
Part 92.205 and Exhibit "A," Project Description, in accordance with Exhibit "G"
Request for Payment, as follows:
7.2.1 CITY shall provide COUNTY with documentation of any work performed
on the Project by CITY staff.
7.2.2 CITY shall provide COUNTY with an executed original of any contract(s)
or subcontract(s) authorizing the work to be done on the Project.
7.2.3 CITY shall submit a certified copy of the purchase order authorizing the
services for which it is invoicing.
7.2.4 If CITY has awarded a contract to a third party contractor to perform any
Project services, CITY shall submit to COUNTY a certified copy of the
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contractor's invoice stating the services rendered and the date the
services were rendered.
7.2.5 CITY's administrator or the administrator's authorized representative shall
certify that the work that is being invoiced has been completed.
7.3 Upon receipt of invoices, reports, and other materials as described in Section
7.2, the Division shall audit such bid awards, contracts, reports, and invoices to
determine whether the items invoiced have been completed and that the invoiced
items are proper for payment.
7.4 Upon determination by the Division that the services or material invoiced have
been received or completed, the Division shall make payment to CITY the
amount it determines, pursuant to the audit, to be payable.
7.5 For purposes of this Article 7, invoices, reports, and other materials as described
in Section 7.3, shall not be honored by COUNTY if received later than sixty (60)
days after expiration or termination of this Agreement; however, invoices for
impact fees will be honored by COUNTY up to twelve (12) months after
expiration or termination of this Agreement.
7.6 Events which shall be sufficient cause for suspension of payments by COUNTY
include, but are not limited to:
7.6.1 Ineligible use of HOME Funds;
7.6.2 Failure to comply with the terms of this Agreement;
7.6.3 Failure to submit reports as required including a favorable audit report;
7.6.4 Submittal of incorrect or incomplete reports in any material respect; and
7.6.5 Failure to comply with the indemnification obligations under this
Agreement.
7.7 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 C.F.R. Part 92.205. Program Income, interest earned or loan repayments, as
defined in 24 C.F.R. Part 92.503, hereinafter collectively referred to as
("recapture monies"), derived from the Project shall be accounted for by CITY
and reported to COUNTY in the Monthly Progress Report described in Article 8.
Program Income received by CITY from HOME eligible activities shall be
deducted first by COUNTY from any invoice submitted by CITY for eligible costs.
The remaining balance of eligible costs shall be requested from COUNTY on a
properly completed billing form attached hereto as Exhibit "G," Request for
Payment. At the expiration of this Agreement, CITY shall transfer the monies
referenced in this Section 7.7 to COUNTY within sixty (60) days, unless HUD has
designated CITY as a Participating Jurisdiction, wherein CITY will retain the
HOME Funds for use in its own HOME program.
7.8 COUNTY shall pay CITY within thirty (30) calendar days from receipt of CITY's
Request for Payment, as required by the "Broward County 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 and
pursuant to instructions prescribed by the Contract Administrator. Payment may
be withheld for failure of CITY to comply with a term, condition, or requirement of
this Agreement.
7.9 Payments to CITY shall be sent to:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
7.10 CITY shall ensure that there is an expenditure of HOME Funds provided by
COUNTY under this Agreement every ninety (90) days, where possible. It is
mandatory that there is an expenditure of HOME Funds within twelve (12)
months of execution of this Agreement.
7.11 CITY shall pay its subcontractors and suppliers within ten (10) days following
receipt of payment from COUNTY for such subcontracted work or supplies.
7.12 The Division Director shall be authorized to approve line item changes to the
budget information set out in Exhibit "B," Costs/Budget for Project, provided such
changes do not result in an increase in the funding amount set forth in this
Agreement, and are set forth in the form of an amendment as provided in Section
15.21.
7.13 If CITY, or any of its third party contractors, cause any HOME Funds provided by
COUNTY under this Agreement to be expended in violation of the terms of this
Agreement, or if CITY fails to complete the Project in accordance with this
Agreement, whether voluntarily or otherwise, such event constitutes a material
breach of this Agreement, and CITY shall be provided notice in accordance with
Section 15.9, identifying the nature of the default and providing CITY with an
opportunity to cure said default within thirty (30) calendar days of receipt of such
notice. In the event CITY fails to cure the default to the reasonable satisfaction of
COUNTY, COUNTY shall have the right to terminate this Agreement or suspend
payment to CITY in whole or part. If payments are withheld, the Division shall
specify in writing the actions that must be taken by CITY as a condition
precedent for resumption of payments, and specify a reasonable date for
compliance. In the event of termination of this Agreement by COUNTY for cause,
CITY shall be responsible to refund such HOME Funds to COUNTY from
nonfederal resources, and if this Agreement is still in force, any subsequent
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request for payment shall be withheld by COUNTY until paid.
