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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-090Temporary Resolution #12228 July 16, 2012 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2012- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2012- 2013 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 2012-2013, 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 1 Temporary Resolution #12228 July 16, 2012 Page 2 of 3 Program funds for Fiscal Year 2012-2013 in the amount of $82,883.00, 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 2012-2013. 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 2012-2013, 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 2 Temporary Resolution #12228 July 16, 2012 Page 3 of 3 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: passage and adoption. This Resolution shall become effective immediately upon its PASSED AND ADO TED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY of , 2012. ATT ES PETER M. J. RIC CITY CLERK I/ RDSON, CRM, CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GORIIEN CITY ATTORNEY CITY OF TAMARAC, FLORIDA B ETH TALAB I SCO, MA 0 RECORD OF COMMISSION VOTE: MAYOR TALABISCO LAY- DIST 1: COMM. BUSHNE L DIST 2: COMM. GOMEZ ("' DIST 3: V/M GLASSER DIST 4: COMM. DRESSLEF K INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM FUNDS MINOR HOME REPAIR/RESIDENTIAL REHABILITATION PROGRAM FY 2612/2013 CONTRACT #: 12-HFCD-062-HOME INDEX SECTION PAGE 1 PROJECT.........................................................................................................................2 2 FUNDING AMOUNT.........................................................................................................2 3 CONTRACTS WITH THIRD PARTIES............................................................................3 4 COMPLIANCE WITH REQUIREMENTS..........................................................................3 5 TIMETABLE.....................................................................................................................3 6 METHOD OF PAYMENT..................................................................................................4 7 REPORTS........................................................................................................................6 8 AFFIRMATIVE MARKETING POLICY..............................................................................6 9 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE................................................7 10 COUNTY BUSINESS ENTERPRISE PROGRAM............................................................7 11 PUBLIC ENTITY CRIMES................................................................................................7 12 RECAPTURE AND AFFORDABILITY..............................................................................7 13 WITHDRAWAL FROM CONSORTIUM............................................................................7 14 TERMINATION.................................................................................................................8 15 AMENDMENTS................................................................................................................9 16 LIABILITY.........................................................................................................................9 17 INSURANCE....................................................................................................................9 18 THIRD PARTY INDEMNIFICATION...............................................................................12 19 PERFORMANCE BOND................................................................................................13 20 MISCELLANEOUS.........................................................................................................13 EXHIBITS EXHIBIT "A" PROJECT DESCRIPTION EXHIBIT 111311 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 -i- INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM FUNDS FY 2012/2013 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." WITNESSETH WHEREAS, the Parties enter into this Agreement pursuant to Section 163.01, Florida Statutes, also known as the Florida Interlocal Cooperation Act of 1969; and WHEREAS, 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 26, 2009; 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 Investment Partnership Program grants funds ("HOME Funds") from HUD, and COUNTY desires to allocate a portion of the HOME Funds to various municipalities within the 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 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: 1. Prolect. 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 - 92.2151 "HOME eligible activities" are defined as Homeowner Rehabilitation, Homebuyer Activities, Rental Housing and Tenant -based Rental Assistance (TBRA). The Project to be implemented by CITY under this Agreement is the Minor Home Repair/Residential Rehabilitation Program. 1.3 Upon execution of this Agreement, CITY shall be designated by COUNTY as a HOME Subrecipient for FY 2012/2013 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 2012/2013 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 - $82,883-00 [ ] 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%) -2- CHDO set aside, as described below, and CITY shall administer the Project and subcontract the performance of the HOME eligible activities to be provided under the Agreement. CHDO means a Community Housing Development Organization established in accordance with 24 CFR 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. 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. If CITY elects to contract(s) with a third party, including a COUNTY -approved CHDO, to perform any HOME eligible activities with HOME Funds provided by COUNTY under this Agreement, it shall enter into a written agreement which contains the provisions specified in 24 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 both 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. 5.1 The term of this Agreement shall commence on the date of execution by COUNTY and shall end two (2) years from the commencement 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 -3- Agreement. CITY shall expend the HOME Funds allocated to the Project within the term of this Agreement. All HOME Funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. 