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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-003Temporary Resolution #11744 December 1, 2009 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- 03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2009-2010 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 2009-2010, 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 25, 2002; 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 Temporary Resolution #11744 December 1, 2009 Page 2 of 3 subrecipient and to enter into the Interlocal Agreement with the County for HOME Program funds for Fiscal Year 2009-2010 in the amount of $140,982.00, 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 2009-2010. 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 2009-2010, 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 2 J 1 Temporary Resolution #11744 December 1, 2009 Page 3 of 3 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC FLORIDA THIS /3 DAY OF , 2010. ATTEST: CITY CLERK I HEREBY CERTIFY that I Have approved this RESOL TION as to form. �� -CITY/ATTOFNEY CITY OF TAMARAC, FLORIDA d BETH TALABISCO, MAYOR B. TALABISCO P. BUSHNELL D. GLASSER P. ATKINS-GRAD H. DRESSLER 3 PW INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOME PROGRAM FISCAL YEAR 2009-2010 HOME GRANT #: 10-HFCDD-00 INDEX SECTION PAGE 1 FUNDING YEARS......................................................................................................2 2 FUNDING AMOUNT...................................................................................................2 3 CONTRACTS WITH THIRD PARTIES......................................................................2 4 COMPLIANCE WITH REQUIREMENTS....................................................................2 5 TIMETABLE................................................................................................................2 6 DISBURSEMENT OF FUNDS....................................................................................3 7 REPORTS.................................................................................................................. 3 8 AFFIRMATIVE MARKETING POLICY........................................................................3 9 EQUAL EMPLOYMENT OPPORTUNITY AND SMALL BUSINESS DEVELOPMENT PROGRAM ....................................... 3 10 PUBLIC ENTITY CRIMES..........................................................................................4 11 RECAPTURE AND AFFORDABILITY........................................................................4 12 WITHDRAWAL FROM CONSORTIUM...................................................................... 5 13 TERMINATION...........................................................................................................5 14 AMENDMENTS.......................................................................................................... 5 15 LIABILITY................................................................................................................... 5 16 INSURANCE..............................................................................................................5 17 INDEMNIFICATION.................................................................................................... 8 18 PERFORMANCE BOND............................................................................................9 19 MISCELLANEOUS..................................................................................................... 9 EXHIBITS EXHIBIT "A" PROJECT DESCRIPTION EXHIBIT "B" BUDGET AND NARRATIVE EXHIBIT "C" TIMETABLE/SCHEDULE HOMElnterlocal (Sub -Recipient) EXHIBIT "D" MONTHLY PROGRESS REPORT EXHIBIT "E" AFFIRMATIVE MARKETING POLICY EXHIBIT "F" PROJECT COMPLETION REPORT EXHIBIT "G" COMPLETED BILLING FORM HOMElnterlocal (Sub -Recipient) INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for DESIGNATION OF SUBRECIPIENT AND DISBURSEMENT HOMEPROGRAM FISCAL YEAR 2009-2010 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 Consortium ("Consortium"), and are subject to the terms and conditions of that certain HOME Investment Partnership Program Consortium Cooperation Agreement ("HOME Agreement") entered into by the Parties on June 26, 2009; said Consortium Agreement is incorporated herein by reference; and WHEREAS, COUNTY, in its representative capacity to the Department of Housing and Urban Development ("HUD") for all members of the Consortium, is the recipient of HOME funds from HUD, and has allocated these funds to various municipalities within Broward County, including CITY; and WHEREAS, CITY and COUNTY have determined that it is mutually beneficial to have COUNTY disburse HOME funds to CITY for HOME -eligible activities within CITY; and WHEREAS, CITY must be designated as a HOME Subrecipient in order to directly execute contracts for HOME eligible activities; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants set forth, the Parties agree as follows. - HOMEInterlocal (Sub -Recipient) 1 1. Funding Years. Upon execution of this Agreement, CITY shall be designated as a HOME Subrecipient for 2009-2010 fiscal year funds for the purpose of administering HOME -eligible activities in CITY as provided for herein and in Exhibit "A," Project Description, attached hereto and incorporated herein. 