HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-012Temporary Resolution #12142
December 19, 2011
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012-_/C�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2011-
2012 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 2011-2012, 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 #12142
December 19, 2011
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Program funds for Fiscal Year 2011-2012 in the amount of $124,849.00, 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 2011-2012.
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 2011-2012, 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 #12142
December 19, 2011
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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 THE CI COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS o2s DAY OF , 2012.
ATTEST: -
PETER RICHARDSON, CIVIC, CRM
CITY CLERK Mll►►���
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CI OF TAMARAC, FLORIDA
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PAMELA BUSHNELL, MAYOR
P. BUSHNELL
D. GLASSER
M. SWENSON
M. GOMEZ
H. DRESSLER
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
N EY
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INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT
HOME PROGRAM
MINOR HOME REPAIR PROGRAM
FY 2011 /2012
CONTRACT #: 11-HFCD-056-HOME
INDEX
SECTION PAGE
1 PROJECT........................................................................................................................3
2 FUNDING AMOUNT.............................................:.......................................................... 3
3 CONTRACTS WITH THIRD PARTIES...........................................................................4
4 COMPLIANCE WITH REQUIREMENTS......................................................................... 4
5 TIMETABLE...................................................................:................................................4
6 METHOD OF PAYMENT................................................................................................. 5
7 REPORTS....................................................................................................................... 7
8 AFFIRMATIVE MARKETING POLICY............................................................................. 7
9 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE ................................................ 7
10 COUNTY BUSINESS ENTERPRISE (CBE) PROGRAM ................................................. 7
11 PUBLIC ENTITY CRIMES............................................................................................... 8
12 RECAPTURE AND AFFORDABILITY............................................................................. 8
13 WITHDRAWAL FROM CONSORTIUM........................................................................... 8
14 TERMINATION................................................................................................................ 8
15 AMENDMENTS............................................................................................................... 9
16 LIABILITY........................................................................................................................ 9
17 INSURANCE................................................................................................................. 10
18 CONTRACTOR INDEMNIFICATION............................................................................. 13
19 PERFORMANCE BOND................................................................................................ 13
20 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 REPORT
EXHIBIT "G"
REQUEST FOR PAYMENT
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INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT
HOME PROGRAM
MINOR HOME REPAIR PROGRAM
FY 2011 /2012
THIS INTERLOCAL AGREEMENT ("Agreement') is made by and between
BROWARD COUNTY, FLORIDA, a political subdivision of the State of Florida
("COUNTY"), and CITY OF TAMARAC, FLORIDA, a municipal corporation of the State
of Florida ("CITY"), collectively referred to as "the Parties."
V1>tli► *&IAM
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, COUNTY and CITY 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 Investment Partnership Program
Consortium Cooperation Agreement ("HOME Consortium Agreement') entered into by
all members of the Consortium 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 Consortium, is the
recipient of HOME funds from HUD, and COUNTY desires to allocate a portion of the
HOME funds to various municipalities within the Consortium, including CITY; and
WHEREAS, CITY and COUNTY have determined that it is mutually beneficial to
have COUNTY disburse HOME funds to CITY for CITY to implement HOME eligible
activities within CITY; and
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WHEREAS, COUNTY is required to designate CITY as a HOME Subrecipient in
order for CITY to contract with third parties 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:
Project.
1.1 CITY shall accomplish the general scope of services under this
Agreement by performing individual scopes of work or projects for each
Income Eligible Household deemed qualified by CITY in accordance with
this Agreement and consistent with the Rules and Regulations of HUD
related to HOME eligible activities.
1.2 In accordance with 24 CFR 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 a Minor Home Repair Program.
1.3 Upon execution of this Agreement, CITY shall be designated by COUNTY
as a HOME Subrecipient for FY 2011/2012 HOME funds for the purpose
of administering the referenced "HOME eligible activities" in CITY in
accordance with this Agreement and as more specifically described in
Exhibit "A," Project Description. All HOME eligible activities under. this
Agreement shall be for Income Eligible Households. Income Eligible
Households shall mean homeowners with incomes in the fifty percent
(50%) and eighty percent (80%) range of income based on COUNTY's FY
2011/2012 income limits set by HUD and adjusted for family size.