5.2 CITY shall establish front and back end credit to debt ratios to use in determining the credit worthiness of an Income Eligible Household seeking conveyance by CITY of a housing unit following Project completion. 5.3 If the Project involves rehabilitation or construction of housing units, CITY shall convey the housing units to Income Eligible Households within six (6) months of the Project completion date, which is the end of the term of this Agreement, or the housing units shall be required to be converted to rental units. In the event the housing units are converted to rental units as provided for herein, CITY shall comply with 24 CFR 92.252 and rent the units to Income Eligible Households in accordance with the rental rates and affordability periods established by HUD. 6. Method of Payment. 6.1 CITY shall be reimbursed by COUNTY 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 Any of the following events shall be sufficient cause for suspension of payments. Such events include, but are not limited to: 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 HOME 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) days, unless HUD has designated CITY as a Participating Jurisdiction, wherein CITY will retain the HOME Funds for use in its own HOME program. -5- 6.8 Payments to CITY shall be sent to: City of Tamarac Attention: City Manager 7525 Northwest 88t" Avenue Tamarac, Florida 33321 6.9 If CITY, or any of its third party contractors or providers, 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. 6.10 COUNTY shall pay CITY as specific consideration for the indemnification contained in Section 18 herein, the sum of One Dollar ($1.00) in cash, the receipt of which is acknowledged by CITY. 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. 8. Affirmative Marketing Policy. CITY Policy, attached hereto as Exhibit Income Eligible Households. shall comply with the Affirmative Marketing "E," as it relates to marketing the Project to 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 HOME 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 161/2), 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'/2) in performing any services pursuant to this Agreement. 10. 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 CFR 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. 11. Public Entity Crimes. 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 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. -7- 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 HOME 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 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, safety or welfare. 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 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. 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 party 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. 17. Insurance. CITY and COUNTY are self -insured governmental entities subject to the limitations set forth in Section 768.28, Florida Statutes, as may be amended from time to time. CITY and COUNTY have instituted and shall maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28 Florida Statutes, as amended from time to time. Nothing herein is intended to serve as a waiver of each party's sovereign immunity. Each party shall provide the other with written verification of liability protection in accordance with state law prior to final execution of this Agreement. 17.1 In the event CITY elects to purchase excess liability coverage, Broward County, Florida, shall be named as an additional insured and certificate holder under said policy and COUNTY shall be notified of said coverage and provided evidence of same. 17.2 At a minimum, CITY shall maintain Workers' Compensation and Employers' Liability coverage. Workers' Compensation insurance shall apply for all employees in compliance with Chapter 440, Florida Statutes, as amended from time to time, "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy(ies) must include Employers' Liability with a minimum limit of Five Hundred Thousand Dollars ($500,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen &Harbor Workers Act and Jones Act. 17.3 Insurance Requirements for CITY's Provider(s). 17.3.1 In the event CITY elects to enter into an agreement with a third party provider(s) ("Provider") to perform any work/activities for the Project referenced herein, CITY shall include in its contract with the successful Provider the requirements set forth below in favor of COUNTY in addition to any CITY requirements and CITY shall provide COUNTY, prior to commencement of any activities, Certificates of Insurance evidencing compliance with the following requirements: 17.3.2 Provider shall maintain, on a primary basis and at its sole expense, at all times during the life of this Contract the following insurance coverage, limits, including endorsements described herein. The requirements contained herein, as well as CITY's or COUNTY's review or acceptance of insurance maintained by Provider is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Provider under this Agreement. a. Commercial General Liability: Provider shall maintain Commercial General Liability coverage with a limit of Five Hundred Thousand Dollars ($500,000.00) each Occurrence. Provider's coverage shall not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, Contractual Liability or Cross Liability. Coverage must also include Premises and/or Operations Coverage, and Explosion, Collapse and Underground Hazards. b. Business Automobile Liability: Provider shall maintain Business Automobile Liability coverage at a limit of not less than Five Hundred Thousand Dollars ($500,000.00) each occurrence combined single limit for bodily injury and property damage. Coverage shall include liability for Owned, Non -Owned, Hired and Any Auto if applicable. C. Workers' Compensation Insurance and Employers' Liability: Provider shall maintain Workers' Compensation Insurance for all employees in compliance with Chapter 440, Florida Statutes, as amended from time to time, and Employers' Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) each accident. Note: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement. - 10- d. Builder's Risk Insurance: Provider performing construction or remodeling services shall maintain Builder's Risk insurance and provide an all risk Completed Value form Builder's Risk Policy with a deductible not to exceed Ten