HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-081Temporary Resolution #12506
August 27, 2014
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-2014YZ
-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2014-
2015 FISCAL YEAR HOME INVESTMENT
PARTNERSHIP ("HOME") FUNDS IN THE AMOUNT OF
$78,448 FOR A TERM. COMMENCING OCTOBER 1,
2014 WITH AN END DATE OF SEPTEMBER 30, 2016;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN INTERLOCAL AGREEMENT FOR THE
DESIGNATION OF SUBRECIPIENT AND
DISBURSEMENT HOME PROGRAM, FISCAL YEAR
2014-2015, WITH BROWARD COUNTY ATTACHED
HERETO AS EXHIBIT "A", 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
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Temporary Resolution #12506
August 27, 2014
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WHEREAS, the City Commission desires the City to be designated as a HOME
subrecipient and to enter into the Interlocal Agreement with the County for HOME
Program funds for Fiscal Year 2014-2015 in the amount of $78,448.00, for a term
commencing October. 1St, 2014 and ending September 30, 2016, a 'copy of which is
attached hereto as Exhibit "A"; and
WHEREAS, the City Commission, 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 2014-2015.
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 2014-2015, a copy of which is
attached hereto as Exhibit "A".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
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Temporary Resolution #12506
August 27, 2014
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hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS ';7 DAY OF A 1/9 9 5 �. , 20149
ATTEST:
PATRICIA TEUFEL, CIVIC
CITY CLERK
HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
,TTO R N EY
CITY
MARAC, FLORIDA
HARRY DRESSLER, MAYOR
H. DRESSLER
P. BUSHNELL
M GOMEZ
D. GLASSER
D. PLACKO
3
I NTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DISBURSEMENT OF HOME PROGRAM FUNDS
HOUSING REHABILITATION PROGRAM - MINOR HOME REPAIR
FY 2014 FUNDING
IN THE AMOUNT OF $78,448
INDEX
ARTICLE PAGE
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.......................................................................... 13
14 MISCELLANEOUS............................................................................................. 14
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 HOMEOWNERS REHAB
EXHIBIT "G" REQUEST FOR PAYMENT
EXHIBIT "H" INSURANCE
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DISBURSEMENT OF HOME PROGRAM FUNDS
HOUSING REHABILITATION PROGRAM - MINOR HOME REPAIR
FY 2014 FUNDING
IN THE AMOUNT OF $78,448
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."
WITN ESSETH :
WHEREAS, the Parties are entering 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 ("H.U.D.") for all members of the HOME Consortium,
is the recipient of HOME Investment Partnership Program grants funds ("HOME
Funds") from H.U.D., 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 ##2014-293 dated May 13, 2014,
approving FY 2014 funding to CITY under COUNTY's HOME Program, for housing
rehabilitation 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 14, 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 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.
1.4 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.
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1.9 H.U.D. - The United States Department of Housing and Urban Development.
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 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 H.U.D. related to HOME eligible activities.
2.2 In accordance with 24 C.F.R. Subpart E, Eligible and Prohibited Activities
92.2057 - 92.2157 "HOME eligible activities" are defined as Homeowner
Rehabilitation, Homebuyer Activities, Rental Housing and Tenant -based Rental
Assistance.
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 or activities for the Project.
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ARTICLE 3
FUNDING
3.1 Funding Amount. The maximum amount of FY 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 - $78,448.00
[ ] 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 this 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 H.U.D. reduces the HOME funding allocation to the HOME
Consortium, COUNTY shall reduce CITY's allocation proportionately.
ARTICLE 4
CONTRACTS WITH THIRD PARTIES
In the event CITY elects to contract with a third party contractor(s), including a
COUNTY -approved CHDO, to perform any HOME eligible activities with HOME Funds
provided by COUNTY under this Agreement, CITY shall enter into a written agreement
with the third party contractor 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 14.13, 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 on October 1, 2014 ("Effective
Date"), and shall end September 30, 2016, 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-eight Thousand Four Hundred Forty-eight Dollars
($78,448.00).