7.14 Any documentation required by CITY under this Agreement shall be furnished to
COUNTY at the following address:
Ralph Stone, Director
Broward County Housing Finance and Community Development Division
110 N. E. Third Street
Fort Lauderdale, Florida 33301
ARTICLE 8
REPORTS
8.1 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 HOME Rules and
Regulations, specifically 24 C.F.R. Parts 92 and 85.36 including, but not limited
to, the Consolidated Plan and the Annual Performance Report.
8.2 CITY shall complete and submit to COUNTY a Monthly Progress Report in the
form attached hereto as Exhibit "D." The first Monthly Progress Report shall be
due one (1) month after complete execution of this Agreement by the Parties.
Upon completion of the Project described in this Agreement, CITY shall complete
and furnish to COUNTY, the Project Completion Form, in the form attached
hereto as Exhibit "F."
ARTICLE 9
ASSURANCES
9.1 The Assurances set forth herein shall survive the expiration or earlier termination
of this Agreement.
9.2 CITY shall comply with the provisions of 24 C.F.R. Part 135 and Subpart A,
"General Provisions" and the provisions of 24 C.F.R., Part 5, Subpart A,
"Generally Applicable Definitions and Requirement; Waivers."
9.3 CITY shall act in accordance with Title VI of the Civil Rights Act of 1964
(P.L. 88-352), which provides in part that, no person in the United States shall,
on the ground of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which CITY receives federal financial assistance and will
immediately take any measures necessary to effectuate this Agreement.
9.4 CITY shall comply with the anti -lobbying legislation set forth in 24 C.F.R. Part 87
and in the Consolidated Plan.
9.5 CITY shall administer, in good faith, a policy designed to assure a workplace free
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from the illegal use, possession, or distribution of drugs or alcohol by its
beneficiaries.
9.6 CITY shall take all reasonable steps pursuant to 24 C.F.R. Part 92, subpart H, to
minimize the displacement of persons as a result of the Project and carry out
those activities described in subpart H, except CITY shall not be required to
assume COUNTY's responsibilities for environmental review under 24 C.F.R.
Part 92.352.
9.7 Housing assisted with HOME Funds constitutes H.U.D. associated housing for
the purpose of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821,
et. seq.) and is subject to 24 C.F.R. Part 35.
9.8 Pursuant to 24 C.F.R. Part 24, neither CITY nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in the Project.
9.9 CITY shall comply with applicable uniform administrative requirements, as
described in 24 C.F.R. Part 92.505.
9.10 HOME Funds shall not be provided to primarily religious organizations as further
specified in 24 C.F.R. Part 92.257.
9.11 CITY shall keep such books and records as will allow COUNTY to comply with
the record keeping requirements of 24 C.F.R. Part 92.
9.12 If CITY's Project is subject to the Davis Bacon Act, 40 U.S.C. 276a-276a-5, CITY
shall pay its all laborers and mechanics employed under this Agreement, not less
than the prevailing wage rate in the locality, as predetermined by the United
State Secretary of Labor pursuant to the Davis Bacon Act, and such contracts
shall also be subject to overtime provisions, as applicable, in the Contract Work
Hours and Safety Standards Act set forth at 40 U.S.C. 237-332. CITY shall also
comply with other federal laws and regulations pertaining to labor standards and
H.U.D. Handbook 1344.1, Federal Labor Standards Compliance in Housing and
Community Development Programs, as applicable. Prior to COUNTY making any
payments to CITY under this Agreement, CITY shall provide COUNTY with
certification as to compliance with the Davis Bacon Act.
9.13 CITY shall comply with the Housing and Urban Development Act of 1968 (12
U.S.C. 1701 u, Section 3), pertaining to economic opportunities for low and very
low-income persons. CITY shall encourage local economic development,
neighborhood economic improvements and individual self-sufficiency to the
greatest extent feasible and consistent with existing federal, state and local laws
and regulations, be directed to low and very low income persons, particularly
those who are recipients of government assistance for housing, and to business
concerns which provide economic opportunities to low and very low-income
persons in the affected project neighborhood.
Im
9.14 CITY shall comply with 24 C.F.R. Part 92.50 relating to subsidies for HOME
Assisted Units. The maximum HOME Assisted Unit subsidy shall not be
increased above two hundred forty percent (240%) of the base limits authorized
by Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C. 17151(d)(3)(iii)).
9.15 CITY shall comply with 24 C.F.R. Part 92.50 relating to subsidy layering and
underwriting for the Project.