2. Funding Amount. The maximum amount of fiscal year 2009-2010 HOME funds covered by this Agreement shall be set forth below and further described in Exhibit "B," Budget and Narrative, attached hereto and incorporated herein. The HOME Funds shall be administered by CITY in accordance with terms set forth in Exhibit "B." Check applicable category(ies): ® "Regular HOME Dollars" $140,982.00 715% CHDO set aside $ Regular HOME Dollars are those funds allocated by COUNTY to CITY which are not designated at a CHDO set aside. CHDO means a Community Housing Development Organization created in accordance with 24 CFR 92.2. CITY agrees to administer the CHDO set aside in accordance with 24 CFR Subpart G. In the event HUD reduces the HOME allocation to the Consortium, COUNTY will reduce CITY allocation proportionately. 3. Contracts with Third Parties. CITY agrees that, if it elects to contract with a third party, including a COUNTY approved CHDO, to perform any HOME -eligible activities funded through this Agreement, it shall enter into a written agreement which contains the provisions specified in 24 CFR Part 92.504, incorporated herein by reference. In addition, any agreement between CITY and a third party for the use of HOME funds obtained pursuant to this Agreement shall comply with all applicable HOME regulations and shall be enforced by deed restriction. A copy of all of CITY agreements for HOME -eligible activities funded by this Agreement shall be furnished to COUNTY Community Development Division upon execution of same. 4. Compliance with Requirements. CITY agrees to comply with all requirements imposed by HUD for the HOME Program as set forth in 24 CFR Part 92, incorporated herein by reference, other federal and local regulations as may be required as well as, such requirements as may be imposed by the Consortium. CITY further agrees to abide by the uniform administrative requirements stated in 24 CFR Part 92.505, incorporated herein by reference. 5. Timetable. CITY agrees to expend the HOME funds allocated to it pursuant to this Agreement within two (2) years from the date of execution by COUNTY and as further described in Exhibit "C," Timetable/Schedule. This Agreement may be extended by the Parties for additional term(s) of up to one (1) year upon request in writing by CITY. For COUNTY, the County Administrator is authorized to enter into any extensions to the term of this Agreement. HOMElnterlocal (Sub -Recipient) 2 6. Disbursement of Funds. CITY shall not request disbursement of HOME funds under this Agreement until the funds are needed for payment of eligible costs. Loan repayments ("recapture"), interest earned or other return on CITY investment of HOME funds designated as Program Income shall be accounted for by CITY and reported in the Monthly Progress Report in the form attached hereto as Exhibit "D." Program Income and recapture monies shall be deducted from and disbursed for eligible HOME costs and the remaining balance of eligible costs will be requested from COUNTY on a properly Completed Billing Form attached hereto as Exhibit "G." For the purposes of this Agreement "program income" shall be as defined in 24 CFR Part 92.2. 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 and all information required for those reports COUNTY prepares as may be required by HOME regulations 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 report shall be due one (1) month after execution of this Agreement by COUNTY. Upon completion of the project described in Exhibit "A," CITY shall complete and furnish to COUNTY, the information required in Exhibit "F"; Project Completion Report. 8. Affirmative Marketing Policy. CITY shall comply with the Affirmative Marketing Policy, attached hereto and incorporated herein as Exhibit "E." 9. Equal Employment Opportunity Compliance and Small Business Development Program 9.1 Equal Employment Opportunity Compliance. 9.1.1 CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 9.1.2 CITY decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16Y 2), national origin, marital status, physical HOMElnterlocal (Sub -Recipient) 3 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. 9.2 Small Business Development Program 9.2.1 This Agreement does NOT contain goals for Community Disadvantaged Business Enterprises (CDBE) because the nature of the project does not allow for subcontracting opportunities. COUNTY Small Business Development Division recommends that no CDBE goal be assigned to this project as the County portion of the project expenditures is principally for investment rather than direct construction costs and since the County is funding only a portion of the project, it is not possible to guarantee subcontracting opportunities for CDBE firms. Accordingly, there are no requirements for contract compliance monitoring or reporting for this project. 