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
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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
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Temporary Resolution #11744
December 1, 2009
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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