Thousand Dollars ($10,000.00) each claim for all perils except wind and flood. For the peril of wind, Provider 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, Provider shall maintain a deductible that is commercially feasible which does not exceed One Hundred Thousand Dollars ($100,000.00). Such Policy shall reflect Broward County, as an additional loss payee. Provider shall be responsible for all deductibles. e. Additional Insured: Provider shall endorse CITY and COUNTY as additional insureds to the Commercial General Liability Policy and any Excess Policies. The additional insured endorsements shall read "City of Tamarac, Florida" and "Broward County, Florida." f. Waiver of Subrogation: Provider 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 Provider to enter into a pre -loss agreement to waive subrogation without an endorsement, then Provider 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: Provider shall provide CITY Certificate(s) c endorsements effect. f Insurance evidencing that all coverage, limits required herein are maintained and in full force a and and h. Such policy or policies shall be without any deductible amount unless otherwise specified and shall be issued by approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. 17.4 In the event of loss, CITY shall give prompt notice to the insurance carrier and COUNTY. COUNTY may make proof of loss if not made promptly by CITY. - 11 - 17.5 CITY shall furnish to COUNTY Certificates of Insurance or endorsements evidencing the insurance coverage specified in this Article prior to beginning performance of work under this Agreement. 17.6 All policies shall be endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverage will expire prior to the required term, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. 17.7 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 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. Third Party Indemnification. 18.1 Construction related services. In the event CITY enters into an agreement with a Contractor(s) to perform construction related services for the Project referenced herein, CITY shall include in its contract the requirements set forth below in favor of COUNTY, in addition to any CITY requirements. 18.1.1 To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement. These indemnifications shall survive the term of this Agreement. 18.2 General services. In the event CITY enters into an agreement with a third party Provider to perform general services for the Project referenced herein, CITY shall include in its contract the requirements set forth below in favor of COUNTY, in addition to any CITY requirements. 18.2.1 To the fullest extent permitted by law, Provider shall at all times hereafter indemnify, hold harmless and, at the County Attorney's option, defend or pay for an attorney selected by the County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including -12- attorney fees, court costs, and expenses, caused or alleged to be caused by intentional, reckless, or negligent act or omission of Provider, its employees, agents, servants, or officers, or accruing, resulting from, or related to the services provided by Provider under CITY's agreement with COUNTY, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, Provider shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY's option, pay for an attorney selected by County Attorney to defend COUNTY. The provisions of this section shall survive the expiration or earlier termination of this Agreement. 18.3 In order to ensure the indemnification obligation noted above, Contractor or Provider(s), as applicable, 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 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 for the period of time required by 24 C.F.R. 92 if such retention period is greater than that required by the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time. CITY 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 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, if applicable, for a minimum -13- of five (5) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the required retention period or five (5) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the retention period 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. CITY shall, by written contract, require any COUNTY approved subcontractor(s) to agree to the requirements and obligations of this Section 20 (A). B. Financial Statements. CITY shall comply with the requirements and standards of OMB Circular A-87 (now 2 C.F.R. 225), "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments" and 24 C.F.R. 857 incorporated herein by reference. If CITY has caused any HOME Funds provided under this Agreement to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to COUNTY from nonfederal resources, or if this Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY. CITY shall comply with the audit requirements of OMB Circular A-133, entitled "Audits of State and Local Governments and Non -Profit Organizations." The audit shall cover the entire operations of the local government or, at the option of that government, may cover only the department or agency that received, expended, or otherwise administered the federal funds. Such audit must be filed with COUNTY within one hundred twenty (120) days after the close of the fiscal year of the governmental entity. All HOME 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 MEN 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, 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. Unless the Agreement specifically provides for notice to be in accordance with this Article, such notice can be provided by other methods mutually agreed upon by the Contract Administrator and City of Tamarac. 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, Broward County Housing Finance and Community Development Division 110 Northeast 3rd Street — Third Floor Fort Lauderdale, Florida 33301 -15- FOR CITY: City of Tamarac Attention: CityManager t 7525 NW 88 Avenue Tamarac, Florida 33321 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. 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. - 16- J. Joint Preparation. The Parties 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. Jurisdiction of any controversies or legal problems 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 and venue for litigation arising out of this Agreement shall be exclusively 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. There is no commitment, agreement, or understanding concerning this Agreement that is not contained in this written document. 