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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-078Temporary Resolution #12034 June 20, 2011 Page 1 of 3 CITY OF TAMARAC, FLORIDA�j RESOLUTION NO. R-2011- /4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2010- 2011 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 2010-2011, 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 26, 2009; 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 #12034 June 20, 2011 Page 2 of 3 Program funds for Fiscal Year 2010-2011 in the amount of $139,297.00, 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 2010-2011. 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 2010-2011, 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 I 1 1 Temporary Resolution #12034 June 20, 2011 Page 3 of 3 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE QTY MMISSION OF THE CITY OF TAMARAC, FLORIDA THIS %. DAY OF , 2011. AMA q NE : o ESl Pggg3 OSep-z 'O ATTEST: �L''' •.......• L� PETER RIC AR S N, CRM, MC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. blWl S. GOREN ` CITY ATTORNEY K CITY OF TAMARAC, FLORIDA pa',UIL 3111A PAMELA BUSHNELL, MAYOR P. BUSHNELL V! M. GOMEZ r D. GLASSER M. SWENSON H. DRESSLER_-- INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT • HOME PROGRAM MINOR HOME REPAIR/RESIDENTIAL REHABILITATION PROGRAM FY 2010/2011 CONTRACT #: 11-HFCDD-003-HOME K 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 ............................................... 6 10 COUNTY BUSINESS ENTERPRISE (CBE) PROGRAM ................................................. 6 11 PUBLIC ENTITY CRIMES............................................................................................... 7 12 RECAPTURE AND AFFORDABILITY............................................................................. 7 13 WITHDRAWAL FROM CONSORTIUM........................................................................... 7 14 TERMINATION................................................................................................................ 7 • 15 AMENDMENTS............................................................................................................... 8 EXHIBITS EXHIBIT "A" PROJECT DESCRIPTION EXHIBIT "B" COSTS/BUDGET FOR PROJECT EXHIBIT "C" TIMETABLE/SCHEDULE FOR PROJECT EXHIBIT "D" MONTHLY PROGRESS REPORT EXHIBIT "E" AFFIRMATIVE MARKETING POLICY EXHIBIT "F" PROJECT COMPLETION REPORT EXHIBIT "G" COMPLETED BILLING FORM • INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM MINOR HOME REPAIR/RESIDENTIAL REABILITATION PROGRAM FY 2010/2011 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." 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, 2009-1 said HOME Consortium Agreement is incorporated herein by reference-, and WHEREAS, COUNTY, in its representative capacity to the U. S. Department of Housing and Urban Development ("HUD") for all members of the Consortium, is the recipient of HOME funds from HUD, and COUNTY desires to allocate a portion of the HOME funds to various municipalities within the Consortium, including CITY; and WHEREAS, CITY and COUNTY have determined that it is mutually beneficial to have COUNTY disburse HOME funds to CITY for CITY to implement HOME eligible activities within CITY; and WHEREAS, COUNTY is required to designate CITY as a HOME Subrecipient in i • -2- , order for CITY to contract with subcontractors to perform HOME eligible activities within CITY; NOW, THEREFORE, • WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the Parties agree as follows: Project. 1.1 CITY shall accomplish the general scope of services under this Agreement by performing individual scopes of work or projects for each Income Eligible Household as defined herein which is deemed qualified by CITY in accordance with this Agreement and consistent with the Rules and Regulations of HUD related to HOME eligible activities as described herein. 1.2 In accordance with 24 CFR Subpart E, Eligible and Prohibited Activities 92.205 - 92.215, "HOME eligible activities" are defined as Homeowner Rehabilitation, Homebuyer Activities, Rental Housing and Tenant -based Rental Assistance (TBRA). The Project to be irAplemented by CITY under this Agreement is a 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 2010/2011 HOME funds for the purpose of administering the referenced "HOME- eligible activities" in CITY in accordance with this Agreement and as mote -specifically described in • Exhibit 'A" Project Description. All HOME eligible activities under this Agreement shall be for Income Eligibib louseholds. Income Eligible Households shall mean homeowners ith -incomes in the fifty percent (50%) and eighty percent (80%) range dome based on COUNTY's FY 2010/2011 income limits set by