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 documentation of costs associated with any CITY
personnel providing services for the Project under this Agreement.
7.2.2 CITY shall provide
COUNTY with
an executed
original of any third party
contract 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.
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7.2.4 In the event CITY uses a third party contractor to perform any Project
services under this Agreement, CITY shall submit to COUNTY a certified
copy of the third party 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 CITY shall submit invoices for reimbursement of rehabilitation expenditures in a
timely manner. These invoices shall identify the nature of the work performed,
the phase of work, and the estimated percent of work accomplished. The invoice
shall show a summary of fees with accrual of the total and credits for portions
paid previously. Upon receipt of invoices and supporting documentation as
described in Section 7.2, the Division shall audit the invoices and documentation
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 work or materials 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 CITY shall not be entitled to payment by COUNTY for any invoices received by
COUNTY later than sixty (60) days 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 for the Project 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
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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. In the event CITY withdraws from the HOME Consortium, CITY shall
transfer the monies referenced in this Section 7.7 to COUNTY within sixty (60)
days, unless H.U.D. 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 of Tamarac
Attention: City � Manager
7525 NW 88t 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 the Effective Date of this Agreement.
7.11 CITY shall pay
its
third party contractors
and suppliers within ten (10) days
following
receipt
of
payment from COUNTY
for such work or supplies.
7.12 The Division Director shall be authorized to approve line item changes to the
budget information set forth 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 14.21.
7.13 In the event 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 14.10, 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
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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 to COUNTY all HOME
Funds expended in violation of this Agreement from nonfederal resources if
required by HUD, and if this Agreement is still in force, any subsequent 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 . Th i rd 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 on a Monthly Progress Report in
the form attached hereto as Exhibit "D," Monthly Progress Report. The first
Monthly Progress Report shall be due one (1) month after the Effective Date of
this Agreement. 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."
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9.3 CITY shall comply with Title VI of the Civil Rights Act of 1964
J42 U.S.C. Section 2000d, et seq.), prohibiting discrimination on the basis of
race, color, and national origin in programs and activities receiving federal
funding.
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
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. Section 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 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.
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9.13 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)).
9.14 CITY shall comply with 24 C.F.R. Part 92.50 relating to subsidy layering and
underwriting for the Project.
9.15 CITY shall comply with Title VIII of the Civil Rights Act of 1968, known as the Fair
Housing Act (42 U.S.C. 3601 et seq.).
ARTICLE 10
TERMINATION
10.1 This Agreement is subject to the availability of HOME Funds. In the event HOME
Funds become unavailable, 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 14.10, 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 T," Timetable/Schedule for Project, within ninety (90) days from the date
of COUNTY's issuance of the Notice to Incur Costs, or fails to fulfill in a timely
and proper manner its obligations under this Agreement, or if CITY shall violate
any of the terms 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
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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
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 the
terms of this Agreement and specifically 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 Section 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.
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11.2 In the event that CITY contracts with a third party contractor(s) ("Contractor") to
perform any work or activities set forth herein for the Project, any contract with
such Contractor shall include the following provisions:
11.2.1 Indemnification: To the fullest extent permitted by law, Contractor 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 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 subject to 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. Additionally,
in the event CITY elects to purchase excess liability coverage, CITY shall furnish
COUNTY with a Certificate of Insurance listing Broward County as certificate
holder and an additional insured.
12.2 In the event CITY enters into a contract with a third party contractor(s)
("Contractor") to perform any work on the Project, the contract with such
Contractor shall include, at a minimum, the following provisions:
12.2.1 Insurance: Contractor shall at all times during the term of this Agreement
maintain in full force and effect, at Contractor's sole cost and expense,
insurance of the types and amounts as set forth on Exhibit "H," a copy of
which is attached hereto and incorporated herein by reference as if set
forth in full, and shall name Broward County as an additional insured.