ARTICLE 10
TERMINATION
10.1 This Agreement is subject to the availability of HOME Funds. Should HOME
Funds no longer be available, this Agreement shall terminate upon CITY's receipt
from COUNTY of no less than twenty-four (24) hours' notice. Said notice shall be
provided in accordance with Section 15.9, Notices. COUNTY shall be the final
authority as to the availability of HOME Funds.
10.2 If, through any cause, CITY fails to commence work on the Project, as set forth in
Exhibit "C," Project Schedule/Timeline, within ninety (90) days from the date of
COUNTY's issuance of the Notice to Incur Costs, or fails to fulfill in timely and
proper manner its obligations under this Agreement, or if CITY shall violate any
of the covenants, agreements, or stipulations of this Agreement, COUNTY, at the
discretion of and through the County Administrator, shall have the right to
terminate this Agreement or suspend payment, in whole or part, by providing
written notice to CITY of such termination or suspension of payment and
specifying the effective date thereof, at least five (5) days before the effective
date of termination or suspension. If payments are withheld, the Division shall
specify in writing the actions that must be taken by CITY as a condition
precedent to resumption of payments and should specify a reasonable date for
compliance.
10.3 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. An erroneous termination for cause
shall be considered a termination for convenience. If CITY elects to terminate
this Agreement, or otherwise terminates, withdraws, or ceases its membership in
the HOME Consortium, CITY shall not be entitled to a refund or return of any
unused portion of the HOME funding allocation.
10.4 Notwithstanding the above, CITY shall not be relieved of liability to COUNTY for
damages sustained by COUNTY by virtue of any breach of this Agreement by
CITY, and COUNTY may withhold any payments to CITY, for the purposes of
setoff until such time as the exact amount of damages is determined.
10.5 In the best interests of the Program and in order to better serve the people in the
target areas and fulfill the purposes of this Agreement, either party may terminate
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this Agreement for convenience by providing the other party with thirty (30) days'
written notice of its intent to terminate, stating its reasons for such termination In
the event COUNTY terminates this Agreement, COUNTY shall pay CITY for any
documented and committed eligible Project expenses in accordance with Exhibit
"B," Costs/Budget for Project. 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 contractor on CITY's behalf, for Project activities
under this Agreement. However, after COUNTY provides notice of termination to
CITY, CITY shall not encumber any HOME Funds under this Agreement, and
COUNTY shall not be required to reimburse CITY for any eligible Project
expenses under this Agreement encumbered after COUNTY's notice of
termination that were not documented and committed prior to COUNTY providing
notice of termination, if COUNTY is not able to obtain such funding from H.U.D.
for the payment of these costs. The County Administrator is authorized to
terminate this Agreement on behalf of COUNTY pursuant to this Section 10.5
upon the Administrator's determination that termination is in the best interests of
COUNTY and the Program.
10.6 All requests for amendments to this Agreement shall be submitted in writing to
the Division Director no less than ninety (90) days prior to the expiration date of
this Agreement.
10.7 If, in the opinion of the Division Director, CITY has violated the terms of this
Agreement, the Division Director may bring the matter before the County
Administrator for consideration.
ARTICLE 11
LIABILITY AND INDEMNIFICATION
11.1 CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and shall
be fully responsible for acts and omissions of its agents, contractors, or
employees in the performance of its obligations under this Agreement, 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.
11.2 In the event that CITY contracts with a third party contractor(s) ("Contractor") to
perform any work/activities set forth herein for the Project, any contract with such
third party shall include the following provisions:
11.2.1 Indemnification: To the fullest extent permitted by law, Contractor shall
indemnify and hold harmless 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,
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recklessness, or intentionally wrongful conduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract.
These indemnifications shall survive the term of this Contract.
11.3 Performance Bond. Performance bond requirements are unrealistic for such
small jobs contemplated by the Project; therefore, in lieu of any performance
bond requirements, COUNTY shall withhold an amount of ten percent (10%) on
each invoice submitted by CITY for performance of services under this
Agreement. Upon the satisfactory completion of each individual Project and after
COUNTY's review and approval, COUNTY shall remit to CITY the ten percent
(10%) portion of the amounts previously withheld.
ARTICLE 12
INSURANCE
12.1 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.