2. Funding Amount. The maximum amount of FY 2011/2012 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 - $124,849
[ ] 15% Community Housing Development
Organization (CHDO) set aside $_
Regular HOME Dollars means HOME funds allocated by COUNTY to CITY in
accordance with 24 CFR 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.
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CHDO means a Community Housing Development Organization established in
accordance with 24 CFR 92.2, and approved by COUNTY. CHDOs 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. CITY shall administer the
fifteen percent (15%) CHDO set aside in accordance with 24 CFR 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 Consortium,
COUNTY shall reduce CITY's allocation proportionately.
3. Contracts with Third Parties. CITY agrees that, if it elects to contract with a third
party(ies), 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 CFR
Part 92.504. In addition, any agreement between CITY and a third party for the
use of HOME funds provided by COUNTY under this Agreement shall comply
with all applicable HOME Rules and Regulations as described in Section 4
herein. CITY shall provide COUNTY's Housing Finance and Community
Development Division with a copy of any agreement(s) it enters into for HOME
eligible activities funded by this Agreement.
4. Compliance with Requirements. In addition to the general compliance with laws
provision set forth in Section 20(H) herein for the Parties, CITY shall comply with
all requirements imposed by HUD for the HOME Program set forth in 24 CFR
Part 92, any other applicable federal and local regulations, as well as,
requirements which may be imposed by the Consortium, collectively referred to
herein as "HOME Rules and Regulations." Such HOME Rules and Regulations,
as may be amended from time to time, shall be incorporated herein by reference.
5. Timetable. The term of this Agreement shall commence on the date of execution
by COUNTY and shall end two (2) years from said date, as further described in
Exhibit "C," Timetable/Schedule for Project. 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 COUNTY's 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 agrees to expend the funds
allocated to the Project within the term of this Agreement. All funds not expended
within the term of this Agreement shall remain in the custody and control of
COUNTY.
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6. Method of Payment.
6.1 COUNTY agrees to reimburse CITY for the Project expenses incurred as
provided for in Exhibit "B," Costs/Budget for Project, provided a
suspension of payment as provided for in Section 6.6 herein has not
occurred, and provided further that CITY complies with the procedures for
invoices and payments as set forth in this Section.
6.2 CITY, shall invoice COUNTY monthly for Eligible Costs, as described in
24 CFR 92.205, in accordance with Exhibit "G" Request for Payment, and
as follows:
6.2.1 CITY shall provide COUNTY with an executed original of any
contracts or subcontracts authorizing the work to be done on the Project.
6.2.2 CITY shall submit a certified copy of the purchase order authorizing
the services for which it is invoicing.
6.2.3 If CITY has awarded a contract to an independent contractor to
perform Project services, CITY shall submit to COUNTY a certified copy of
the contractor's invoice stating the services rendered and the date the
services were rendered.
6.2.4 CITY's administrator or the administrator's authorized
representative shall certify that the work that is being invoiced has been
completed.
6.3 Upon receipt of invoices, reports, and other materials as described in
Section 6.2, the Housing Finance and Community Development Division
("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.
6.4 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.
6.5 For purposes of this Section 6, invoices, reports, and other materials as
described in Section 6.3, 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.
6.6 The parties hereby agree that the following events are sufficient cause for
suspension of payments. Such events include, but are not limited to:
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6.6.1 Ineligible use of HOME funds;
6.6.2 Failure to comply with the terms of this Agreement;
6.6.3 Failure to submit reports as required including a favorable audit
report; and
6.6.4 Submittal of incorrect or incomplete reports in any material respect.
6.7 CITY shall not request disbursement of HOME funds under this
Agreement until the funds are needed for the payment of Eligible Costs as
described in 24 CFR 92.205. Program Income, interest earned or loan
repayments, hereinafter collectively referred to as ("recapture monies"), as
defined in 24 CFR 92.503, as amended from time to time, derived from
any projects set forth in this Agreement shall be accounted for by CITY
and reported to COUNTY in the Monthly Progress Report described in
Section 7 herein. 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
6.7 to COUNTY within sixty (60), unless HUD has designated CITY as a
Participating Jurisdiction, wherein CITY will retain the funds for use in its
own HOME program.