HUD and adjusted for family size. 2. Funding Amount. The maximum amount of FY 2010/2011 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 - $139,297.00 [ ] 15% Community Housing Development Organization (CHDO) set aside $_ Regular HOME Dollars means the HOME funds allocated by COUNTY to CITY in accordance with 24 CFR Subpart E, Eligible'and Prohibited Activities 92.205 - 92.215 are not designated as a 15% CHDO set aside,,,�is described below and CITY shall administer the Project and subcontract the performance of the HOME eligible activities to be provided under the Agreemen i . CHDO means a Community Housing Development Organization established in accordance with 24 CFR Subpart G Community Housing Development Organizations 92.300 -301, and approved by COUNTY. CHDOs are established solely to provide access to a certain set -aside of federal HOME program funds and whose primary purpose is to develop affordable housing for CITY. Federal regulations require the participating jurisdiction (COUNTY) 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 the CHDO to provide the HOME eligible activities under this Agreement. In the event HUD reduces the HOME funding allocation to the Consortium, COUNTY shall reduce CITY's allocation proportionately. 3. Contracts with Third Parties. CITY agrees that, if it elects to contract(s) with a third party, including a COUNTY- approved CHDO, to perform any HOME eligible activities ywith 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. Cor6P_1iance with Requirements. In addition to the general compliance with laws pvisio�n=set forth in Section 20(H) herein for both parties, CITY shall comply wither requirements imposed by HUD for the HOME Program set forth in 24 CFR mart 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. CITY shall expend the HOME funds provided to it by COUNTY under this Agreement commencing on the date of execution by COUNTY through December 31, 2013, as further described in Exhibit "C," Timetable/Schedule for Project. This Agreement may be extended by the Parties for additional term(s) of up to one (1) year each, upon CITY's written request to COUNTY's Contract Administrator in order to complete the Project. For COUNTY, the County Administrator is authorized to enter into any extensions to the term of this Agreement. CITY agrees to expend the funds allocated to the Project by December,31, 2013. All funds not expended within the term of this Agreement shaR,remain%in the custody and control of COUNTY. /i; 6. Method of Payment. 6.1 COUNTY agrees to reimburse CITY for the Project expenses incurred as provided for in Exhibit "B," 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. _5_ 0 6.6 The parties hereby agree that the following events are sufficient cause for • suspension of payments. Such events include, but are not limited to: 6.6.1 Ineligible use of HOME funds; 6.6.2 Failure to comply with the terms of this Agreement; 6.6.3 Failure to submit reports as required including a favorable audit report; and 6.6.4 Submittal of incorrect or incomplete reports in any material respect. 6.7 CITY shall not request disbursement of HOME funds under this Agreement until the funds are needed for the payment of Eligible Costs as described in 24 CFR 92.205. Loan repayments ("recapture"), interest earned, and Program Income as defined in 24 CFR 92.503 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 Participating Jurisdiction wherein CITY will retain the funds for use in its own HOME program. 6.8 Payments to CITY shall be sent to, City of Tamarac Attention: City Manager 7525 Northwest 88th Avenue - Tamarac, Florida 33321-2401 6.9 If CITY, or its subcontractors, cause any HOME funds provided by COUNTY under this Agreement to be expended in violation of this Agreement, or if CITY fails to complete the Project in accordance with this Agreement, whether voluntarily or otherwise, such event constitutes a material breach of this Agreement, and CITY shall be provided notice in accordance with Section 20 (E) herein, specifying the nature of the default and providing CITY with an opportunity to cure said default within thirty (30) calendar days of the date of the notice. In the event CITY fails to cure the default to the reasonable satisfaction of COUNTY, COUNTY shall have the right to terminate this Agreement or suspend payment to CITY in whole or part. If payments are withheld, the Division shall specify in writing the actions that must be taken by CITY as a condition precedent for resumption of payments and specify a reasonable date for compliance. In the event of termination of this Agreement by COUNTY for cause, CITY shall be responsible to refund such HOME funds to COUNTY from • nonfederal resources, and if this Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY until paid. 7. Reports. COUNTY and CITY shall cooperate in the preparation of any and all reports required by this Agreement. CITY shall furnish to COUNTY any information COUNTY requests for preparation of reports required under the HOME Rules and Regulations, specifically 24 CFR Part 92 and 24 CFR, 85.36 including, but not limited to, the Consolidated Plan and the Annual Performance Report. CITY shall complete and submit to COUNTY on a monthly basis the information required in Exhibit "D," Monthly Progress Report. 