12.2 Insurance Requirements for CITY's Contractor(s). In the event CITY elects to
enter into an agreement with a third party contractor(s) ("Contractor") to perform
any work/activities for the Project referenced herein, CITY shall include in its
contract with the successful Contractor the requirements set forth below in favor
of COUNTY in addition to any CITY requirements and CITY shall provide
COUNTY, prior to commencement of any activities, Certificates of Insurance
evidencing compliance with the following requirements:
12.2.1 Contractor shall maintain, on a primary basis and at its sole expense, at all
times during the life of this Contract the following insurance coverage,
limits, including endorsements described herein. The requirements
contained herein, as well as CITY's or COUNTY's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor
under this Agreement.
a. Commercial General Liability: Contractor shall maintain
Commercial General Liability coverage with minimum limits of
Five Hundred Thousand Dollars ($500,000.00) each occurrence
combined single limit for bodily injury and property damage.
Contractor's coverage shall not contain any restrictive
endorsement(s) excluding or limiting Products/Completed
Operations, Independent Contractors, Broad Form Property
Damage, Contractual Liability or Cross Liability. Coverage must
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include Premises and/or Operations Coverage, and Explosion,
Collapse and Underground Hazards.
b. Business Automobile Liability: Contractor shall maintain Business
Automobile Liability coverage with minimum limits of Five Hundred
Thousand Dollars ($500,000.00) each occurrence combined single
limit for bodily injury and property damage. Coverage shall include
liability for Owned, Non -Owned, Hired and Any Auto, if applicable.
C. Workers' Compensation Insurance and Employers' Liability:
Contractor shall maintain Workers' Compensation Insurance for all
employees in compliance with Chapter 440, Florida Statutes, and
Employers' Liability Insurance with minimum limits of Five Hundred
Thousand Dollars ($500,000.00) each accident. Note: Elective
exemptions or coverage through an employee leasing arrangement
will NOT satisfy this requirement.
d. Builder's Risk Insurance: Contractor performing construction or
remodeling services shall maintain Builder's Risk insurance and
provide an all risk Completed Value form Builder's Risk Policy with
a deductible not to exceed Ten Thousand Dollars ($10,000.00)
each claim for all perils except wind and flood. For the peril of wind,
Contractor shall maintain a deductible that is commercially feasible
which does not exceed five percent (5%) of the value of the
Contract Price said percentage to be determined at the sole
discretion of COUNTY's Risk Manager. For the peril of flood,
Contractor shall maintain a deductible that is commercially feasible
which does not exceed One Hundred Thousand Dollars
($100,000.00). Such Policy shall reflect Broward County, as an
additional loss payee. Contractor shall be responsible for all
deductibles.
e. Additional Insured: Contractor shall endorse CITY and COUNTY as
additional insureds to the Commercial General Liability Policy and
any Excess Policies. The additional insured endorsements shall
read "City of Tamarac, Florida" and "Broward County."
Waiver of Subrogation: Contractor agrees by entering into this
Contract to a Waiver of Subrogation in favor of CITY and COUNTY
for each required policy herein. When required by the insurer, or
should a policy condition not permit Contractor to enter into a
pre -loss agreement to waive subrogation without an endorsement,
then Contractor agrees to notify the insurer and request the policy
be endorsed with a Waiver of Transfer of Rights of Recovery
Against Others or its equivalent.
g. Certificates of Insurance: Contractor shall provide CITY a
Certificate(s) of Insurance evidencing that all coverage, limits and
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endorsements required herein are maintained and in full force and
effect.
h. Such policy or policies shall be issued by approved companies
authorized to do business in the state of Florida, and having agents
upon whom service of process may be made in Broward County,
Florida.
All policies shall be endorsed to provide COUNTY with at least
thirty (30) days' notice of cancellation and/or restriction. If any of
the insurance coverage will expire prior to the required term, copies
of renewal certificates shall be furnished at least thirty (30) days
prior to the date of their expiration.
In the event of loss, Contractor shall give prompt notice to the
insurance carrier and CITY. CITY shall give prompt notice to
COUNTY and COUNTY may make proof of loss if not made
promptly by CITY.
k. Right to Revise or Reiect: CITY and COUNTY reserve the right,
but not the obligation, to review and revise any insurance
requirement, not limited to limits, coverage and endorsements
based on insurance market conditions affecting the availability or
affordability of coverage; or changes in the scope of
work/specifications affecting the applicability of coverage.
Additionally, the Parties reserve the right, but not the obligation, to
review and reject any insurance policies failing to meet the criteria
stated herein or any insurer providing coverage due to its poor
financial condition or failure to operate legally.
ARTICLE 13
FINANCIAL RESPONSIBILITY
13.1 CITY shall give COUNTY, H.U.D., and the U. S. Comptroller General, through
any authorized representative, access to and the right to examine all records,
books, papers, or documents relating to the Project.
13.2 CITY shall comply with the requirements and standards of OMB Circular A-87
(relocated to 2 C.F.R. Part 225), "Cost Principles for State, Local, and Indian
Tribal Governments" and 24 C.F.R. Part 85, which are incorporated herein by
reference.