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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 In the event CITY, or any of its third party contractors, has caused any HOME
Funds provided under this Agreement to be expended in violation of this
Agreement, CITY shall be responsible to refund such HOME Funds in full to
COUNTY from nonfederal resources if required by H.U.D., or if this Agreement is
still in force, any subsequent request for payment shall be withheld by COUNTY.
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
must be filed with COUNTY within one hundred eighty (180) days after the close
of each fiscal year in which CITY received HOME Funds under this Agreement.
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.
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; however, COUNTY will not pay any
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.
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ARTICLE 14
MISCELLANEOUS
14.1 NO DISCRIMINATION
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 third
party contractors, 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.
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 161/2, 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.
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14.2 PUBLIC RECORDS
COUNTY is a public agency subject
extent CITY is acting on behalf of
Florida Statutes, CITY shall:
to Chapter 119, Florida Statutes. To the
COUNTY pursuant to Section 119.0701,
14.2.1 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;
14.2.2 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;
14.2.3 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
14.2.4 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 14.2
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.
14.3 AUDIT RIGHTS AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of CITY
and its third party contractors 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. CITY and its third party contractors 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 third party contractors 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 third party contractors, as applicable, shall make same available at no
cost to COUNTY in written form.
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CITY and its third party contractors 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. 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 third party contractors to agree to the
requirements and obligations of this Section 14.3.
14.4 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.
14.5 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 14.5 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.
14.6 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.
14.7 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
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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 herein. CITY shall transfer any monies in its possession referenced in this
section to COUNTY within sixty (60) days of termination of this Agreement.
14.8 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 C ITY's
agents any authority of any kind to bind COUNTY in any respect whatsoever.
14.9 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.
14.10 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:
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FOR COUNTY:
Director, Broward County Housing Finance
and Community Development Division
110 Northeast 3rd Street - Third Floor
Fort Lauderdale, Florida 33301
FOR CITY:
City of Tamarac
Attention: City Manager
7525 NW 88t Avenue
Tamarac, Florida 33321
14.11 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
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 COU NTY'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.
14.12 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
-18-
of any breach of a provision
any subsequent breach and
terms of this Agreement.
14.13 COMPLIANCE WITH LAWS
of this Agreement shall not be deemed a waiver of
shall not be construed to be a modification of the
CITY shall comply with all applicable federal,
ordinances, rules, and regulations in performing
obligations pursuant to this Agreement.
14.14 CONFLICT OF INTEREST
state, and local laws, codes,
its duties, responsibilities, and
CITY shall comply with the requirements of 24 C.F.R. Part 92.356 relative to the
Conflict of Interest provisions. Any possible conflicting interest on the part of
CITY, its employees, or agents, shall be disclosed in writing to the Division.
14.15 SURVIVAL
Either party'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.
14.16 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.
14.17 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
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
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14.18 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.
14.19 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 14 of this
Agreement, the term, statement, requirement, or provision contained in Articles 1
through 14 shall prevail and be given effect.
14.20 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 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.
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14.21 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
activities under HOME Rules and Regulations and does not result in an increase
in the funding amount set forth herein.
14.22 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.
14.23 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 14.23 shall not supersede or prevent
the exercise of any right the Parties may otherwise have to terminate this
Agreement.
14.24 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.
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14.25 DESIGNATED REPRESENTATIVE
CITY's Designated Representative under this Agreement shall be the City
Manager.
14.26 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is
y
acknowledged b the Parties. The attached Exhibits "A" - "H" are incorporated
g
into and made a part of this Agreement.
14.27 REPRESENTATION OF AUTHORITY
Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she has full authority to execute this
Agreement on behalf of the party.