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. i 8. Affirmative Marketing Polio. CITY shall comply with the Affirmative Marketing Policy, attached hereto as Exhibit "E," as it relates to marketing the Project to Income Eligible Households. ' 9. Equal Employment Opportunity Compliance. CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or • expenditure of funds in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions, -of the Americans with Disabilities Act (ADA) in the course of providing any' services funded by COUNTY, including Titles I and II of the ADA (re�gardirig nondiscrimination on the basis of disability), and all applicable regulations, gu-kdelines, 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 16Y2), 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 16Y2) in performing any services pursuant to this Agreement. 10. County Business Enterprise (CBE) Program. COUNTY:bas established a policy relating to CBE Program participation in COUNTY contracts. Although this Agreement does NOT have assigned CBE goals, in an effort to assist COUNTY isin achieving its objectives for the CBE Program, CITY agrees to make a good faith effort to incorporate CBE participation, where possible. 11. Public Entity Crimes. CITY agrees that no funds provided by COUNTY under this Agreement shall be subcontracted by CITY to any entity which has been placed on the discriminatory vendor list, as provided in Section 287.134, Florida Statutes, or which has been debarred under COUNTY's competitive procurement activities. A violation of this Section by CITY shall entitle COUNTY to terminate this Agreement and recover from CITY all monies paid by COUNTY pursuant to this Agreement which have been expended in violation of this Section. 12. Recapture and Affordability. CITY shall ensure that the recapture and affordability restrictions set forth in 24 CFR 92.503 are enforced by requiring the Income Eligible Homeowners execute the following documents relating to the amount of assistance applicable to their individual Project: Mortgage, Promissory Note and a Declaration of Restrictive Covenants in favor of CITY, for an affordability period determined by CITY in compliance with 24 CFR 92.503; each in a form substantially similar to the documents provided by COUNTY for CITY's use. i 13. Withdrawal from Consortium. Should CITY elect to withdraw from the Consortium' and be approved by HUD to become a HOME Participating Jurisdiction. (which means CITY would receive 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 jaf the =HOME funds to CITY, CITY shall assume all obligations and responsibil�s.attributable to such HOME funds. Should 6 Y 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 Agr �rment may be terminated for cause by the aggrieved party if the party iq ,breach has not corrected the breach within ten (10) days after written' notice from the aggrieved party identifying the breach, or for i 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 or safety. An erroneous termination for cause shall be considered a termination for convenience. 14.2 Termination of this Agreement for cause by COUNTY shall include, but not be limited to, multiple breaches of this Agreement which have a material adverse effect on the efficient administration of the Project notwithstanding whether any such breach was previously waived or cured. 14.3 Notice of termination shall be provided in accordance with the "Notices" section of this Agreement except that notice of termination by the Contract Administrator which the Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "Notices" section of this Agreement. 15. Amendments. This Agreement may only be amended by written consent of both is in a form of equal dignity and formality as this Agreement. Such amendments shall be subject to approval of the Board of County Commissioners, except the County Administrator shall be authorized to execute amendments that extend the term of the Agreement. The Division Director shall be authorized to approve line item changes to the budget information set out in Exhibit "B," Costs/Budget for Project, in the form of an amendment to this Agreement provided such changes do not result in an increase in the funding amount set forth herein. 