13.3 If CITY has caused any HOME Funds provided under this Agreement to be
expended in violation of this Agreement, it shall be responsible to refund such
monies in full to COUNTY from nonfederal resources, or if this Agreement is still
in force, any subsequent request for payment shall be withheld by COUNTY.
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13.4 CITY shall comply with the audit requirements of OMB Circular A-133, entitled
"Audits of States, Local Governments and Non -Profit Organizations." The audit
shall cover the entire operations of the local government or, at the option of that
government, may cover only the department or agency that received, expended,
or otherwise administered the federal funds. Such audit must be filed with
COUNTY within one hundred eighty (180) days after the close of the fiscal years
which CITY received funds under this Agreement. All HOME Funds from
COUNTY should be shown via explicit disclosure in the annual financial
statements or the accompanying notes to the financial statements.
13.5 Late submission of financial statements or management letters shall result in
suspension of payment under this Agreement until the required documentation is
received and accepted by COUNTY. Suspension of payment shall not excuse
CITY from continued delivery of service, although COUNTY will pay no invoices
during the period of suspension. Any corrections to the financial statements
requested by COUNTY shall be made by CITY and submitted to COUNTY within
sixty (60) days after COUNTY's written request is received by CITY.
13.6 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.
ARTICLE 14
EEO AND CBE COMPLIANCE
14.1 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
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 comply with all applicable requirements of the
Broward County CBE Program in the award and administration of this
Agreement. Failure by CITY to carry out any of these requirements shall
constitute a material breach of this Agreement, which shall permit the Board, to
terminate this Agreement or to exercise any other remedy provided under this
Agreement, or under the Broward County Code of Ordinances, or under the
Broward County Administrative Code, or under applicable law, with all of such
remedies being cumulative.
CITY shall include the foregoing or similar language in its contracts with any
subcontractors or subconsultants, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the
non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply
with the foregoing requirements is a material breach of this Agreement, which
may result in the termination of this Agreement or such other remedy as
COUNTY deems appropriate.
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CITY shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement and shall not otherwise unlawfully discriminate in violation of the
Chapter 16Y2, Broward County Code of Ordinances. CITY shall affirmatively
comply with all applicable provisions of the Americans with Disabilities Act (ADA)
in the course of providing any services funded by COUNTY, including Titles I and
II of the ADA (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards. In addition, CITY shall take
affirmative steps to prevent discrimination in employment against disabled
persons.
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.
14.2 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, pursuant to 24 C.F.R. Parts 85.36(e) or
84.44(b), CITY shall take affirmative steps to use small firms, minority -owned
firms, or labor surplus area firms when possible as the sources of supplies,
equipment and services.
ARTICLE 15
MISCELLANEOUS
15.1 PUBLIC RECORDS
COUNTY is a public agency subject to Chapter 119, Florida Statutes. To the
extent CITY is acting on behalf of COUNTY pursuant to Section 119.0701,
Florida Statutes, CITY shall:
15.1.1 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;
15.1.2 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;
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15.1.3 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
15.1.4 Meet all requirements for retaining public records and transfer to
COUNTY, at no cost, all public records in its possession upon termination
of this Agreement and destroy any duplicate public records that are
exempt or confidential and exempt. All records stored 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 15.1
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.
15.2 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 Project or the HOME Program for
the period of time required by 24 C.F.R. Part 92, if such retention period is
greater than that required by the Florida Public Records Act, Chapter 119,
Florida Statutes, as may be amended from time to time. 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 the Project.
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 required retention period. 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. If the Florida Public Records Act is
determined by COUNTY to be applicable to CITY's and its subcontractors'
records, CITY and its subcontractors shall comply with all requirements thereof;
however, no confidentiality or non -disclosure requirement of either federal or
state law shall be violated by CITY or its subcontractors. 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, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 15.2.
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15.3 AFFIRMATIVE MARKETING POLICY
CITY shall comply with the Affirmative Marketing Policy, attached hereto as
Exhibit "E," as it relates to marketing the Project to Income Eligible Households.
15.4 PUBLIC ENTITY CRIME
No HOME Funds provided by COUNTY to CITY under this Agreement shall be
subcontracted by CITY to any entity which has been placed on the discriminatory
vendor list, as provided in Section 287.134, Florida Statutes, or which has been
debarred under COUNTY's competitive procurement activities. A violation of this
Section 15.4 by CITY shall entitle COUNTY to terminate this Agreement and
recover from CITY all monies paid by COUNTY pursuant to this Agreement
which have been expended in violation of this Section.
