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
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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
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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%)
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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
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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.
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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.
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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
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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