16. Liability. CITY and COUNTY are state agencies or political subdivisions of the state of Florida as defined in Chapter 768.28, Florida Statutes, and each agrees to be fully responsible for acts and omissions of its agents, contractors, or employees in the performance of its obligations under this Agreement, to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties, in any matter, arising out of this Agreement or any other contract. -90 - • 17. Insurance. 17.1 The Parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance required by Florida law for governmental entities and each shall furnish to the other party written verification of such insurance upon request of the party. a. In the event CITY elects to perform the work itself and not through a contractor(s) and, if CITY is not self -insured, CITY agrees that, if the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished to COUNTY thirty (30) days prior to the date of their expiration. The Commercial General Liability policy and Certificate of Insurance shall reflect COUNTY as an additional insured. b. Notice of Cancellation and/or Restriction - The policy(ies) must be endorsed to provide COUNTY with thirty (30) days notice of cancellation and/or restriction. C. Prior to COUNTY's approval, the Contractor shall furnish to COUNTY's Contract Administrator, Certificates of Insurance or endorsements evidencing the insurance coverage specified above. The required Certificates of Insurance shall name the types of policies provided, the insured and additional insured, as well as inception and expiration dates. 17.2 Additional Insurance provisions. In the event CITY elects to enter in an agreement with a contractor(s) to perform work/activities for the Project referenced herein, CITY agrees to include in its contract with the successful contractor(s) the requirements set forth below in favor of COUNTY in addition to any CITY requirements and CITY further agrees to provide COUNTY, prior to commencement of any activities, Certificates of Insurance evidencing CITY's compliance with the requirements of this section. A. Insurance Requirements: 1. CONTRACTOR agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this Contract the following insurance coverage, limits, including endorsements described herein. The requirements contained herein, as well as CITY's or COUNTY's review or acceptance of insurance maintained by CONTRACTOR is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CONTRACTOR under this Contract. a. Commercial General Liability: CONTRACTOR • agrees to maintain Commercial General Liability coverage at a limit of not less than Five Hundred Thousand Dollars ($500,000.00) each Occurrence, One Million Dollars ($1,000,000.00) annual aggregate. CONTRACTOR agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability or Cross Liability. b. Business Automobile Liability: CONTRACTOR agrees to maintain Business Automobile Liability coverage at a limit of not less than Five Hundred Thousand Dollars ($500,000.00) Each Occurrence. Coverage shall include liability for Owned, Non -Owned and Hired automobiles. In the event CONTRACTOR does not own automobiles, CONTRACTOR agrees to maintain coverage for Hired and Non -owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. C. Workers' Compensation Insurance and Employer's Liability: CONTRACTOR agrees to .- maintain Workers' Compensation Insurance and Employer's 16ability Insurance. Insurance in compliance with "Workers' Compensation Law" of the State of Florida and all applicable federal laws,,,and coverage must include Employers Liability Insurance with minimum limits of One . Hundred Thousand Dollars ($100,000.09) eaeh accident. Note: Elective exemptions or coverage through,Ap employee leasing arrangement will NOT satisfy this requi�er4. d. Builder's Risk Insurance:.CONTRACTOR performing or remodeling agrees to maintain builders risk insurance to provide all risk Completed Value form Builder's Risk Policy with a deductible not to exceed Fifteen Thousand Dollars ($15,000.00) each claim for all perils except wind and flood. For the peril of wind, the CONTRACTOR shall maintain a deductible that is commercially feasible which does not exceed five percent (5%) of the value of the Contract Price said percentage to be determined at the sole discretion of COUNTY's Risk Manager. For the peril of flood, CONTRACTOR shall maintain a deductible that is commercially feasible which does not exceed One Hundred Thousand Dollars ($100,000.00). Such Policy shall reflect;. Broward County as additional loss payee. CONTRACTOR' shall be responsible for up to the first Ten Thousand Dollars ($10,000.00) of .pss within any of the Policy's