9.2.2 While there are no goals for CDBE participation assigned to this project, the use of County -certified Community Disadvantaged Business Enterprises (CDBE) is encouraged. 10. Public Entity Crimes. CITY agrees that, in accordance with 24 CFR Part 84, Section 13, no funds provided by COUNTY under this Agreement shall be awarded or 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 competitive procurement activities. A violation of this Section by CITY shall entitle COUNTY to terminate this Agreement and/or recover from CITY all monies paid by COUNTY pursuant to this Agreement which have been expended in violation of this Section. 11. Recapture and Affordability. CITY shall ensure that the recapture and affordability restrictions set forth in Exhibit "A" are enforced against the homeowner, CHDO or other recipient through execution of the following documents, as applicable to the Project: Mortgage, Promissory Note and Declaration of Restrictive Covenants; each in a form substantially similar to the documents to be provided by COUNTY for CITY use. 12. Withdrawal from Consortium. Should CITY withdraw from the Consortium and elect to become a HOME Participating Jurisdiction, at CITY request and with HUD approval, HOMElnterlocal (Sub -Recipient) 4 COUNTY shall transfer to CITY any program income and recapture monies attributable to CITY allocation of HOME funds and any CITY allocation of HOME funds on hand at the time CITY withdraws from the Consortium. In this event, along with the transfer, CITY shall assume all obligations and responsibilities attributable to such funds. Should CITY withdraw from the Consortium and elect not to become a HOME Participating Jurisdiction, COUNTY shall retain any HOME allocation, program income, recapture monies and repayments attributable to CITY HOME allocation during the period of time CITY was a Consortium member. In this event, COUNTY shall retain all obligations and responsibilities attributable to such funds. 13. Termination. This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other pursuant to Section 19(F) 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 above allocation. 14. Amendments. This Agreement may only be amended by mutual 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 only change the term of the Agreement. 15. Liability. CITY and COUNTY are state agencies or subdivisions 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. 16. Insurance. 16.1 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 HOMElnterlocal (Sub -Recipient) 5 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. 16.2 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 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 coverages, limits, including endorsements described herein. The requirements contained herein, as well as CITY or COUNTY 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 $300,000 Each Occurrence, $300,000 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 $100,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned and Hired automobiles. In the event CONTRACTOR HOMElnterlocal (Sub -Recipient) 6 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. Worker Compensation Insurance and Employers Liability: CONTRACTOR agrees to maintain Worker Compensation Insurance and Employers Liability Insurance. Note: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement. d. 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." e. 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. f. Certificates of Insurance: CONTRACTOR agrees to provide CITY and COUNTY a Certificate(s) of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum of thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage. The Certificate Holder address shall read: For CITY For COUNTY City of Tamarac Broward County Housing Finance Attention: City Manager and Community Development Division 7525 Northwest 88th Avenue Attention: Division Director Tamarac, Florida 33321-2401 110 Northeast 3`d Street — Third Floor Fort Lauderdale, Florida 33301 g. Umbrella or Excess Liability: CONTRACTOR may satisfy the liability limits required above for Commercial General Liability or HOMElnterlocal (Sub -Recipient) 7 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 COUNTY as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states that the Umbrella or Excess Liability provides coverage on a pure/true "Follow -form" basis. h. 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, coverages 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. 