6.8 Payments to CITY shall be sent to:
City of Tamarac
Attention: City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
6.9 If CITY, or its contractors, cause any HOME funds provided by COUNTY
under this Agreement to be expended in violation 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 20 (E) herein, specifying the nature of the default and providing
CITY with an opportunity to cure said default within thirty (30) calendar
days of the date of the 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 request
for payment shall be withheld by COUNTY until paid.
7. Reports. COUNTY and CITY shall cooperate in the preparation of any and all
reports required by this Agreement. CITY shall furnish to COUNTY any
information COUNTY requests for preparation of reports required under the
HOME Rules and Regulations, specifically 24 CFR Part 92 and 24 CFR, 85.36
including, but not limited to, the Consolidated Plan and the Annual Performance
Report.
CITY shall complete and submit to COUNTY on a monthly basis the information
required in Exhibit "D," Monthly Progress Report, attached hereto. The first
Monthly Progress Report shall be due one (1) month after execution of this
Agreement by COUNTY. Upon completion of the Project described in this
Agreement, CITY shall complete and furnish to COUNTY, the information
required in Exhibit "F," Project Completion Report, attached hereto.
B. Affirmative Marketinq 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.
9. Equal Employment Opportunity Compliance. 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. 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 ensure nondiscrimination in
employment against disabled persons.
CITY's decisions regarding the delivery of services under this Agreement shall be
made without regard to or consideration of race, age, religion, color, gender,
gender identity and expression, pregnancy or sexual orientation (Broward County
Code, Chapter 161/), national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully used as a basis for
service delivery.
CITY shall not engage in or commit any discriminatory practice in violation of the
Broward County Human Rights Act (Broward County Code, Chapter 16%) in
performing any services pursuant to this Agreement.
10. County Business Enterprise ("CBE") Program. COUNTY has established a policy
relating to CBE Program participation in COUNTY contracts. Although this
Agreement does NOT have assigned CBE goals, in an effort to assist COUNTY
in achieving its objectives for the CBE Program, CITY is encouraged to utilize
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eligible local County business enterprises, where applicable.
11. Public Entity. Crimes. CITY agrees that no funds provided by COUNTY 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 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.
12. Recapture and Affordability. CITY shall ensure that the recapture and
affordability restrictions set forth in 24 CFR 92.503 are enforced by requiring the
Income Eligible Homeowners execute the following documents relating to the
amount of assistance applicable to their individual Project: Mortgage, Promissory
Note and a Declaration of Restrictive Covenants in favor of CITY, for an
affordability period determined by CITY in compliance with 24 CFR 92.503; each
in a form substantially similar to the documents provided by COUNTY for CITY's
use.
13. Withdrawal from Consortium. Should CITY elect to withdraw from the Consortium
and be approved by HUD to become a HOME Participating Jurisdiction (meaning
CITY receives funds to operate its own HOME Program), COUNTY shall transfer
to CITY any Program Income, recapture monies and repayments attributable to
CITY's allocation of HOME funds available at the time CITY withdraws from the
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 Consortium and not be eligible to
become a HOME Participating Jurisdiction, CITY shall transfer to COUNTY any
Program Income, recapture monies and repayments attributable to CITY's
HOME funding allocation during the period of time CITY was a Consortium
member. In this event, COUNTY shall retain all obligations and responsibilities
attributable to such HOME funds.
If CITY elects to withdraw from the Consortium, CITY shall provide COUNTY with
notice of termination for convenience as provided for in Section 14 herein. CITY
shall transfer any monies in its possession referenced in this Section 13 to
COUNTY within sixty (60) days of termination of this Agreement.
14. Termination.
14.1 This Agreement may be terminated for cause by the aggrieved party if the
party in breach has not corrected the breach within ten (10) days after
written notice from the aggrieved party identifying the breach, or for
convenience by the Board of County Commissioners for COUNTY or CITY
upon not less than thirty (30) days' written notice to the other party
pursuant to Section 20(E) herein. If CITY elects to terminate this
Im
Agreement, or otherwise terminates, withdraws, or ceases its membership
in the Consortium, CITY shall not be entitled to a refund or return of any
unused portion of the HOME funding allocation. 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 or safety. An erroneous termination for cause
shall be considered a termination for convenience.