deductible. ' % e. Additional Insured: CONTRACTOR agrees to endorse . CITY and COUNTY as additional insureds with either a CG 2020 Additional Insured -- Owners, Lessees, or Contractors or CG 2026 Additional Insured -- Owners, Lessees, or Contractors -- Scheduled Person Organization endorsement, or similar endorsements, to the Commercial General Liability. The additional insureds shall read "City of Tamarac, Florida" and "The Board of County Commissioners for Broward County, Florida." • f. Waiver of Subrogation: CONTRACTOR agrees by entering into this Contract to a Waiver of Subrogation in favor of CITY and COUNTY for each required policy herein. When required by the insurer, or should a policy condition not permit CONTRACTOR to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and request the policy be endorsed with a waiver of transfer of rights of recovery against others or its equivalent. i g. Certificates of Insurance: CONTRACTOR agrees to -provide CITY and COUNTY a Certificate(s) of Insurance evidencing that all coverage, limits and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum of thirty (30) day endeavor to notify due to cancellation or non -renewal of coverage. The Certtficate Holder address shall read: !FoyC Ij ;City of Tamarac /Aftention- City Manager i 7525 Northwest 88t" Avenue Tamarac, Florida 33321-2401 For COUNTY: Broward County Housing Finance and Community Development Division Attention: Division Director 110 Northeast 3`d Street, 3`d Floor Fort Lauderdale, Florida 33301 h. Umbrella or Excess Liability: CONTRACTOR may satisfy the liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest "Each Occurrence" limit for either Commercial General Liability or Business Auto Liability. CONTRACTOR agrees to endorse CITY ,and CCrUNTY as an "Additional Insured" on the Umbrella or Excess Liab-lify, unless the Certificate of Insurance states that the Umbrella 18. or Excess Liability provides coverage on a pure/true "Follow -form" basis. • i. Right to Revise or Reject: CITY and COUNTY reserve the right, but not the obligation, to review and revise any insurance requirement, not limited to limits, coverage and endorsements 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. Contractor Indemnification. In the event CITY enters into an agreement with a contractor(s) to perform any of the services for the Project referenced herein, CITY agrees to include in its contract with the successful contractor(s) the requirements set forth below in favor of COUNTY in addition to any CITY requirements. 18.1 CITY's Contractor shall indemnify and hold harmless COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CITY's Contractor, and other persons employed or utilized by CITY's Contractor in the performance of this Agreement. These indemnifications shall survive the term of this Agreement. To the extent permitted by law, in the event that any action or proceeding is brought against COUNTY by reason of any such claim or demand, CITY's Contractor shall, upon written notice from COUNTY, resist and defend such action or proceeding by counsel satisfactory to COUNTY. 18.2 To the extent permitted by law, the indemnification provided above shall obligate CITY's Contractor to defend, at its own expense, to and through appellate, supplemental, or bankruptcy proceeding, or to provide for such defense, at COUNTY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 18.1 above which may be brought against COUNTY, whether services were performed by CITY's Contractor or persons employed or utilized by CITY's Contractor. 18.3 In order to insure the indemnification obligation noted above, CITY's contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverage set forth in Article 17 herein. 13 0 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. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project or the HOME Program. All books, records, and accounts of CITY shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CITY shall make same available at no cost to COUNTY in written form. CITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes, as amended from time to time), if • applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. B. Financial Statements. CITY agrees to comply with the requirements and standards of OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments" and 24 C.F.R. 85, incorporated herein by reference. CITY agrees that if it has caused any HOME funds provided under this Agreement to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to COUNTY from nonfederal -14- resources, or if this Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY. . CITY agrees to comply with the audit requirements of OMB Circular A- 133, entitled "Audits of State and Local Governments and Non -Profit Organizations." The audit shall cover the entire operations of the local government or, at the option of that government, may cover only the department or agency that received, expended, or otherwise administered the federal funds. Such audit must be filed with COUNTY within one hundred eighty (180) days after the close of the fiscal year of the governmental entity. All grant funds from COUNTY should be shown via explicit disclosure in the annual financial statements or the accompanying notes to the financial statements. CITY shall disclose to COUNTY any and all third party funding, whether public or private, for the Project. No COUNTY funding shall be used to supplant existing third party funding. C. Independent Contractors. CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, employees; or agents of COUNTY. No partnership, joint venture, or other joint' relationship is created hereby. COUNTY does not extend to CITY or CITY's agents any authority of any kind to bind COUNTY in any respect whatsoever. D. Third Party Beneficiary. Neither CITY nor COUNTY intends to directly or substantially benefit a third party by this Agreement Therefore, the Parties agree that there are no third party beneficiarie! Yothis Agreement and that no third party shall be entitled to assert -a' rjqM or claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. E. Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: • FOR COUNTY: Director Housing Finance and Community Development Division 110 Northeast 3Id Street — Third Floor Fort Lauderdale, Florida 33301 FOR CITY: City of Tamarac Attention: City Manager 7525 Northwest 881h Avenue Tamarac, Florida 33321-2401 F. Assignment. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. CITY is permitted to subcontract the performance of services required by this Agreement in accordance with,the terms and conditions set forth herein. CITY represents that each person who will render services pursuant to this Agreement"is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CITY shall per -form its duties, obligations, and services under this Agreement irx-a ;skillful and respectable manner. The quality of CITY's performjanceartd all interim and final product(s) provided to or on behalf of COUNII be comparable to the best local and national standards. G. Waiver arrd Materiality. COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Either party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. H. Compliance,with>laws. CITY and COUNTY shall comply with all federal, state, and local; laws, codes, ordinances, rules, and regulations in performing its Ou�ies, responsibilities, and obligations related to this Agreement 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. J. Joint Preparation. The Parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one party than the other. K. Governing Law and Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit and venue for litigation arising out of this Agreement shall be in such state courts. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement. • L. Merger. This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning this Agreement that is not contained in this written document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. M. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 20 of this Agreement shall prevail and be given effect. N. Incorporation by Reference. The truth and accuracy of each "WHEREAS" clause set forth above is acknowledged by the Parties and is incorporated -,70 - herein by reference as if set forth in full herein. The attached Exhibits • "A" - "G" are incorporated into and made a part of this Agreement. O. Authority. Each individual executing this Agreement on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party. 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 covenants it shall comply with the requirements of 24 CFR 92.356 relative to the Conflict of Interest provisions. CITY, its officers, employees, agents, or consultants who exercise or have exercised any functions or responsibilities with respect to the Project or who are in a position to participate in a decision making process or gain inside information with regard to the Project, shall not obtain a financial interest or benefit from the Project, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. CITY, its officers, employees, agents, or consultants shall not occupy any HOME Assisted Unit provided for under this Agreement. Any possible conflicting interest on the part of CITY, its employees, or agents, shall be disclosed in writing to the Division. S. Conflicts. Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with ORGANIZATION's loyal and conscientious exercise of judgment related to its performance • -18- under this Agreement. CITY agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile witness • against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of COUNTY in any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event CITY is permitted to utilize subcontractors to perform any services required by this Agreement, CITY agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. T. Originals. This Agreement may be executed in three (3) or more counterparts, each of which shall be deemed to be an original. [remainder of page left intentionally blank] i ;- . IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on March 29, 2011 and CITY OF TAMARAC, signing by and through its Main r duly authorized to execute same. • • WITNESSES: Signature: Print Name: ANDRf MORRELL Signature:' v \l7 r•Fi4 - -R � I' Print Name: Approved as to Insurance Requirements By: - Management ivlsion PME:dp 2010 HOME ILA form 04/13/11 #11-051.02 COUNTY County Administrator to, day of 12011. Approved as to form by Office of County Attorney Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Teleco .er: (954) 357-7641 By� . An ATRICE M. EICHEN (Date) Assistant County Attorney -20- to-COMM�S ,......,, sod G :• • CREATED • :� V : OCT 1ST :m 1915 ate; •,�sA�tl Cry�S�•� • INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF • TAMARAC, FLORIDA, FOR DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT OF HOME FUNDING PROGRAM FOR MINOR HOME REPAIR/RESIDENTIAL REHABILITATION PROGRAM ATTEST: City Clerk of TAMq ESTABLISHED 1963 ' O SEAL �i•' . 0 O ' //;," CO�U{W`�\\\\�ti CITY CITY OF TAMARAC By: L f L JL ( Mayor PkPAl6_L)q Print/Type Name ),`, day ofQLZ__'' , 2011. Print/Type Name day of 2011. Appro e as to form: �- :; � r.. City/ Attorney -21- • City .f Tamarac-,t.bProgram CITY shall provide minor home repair assistance of up to Thirty Thousand Dollars ($30,000.00) per home for a minimum of five (5) Income Eligible Households ("Clients") in accordance with the terms of the Agreement and specifically Exhibit "B," Costs/Budget for Project. The assistance includes all rehabilitation costs defined in the Agreement for HOME eligible activities. Applicants will be processed by CITY on a first come, first served basis. CITY's Program will be administered in accordance with the City's Local Housing Assistance Plan (LHAP). CITY shall comply with HOME Rules and Regulations governing the Project and CITY's Program including, but not limited to the following: ® Maximum value of a property after rehabilitation work is limited to 24 CFR Sub Part F Section 92. 254 (b). ® Lead based paint testing and abatement, as needed in accordance with 24 CFR Sub Part H Section 92.355. ® Income Eligible Households shall refer to households whose maximum income shall be less than 80% of the County median. ® Federal procurement procedures set forth in 24 CFR Sub Part K Section 92.505 are applicable to the selection of the contractor. ® Ensure that the recapture and affordability restrictions set forth in the Agreement are followed. ® Provide COUNTY with an individual scope of work and a tax assessment for each property to be assisted prior to committing any HOME funds. ® Review tax assessed value and scope of work to determine if the value of the property after rehabilitation work is completed meets HOME guidelines. 0 Category A. Staff Cost B. Inspections C. Direct Client Subsidy D. Inspections , E. Supplies F. Contractual Services G. Construction H. Other/ Lien Recordings --------------------------- I. TOTALS EXHIBIT "B" COSTS/BUDGET FOR PROJECT FISCAL YEAR 2010-2011 FUNDING SOURCE (1)HOME (2) CDBG (3) TOTAL $139,297.00 ------------------- $139,297.00 $100,000.00 $100,000.00 $2�9,29700 ------------------------- $239,297.00 • • 0 Budget Narrative FY 2010-2011 • Category Funding Source HOME Total HOME allocation: $139,297.00 A minimum of 5 households @ $27,859.40 A. Inspections: CITY currently has an agreement with a firm to perform the services for work specifications and interim and final work inspections. ($735.00) B. Appraisals: CITY currently has an agreement for an appraisal firm to conduct required after -rehab value appraisals. ($250.00) C. Recording/Docs: CITY shall record the documents necessary for each property rehabilitated under the Agreement. The cost of recording the documents against the property for housing assistance is $61.00-1 however the documentary stamp fee will vary depending on the amount of the lien. The above amount is based on the lien amount for only HOME funding; if additional funds are leveraged, the cost will incre-6se. (Approximately $125.00 per recording) Note: This Project is funded with HOME funds from COUNTY and CDBG funds. EXHIBIT "C" TIMETABLE/SCHEDULE FOR PROJECT • WORK TASKS START-UP COMPLETION