17. Indemnification. In the event CITY elects to enter in an agreement with a contractor 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. A. To the fullest extent permitted by law, and in consideration of Twenty-five Dollars ($25.00), which is the first Twenty-five Dollars ($25) of the Contract price for the payment and other valuable consideration, CONTRACTOR agrees to indemnify, defend and hold harmless CITY and COUNTY, their respective officers, agents, volunteers, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorneys' fees, court costs, or other alternative dispute resolution costs arising out of, resulting from, or otherwise but for the performance or furnishing of work or services under this Contract or Project; providing that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, death, or personal injury, or property damage, including the loss of use or decrease in value resulting therefrom; but only to the extent caused in whole or in part by the actual or alleged negligent acts, errors or omissions of CONTRACTOR, CONTRACTOR subcontractor(s), or anyone directly or indirectly employed or hired by CONTRACTOR or anyone for whose acts CONTRACTOR might be liable. B. CITY and COUNTY reserve the right, but not the obligation, to participate in defense without relieving CONTRACTOR of any obligation hereunder. HOMElnterlocal (Sub -Recipient) 8 18. Performance Bond. Bond requirements are unrealistic for such small jobs, and in lieu of bond requirements, an escrow option will be used. 19. Miscellaneous: A. Audit Rights. COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Project or 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 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, Fla. Stat.), 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 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 disallowance and recovery of any payment upon such entry. B. Financial Statements. CITY shall provide to COUNTY one (1) of the following: 1. Two (2) copies of CITY's audited financial statements consisting of Balance Sheets, Statement of Operations, Statement of Changes in Fund Balances, Statement of Cash Flows, any management letter(s) thereby generated as it relates to funding provided under this Agreement, and CITY's response to any management letter(s). The audit of the financial statements shall be performed by an independent certified public accounting firm in accordance with Generally Accepted Auditing Standards and Government Auditing Standards issued by the Comptroller of the United States; or 2. CITY shall provide to COUNTY's Contract Administrator three (3) copies of a special report prepared by an independent certified public HOMElnterlocal (Sub -Recipient) 9 accountant, or by CITY's internal auditor on the following elements. The special report shall show all revenues, by source, and all expenditures as set forth in the Scope of Services for the program being funded by this Agreement. The report shall specifically disclose any funds received which were not expended in accordance with the scope of service of Agreement or with any regulations incorporated by reference therein. It shall identify the total of noncompliant expenditures as due back to COUNTY. If the special report is prepared by an independent certified public accountant, it shall be in accordance with generally accepted auditing standards. If the special report is prepared by an internal auditor, it shall be a review and contain a report on the reports required by this Agreement from the financial records of CITY in accordance with the normal internal audit procedures of CITY. The special report is to be filed with CITY's governing body. CITY shall submit two (2) copies of the financial statements described in the first paragraph of this Section, one (1) copy of the accompanying management letter, if any, or three (3) copies of the special report described in second paragraph of this Section to COUNTY's Contract Administrator within one hundred twenty (120) days after the close of CITY's fiscal years in which CITY receives funds under this Agreement. The due date for the financial disclosure information described in the first paragraph of this Section or the special report described in the second paragraph of this may be extended upon the occurrence of COUNTY granting CITY an extension of the time in writing to provide the information. CITY shall provide COUNTY's Contract Administrator any and all management letters arising from audited financial statements within ninety (90) days of the date of said management letter as it relates to the program described in this Agreement. CITY shall provide to COUNTY's Contract Administrator the schedule of correction developed in response to said management letter(s) within thirty (30) days of its development. CITY shall provide to COUNTY's Contract Administrator any compliance audits required by law within one hundred twenty (120) days after the close of each of CITY's fiscal years in which CITY accounts for the funds under this Agreement. CITY agrees to comply with the requirements of OMB Circular A-133 entitled "Audits of States, Local Government and Nonprofit Organizations." HOMElnterlocal (Sub -Recipient) 10 C. Independent Contractors. CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, employees, or agents of COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CITY or CITY's agents any authority of any kind to bind COUNTY in any respect whatsoever. D. Third Party Beneficiary. Neither CITY nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. E. Notice. 