14.2 Termination of this Agreement for cause by COUNTY shall include, but
not be limited to, multiple breaches of this Agreement which have a
material adverse effect on the efficient administration of the Project
notwithstanding whether any such breach was previously waived or cured.
14.3 Notice of termination shall be provided in accordance with the "Notices"
section of this Agreement except that notice of termination by the Contract
Administrator which the Contract Administrator deems necessary to
protect the public health, safety, or welfare may be verbal notice which
shall be promptly confirmed in writing in accordance with the "Notices"
section of this Agreement.
15. Amendments. This Agreement may only be amended by written consent of both
parties in a form of equal dignity and formality as this Agreement. Such
amendments shall be subject to approval of the Board of County Commissioners,
except the County Administrator shall be authorized to execute amendments that
extend the term of the Agreement. The Division Director shall be authorized to
approve line item changes to the budget information set out in Exhibit "B,"
Costs/Budget for Project, in the form of an amendment to this Agreement
provided such changes do not result in an increase in the funding amount set
forth herein.
16. Liability. CITY and COUNTY are state agencies or political subdivisions of the
state of Florida as defined in Chapter 768.28, Florida Statutes, and each agrees
to 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.
17. Insurance.
17.1 The Parties shall each individually maintain throughout the term of
this Agreement any and all applicable insurance required by Florida law
for governmental entities and each shall furnish to the other party written
verification of such insurance upon request of the party.
a. In the event CITY elects to perform the work itself and not through
a contractor(s) and, if CITY is not self -insured, CITY agrees that, if the
initial insurance expires prior to the completion of the work, renewal copies
of policies shall be furnished to COUNTY thirty (30) days prior to the date
of their expiration. The Commercial General Liability policy and Certificate
of Insurance shall reflect Broward County, Florida, as an additional
insured.
b. Notice of Cancellation and/or Restriction - The policy(ies) must be
endorsed to provide COUNTY with thirty (30) days notice of cancellation
and/or restriction.
C. Prior to COUNTY's approval, the Contractor shall furnish to
COUNTY's Contract Administrator, Certificates of Insurance or
endorsements evidencing the insurance coverage specified above. The
required Certificates of Insurance shall name the types of policies
provided, the insured and additional insured, as well as inception and
expiration dates.
17.2 Additional Insurance provisions. In the event CITY elects to enter in an
agreement with a contractor(s) to perform work/activities for the Project
referenced herein, CITY agrees to include in its contract with the
successful contractor(s) the requirements set forth below in favor of
COUNTY in addition to any CITY requirements and CITY further agrees to
provide COUNTY, prior to commencement of any activities, Certificates of
Insurance evidencing CITY's compliance with the requirements of this
section.
A. Insurance Requirements:
1. Contractor agrees to 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 Contract.
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a. Commercial General Liability: Contractor agrees to maintain
Commercial General Liability coverage at a limit of not less than
Five Hundred Thousand Dollars ($500,000.00) each Occurrence,
One Million Dollars ($1,000,000.00) annual aggregate. Contractor
agrees its coverage will not contain any restrictive endorsement(s)
excluding or limiting Product/Completed Operations, Independent
Contractors, Broad Form Property Damage, Explosion, Collapse
and Underground Hazard (XCU) Coverage, Contractual Liability or
Cross Liability.
b. Business Automobile Liability: Contractor agrees to
maintain Business Automobile Liability coverage at a limit of not
less than Five Hundred Thousand Dollars ($500,000.00) Each
Occurrence. Coverage shall include liability for Owned,
Non -Owned and Hired automobiles. In the event Contractor does
not own automobiles, Contractor agrees to maintain coverage for
Hired and Non -owned Auto Liability, which may be satisfied by way
of endorsement to the Commercial General Liability policy or
separate Business Auto Liability policy.
C. Workers' Compensation Insurance and Employer's
Liability: Contractor agrees to maintain Workers' Compensation
Insurance and Employer's Liability Insurance. Insurance in
compliance with "Workers' Compensation Law" of the State of
Florida and all applicable federal laws, and coverage must include
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 agrees to maintain builder's risk
insurance to provide all risk Completed Value form Builder's Risk
Policy with a deductible not to exceed Fifteen Thousand Dollars
($15,000.00) 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, Florida,
as additional loss payee. Contractor shall be responsible for up to
the first Ten Thousand Dollars ($10,000.00) of loss within any of
the Policy's deductible.