15.5 RECAPTURE AND AFFORDABILITY
CITY shall ensure that the recapture and affordability restrictions set forth in 24
C.F.R. Part 92.503 are enforced by requiring the Income Eligible Homeowners to
execute the following documents relating to the amount of assistance for their
individual Project: Mortgage, Promissory Note and a Declaration of Restrictive
Covenants in favor of CITY, for an affordability period of ten (10) years in
compliance with 24 C.F.R. Part 92.503 as further described in Exhibit "A," Project
Description each in a form substantially similar to the documents provided by
COUNTY for CITY's use.
15.6 WITHDRAWAL FROM THE HOME CONSORTIUM
Should CITY elect to withdraw from the HOME Consortium and be approved by
HUD to become a HOME Participating Jurisdiction (meaning CITY receives
HOME Funds to operate its own HOME Program), COUNTY shall transfer to
CITY any recapture monies, as provided for in Article 7, attributable to CITY's
allocation of HOME Funds available at the time CITY withdraws from the HOME
Consortium. In such event, upon transfer of the HOME Funds to CITY, CITY
shall assume all obligations and responsibilities attributable to such HOME
Funds.
Should CITY elect to withdraw from the HOME Consortium and not be eligible to
become a HOME Participating Jurisdiction, CITY shall transfer to COUNTY any
recapture monies, as provided for in Article 7, 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.
If CITY elects to withdraw from the HOME Consortium, CITY shall provide
COUNTY with notice of termination for convenience as provided for in Section
10.5. CITY shall transfer any monies in its possession referenced in this Section
to COUNTY within sixty (60) days of termination of this Agreement.
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15.7 INDEPENDENT CONTRACTORS
CITY is an independent contractor under this Agreement. Services provided by
CITY pursuant to this Agreement shall be subject to the supervision of CITY. In
providing such services, neither CITY nor its agents shall act as officers,
employees, or agents of COUNTY. No partnership, joint venture, or other joint
relationship is created hereby. COUNTY does not extend to CITY or CITY's
agents any authority of any kind to bind COUNTY in any respect whatsoever.
15.8 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 that no third party shall be entitled to
assert a right or claim against either of them based upon this Agreement.
15.9 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or sent by commercial express carrier with acknowledgement of
delivery, or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section. For
the present, the Parties designate the following:
Y�L'ZK�1�1i•rr'�
Director, Broward County Housing Finance
and Community Development Division
110 Northeast 3rd Street — Third Floor
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
15.10 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any right or interest herein shall be assigned,
transferred, or encumbered without the written consent of the other party. CITY is
permitted to subcontract the performance of services required by this Agreement
in accordance with the terms and conditions set forth herein. Notwithstanding the
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Termination provision of this Agreement, COUNTY may terminate this
Agreement, effective immediately, if there is any assignment, or attempted
assignment, transfer, or encumbrance, by CITY of this Agreement or any right or
interest herein without COUNTY's written consent.
CITY represents that each person who will render services pursuant to this
Agreement is duly qualified to perform such services by all appropriate
governmental authorities, where required, and that each such person is
reasonably experienced and skilled in the area(s) for which he or she will render
his or her services.
CITY shall perform its duties, obligations, and services under this Agreement in a
skillful and respectable manner. The quality of CITY's performance and all interim
and final product(s) provided to or on behalf of COUNTY shall be comparable to
the best local and national standards.
15.11 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.
15.12 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.
15.13 CONFLICTS
Neither CITY nor its employees shall 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
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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 require its subcontractors, by written contract, to comply with the
provisions of this section to the same extent as CITY.
15.14 CONFLICT OF INTEREST
CITY shall comply with the requirements of 24 C.F.R. Part 92.356 relative to the
Conflict of Interest provisions. CITY, its officers, employees, agents, or
consultants who exercise or have exercised any functions or responsibilities with
respect to the Project or who are in a position to participate in a decision making
process or gain inside information with regard to the Project, shall not obtain a
financial interest or benefit from the Project, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with whom they have family or business ties,
during their tenure or for one (1) year thereafter. CITY, its officers, employees,
agents, or consultants shall not occupy any HOME Assisted Unit provided for
under this Agreement. Any possible conflicting interest on the part of CITY, its
employees, or agents, shall be disclosed in writing to the Division.
15.15 SURVIVAL
Either parry's right to monitor, evaluate, enforce, indemnify and insure, audit and
review, and any assurances 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 termination or
expiration of this Agreement and be enforceable.
15.16 SEVERANCE
In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless either party elects to terminate this Agreement. An election to terminate
this Agreement based upon this provision shall be made within seven (7) days of
final court action, including all available appeals.