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 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 3rd Street, Third Floor Fort Lauderdale, Florida 33301 FOR CITY: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 F. Assignment. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CITY and COUNTY shall not subcontract any portion of the work required by this Agreement without the prior written consent of the other party. 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 HOMElnterlocal (Sub -Recipient) 11 reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. G. Waiver and Materiality. COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Either party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. H. Compliance with laws. CITY and COUNTY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 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, HOMElnterlocal (Sub -Recipient) 12 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 19 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. The attached Exhibit(s) "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 designee. The Contract Administrator for CITY is the City 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 until the conclusion of the long term affordability period expires. Any provision of this Agreement which contains a restriction or HOMElnterlocal (Sub -Recipient) 13 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. Originals. This Agreement may be executed in three (3) or more counterparts, each of which shall be deemed to be an original. 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 the June 9, 2009 and CITY OF TAMARAC, signing by and through its Mayor, duly authorized to execute same. WITNESSES: Signature: Print Name: Signature. - Print Name: Approved as to Insurance Requirements By: Risk Management Division COUNTY BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR Bertha Henry, County Administrator day of ,20 Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 A. Denise Sagerholm, Esq Assistant County Attorney (Date) HOMElnterlocal (Sub -Recipient) 14 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, FLORIDA, FOR DESIGNATION OF RECIPIENT AND DISBURSEMENT OF HOME FUNDING PROGRAM CITY ATTEST: KA0__A 171, re; �? e_ CITY OF TAMARAC By: Mayor �e 49� Print/Type Name day of , 20 / 0 Conager Prin pe Name /.� day of , 20_/&4. Appro ed as to fo m: /, Am, / a/,v City Attor y HOMElnterlocal (Sub -Recipient) 15 FY 2009/2010 $140,982.00 EXHIBIT A PROJECT DESCRIPTION Proiect Name: Housing Rehabilitation Project Description: The Home Rehabilitation program provides assistance to correct health or safety issues, address code violations, bring the home up to the local or state building code for households within the HOME funding guidelines, and/or to provide modification to improve accessibility and safety as needed for older and/or disabled persons also within HOME funding guidelines. These funds will be utilized to assist a minimum of five (5) households that meet the HOME funding income requirements of less than 80% of the AM1. The program is structured as a ten (10) year deferred payment loan with a pro -ration of 20% per year beginning in the 6th year. If the homeowner breaches the ten year term agreement, the prorated amount due at that time will be due. Applicants will follow the City's application process which consists of submission of financial documents such as: Official Application Proof of income Third party verifications Bank Statements Income Tax returns Deed Proof of insurance and paid property taxes and other documents as necessary. The City will utilize other available funding sources such as SHIP and CDBG if the property's needs exceed the allowable amount under HOME which based on funding is approximately $30,000 per household. The City will oversee the program and provide the following services: • Client Intake and income certification • Title review • Conduct work specifications through use of Consultant General Contractor • Bid process & award through competitive process with active list of qualified contractors (see process below) 2009-2010 Exhibit A-C Rehab (a) 9/1 /09 ® Billing and reporting to County ® Interim and Final Inspections of work through use of Consultant General Contractor • Process Release of Liens and Subordinations The Bid process for each job will be conducted as follows: Consultant general contractor will perform work specifications Notify list of contractors via email or fax for pre -bid conference date Set bid deadline date Open bids Review, deduct line items or make changes as necessary Award Contract between homeowner and contractor signed Notice to Proceed sent to contractor Final Inspections conducted and final payments made The program will be marketed along with the various other City related Housing programs via, local newspaper, City Tam-O-Gram, flyers in City facilities, as well as outreach conducted by City staff. 