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e. Additional Insured: Contractor agrees to endorse
CITY and COUNTY as additional insureds to the Commercial
General Liability. The additional insureds shall read "City of
Tamarac, Florida" and "Broward County, Florida."
f. 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 agrees to
provide CITY and COUNTY a Certificate(s) of Insurance evidencing
that all coverage, limits and endorsements required herein are
maintained and in full force and effect. Said Certificate(s) of
Insurance shall include a minimum of thirty (30) day endeavor to
notify due to cancellation or non -renewal of coverage. The
Certificate Holder address shall read:
For CITY:
City of Tamarac
Attention: City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
For COUNTY:
Broward County Housing Finance.
and Community Development
Division
Attention: Division Director
110 Northeast 3`d Street, 3`d Floor
Fort Lauderdale, Florida 33301
h. Umbrella or Excess Liability: Contractor may satisfy
the liability limits required above for Commercial General Liability or
Business Auto Liability under an Umbrella or Excess Liability policy.
There is no minimum Per Occurrence limit of liability under the
Umbrella or Excess Liability; however, the Annual Aggregate limit
shall not be less than the highest "Each Occurrence" limit for either
Commercial General Liability or Business Auto Liability. Contractor
agrees to endorse CITY and Broward County, Florida, as an
"Additional Insured" on the Umbrella or Excess Liability, unless the
Certificate of Insurance states that the Umbrella or Excess Liability
provides coverage on a pure/true "Follow -form" basis.
i. Right to Revise or Reject: CITY and COUNTY reserve
the right, but not the obligation, to review and revise any insurance
requirement, not limited to limits, coverage and endorsements
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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, CITY and COUNTY 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 of its poor financial condition or failure to operate legally.
18. Contractor Indemnification. In the event CITY enters into an agreement with a
contractor(s) to perform any of the services for the Project referenced herein,
CITY agrees to include in its contract with the successful contractor(s) the
requirements set forth below in favor of COUNTY in addition to any CITY
requirements.
18.1 CITY's 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, recklessness, or intentionally wrongful conduct of CITY's
Contractor, and other persons employed or utilized by CITY's Contractor
in the performance of this Agreement. These indemnifications shall
survive the term of this Agreement. To the extent permitted by law, in the
event that any action or proceeding is brought against COUNTY by reason
of any such claim or demand, CITY's Contractor shall, upon written notice
from COUNTY, resist and defend such action or proceeding by counsel
satisfactory to COUNTY.
18.2 To the extent permitted by law, the indemnification provided above shall
obligate CITY's Contractor to defend, at its own expense, to and through
appellate, supplemental, or bankruptcy proceeding, or to provide for such
defense, at COUNTY's option, any and all claims of liability and all suits
and actions of every name and description covered by Section 18.1 above
which may be brought against COUNTY, whether services were
performed by CITY's Contractor or persons employed or utilized by CITY's
Contractor.
18.3 In order to insure the indemnification obligation noted above, CITY's
contractor shall, at a minimum, provide, pay for, and maintain in force at
all times during the term of this Agreement (unless otherwise provided),
the insurance coverage set forth in Article 17 herein.
19. 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
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COUNTY's review and approval, COUNTY shall remit to CITY the ten percent
(10%) portion of the amounts previously withheld.
20. Miscellaneous.
A. Audit Rights. COUNTY shall have the right to audit the books, records,
and accounts of CITY that are related to the Project or the HOME
Program. CITY shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the
Project or the HOME Program. All books, records, and accounts of CITY
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 shall
make same available at no cost to COUNTY in written form.
CITY 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 of the Florida Public Records
Act (Chapter 119, Florida Statutes, as amended from time to time), if
applicable, or, if the Florida Public Records Act is not applicable, for a
minimum period of three (3) years after termination of this Agreement. If
any audit has been initiated and audit findings have not been resolved at
the end of the retention period or three (3) 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 records, CITY shall comply with all requirements
thereof; however, no confidentiality or non -disclosure requirement of either
federal or state law shall be violated by CITY. 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.