14.28 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by the 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 the 13th day of May, 2014, 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
AZ
Signature
(Date)
Print Name and Title above
PME: hb
HOMEI LATAMARACHousingRehab071414.doc
07/17/14
#14-129.12
COUNTY
-23-
BROWARD COUNTY, through the
County Administrator
2
Bertha Henry
day of
, 2014
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
M
Patrice M. Eichen (Date)
Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC FOR DISBURSEMENT OF HOME PROGRAM FUNDS HOUSING
REHABILITATION PROGRAM - MINOR HOME REPAIR, FY 2014 FUNDING IN THE
AMOUNT OF $78,448
ATTEST:
ity Clerk
CITY
CITY OF TAMARAC
By '
Qrl�ayor
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-24-
rint/T Ale Name
day of , 2014
City Manager
Print/Type Name
7—?� of
�t tit , 2014
Approve as to form:
A r I
ity Attorney
EXHIBIT "A"
PROJECT DESCRIPTION
FY 2014 Funding
Project Description — City of Tamarac Housing Rehabilitation — Minor Home Repair
Program
Allocation HOME Funds: $78,448.00
The HOME Funds in the amount of $78,448.00 provided by COUNTY to CITY under the
Agreement shall be used for housing rehabilitation/minor home repair activities. A
minimum of two (2) Income Eligible Homeowners shall be assisted in an amount up to
thirty Thousand Dollars ($30,000-00) per homeowner, including all rehabilitation costs
define din 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 the City's Local Housing Assistance Plan (CHAP).
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:
The Deferred Payment Loan principal amount shall be forgiven in an equal
amount on the anniversary each year after the fifth (5th) year during the Owner -
Occupant's ownership and the occupancy of the property for the ten (10) year
term of the Loan. Repayment of the Loan, when required, shall be based upon
the prorated principal balance for the remaining term of the Loan.
• 100% repayable to City during Years 1-5
• 20% reduction on principal balance during Years 6-10
• Loan position no lower than second
• Subordination policy, now lower than second position and no cash out.
Applicants shall be processed by CITY in accordance with CITY's Project guidelines.
CITY shall place advertisements, if necessary, in the Sun Sentinel to establish new list
of potential applicants for assistance under the Agreement, verify income eligibility of
applicants and ensure the performance of lead based paint testing and abatement, as
needed, in accordance with 24 C.F.R. Part 92.355 for each property assisted under the
Agreement.
EXHIBIT "A"
PROJECT DESCRIPTION
(continued)
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 C.F.R. Part 92.
• Lead based paint testing and abatement, as needed, in accordance with
24 C.F.R. Part 92.355.
• Assistance shall be provided only to Income Eligible Households as defined in
the Agreement.
• Federal procurement procedures set forth in 24 C.F.R. 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 2of2
EXHIBIT "B"
. COSTS/BUDGET FOR PROJECT
Category
A. Staff Cost (Service Delivery)
B. Construction
FY 2014 Funding
FUNDING SOURCE
(1) HOME Funds
$7,800.00
$70,648.00
(2) CDBG Funds*
$20,000.00
$120o000.00
(3) TOTAL
$27,844.00
$190,604.00
C. TOTAL $78,448.00 $1401000.00* $2189448.00
Budget Narrative FY 2014 Funding
Category Funding Source: HOME
A. Staff Cost - Project management
and implementation of HOME Program
B. Construction - Hard and soft costs, including,
but not limited to, inspections and appraisals
C. TOTAL
$7,800.00
70,648.00
$787448.00
Category Fundin
A. Staff Cost - Project management
and implementation of HOME Program
Source: CDBC
$20,000.00
B. Construction - Hard and soft costs, including,
but not limited to, inspections and appraisals $120,000.00
C. TOTAL $140,000.00
*CITY's CDBG Funds to be used by CITY as leverage on HOME funded projects, if
necessary.
EXHIBIT "C"
TIMETABLE/SCHEDULE FOR PROJECT
WORK TASKS
Identify and process
Income Eligible Households
Work Write -Ups
Provide Monthly Progress
Reports to COUNTY
Begin Rehabilitation work
Invoice the County
Provide Final Report
to COUNTY
FY 2014 Funding
START-UP
October 2014
January 2015
January 2015
February 2015
July 2015
N/A
COMPLETION
August 2015
April 2016
September 2016
June 2016
August 2016
September 2016
Period Covered:
B.1
B.2
W
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EXHIBIT "D"
MONTHLY PROGRESS REPORT
to
Project Information.