2009-2010 Exhibit A-C Rehab (a) 9/1 /09 FY 2009/2010 EXHIBIT B COSTS/BUDGET FOR PROJECT Funding Sources For a minimum of five (5) HOUSEHOLDS Category HOME CDBG SHIP Total (Max $30,000) (Max $30,000) (Max.$30,000) A Construction $133,982.00 $150,000.00 $150,000.00 $ 433,982.00 B. Inspections C. Developer fee D. Direct client subsidy E. Contractual Services F. Appraisal G. Other (Recording/Doc Stamps) $ 7,000.00 $ 7,000.00 H. Totals $140,982.00 $150,000.00 $150,000.00 $440,982.00 2009-2010 Exhibit A-C Rehab (a) 9/1 /09 FY 2008/2009 EXHIBIT B (Continued) BUDGET NARRATIVE Explanation of above chart: Total HOME allocation: $140,982.00 A minimum of 5 households to be assisted TOTAL Per household $ 30,000.00 (Fees & Rehab) Inspections: Currently the City has an agreement with a frim to perform the services for work specifications and interim and final work inspections. Appraisals: The City of Tamarac currently has an agreement for an appraisal firm to conduct required after -rehab value appraisals. Recording/Docs: The City's current document used to record against the property for housing assistance cost $61.00 to record and documentary stamp fee vary depending on the amount of the lien. The above amount is based on the lien amount for just HOME funding, if additional funds are leveraged, that cost will increase. The City of Tamarac receives additional funding from CDBG and SHIP. Our current maximum under the Housing Rehabilitation is $30,000 for CDBG and $30,000 for SHIP. 2009-2010 Exhibit A-C Rehab (a) 9/1/09 FY 2009/2010 EXHIBIT C TIMETABLE/SCHEDULE FOR PROJECT WORK TASKS START-UP COMPLETION Notice of Available Funding October 2009 Certification of Households October 2009 Work Write -Ups December 2009 Notice to Proceed February 2010 To Contractor(s) Recording of Mortgage(s) April 2010 And Note(s) Begin Rehabilitation Work May 2010 Invoice/Payment July 2010 Close Out July 2010 2009-2010 Exhibit A-C Rehab (a) 9/1 /09 June 2010 September 2010 October 2010 December 2010 December 2010 January 2011 February 2011 EXHIBIT D MONTHLY PROGRESS REPORT Period Covered: to A. Proiect Information. Agency: Person Preparing the Report: Signature & Title: Project Title: Project Start-up Date: Project Completion Date: Amended Completion Date: B.1 Project Cost. Budget Total Project $ HOME Funding $ Other Funding $ Date of Report: Funds Expended Percentage $ $ B.2 Declaration of Agency Budget Changes. Program Income/ Recapture: Source of Program Income/Recapture: B.3 Other Grant Awards. Date(s): Dollar Amt Funding Source B.4 Percent of Proiect Completed to date. EXHIBIT D (Continued) C.1 Describe specific work tasks and qualified accomplishments completed this month: Qualified Task Accomplishments 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 EXHIBIT E MISCELLANEOUS 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. 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 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 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 (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. >tl:T�T�Z�Z�7uI;1�Z►��lltl�l<:���7�7���.� 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. 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 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 Community Development Division, 115 South Andrews Avenue, #310, Fort Lauderdale, Florida 33301. The existing evaluation and monitoring activities conducted by the Community Development Division will be applied to the HOME program to ensure compliance with local and federal policies, regulations and required reports. In instances of noncompliance, corrective action will be taken. Page 2 of 2 EXHIBIT F FINAL ACCOUNTING FOR PROJECT Project name Initial HOME Funding Amount Amended HOME Funding Amount Amount Expended Amount Unexpended For each HOME unit 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 Broward County Board of Commissioners, Broward County Florida Community Development Division HOME PROGRAM REQUEST FOR PAYMENT YEAR 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 Up to last billing Project Costs: (Itemized per Exhibit B) TOTALS Q Expenditures Total Expenditures This billing to date 9 Page 1 of 2 EXHIBIT G (continued) Detail of Request for Payment (attach copies of backup for billing) Vendor/Client Name Invoice # Description Amount Certification: I certify that this billing is correct and just and based upon obligations of record for this project; that the work and services are in accordance with Broward County approved agreement including any amendments thereto; and that the progress of the work and services under the project agreement are satisfactory and are consistent with the amount billed. Signature and title of Authorized Official Date Page 2 of 2 10/03