B. Financial Statements.
CITY agrees to comply with the requirements and standards of OMB
Circular A-87, "Principles for Determining Costs Applicable to Grants and
Contracts with State, Local, and Federally Recognized Indian Tribal
Governments" and 24 C.F.R. 85, incorporated herein by reference.
CITY agrees that if it 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.
CITY agrees to comply with the audit requirements of OMB Circular A-
133, entitled "Audits of State and Local Governments and Non -Profit
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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 year of the
governmental entity. All grant funds from COUNTY should be shown via
explicit disclosure in the annual financial statements or the accompanying
notes to the financial statements.
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.
C. 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.
D. Third Party Beneficiary. Neither CITY nor COUNTY intends to directly or
substantially benefit a third party by this Agreement. Therefore, the
Parties agree 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. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in
any third person or entity under this Agreement.
E. 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:
FOR COUNTY:
Director
Housing Finance and Community Development Division
110 Northeast P Street — Third Floor
Fort Lauderdale, Florida 33301
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FOR CITY:
City of Tamarac
Attention: City Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
F. Assignment. Neither this Agreement nor any interest herein shall be
assigned, transferred, or encumbered by either party. CITY is permitted to
subcontract the performance of services required by this Agreement in
accordance with the terms and conditions set forth herein.
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.
G. Waiver and Materiality. COUNTY and CITY agree that each requirement,
duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
Either party'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.
H. Compliance with laws. CITY and COUNTY shall comply with all federal,
state, and local laws, codes, ordinances, rules, and regulations in
performing its duties, responsibilities, and obligations related to this
Agreement.
I. Severability. 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 COUNTY or CITY elects to terminate this
Agreement. An election to terminate this Agreement based upon this
provision shall be made within seven (7) days after the finding by the court
becomes final.
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Joint Preparation. The Parties acknowledge that they have sought and
received whatever competent advice and counsel necessary for them to
form a full and complete understanding of all rights and obligations herein
and 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 party than the other.
K. Governing Law and Venue. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of
Florida. Any controversies or legal problems arising out of this Agreement
and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the state courts of the
Seventeenth Judicial Circuit and venue for litigation arising out of this
Agreement shall be in such state courts. 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.
L. Merger. 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. The Parties agree that there is
no commitment, agreement, or understanding concerning this Agreement
that is not contained in this written document. Accordingly, the Parties
agree that no deviation from the terms hereof shall be predicated upon
any prior representation or agreement, whether oral or written.
M. 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 this Agreement, the term, statement, requirement, or provision
contained in Articles 1 through 20 of this Agreement shall prevail and be
given effect.
N. Incorporation by Reference. The truth and accuracy of each "WHEREAS"
clause set forth above is acknowledged by the Parties and is incorporated
herein by reference as if set forth in full herein. The attached Exhibits
"A" - "G" are incorporated into and made a part of this Agreement.
O. Authority. Each individual executing this Agreement on behalf of a party
hereto does hereby represent and warrant 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.
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P. Contract Administrators. The Contract Administrator for COUNTY is the
Director of the Housing Finance and Community Development Division or
the Assistant Director, Housing Finance and Community Development
Division. The Contract Administrator for CITY is CITY's Manager or
designee. The primary responsibilities of the Contract Administrators are
to coordinate and communicate with each other and to manage and
supervise execution and completion of the scope of work and the terms
and conditions of this Agreement as set forth herein. In the administration
of this Agreement, as contrasted with matters of policy, all parties may rely
on the instructions or determinations made by the respective Contract
Administrators for their particular entity.
Q. 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.
R. Conflict of Interest. CITY covenants it shall comply with the requirements
of 24 CFR 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.
S. 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 related to its performance under this
Agreement. CITY agrees that none of its employees shall, during the term
of this Agreement, serve as an adverse or hostile witness against
COUNTY in any legal or administrative proceeding in which he or she is
not a party, unless compelled by court process, nor shall such persons
give sworn testimony or issue a report or writing, as an expression of his
or her opinion, which is adverse or prejudicial to the interests of COUNTY
in any such pending or threatened legal or administrative proceeding. The
limitations of this section shall not preclude such persons from
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representing themselves in any action or in any administrative or legal
proceeding regarding this Agreement. In the event CITY is permitted to
utilize subcontractors to perform any services required by this Agreement,
CITY agrees to prohibit such subcontractors, by written contract, from
having any conflicts as within the meaning of this section.