Agency:
Person Preparing the Report:
Signature and Title:
Project Title:
Project Start-up Date:
Project Completion Date:
Amended Completion Date:
Project Cost.
Total Project
HOME Funding
Other Funding
Budget
S
Date of Report:
Funds Expended
S
Declaration of Agency Budget Changes.
Program Income/ Recapture:
Source of Program Income/Recapture:
Other Grant Awards.
Date(s):
Funding Source
Dollar Amount
Percent of Project Completed to date.
Page 1 of 3
Percentage
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(continued)
C. 1 Describe specific work tasks and aualified accomplishments completed
this month:
Qualified
Accomplishments
Task 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.
C.4 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. Proaram Objectives:
Work Tasks Projected Yearly/ Monthly Progress Supporting
Total Performance Progress YTD Documentation
Page 2 of 3
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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.
I 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
HOMEOWNER REHAB
NAME
(First Initial & Last Name)
ADDRESS
(City,State, Zip Code)
No. of
Bedrooms
Race
Size of
Household
Type of
Household:
(single non
Elderly, elderly,
Single parent, two
Parents, other)
$ HOME
Subsidy
Amount
$ Home
Value After
Rehab
1. Project:
2. City:
3.
Billing #
EXHIBIT "G"
REQUEST FOR PAYMENT
Broward County Board of Commissioners, Broward County Florida
Housing and Community Development Division
HOME PROGRAM
FY 2014 FUNDING
CONTRACT PERIOD THROUGH
HOME Funding Amount: $
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 a Broward County approved
agreement, including any amendments thereto; and that the progress of the work and services
under the project agreement are satisfactory and are consistent with the amount billed.
Signature and title of Authorized Official
Date
Page 2 of 2
EXHIBIT H
Insurance Requirements
The following coverage is deemed the minimum insurance required for this project_ The selected firm must be prepared to provide proof of
insurance commensurate with or in excess of this requirement- Any deviation is subject to the approval of Risk Management.
TYPE OF INSURANCE
MINIMUM LIABILITY LIMITS
Each Occurrence
Aggregate
COMMERCIAL GENERAL LIABILITY
Bodily Injury
Broad form or equivalent
With no exclusions or limitations for.
Property Damage
[x ] Premises —operations
$ 500 k
$ 1 mil
[x ] Explosion, Collapse, Underground Hazards
Combined single limit
[x ] ProductslCom pleted Operations Hazard
Bodily Injury &
[x ] Contractual Insurance
Property Damage
-
[x ] Independent Contractors
[x J Personal Injury
[x ] Other: Mobile Equipment
Personal Injury
BUSINESS AUTO LIABILITY
Bodily Injury (each
COMPREHENSIVE FORM
person)
Bodily Injury (each
[x] Owned
[x] Hired
accident)
Property Damage
[x] Non -owned
[x] Scheduled
[x] Any Auto
Combined single limit
$ 500 k
Bodily Injury &
Property Damage
EXCESSIUMBRELLA LIABILITY
Fallow form basis or
May be used to supplement minimum
Add'I insd endorse-
liabiiity coverage requirements.
ment is required
[x ] WORKERS' COMPENSATION
Chapter 440 FS
STATUTORY
U.S. Longshoremen &
Harbor Workers' Act &
It exempt: State Exemption Certificate or letter on
Jones Act is required
company letterhead is required.
for any activities on or
[x ] EMPLOYERS' LIABILITY
teach accident)
$ 100 k
about navigable water
r
DESCRIPTION CF OPERATIONS'LoCATIONSVEHICLES
BROiMARD CCLWTY AND CITY ARE LISTED AS AN ?ADDITIONAL INSUREDS ON THE GENERAL DA$ILITti' POLICY.
REFERENCE:
Broward County
115 South Andrews Avenue
Fort Lauderdale, FL 33301