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. 0. 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. - 17- 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 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. R. Conflict of Interest. CITY 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. None of CITY's 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 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 shall 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. [Remainder of Page Left Intentionally Blank] -19- 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 May 1, 2012, and CITY OF TAMARAC, signing by and through its , duly authorized to execute same. WITNESS: Signature: Print Name: Approved as to insurance requirements :02 Risk Management Division PME:hb HOME ILA Subrecipient form 6/21 /12 #12-129.12 COUNTY BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR as County Administrator day of , 2012. Approved as to form by Office of the County Attorney for Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 a Patrice M. Eichen Assistant County Attorney (Date) -20- INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, FOR DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT OF HOME PROGRAM FUNDS ATTEST: By: City Clerk CITY CITY OF TAMARAC By: r Mayor Print/Type Name 7 day of �_. �. 2012. , By t"- R ■ City Manager ; ApprojeA as to form and legal sufficiency: err'✓l� 1' ,�,, �y;Ibl- City Attorne -21 - EXHIBIT "A" PROJECT DESCRIPTON FY 2012-2013 City of Tamarac Minor Home Repair/Residential Rehabilitation Program $825883.00 CITY shall provide minor home repair assistance of up to Thirty Thousand Dollars ($30,000-00) per home for a minimum of three (3) 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 shall 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: 0 Maximum value of a property after rehabilitation work is limited to Section 203 (b) of 24 CFR Part 92. 0 Lead based paint testing and abatement, as needed 24 CFR Part 92.355. 0 Maximum household income shall be less than 80% of the County median. 0 Federal procurement procedures set forth in 24 CFR Part 92.5050 are applicable to the selection of the contractor. 0 Ensure that the recapture and affordability restrictions set forth in the Agreement are followed. 0 Provide COUNTY with an individual scope of work and a tax assessment for each property prior to committing any HOME funds. 0 Review tax assessed value and scope of work to determine if the value of the property after rehabilitation work is completed meets HOME guidelines. EXHIBIT "B" COSTS/BUDGET FOR PROJECT FY 2012-2013 FUNDING SOURCE Category (1) HOME (2) CDBG (3) TOTAL A. Staff Cost B. Inspections C. Direct Client Subsidy D. Inspections E. Supplies F. Contractual Services G. Construction $82,883-00 $120,000-00 $202,883.00 H. Other/ Lien Recordings I. TOTALS $827883.00 $120,000-00 $2027883-00 EXHIBIT "B" COSTS/BUDGET FOR PROJECT FY 2012-2013 continued Budget Narrative FY 2012-2013 Total HOME Fund allocation: A minimum of three (3) households shall be assisted. $825883.00 Total Per Household shall be a maximum of $ 30,000.00 Construction (Fees &Rehab) Category Funding Source: HOME Funds A. Inspections: CITY currently has an agreement with a firm to perform the services for work specifications and interim and final work inspections. B. Appraisals: CITY currently has an agreement for an appraisal firm to conduct required after -rehab value appraisals. Recording/Docs: CITY's current document used to record against the property for housing assistance cost $61.00 to record and documentary stamp fees 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 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 START-UP October 2012 January 2013 January 2013 April 2013 July 2013 N/A COMPLETION June 2013 On -going on -going On -going September 2014 2 years from date of execution by COUNTY EXHIBIT "D" MONTHLY PROGRESS REPORT Period Covered: to Date of Report: A. Project Information. Agency: Person Preparing the Report: Signature & Title: Project Title: Project Start-up Date: Project Completion Date: Amended Completion Date: B.1 Proiect Cost. Bud et Funds Expended Percentage Total Project $ $ % HOME Funding $ $ % Other Funding $ $ % B.2 Declaration of Agency Budget Changes. Program Income/ Recapture: Source of Program Income/Recapture: B.3 Other Grant Awards. Date(s): Funding Source Dollar Amt B.4 Percent of Proiect Completed to date. Page 1 of 3 EXHIBIT "D" MONTHLY PROGRESS REPORT (Continued) C. 1 Describe saecific work tasks and aualified accomDlishments 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 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 Page 2 of 3 _ Vn 0 cn = w _ 0oEMMONS O Z a: X a w J Z z O m O _ 0 2 ac O F— It O a w cc F- w w z w ao v RENEE O. CL N U) v 0 s V� O = L O = O Oa o CL_ o° L E x = 0 _ 0 :� - > L 0 0 CL N � N a� N CL c� m 0 E o = UL Z L 000 L ._ SEMEN = L �o� .L > E a=az MIMMI 0 c, z •— .� � cn .� aoZO O Z •v m •� .) ._ CL t N .- . ZO L O E O o a� E o 0 o J 0 0 0 a. 0 a� 0 Z cY) O cY) a� cz a- f EXHIBIT "E" AFFIRMATIVE MARKETING POLICY A. AFFIRMATIVE MARKETING: Rental and homebuyer projects containing five (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. 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 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. Page 1 of 2 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. Page 2 of 2 11 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. 2. 3. 5. Project: City: Billing # EXHIBIT "G" REQUEST FOR PAYMENT Broward County Board of Commissioners, Broward County Florida Housing and Community Development Division HOME PROGRAM FY 2012/2013 FUNDING CONTRACT PERIOD THROUGH HOME Funding Amount: $ 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 0 Expenditures Total Expenditures this billing to date 0 0 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 this project; that the work and services are in accordance with Broward County agreement including any amendments thereto; and that the progress of the work an( under the project agreement are satisfactory and are consistent with the amount billed. Signature and title of Authorized official Date record for approved i services Page 2of2