T. Originals. This Agreement may be executed in three (3) or more
. counterparts, each of which shall be deemed to be an original.
[The remainder of the page is left intentionally blank.]
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY, through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its County Administrator, authorized to
execute same by Board action on March 29, 2011, and CITY OF TAMARAC, signing by
and through its I , duly authorized to execute same.
WITNESS:
COUNTY
BROWARD COUNTY, through the
BROWARD COUNTY ADMINISTRATOR
Signature:
County Administrator
Print Name: day of , 20_
Approved as to form by
Office of County Attorney
Broward County, Florida
JONI ARMSTRONG COFFEY, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Approved as to Insurance Telephone: (954) 357-7600
Requirements Telecopier: (954) 357-7641
By: By
Risk Management Division PATRICE M. EICHEN (Date)
(Date) Assistant County Attorney
PME:hb
2011 HOME ILA form
12/14/11
#11-129.21
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INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC, FLORIDA, FOR DESIGNATION OF SUBRECIPIENT AND
DISBURSEMENT OF HOME FUNDING PROGRAM FOR MINOR HOME REPAIR
PROGRAM
ATTEST:
City Clerk
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EXHIBIT "A"
PROJECT DESCRIPTON
CITY OF TAMARAC — Minor Home Repair Program $124,849
CITY shall provide minor home repair assistance of up to Thirty Thousand Dollars
($30,000.00) per home for a minimum of four (4) Income Eligible Households ("Clients")
in accordance with the terms of the Agreement and specifically Exhibit "B,"
Costs/Budget for Project. The assistance includes all rehabilitation costs defined in the
Agreement for HOME eligible activities. Applicants will be processed by CITY on a first
come, first served basis. CITY's Program will be administered in accordance with the
City's Local Housing Assistance Plan (LHAP).
CITY shall comply with HOME Rules and Regulations governing the Project and CITY's
Program including, but not limited to the following:
o Maximum value of a property after rehabilitation work is limited to Section 203 (b)
of 24 CFR Part 92.
o Lead based paint testing and abatement, as needed 24 CFR Part 92.355.
o Maximum household income shall be less than 80% of the County median based
on 2011/12 income limits established by HUD and adjusted for family size.
o Federal procurement procedures set forth in 24 CFR Part 92.5050 are applicable
to the selection of the Contractor(s).
o Ensure that the recapture and affordability restrictions set forth in the Agreement
are followed.
o Provide COUNTY with an individual scope of work and a tax assessment for
each property prior to committing any HOME funds.
o Review tax assessed value and scope of work to determine if the value of the
property after rehabilitation work is completed meets HOME guidelines.
COUNTY shall comply with HOME Rules and Regulations governing the Project,
including but not limited to the following:
o Handle and process all payment requests from CITY.
o Prepare, process and record Mortgages between COUNTY and Homeowner.
o Prepare Satisfaction of Mortgages, Subordinations and payoffs as needed.
o Provide CITY with completed project file on each individual project.
EXHIBIT "B"
COSTS/BUDGET FOR PROJECT
FY 2011-2012
FUNDING SOURCE
Category (1) HOME
A. Staff Cost
B. Inspections
C. Direct Client Subsidy
D. Inspections
E. Supplies
F. Contractual Services
G. Construction $124,849.00
H. Other/Lien Recordings
I. TOTALS $124,849.00
(2) CDBG (3) TOTAL
$120,000.00
$120,000.00
Budget Narrative FY 2011-2012
Total HOME allocation: $124,849.00
A minimum of four (4) households to be assisted
TOTAL Per household: $ 30,000.00 Construction (Fees & Rehab)
Cateoory Fundinq Source HOME
A. Inspections: Currently the City has an agreement with a firm to perform the services for
work specifications and interim and final work inspections.
B. Appraisals: The City of Tamarac currently has an agreement for an appraisal firm to
conduct required after -rehab value appraisals.