Identify and process May 2011 December 31, 2012 Income Eligible Households Work Write -Ups May 2011 On -going Begin Rehabilitation work June 2011 On -going Provide Monthly Progress Reports On -going December 31, 2013 to COUNTY Invoice COUNTY September 2011 December 31, 2013 Provide Final Report to COUNTY N/A December 31, 2013 PROGRESSEXHIBIT "D" MONTHLY Period Covered: to A. Project Information. Agency: Person Preparing the Report: Signature & Title: Project Title: Project Start-up Date: Project Completion Date: Amended Completion Date: BA Project Cost. Budget Total Project $ HOME Funding $ Other Funding $ Date of Report.: Funds Expended Percentage $ B.2 Declaration of Aaencv Budaet Chanaes. Program Income/ Recapture: Source of Program Income/Recapture: B.3 Other Grant Awards. Date(s): Dollar Amt Funding Source B.4 Percent of Project Completed to date. �J (Continued) C. I Describe specific work tasks and qualified accomplishments completed this month: Task Qualified Accomplishments This Month C.2 Describe success or problems encountered with the Project: C.3 Anticipated problems or concerns with the Project: Please identifytec�nical assistance needed and/or requested from Community Development staff. C.4 Anticipated advertisements and/or other contractual services�lfapglicable, has Community Development staff been advised and appropriate stepsftaken to assure compliance? - D. Program ®biectives: Work Tasks Projected Yearly/ Monthly Progress Supporting Total Performance Pro rq ess YTD Documentation -2- • • • 0 • EXHIBIT "D" MONTHLY PROGRESS REPORT (Continued) DIRECT BENEFIT REPORT FORM Please specify total number of persons or households (as applicable) assisted/served Since executinn of anrPPman4 Households Persons Low to Moderate Income Low Income White -Not Hispanic Origin Black -Not Hispanic Origin American Indian or Alaskan Native Hispanic Asian or Pacific Islander Female Headed Household i i -3- EXHIBIT "E" • A. AFFIRMATIVE MARKETING: Rental and homebuyer projects containing 5 or more HOME assisted units must comply with the Affirmative Marketing Policy described below, or an affirmative marketing policy approved by HUD or adopted by a local government if such policy is more restrictive than that which is set forth below or approved by HUD. If a HOME assisted unit is advertised for rental, it will be done in a manner to inform persons who would otherwise not be likely to apply for a unit. Owners of properties who participate in this program shall not refuse to rent to tenants holding Section 8 Housing certificates except for cause, such as: refusal to rent to tenants who previously failed to pay their rent and/or maintain their units or those who otherwise were in violation of the terms and conditions of their tenancy. y 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 i' releases will be placed in newspapers and other publications circulated widely in target areas. i The Equal Housing Opportunity logo will be used on all printed materials. 2. OWNER PRACTICES & PROCEDURES Each owner must adhere to the following requirements and practices in order to carry out the affirmative marketing policies of the Broward County Housing and Community Development Program. Advertise in circulars and periodicals having wide distribution in target areas. Display leaflets, brochures and other printed materials containing the equal housing logo in conspicuous locations at places frequented by potential tenants and persons least likely to apply for the rental housing. • EXHIBIT "E" Is AFFIRMATIVE MARKETING (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. 0 -2- 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 EXHIBIT "G" • REQUEST FOR PAYMENT Broward County Board of Commissioners, Broward County Florida Housing and Community Development Division HOMEPROGRAM FY 20 /20 FUNDING CONTRACT PERIOD THROUGH HOME Funding Amount: $ 1. Project: 2. City: 3. Billing # 4. Billing Period Covered 5. % of Total Contract Expended through this Billing 6. Cost Categories Total Expenditures Expenditures Total Expenditures Up to last billing this billing to date Project Costs: (Itemized per Exhibit "B") • TOTALS Page 1 of 2 EXHIBIT "G" . REQUEST FOR PAYMENT (continued) Detail of Request for Payment (attach copies of backup for billing) Vendor/Client Name Invoice # Description Amount Certification: I certify that this billing is correct and just and based upon obligations of record for this project; that the work and services are in accordance with Broward County approved agreement including any amendments thereto; and that the progress of the work and services under the project agreement are satisfactory and are consistent with the amount billed. Signature and title of Authorized Official Date Page 2 of 2