15.17 JOINT PREPARATION
The Parties and their counsel have participated fully in the review and revision of
this Agreement and acknowledge that the preparation of this Agreement has
been their joint effort. The language agreed to expresses their mutual intent and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. The language
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in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
15.18 INTERPRETATION
The headings contained in this Agreement are for reference purposes only and
shall not affect in any way 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.
15.19 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement,
or provision of any exhibit attached hereto, any document or events referred to
herein, or any document incorporated into this Agreement by reference and a
term, statement, requirement, or provision of Articles 1 through 15 of this
Agreement, the term, statement, requirement, or provision contained in Articles 1
through 15 shall prevail and be given effect.
15.20 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 acknowledge that
jurisdiction of any controversies or legal disputes arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights
hereunder, shall be exclusively in the state courts of the Seventeenth Judicial
Circuit in Broward County, Florida, and venue for litigation arising out of this
Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other
jurisdictional device. 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,
ARISING FROM, OR IN CONNECTION WITH THIS AGREEMENT.
15.21 AMENDMENTS
This Agreement may only be amended by written consent of the Parties in a form
of equal dignity and formality as this Agreement. Such amendments shall be
subject to approval of the Board, except the County Administrator shall be
authorized to execute amendments that change the term of the Agreement, or
that change the Project, provided such Project consists of HOME eligible
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activities under HOME Rules and Regulations and does not result in an increase
in the funding amount set forth herein.
15.22 PRIOR AGREEMENTS
This document represents the final and complete understanding of the Parties
and incorporates or supersedes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein. There is no commitment, agreement, or understanding
concerning the subject matter of this Agreement that is not contained in this
written document. Accordingly, no deviation from the terms hereof shall be
predicated upon any prior representation or agreement, whether oral or written.
15.23 DESIGNATED REPRESENTATIVE
CITY's Designated Representative under this Agreement shall be the City
Manager.
15.24 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is
acknowledged by the Parties. The attached Exhibits "A" - "G" are incorporated
into and made a part of this Agreement.
15.25 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.
15.26 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by all Parties, each of which,
bearing original signatures, shall have the force and effect of an original
document.
(Remainder of Page Intentionally Left Blank)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement: BROWARD COUNTY, through the County Administrator,
authorized to execute same by action of the Board on May 14, 2013, 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
m
Signature (Date)
Print Name and Title above
PME:dp
HOME ILA GVT Tamarac rehab.doc
11/06/13
#13-129.12
COUNTY
-24-
BROWARD COUNTY, through the
County Administrator
M
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
By
allig]
Patrice M. Eichen (Date)
Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING
REHABILITATION - MINOR HOME REPAIR
ATTEST:
City Clerk
CITY
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CITY OF TAMARAC
Print/TypeTawakr Name
day of 2013.
AA '1City Manager
11 icXnU� ('0 _ ri., M e G1�
Print/Type Name
OJ , n,t�ctr 2013 day of
Approved as orm:
City Attorney
EXHIBIT "A"
PROJECT DESCRIPTION
FY 2013-2014
Project Description - City of Tamarac Housing Rehabilitation - Minor Home Repair
Program
Allocation HOME Funds: $74,749.00
The HOME Funds in the amount of $74,749.00 provided by COUNTY to CITY under the
Agreement shall be used for housing rehabilitation — minor home repair activities as
follows:
• A minimum of two (2) Income Eligible Homeowners shall be assisted in an
amount up to $30,000.00 per homeowner, 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. The Project 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
CITY, which includes the following requirements:
• Ten (10) year term, 0% interest deferred payment,
• Loan due upon sale, transfer, rental, cash -out, refinance, or home equity
loan, and
• Years one (1) through five (5), the loan shall not be forgiven and full
repayment shall be due upon sale, transfer, rental, cash -out refinance or
home equity; years six (6) through ten (10), 20/% of the loan shall be
forgiven each year on the anniversary date of the loan, provided the
property remains the primary residence of the homeowner.
• Loan position no lower than second.
• Subordination policy, no lower than second position and with no cash out.
CITY shall comply with HOME Rules and Regulations governing the Project, including,
but not limited to, the following:
• Maximum value of property after rehabilitation work is limited to Section 203(b) of
24 CFR Part 92.
• Lead based paint testing and abatement, as needed, in accordance with 24 CFR
Part 92.355.
Page 1 of 2
1=51VI IbiwT Y
PROJECT DESCRIPTION
(continued)
• Assistance shall be provided only to Income Eligible Households as defined in
the Agreement.
• Federal procurement procedures set forth in 24 CFR Part 92.505 are applicable
to the selection of any contractor performing activities under the Agreement on
behalf of CITY.