C. Recording/Docs: The City's current document used to record against the property for
housing assistance cost $61.00 to record and documentary stamp fee vary depending
on the amount of the lien. The above amount is based on the lien amount for just HOME
funding, if additional funds are leveraged, that cost will increase.
EXHIBIT "C"
TIMETABLE/SCHEDULE FOR PROJECT
WORK TASKS START-UP COMPLETION
Identify and process December 2011 June 2013
Income Eligible Households
Work Write -Ups January 2012 October 2013
Provide Monthly Progress Reports January 2012 On -going
to COUNTY
Begin Rehabilitation work April 2012 October 2013
Invoice the County July 2012 October 2013
Provide Final Report to County N/A 2 years after execution
of Agreement by County
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 Agency 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.
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 Proiect:
C.3 Anticipated problems or concerns with the Proiect: Please identify technical
assistance needed and/or requested from Community Development staff.
C.4 Anticipated advertisements and/or other contractual services: If applicable,
has Community Development staff been advised and appropriate steps taken to
assure compliance?
D. Program Objectives:
Work Tasks Projected Yearly/ Monthly Progress Supporting
Total Performance Progress YTD Documentation
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EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
A. AFFIRMATIVE MARKETING:
Rental and homebuyer projects containing 5 or more HOME assisted units must comply
with the Affirmative Marketing Policy described below, or an affirmative marketing policy
approved by HUD or adopted by a local government if such policy is more restrictive
than that which is set forth below or approved by HUD. If a HOME assisted unit is
advertised for rental, it will be done in a manner to inform persons who would otherwise
not be likely to apply for a unit. Owners of properties who participate in this program
shall not refuse to rent to tenants holding Section 8 Housing certificates except for
cause, such as: refusal to rent to tenants who previously failed to pay their rent and/or
maintain their units or those who otherwise were in violation of the terms and conditions
of their tenancy.
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 Broward County
Housing and Community Development Program.
From time to time, developer or owner will 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 Broward County Housing 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.
EXHIBIT "E"
AFFIRMATIVE MARKETING POLICY
(Continued)
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 affirmative marketing requirements as
provided herein and/or set out by Broward County, 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.
B. CIVIL RIGHTS
The borrower shall not discriminate upon the basis of 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 this program in accordance with Title 8 of the Civil Right Act of 1968 42
USC 3601-3619 and the HUD Fair Housing Code 24 CFR Parts 14, 100, 103-106,
109,110 115 and 121.
C. INTEREST OF PUBLIC BODY
No member of the governing body of Broward County nor any employee of the Housing
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 the County's relocation policies.
Information on this policy may be obtained from the Housing and Community
Development Division, 115 South Andrews Avenue, #311, Fort Lauderdale, Florida
33301.
The existing evaluation and monitoring activities conducted by the Housing 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.
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EXHIBIT "F"
PROJECT COMPLETION REPORT
Project name
Initial HOME Funding Amount
Amended HOME Funding Amount
Amount Expended
Amount Unexpended
For each Income Eligible Household provided services under the Agreement, furnish the
following:
• household size
• race
• rental or homeowner
• number of bedrooms
• percent of median income
• female head of household — Y/N
Other sources of Project funding:
• type
• interest rate
• loan term
• amount
For rental properties provide for each unit
• Rent
• Amount of Utility allowance
• Tenant contribution
• Rental subsidy
1. Project:
2
3
5
EXHIBIT "G"
REQUEST FOR PAYMENT
Broward County Board of Commissioners, Broward County Florida
Housing and Community Development Division
HOME PROGRAM
FY 20 /20_ 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
Up to last billing
Project Costs:
(Itemized per Exhibit "B")
TOTALS
Expenditures Total Expenditures
this billing to date
Page 1 of 2
EXHIBIT "G"
REQUEST FOR PAYMENT
(Continued)
Detail of Request for Payment (attach copies of backup for billing)
Vendor/Client Name Invoice # Description Amount
Certification: I certify that this billing is correct and just and based upon obligations of record for
this project; that the work and services are in accordance with Broward County approved
agreement including any amendments thereto; and that the progress of the work and services
under the project agreement are satisfactory and are consistent with the amount billed.
Signature and title of Authorized Official Date
Page 2 of 2
10/03