• Ensure that the recapture and affordability restrictions set forth in the Agreement
are followed.
• Provide COUNTY with an individual scope of work and a tax assessment for
each property to be assisted prior to committing any HOME Funds.
• Review tax assessed value and scope of work to determine if the value of the
property after rehabilitation work is completed meets HOME guidelines.
Page 2 of 2
EXHIBIT "B"
COSTS/BUDGET FOR PROJECT
FY 2013-2014
Funding Sources
Category
HOME
Total
A
Construction
$60,000
$60,000
B.
Inspections
$5,949
$5,949
C.
Contractual Services
$7,400
$7,400
D.
Appraisal
$800
$800
E.
Other:
Doc Stamp/Recording Fee
$600
$600
F.
Totals
$74,749
$74,749
Page 1 of 2
EXHIBIT "B"
COSTS/BUDGET FOR PROJECT
(Continued)
BUDGET NARRATIVE FY 2013 - 2014
Category Funding Source HOME
A. Construction:
Housing Rehabilitation - Minor Home Repair construction hard $60,000
costs for a minimum of two (2) homeowners at up to $30,000
per home.
B. Inspections: (Construction Soft Costs)
General inspections, and lead and mold inspections, as needed. $5,949
C. Contractual services: (Project Management and Implementation) $7,400
CITY consultant to provide Project implementation and management
services.
D. Appraisal: Determine after -rehab value of homes assisted $800
E. Other: Doc Stamp/Recording Fee: Lien recording fees $600
TOTAL $74,749
Page 2 of 2
EXHIBIT "C"
TIMETABLE/SCHEDULE FOR PROJECT
FY 2013/2014
WORK TASK
START-UP
COMPLETION*
Program Marketing/Public
Notice
Upon execution of
Agreement by the
Parties
December 2013
Application Processing
November 2013
February 2014
Repairs in Progress
January 2014
September 30, 2015
Repairs Completed
February 2014
September 30, 2015
Close Out
June 2015
September 30, 2015
EXHIBIT "D"
MONTHLY PROGRESS REPORT
Period Covered: to
A. Project Information.
Agency:
Person Preparing the Report:
Signature & 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 AQency Budget Changes.
Program Income/ Recapture:
Source of Program Income/Recapture:
B.3 Other Grant Awards.
Date(s): Dollar Amt
Funding Source
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:
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
Development Division staff.
CA Anticipated advertisements and/or other contractual services: If applicable,
has the Housing Finance and Community Development Division staff been
advised and appropriate steps taken to assure compliance?
D. Program Objectives:
Work Tasks Projected Yearly/ Monthly
Total Performance Progress
Page 2 of 3
Progress Supporting
YTD Documentation
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EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
A. AFFIRMATIVE MARKETING
1. DISSEMINATION OF INFORMATION
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 Development Division.
From time to time, developer or owner 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. OWNER PRACTICES & PROCEDURES
Each owner must adhere to the following requirements and practices in order to carry
out the affirmative marketing policies of the Housing Finance and Community
Development Program.
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
Special contact will be made by owners with programs providing services to legal aliens
and refugees, at churches frequented by legal aliens and refugees and other groups
least likely to apply without these special efforts.
4. FAILURE TO COMPLY WITH REQUIREMENTS
Failure on the part of an owner to comply with the affirmative marketing requirements
provided herein, or to cure or remedy identified violations within thirty (30) days of
notification of violations shall result in the loan becoming immediately due and payable.
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,
handicap, religion or national origin in the rental, lease, sale, or use of the property to be
constructed with HOME Investment Partnership Program (HOME) Funds obtained
through the HOME Program in accordance with Title 8 of the Civil Right Act of 1968 42
USC 3601-3619 and the HUD Fair Housing Code 24 C.F.R. 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 any employee of the Housing
Finance and Community Development Division 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 COUNTY's relocation policies.
Information on this policy may be obtained from the Broward County Housing Finance
and Community Development Division, 110 NE 3rd Ave, Third Floor, Fort Lauderdale,
Florida 33301.
The existing evaluation and monitoring activities conducted by the Housing Finance and
Community Development 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
EXHIBIT "F"
PROJECT COMPLETION FORM
RENTAL REHAB
(attached)
HOMEOWNER REHAB
COMPLETION FORM
- IIIIIIIIII. - -
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1. Project:
2
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EXHIBIT "G"
REQUEST FOR PAYMENT
Broward County Board of Commissioners, Broward County Florida
Housing and Community Development Division
HOME PROGRAM
FY / FUNDING
CONTRACT PERIOD THROUGH
HOME Funding Amount:
City:
Billing # 4. Billing Period Covered
% 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
Page 2 of 2
Date